California’s Proposition 45 would shorten environmental reviews for projects classified as essential infrastructure. Environmental advocates and legal experts warn that its language could allow some data center developments to qualify, reducing opportunities for public scrutiny and challenges in court.
The measure would set a 365-day deadline for agencies to complete an environmental impact report and require legal challenges to be resolved within 270 days. Public comment would be limited to 45 days. It would also require consultation only with federally recognized Native American tribes, while current rules allow input from tribes that could be affected even if they are not federally recognized.
Under the proposal, developers would prepare one alternative plan for regulators to consider. Agencies would also have to specify at the start of an application what information they require, rather than repeatedly requesting additional details. If a court found that an agency had failed to comply with environmental review rules, it could pause only the problematic parts of a project, rather than stopping construction altogether.
Supporters say Prop 45 would help address California’s housing shortage and accelerate renewable energy projects to meet rising electricity demand. Opponents, including Earthjustice senior attorney Fernando Gaytan, say the measure’s definition of eligible broadband projects could be broad enough to cover data centers that include broadband transmission infrastructure.
The proposition lists broadband internet access among nine categories of projects eligible for streamlined review, but does not explicitly exclude data centers. UC Davis School of Law professor emeritus Richard Frank and attorney Matthew McKerley have argued that proposed facilities with broadband infrastructure could fit the definition. They also note that companies developing data centers have contributed to the campaign supporting the measure.
Supporters dispute that interpretation. Attorney and lobbyist Kurt Oneto wrote in The National Law Review that a data center’s role in supporting the internet would not, by itself, make it an essential broadband access project under Prop 45. The Yes on Prop 45 campaign did not immediately respond to a request for comment.
The California and Hawaii chapter of the NAACP supports the proposition. Its president, Rick Callender, said in a September 9 press release that the measure would help communities get essential projects built sooner while preserving civil rights and environmental protections. Critics, however, argue that faster reviews and narrower opportunities for public input could weaken the ability of nearby communities to influence projects that affect them.
Sources: The Verge.