BILL ANALYSIS Ó
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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, |
| | | | | |2015) |
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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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