Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: April 21, 2026
Submitted By:
Keith C. Metzler, City Manager
Subject:
Senate Bills 1061, 1062 and 1063 (Ochoa Bogh)
Recommendation:
That Your Honorable City Council support Senate Bills 1061, 1062 and 1063 and authorize the Mayor to sign a letter of support.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
Despite opposition as authorized by the Victorville City Council on May 17, 2022, the State legislature approved and the Governor signed legislation now known as the Western Joshua Tree Conservation Act (WJTCA). Now, the WJTCA protects the species by broadly prohibiting the import, export, possession, sale, or take of the Western Joshua trees unless authorized by the California Department of Fish & Wildlife (CDFW).
Under the WJTCA, a permit is required for activities that result in the taking of a tree, and permit holders must mitigate impacts by carrying out minimization or relocation actions prescribed by CDFW, by paying fees, or both.
While the WJTCA has strengthened protections for the species, its reliance on a definition designed for animals has created confusion and unintended consequences when applied to stationary plants.
Fish & Game Code Section 86 defines “take” to mean to hunt, pursue, catch, capture or kill, or attempt to take any of those actions. This definition is rooted in wildlife management that assumes mobility and active human pursuit. Applying it to a stationary plant like the Western Joshua tree creates practical and legal inconsistencies. 4 6
6 6
For example, plants cannot be “pursued,” “caught,” or “captured.” The existing definition also does not distinguish between intentional actions and accidental outcomes, leaving property owners potentially liable for outcomes beyond their control. As a result, the current framework can overextend permitting requirements in situations that do not meaningfully threaten the Western Joshua tree species.
Discussion:
California Senator Ochoa Bogh has introduced these Senate Bills that address issues now being experienced at the local levels when it comes to administering and complying with the WJTCA. These bills accomplish the following:
1. Among other things, SB 1061 establishes a targeted exemption for the relocation of the Western Joshua trees within the same parcel or to a contiguous parcel under the same ownership, recognizing that such actions do not result in a net loss of trees and therefore should not trigger permitting requirements.
2. SB 1062 clarifies state law to explicitly authorize CDFW to issue permits with project-specific conditions to public agencies for projects related to life-sustaining services.
3. SB 1063 improves equity and access for rural residents and ensures they can obtain life-sustaining utility services without facing disproportionate financial burdens or indefinite regulatory delays.
Prepared By:
Keith C. Metzler, City Manager
Attachments: A. Senate Bill 1061
B. Senate Bill 1062
C. Senate Bill 1063
D. Bill Summaries
E. Draft Letters