BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair AB 2185 (Eggman) - Bees: foraging: state-owned lands. Amended: April 23, 2014 Policy Vote: Ag 5-0 Urgency: No Mandate: No Hearing Date: August 4, 2014 Consultant: Marie Liu This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 2185 would direct the Department of Fish and Wildlife (DFW) and the Department of Transportation (DOT) to encourage apiculture on lands which those departments manage. Fiscal Impact: On-going costs of at least $110,000 annually from the General Fund to DFW to develop and amend land use plans and to process permit applications. Unknown, but likely minor, revenue increases to the General Fund for private use of a public lands. Unknown liability costs to the state. Background: Commercial beekeepers are currently allowed to use some federal lands, including National Forests lands, for temporary foraging. Additionally, DFW has allowed bee keeping on its lands in some limited cases. DFW does not have an actual policy on allowing beekeeping, commercial or otherwise, on their lands but has handled requests by beekeepers on a case-by-case basis. Proposed Law: This bill would declare it the policy of the state that DFW and DOT shall encourage apiculture on the lands that those departments respectively manage. Specifically, if either department is developing or amending land use plans, it must maximize the coexistence and minimize the conflict between apiculture and other public land uses, values, and public safety; establish an efficient, effective, and uniform system for the management and administration of apiculture on public lands; and ensure that the state receives an appropriate financial return from the use of a public resources. AB 2185 (Eggman) Page 1 This bill would require the Secretary of Food and Agriculture to assist DFW and DOT's efforts in allowing apiculture access to state lands. Related Legislation: AB 2777 (LaMalfa, 2008) would have required the Resources Agency to establish a statewide policy on the use of public lands for honeybee keeping. AB 2777 was held under submission by the Senate Appropriations Committee. AB 1912 (Evans) Chapter 585, Statutes of 2010 created the California Apiary Research Commission to conduct research and education programs regarding the health and welfare of honey bees and the beekeeping industry. Staff Comments: DFW manages over 570 properties in the state, although only 14 are actively managed. These lands are held and managed, either actively or passively, for wildlife habitat or other resource values. Management of DFW lands for wildlife is not necessarily innately consistent with apiary needs as honeybees are non-native species which can have impacts on native ecosystems. As such, developing land use plans for DFW lands in accordance with this bill will require an increase in staff workload. The amount of required staff time to develop an appropriate or amend a land use plan to encourage apiculture on the lands will vary with each of the DFW properties. The likely workload is likely to necessitate at least $110,000 in staff time annually. Because the DFW has no special funds that could be used for this activity, these costs would be borne by the General Fund. This bill requires that the land use plans ensure that the state receives an appropriate financial return from the use of a public resource. Such a provision is similar to how fees are required for use of federal lands for grazing purposes. Such a requirement may result in some revenues to DFW to offset their costs. However, it is anticipated that the usage of DFW lands for apiary purposes is likely to be low based on the limited requests that state resource lands have received in the past and the fact that beekeeping is likely inconsistent with many of DFW lands. Therefore, revenues are likely to be minor. This bill also requires that DOT encourage apiculture use on DOT managed lands. These properties are much less likely to have AB 2185 (Eggman) Page 2 ecological issues to balance compared to DFW lands, thus identifying lands that may be suitable for apiary purposes is likely to be minor and absorbable. Leases of DOT lands for apiary purposes may bring in some revenue, though similar to revenues from DFW lands, staff believes such revenue is likely to be minor. To the extent that the DFW or DOT lands identified as suitable for apiary purposes are open to the public, there may be increased liability exposure to the state for any increased hazards that the apiary activities may cause.