Data centers not included under CEQA reform proposal, officials assert
Proposition 45, a California ballot measure, proposes to streamline the environmental review process for building projects under CEQA. While its supporters claim data centers are not covered, opponents argue they would be included under "broadband internet access projects," raising concerns about reduced environmental oversight for data centers. The measure faces significant opposition from environmental groups and labor unions.
Proposition 45, a California ballot measure, seeks to reform the California Environmental Quality Act (CEQA) by establishing stricter deadlines for environmental impact report approvals and legal challenges against building projects. Supporters, including the California Chamber of Commerce and utility companies, argue it would enhance efficiency, predictability, and reduce costs for essential public infrastructure. Attorney Michael Conneran stated that Prop. 45 would empower cities and counties to deliver infrastructure more efficiently.
However, a significant debate has emerged regarding its application to data centers, which are not explicitly mentioned. The Data Center Coalition's western government affairs director, Khara Boender, asserts that data centers are not eligible for Prop. 45's streamlining. Conversely, attorney Matthew McKerley, representing the opposition, argues that data centers would fall under the measure's "broadband internet access project" category, which includes projects "incidental to" or that "enable" retail internet services. McKerley emphasizes that corporate data center builders are contributing financially to the Prop. 45 campaign, implying their inclusion.
Environmental groups, the Democratic Party of California, and labor unions, such as the State Building and Construction Trades Council, oppose the measure. They contend it would weaken environmental safeguards for large-scale construction. Sylvia Arredondo of Communities for a Better Environment specifically highlighted that Prop. 45 would remove a vital tool for frontline communities to demand review before new polluting projects, like data centers, are approved, particularly in industrial and working-class neighborhoods. While polls indicate public support for CEQA reforms, a higher percentage of Californians oppose data center construction in their areas.