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AB-1191 State Lands Commission: exchange of trust lands: City of Oakland: Howard Terminal property: Oakland Waterfront Ballpark Act.(2019-2020)

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Date Published: 04/12/2019 04:00 AM
AB1191:v97#DOCUMENT

Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1191


Introduced by Assembly Member Bonta

February 21, 2019


An act relating to the grant of public trust lands to the City of Oakland.


LEGISLATIVE COUNSEL'S DIGEST


AB 1191, as amended, Bonta. State Lands Commission: exchange of trust lands: City of Oakland: Howard Terminal property: Oakland Waterfront Ballpark Act.
(1) Under existing law, the State Lands Commission has jurisdiction over certain public lands in the state, including tidelands and submerged lands. Existing law authorizes the commission to enter into an exchange, with any person or any private or public entity, of filled or reclaimed tidelands and submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands, if the commission finds that specified conditions are met, as prescribed.
This bill would enact the Oakland Waterfront Ballpark Act, which would authorize the commission to enter into an exchange with the City of Oakland, of filled or reclaimed tidelands and submerged lands or beds of navigable waterways, or interests in these lands, located in the Howard Terminal property, as defined, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands under the jurisdiction and control of the city, if the commission finds that specified conditions exist. The bill would also authorize the commission to impose any additional conditions on an exchange of land authorized under the bill, if the commission determines that the conditions are necessary to protect the public trust. The bill would authorize the commission to establish the ordinary high water mark or the ordinary low water watermark of any tidelands or submerged lands within the boundaries of the Howard Terminal property that are exchanged pursuant to an agreement with the City of Oakland.
(2) This bill would make legislative findings and declarations as to the necessity of a special statute governing public trust lands at the Howard Terminal property in the City of Oakland.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 This act shall be known, and may be cited, as the Oakland Waterfront Ballpark Act.

SEC. 2.

 (a) For purposes of this section, the following definitions apply unless the context requires otherwise:
(1) “1852 grant” means Chapter 107 of the Statutes of 1852.
(2) “1923 grant” means Chapter 174 of the Statutes of 1923, as amended.
(3) “Ballpark project” means a proposed baseball park that will become the new home of the Oakland Athletics, which will include visitor-serving or water-oriented recreation, cultural, and entertainment uses, public access, and other public amenities to be developed at the Howard Terminal property in the City of Oakland, consistent with public trust purposes.
(4) “Charter” means the Charter of the City of Oakland, as amended.
(5) “City” means the City of Oakland or the Town of Oakland, as applicable.
(6) “Commission” means the State Lands Commission.
(7) “Howard Terminal property” or “property” means lands located in the city, within the Port port area commonly known as the Howard Terminal, consisting of properties identified by the assessor parcel numbers: 018-0405-000; 018-0405-002; 018-0405-003-01; 018-0405-003-02; 018-0405-004; 018-0410-004; 018-0410-005; 018-0410-006-01; 018-0410-001-04; and 018-0410-001-05.
(8) “Legislative grants” means those grants of tidelands or submerged lands made by the Legislature to the city for public trust purposes, including the 1852 grant and the 1923 grant, which include lands in the Howard Terminal property that are under the jurisdiction of, and controlled by, the port.
(9) “Port” means the Port of Oakland acting under the direction of the Board of Port Commissioners for the Port of Oakland pursuant to the charter as the trustee for granted public trust lands and any improvements or related assets and any other lands owned by the city that are located in the port area, including the Rancho uplands acquired by the city, and any improvements or related assets.
(10) “Port area” means any lands that are under the jurisdiction of the Board of Port Commissioners for the Port of Oakland.
(11) “Public trust” or “trust” means the common law doctrine applicable to the state’s authority over the navigable waters of the state, including tidelands and submerged lands, for purposes relating to maritime or water-dependent commerce, navigation, and fisheries for the benefit of the people of the state.
(12) “Rancho uplands” means lands within the Howard Terminal property that were never owned by the state, are not tidelands or submerged lands, and are located landward of the ordinary high water mark of 1850.
(13) “State” means the State of California.
(b) (1) The commission may, pursuant to its authority under Section 6307 of the Public Resources Code, enter into an exchange with the city, of filled or reclaimed tidelands and submerged lands or beds of navigable waterways, or interests in these lands, located in the Howard Terminal property, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands under the jurisdiction and control of the city, if the commission finds all of the following conditions exist:
(A) The exchange meets the requirements of Section 6307 of the Public Resources Code.
(B) The exchange ensures that the use of any lands or interests in lands exchanged is consistent with and furthers public trust purposes relating to maritime or water-dependent commerce, navigation, and fisheries.
(C) The exchange is in the best interests of the state.
(2) The commission may also impose additional conditions on the exchange of lands under paragraph (1), if the commission determines that the conditions are necessary to protect the public trust.
(c) The commission may establish the ordinary high water mark or the ordinary low water mark of any tidelands or submerged lands within the boundaries of the Howard Terminal property that are exchanged pursuant to an agreement with the city authorized under this section.

SEC. 3.

 (a) This act does not limit the authority of the San Francisco Bay Conservation and Development Commission to consider seaport plan and bay plan amendments and retain or remove seaport plan and bay plan port priority use designations from the Howard Terminal property and adjacent areas currently designated for port priority use.
(b) This act does not limit the authority of the San Francisco Bay Conservation and Development Commission to approve or deny permits for those aspects of the Oakland Sports and Mixed-Use Project described in this act that are within the commission’s jurisdiction in a manner consistent with the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code) and the bay plan, including the authority and discretion of the commission to impose terms and conditions on the permits for the project.
(c) This act does not limit the authority or discretion of the commission to enforce any of its permits issued for the project.

SEC. 3.SEC. 4.

 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 unique circumstances regarding the development of the Howard Terminal property in the City of Oakland.