Legislative attorneys say definition used by Prop. 45 likely excludes data centers
California’s Office of Legislative Counsel concluded that the broadband-facilities definition used in Proposition 45 likely does not include data centers. Supporters cite the opinion to counter opposition claims that the measure could streamline data center permitting, while opponents argue the opinion did not directly analyze Proposition 45 and is not definitive.
The Yes on Proposition 45 campaign released a memo from California’s Office of Legislative Counsel concluding that an existing statutory definition of broadband internet access service, which the ballot measure largely incorporates, would not cover data centers. Campaign attorney Kurt Oneto cited the opinion in a letter urging television stations to stop airing ads claiming Proposition 45 would ease data center construction.
The No campaign rejected the interpretation, saying legislative attorneys reviewed separate existing statutes rather than Proposition 45 itself. Opponents maintain that the measure’s language could allow data centers to qualify as essential broadband projects and accuse supporters of misusing a confidential legislative opinion. Proposition 45 would impose deadlines on state agencies and courts for decisions on permits for specified categories of projects under the California Environmental Quality Act.