Amended in Senate September 1, 2015

Amended in Senate June 24, 2015

Amended in Assembly April 29, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1259

Introduced by Assembly Member Levine

February 27, 2015

An act to amend Section 1745.2 of the Fish and Game Code, and to add Section 14670.14 to the Government Code, relating to bees, and declaring the urgency thereof, to take effect immediately.

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 begin delete areas. end delete begin insert areas, and requires the department to determine, when developing or amending its land management plans, end insert begin insert the appropriate use or permit fee to be assessed for conducting apiculture on department-managed wildlife areas. end insert

This bill would instead require the department to consider begin delete authorizing end delete begin insert authorizing, rather than permitting, end insert apiculture on department-managed wildlife areas. begin insert The bill would require the department to determine the appropriate fee and lease rent to be assessed for conducting apiculture on department-managed wildlife areas, would specify that the fee determined by the department for those purposes shall be sufficient to recover the administrative and implementation costs of the department, and would require the lease rent end insert begin insert to take into account if the lease is a nonexclusive use of the land. end insert

The bill would authorize the department to authorize the temporary placement of beehives on department-managed wildlife areas through simple lease or permit agreements specifying appropriate begin delete conditions. The bill would provide end delete begin insert conditions end insert begin insert and would provide end insert that these agreements are not subject to competitive bidding requirements.

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.

Existing law generally authorizes the Director of General Services, with the consent of the agency concerned, to let any real or personal state property in accordance with specified requirements.

This bill would authorize the director to let state land for begin delete commercial end delete apiary purposes, and would authorize the director to lease state land for those purposes for less than fair market begin delete value. end delete begin insert rent if the lease for apiary purposes does not require exclusive use of the land. end insert

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

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

The Legislature finds and declares as follows:

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

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

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

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

(e) The Legislature’s intended purpose in enacting Section
1745.2 of the Fish and Game Code was to begin delete increase end delete begin insert consider the
appropriate use of the state’s wildlife areas for end insert apiculture bee
foraging begin delete opportunities on state lands managed by the Department
of Fish and Wildlife, and not to affect existing apiary sites on
department-managed lands previously approved for apiculture use. end delete
begin insert opportunities. end insert

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

SEC. 2.  

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

1745.2.  

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

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

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

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

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

(C) The appropriate fee begin insert and lease rent end insert to be assessed for
conducting apiculture on department-managed wildlife areas. begin insert The
amount of the fee shall be sufficient to recover, but not exceed, all
reasonable administrative and implementation costs of the
department. The lease rent end insert begin insert shall take into account whether the
lease is a nonexclusive use of the land. end insert

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

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

(d) The department may authorize the temporary placement of
beehives on department-managed wildlife areas through simple
lease or permit agreements specifying appropriate conditions.
These agreements are not subject to competitive bidding
requirements.

(e) The department may continue any authorization for
apiculture on department-managed areas that it granted before
January 1, 2015, without taking further action.

SEC. 3.  

Section 14670.14 is added to the Government Code,
to read:

14670.14.  

(a)  begin delete Notwithstanding end delete begin insert Pursuant to end insert Section 14670,
the Director of General Services, with the consent of the agency
concerned, may let for a period not to exceed five years state land
for begin delete commercial end delete apiary purposes.

(b) The director may lease state land pursuant to this section
for less than fair market begin delete value. end delete begin insert rent end insert begin insert if the lease for apiary purposes
does not require exclusive use of the land. end insert

SEC. 4.  

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

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