Opinion: Data centers want a loophole. Voters should reject Proposition 45.

September 30, 2026 at 6:00 AM PDT

It can feel like our country is completely divided. That is true on many issues, but data centers are not one of them. Remarkably, this has become an 80/20 issue. This summer, the Public Policy Institute of California found that 77% of likely state voters oppose building a data center in their area. Nationally, from New York to Texas, leaders in both parties are moving to rein these facilities in.

The unpopularity of data centers and the distrust of Big Tech are exactly why powerful interests are looking for loopholes that bypass local opposition. Proposition 45 is one of them.

Proposition 45 makes it easier to build a long list of projects throughout California with less public oversight, and its definition of “broadband” projects is written broadly enough that data center developers can argue they qualify. Its backers insist data centers aren’t covered. Yet they wrote explicit exclusions for other controversial projects, like the Delta tunnel and high-speed rail, and chose not to do the same for data centers.

Do we really think we can take Big Tech at their word? I don’t.

Worried about where data centers might show up next in San Diego? If a developer can claim Proposition 45’s fast track, the City Council and the public will have less ability to address concerns like water and energy use and noise impacts, with shorter comment periods, fewer alternatives considered and narrower review in court.

And the list doesn’t stop at data centers. Proposition 45 would apply these same rules to freeway expansions, large-scale sprawl developments in wildfire and flood zones, warehouses built near homes and more, leaving regular San Diegans vulnerable to more pollution and the health impacts and costs that come with it.

These changes would be troubling at any time, but they are especially so right now as the federal government has been aggressively rolling back protections for clean air, clean water and more. California should be strengthening its environmental safeguards in response, not weakening them.

The costs to taxpayers associated with Proposition 45 are enormous. The nonpartisan Legislative Analyst’s Office estimates simply implementing Proposition 45 could cost taxpayers $100 million or more per year. This number doesn’t even touch the additional cleanup costs that will inevitably fall on taxpayers when polluting industries expand their reach and sprawl housing gets built in areas at high risk of flooding and wildfire.

Public cleanup and disaster response costs can range from millions, like we saw after the 2018 Lilac Fire, to approaching $1 billion (and counting) when taxpayers were left to cover the cleanup of widespread contamination caused by the now-defunct Exide battery recycling facility in Los Angeles County. If Proposition 45 passes, we are likely to see more of these types of disasters and taxpayer impacts.

Unchecked industrial projects harm us all and hit families who are already overburdened by pollution the hardest. The environmental review process that Proposition 45 would short-circuit is often the only chance for these communities to secure essential protections from project developers against air pollution, toxic runoff and the resulting health impacts.

Despite the campaign slogans from proponents of Proposition 45, there is nothing in this measure that will guarantee reduced rents, mortgages, utility bills or other household costs for regular people. It’s a cynical play: asking people to vote for affordability when the actual plan is to give them more data centers, more pollution and higher costs.

You don’t have to take my word for it. Just look at who is funding Proposition 45: Data center developers, the oil and gas industry and other big corporations are spending tens of millions of dollars to push this measure over the finish line.

Just as importantly, consider Proposition 45’s opponents: the League of Women Voters, American Lung Association, Middle Class Taxpayers Association, California Professional Firefighters and 400 organizations standing together against this deceptive and harmful measure.

Data centers may be the rare issue that unites us during this tumultuous time. Let’s keep it that way. Join us, and vote no on Proposition 45.

Elo-Rivera has been a member of the San Diego City Council since 2020 representing District 9.