Legal Memo Limits Scope of Proposition 45
The state's legislative counsel determined that data centers do not fall under the broadband definitions in the ballot measure.
Updated on Oct. 21, 2026 in Data Centers
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The California Office of Legislative Counsel issued a legal memo clarifying that current state statutory definitions for broadband internet access do not include data centers. Proponents of Proposition 45 are now using this memo to demand that television stations halt advertisements claiming the measure would facilitate data center construction.
Why it matters
The dispute centers on whether Proposition 45's streamlined permitting process for broadband infrastructure could be exploited to fast-track data center projects. Clarifying this legal definition is essential for voters as they assess the scope of the infrastructure changes proposed in the November ballot initiative.
Proposition 45 establishes permit deadlines for 8 distinct project categories, including essential broadband internet access. The legal memo concludes these existing broadband definitions do not extend to data center facilities.
The players
Office of Legislative Counsel
A non-partisan state agency that provides legal advice and drafting services exclusively to members of the California Legislature.
Yes on Proposition 45 campaign
The organized political group promoting the passage of the November ballot measure.
No on Proposition 45 campaign
The organized political group opposing the ballot measure, which has characterized the proposal as enabling data center construction.
The details
The Office of Legislative Counsel reviewed existing state statutes governing broadband internet access service to determine if they encompass data storage facilities. By establishing that data centers fall outside these definitions, proponents aim to decouple the measure's project permitting process from commercial data infrastructure. The campaign is currently using this legal interpretation to issue cease-and-desist letters to broadcast stations currently running advertisements that link the two.
Timeline
Tuesday, October 20, 2026: The Proposition 45 campaign released the legal memo and initiated legal action against broadcasters.
November 2026: The state election for Proposition 45 is scheduled to occur.
The Tech Race
The debate reflects broader tensions in California over the rapid expansion of digital infrastructure and local control over land use. The legal memo serves as a tactical move to redefine the scope of Proposition 45 before the November vote.
California voters will decide on the ballot measure during the November 2026 election. The legal clarification may influence the content of future campaign advertisements seen by the public before polling closes.
The takeaway
The legal memo provides a concrete interpretation of existing statutes regarding broadband, though its binding status depends on the measure's potential passage. Voters should track whether stations adjust their advertising airtime ahead of the election in response to the campaign's legal threats.
Further reading
For broader context on current infrastructure debates, see our coverage of Data Centers.
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