Opinion: Prop. 45 will gut public review for data centers and other big projects

Oct. 3, 2026, 10:00 a.m.

When ballots land in voters’ mailboxes in the coming week, they will be asked to make sense of a 41-page ballot initiative that would dismantle key environmental safeguards for a wide range of polluting projects.

Proposition 45 was placed on the ballot by the California Chamber of Commerce and is supported by a wide range of special interests — big corporations that want to make it easier for themselves to build CO₂ and methane gas pipelines, landfill gas facilities and industrial warehouses next to homes with less public oversight.

The stakes could not be higher in this era of extreme federal rollbacks. While California voters consider Prop. 45’s assault on state protections, the Trump Administration is busy undercutting everything from federal clean water and clean air laws to the Coastal Zone Management Act that protects California’s coastlines.

One type of development covered by Prop. 45 is worth some extra attention. Like Americans in communities across the country, San Diegans have a lot of questions about data centers. But as was recently reported by the Associated Press, the Trump Administration’s EPA is taking steps to “make it harder for the public to learn about and comment on proposed AI data centers.” The new rule would eliminate federal requirements to notify the public about such proposals, meaning state laws may soon be the only tool we have to know when and where these projects are being planned.

California currently has some of the strongest environmental protection laws in the country — laws that play a critical role in keeping our air, water and land free of excess pollution. But if Prop. 45 passes, those protections will be severely weakened, making it harder for our local governments to require data center developers to take steps to limit impacts on water, electricity rates, and even the location of these large development projects.

It’s no wonder data center developers are pouring money into the campaign to pass Prop. 45. They are joined by other heavy industrial interests, including for-profit utilities and oil and gas companies, spending tens of millions to pass this deceptive ballot measure.

Polluting industries have a lot to gain if Prop. 45 passes — and taxpayers have a lot to lose. This measure doesn’t actually cut costs; instead, it shifts them from project developers to the public and the agencies our taxes fund. The nonpartisan Legislative Analyst’s Office estimates that simply implementing the measure could cost more than $100 million annually.

If Prop. 45 passes, a long list of risky projects will be rushed through the approval process across the state. When industry is allowed to build with less oversight, the impacts of those projects don’t go away; instead, communities are left to absorb them. Take the example of the Exide battery recycling factory in LA County. We have already poured more than $750 million in state tax dollars to address widespread lead contamination in the frontline community of Vernon to address Exide’s toxic legacy, and the remediation process is still underway.

Prop. 45 prizes speed above clean air, clean water and public health. For communities that are already overburdened by poor air quality, toxic runoff, and contaminated soils, California’s landmark environmental review process — CEQA — is often their only tool to protect them from even more pollution. The measure would gut this law, leaving communities with fewer opportunities to lessen serious project impacts.

San Diegans understand what’s at stake when we build sprawl housing in high-wildfire risk areas. We know that freeway expansions come with real impacts on air quality and our resilience to the extremes of climate change. Both of these project types are fast-tracked under Prop. 45.

It’s important to note that the kind of housing San Diego needs to address the affordability crisis would not be touched by Prop. 45. That’s because the California Legislature already passed Assembly Bill 130 in 2025, streamlining the construction of most urban housing, which is more climate-resilient, and often more affordable, by design. The Legislature has also passed a number of laws to streamline the approval of utility-scale solar, wind, geothermal and other clean energy projects.

These recent changes to state environmental laws are worth noting. The Legislature — not the ballot box — is the right place to address these types of complex issues, ensuring we keep the balance between essential economic development and protecting public health and our natural resources.

San Diego voters should not trade away our good health, clean air, clean water and pristine coastlines so that special interests can reap more profits. Join the Coalition for Clean Air, American Lung Association, and League of Women Voters — along with nearly 350 other organizations around California – and vote “no” on Prop. 45 this November.

Pam Heatherington is on the board of directors of the Environmental Center of San Diego.