BILL ANALYSIS Ó
SENATE COMMITTEE ON AGRICULTURE
Senator Cathleen Galgiani, Chair
2015 - 2016 Regular
Bill No: AB 1259 Hearing Date: 6/30/15
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|Author: |Levine |
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|Version: |6/24/15 Amended |
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|Urgency: |Yes | Fiscal: |Yes |
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|Consultant:|Anne Megaro |
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Subject: Bees: apiculture: state-owned lands.
SUMMARY :
This bill would require the Department of Fish and Wildlife to
consider authorizing, rather than permitting, apiculture on
department-managed wildlife areas; would allow the department to
temporarily authorize the placement of bee hives on these lands
through simple lease or permit agreements that are not subject
to competitive bidding; and makes findings and declarations.
This bill contains an urgency clause.
BACKGROUND AND EXISTING
LAW :
The U.S. honey bee industry is critical for the pollination of
agricultural crops across the nation. In California, honey bees
are necessary to pollinate fruit and nut trees as well as a
variety of row crops and native plants. These bees also produce
honey; in 2013, California producers marketed 11 million pounds
of honey worth $23 million (United States Department of
Agriculture, National Agricultural Statistics Service).
In 2006, honey bee colony collapse disorder (CCD) was identified
as a new threat to the health and welfare of honey bees and
their hives when over 30% of bee hives nationwide died off over
the winter. CCD is characterized by a sudden abandonment and/or
disappearance of adult honey bees from their hives for reasons
not fully understood. In response to this problem, the CCD
Steering Committee and Working Team was created to help
coordinate efforts to better understand CCD and determine what
measures could be taken to improve bee health and prevent CCD.
AB 1259 (Levine) Page 2 of ?
Led by the United States Department of Agriculture (USDA),
participants include government, industry, and academic experts
who collaborate to conduct research, develop beekeeping best
management practices, and identify the cause(s) of CCD and
declining bee health in general.
In May 2013, the USDA and the United States Environmental
Protection Agency (EPA) issued a report on honey bee health as a
result of an October 2012 conference organized by individuals on
the CCD Steering Committee. Per the conference report,
"Consensus is building that a complex set of stressors and
pathogens is associated with CCD, and researchers are
increasingly using multi-factorial approaches to studying causes
of colony losses."
( http://www.usda.gov/documents/ReportHoneyBeeHealth.pdf ).
On May 19, 2015, President Obama's Pollinator Health Task Force,
co-chaired by USDA and EPA, released the National Strategy to
Promote the Health of Honey Bees and Other Pollinators (National
Strategy). The National Strategy outlines a comprehensive
approach aimed at reducing the impact of multiple stressors,
including pests and pathogens, reduced habit, lack of forage,
and exposure to pesticides. The National Strategy's goals
include reducing honey bee colony losses over winter to no more
than 15% within 10 years, increasing the Eastern population of
monarch butterflies, and restoring or enhancing 7 million acres
of land for pollinators over the next five years though federal
actions and public/private partnerships.
( https://www.whitehouse.gov/sites/default/files/microsites/ostp/P
ollinator%20Health%20Strategy%202015.pdf ).
Existing law:
1) Authorizes the California Department of Food and
Agriculture (CDFA) to protect pollinator health and promote
apiculture in California (Food and Agricultural Code §29000
et seq.).
2) Authorizes county agricultural commissioners to enforce
apiary laws and regulations at the local level.
3) Prohibits any person from maintaining an apiary on
public land without the expressed oral or written approval
of the entity that is responsible for the land (Food and
Agricultural Code §29046).
AB 1259 (Levine) Page 3 of ?
4) Authorizes the Department of Fish and Wildlife (DFW) to
lease department-managed lands for agricultural activities,
such as grazing, where such activities are consistent with
the purpose of the acquired land and compatible with the
approved management plan for the area (Fish and Game Code
§1745 - 1745.1).
5) Authorizes DFW to consider permitting apiculture on
department-managed wildlife areas, where deemed
appropriate.
6) Authorizes DFW to collect fees and issue permits for
specific uses of department-managed lands. Fees shall be
appropriated for the management and operation of such
lands.
7) Authorizes the Department of General Services (DGS),
with consent of the affected agency, to lease state land
below the fair market rate for specified purposes
(Government Code § 14670 et seq.).
PROPOSED
LAW :
This bill:
1) Makes findings and declarations in regards to honeybee
health and foraging.
2) Repeals the use of permits for apiculture on
department-managed wildlife areas.
3) Authorizes the DFW to allow temporary placement of bee
hives on department-managed wildlife areas through simple
lease or permit agreements. These agreements are not
subject to competitive bidding requirements.
4) Authorizes DFW to continue any authorization for
apiculture on department-managed areas that it granted
before January 1, 2015, without taking further action.
5) Authorizes DGS, with consent of the affected agency, to
lease state land to commercial apiaries for up to five
years at less than fair market value.
AB 1259 (Levine) Page 4 of ?
6) Includes an urgency clause.
ARGUMENTS IN SUPPORT:
According to the author, "AB 1259 benefits bees and beekeepers
by increasing apiculture bee foraging opportunities on state
lands managed by the Department of Fish and Wildlife. This bill
clarifies DFW's existing authority to authorize temporary
placement of bee hives on department-managed wildlife areas, and
to continue authorizations for placement of bee hives on state
lands previously granted by DFW before January 1, 2015. AB 1259
also clarifies the Legislature's intent in passing AB 2185
(Eggman) in 2014 was to increase apiculture opportunities on
state lands, and not to create new barriers. AB 1259
acknowledges the importance of bees and the need for a
streamlined and efficient method for providing access to
appropriate public lands for bee foraging."
COMMENTS :
AB 2185. Last year, AB 2185 (Eggman) was signed into law and
requires DFW to consider permitting apiculture on
department-managed lands. During implementation of this new
authorization, it was discovered that additional changes to
current law were necessary to fully achieve the goals of AB
2185. The greatest concern was that beekeepers would be
required to partake in a competitive bidding process that would
not be timely considering the seasonal nature of apiculture and
the immediate need for available foraging land. The current
bill clarifies DFW's authority and streamlines the process for
beekeepers to access DFW land.
Interim hearing. The Assembly Committee on Agriculture and the
Assembly Committee on Environmental Safety & Toxic Materials
held a joint informational hearing on October 16, 2013 on the
issue of bee health and colony collapse disorder. Expert
witnesses testified that a variety of stressors are responsible
for the decline in honey bee health, such as nutrition,
parasitic mites, pesticides, viruses, and bee management
practices. This hearing recognized that identifying local
forage opportunities for bees is a necessary part of the
solution, and that potentially favorable sites include habitat
strips along public highways and natural vegetation areas on
state and federal public lands.
AB 1259 (Levine) Page 5 of ?
Nutrition. Several factors contributing to CCD and poor bee
health have been identified by experts, as previously stated.
It can be argued from a physiological standpoint that by
addressing nutritional requirements bees will have the
fundamental tools needed to support a healthy immune system to
fight parasites and pathogens as well as a variety of other
environmental stressors. Meeting these nutritional requirements
has been challenging, where in some instances bees are not
provided adequate and diverse foraging.
Bees and agriculture. There may be concern as to the impact of
this bill on certain agricultural crops, specifically seedless
citrus varieties. In 2007, the Seedless Mandarin and Honeybee
Coexistence Working Group was created to address concerns of
cross-pollination of seedless mandarins that could lead to seeds
forming within these fruits, causing them to no longer be
seedless and, thus, losing value in the marketplace. Similar
concerns may exist with this bill should honey bees be placed on
state lands adjacent to sensitive agricultural crops (Food and
Agricultural Code §29810-12).
RELATED
LEGISLATION :
AB 2185 (Eggman), Chapter 338, Statutes of 2014. Requires the
Department of Fish and Wildlife to consider permitting
apiculture on department-managed lands.
AB 1912 (Evans), Chapter 585, Statutes of 2010. Creates the
California Apiary Research Commission in state government to
conduct research and education programs regarding the health and
welfare of honey bees and the beekeeping industry.
PRIOR
ACTIONS :
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|Assembly Floor: |78 - 0 |
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|Assembly Appropriations Committee: |17 - 0 |
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|Assembly Water, Parks and Wildlife |15 - 0 |
AB 1259 (Levine) Page 6 of ?
|Committee: | |
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SUPPORT :
California State Beekeepers Association
San Diego County Board of Supervisors
OPPOSITION :
None received
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