Summary of SB 1428 (2025-2026, California)
Note: The bill text is complex and covers multiple, largely unrelated topics. This summary highlights the substantive provisions, who/what would be affected, and key timelines.
1) Main purpose and intent
SB 1428 amends several Public Resources Code provisions and related statutes to address four distinct policy areas:
- Gravity-Based Energy Storage Well Pilot Program (public lands and energy storage)
- Marine ballast water management (vessel ballast water) regulations
- Wildfire and Forest Resilience Task Force and related public lands governance
- Jack London Square public lands (after-acquired lands, public trust use restrictions, and leasing)
Overall, the bill clarifies, updates cross-references, and makes non-substantive changes while extending or adjusting certain program authorities and timelines. It does not create new programs from scratch in all areas, but rather tightens statutory references and adjusts regulatory requirements and timelines.
2) Key provisions and changes
A. Gravity-Based Energy Storage Well Pilot Program (Public lands)
- Corrects an erroneous cross-reference: The bill fixes a cross-reference related to the authorization for gravity-based energy storage wells.
- Context: Existing law authorizes the State Oil and Gas Supervisor to allow conversion of up to 250 wells for gravity-based energy storage as a pilot to evaluate safety, operating conditions, and energy storage capabilities. That authorizing program is set to terminate on January 1, 2035; SB 1428 ensures the cross-reference aligns with that framework.
Impact: Clarifies the lifecycle and regulatory basis for gravity-based energy storage wells and avoids misinterpretation of authorizations.
B. Wildfire and Forest Resilience Task Force
- Non-substantive change to the definition of “task force” to reference the Wildfire and Forest Resilience Task Force described in Section 4005.
- Context: This aligns terminology with existing Governor-established processes under Executive Order B-52-18.
Impact: Ensures definitional consistency in statutes referencing the task force.
C. Ballast Water Regulations (State Lands Commission)
- The bill requires the State Lands Commission to regulate ballast water discharge and management by complying with a specified set of federal laws, with updated references.
- It also redefines the regulatory trigger so that compliance is aligned with a particular federal framework and expands the consultation with the U.S. Coast Guard for environmentally sound ballast water management options under new federal authorities.
Impact: Updates ballast water regulatory framework to align with current federal law and Coast Guard coordination.
D. Public Lands – Jack London Square and After-Acquired Lands
- Section 4 of Chapter 578 (Statutes of 2025) is amended to extend the relaxation of use restrictions for after-acquired lands in Jack London Square through February 1, 2066, allowing leases for nontrust uses under specified conditions.
- Conditions for nontrust leases:
- Leases must generate revenue used exclusively for trust-consistent purposes (public access, seating, plazas, wayfinding, visitor programming).
- Nontrust uses must not impair public access or public trust uses and should attract statewide public use.
- Leases must be at fair market value.
- Leases should fit within the granting statutes and public trust doctrine, with a goal of a balanced tenant mix that supports public trust uses.
- Nontrust leases must not extend beyond February 1, 2066.
- Public reporting requirements:
- By January 15, 2027, and annually thereafter through February 2, 2066, the Port must provide a detailed narrative report to the California Department of General Services/Commission (as applicable) including:
- List of tenants (trust-consistent vs. nontrust-consistent), lease areas, terms, and total square footage.
- Maps of nontrust use leases.
- Overall economic health and projections for Jack London Square.
- Public access improvements and equity considerations.
- Use of revenue from nontrust leases.
- Stipulated Judgment:
- The Stipulated Judgment remains in abeyance for after-acquired lands subject to this act until February 1, 2066; then it applies in full.
- Labor Code protections:
- Privately funded tenant improvements on land leased under this act would be subject to certain Labor Code requirements if project costs exceed $50,000 (construction) or $30,000 (alteration/repair/maintenance), with thresholds adjusted annually for CPI starting January 1, 2027.
- The Port must provide notice of these requirements to lessees and prospective lessees.
- Legislative intent:
- The act clarifies that these provisions are tailored to Jack London Square and do not set a statewide precedent for other public trust lands.
Impact: Expands flexibility for leasing post-acquired lands at Jack London Square while preserving public trust uses and public access commitments; introduces annual reporting and labor-protection considerations for private improvements.
3) Who or what would be affected
- State Oil and Gas Supervisor: Clarified cross-reference for gravity-based energy storage wells.
- Wildfire and Forest Resilience Task Force: Definitions and references updated for consistency.
- State Lands Commission: Updated ballast water regulatory framework; alignment with federal standards.
- Port of Oakland (Jack London Square area): Extended period to lease after-acquired lands for nontrust uses; requirements to ensure public trust use and equity; annual reporting obligations; labor code considerations for private tenant improvements.
- Mariners and shipping interests: Ballast water regulatory changes could affect ballast water management requirements and Coast Guard coordination.
4) Procedural and timeline aspects
- Gravity-based energy storage authorization: Existing program remains in effect until 2035; cross-reference corrected (no new sunset date changes introduced beyond existing law).
- Ballast water regulations: Implemented in coordination with federal rules; no new long-term schedule specified beyond the outlined compliance framework.
- Jack London Square: After-acquired lands leasing framework extended to February 1, 2066; annual reporting starts by January 15, 2027.
- Labor Code requirements for private improvements: Triggered by project costs; CPI adjustments begin January 1, 2027.
Overall assessment
SB 1428 largely performs corrective and clarifying edits across multiple related areas, with a notable emphasis on Jack London Square governance and public trust protections, while also updating ballast water regulatory alignment and preserving or clarifying energy storage program authorities. The bill does not appear to create new, far-reaching programs but rather ensures statutory coherence and extended leasing flexibility under a public trust framework.
