AB 2312

AB2312:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2312

An act to amend Section 3 of Chapter 628 of the Statutes of 2014, relating to tidelands.

LEGISLATIVE COUNSEL'S DIGEST

AB 2312, as amended, Ávila Farías. State property: tidelands transfer: City of Martinez: leases.

Existing law grants to the City of Martinez all right, title, and interest of the state to 4 specified parcels of land in the County of Contra Costa, to be held in trust by the city, as trustee, for the benefit of all the people of the state for purposes consistent with the public trust doctrine, including the protection of maritime or water-dependent commerce, navigation, and fisheries, and the preservation of the lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation. Existing law authorizes the city to lease the trust lands under specified conditions for purposes consistent with the trust grant for limited periods, not to exceed 49 years. Existing law requires the city to reimburse the commission for all expenses incurred in administering these provisions.

This bill would instead authorize the city to lease the trust lands for up to 66 years, or, subject to State Lands Commission approval, for a term longer than 66 years if the commission finds that a longer lease term is in the best interest of the state. The bill would expressly require the city to bear the costs of any study or analysis that the commission undertakes, reviews, or requests in consideration of whether a longer lease term is in the best interest of the state, as provided.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) 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.

(b) The City of Martinez is seeking to promote the further development, improvement, and economic revitalization of granted lands within its jurisdiction.

(c) The Martinez Marina is a valuable asset of the state that provides special maritime, navigational, recreational, cultural, and historical benefits to the people of the region and the state.

(d) The unique circumstances facing the Martinez Marina create challenges to public enjoyment of the public trust resources. Constructed in the 1960s, the marina has far exceeded its useful life. Decades of deferred maintenance and limited reinvestment have accelerated its decline, resulting in critical maintenance needs that far exceed the city’s budgetary capacity, and rendering repair and restoration of the existing infrastructure infeasible.

SEC. 2.

It is the intent of the Legislature that the State Lands Commission, the City of Martinez, and the parties to the exclusive negotiating agreement for the revitalization of the Martinez waterfront and marina, approved at the December 17, 2025, Martinez City Council meeting, maintain dialogue and continue to work together to determine the appropriate lease term to spur the revitalization of some or all of the city’s public trust lands to address the unique circumstances the marina is facing while maintaining the public trust.

SEC. 3.

Section 3 of Chapter 628 of the Statutes of 2014 is amended to read:

Sec. 3.

The trust grant specified in Section 2 of this act is subject to all of the following express conditions:

(a) The trust lands shall be held by the trustee in trust for the benefit of all the people of the state for purposes consistent with the public trust doctrine, including, but not limited to, maritime or water-dependent commerce, navigation, and fisheries, and the preservation of the lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.

(b) On and after January 1, 2020, the use of the trust lands shall conform to an approved trust lands use plan, as required by Section 4 of this act.

(c) The trustee shall not, at any time, grant, convey, give, or otherwise alienate or hypothecate the trust lands, or any part of the trust lands, to any person, firm, entity, or corporation for any purpose whatsoever.

(d) (1)The trustee may lease the trust lands, or any part of the trust lands, for limited periods, not exceeding 66 years, or, subject to commission approval, for a term longer than 66 years if the commission finds that a longer lease term is in the best interest of the state, for purposes consistent with the trust upon which those lands are held, as specified in subdivision (a). The trustee may collect and retain rents and other trust revenues from those leases, under rules and regulations adopted in accordance with Section 7 of this act, and in accordance with all of the following requirements:

(1)

(A) On and after January 1, 2020, all leases or agreements proposed or entered into by the trustee shall be consistent with the trust lands use plan approved by the commission, as required by Section 4 of this act. Any leases entered into before January 1, 2020, shall be consistent with the terms of subdivision (a).

(2)

(B) The lease rental rates shall be for a fair annual rent.

(3)

(C) The lease shall be in the best interest of the state.

(2) (A) The trustee shall bear the costs of any study or analysis that the commission undertakes, reviews, or requests, including, but not limited to, reasonable reimbursement for commission staff time in processing, investigating, and analyzing any submittal, in consideration of whether a longer lease term is in the best interest of the state, as authorized pursuant to paragraph (1).(B) The trustee’s reimbursement obligation in subparagraph (A) does not affect its ability to seek payment or reimbursement for those costs from a master developer. The commission may contract with external experts to accomplish any necessary study, investigation, or analysis.

(e) When managing, conducting, operating, or controlling the trust lands or an improvement, betterment, or structure on the trust lands, the trustee or their successor shall not discriminate in rates, tolls, or charges for any use or service in connection with those actions and shall not discriminate against or unlawfully segregate any person or group of persons because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, in accordance with Article 1 (commencing with Section 12940) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code and other state antidiscrimination laws, for any use or service in connection with those actions.

(f) The state shall have the right to use, without charge, a transportation, landing, or storage improvement, betterment, or structure constructed upon the trust lands for a vessel or other watercraft or railroad owned or operated by, or under contract to, the state.

(g) The trust lands are subject to the express reservation and condition that the state may, at any time, use those lands, or any portion of those lands, for highway purposes without compensation to the trustee or a person, firm, or public or private corporation claiming a right to those lands, except that, if the improvements have been placed with legal authority upon the property taken by the state for highway purposes, compensation shall be made to the person entitled to the value of the interest in the improvements taken or the damages to that interest.

(h) There is reserved to the people of the state the right to fish in the waters over the trust lands, with the right of convenient access to those waters over the trust lands for this purpose.

(i) There is excepted and reserved to the state all remains or artifacts of archaeological or historical significance and all deposits of minerals, including, but not limited to, all substances specified in Section 6407 of the Public Resources Code, in the trust lands and the right to prospect for, mine, and remove those deposits from the lands.

(j) The trustee shall reimburse the commission for all expenses incurred in the administration of this act, including periodic audits or investigations.