California Prop 45 sets 365-day deadline for environmental reviews
The ballot measure cuts public comment to 45 days and limits court orders to pause specific project parts rather than halting construction entirely.
By Marco Kapoor ·
Proposition 45 would impose a 365-day limit on state environmental impact reports. The measure also caps legal challenges at 270 days and reduces the public comment window to 45 days. These changes aim to accelerate the approval of infrastructure projects in California.
The ballot initiative lists nine categories of eligible projects. These include housing, clean energy, and broadband internet access. Opponents argue that the broadband category creates an opening for data centers. They contend that facilities with data transmission capabilities could qualify under the broad definition of internet service.
Fernando Gaytan, a senior attorney at Earthjustice, warns that developers could force their projects into this definition. He stated, "The concern here is that data center developers will find a way to shoehorn their projects into the definition of an essential project and then get to take advantage of .. the fast-track review that it’ll create." Gaytan added that communities would be left out of the process.
UC Davis School of Law professor emeritus Richard Frank and attorney Matthew McKerley noted that companies developing data centers have donated hundreds of thousands of dollars to support the measure. The text of Prop 45 excludes nuclear energy and dial-up services but does not explicitly ban data centers. The proposal requires developers to provide a single alternative project plan, shifting the burden from state agencies to private entities.
The measure also restricts judicial oversight. Under current law, courts can halt a project entirely if regulators fail to follow the California Environmental Quality Act. Prop 45 would limit judges to pausing only specific problematic parts of a project. Gaytan described this as the most problematic aspect of the proposal, noting, "It’s hard to undo harms once you’ve already started a project."
Proponents maintain that the measure targets traditional infrastructure and not computing facilities. Kurt Oneto, an attorney and lobbyist, wrote that supporting the internet does not automatically make a data center an essential broadband project. The Yes on Prop 45 campaign did not immediately respond to requests for comment regarding the data center question.
The NAACP California/Hawaii chapter supports the measure. President Rick Callender said the proposal focuses on accountability and speed for essential projects. He stated, "Working families and communities of color pay the highest price when essential projects like housing, clean energy, water, health care facilities, and transportation take years longer and cost millions more than they should."
Voters in California will decide the fate of Prop 45 in the November election. If passed, state agencies must begin using the new deadlines for eligible projects immediately. The measure would also change how agencies interact with Native American tribes, requiring consultation only with federally recognized groups.
