BILL ANALYSIS Ó
AB 1259
Page 1
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
AB 1259
(Levine) - As Amended March 26, 2015
SUBJECT: Bees: apiculture: state-owned lands
SUMMARY: Authorizes the Department of Fish and Wildlife (DFW)
to allow the temporary placement of bee hives on
department-managed wildlife areas, through simple agreements
specifying appropriate conditions. Specifically, this bill:
1)States legislative findings and declarations regarding the
importance of bees and other pollinators to agricultural
production and native ecosystems, and the threats to bees
posed by Colony Collapse Disorder.
2)Clarifies the Legislature's intent to increase apiculture bee
foraging opportunities on state lands managed by DFW, and not
to affect existing apiary sites on department-managed lands
previously approved for apiculture use.
3)States legislative findings and declarations, regarding the
need for a streamlined and efficient process to provide access
to public lands for California beekeepers to ensure that they
have adequate foraging grounds for bees. States further
findings that due to the unique regional and seasonal nature
AB 1259
Page 2
of apiculture, the public interest will best be served by
authorizing such uses on department-managed lands without
competitive bidding.
4)Authorizes the DFW to authorize the temporary placement of bee
hives on department-managed wildlife areas through simple
agreements specifying appropriate conditions. Provides that
these agreements are not contracts or leases for purposes of
competitive bidding and other provisions relating to public
contracts.
5)Authorizes DFW to continue any authorization for apiculture on
department-managed areas that it granted before January 1,
2015 without taking further action.
EXISTING LAW:
1)Requires DFW to consider permitting bee hives to be placed on
department managed wild land areas, where deemed appropriate
by DFW.
2)Requires DFW when updating its land management plans to
determine where lands suitable for apiculture are located,
consistent with the state's management goals and objectives
for those lands. Authorizes DFW to charge appropriate fees
and to consult with apiculture experts.
FISCAL EFFECT: Unknown
COMMENTS: This bill builds upon and furthers policy approved by
the Legislature last year to facilitate foraging opportunities
for bees on state lands, and makes clarifications to address
AB 1259
Page 3
issues that have arisen in the implementation of that policy.
1)Author's Statement: This bill seeks to benefit bees and bee
keepers by increasing apiculture bee foraging opportunities on
state lands managed by the DFW. This bill also clarifies
DFW's existing authority to authorize temporary placement of
bee hives on department-managed lands, and to continue
authorizations for placement of bee hives on state lands
previously granted by DFW prior to January 1, 2015. This bill
also makes legislative findings and declarations regarding the
importance of bees to agricultural production and native
ecosystems, and the risks of Colony Collapse Disorder.
2)Background: Bees pollinate billions of dollars of agricultural
crops in the United States, and are essential for pollination of
many of California's most important agricultural foods. Bees
are also at significant threat due to a condition called "Colony
Collapse Disorder (CCD)." More than 25% of the managed bee
population has disappeared in the last 25 years, and the number
of hives in commercial production is at its lowest in 50 years.
CCD and the loss of bees pose significant threats to our state
and national food supply and economic security.
Studies point to multiple contributing factors as contributing
causes of CCD, including varroa mites, viruses, habitat loss,
and pesticide use. The Assembly Environmental Safety and Toxic
Materials Committee and the Assembly Agricultural Committee held
a joint oversight hearing on CCD in 2013. Expert testimony
provided at the hearing identified loss of habitat, and the
difficulty of finding places to put bee hives as key challenges.
In particular, identifying local forage opportunities for bees
beyond orchards and agricultural fields was identified as a
necessary part of the solution. Potentially favorable sites may
include habitat strips along public highways and larger areas
with natural vegetation on state and federal public lands.
Bee keepers indicate that ensuring diverse forage opportunities
AB 1259
Page 4
for bees before and after the almond bloom is particularly
important in California. Over 810,000 acres in California are
currently in almond production, with the majority of these
orchards in the Central Valley. The almond industry in
California is the largest user of pollinator services in the
United States, requiring 1.6 million hives each Spring. When
almonds and other agricultural crops are not in bloom, a variety
of forage food is needed for bees that stay here all year. Bee
keepers are struggling to find places to put their hives during
the off season and when orchards are being sprayed with
pesticides and may be unsafe for bees to be present.
Last year, the Legislature passed and the Governor signed into
law AB 2185 by Assemblymember Eggman to encourage DFW to
increase opportunities for bee hives to be placed on state wild
lands. AB 2185 required DFW to consider permitting bee hives to
be placed on department-managed wildlife areas, where deemed
appropriate by DFW. It also required DFW when developing or
updating its land management plans to determine where lands
suitable for apiculture are located, consistent with the state's
management goals and objectives for those lands. It also
authorized DFW to charge appropriate fees and to consult with
apiculture experts.
While the intent of AB 2185 was to encourage more opportunities
for bee foraging on state lands, and not to create new obstacles
to such uses, questions have arisen regarding the Legislature's
intent and whether new preconditions are now required. For
example, some bee keepers who had previously received permission
to place their hives on public lands, and were anticipating such
approval to be granted again this season, were told that they
could not do so due to the passage of AB 2185, which was being
interpreted to place new requirements on such approvals. One of
those unanticipated requirements was that all such requests
would first have to be put out for competitive bidding and
approved by the Department of General Services. Such a process
could take months and may not be completed in time to meet the
AB 1259
Page 5
seasonal needs of bee keepers for foraging lands.
3)Prior or related legislation: AB 2185 (Eggman), Chapter 338,
Statutes of 2014, requires DFW to consider permitting bee hives
to be placed on department managed wild land areas, where deemed
appropriate by DFW, and requires DFW when updating its land
management plans to determine where lands suitable for
apiculture are located, consistent with the state's management
goals and objectives for those lands. It also authorizes DFW to
charge appropriate fees and to consult with apiculture experts.
AB 2185 passed the Assembly on a vote of 77-0.
4)Proposed Amendments: The author proposes adoption of committee
amendments to add an urgency clause to this bill. The facts
constituting the necessity for the urgency clause is that in
order for beekeepers who relied on and are dependent on prior
approval from DFW to place their bee hives on department-managed
lands for seasonal foraging purposes, it is necessary that this
bill take effect immediately. The Assembly Rules Committee has
approved the addition of the urgency clause.
REGISTERED SUPPORT / OPPOSITION:
Support
San Diego County Board of Supervisors
State Bee Keepers Association
AB 1259
Page 6
Opposition
None on file.
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096