Amended in Assembly April 23, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2185


Introduced by Assembly Member Eggman

(Principal coauthor: Senator Wolk)

February 20, 2014


An act to add Sectionbegin delete 29046.5end deletebegin insert 29001.5end insert to the Food and Agricultural Code, relating to bees.

LEGISLATIVE COUNSEL’S DIGEST

AB 2185, as amended, Eggman. Bees: foraging:begin delete publicend deletebegin insert state-ownedend insert lands.

Existing law prohibits a person from locating or maintaining an apiary on any public land without the expressed oral or written approval of the entitybegin delete whichend deletebegin insert thatend insert owns, leases, controls, or occupies the land, as specified.

This bill wouldbegin delete require a public entity, on public lands it owns, leases, controls, or occupies, to designate areas that may be used for a person to locate or maintain an apiary for purposes of bee foraging. The bill would also make findings and declarations related to bee foraging. By requiring local public entities to designate these areas, the bill would impose a state-mandated local programend deletebegin insert declare it a policy of the state that the Department of Fish and Wildlife and the Department of Transportation shall encourage apiculture on the lands that those departments respectively manage. The bill would require those departments, if developing or amending land use plans or with respect to lands that are idle or through which a right-of-way has been granted, to take certain actions relating to the use of the lands for apiculture. The bill would require the Secretary of Food and Agriculture, to the extent possible, to assist in these effortsend insert.

begin delete

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete
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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3(a) The honeybee industry is under tremendous pressures due
4to multiple challenges, including, but not limited to, parasitic mites,
5poor nutrition, lack of diverse forage, changing environments due
6to long distance hauls, and native and manmade toxins.

end insert
begin insert

7(b) A viable and productive honeybee industry is dependent on
8access to private and public lands to secure nectar and pollen
9resources for nutritional foraging opportunities.

end insert
begin insert

10(c) There is a need for a streamlined and efficient administrative
11method to provide access to public lands for California beekeepers
12to ensure that they have adequate foraging grounds for their bees.

end insert
begin insert

13(d) The Legislature recognizes the importance of the honeybee
14industry in helping to ensure food security, boost regional jobs,
15and support the state’s multibillion dollar agricultural industry.
16Accordingly, the Legislature seeks to encourage and support bee
17foraging on public lands.

end insert
18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 29001.5 is added to the end insertbegin insertFood and Agricultural
19Code
end insert
begin insert, to read:end insert

begin insert
20

begin insert29001.5.end insert  

(a) It is the policy of the state that the Department
21of Fish and Wildlife and the Department of Transportation shall
22encourage apiculture on the lands that those departments
23respectively manage. The Department of Fish and Wildlife and
24the Department of Transportation, if developing or amending land
25use plans or with respect to lands that are idle or through which
26a right-of-way has been granted, shall do all of the following:

P3    1(1) Maximize the coexistence and minimize the conflict between
2apiculture and other public land uses, values, and public safety.

3(2) Establish an efficient, effective, and uniform system for the
4management and administration of apiculture on public lands.

5(3) Ensure that the state receives an appropriate financial return
6from the use of a public resource.

7(b) The secretary shall assist, to the extent possible, in the efforts
8of these departments to accomplish apiculture access on their
9respective state-owned lands.

end insert
begin delete
10

SECTION 1.  

The Legislature finds and declares all of the
11following:

12(a) Bee foraging on public lands is an important element for the
13increase of native plants.

14(b) Bee foraging can enhance the goals of a public agency’s
15land management plans.

16(c) Bee foraging will enhance existing plant communities.

end delete
begin delete17

SEC. 2.  

Section 29046.5 is added to the Food and Agricultural
18Code
, to read:

19

29046.5.  

A public entity, on public lands it owns, leases,
20controls, or occupies, shall designate areas that may be used for a
21person to locate or maintain an apiary for purposes of bee foraging.

end delete
begin delete
22

SEC. 3.  

If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.

end delete


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