Key takeaways
- Proposition 45 would establish new CEQA procedures for qualifying projects, a broad range spanning housing, transportation, water, clean energy, public health, public safety, broadband and education
- The measure focuses on speed and predictability, establishing tighter environmental review timelines, providing an optional alternatives analysis, narrowing the scope of the administrative record and accelerating judicial proceedings
- Some provisions could raise important implementation questions, particularly around project eligibility, the meaning of “objective existing laws” and how the new process would interact with existing environmental and permitting requirements
How would Proposition 45 change CEQA?
Proposition 45, the Building an Affordable California Act, is a statewide initiative on California’s November 3, 2026 ballot. The measure would amend CEQA, the state’s landmark environmental law, by establishing new environmental review and judicial procedures that applicants could elect to use for qualifying projects.
The measure defines these as “essential projects” across eight categories: housing, water, clean energy, public health, public safety, broadband, education and transportation. Ancillary infrastructure required to serve an essential project may also qualify. Certain projects are specifically excluded, including California High-Speed Rail, the Delta Conveyance Project, detention facilities and new oil or natural gas production facilities.
For qualifying projects using the new procedures, key provisions include:
Review timelines: Agencies would generally have 30 days to determine whether an application is complete and another 30 days to determine the type of environmental review required. Environmental impact reports (EIRs) would have a 365-day maximum timeline, while Negative Declarations and Mitigated Negative Declarations would have a 180-day maximum. Extensions would require a written request from the applicant.
Alternatives analysis: Applicants that elect a preliminary scoping process could use a streamlined approach in which the EIR evaluates the proposed project, one applicant-developed alternative and the No Project alternative.
Applicable standards: Environmental evaluation, significance determinations and mitigation would be based on “existing laws” in effect when an application is submitted, subject to specified provisions and exceptions.
Judicial review: The measure would establish a 30-day period for filing a challenge and a 270-day timeframe for resolving litigation, including appeals. It would also change the standards courts apply and limit certain remedies when deficiencies are identified.
Key questions about Proposition 45 details may not be answered until implementation
Although Proposition 45 provides detailed procedures for essential projects, some provisions may require further interpretation as agencies begin applying them.
What qualifies as an essential project?
Proposition 45 defines eligible project categories and identifies specific exclusions, but applying those definitions may be less straightforward for projects with multiple uses or associated infrastructure. Determinations will depend on how individual projects fit the measure’s eligibility criteria.
How will “objective existing laws” apply to environmental analysis?
Proposition 45 would generally require agencies to evaluate environmental impacts based on laws and standards in effect when a project application is submitted. However, current CEQA analysis often relies on significance thresholds informed by agency guidance, scientific evidence and professional judgment that may not be formally adopted legal requirements. How those thresholds would be treated under Proposition 45, including whether they meet its standard for “objective existing laws” in a legal challenge, may require further interpretation.
How will Proposition 45 interact with other environmental requirements?
Proposition 45 states that its provisions would control and supersede any conflicting requirements for environmental or permit review of an essential project. How that language applies alongside other state environmental and permitting requirements may be clarified through implementation and future court decisions.
How project teams can prepare for potential CEQA changes
If approved, Proposition 45 would take effect the day after election results are certified. For project developers, agencies and environmental practitioners, early implementation will provide more information about how eligibility determinations, environmental standards, review schedules and judicial provisions operate in practice.
For teams with California projects in the pipeline, now is the time to assess potential eligibility and review environmental data readiness ahead of the November 3, 2026 vote. Project teams can:
- Assess potential eligibility. Review whether planned projects meet Proposition 45’s definitions and exclusions for essential projects.
- Evaluate environmental data readiness. Identify gaps in baseline studies, including biological, air quality, noise and cultural resource assessments, that could affect review schedules.
- Plan for early scoping and documentation. Consider how environmental planning and natural resource management can support the identification of environmental issues, evaluation of alternatives and development of supporting documentation within the proposed timelines.
These steps can support informed project planning regardless of the election outcome and help teams evaluate their options if the measure is approved.
Whether you’re evaluating eligibility, planning technical studies, or preparing for either outcome in November, our environmental planning and permitting specialists can help.
