SEC. 8.

The Legislature, in the exercise of its retained power as trustee of the public trust, and in view of the unique circumstances existing at the Howard Terminal property, hereby authorizes the following: (a) BCDC shall determine by February 28, 2020, or 140 days after the certification by the city of a project-level environmental impact report for the Oakland Sports and Mixed-Use Project, whichever is later, whether the Howard Terminal property and adjacent areas designated for port priority use, or portions of them, are no longer required for port priority use and shall be deemed free of the port priority use area designation for purposes of the Oakland Sports and Mixed-Use Project, or whether these areas are needed for port priority use and should continue in port priority use designation. If BCDC determines that these areas are no longer required for port priority use, BCDC and the Metropolitan Transportation Commission shall reprint the Seaport Plan and Bay Plan to reflect deletion of the port priority use designation on these areas. (b) Notwithstanding subdivision (a), if the port and the Oakland Athletics have not entered into a binding agreement by January 1, 2025, that allows for the construction of the Oakland Sports and Mixed-Use Project, the port priority use designation shall be automatically reinstated on the Howard Terminal property as if it had not been deleted pursuant to BCDC’s Seaport Plan and Bay Plan amendment process. If the port and the Oakland Athletics have entered into a binding agreement by January 1, 2025, that allows for the development of the project, but that agreement is subsequently terminated before construction has commenced on all or any portion of the Howard Terminal property, then the port priority use designation shall be automatically reinstated, if it had previously been deleted pursuant to BCDC’s Seaport Plan and Bay Plan amendment process, on the undeveloped portions of the Howard Terminal property for which the agreement has terminated. In either case, BCDC and the Metropolitan Transportation Commission shall reprint the Seaport Plan and the Bay Plan to reflect the reinstatement of the port priority use designation on the applicable areas, but this subdivision shall apply regardless of whether the conforming changes have been made. (c) Except as otherwise provided, this section does not limit the authority or the discretion of BCDC to consider amendments to the Seaport Plan or the Bay Plan to retain or remove Seaport Plan or Bay Plan port priority use designations from the Howard Terminal property and adjacent areas currently designated for port priority use.