AB 2312: State property: tidelands transfer: City of Martinez: leases.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-09-20
Current Status:
Passed
(2026-09-20: Chaptered by Secretary of State - Chapter 394, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
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.
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.
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.
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 to be held 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, before expending trust revenues for any single capital improvement on the trust lands involving an amount in excess of $250,000 in the aggregate, the trustee to file with the State Lands Commission a detailed description of the capital improvement not less than 120 days before any disbursement of trust revenues for, or in connection with, that capital improvement.This bill would instead require the above-described filing to be made not less than 180 days before any disbursement of trust revenues for, or in connection with, that capital improvement.Existing law requires the commission, within 120 days after the time of the filing described above, to determine whether the capital improvement is consistent with the trust lands use plan, as provided.This bill would extend the amount of time the commission has to make that determination to 180 days.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.
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 to be held 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 requires, before expending trust revenues for any single capital improvement on the trust lands involving an amount in excess of $250,000 in the aggregate, the trustee to file with the State Lands Commission a detailed description of the capital improvement not less than 120 days before any disbursement of trust revenues for, or in connection with, that capital improvement.
This bill would instead require the above-described filing to be made not less than 180 days before any disbursement of trust revenues for, or in connection with, that capital improvement.
Existing law requires the commission, within 120 days after the time of the filing described above, to determine whether the capital improvement is consistent with the trust lands use plan, as provided.
This bill would extend the amount of time the commission has to make that determination to 180 days.
The Legislature finds and declares all of the following:
(a)The Legislature has delegated to the State Lands Commission the states 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 citys 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 citys 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:
(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).
(B)The lease rental rates shall be for a fair annual rent.
(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 trustees 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.
The Legislature finds and declares all of the following:
(a)The Legislature has delegated to the State Lands Commission the states 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 citys 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 citys 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:
(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).
(B)The lease rental rates shall be for a fair annual rent.
(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 trustees 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.
The Legislature finds and declares all of the following:
(a)The Legislature has delegated to the State Lands Commission the states 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 citys 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 citys 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 trustees 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.
The Legislature finds and declares all of the following:
(a)The Legislature has delegated to the State Lands Commission the states 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 citys 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 citys 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)The trustee may lease the trust lands, or any part of the trust lands, for limited periods, not exceeding 49 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)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 prior to before January 1, 2020, shall be consistent with the terms of subdivision (a).
(2)The lease rental rates shall be for a fair annual rent.
(3)The lease shall be in the best interest of the state.
(e)When managing, conducting, operating, or controlling the trust lands or an improvement, betterment, or structure on the trust lands, the trustee or his or her 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 antidiscrimintation 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.
SECTION 1.Section 7 of Chapter 628 of the Statutes of 2014, as amended by Section 1 of Chapter 143 of the Statutes of 2023, is amended to read:Sec. 7.(a)(1)The trustee shall establish and maintain accounting procedures, in accordance with generally accepted accounting principles, providing accurate records of all revenues received from the trust lands and trust assets and of all expenditures of those revenues.(2)All trust revenues received from the trust lands and trust assets shall be expended only for those uses and purposes consistent with this act. The trustee shall provide for the segregation of funds derived from the use of the trust lands by the trustee from other city municipal funds, so as to ensure that trust revenues are only expended to enhance or maintain the trust lands in accordance with the uses and purposes for which the trust lands are held.(3)Trust revenues may be expended to acquire appropriate upland properties to benefit and enhance the trust lands, subject to a determination by the commission that the acquisition is consistent with this act and in the best interest of the state. Property acquired with these trust revenues shall be considered an asset of the trust and subject to the terms and conditions of this act.(b)The trustee shall comply with Section 6306 of the Public Resources Code. The annual statement and standardized reporting form required to be filed pursuant to subdivision (e) of that section shall also include a summary explaining how the trustee is using trust revenues to revitalize the marina and prevent its closure.(c)(1)Before expending trust revenues for any single capital improvement on the trust lands involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the trustee shall file with the commission a detailed description of the capital improvement not less than 180 days before any disbursement of trust revenues for, or in connection with, that capital improvement.(2)Within 180 days after the time of a filing specified in paragraph (1), the commission shall determine whether the capital improvement is consistent with the trust lands use plan. The commission may request the opinion of the Attorney General on the matter and, if the commission makes this request, the Attorney General shall deliver a copy of the opinion to the trustee with the notice of its determination.(3)If the commission notifies the trustee that the capital improvement is not authorized, the trustee shall not disburse any trust revenues for, or in connection with, the capital improvement, unless it is determined to be authorized by a final order or judgment of a court of competent jurisdiction.(4)The trustee may bring suit against the state for the purpose of securing an order or judgment for purposes of paragraph (3), which suit shall have priority over all other civil matters. Service shall be made upon the executive officer of the commission and the Attorney General, and the Attorney General shall defend the state in that suit. If judgment is given against the state in the suit, no costs may be recovered.(d)(1)Except as provided in paragraph (2), commencing June 30, 2015, and at the end of every fiscal year, 20 percent of all gross revenues generated from the trust lands shall be transmitted to the commission. Of this amount transmitted, the commission shall allocate 80 percent to the Treasurer, for deposit in the General Fund, and 20 percent to the Treasurer, for deposit in the Land Bank Fund for expenditure pursuant to Division 7 (commencing with Section 8600) of the Public Resources Code for management of the commissions granted lands program.(2)In recognition of the deteriorated conditions at the marina, commencing January 1, 2024, and until June 30, 2029, the commission may, at its discretion, relieve the trustee of its obligation to transmit the gross revenues as specified in paragraph (1) so that the trustee can take action to address those conditions, including the dredging of sediment to restore adequate depth for launching, berthing, and safe navigation at the marina.(e)The commission may, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments to this act, have been complied with, and that all other applicable provisions of law concerning the trust lands are being complied with in good faith.(f)The commission shall approve any loan or expenditures of nontrust revenues for improvements made to the trust lands prior to the loan or expenditure. If not approved, those expenditures shall be deemed a gift to the trust.(a)(1)The trustee shall establish and maintain accounting procedures, in accordance with generally accepted accounting principles, providing accurate records of all revenues received from the trust lands and trust assets and of all expenditures of those revenues.
(2)All trust revenues received from the trust lands and trust assets shall be expended only for those uses and purposes consistent with this act. The trustee shall provide for the segregation of funds derived from the use of the trust lands by the trustee from other city municipal funds, so as to ensure that trust revenues are only expended to enhance or maintain the trust lands in accordance with the uses and purposes for which the trust lands are held.
(3)Trust revenues may be expended to acquire appropriate upland properties to benefit and enhance the trust lands, subject to a determination by the commission that the acquisition is consistent with this act and in the best interest of the state. Property acquired with these trust revenues shall be considered an asset of the trust and subject to the terms and conditions of this act.
(b)The trustee shall comply with Section 6306 of the Public Resources Code. The annual statement and standardized reporting form required to be filed pursuant to subdivision (e) of that section shall also include a summary explaining how the trustee is using trust revenues to revitalize the marina and prevent its closure.
(c)(1)Before expending trust revenues for any single capital improvement on the trust lands involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the trustee shall file with the commission a detailed description of the capital improvement not less than 120 180 days prior to the time of before any disbursement of trust revenues for, or in connection with, that capital improvement.
(2)Within 120 180 days after the time of a filing specified in paragraph (1), the commission shall determine whether the capital improvement is consistent with the trust lands use plan. The commission may request the opinion of the Attorney General on the matter and, if the commission makes this request, the Attorney General shall deliver a copy of the opinion to the trustee with the notice of its determination.
(3)If the commission notifies the trustee that the capital improvement is not authorized, the trustee shall not disburse any trust revenues for, or in connection with, the capital improvement, unless it is determined to be authorized by a final order or judgment of a court of competent jurisdiction.
(4)The trustee may bring suit against the state for the purpose of securing an order or judgment for purposes of paragraph (3), which suit shall have priority over all other civil matters. Service shall be made upon the executive officer of the commission and the Attorney General, and the Attorney General shall defend the state in that suit. If judgment is given against the state in the suit, no costs may be recovered.
(d)(1)Except as provided in paragraph (2), commencing June 30, 2015, and at the end of every fiscal year, 20 percent of all gross revenues generated from the trust lands shall be transmitted to the commission. Of this amount transmitted, the commission shall allocate 80 percent to the Treasurer, for deposit in the General Fund, and 20 percent to the Treasurer, for deposit in the Land Bank Fund for expenditure pursuant to Division 7 (commencing with Section 8600) of the Public Resources Code for management of the commissions granted lands program.
(2)In recognition of the deteriorated conditions at the marina, commencing January 1, 2024, and until June 30, 2029, the commission may, at its discretion, relieve the trustee of its obligation to transmit the gross revenues as specified in paragraph (1) so that the trustee can take action to address those conditions, including the dredging of sediment to restore adequate depth for launching, berthing, and safe navigation at the marina.
(e)The commission may, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments to this act, have been complied with, and that all other applicable provisions of law concerning the trust lands are being complied with in good faith.
(f)The commission shall approve any loan or expenditures of nontrust revenues for improvements made to the trust lands prior to the loan or expenditure. If not approved, those expenditures shall be deemed a gift to the trust.
|
Date
|
Status
|
|---|---|
| Sep 20, 2026 | Chaptered by Secretary of State - Chapter 394, Statutes of 2026. |
| Sep 20, 2026 | Approved by the Governor. |
| Aug 20, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 13, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0.). |
| Aug 13, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 6153.). |
| Aug 11, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 10, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 10, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5323.). |
| Aug 4, 2026 | Read second time. Ordered to Consent Calendar. |
| Aug 3, 2026 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 25, 2026 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 24, 2026 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 23). |
| May 27, 2026 | Referred to Com. on N.R. & W. |
| May 14, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 14, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0.) |
| May 14, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5055.) |
| May 7, 2026 | Read second time. Ordered to Consent Calendar. |
| May 6, 2026 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 6). |
| Apr 23, 2026 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 22). Re-referred to Com. on APPR. |
| Apr 14, 2026 | From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 13). Re-referred to Com. on L. GOV. |
| Apr 7, 2026 | Re-referred to Com. on NAT. RES. |
| Apr 6, 2026 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 16, 2026 | Referred to Coms. on NAT. RES. and L. GOV. |
| Feb 20, 2026 | From printer. May be heard in committee March 22. |
| Feb 19, 2026 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 13, 2026 | AB 2312 Ávila Farías Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 10, 2026 | Consent Calendar 2nd AB2312 Ávila Farías et al. | Senate Floor |
Passed |
|
| Jun 23, 2026 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 14, 2026 | AB 2312 Ávila Farías Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 6, 2026 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2026 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Local Government |
Passed |
|
| Apr 13, 2026 | Do pass and be re-referred to the Committee on [Local Government] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| City Of Martinez | ** Support | |
| The City of Martinez | ** Support | |
| Tucker Sadler Architects | ** Support | |
| Tucker Sadler Architects, INC. | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2312
Author:(Ávila Farías)
As Amended Ver:June 25, 2026
Majority vote
SUMMARY
Extends the lease on the public trusted lands for the City of Martinez (City) from 49 years to 66 years.
Senate Amendments
- Impose an additional requirement on the trustee, when collecting and retaining rents and other trust revenues from leases, to bear the costs of any study or analysis that the State Lands Commission (SLC) undertakes, reviews, or requests, including, but not limited to, reasonable reimbursement for SLC 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.
- Provide that the trustee’s reimbursement obligation does not affect its ability to seek payment or reimbursement for those costs from a master developer.
- Authorize the SLC to contract with external experts to accomplish any necessary study, investigation, or analysis.
COMMENTS
The City waterfront encompasses almost 80 acres of trust lands along the northern shoreline that are zoned for open space and recreational use. Included is the Marina, which has a range of facilities, including a harbormaster building, boat slips, a four-lane public launch ramp, a fishing pier, a guest dock, wastewater pump-out facilities, and a bait shop.
Constructed in the 1960s, the facility has far exceeded its useful life. Studies on the Marina's marine structures and sedimentation confirm that it is in extremely poor condition, highlighting the urgent need for action to preserve access and functionality.
At the December 17th regular City Council meeting, the Martinez City Council unanimously approved an exclusive negotiating agreement with Tucker Sadler Architects, a private developer, to revitalize the Martinez Waterfront and Marina. The agreement sets in motion a new phase of study and collaborative planning that will evaluate the project's feasibility, refine design concepts, and lay the groundwork for decisions on the future of the Waterfront and Marina.
This bill authorizes the City to lease the trust lands up to 66 years and, subject to SLC approval, for a longer term than 66 years if SLC finds that a longer lease term is in the best interests of the state. The author states that this project will be funded solely with private capital. Unfortunately, current law's 49-year maximum lease term cannot support the scale of investment required for this project to attract the needed lending and investment.
According to the Author
The Martinez Marina has far exceeded its useful life and currently faces dire and deteriorating conditions that are a drain on the city's limited budget and demand significant intervention. Revitalizing the Waterfront and Marina has been a top City and community priority for decades, and the City has now entered into an exclusive negotiating agreement with a private developer to realize a one-in-a-lifetime opportunity to rebuild and improve the infrastructure of the Marina and create a vibrant, accessible, sustainable, and community-serving Waterfront. This project will be funded with solely private capital.
Unfortunately, current law's 49-year maximum lease term with SLC cannot support the needed private lending and investment. In lieu of seeking scarce public funding, AB 2312 simply allows for a longer lease term that will attract the required capital.
Arguments in Support
The City of Martinez writes that AB 2312 establishes a framework that supports long-term reinvestment while maintaining strong state oversight. The bill reflects the Legislature's intent that the State Lands Commission, the City of Martinez, and private partners continue to work collaboratively to determine appropriate lease terms that will facilitate redevelopment while preserving public trust uses.
Arguments in Opposition
None on file
FISCAL COMMENTS
The Senate Appropriations Committee approved this bill pursuant to Senate Rule 28.8.
VOTES:
ASM NATURAL RESOURCES: 14-0-0
YES: Bryan, Ellis, Alanis, Connolly, Garcia, Haney, Hoover, Kalra, Macedo, Muratsuchi, Pellerin, Schultz, Hart, Zbur
ASM LOCAL GOVERNMENT: 10-0-0
YES: Carrillo, Ta, Johnson, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Hoover, Aguiar-Curry, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
ABS, ABST OR NV: Arambula
ASSEMBLY FLOOR: 77-0-3
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Arambula, Flora, Celeste Rodriguez
SENATE FLOOR: 39-0-1
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Alvarado-Gil
UPDATED
VERSION: June 25, 2026
CONSULTANT: Paige Brokaw / NAT. RES. / (916) 319-2092 FN: 0003423
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 2312 |
CONSENT
Bill No: AB 2312
Author: Ávila Farías (D), et al.
Amended: 6/25/26 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 7-0, 6/23/26
AYES: Becker, Seyarto, Allen, Cabaldon, Grove, Laird, Stern
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/14/26 (Consent) - See last page for vote
SUBJECT: State property: tidelands transfer: City of Martinez: leases
SOURCE: Author
DIGEST:
This bill authorizes the City of Martinez (City) to lease certain city trust lands for up to 66 years, or for a longer term if authorized by the State Lands Commission (commission) if the commission finds that a longer lease is in the best interest of the state.
ANALYSIS:
Existing Law:
- Establishes the commission as the steward and manager of the state's public trust lands. (Public Resources Code (PRC §6009)
- Establishes the City as a trustee of sovereign tide and submerged lands granted by the Legislature all right, title, and interest of the state to four specified parcels of land in the Straits of Carquinez, to be held in trust for specified uses. (Chapter 815 of the Statutes of 1976, and Chapter 628 of the Statutes of 2014)
- Authorizes the City, as trustee, to lease the trust lands for limited periods not to exceed 49 years. (Section 3, Chapter 628, Statutes of 2014).
- Recasts the three granted lands statutes and adds a fourth parcel to the City pursuant to SB 1424 (Wolk, Chapter 628, Statutes of 2014).
- Authorizes the commission, in recognition of deteriorated conditions at the Martinez Marina (Marina), until June 30, 2029, to relieve the trustee of its obligation to transmit gross revenues so the trustee can take action to address those conditions, including the dredging of sediment to restore adequate depth for launching, berthing, and safe navigation at the marina. (Chapter 628, Statutes of 2014 (d)(2))
This bill:
- Authorizes the City, as trustee, to lease trust lands for a period not to exceed 66 years.
- Authorizes the commission to approve a lease term for longer than 66 years if the commission finds that a longer lease is in the best interest of the state.
- Changes “his or her” to “their”
- Fixes an erroneous reference to statute.
- Specifies that the trustee shall bear the cost of any study or analysis undertaken by the commission to review whether a longer lease term is in the best interest of the state.
- Specifies that the trustee may seek reimbursement from the master developer.
- Makes findings and declarations regarding the Marina as public trust lands of the City.
- Declares the intent of the Legislature that the parties to the agreement to revitalize the Martinez waterfront continue to work together to determine the appropriate lease term to spur the revitalization of the public trust lands.
Background
City of Martinez trusted lands. The City was initially granted certain sovereign lands in trust in 1851. The grant to the City was repealed and re-granted in 1976 and 2014. Chapter 628, Statutes of 2014 repealed the City’s prior grants and provided the City with a new grant of sovereign tide and submerged lands that updated the granting statute and added an additional parcel that encompasses the Marina.
The City must use the land for purposes consistent with the Public Trust Doctrine and, beginning in 2020, in conformance with a trust lands use plan approved by the commission.
SB 1424 (Wolk, Chapter 628, Statutes of 2014), established a revenue-sharing agreement between the City and the state. This revenue sharing requires the City to transmit 20% of the annual revenue generated from its granted lands to the commission, of which 80% is deposited into the state’s General Fund and 20% into the Kapiloff Land Bank. Recognizing the deteriorating conditions at the Marina, SB 1424 allowed the commission to relieve the City of its revenue-sharing obligation until June 30, 2021. This relief was intended to enable the City to address critical issues at the Marina, including dredging to restore adequate depth for vessel launching, berthing, and safe navigation.
AB 1686 (Grayson, Chapter 143, Statutes of 2023), subsequently extended the commission’s authority to annually relieve the City from its revenue sharing requirement for another five years—from January 1, 2024, until June 30, 2029. This extension supports the City’s efforts to restore the deteriorated Marina’s condition through continued dredging and maintenance activities.
Martinez Marina. The City waterfront encompasses almost 80 acres of trust lands along the northern shoreline that are zoned for open space and recreational use. Included is the Marina, which has a range of facilities, including a harbormaster building, boat slips, a four-lane public launch ramp, a fishing pier, a guest dock, wastewater pump-out facilities, and a bait shop.
Constructed in the 1960s, the facility has far exceeded its useful life. Studies on the Marina's marine structures and sedimentation confirm that it is in extremely poor condition, highlighting the urgent need for action to preserve access and functionality. Revitalizing the waterfront and Marina has been a top community priority for decades. With aging infrastructure, deteriorating facilities, limited resources, and a marina well beyond its useful life, the City has faced growing operational and financial pressures that necessitate a broader reimagining through a private-public partnership.
In June 2024, the City’s long-standing marina management partner, Almar Management, submitted a 60-day notice to terminate its contract after almost 20 years. Almar Management stated that the Marina has deteriorated beyond the point of viable maintenance or repair, making continued operation infeasible. The City continues to address only key safety issues and minimally maintains the boat, pedestrian, and vehicular access in and around the Marina, but rising costs, infrastructure challenges, and storm damage have strained the City’s limited financial resources.
At the December 17, 2025 regular City Council meeting, the Martinez City Council unanimously approved an exclusive negotiating agreement (ENA) with Tucker Sadler Architects, a private developer, to revitalize the Martinez Waterfront and Marina. The agreement sets in motion a new phase of study and collaborative planning that will evaluate the project’s feasibility, refine design concepts, and lay the groundwork for decisions on the future of the Waterfront and Marina.
The project envisions new recreation amenities such as sport fields, a dog park, kite area, and public art installations, along with expanded open spaces featuring plazas, pedestrian pathways, marshland restoration, and stronger connections to downtown. Hospitality and community facilities, including hotels, restaurants, a community/event center, a new Martinez Yacht Club and Sea Scouts’ facility, and an outdoor amphitheater, are also included. These project elements would complement new commercial and retail spaces and support boating, fishing, recreation, and other waterfront activities, and would be supported by upgraded infrastructure, including surface and underground parking, utilities, and lighting.
Incentivizing investment. This bill aligns the allowable lease length at the Marina with existing law, which authorizes leases up to 66 years, or unless a grant from the state provides the specific terms of the lease.
This bill authorizes the City to lease the Marina for up to 66 years, or longer with approval of the commission. This provides the city, commission, and investors with the flexibility to more deeply investigate financing options for the Marina work.
In order to provide the commission with the necessary expertise to review information submitted by the City or the developer in support of a longer lease, this bill allows the commission to contract with outside experts, and recoup the costs for that review from the City, who may then recoup costs from the developer.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/03/26)
City of Martinez
Tucker Sadler Architects
OPPOSITION: (Verified 8/03/26)
None received
ARGUMENTS IN SUPPORT: According to the author, “The Martinez Marina has far exceeded its useful life and currently faces dire and deteriorating conditions that are a drain on the city’s limited budget and demand significant intervention. Revitalizing the Waterfront and Marina has been a top City and community priority for decades, and the City has now entered into an exclusive negotiating agreement with a private developer to realize a one-in-a-lifetime opportunity to rebuild and improve the infrastructure of the Marina and create a vibrant, accessible, sustainable, and community-serving Waterfront. This project will be funded with solely private capital. Unfortunately, current law’s 49-year maximum lease term with the State Lands Commission cannot support the needed private lending and investment. In lieu of seeking scarce public funding, AB 2312 simply allows for a longer lease term that will attract the required capital.”
ASSEMBLY FLOOR: 77-0, 5/14/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Arambula, Flora, Celeste Rodriguez
Prepared by: Edith Hannigan / N.R. & W. / (916) 651-4116
8/5/26 15:04:38
**** END ****
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Josh Becker, Chair
2025 - 2026 Regular
Bill No: AB Hearing Date: June 23, 2026
Author: | |||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: State property: tidelands transfer: City of Martinez: leases
SUMMARY
This bill would authorize the City of Martinez to lease certain city trust lands for up to 66 years, or for a longer term if authorized by the State Lands Commission if the State Lands Commission finds that a longer lease is in the best interest of the state.
BACKGROUND AND EXISTING LAW
State Lands Commission (commission). Established in 1938, the commission manages 4 million acres of tide and submerged lands and the beds of natural navigable rivers, streams, lakes, bays, estuaries, inlets, and straits. These lands are often referred to as sovereign or public trust lands. The commission, in its capacity as a landowner, protects and enhances these lands and natural resources by issuing leases for use, development, and environmental preservation, championing public access, and resolving boundaries between public and private lands.
The commission oversees sovereign land granted in trust to about 70 local jurisdictions, which are predominantly prime waterfront lands, coastal waters, and the lands underlying California’s five major ports. Through its actions, the commission secures and safeguards the public’s access rights to navigable waterways and the coastline and preserves irreplaceable natural habitats for wildlife, vegetation, and biological communities. The commission, through its two regulatory programs, protects state waters from marine invasive species introductions and prevents oil spills by regulating oil transfers at marine oil terminals.
Ownership and management of tidelands. During the 1800s, the Legislature authorized the sale of tidelands, particularly in the San Francisco Bay. This practice eventually became a controversial issue at the 1879 Constitutional Convention, where the delegates discussed whether to create a Constitutional prohibition on the sale of tide and submerged lands.
After two days, the delegates voted to protect access to the navigable waters of the state, preventing individuals and businesses from excluding the public from or obstructing the free navigation of tidal and navigable waters in the state.
The Legislature has authorized leases on tidelands and submerged lands granted to any city by the state, or owned or controlled by any city, for no longer than 66 years, or unless a grant from the state authorizes otherwise (Civil Code (CIV) §718).
Public Trust Doctrine. The foundational principle of the common law Public Trust Doctrine is that it is an affirmative duty of the state to protect the people’s common heritage in navigable waters for their common use. The traditional uses allowed under the Public Trust Doctrine were described as water-related commerce, navigation, and fisheries. As a common law doctrine, the courts have significantly shaped the Public Trust Doctrine in a number of important ways. Courts have found that the public uses to which sovereign lands are subject are sufficiently flexible to encompass changing public needs. The courts have also found that preservation of these lands in their natural state, so that they may serve as ecological units for scientific study, as open space, and as environments that provide food and habitat for birds and marine life, are appropriate uses under the common law Public Trust Doctrine. Courts have also made clear that sovereign lands subject to the Public Trust Doctrine cannot be sold into private ownership.
For more than 100 years, the Legislature has granted public trust lands to local governments so the lands can be managed locally for the benefit of the people of California. While these trust lands are managed locally, the commission has oversight authority to ensure those local trustees are complying with the Public Trust Doctrine and the applicable granting statutes.
Existing Law:
- Establishes the commission as the steward and manager of the state's public trust lands. (Public Resources Code (PRC §6009)
- Establishes the City of Martinez (City) as a trustee of sovereign tide and submerged lands granted by the Legislature all right, title, and interest of the state to four specified parcels of land in the Straits of Carquinez, to be held in trust for specified uses. (Chapter 815 of the Statutes of 1976, and Chapter 628 of the Statutes of 2014)
- Authorizes the City, as trustee, to lease the trust lands for limited periods not to exceed 49 years. (Section 3, Chapter 628, Statutes of 2014).
- Recasts the three granted lands statutes and adds a fourth parcel to the City pursuant to SB 1424 (Wolk, Chapter 628, Statutes of 2014).
- Authorizes the commission, in recognition of deteriorated conditions at the Martinez Marina (Marina), until June 30, 2029, to relieve the trustee of its obligation to transmit gross revenues so the trustee can take action to address those conditions, including the dredging of sediment to restore adequate depth for launching, berthing, and safe navigation at the marina. (Chapter 628, Statutes of 2014 (d)(2))
PROPOSED LAW
This bill would:
- Authorize the City, as trustee, to lease trust lands for a period not to exceed 66 years.
- Authorize the commission to approve a lease term for longer than 66 years if the commission finds that a longer lease is in the best interest of the state.
- Change “his or her” to “their”
- Fix an erroneous reference to statute.
- Make findings and declarations regarding the Marina as public trust lands of the City.
- Declares the intent of the Legislature that the parties to the agreement to revitalize the Martinez waterfront continue to work together to determine the appropriate lease term to spur the revitalization of the public trust lands.
ARGUMENTS IN SUPPORT
According to the author, “The Martinez Marina has far exceeded its useful life and currently faces dire and deteriorating conditions that are a drain on the city’s limited budget and demand significant intervention. Revitalizing the Waterfront and Marina has been a top City and community priority for decades, and the City has now entered into an exclusive negotiating agreement with a private developer to realize a one-in-a-lifetime opportunity to rebuild and improve the infrastructure of the Marina and create a vibrant, accessible, sustainable, and community-serving Waterfront. This project will be funded with solely private capital. Unfortunately, current law’s 49-year maximum lease term with the State Lands Commission cannot support the needed private lending and investment. In lieu of seeking scarce public funding, AB 2312 simply allows for a longer lease term that will attract the required capital.”
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
City of Martinez trusted lands. The City was initially granted certain sovereign lands in trust in 1851. The grant to the City was repealed and re-granted in 1976 and 2014. Chapter 628, Statutes of 2014 repealed the City’s prior grants and provided the City with a new grant of sovereign tide and submerged lands that updated the granting statute and added an additional parcel that encompasses the Marina.
The City must use the land for purposes consistent with the Public Trust Doctrine and, beginning in 2020, in conformance with a trust lands use plan approved by the commission.
SB 1424 (Wolk, Chapter 628, Statutes of 2014), established a revenue-sharing agreement between the City and the state. This revenue sharing requires the City to transmit 20% of the annual revenue generated from its granted lands to the commission, of which 80% is deposited into the state’s General Fund and 20% into the Kapiloff Land Bank. Recognizing the deteriorating conditions at the Marina, SB 1424 allowed the commission to relieve the City of its revenue-sharing obligation until June 30, 2021. This relief was intended to enable the City to address critical issues at the Marina, including dredging to restore adequate depth for vessel launching, berthing, and safe navigation.
AB 1686 (Grayson, Chapter 143, Statutes of 2023), subsequently extended the commission’s authority to annually relieve the City from its revenue sharing requirement for another five years—from January 1, 2024, until June 30, 2029. This extension supports the City’s efforts to restore the deteriorated Marina’s condition through continued dredging and maintenance activities.
Martinez Marina. The City waterfront encompasses almost 80 acres of trust lands along the northern shoreline that are zoned for open space and recreational use. Included is the Marina, which has a range of facilities, including a harbormaster building, boat slips, a four-lane public launch ramp, a fishing pier, a guest dock, wastewater pump-out facilities, and a bait shop.
Constructed in the 1960s, the facility has far exceeded its useful life. Studies on the Marina's marine structures and sedimentation confirm that it is in extremely poor condition, highlighting the urgent need for action to preserve access and functionality. Revitalizing the waterfront and Marina has been a top community priority for decades. With aging infrastructure, deteriorating facilities, limited resources, and a marina well beyond its useful life, the City has faced growing operational and financial pressures that necessitate a broader reimagining through a private-public partnership.
In June 2024, the City’s long-standing marina management partner, Almar Management, submitted a 60-day notice to terminate its contract after almost 20 years. Almar Management stated that the Marina has deteriorated beyond the point of viable maintenance or repair, making continued operation infeasible. The City continues to address only key safety issues and minimally maintains the boat, pedestrian, and vehicular access in and around the Marina, but rising costs, infrastructure challenges, and storm damage have strained the City’s limited financial resources.
At the December 17, 2025 regular City Council meeting, the Martinez City Council unanimously approved an exclusive negotiating agreement (ENA) with Tucker Sadler Architects, a private developer, to revitalize the Martinez Waterfront and Marina. The agreement sets in motion a new phase of study and collaborative planning that will evaluate the project’s feasibility, refine design concepts, and lay the groundwork for decisions on the future of the Waterfront and Marina.
The project envisions new recreation amenities such as sport fields, a dog park, kite area, and public art installations, along with expanded open spaces featuring plazas, pedestrian pathways, marshland restoration, and stronger connections to downtown. Hospitality and community facilities, including hotels, restaurants, a community/event center, a new Martinez Yacht Club and Sea Scouts’ facility, and an outdoor amphitheater, are also included. These project elements would complement new commercial and retail spaces and support boating, fishing, recreation, and other waterfront activities, and would be supported by upgraded infrastructure, including surface and underground parking, utilities, and lighting.
Incentivizing investment. This bill aligns the allowable lease length at the Marina with existing law, which authorizes leases up to 66 years, or unless a grant from the state provides the specific terms of the lease.
This bill authorizes the City to lease the Marina for up to 66 years, or longer with approval of the commission. This provides the city, commission, and investors with the flexibility to more deeply investigate financing options for the Marina work.
In order to provide the commission with the necessary expertise to review information submitted by the City or the developer in support of a longer lease, the committee may wish to amend this bill to allow the commission to contract with outside experts, and recoup the costs for that review from the City, who may then recoup costs from the developer. [SEE Amendment #1].
SUGGESTED AMENDMENTS:
AMENDMENT 1
Amend Sec. 3 of the bill to add:
(k) The trustee shall bear the costs of any study or analysis that the commission undertakes, reviews, or requests, including 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 subdivision (d). The trustee’s reimbursement obligation does not affect its ability to seek payment or reimbursement for these costs from a master developer. The commission is authorized to contract with external experts to accomplish any necessary study, investigation, or analysis.
SUPPORT
Tucker Sadler Architects (sponsor)
City of Martinez
OPPOSITION
None received
-- END --
Date of Hearing: May 6, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2312
Author:(Ávila Farías) – As Amended Ver:April 6, 2026
Policy Committee: | Natural Resources | Vote: | 14 - 0 |
Local Government | 10 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill extends the lease on the public trust lands for the City of Martinez from 49 years to 66 years or, subject to State Lands Commission (SLC) approval, for a term longer than 66 years if SLC finds that a longer lease term is in the best interest of the state, as specified.
Relatedly, the bill includes intent language that SLC, 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.
FISCAL EFFECT:
SLC notes that any costs associated with extending the maximum lease term to 66 years are likely minor and absorbable.
SLC reviews an annual request from the City of Martinez for a revenue-sharing waiver (more on this below) and the city’s annual financial information (revenues and expenditures) for the granted lands. According to SLC, its annual costs associated with this oversight are currently negligible. Should these oversight costs increase in the future, the commission would seek reimbursement from the city via a reimbursement agreement, consistent with its existing practice.
Under current law, at the end of each fiscal year, the City of Martinez is required to transmit 20% of all gross revenues generated from its granted lands to SLC, of which 80% is deposited in the state’s General Fund and 20% is deposited in the Land Bank Fund for management of SLC’s granted lands program. Due to the marina’s infrastructure needs, for years, the revenue generated by the land was barely enough for the city to keep pace with basic maintenance and operational costs. In response, the Legislature granted SLC the discretion to annually relieve the city of its revenue-sharing obligation until June 30, 2029, resulting in a relatively minor revenue loss to the General Fund (less than $15,000 annually).
COMMENTS:
1) Purpose. According to the author:
The Martinez Marina has far exceeded its useful life and currently faces dire and deteriorating conditions that are a drain on the city’s limited budget and demand significant intervention. Revitalizing the Waterfront and Marina has been a top City and community priority for decades, and the City has now entered into an exclusive negotiating agreement with a private developer to realize a one-in-a-lifetime opportunity to rebuild and improve the infrastructure of the Marina and create a vibrant, accessible, sustainable, and community-serving Waterfront. This project will be funded with solely private capital.
Unfortunately, current law’s 49-year maximum lease term with SLC cannot support the needed private lending and investment. In lieu of seeking scarce public funding, AB 2312 simply allows for a longer lease term that will attract the required capital.
2) Background. According to SLC, for over 100 years, the Legislature has enacted more than 300 statutes granting sovereign public trust lands to over 80 local municipalities (referred to as grantees or trustees) so the lands can be managed locally for the benefit of the people of California. While these trust lands are managed locally, SLC has oversight authority to ensure local trustees are complying with the Public Trust Doctrine and applicable granting statutes.
The City of Martinez was granted certain sovereign lands in trust in 1851. In 2014, the previous grant and statutory amendments were repealed and a new statute was enacted granting the city four trust land parcels, which included the Martinez Marina. According to the City of Martinez, the sponsor of this bill, the marina is a valuable statewide asset that provides maritime, navigational, recreational, cultural, and historical benefits. However, for years, the marina has been in a deteriorated state and has struggled to be fiscally stable, primarily due to high levels of silt flowing downstream and through its breakwater. Over the last 18 years, the city has incurred expenses totaling approximately $2.4 million for dredging construction, design, and mitigation. According to the city, it continues to make investments to maintain the marina’s infrastructure and develop solutions for comprehensive revitalization to restore public access and use of these trust lands.
The city argues that by providing additional flexibility for lease terms and reinforcing coordination between the city and SLC, this bill will support revitalization of the marina and surrounding public trust lands and dramatically improve the viability of the site for long-term investment through a public-private partnership.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: April 22, 2026
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Juan Carrillo, Chair
ABPCA Bill Id:AB 2312 (
Author:Ávila Farías) – As Amended Ver:April 6, 2026
SUBJECT: State property: tidelands transfer: City of Martinez: leases
SUMMARY: Extends the lease on the public trusted lands for the City of Martinez (City) from 49 years to 66 years. Specifically, this bill:
- Extends the City’s authorization to lease the trust lands, or any part of the trust lands, for limited periods, from 49 years to 66 years or, subject to State Lands Commission (SLC) approval, for a term longer than 66 years if SLC finds that a longer lease term is in the best interests of the state, for purposes consistent with the trust upon which those lands are held, as specified.
- Declares that is the intent of Legislature that the SLC, 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.
- Makes various findings and declarations related to the Martinez Marina.
- Makes technical and conforming changes.
EXISTING LAW:
- Establishes the SLC as the steward and manager of the state's public trust lands. (Public Resources Code 6009)
- Establishes the City as a trustee of sovereign tide and submerged lands granted by the Legislature all right, title, and interest of the state to four specified parcels of land in the Straits of Carquinez, to be held in trust for specified uses. (Chapter 815 of the Statutes of 1976 and Chapter 628, Statutes of 2014)
- Authorizes SLC, in recognition of deteriorated conditions at the Martinez Marina, until June 30, 2029, to relieve the trustee of its obligation to transmit gross revenues so the trustee can take action to address those conditions, including the dredging of sediment to restore adequate depth for launching, berthing, and safe navigation at the marina. [Chapter 628, Statutes of 2014 (d)(2)]
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
- Bill Summary and Author’s Statement. This bill authorizes the City of Martinez to lease trust lands, the Martinez Marina, for up to 66 years instead of 49 years. The bill allows the City of Martinez to lease the Martinez Marina trust lands for longer than 66 years if the SLC determines that a longer lease is in the best interest of the land and the purpose of the lease is consistent with the trust upon which those lands are held. The bill is sponsored by Tucker Sadler Architects.
According to the author, “The Martinez Marina has far exceeded its useful life and currently faces dire and deteriorating conditions that are a drain on the city’s limited budget and demand significant intervention. Revitalizing the Waterfront and Marina has been a top City and community priority for decades, and the City has now entered into an exclusive negotiating agreement with a private developer to realize a one-in-a-lifetime opportunity to rebuild and improve the infrastructure of the Marina and create a vibrant, accessible, sustainable, and community-serving Waterfront. This project will be funded with solely private capital. Unfortunately, current law’s 49-year maximum lease term with SLC cannot support the needed private lending and investment. In lieu of seeking scarce public funding, AB 2312 simply allows for a longer lease term that will attract the required capital.” - City Trusted Lands. The City was initially granted certain sovereign lands in trust in 1851. The grant to the City was repealed and re-granted in 1976 and 2014. Chapter 628, Statutes of 2014 repealed the City’s prior grants and provided the City with a new grant of sovereign tide and submerged lands that updated the grant statute and added an additional parcel that encompasses the Marina. The City must use the land for purposes consistent with the Public Trust Doctrine and, beginning in 2020, in conformance with a trust lands use plan approved by SLC.
SB 1424 (Wolk), Chapter 628, Statutes of 2014, established a revenue-sharing agreement between the City and the state. This revenue sharing requires the City to transmit 20% of the annual revenue generated from its granted lands to SLC, of which 80% is deposited into the state’s General Fund and 20% into the Kapiloff Land Bank. Recognizing the deteriorating conditions at the Marina, Chapter 628 allowed SLC to relieve the City of its revenue-sharing obligation until June 30, 2021. This relief was intended to enable the City to address critical issues at the Marina, including dredging to restore adequate depth for vessel launching, berthing, and safe navigation.
AB 1686 (Grayson), Chapter 143, Statutes of 2023, subsequently extended SLC’s authority to annually relieve the City from its revenue sharing requirement for another five years—from January 1, 2024, until June 30, 2029. This extension supports the City’s efforts to restore the deteriorated Marina’s condition through continued dredging and maintenance activities. - Martinez Marina. The City waterfront encompasses almost 80 acres of trust lands along the northern shoreline that are zoned for open space and recreational use. Included is the Marina, which has a range of facilities, including a harbormaster building, boat slips, a four-lane public launch ramp, a fishing pier, a guest dock, wastewater pump-out facilities, and a bait shop.
Constructed in the 1960s, the facility has far exceeded its useful life. Studies on the Marina's marine structures and sedimentation confirm that it is in extremely poor condition, highlighting the urgent need for action to preserve access and functionality. Revitalizing the waterfront and Marina has been a top community priority for decades. With aging infrastructure, deteriorating facilities, limited resources, and a marina well beyond its useful life, the City has faced growing operational and financial pressures that necessitate a broader reimagining through a private-public partnership.
In June 2024, the City’s long-standing marina management partner, Almar Management, submitted a 60-day notice to terminate its contract after almost 20 years. Almar Management stated that the Marina has deteriorated beyond the point of viable maintenance or repair, making continued operation infeasible. The City, in partnership with F3 Marina, continues to address only key safety issues and minimally maintains the boat, pedestrian, and vehicular access in and around the Marina, but rising costs, infrastructure challenges, and storm damage have strained the City’s limited financial resources.
At the December 17, 2025 regular City Council meeting, the Martinez City Council unanimously approved an exclusive negotiating agreement with Tucker Sadler Architects, a private developer, to revitalize the Martinez Waterfront and Marina. The agreement sets in motion a new phase of study and collaborative planning that will evaluate the project’s feasibility, refine design concepts, and lay the groundwork for decisions on the future of the Waterfront and Marina.
The project envisions new recreation amenities such as sport fields, a dog park, kite area, and public art installations, along with expanded open spaces featuring plazas, pedestrian pathways, marshland restoration, and stronger connections to downtown. Hospitality and community facilities, including hotels, restaurants, a community/event center, a new Martinez Yacht Club and Sea Scouts’ facility, and an outdoor amphitheater, are also included. These project elements would complement new commercial and retail spaces and support boating, fishing, recreation, and other waterfront activities, and would be supported by upgraded infrastructure, including surface and underground parking, utilities, and lighting.
- Arguments in Support. Trucker Sadler Architects, the sponsor of the bill, writes in support, “AB 2312 represents a public/private partnership between the City of Martinez and the design/construction firm of Tucker Sadler to redevelop the City of Martinez marina and waterfront. This project represents over $150 million in private capital to rebuild the aging public marina, amenities and waterfront infrastructure. Originally 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. As with the Marina, the surrounding waterfront area has experienced substantial deterioration. Facilities such as the restaurant, amphitheater, and bait shop have been closed or removed due to unsafe conditions. Other City-owned buildings at the Marina require significant general maintenance. Environmental factors, including sea level rise and king tides, have further impacted the site, resulting in frequent flooding of the parking areas throughout the year.”
- Arguments in Opposition. None on file.
- Double-Referral. This bill is double-referred to the Natural Resources Committee, where it passed on a 14-0 vote on April 13, 2026.
REGISTERED SUPPORT / OPPOSITION:
Support
Tucker Sadler Architects, INC.- SPONSOR
Martinez; City of
Opposition
None
Analysis Prepared by: Linda Rios / L. GOV. / (916) 319-3958
Date of Hearing: April 13, 2026
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Isaac G. Bryan, Chair
ABPCA Bill Id:AB 2312 (
Author:Ávila Farías) – As Amended Ver:April 6, 2026
SUBJECT: State property: tidelands transfer: City of Martinez: leases
SUMMARY: Extends the lease on the public trusted lands for the City of Martinez (City) from 49 years to 66 years.
EXISTING LAW:
- Protects, pursuant to the common law doctrine of the public trust (Public Trust Doctrine), the public's right to use California's waterways for commerce, navigation, fishing, boating, natural habitat protection, and other water-oriented activities. (National Audubon Society v. Superior Court (1983) 33 Cal.3d 419)
- Establishes the State Lands Commission (SLC) as the steward and manager of the state's public trust lands. (Public Resources Code 6009)
- Establishes theCity as a trustee of sovereign tide and submerged lands granted by the Legislature all right, title, and interest of the state to four specified parcels of land in the Straits of Carquinez, to be held in trust for specified uses. (Chapter 815 of the Statutes of 1976 and Chapter 628, Statutes of 2014)
- Recasts the three granted lands and adds a fourth parcel to the City pursuant to SB 1424 (Wolk), Chapter 628, Statutes of 2014.
- Authorizes SLC, in recognition of deteriorated conditions at the Martinez Marina (Marina), until June 30, 2029, to relieve the trustee of its obligation to transmit gross revenues so the trustee can take action to address those conditions, including the dredging of sediment to restore adequate depth for launching, berthing, and safe navigation at the marina. (Chapter 628, Statutes of 2014 (d)(2))
THIS BILL:
- States the intent of the Legislature that SLC, the City, and the parties to the City’s exclusive negotiating agreement for the Marina and Waterfront Revitalization 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.
- Extends the City’s authorization to lease the trust lands, or any part of the trust lands, for limited periods, from 49 years to 66 years or, subject to SLC approval, for a term longer than 66 years if SLC finds that a longer lease term is in the best interests of the state, for purposes consistent with the trust upon which those lands are held, as specified.
FISCAL EFFECT: Unknown
COMMENTS:
- Author’s statement:
The Martinez Marina has far exceeded its useful life and currently faces dire and deteriorating conditions that are a drain on the city’s limited budget and demand significant intervention. Revitalizing the Waterfront and Marina has been a top City and community priority for decades, and the City has now entered into an exclusive negotiating agreement with a private developer to realize a one-in-a-lifetime opportunity to rebuild and improve the infrastructure of the Marina and create a vibrant, accessible, sustainable, and community-serving Waterfront. This project will be funded with solely private capital. Unfortunately, current law’s 49-year maximum lease term with SLC cannot support the needed private lending and investment. In lieu of seeking scarce public funding, AB 2312 simply allows for a longer lease term that will attract the required capital.
- Public Trust. The foundational principle of the common law Public Trust Doctrine is that it is an affirmative duty of the state to protect the people’s common heritage in navigable waters for their common use. The traditional uses allowed under the Public Trust Doctrine were described as water-related commerce, navigation, and fisheries. As a common law doctrine, the courts have significantly shaped the Public Trust Doctrine in a number of important ways. Courts have found that the public uses to which sovereign lands are subject are sufficiently flexible to encompass changing public needs. The courts have also found that preservation of these lands in their natural state, so that they may serve as ecological units for scientific study, as open space, and as environments that provide food and habitat for birds and marine life, are appropriate uses under the common law Public Trust Doctrine. Courts have also made clear that sovereign lands subject to the Public Trust Doctrine cannot be sold into private ownership.
For more than 100 years, the Legislature has granted public trust lands to local governments so the lands can be managed locally for the benefit of the people of California. While these trust lands are managed locally, SLC has oversight authority to ensure those local trustees are complying with the Public Trust Doctrine and the applicable granting statutes.
- City trusted lands. The City was initially granted certain sovereign lands in trust in 1851. The grant to the City was repealed and re-granted in 1976 and 2014. Chapter 628, Statutes of 2014 repealed the City’s prior grants and provided the City with a new grant of sovereign tide and submerged lands that updated the grant statute and added an additional parcel that encompasses the Marina.
The City must use the land for purposes consistent with the Public Trust Doctrine and, beginning in 2020, in conformance with a trust lands use plan approved by SLC.
SB 1424 established a revenue-sharing agreement between the City and the state. This revenue sharing requires the City to transmit 20% of the annual revenue generated from its granted lands to SLC, of which 80% is deposited into the state’s General Fund and 20% into the Kapiloff Land Bank. Recognizing the deteriorating conditions at the Marina, Chapter 628 allowed SLC to relieve the City of its revenue-sharing obligation until June 30, 2021. This relief was intended to enable the City to address critical issues at the Marina, including dredging to restore adequate depth for vessel launching, berthing, and safe navigation.
AB 1686 (Grayson), Chapter 143, Statutes of 2023, subsequently extended SLC’s authority to annually relieve the City from its revenue sharing requirement for another five years—from January 1, 2024, until June 30, 2029. This extension supports the City’s efforts to restore the deteriorated Marina’s condition through continued dredging and maintenance activities.
- Martinez Marina. The City waterfront encompasses almost 80 acres of trust lands along the northern shoreline that are zoned for open space and recreational use. Included is the Marina, which has a range of facilities, including a harbormaster building, boat slips, a four-lane public launch ramp, a fishing pier, a guest dock, wastewater pump-out facilities, and a bait shop.
Constructed in the 1960s, the facility has far exceeded its useful life. Studies on the Marina's marine structures and sedimentation confirm that it is in extremely poor condition, highlighting the urgent need for action to preserve access and functionality. Revitalizing the waterfront and Marina has been a top community priority for decades. With aging infrastructure, deteriorating facilities, limited resources, and a marina well beyond its useful life, the City has faced growing operational and financial pressures that necessitate a broader reimagining through a private-public partnership.
In June 2024, the City’s long-standing marina management partner, Almar Management, submitted a 60-day notice to terminate its contract after almost 20 years. Almar Management stated that the Marina has deteriorated beyond the point of viable maintenance or repair, making continued operation infeasible. The City, in partnership with F3 Marina, continues to address only key safety issues and minimally maintains the boat, pedestrian, and vehicular access in and around the Marina, but rising costs, infrastructure challenges, and storm damage have strained the City’s limited financial resources.
At the December 17th regular City Council meeting, the Martinez City Council unanimously approved an exclusive negotiating agreement (ENA) with Tucker Sadler Architects, a private developer, to revitalize the Martinez Waterfront and Marina. The agreement sets in motion a new phase of study and collaborative planning that will evaluate the project’s feasibility, refine design concepts, and lay the groundwork for decisions on the future of the Waterfront and Marina.
The project envisions new recreation amenities such as sport fields, a dog park, kite area, and public art installations, along with expanded open spaces featuring plazas, pedestrian pathways, marshland restoration, and stronger connections to downtown. Hospitality and community facilities, including hotels, restaurants, a community/event center, a new Martinez Yacht Club and Sea Scouts’ facility, and an outdoor amphitheater, are also included. These project elements would complement new commercial and retail spaces and support boating, fishing, recreation, and other waterfront activities, and would be supported by upgraded infrastructure, including surface and underground parking, utilities, and lighting.
- Time is [not] on my side. AB 2312 authorizes the City to lease the trust lands up to 66 years and, subject to SLC approval, for a longer term than 66 years if SLC finds that a longer lease term is in the best interests of the state.
The author states that this project will be funded solely with private capital. Unfortunately, current law’s 49-year maximum lease term cannot support the scale of investment required for this project to attract the needed lending and investment.
- Double referral. This bill is also referred to the Assembly Local Government Committee.
- Related legislation. AB 1686 (Grayson), Chapter 143, Statutes of 2023, Extends the sunset date, until June 30, 2039, of the authorization for SLC to relieve the City of its obligation to transmit gross revenues from the City to the state.
REGISTERED SUPPORT / OPPOSITION:
Support
Martinez; City of
Tucker Sadler Architects, INC.
Opposition
None on file
Analysis Prepared by: Paige Brokaw / NAT. RES. /
Bill Author
Bill Co-Author(s):
