BILL ANALYSIS Ó AB 2185 Page 1 Date of Hearing: April 30, 2014 ASSEMBLY COMMITTEE ON AGRICULTURE Susan Talamantes Eggman, Chair AB 2185 (Eggman) - As Amended: April 23, 2014 SUBJECT : Bees: foraging: state-owned lands. SUMMARY : Creates a new policy for the Department of Fish and Wildlife (DFW) and the Department of Transportation (CalTrans) to encourage apiculture (beekeeping) on their respective state-owned lands. Specifically, this bill : 1)Makes legislative findings regarding the challenges and needs of the honeybee industry, and states that the Legislature recognizes the importance of the honeybee industry and seeks to encourage and support bee foraging on public lands. 2)Requires that the policy of DFW and CalTrans is to encourage apiculture (beekeeping) on lands they respectively manage; requires DFW and CalTrans, when developing or amending land use plans or on idle or right-of-way lands, to do the following: a) Maximize the coexistence and minimize the conflict between beekeeping and other public land uses, values, and public safety; b) Establish an efficient, effective and uniform management and administrative system for beekeeping on public lands; and, c) Ensure the state receives appropriate compensation for the use of state-owned lands. 3)Requires the California Department of Food and Agriculture (CDFA), to the extent possible, assist DFW and CalTrans to accomplish beekeeping access on their respective state-owned lands. EXISTING LAW requires DFW to develop management plans for various fisheries, wildlife and habitats; for parcels wholly within its jurisdiction, and subject to an appropriation of funds by the Legislature for that purpose, DFW is required to prepare draft management plans for public review within 18 months of the acquisition date; requires public participation in the development of a management plan, and reasonably reduces possible conflicts with neighboring land use and landowners, including agriculturists; and, AB 2185 Page 2 plans must comply with the California Environmental Quality Act. Permits DFW, notwithstanding any other provision of its code, to lease DFW-managed lands for agricultural activities, including, but not limited to, grazing, where consistent with the purpose for which the lands were acquired, and are compatible with the DFW's approved management plan for that area. Moneys collected from agricultural leases entered into shall be deposited into the Wildlife Restoration Fund and, upon appropriation by the Legislature, may be used to support the management, maintenance, restoration, and operations of DFW-managed lands. CalTrans may lease to public agencies or private entities, for any term not to exceed 99 years, the use of areas above or below state highways, subject to any reservations, restrictions, and conditions that it deems necessary to ensure adequate protection to the safety and the adequacy of highway facilities and to abutting or adjacent land uses; requires CalTrans, prior to entering into any lease, to determine that the proposed use is not in conflict with the zoning regulations of the local government concerned; requires leases be made in accordance with procedures prescribed by the commission, except that, in the case of leases with private entities, the leases shall only be made after competitive bidding, unless the commission finds, by unanimous vote, that in certain cases competitive bidding would not be in the best interests of the state; and, revenues from the leases shall be deposited into the State Highway Account. FISCAL EFFECT : Unknown. Legislative Counsel has keyed this bill fiscal. COMMENTS : Bee populations have been declining for many years due to multiple causes, and when they are combined, it appears to create a potential catastrophic impact, which has become known as Colony Collapse Disorder (CCD). It is estimated that since 2006, one-third of our nation's bees have been lost, on average, each year, to CCD. Researchers in California are trying to find an assortment of bee-friendly plants that farmers and ranchers can easily grow in unusable corners of land or on government support set aside lands. Bees can forage up to four miles for food and water. This committee held a joint informational hearing on "Bee Colony Collapse Disorder" with the Assembly Committee on Environmental Safety and Toxic Materials in October 2013. Bees are essential for the pollination of many native plants, as well as, commercial crops. The bee industry's economic base has shifted from honey production to pollination, with beekeepers traveling the nation to supply bees AB 2185 Page 3 to pollinate commercial crops such as almonds. From testimony presented at that hearing, the need for additional foraging lands for beekeepers was one of the principal needs to assist in keeping a healthy bee population in California. With California being in a severe drought, and the significant reduction in acreage planted this year, bee foraging opportunities will be a greater challenge. AB 2185 is an effort to create more foraging opportunities for California beekeepers by directing two state entities to encourage beekeeping on the lands they control, to the extent of meeting their management objectives. The author's objective is to provide access to state lands for the purpose of bee foraging. During the development of DFW area management plans, the public does have the opportunity for input, but due to the bee industry being small, they do not have the wherewithal to comment on plans up and down the state. CDFA's assistance could help these departments in identifying properties, creating appropriate plans, and reimbursement schedules for the placement of bee hives. There are concerns that, due to proposed pesticide label changes, the placement of bee hives in proximity to certain crops may restrict the farmers' options for the treatment of certain pests. The committee may wish to clarify that placement of bees should not impact normal agricultural practices on properties surrounding the placement locations. REGISTERED SUPPORT / OPPOSITION : Support Pesticide Action Network, North America Opposition None on file. Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084