Bill Text: CA AB1259 | 2015-2016 | Regular Session | Chaptered
Bill Title: Bees: apiculture: state-owned lands.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2015-09-30 - Chaptered by Secretary of State - Chapter 380, Statutes of 2015. [AB1259 Detail]
Download: California-2015-AB1259-Chaptered.html
BILL NUMBER: AB 1259 CHAPTERED
BILL TEXT
CHAPTER 380
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2015
APPROVED BY GOVERNOR SEPTEMBER 30, 2015
PASSED THE SENATE SEPTEMBER 3, 2015
PASSED THE ASSEMBLY SEPTEMBER 4, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN ASSEMBLY APRIL 29, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Levine
FEBRUARY 27, 2015
An act to amend Section 1745.2 of the Fish and Game Code, and to
add Section 14670.14 to the Government Code, relating to bees, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1259, Levine. Bees: apiculture: state-owned lands.
Existing law requires the Department of Fish and Wildlife to
consider permitting apiculture on department-managed wildlife areas,
and requires the department to determine, when developing or amending
its land management plans, the appropriate use or permit fee to be
assessed for conducting apiculture on department-managed wildlife
areas.
This bill would instead require the department to consider
authorizing, rather than permitting, apiculture on department-managed
wildlife areas. The bill would require the department to determine
the appropriate fee and lease rent to be assessed for conducting
apiculture on department-managed wildlife areas, would specify that
the fee determined by the department for those purposes shall be
sufficient to recover the administrative and implementation costs of
the department, and would require the lease rent to take into account
if the lease is a nonexclusive use of the land.The bill would
authorize the department to authorize the temporary placement of
beehives on department-managed wildlife areas through simple lease or
permit agreements specifying appropriate conditions and would
provide that these agreements are not subject to competitive bidding
requirements.The bill would authorize the department to continue any
authorization for apiculture on department-managed lands that it
granted before January 1, 2015, without taking further action.
Existing law generally authorizes the Director of General
Services, with the consent of the agency concerned, to let any real
or personal state property in accordance with specified requirements.
This bill would authorize the director to let state land for
apiary purposes, and would authorize the director to lease state land
for those purposes for less than fair market rent if the lease for
apiary purposes does not require exclusive use of the land.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) Bees and other pollinators are critical to agricultural
production and native ecosystems. Bees pollinate billions of dollars
of agricultural crops in the United States, including many of
California's most important agricultural crops.
(b) Bees are at significant risk of harm due to a condition known
as Colony Collapse Disorder (CCD). In the United States alone, more
than 25 percent of the managed bee population has disappeared since
1990 and the number of hives is at its lowest number in 50 years. CCD
and the loss of bees is a significant threat to our state and
national food supply and economic security.
(c) A viable and productive honeybee industry is dependent on
access to private and public lands to secure nectar and pollen
resources for nutritional foraging opportunities.
(d) There is a need for a streamlined and efficient method to
provide access to public lands for California beekeepers to ensure
that they have adequate foraging grounds for their bees.
(e) The Legislature's intended purpose in enacting Section 1745.2
of the Fish and Game Code was to consider the appropriate use of the
state's wildlife areas for apiculture bee foraging opportunities.
(f) Due to the unique regional and seasonal nature of apiculture,
the public interest will be best served by authorizing such
nonexclusive uses on department-managed lands without competitive
bidding.
SEC. 2. Section 1745.2 of the Fish and Game Code is amended to
read:
1745.2. (a) The department shall do both of the following:
(1) Consider authorizing apiculture on department-managed wildlife
areas, where deemed appropriate by the department.
(2) Determine, when developing or amending its land management
plans, the following:
(A) If the department-managed wildlife areas, or any portion of
the those areas, are suitable for apiculture and whether apiculture
is consistent with the management goals and objectives for those
areas on a temporary, seasonal, or long-term basis.
(B) If the administration of apiculture on department-managed
wildlife areas, where deemed appropriate by the department, is
meeting the management goals and objectives for those areas.
(C) The appropriate fee and lease rent to be assessed for
conducting apiculture on department-managed wildlife areas. The
amount of the fee shall be sufficient to recover, but not exceed, all
reasonable administrative and implementation costs of the
department. The lease rent shall take into account whether the lease
is a nonexclusive use of the land.
(b) The department, in implementing this section, may consult with
apiculture experts, including, but not limited to, the Department of
Food and Agriculture, the University of California, other academic
or professional experts, and interested stakeholders, when
considering authorizing apiculture on department-managed wildlife
areas consistent with the respective management goals and objectives
for those areas.
(c) Moneys collected for conducting apiculture on
department-managed wildlife areas pursuant to subparagraph (C) of
paragraph (2) of subdivision (a) shall be deposited by the department
into the Wildlife Restoration Fund and, upon appropriation by the
Legislature, be used to support the management, maintenance,
restoration, and operation of department-managed wildlife areas.
(d) The department may authorize the temporary placement of
beehives on department-managed wildlife areas through simple lease or
permit agreements specifying appropriate conditions. These
agreements are not subject to competitive bidding requirements.
(e) The department may continue any authorization for apiculture
on department-managed areas that it granted before January 1, 2015,
without taking further action.
SEC. 3. Section 14670.14 is added to the Government Code, to read:
14670.14. (a) Pursuant to Section 14670, the Director of General
Services, with the consent of the agency concerned, may let for a
period not to exceed five years state land for apiary purposes.
(b) The director may lease state land pursuant to this section for
less than fair market rent if the lease for apiary purposes does not
require exclusive use of the land.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for beekeepers, who relied on and are dependent on prior
approval from the Department of Fish and Wildlife, to place their
beehives on department-managed lands for seasonal foraging purposes,
it is necessary for this act to take effect immediately.
