Amended in Assembly April 29, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1259


Introduced by Assembly Member Levine

February 27, 2015


An act to amend Section 1745.2 of the Fish and Game Code, relating to beesbegin insert, end insertbegin insertand declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1259, as amended, Levine. Bees: apiculture: state-owned lands.

Existing law requires the Department of Fish and Wildlife to consider permitting apiculture on department-managed wildlife areas.begin delete Existing law requires the department, when developing or amending its land management plans, to make certain determinations relating to the use of the department-managed wildlife areas for apiculture.end delete

This bill would instead require the department to consider authorizing apiculture on department-managed wildlife areas.

The bill would authorize the department to authorize the temporary placement of bee hives on department-managed wildlife areas through simple agreements specifying appropriate conditions. The bill would provide that these agreements are not contracts or leases for purposes of competitive bidding provisions and other provisions relating to public contracts in the Public Contract Code and the Government Code.

The bill would authorize the department to continue any authorization for apiculture on department-managed lands that it granted before January 1, 2015, without taking further action.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

The Legislature finds and declares as follows:

2(a) Bees and other pollinators are critical to agricultural
3production and native ecosystems. Bees pollinate billions of dollars
4of agricultural crops in the United States, including many of
5California’s most important agricultural crops.

6(b) Bees are at significant risk of harm due to a condition known
7as Colony Collapse Disorder (CCD). In the United States alone,
8more than 25 percent of the managed bee population has
9disappeared since 1990 and the number of hives is at its lowest
10number in 50 years. CCD and the loss of bees is a significant threat
11to our state and national food supply and economic security.

12(c) A viable and productive honeybee industry is dependent on
13access to private and public lands to secure nectar and pollen
14resources for nutritional foraging opportunities.

15(d) There is a need for a streamlined and efficient method to
16provide access to public lands for California beekeepers to ensure
17that they have adequate foraging grounds for their bees.

18(e) The Legislature’s intended purpose in enacting Section
191745.2 of the Fish and Game Codebegin delete isend deletebegin insert wasend insert to increase apiculture
20bee foraging opportunities on state lands managed by the
21Department of Fish and Wildlife, and not to affect existing apiary
22sites on department-managed lands previously approved for
23apiculture use.

24(f) Due to the unique regional and seasonal nature of apiculture,
25the public interest will be best served by authorizing such uses on
26department-managed lands without competitive bidding.

27

SEC. 2.  

Section 1745.2 of the Fish and Game Code is amended
28to read:

29

1745.2.  

(a) The department shall do both of the following:

30(1) Consider authorizing apiculture on department-managed
31wildlife areas, where deemed appropriate by the department.

32(2) Determine, when developing or amending its land
33management plans, the following:

P3    1(A) If the department-managed wildlife areas, or any portion
2of the those areas, are suitable for apiculture and whether apiculture
3is consistent with the management goals and objectives for those
4areas on a temporary, seasonal, or long-term basis.

5(B) If the administration of apiculture on department-managed
6wildlife areas, where deemed appropriate by the department, is
7meeting the management goals and objectives for those areas.

8(C) The appropriate fee to be assessed for conducting apiculture
9on department-managed wildlife areas.

10(b) The department, in implementing this section, may consult
11with apiculture experts, including, but not limited to, the
12Department of Food and Agriculture, the University of California,
13other academic or professional experts, and interested stakeholders,
14 when considering authorizing apiculture on department-managed
15wildlife areas consistent with the respective management goals
16and objectives for those areas.

17(c) Moneys collected for conducting apiculture on
18department-managed wildlife areas pursuant to subparagraph (C)
19of paragraph (2) of subdivision (a) shall be deposited by the
20department into the Wildlife Restoration Fund and, upon
21appropriation by the Legislature, be used to support the
22management, maintenance, restoration, and operation of
23department-managed wildlife areas.

24(d) The department may authorize the temporary placement of
25bee hives on department-managed wildlife areas through simple
26agreements specifying appropriate conditions. These agreements
27are not contracts or leases for purposes of competitive bidding
28provisions and other provisions relating to public contracts in the
29Public Contract Code and Government Code.

30(e) The department may continue any authorization for
31apiculture on department-managed areas that it granted before
32January 1,begin delete 2015end deletebegin insert 2015,end insert without taking further action.

33begin insert

begin insertSEC. 3.end insert  

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This act is an urgency statute necessary for the
34immediate preservation of the public peace, health, or safety within
35the meaning of Article IV of the Constitution and shall go into
36immediate effect. The facts constituting the necessity are:

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37In order for beekeepers, who relied on and are dependent on
38prior approval from the Department of Fish and Wildlife, to place
P4    1their bee hives on department-managed lands for seasonal foraging
2purposes, it is necessary for this act to take effect immediately.

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