Prop 45

Important Information on Proposition 45 – The Building an Affordable California Act (BACA)

The Building an Affordable California Act, which AEP shared with members in early 2026 while it was circulating as a proposed ballot initiative, has qualified for the November 3, 2026 statewide ballot as Proposition 45: Modifies Environmental Review for Certain Projects.

Proposition 45 would establish a new environmental review, permitting, and judicial review process for projects it defines as “essential.” Eligible project applicants could elect to use this new process, and once invoked, its requirements and timelines would apply to the reviewing agencies. Among other changes, the measure would establish more binding timelines for environmental review, permitting, and court challenges; limit public-comment periods; narrow tribal consultation requirements; allow an applicant to develop a single project alternative for review; and limit the scope of judicial review and remedies in CEQA cases.

If approved by voters, Proposition 45 would represent a significant change to CEQA practice, with implications for environmental analysis, public and tribal participation, agency procedures and resources, local decision-making, and judicial review. Because eligible applicants could elect to invoke these new procedures, agencies and practitioners would need to understand when they apply and how their requirements would affect the review process.

We encourage members to review the measure and the nonpartisan analysis in the Official Voter Information Guide and consider how the proposed changes could affect their work and the communities they serve.

AEP will continue to provide members with information and opportunities to learn about Proposition 45 in the months leading up to the election. This page will be updated with additional resources, educational programs, and opportunities to hear and consider different perspectives on the measure.

Additional Information:


AEP 2026 Symposium Presentation - The Building an Affordable California Act: https://zoom.us/clips/share/J9xcrHfDTECw_LLascpHPg

And even more information:
Rich Walter: Proposition 45 – Streamlining CEQA or Rewriting it?
Calmatters site on Prop. 45 (Summarized simple Pros and Cons) - CA voter guide: Prop. 45 on speeding environmental reviews
Ballotpedia site on Prop. 45 California Proposition 45, Changes to Environmental Review Process for Certain Projects Initiative (2026) - Ballotpedia
Eric Biber (UC Berkeley Law):

Advocacy Sites:
The Chamber of Commerce’s Website (Pro Prop. 45) - YES on Prop 45
The No on Prop 45 Website (Anti-Prop. 45) - Diverse Coalition Rallies at State Capitol to Oppose Prop 45, the Corporate Polluting Projects Prop