California voters to decide Prop 45 to change how environmental laws impact key construction | CA Politics 360
California voters this November will decide Proposition 45, a measure that could change the state’s environmental laws to speed up construction projects such as housing, bridges, and clean energy infrastructure.
At the center of Proposition 45 is the California Environmental Quality Act (CEQA), which has been criticized for slowing down construction projects. Under CEQA, anyone opposed to a project—from housing developments to bike lanes—can file lawsuits that delay progress for years. The law also requires environmental reviews to study, check, and share a project’s impact on the environment with the public before approval.
A “yes” vote on Proposition 45 would help certain projects clear these hurdles faster.
Proposition 45 would designate housing, clean water, hospitals, roads, bridges, wildfire prevention, schools, clean energy, broadband, and other key infrastructure projects as “essential.” This designation would set a one-year limit for environmental reviews and a 270-day deadline for CEQA lawsuits against these projects.
“Time is money, and we’re not talking about environmental protection. All of that remains the same,” said John Myers, a spokesman for the California Chamber of Commerce, which is backing the proposal.
Myers pointed to a UC Berkeley project as an example, where residents in a college town filed an environmental lawsuit over noise. Although the lawsuit ultimately failed, Myers said it added nearly $90 million in extra costs to the project.
Opponents, including the Coalition for Clean Air, argue that the measure could weaken vital environmental protections.
“It would weaken vital protections for our air and water,” said Bill Magavern of the Coalition for Clean Air.
Magavern also raised concerns about the potential for controversial projects to bypass proper scrutiny.
“This puts arbitrary time clocks in that might not allow for people to know enough about what’s being put in their community, like a data center or a highway, before they have a chance to comment,” he said.
While data centers are not explicitly listed as “essential projects” under Proposition 45, the measure’s inclusion of broadband and internet projects has sparked concerns that data centers could be fast-tracked without adequate review.
“Yes, we do want to build more housing. We want to build more clean energy,” Magavern said. “What this measure would [do] is allow polluters like data centers [to] be rammed down the throats of our communities without the proper review and participation of community members.”
Supporters of Proposition 45 dismiss these concerns.
“It’s a scare tactic, it’s a diversion. There’s nothing in Prop 45 that talks about data centers, there is no logical inference. The opponents know that,” Myers said. “What the opponents don’t want to talk about is the status quo, and that status quo in this state is not working.”
Critics also argue that Proposition 45 would invalidate a new law signed by the governor that ensures data centers do not receive blanket special treatment under California’s environmental rules.
If Proposition 45 passes, the data center issue may ultimately be decided in court.
KCRA 3 Political Director Ashley Zavala reports in-depth coverage of top California politics and policy issues. She is also the host of “California Politics 360.” Get informed each Sunday at 8:30 a.m. on KCRA 3.