Prop 45 – Oppose

Prop 45 – The Expedited Environmental Review Process for Certain Projects Initiative (OPPOSE)

Background

• Prop 45 would amend CEQA (the California Environmental Quality Act) and the Permit Streamlining Act to shorten the review process for a defined set of projects to speed up development for housing and infrastructure projects deemed “essential.” 
• More specifically, Prop 45 would tighten time limits for public agencies to complete CEQA and permitting review, make several changes to the CEQA review process, and limit how the courts can review challenges to eligible projects.

Why SBC is Opposing Prop 45

• Not all CEQA reform is bad, and some targeted streamlining for certain projects, such as wildfire risk reduction and housing, can reduce barriers for beneficial and time-sensitive projects. However, the changes that Prop 45 makes are sweeping, with few specifications about which types of projects would and would not be given streamlined review. There is real value to environmental review, and Prop 45 does not strike a balance in ensuring sufficient environmental guardrails remain in place. For example, the definition of an “essential” project includes a wide array of energy and transportation projects. Such a broad definition creates the possibility that projects like data centers, freeway expansions, and landfill gas facilities could be approved with only limited public input.
• Prop 45 would also require the agency and applicant to consult about the project only with California native tribes that have been formally recognized by the federal government. According to the LAO, current law requires consultation with a broader range of tribal entities, and this is a step backward from where the state should be going in ensuring all tribes and tribal entities have a voice in the CEQA process. 
• Prop 45 would require expedited review by local governments that already operate with limited financial resources and staff capacity. This change would push local governments to prioritize projects reviewed under the Prop 45 standard ahead of other projects, regardless of local priority, and could increase review and associated legal costs by tens of millions of dollars across the state. 
• If Prop 45 is enacted, it will make sweeping changes that are hard to reverse. The Legislature can only make amendments by a two-thirds vote and only to “further the purposes” of Prop 45. Given the breadth of the changes proposed in Prop 45, it should not constrain future opportunities to revise the law.

Implications for the Sierra

• In the Sierra, CEQA is a valuable safeguard to the region’s ecosystems, watersheds, wildlife, and landscapes and an important tool for rural and tribal communities to have a voice in what gets built in their communities. Prop 45 would make sweeping changes to CEQA without ensuring the right balance between fast-tracking critical projects and maintaining protections for Sierra communities and landscapes. It would also further tax the limited capacity of our small, under-resourced cities and counties.

Other Resources

• • No on Prop 45 website
  • LAO Report on Prop 45