Africanized honey bees.

The Apiary Protection Act specifies that any hive or comparable apparatus that is not occupied by a live bee colony and that is accessible to bees is a public nuisance and is subject to abatement in a specified manner. This bill would provide that a city, county, or city and county may, by ordinance, establish procedures for the abatement of a hive or comparable apparatus where Africanized or overly defensive honey bees are present. The bill would provide that, in the absence of a local ordinance, if a county agricultural commissioner determines that the presence of Africanized or overly defensive honey bees in a hive is a public nuisance, the county agricultural commissioner may take any action necessary to abate the public nuisance, as specified. The bill would also delete a provision specifying that if a county agricultural commissioner determines that any bees present in an abandoned hive or comparable apparatus are not aggressive and harbor no diseases, the abandoned hive or comparable apparatus shall not be deemed a public nuisance. To the extent the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.