BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 559|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 559
          Author:   Lopez (D)
          Amended:  8/26/15 in Senate
          Vote:     21  

           SENATE NATURAL RES. & WATER COMMITTEE:  7-2, 6/23/15
           AYES:  Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk
           NOES:  Stone, Vidak

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 7/6/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  58-18, 4/30/15 - See last page for vote

           SUBJECT:   Monarch butterflies: conservation


          SOURCE:    Author

          DIGEST:   This bill authorizes the Department of Fish and  
          Wildlife (DFW) to take actions to conserve monarch butterflies  
          and their habitat.

          Senate Floor Amendments of 8/26/15 provide additional clarity  
          into the actions DFW should consider in order to conserve  
          monarch butterflies and their habitats.

          ANALYSIS: 
          
          Existing law:

          1)Tasks DFW with managing California's diverse fish, wildlife,  








                                                                     AB 559  
                                                                    Page  2


            and plant resources, and the habitats upon which they depend,  
            for their ecological values and for their use and enjoyment by  
            the public. 

          2)Defines 'wildlife' as "all wild animals, birds, plants, fish,  
            amphibians, reptiles, and related ecological communities,  
            including the habitat upon which the wildlife depends for its  
            continued viability." (Fish and Game Code (FGC) Section 711.2)  


          3)Allows DWF to expend the monies necessary for research and  
            "the conservation, propagation, protection, and perpetuation  
            of birds and the nests and eggs thereof, and of mammals,  
            reptiles, and fish." (FGC Section 1000).

          4)States that it is California's policy to "anticipate and  
            resolve potential conflicts between the management,  
            conservation, and protection of fish and wildlife resources  
            and their habitat and private and public activities that may  
            affect them." (FGC Section 1017)

          5)Declares that California should "conserve, protect, restore,  
            and enhance any endangered species or any threatened species  
            and its habitat and that it is the intent of the Legislature,  
            consistent with conserving the species, to acquire lands for  
            habitat for these species." (FGC Section 2052)

          This bill adds Section 1021 to FGC. Specifically, this bill  
          allows DFW to:

          1)Take actions to conserve monarch butterflies and their  
            habitat. These actions may include, but are not limited to: 

             a)   Habitat restoration on department lands

             b)   Education programs

             c)   Voluntary agreements with private landowners

          2)Partner with federal agencies, nonprofit organizations,  
            academic programs, private landowners, and other entities that  
            undertake actions to conserve monarch butterflies and aid  
            their successful migration, including the Monarch Joint  
            Venture.







                                                                     AB 559  
                                                                    Page  3



          3)Use the best available science and consider, as appropriate,  
            all of the following actions:

             a)   Restoring or revegetating monarch caterpillar habitat  
               using regionally or locally appropriate native milkweed  
               species.

             b)   Restoring or revegetating adult monarch butterfly  
               habitat using regionally or locally appropriate native  
               nectar plant species.

             c)   Controlling nonnative weed species that threaten native  
               milkweed species using current best management practices  
               consistent with integrated pest management principles that  
               pose low risk to monarch butterflies and their habitat.

             d)   Incorporating diverse tree species, structures, and  
               arrangements when restoring or establishing winter habitat  
               sites to match monarch butterfly preferences for  
               temperature, light, moisture, wind, and other microclimate  
               characteristics.

             e)   Controlling pests and disease in monarch butterfly  
               habitat using natural biological measures and alternative  
               nonspray weed management strategies.

             f)   Increasing the number of partnerships and making the  
               most of partnerships to use residential and institutional  
               landscaped areas, agricultural noncropped lands,  
               transportation corridors, and conservation easements to  
               create, restore, or enhance monarch butterfly habitat.

          Comments
          
          Overwintering habitat. California is one of the few places that  
          monarch butterflies settle in over the winter. The maintenance  
          of their habitat is crucial to ensuring the continued existence  
          of monarch butterflies within the United States. In addition,  
          maintaining the health of these habitats will likely have  
          positive benefits for a number of other pollinator species.

          Clarification of DFW authority. Although DFW is tasked with  
          protecting wildlife within California, insects are not included  







                                                                     AB 559  
                                                                    Page  4


          in the codified definition of wildlife. In addition, the  
          California Endangered Species Act does not include a category  
          for insects. This bill clarifies that DFW has the authority to  
          take steps to protect monarch butterflies and their habitat. It  
          also provides them with the authority to partner with outside  
          agencies, such as the Monarch Joint Venture, to increase  
          education about and oversight of monarchs within California.

          Related/Prior Legislation
          
          In 1987, the Legislature passed AB 1671 to recognize monarch  
          butterfly overwintering sites as a natural resource. In 1988,  
          California voters approved Prop 70, which included a $2 million  
          bond allocation to purchase monarch butterfly habitat (Public  
          Resources Code Section 5907).

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, there are  
          unknown additional potential cost pressures, but likely minor,  
          to the Fish and Game Preservation Fund (special) to take  
          conservation actions, including habitat restoration projects, to  
          conserve monarch butterflies.


          SUPPORT:   (Verified8/27/15)


          California League of Conservation Voters
          California Native Plant Society
          Monarch Joint Venture
          Sierra Club California 
          The Xerces Society


          OPPOSITION:   (Verified8/27/15)


          None received


          ARGUMENTS IN SUPPORT:     The Sierra Club California writes that  
          "monarch butterflies hold an important position in the ecosystem  







                                                                     AB 559  
                                                                    Page  5


          as pollinators and depend on their habitats to complete a  
          successful migration through California." This bill will "help  
          to protect these essential habitats through restoration,  
          education programs, and voluntary agreements with private  
          landowners
           

          ASSEMBLY FLOOR:  58-18, 4/30/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla,  
            Bonta, Brown, Burke, Calderon, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon,  
            Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina,  
            Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins
          NOES:  Bigelow, Brough, Chang, Beth Gaines, Gallagher, Grove,  
            Harper, Jones, Kim, Mathis, Mayes, Melendez, Obernolte, Olsen,  
            Patterson, Steinorth, Wagner, Waldron
          NO VOTE RECORDED:  Campos, Chau, Chávez, Gray

          Prepared by:Angee Doerr / N.R. & W. / (916) 651-4116
          8/27/15 13:47:59


                                   ****  END  ****