ICYMI: New Legislative Counsel Opinion Reinforces Legal Conclusion That Prop 45 Does Not Cover Data Centers
October 20, 2026
California’s nonpartisan Legislative Counsel confirms that the existing statutory definition of broadband internet access – the same definition used in Prop 45 – excludes data centers
Sacramento, CA — A new legal opinion from California’s nonpartisan Office of Legislative Counsel further undermines opponents’ claims that Proposition 45 would streamline data centers.
Legislative Counsel confirmed that data centers are not included in the definition of “broadband internet access service” under Government Code Section 53167—the same provision from which Prop 45 copies its broadband definition. Under established California rules of statutory interpretation, identical language addressing the same subject matter should be interpreted consistently, reinforcing the legal conclusion that data centers are not eligible for streamlined approvals under Prop 45.
Legislative Counsel’s conclusion is explicit: “It is our opinion that…the definition of ‘broadband internet access service’ in section 53167, subdivision (a) does not include a data center.”
“Opponents are doing everything they can to distract voters from the merits of Prop 45 and a failing status quo they cannot defend, even if it means misleading Californians about what the measure actually does,” said Jennifer Barrera, president and CEO of the California Chamber of Commerce. “The truth is simple: Prop 45 will help California build the housing, clean energy, water infrastructure, hospitals, schools, and wildfire prevention projects families desperately need, faster and at a lower cost.”
California courts have repeatedly recognized that Legislative Counsel opinions are “entitled to great weight” when interpreting state law (North Hollywood Project Area Committee v. City of Los Angeles, 1998). The California Supreme Court has also affirmed that “identical language appearing in separate provisions dealing with the same subject matter should be accorded the same interpretation”(Kaanaana v. Barrett Business Services, 2021).
The opinion is consistent with a growing body of legal and industry analysis concluding that data centers are not eligible for streamlining under Proposition 45, including:
- Proposition 45’s official proponent, Kurt Oneto, wrote a detailed legal analysis in The National Law Review explaining why data centers are excluded from the measure. As Prop 45’s official proponent, Oneto has a legally recognized role in defending the measure in court and has publicly committed to defending this interpretation in post-election litigation (Perry v. Brown; Building Industry Assn. v. City of Camarillo).
- Former Federal Communications Commission and California Public Utilities Commission Commissioner Rachelle Chongreached the same conclusion in an analysis published by the Daily Journal.
- The data center industry’s own trade association, the Data Center Coalition, reviewed Proposition 45 and “concluded that data centers are not eligible for Prop. 45’s streamlining, nor are they a covered entity under any part of the measure.”
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.
The Wall Street Journal, along with 26 California newspapers, including the Bay Area News Group’s East Bay Times and Mercury News, Sacramento Bee and San Diego Union-Tribune, have endorsed Prop 45 – arguing that 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: YESonProp45.com