Prop. 45 would put deadlines on environmental reviews, and the two sides disagree over whether data centers could use it

A measure on Tuesday's California ballot that is pitched as a way to speed up housing, water and energy projects has drawn a second argument: whether it could also open a fast lane for data centers.

Proposition 45 would amend the California Environmental Quality Act to speed up review of projects it treats as essential, among them housing, transportation, water, health facilities, wildfire mitigation, school buildings, internet access and clean energy, according to KQED's voter guide. It would cap those environmental reviews at 365 days and require courts to rule on CEQA lawsuits over them within 270 days.

The data center question

The measure does not list data centers. A CalMatters report published Friday lays out why some lawyers think they could qualify anyway.

Julia Stein, deputy director of the Emmett Institute on Climate Change and the Environment at UCLA School of Law, told CalMatters that the measure streamlines whole classes of projects plus work that is ancillary to them, and that telecommunications projects are named outright. "There's an argument that the development of data centers might be necessary for projects like that," she said.

The measure does carve out some projects. Supporters say it excludes Delta conveyance, nuclear power and high-speed rail, KQED reports, but data centers are not on that list. Matt McKerley, an attorney with Shute, Mihaly and Weinberger, told CalMatters a court would probably read that omission as intentional.

Opponents also argue the measure's clause superseding related laws would override Senate Bill 887, which made it harder to fast-track environmental review for data centers.

The industry disagrees. Khara Boender of the Data Center Coalition, which supports the measure, told CalMatters the group has concluded that data centers are not eligible for Prop. 45's streamlining. Backers also cite a memo from the Legislature's Office of Legislative Counsel saying the measure's definitions do not apply to data centers.

Nina Robertson of Earthjustice told CalMatters the unclear wording would set off lawsuits over local permitting power, with cities and counties paying to fight them. CalMatters counts at least 26 California cities and counties that have proposed or passed bans, moratoriums or strict limits on data centers.

Arguments and money

Supporters argue California's approval process for housing, water, clean energy, roads, schools, hospitals and wildfire work is too slow and costly, and say projects would still get environmental review and local governments could still approve or deny them.

Opponents argue the measure limits review of major projects and the public's chance to be heard, and say it was written by a business group and financed by utilities and corporate PACs, according to the ballot arguments KQED summarizes.

The California Chamber of Commerce, the California Republican Party and Assemblymember Buffy Wicks are among listed supporters. The California Democratic Party, the State Building and Construction Trades Council and environmental groups including California Environmental Voters are among opponents.

As of Oct. 28, the yes side had raised about $42.5 million and the no side about $32.8 million, according to KQED's tally of Secretary of State filings. CalMatters reports that warehouse and data center developer Prologis gave $500,000 to the yes campaign.

In Pleasanton, vote centers are open 7 a.m. to 8 p.m. on Election Day, Nov. 3, according to the Pleasanton Weekly.

Sources

pleasantonweekly.com

kqed.org

pleasantonweekly.com