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Proposition 45 would create streamlined procedures for a range of construction projects, from transportation and water infrastructure to green energy development, to receive approval under the California Environmental Quality Act, the state’s signature land use law.
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The measure is pushed by business, construction and affordable housing advocacy groups who say the state’s burdensome regulations and the lawsuits that often dog development projects are causing California to fall behind in building essential infrastructure. A large coalition of environmental groups, joined by some labor unions and the California Democratic Party, oppose the measure, saying that Proposition 45 would lead to less local control over building projects and more environmental degradation.
What supporters say about Prop. 45
Its backers and architects say Proposition 45 will streamline CEQA review for certain building projects by imposing deadlines on agencies and courts. The proposition would put a 365 business-day clock on government agencies to approve or reject a project’s environmental impact report. And on the courts, it would impose a 270-day deadline to resolve any legal challenges brought by project opponents.
The measure is designed not to eliminate environmental protections but to counter the bureaucratic delays and lengthy lawsuits that slow development projects in the state and drive up construction costs to often prohibitive levels, backers say. The Yes campaign’s website argues CEQA contributes to the state’s cost-of-living challenges by driving up mortgage rates, rents and sucking up tax dollars.
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The new rules would apply to eight categories of building projects — housing and public health developments (such as hospitals); clean energy; water infrastructure; schools including higher education facilities; public safety projects, including wildfire mitigation work like creating forest fuel breaks and conducting vegetation management; transportation; and broadband and digital access.
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Proposition 45’s backers say it does not include data centers. The ballot measure’s opponents have argued the language around broadband facilities is broad enough to include the controversial facilities. But proponents accuse them of falsely tying the measure to the politically-loaded facilities that are at the heart of a national debate around the rapid growth of artificial intelligence.
What opponents say about Prop. 45
The measure’s opponents accuse those funding the proposition — which includes the billionaire-backed political action committee Building a Better California — of trying to rewrite environmental regulations to favor corporations over community groups and anyone else who might worry about what’s being built in their area, under the garb of affordability
Though its proponents say NIMBY groups have used courts to purposefully delay projects into unfeasibility, the groups rallying against Prop. 45 say its adoption would now tilt the legal scales too far in favor of developers, perhaps particularly through restrictions on what evidence California judges can review in such lawsuits. Under the measure, judges would be required to examine whether an agency’s project approval was supported by substantial evidence, but wouldn’t be able to take competing environmental studies drawn up by the opposition into account.
On the No campaign’s website, opponents argue that while described as a measure to lower the cost of living for all Californians, Prop. 45 doesn’t actually require the construction of affordable housing or the lowering of utility bills. But they say it could lead to increased taxpayer spending on future environmental cleanups.
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