Senate BillChaptered/SignedPublic Resources
SB 304: Public lands: City of Oakland: Port of Oakland: uses of after-acquired lands.
What SB 304 does, verified December 13, 2025
The bill would lift restrictions on the use of after-acquired lands in Jack London Square until February 1, 2066, allowing the Port of Oakland to lease these lands for any purpose subject to specified conditions. The Port would need to provide a narrative statement to the Commission annually until February 2, 2066. The use restrictions would resume after this period. The bill also applies prevailing wage standards to privately funded tenant improvements on these lands if certain requirements are met. The bill makes legislative findings and declarations about the necessity of a special statute for the Port of Oakland.
Bill journey
✓IntroducedComplete
✓In CommitteeComplete
✓First Chamber FloorComplete
✓Second ChamberComplete
✓GovernorComplete
6ChapteredCurrent
Last action: Chaptered by Secretary of State. Chapter 578, Statutes of 2025. (2025-10-10)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions34 total · showing 5
| Oct. 10, 2025 | Chaptered by Secretary of State. Chapter 578, Statutes of 2025. |
| Oct. 10, 2025 | Approved by the Governor. |
| Sep. 17, 2025 | Enrolled and presented to the Governor at 2 p.m. |
| Sep. 10, 2025 | Assembly amendments concurred in. (Ayes 37. Noes 1. Page 2803.) Ordered to engrossing and enrolling. |
| Sep. 09, 2025 | Read third time. Passed. (Ayes 80. Noes 0. Page 3070.) Ordered to the Senate. |
Latest bill textChaptered version, October 10, 2025 · 2,786 words
Senate Bill No. 304
CHAPTER 578
An act relating to public lands.
[ Approved by Governor October 10, 2025. Filed with Secretary of State October 10, 2025. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 304, Arreguín. Public lands: City of Oakland: Port of Oakland: uses of after-acquired lands.
Under existing law, known as the public trust doctrine, the state has title as trustee to all tidelands and navigable lakes and streams and is charged with preserving these waterways for navigation, commerce, and fishing, as well as for scientific study, recreation, and as an open space and habitat for birds and marine life. Existing law establishes the State Lands Commission in the Natural Resources Agency. Existing law provides that the state’s power and right to control, regulate, and use its tidelands and submerged lands when acting within the terms of the public trust is absolute. Existing law provides that tidelands and submerged lands granted by the Legislature to local entities remain subject to the public trust, and remain subject to the oversight authority of the state by and through the commission. Existing law provides that granted public trust lands remain subject to the supervision of the state and the state retains its duty to protect the public interest in granted public trust lands.
Under existing law, the commission’s power to lease and grant is conferred upon the local trustee of the granted public trust lands. Existing law grants the City of Oakland sovereign tide and submerged lands located within its boundaries.
This bill would lift, until February 1, 2066, the use restrictions imposed by the granting statutes and the public trust doctrine for after-acquired lands, as defined, in Jack London Square and would authorize the Port of Oakland to lease the after-acquired lands for any purpose subject to specified conditions. The bill would provide that on February 2, 2066, the use restrictions imposed by the granting statutes and the public trust doctrine again apply to after-acquired lands. The bill would require, on or before January 15, 2027, and every year thereafter until February 2, 2066, the Port of Oakland to provide the commission with a narrative statement, as specified. The bill would, until February 1, 2066, hold the terms of a specified stipulated judgment in abeyance for after-acquired lands subject to the act, as provided. To the extent that this bill would impose additional duties on the City of Oakland, this bill would impose a state-mandated local program.
Existing law requires workers employed on public works to be paid not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, for work of a similar character in the locality that the public work is performed, as prescribed, unless an exception applies, and imposes misdemeanor penalties for a willful violation of this requirement.
The bill would apply the above-described prevailing wage standards to privately funded tenant improvements on after-acquired land leased by the Port of Oakland if certain requirements are met. By expanding the scope of a crime, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Port of Oakland.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) The Port of Oakland serves as a trustee of lands subject to the public trust doctrine and the granting statutes. The Legislature has delegated to the State Lands Commission the state’s ongoing oversight of public trust lands to ensure that they are managed consistent with the granting statutes and the public trust doctrine. The Port of Oakland is an independent department of the City of Oakland, as provided by the Charter of the City of Oakland, whose lands and revenues are subject to the public trust.
(b) The Port of Oakland is seeking to promote the development, improvement, and economic revitalization of its public trust lands at Jack London Square.
(c) The public trust lands under the jurisdiction of the Port of Oakland are a valuable asset of the state that provide special maritime, navigational, recreational, cultural, and historical benefits to the people of the region and the state.
(d) Jack London Square is a historic, mixed-use waterfront district within the Port of Oakland that includes pedestrian-oriented retail, dining, and entertainment uses and a ferry terminal that reinforces the waterfront connection.
(e) Several of the Jack London Square parcels are disconnected from the shoreline, face chronic vacancy, and have limited or no present maritime or navigational utility.
(f) The Port of Oakland’s ability to attract and retain public trust consistent tenants at Jack London Square has been significantly impaired by external factors beyond its control, including chronic vacancy throughout the Oakland commercial market, a decline in customer foot traffic and loss of business confidence, the sharp decline in tourism and hospitality sectors following the COVID-19 pandemic, and the departure of all three of Oakland’s professional sports teams, the Warriors, Raiders, and Athletics, which has diminished regional visitation and economic activity. These cumulative factors have created a uniquely challenging operating environment at Jack London Square.
(g) Portions of Jack London Square consist of property that is not original tide and submerged lands, title to which was not derived from the granting statutes, but were acquired with public trust funds derived from port operations. These lands, known as after-acquired lands, are held by the Port of Oakland as assets of the statutory trust and accordingly are subject to the granting statute use restrictions, which incorporate public trust use restrictions.
(h) The granted lands at Jack London Square constitute approximately one-half of 1 percent of the Port of Oakland’s granted public lands.
(i) Despite numerous and ongoing efforts over the past 20 years, the port has been unable to attract public trust consistent commercial uses to the majority of the structures at Jack London Square. Approximately 52 percent of Jack London Square’s ground floor space, approximately 183,000 square feet, is currently vacant.
(j) Oakland, unlike other California port cities, including San Francisco and San Diego, does not have an established tourism-driven economy.
(k) The Legislature, under rare and unique circumstances, has provided a statutory framework for the leasing of granted public trust lands for nontrust uses by the trustees grounded on findings that the lands are not required for, and that nontrust uses will not interfere with, the use and purposes of the granting statutes and the public trust doctrine.
(l) Temporarily lifting the public trust use restrictions imposed by the granting statutes, including public trust doctrine restrictions, on Jack London Square parcels that are wholly located on after-acquired lands for a period of time, without removing the land from statutory trust ownership, has the potential to activate Jack London Square and increase use of the waterfront by the general public. Revitalization of Jack London Square is anticipated to facilitate additional public trust uses on the shoreline and waterfront, as well as enhance existing public trust uses.
(m) Two buildings in Jack London Square occupy land that is both original tidelands and submerged lands granted to the Port of Oakland and after-acquired land. Temporarily lifting the trust use restrictions on those buildings, including the portion located on granted tidelands and submerged lands, has the potential to further support the revitalization of Jack London Square and the incidental nontrust use of such lands will not interfere with public trust uses on the remainder of the granted lands at Jack London Square.
SEC. 2.
It is the intent of the Legislature that the State Lands Commission and the Port of Oakland maintain dialogue and continue to work together to determine how best to spur the revitalization of the port’s public trust lands at Jack London Square. In particular, it is the intent of the Legislature that the commission and the Port of Oakland explore further the use of the property at 1 Water Street, including whether the temporary lifting of use restrictions on that property is essential to the revitalization of Jack London Square.SEC. 3.
For purposes of this act, the following terms shall apply:(a) “After-acquired lands” means property that is not original tidelands or submerged lands, title to which was not derived from the granting statutes, that were acquired with public trust funds derived from port operations. “After-acquired lands” are those landward of the 1872 Allardt survey line. The buildings at the following addresses are within after-acquired lands: 100 Washington Street, 101 Washington Street, 98 Broadway, 255 2nd Street, and 66 Franklin Street. The buildings at 70 Washington Street and 55 Harrison Street shall be treated as wholly within after-acquired lands for purposes of this act.
(b) “Granting statutes” means all state grants of real property in Jack London Square, including, but not limited to, Chapter 107 of the Statutes of 1852, Chapter 174 of the Statutes of 1923, Chapter 45 of the Statutes of 1937, Chapter 343 of the Statutes of 1937, Chapter 720 of the Statutes of 1941, and Chapter 218 of the Statutes of 1945, all as amended.
(c) “Jack London Square” means the mixed-use waterfront area within the City of Oakland bounded by the Oakland Estuary to the south, 2nd Street to the north, Clay Street to the west, and Alice Street to the east.
(d) “Lease” means a lease or license for use of real property, sublease, or sublicense, temporary easement, right-of-way agreement, development agreement, or other agreement granting to any person any right to use, occupy, or improve port lands.
(e) “Port of Oakland” or “port” means the City of Oakland, a municipal corporation, acting by and through its Board of Port Commissioners, established by the Charter of the City of Oakland, acting pursuant to the city charter as the trustee of the lands granted pursuant to the granting statutes and trustee of any improvements or related assets and other lands owned by the city that are located adjacent to the port.
(f) “Public trust” or “trust” means the constitutional and common law doctrine providing the state’s sovereign authority over the navigable waters of the state, including the original tidelands and submerged lands underlying those waters that are held in trust for the benefit of all the people of the state and for purposes that include maritime or water-dependent commerce, navigation, fisheries, the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
(g) “Stipulated Judgment” means the Stipulation for Entry of Final Judgment entered in People of the State of California v. City of Oakland et al., Alameda County Superior Court Case No. RG05-196720, on February 2, 2005.
SEC. 4.
(a) (1) The use restrictions imposed by the granting statutes and the public trust doctrine are lifted until February 1, 2066, with respect to the after-acquired lands in Jack London Square, and the port may lease the after-acquired lands for any purpose, subject to the conditions listed in subdivision (b).(2) Except as provided in paragraph (1), the after-acquired lands shall remain subject to the terms and conditions of the granting statutes and the public trust doctrine.
(b) (1) The port may lease after-acquired lands in Jack London Square for a nontrust use only if it finds that all of the following conditions will be met:
(A) Port revenues derived from a nontrust use shall be used exclusively for trust-consistent purposes, including, but not limited to, seating, plazas, and wayfinding, and to support equitable public access and visitor-serving programming for a wide range of visitors.
(B) Nontrust uses will not impair or harm existing public access or public trust uses and are intended to attract the statewide public to Jack London Square and the waterfront to promote increased use and enjoyment of the area.
(C) The nontrust use lease is for fair market value.
(D) The nontrust use lease is consistent with the terms of the granting statutes and public trust doctrine, except for use restrictions pursuant to subdivision (a).
(E) The nontrust use leases for each parcel are designed to result in a dynamic, well-balanced tenant mix that promotes, fosters, and enhances public trust uses in Jack London Square.
(F) The term of those nontrust leases shall not extend beyond February 1, 2066.
(2) The port shall make the findings pursuant to this paragraph for each proposed nontrust lease at a public meeting, and the port shall not delegate authority to make these findings to any other entity, including a ground lessee. Any nontrust lease or lease amendment entered into without the port making the findings required by this paragraph shall be void.
(c) On February 2, 2066, the use restrictions of the granting statutes and public trust doctrine shall resume for all after-acquired lands, and, as of that date the provisions of this section shall become inoperative.
(d) On or before January 15, 2027, and every year thereafter until February 2, 2066, the port shall provide the commission with a detailed narrative statement including all of the following information:
(1) A list of tenants in Jack London Square, categorized as either consistent or inconsistent with the public trust use restrictions including details regarding the square footage for each tenant’s lease area, lease term, and the overall square footage for each tenant-occupied structure.
(2) A map showing the distribution and location of nontrust use leases.
(3) The overall economic health and performance of Jack London Square.
(4) Projections of the future economic performance of Jack London Square based on the then-current tenant mix.
(5) A description of public access improvements at Jack London Square and how these improvements promote equitable public access to and use and enjoyment of the waterfront.
(6) The use of revenue derived from nontrust use leases.
(e) The terms of the Stipulated Judgment are held in abeyance for after-acquired lands subject to this act until February 1, 2066. On February 2, 2066, the Stipulated Judgment shall apply in full force and effect. The Stipulated Judgment is otherwise unaffected by this act.
(f) (1) Privately funded tenant improvements on land leased pursuant to this act shall be subject to the requirements of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code if either of the following requirements is satisfied:
(A) The project involves construction work with costs in excess of fifty thousand dollars ($50,000).
(B) The project involves alteration, demolition, repair, or maintenance work with costs in excess of thirty thousand dollars ($30,000).
(2) Commencing on January 1, 2027, and annually thereafter, the thresholds in this subdivision shall be adjusted to reflect changes in the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers.
(3) The port shall provide written notice of these requirements to all lessees, sublessees, and prospective lessees.
(g) It is the intent of the Legislature that this act is designed to address the unique and limited circumstances of Jack London Square and that this act sets no precedent for any other granted lands or other public trust lands in the state.
SEC. 5.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings and declarations set forth in Section 1 of this act.SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Text of SB 304 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions