What Proposition 45 Could Mean for CEQA in California

California Proposition 45—the Expedited Environmental Review Process for Certain Projects Initiative—is on the November 2026 ballot and could materially alter CEQA practice for a defined category of essential projects.

The practical effects:

This initiative has the potential to streamline infrastructure projects throughout California. It would accelerate the California Environmental Quality Act (CEQA)’s permitting process for qualifying housing, water, clean energy, healthcare, public safety, broadband, education, and transportation projects. Among other things, it would impose a 30-day deadline on agencies to determine whether an application for a project is complete, shift applicable deadlines from calendar days to business days, and require permit decisions to be issued concurrently with environmental review.

Additionally, an action aimed to attack, review, set aside, void, or annul an agency’s approval of a project shall be commenced within 30 days from the date the public agency files a notice of determination or notice of exemption. The action or proceeding shall be completed within 270 days, inclusive of original and appellate court proceedings. The court may, in its own discretion, extend this deadline up to an additional 90 days.

The initiative would also limit public comment periods for environmental impact reports (EIRs) for essential projects to 45 days. Any extension of the public comment period would require court approval. Proposition 45 would also establish an optional preliminary scoping process in which project applicants meet with the lead agency to discuss the project and potential impacts, after which the applicant may develop a single alternative for EIR consideration, as opposed to the current state law, which requires agencies to develop and evaluate several alternatives.

The takeaway for legal practitioners:

Prop. 45 should be on the radar of anyone handling CEQA, land use, development, environmental, or public agency matters. If approved, it could alter the strategic landscape for CEQA challenges by shortening agency response timelines, constraining alternatives and public participation, and imposing time limits on judicial review and remedies. Moreover, if enacted, it could significantly change the way projects are planned, analyzed by agencies, challenged, and litigated under CEQA.