BILL ANALYSIS Ó AB 1259 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1259 (Levine) As Amended September 1, 2015 2/3 vote. Urgency -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 14, 2015) |SENATE: | 40-0 |(September 3, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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. AB 1259 Page 2 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 AB 1259 Page 3 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 AB 1259 Page 4