Would CEQA changes apply to data centers under Prop. 45? Experts remain unsure
Environmental law experts are uncertain whether California's Proposition 45, a ballot initiative designed to streamline environmental reviews under the California Environmental Quality Act (CEQA), would apply to data centers. The measure aims to expedite reviews for "essential projects" but does not explicitly mention data centers, leading to ambiguity. If passed, it could significantly alter the permitting process for data centers statewide by setting strict deadlines for environmental impact report approvals and legal challenges.
Proposition 45, a California ballot initiative, seeks to modify the California Environmental Quality Act (CEQA) by expediting environmental reviews for specific "essential projects," including water systems, clean energy, health facilities, and transportation. However, environmental law experts, including Jennifer Harder from University of the Pacific’s McGeorge School of Law and Dave Owen from University of California Law, San Francisco, express uncertainty regarding whether data centers would fall under the scope of this measure. The proposition does not explicitly mention data centers, leading to concerns about its ambiguous language.
If enacted, Prop. 45 would impose strict deadlines on government agencies to approve or reject environmental impact reports (365 business days) and resolve legal challenges (270 days). Professor Harder notes that the measure would shift significant discretion to project applicants, potentially making environmental permitting requirements less stringent. She also highlights the unpredictability of ballot initiatives due to their bypass of the standard legislative amendment process.
Professor Owen echoes concerns about the ambiguity, suggesting that "broadband internet access," a listed "essential project" category, might be leveraged by data center proponents to include their projects. Ryan Thomason, an attorney specializing in land use permitting, believes data centers would not be included but warns that streamlining CEQA for complex projects could lead to less thorough environmental reviews overall. The consensus among experts is that the long-term implications and precise application of Prop. 45, particularly concerning data centers, remain unclear.