BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1259|
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                                   THIRD READING 


          Bill No:  AB 1259
          Author:   Levine (D)
          Amended:  9/1/15 in Senate
          Vote:     27  - Urgency

           SENATE AGRICULTURE COMMITTEE:  3-0, 6/30/15
           AYES:  Galgiani, Cannella, Pan
           NO VOTE RECORDED:  Berryhill, Wolk

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 5/14/15 (Consent) - See last page for  
            vote

           SUBJECT:   Bees:  apiculture:  state-owned lands


          SOURCE:    Author
          
          DIGEST:  This bill requires the Department of Fish and Wildlife  
          (DFW) to consider authorizing, rather than permitting,  
          apiculture on department-managed wildlife areas; allows 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.

          ANALYSIS:   


          Existing law:









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          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).

          4)Authorizes 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.).

          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  







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            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 apiaries for up to five years at less than fair  
            market rent if the lease does not require exclusive use of the  
            land.
           
          6)Includes an urgency clause.

          Background


          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.   
          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."   







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          (  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  ).

          Comments


          AB 2185.  Last year, AB 2185 (Eggman, Chapter 338, Statutes of  
          2014) 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.







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           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).

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

          According to the Senate Appropriations Committee, this bill has  
          unknown administrative cost impacts, but potential minor  
          savings, to the Wildlife Restoration Fund (special) to allow  
          DFW-managed lands to be issued without competitive bidding;  
          unknown revenues losses, potentially in the tens of thousands of  
          dollars, to the General Fund and the Wildlife Restoration Fund  
          (special) for leases made below fair market value; and increased  
          costs for increased state liability (General Fund and various  
          special funds) for apiary activities on state lands.


          SUPPORT:   (Verified8/28/15)


          California State Beekeepers Association 
          San Diego County Board of Supervisors


          OPPOSITION:   (Verified8/28/15)







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          None received

          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."

          ASSEMBLY FLOOR:  78-0, 5/14/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina

          Prepared by:Anne Megaro / AGRI. / (916) 651-1508
          9/1/15 20:41:47


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