ATTACHMENT A
SENATE BILL
1061
AMENDED IN SENATE MARCH 24, 2026
SENATE BILL No. 1061
Introduced by Senator Ochoa Bogh
February 12, 2026
An act to amend Section 1927 of Section 1927.1 of , and to add Section 1928.1 to, the Fish and Game Code, relating to conservation. legislative counsel’s digest
SB 1061, as amended, Ochoa Bogh . Western Joshua Tree
Conservation Act. Act: take: relocation.
The
(1) The Western Joshua Tree Conservation Act prohibits any person or public agenc y from importing into the state, e xporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or an y part or product of the tree, e xcept as specified. The act authorizes the Department of F ish and Wildlife to permit the taking of a western J oshua tree if specified conditions ar e met, including, but not limited to, that the permittee mitigates all impacts to, and taking of , the western J oshua tree through measures that are roughly proportional in extent to the impact of the authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitigation measur es, a permittee to elect to satisfy the mitigation obligation by paying fees pur suant to a specified fee sc hedule, as provided.
This bill would make a nonsubstantive change to the provision naming the act.
This bill would exempt from the act the relocation of a western Joshua tree that is relocated within the same parcel or relocated to a contiguous
98 parcel that is owned by the same owner of the parcel where the western Joshua tree is being relocated from.
(2) Existing law defines “take” to mean hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.
This bill would specify for the purposes of the act that “tak e” does not include unintentionally or accidentally causing the death of a western Joshua tree.
Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1927.1 of the Fish and Game Code is line 2 amended to read:
line 3 1927.1. For purposes of this chapter, the following definitions line 4 apply:
line 5 (a) “Accessory structure” means a subordinate structure, the line 6 use of which is incidental to an e xisting or contemporaneously line 7 constructed single-f amily residence, including, an accessory line 8 dwelling unit, addition to an e xisting single-f amily residence, line 9 garage, carport, swimming pool, patio, greenhouse, storage shed, line 10 gazebo, septic tank, sewer connection, solar panels, fence, or gravel line 11 or paved driveway.
line 12 (b) “California Endangered Species Act” means the act line 13 established pursuant to Chapter 1.5 (commencing with Section line 14 2050) of Division 3.
line 15 (c) “Conserve” or “conservation” means to use, and the use of, line 16 methods and procedures that are necessary to bring species listed line 17 pursuant to Chapter 1.5 (commencing with Section 2050) of line 18 Division 3 to the point at which the measures pro vided pursuant line 19 to Chapter 1.5 (commencing with Section 2050) of Division 3 are line 20 no longer necessary, and for species that are not listed to maintain line 21 or enhance the condition of the species so that listing will not line 22 become necessary.
line 23 (d) “Dead western Joshua tree” means a western Joshua tree line 24 that meets at least one of the following criteria:
line 25 (1) Has not burned and has no green leaves, no new growth on line 26 the main stem, and no basal sprouts.
line 27 (2) Has partially or fully b urned at least 18 months prior and line 28 otherwise satisfies paragraph (1).
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line 1 (3) Has fallen and is completely detached from its roots or has line 2 fallen and its roots are no longer in contact with the soil. line 3 (e) “Desert native plant specialist” means an arborist certified line 4 by the International Society of Arborists, or an individual with at line 5 least fiv e years of professional e xperience with relocation or line 6 restoration of native California desert vegetation. line 7 (f) “Fee” means the electi ve fee described in subdi visions (d) line 8 and (e) of Section 1927.3, which is to be deposited into the fund. line 9 (g) “Fund” means the Western Joshua Tree Conservation Fund line 10 as described in Section 1927.5.
line 11 (h) “Multifamily residence” means an apartment b uilding, line 12 rowhouse, town house, condominium, or manuf actured building line 13 that consists of two or more attached dwelling units designed for line 14 occupancy by tw o or more f amilies living independently of one line 15 another.
line 16 (i) “Public works project” means a project involving the erection, line 17 construction, alteration, repair , or impro vement of an y public line 18 structure, building, road, or other public improvement of any kind. line 19 (j) “Relocated” or “relocation” means the remo val of a li ving line 20 western Joshua tree and a sufficient portion of its root mass from line 21 the ground and transplanting it.
line 22 (k) “Single-family residence” means a single detached building line 23 that has been, or will be, constructed and used as living facilities, line 24 including provisions for sleeping, eating, cooking, and sanitation, line 25 as required by the California Building Standards Code, for not line 26 more than one household.
line 27 (l) “Take” does not include unintentionally or accidentally line 28 causing the death of a western Joshua tree.
line 29 (l)
line 30 (m) “Western Joshua tree” means Yucca bre vifolia, an line 31 evergreen, tree-like plant that has been treated as a member of the line 32 asparagus family (Asparagaceae).
line 33 SEC. 2. Section 1928.1 is added to the Fish and Game Code, line 34 to read:
line 35 1928.1. This chapter does not apply to a relocation within the line 36 same parcel or a relocation to a contiguous parcel that is owned line 37 by the same per son that owns the par cel wher e the r elocated line 38 western Joshua tree is being relocated from.
line 39 SECTION 1. Section 1927 of the Fish and Game Code is line 40 amended to read:
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line 1 1927. This chapter shall be kno wn, and may be cited, as the line 2 Western Joshua Tree Conservation Act.
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