BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1259


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1259 (Levine)


          As Amended  September 1, 2015


          2/3 vote. Urgency


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          |ASSEMBLY:  |78-0  |(May 14, 2015) |SENATE: | 40-0 |(September 3,    |
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          Original Committee Reference:  W., P., & W.


          SUMMARY:  Authorizes the Department of Fish and Wildlife (DFW)  
          to allow the temporary placement of beehives on  
          department-managed wildlife areas, through simple lease or  
          permit agreements specifying appropriate conditions, and  
          authorizes the Department of General Services (DGS) to let  
          public lands for apiary purposes for less than fair market  
          rental if the lease for apiary purposes does not require  
          exclusive use of the land. 


          The Senate amendments:


          1)Authorize DGS, with consent of the agency concerned, to let  
            for a period not to exceed five years state land for apiary  
            purposes, and to let the property for these purposes for less  
            than fair market rental if the lease for apiary purposes does  
            not require exclusive use of the land.








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          2)Authorize DFW to determine the appropriate fee and lease  
            rental to be assessed for conducting apiculture on  
            department-managed wildlife areas.  Specify that the fee shall  
            recover, but not exceed, all reasonable administrative and  
            implementation costs of DFW, and that the lease rental shall  
            take into account if the lease is a nonexclusive use of the  
            land.


          3)Modify the legislative findings and declarations in the bill,  
            and make other technical changes.


          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:  According to the Senate Appropriations  
          Committee:


          1)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.


          2)Unknown revenues losses, potentially in the tens to hundreds  
            of thousands of dollars, to the General Fund and the Wildlife  
            Restoration Fund (special) for leases made below fair market  








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            value.


          3)Increased costs for increased state liability (General Fund  
            and various special funds) for apiary activities on state  
            lands


          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  
          issues that have arisen in the implementation of that policy.   
          According to the author, 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.


          The Senate amendments clarify the process for approval of lease  
          agreements.  Due to the critical need for foraging lands for  
          bees, and the unique regional and seasonal nature of apiculture,  
          this bill allows for agreements to place beehives on DFW lands  
          without having to go through competitive bidding, and for less  
          than the fair market rental value if the lease does not require  
          exclusive use of the land.


          Analysis Prepared by:                                             
                          Diane Colborn / W., P., & W. / (916) 319-2096     
                                                                  FN:  
          0001901













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