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 powers 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 require, on or before July 1, 2026, the commission and the Port of Oakland, defined as the City of Oakland acting by and through the Oakland Board of Port Commissioners, to start to implement mutually agreed upon solutions regarding some or all of specified Port of Oakland lands, 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.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Statutes affected:
SB 304: 6701 PRC
02/10/25 - Introduced: 6701 PRC
03/26/25 - Amended Senate: 6701 PRC