Key facts
- Proposition 45 would impose deadlines on environmental reviews and court challenges for housing and infrastructure projects in California.
- Supporters argue the measure will help California build needed homes and infrastructure by creating a more predictable decision process.
- Opponents warn that Proposition 45 would weaken environmental safeguards by restricting timelines for analysis, public participation, and enforcement.
- Agencies would generally have 365 business days to complete a full environmental impact report, with shorter deadlines for other reviews.
- Court challenges would face a 270-day resolution timeline under the proposal.
- A study examined 498 CEQA appellate decisions from 2013-2023, finding housing was the largest project category at 26% of appeals.
California voters will decide on November 3 whether to approve Proposition 45, a ballot measure that would overhaul the state's environmental review and litigation processes for housing and infrastructure projects. The proposal aims to shorten the time and reduce the costs associated with the California Environmental Quality Act (CEQA), which opponents argue has been used to significantly delay or halt new developments.
Supporters, including land-use attorney Jennifer Hernandez, contend that the current system is too slow and contributes to the state's housing affordability crisis. Proposition 45 would establish deadlines for agencies to complete environmental impact reports (generally 365 business days) and for courts to resolve related litigation (270 days). Hernandez stated that the measure would limit the time bureaucrats and courts can take, and that courts could not stop or rescind an approval unless there was a health problem.
Opponents, however, argue that the measure would weaken environmental safeguards by restricting timelines for analysis, public participation, and enforcement. They contend that recent legislative changes have already addressed many of CEQA's housing-related issues. The Legislative Analyst's Office noted that agencies would assess impacts using existing laws and standards, and applicants would only need to develop one project alternative, a change from the current requirement of multiple alternatives.
A study by Hernandez and co-authors examined 498 CEQA appellate decisions from 2013 to 2023, finding that housing constituted 26% of appeals and that agencies won 75% of these cases. However, the study's period predates recent housing reforms, leading critics to question its relevance to current conditions. Early voting began on October 5.