Claim “defenders of the unaffordable status quo are resorting to scare tactics to distract from the costly delays driving up California’s cost of living”
By Yes on 45
Sacramento, CA — A new ad from the No on 45 campaign are intentionally misrepresenting Proposition 45, relying on blatant lies that are easily refuted by the plain language of the ballot measure.
Prop 45 streamlines approvals for eight defined categories of essential projects Californians need to lower costs and improve our quality of life: housing, water infrastructure, clean energy, transportation, hospitals and health care facilities, schools, broadband, and wildfire prevention.
Data centers, warehouses, and other heavy industrial projects are not included in any of the measure’s eight essential project categories. Yet the No on 45 campaign is attempting to deceive voters into believing they are. Here are the facts:
- Data Centers are NOT Included in Prop 45: There isn’t a single reference to data centers in the proposed ballot measure nor the Legislative Analyst’s Office analysis. Opponents instead try to shoehorn them into the measure’s definition of “essential broadband Internet access projects” as evidence, but that language is borrowed almost verbatim from existing California law defines broadband Internet access as a “mass-market retail service” provided to customers. (Gov. Code § 53167(a)) Simply put, broadband Internet access is a service provided to customers, not a facility that merely uses or relies on the Internet. The fact that a data center — or any other facility — uses Internet access doesn’t make it a broadband Internet access provider any more than a hospital becomes an electric utility because it uses the power grid.
Rachelle Chong, a former Commissioner of both the Federal Communications Commission and the California Public Utilities Commission, reviewed the measure and concluded unequivocally that “Proposition 45 does not cover a conventional data center merely because the data center is connected to, uses, stores information from, or helps support the Internet. That distinction is both technologically sensible and consistent with the language regulators have used for broadband Internet access for more than fifteen years.”
Her conclusion is shared by the Data Center Coalition, the industry’s own trade group, and by other outside experts who have reviewed the measure and definitively concluded data centers are not included.
- “Industrial Warehouses” are NOT included in Prop 45: No on 45’s claims about industrial development are just as misleading. Industrial warehouses are not among Prop 45’s eight categories of essential projects, and the measure expressly excludes heavy industrial, extractive, port, refinery and hazardous-materials uses. Section 21028(y)(2) of Prop 45 clearly states: “nonresidential uses shall not include any heavy industrial, extractive, port, refinery, or hazardous materials uses or designations.”
“Prop 45 opponents are lying to voters, plain and simple,” said Amelia Matier of the Yes on 45 campaign. “They know Californians are fed up with an unaffordable status quo that makes it too slow and too expensive to build the basics, driving up our cost of living. Instead of defending years of costly delays, they’re resorting to scare tactics about projects that aren’t even included in Prop 45. The measure is right there in black and white: Prop 45 streamlines essential projects like housing, water, clean energy, hospitals, schools and wildfire prevention so we can build faster, lower costs and improve our quality of life.”
Prop 45 streamlines approvals for housing, water infrastructure, clean energy, transportation, hospitals and health care facilities, schools, broadband, and wildfire prevention. It sets clear, enforceable timelines and greater accountability so California can build faster and more affordably while maintaining strong environmental, labor, and tribal cultural resource protections and preserving local decision-making.
California’s affordability crisis is tied directly to how long and how much it costs to build essential projects. Years of unnecessary delays drive up the cost of housing, energy, water, transportation and other essentials, costs ultimately passed on to families, ratepayers and taxpayers. Experts estimate Prop 45 could cut costly delays by 2 to 10+ years, lowering costs, getting critical projects built sooner, and improving quality of life for Californians.
BACKGROUND: Prop 45, the Building an Affordable California Act, modernizes California’s project approval and permitting process for essential projects — including housing, water infrastructure, clean energy, transportation infrastructure, hospitals and health care facilities, schools, broadband, and wildfire prevention projects — by establishing clear timelines, improving accountability, and reducing unnecessary delays, while preserving strong environmental, labor, and tribal cultural resource protections. Prop 45 is supported by a broad and growing coalition of 160+ organizations, including affordable housing advocates, civil rights leaders, clean energy builders, water providers, agricultural groups, and business organizations statewide. Learn more at YESonProp45.com
See videos about Prop 45 by the League of Women Voters of Marin and Sonoma Counties and about CEQA by the Association of Corporate Counsel, San Diego.
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