Public lands: City of Oakland: Port of Oakland: uses of after-acquired lands.

Header changed from Senate Bill passage tracking format to 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' with Chapter 578 designation

Page numbering changed from bill number 94 to chapter reference 93, and page headers changed from 'SB 304' to 'Ch. 578'

Governor's approval date (October 10, 2025) and signature added in place of the previously blank approval block

Legislative counsel's digest and all statutory sections reformatted with different line wrapping and indentation; no content changes

The amendment to Section 6701 of the Public Resources Code was removed entirely. That provision had clarified that amendments, modifications, or revocations of tide or submerged land grants would not impair third-party rights (lessees, lenders, contract holders). Its removal means the bill no longer touches the general statutory protection for existing grant beneficiaries.

A new provision explicitly states that nothing in the bill limits the San Francisco Bay Conservation and Development Commission's authority to approve or deny permits under the McAteer-Petris Act and the San Francisco Bay Plan, including its discretion to impose conditions and make independent public trust consistency determinations.

The legislative findings were substantially expanded to describe the Port of Oakland as a trustee of public trust lands, a valuable state asset providing maritime, navigational, recreational, cultural, and historical benefits, and an entity facing challenges beyond its control in its commercial real estate areas. A new Section 2 states the Legislature's intent that the Commission and Port maintain ongoing dialogue to spur revitalization.

A new provision requires that on or before July 1, 2026, the State Lands Commission and the Port of Oakland jointly start to implement mutually agreed upon solutions regarding some or all of the port's granted and public trust lands. These solutions must address flexibility in allowable uses, expedited approval of mixed uses, public trust consistency strategies, and investment encouragement. This replaces a purely unilateral commission mandate with a collaborative process.

The bill now defines the '2005 Stipulated Judgment' as the Stipulation for Entry of Final Judgment in People v. City of Oakland (Case No. RG05-196720) and provides that the joint dialogue may, by mutual consent of stakeholders, consider that judgment as a starting point.

A new Section 5 provides that if the Commission on State Mandates determines the act contains state-mandated costs, reimbursement to local agencies and school districts shall be made pursuant to Part 7 of Division 4 of Title 2 of the Government Code. The fiscal committee designation changed from 'no' to 'yes' and the state-mandated local program designation changed from 'no' to 'yes.'

The special statute finding was modified to reference the 'Port of Oakland' rather than the 'City of Oakland,' and the bill title was changed from 'An act to amend Section 6701 and add Chapter 2.2' to simply 'An act to add Chapter 2.2.'

Removed the provision (old Section 6721(e)) that allowed the Port of Oakland to apply to the State Lands Commission to categorize additional buildings in Jack London Square as after-acquired lands. The commission would have needed to find the building occupied both original tidelands and after-acquired lands, that 50% or more was on after-acquired lands, that it was built before January 1, 2025, and that the after-acquired portion was acquired with public trust funds on or before January 1, 2025. Without this provision, only the seven specifically named buildings are covered.

Changed the Stipulated Judgment relationship from a two-part approach (the judgment controls in case of conflict, plus a legislative intent that the commission and port use 'best efforts' to lift its restrictions) to a single clear provision: the terms are held in abeyance until February 1, 2066, after which the judgment applies in full force and effect.

Restructured the bill from adding a new Chapter 2.2 (Sections 6720-6721) to Part 2 of Division 6 of the Public Resources Code to using standalone sections within the act itself. This changes how the law is codified but not its substantive effect.

Corrected multiple typos and drafting errors from the amendment process, including 'Jack Land London Square' to 'Jack London Square,' 'a single building Two buildings' to 'Two buildings,' duplicated words ('powers power,' 'interfere with with'), and redundant language in the legislative digest.

Removed the requirement that by July 1, 2026, the State Lands Commission and Port of Oakland must start implementing mutually agreed solutions regarding port lands, including proposals for flexible commercial uses, expedited approvals, public trust consistency strategies, and investment encouragement.

Changed the Stipulated Judgment abeyance from aspirational language (intent that parties use 'best efforts' to lift restrictions) to a mandatory operative provision stating that the terms of the Stipulated Judgment are held in abeyance for after-acquired lands until February 1, 2066.

Added prevailing wage requirements: privately funded tenant improvements on leased after-acquired land must comply with Labor Code prevailing wage standards if construction costs exceed $50,000 or alteration/demolition/repair/maintenance costs exceed $30,000. Thresholds adjust annually by CPI starting January 1, 2027. The port must provide written notice to all lessees.

Added specific building addresses to the definition of after-acquired lands: 100 Washington Street, 101 Washington Street, 98 Broadway, 255 2nd Street, and 66 Franklin Street. Also specified that 70 Washington Street and 55 Harrison Street are treated as wholly within after-acquired lands. Added reference to the 1872 Allardt survey line as the boundary.

Extended the maximum term for nontrust leases from January 1, 2066 to February 1, 2066, aligning it with the date when use restrictions resume.

Added a state mandates reimbursement provision (Section 6) stating that no reimbursement is required for the prevailing wage mandate because it changes a crime definition, but other mandated costs would be reimbursable.

Restructured the bill from adding Chapter 2.2 to the Public Resources Code (Sections 6720-6721) into standalone sections (Sections 3 and 4), removing the chapter designation and the 'City' definition.

The Senate version's requirement that the State Lands Commission take action by July 1, 2026 to expand permitted uses of Oakland's public trust lands (including adjusting allowable commercial/cultural/recreational uses, reviewing leasing policies, introducing flexibility for entertainment and events, and expediting approvals) was entirely removed.

A new provision lifts all use restrictions imposed by the granting statutes and public trust doctrine on after-acquired lands in Jack London Square until February 1, 2066, and authorizes the Port of Oakland to lease those lands for any purpose, including nontrust uses.

The bill's scope narrowed from all of Oakland's public trust lands to specifically after-acquired lands in Jack London Square. The legislative findings now cite specific vacancy data (52% of ground floor space, approximately 183,000 square feet vacant) and note that the granted lands at Jack London Square constitute only about one-half of 1 percent of the Port's granted public lands.

New definitions added for 'after-acquired lands' (property not originally tidelands or submerged lands, acquired with public trust funds), 'granting statutes' (listing specific legislative chapters from 1852 to 1945), 'Jack London Square' (bounded by the Oakland Estuary, 2nd Street, Clay Street, and Alice Street), 'lease,' 'public trust,' and 'Stipulated Judgment.'

Conditions for nontrust use leases: revenues must be used exclusively for trust-consistent purposes (seating, plazas, wayfinding, equitable public access), nontrust uses must not impair existing public access or trust uses, leases must be at fair market value, tenant mix must promote public trust uses, and lease terms cannot extend beyond January 1, 2066.

The port must make findings for each proposed nontrust lease at a public meeting and may not delegate that authority. Any nontrust lease entered into without required findings is void.

Annual reporting requirement: starting January 15, 2027 and every year until February 2, 2066, the port must provide the commission with a detailed narrative including tenant lists categorized by trust consistency, maps of nontrust leases, economic performance data, future projections, public access improvements, and revenue use.

The port may apply to categorize additional buildings as after-acquired lands if: the building occupies both original tidelands and after-acquired lands, 50% or more of the building is on after-acquired lands, the building was built before January 1, 2025, and the after-acquired portion was acquired with public trust funds on or before January 1, 2025.

A provision states that if this section conflicts with the 2005 Stipulated Judgment, the Stipulated Judgment controls. The Legislature also expresses intent for the commission and port to use best efforts to lift Stipulated Judgment restrictions for after-acquired lands until February 1, 2066.

The state-mandated local program designation changed from 'no' in the Senate version to 'yes' in the Assembly version, meaning the bill now imposes costs on the City of Oakland that may be subject to state reimbursement under the California Constitution.

A new Chapter 2.2 (Sections 6720-6721) is added to the Public Resources Code, creating a special statutory framework specifically for the Port of Oakland and the City of Oakland's public trust lands.

A legislative finding declares that a special statute is necessary because of unique circumstances in Oakland, including high vacancy rates on public trust land buildings, need for increased economic investment, and the goal of improving public access to the waterfront.

Section 6721 requires the State Lands Commission to act by July 1, 2026, in consultation with the Port of Oakland, to expand permitted uses of the city's public trust lands. This includes adjusting commercial/cultural/recreational use allowances, reviewing leasing policies for more attractive terms, adding flexibility for entertainment and large-scale events, and expediting approval of commercial uses including rehabilitation of deteriorated properties.

The expanded permitted uses must balance economic development with public trust maintenance, ensure public enjoyment and waterfront access, and encourage investment in the city's public trust lands.

New definitions are added: 'City' means the City of Oakland (a charter city) including the port, and 'Port of Oakland' means the city acting through the Oakland Board of Port Commissioners.

The fiscal committee determination changed from 'no' appropriation to 'yes' appropriation, indicating the amended bill now has a state funding impact.

The original Section 6701 amendment (nonsubstantive cleanup of third-party rights protection language) is retained but renumbered as Section 3 and moved after the new provisions.