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Proponents of an environmental permitting reform ballot measure say state attorneys have cleared Proposition 45 of its association with data centers.
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On Tuesday, from the Office of Legislative Counsel, whose attorneys advise state lawmakers, which found a statutory definition used by the measure does not apply to the politically unpopular computing centers.
The Yes on Proposition 45 campaign upheld the legal memo as a rebuke from the nonpartisan, government attorneys against their opponents’ claims that data centers were included in Prop. 45. On Tuesday, the same day the campaign published the legal opinion, their attorney cited it in a letter demanding television stations cease airing ads in which the No on Proposition 45 campaign warns the measure would allow data centers into California communities.
Data centers have grown controversial as voters nationwide worry about their effects on water, land and energy use and push back on the rapid advance of artificial intelligence. The No campaign’s argument that the facilities’ construction might be smoothed by Prop. 45 has generated considerable and at times heated debate between the two sides.
“Opponents are doing everything they can to distract voters from the merits of Prop. 45 and a failing status quo they cannot defend, even if it means misleading Californians about what the measure actually does,” said California Chamber of Commerce President Jennifer Barrera, one of the measure’s leading backers, in a statement.
The No on Proposition 45 campaign, however, was quick to reject the memo as definitive, and it appeared unlikely to slow that line of attack in the final two weeks before the November elections.
“The proponents got caught trying to jam data center loopholes down our throats, so now they’re panicking and doing whatever they can to try and make this issue go away,” said No campaign spokesperson Woody Little in a statement. “It’s not going anywhere, because it matters to voters and we have the facts on our side.”
Prop. 45 creates deadlines for state agencies and courts to approve or deny permit applications under the California Environmental Quality Act, for eight categories of projects the measure’s architects deemed essential to building more housing, civic infrastructure and clean energy projects.
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The No campaign argues that Prop. 45 is written in a way that data centers could take advantage of those new rules under the category designated for “essential broadband internet access projects.” The Yes campaign says that category is for projects to increase internet access throughout the state, including in rural areas that struggle with connectivity.
The legislative attorneys did not examine the measure directly and their opinion does not mention Prop. 45. Instead, they reviewed existing state statutes that include a definition of broadband internet access service. That definition, which Prop. 45 largely copied with some diversions in language, would not cover a data center, the attorneys concluded.
Only lawmakers and their staff can request an opinion from the Office of Legislative Counsel. The legal opinion posted online has the lawmaker’s name who asked for it, and presumably shared it with the Yes campaign, redacted.
“The requesting legislator asked to remain confidential, and we’re respecting that request,” said Amelia Matier, a spokesperson for the Yes campaign, in a statement to The Sacramento Bee. “The Office of Legislative Counsel routinely provides confidential legal advice to members of the Legislature, and this opinion confirms that Proposition 45 does not include data centers.”
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The No campaign accused measure proponents of misusing the state office.
“When you ask a question the way you want, you get the answer you want,” Little said in a statement. “Let’s be clear: This document is not an analysis of Prop 45 at all. It’s an analysis of separate rules in existing law and Prop. 45’s language has key differences. The Yes campaign’s misuse of this opinion is not only irregular, it’s dishonest.”
Opponents have also argued that if the drafters of Prop. 45 wanted to rule data centers out, they would have specifically excluded them, the way the measure does for some controversial existing proposals such as the California high speed rail project or the Delta Conveyance Project. Little argued it’s impossible to know from the published legal opinion what state attorneys might have concluded, had they examined Prop. 45 in its entirety.
“What we’re taking issue with is the Prop. 45 campaign touting this as a statement on Prop. 45, and it’s not,” Little said. “The role of Legislative Counsel is to provide expert opinions to members about state law that’s been passed by the Legislature or is under consideration by the Legislature. Prop. 45 was not put on the ballot by the Legislature.”
The Office of Legislative Counsel did not respond to a request for further information on its legal opinion submitted by The Bee on Tuesday morning.
The Yes campaign has strenuously sought to disprove ties between Prop. 45 and data centers. Earlier this month Kurt Oneto, a Sacramento attorney who is the measure’s official proponent, wrote in a column for the National Law Review that if the measure passed and data center companies tried to build the facilities using the new law, he would argue in court they weren’t included.
Oneto on Tuesday authored the letter to broadcast stations telling them to stop airing ads about data centers and Prop. 45.
“The conclusion that Proposition 45 does not apply to data centers is further compelled and confirmed by a recent opinion of the Office of the Legislative Counsel,” Oneto wrote.
The Legislative Counsel’s opinion would be binding on the ballot measure were it to become law, he argued.
“Because these provisions touch upon the same subject—the definition of broadband Internet—the rules of statutory construction require them to be interpreted in the same manner,” he wrote. “This is not just a preference, it is a mandatory rule of statutory interpretation.”
Television stations enjoy considerable legal protections when it comes to the ads they air, and political campaigns often issue such cease-and-desist letters during election cycles without effect.
This story was originally published October 20, 2026 at 5:47 PM with the headline “Legislative attorneys say definition used by Prop. 45 likely excludes data centers.”
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