ATTACHMENT B
SENATE BILL
1062
AMENDED IN SENATE MARCH 25, 2026
SENATE BILL No. 1062
Introduced by Senator Ochoa Bogh
February 12, 2026
An act to amend Section Sections 1927.1 and 1927.3 of the Fish and Game Code, relating to the western Joshua tree.
legislative counsel’s digest
SB 1062, as amended, Ochoa Bogh. Western Joshua Tree
Conservation Act: tak e permit: fees. life-sustaining services:
project-specific conditions.
The Western Joshua Tree Conservation Act prohibits any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as specified. The act authorizes the Department of Fish and Wildlife to permit the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua 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 measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided.
The act authorizes
the department to reduce the amount of fees paid in lieu of completing mitigation measures for a project that conserves a western Joshua tree through the acquisition of compensatory habitat mitig ation land otherwise required by law for the project.
This bill would authorize the department to, upon the request from a state or local public agency, establish project-specific conditions for a 98 project related to a life-sustaining service , as defined. The bill would provide that project-specific conditions may include, but are not limited to, the creation of projectwide standards for avoidance, minimization, or mitigation measures, a reduction or waiver of in-lieu mitigation fees, or other compliance fle xibility or concession the department deems appropriate to facilitate timely and cost-ef fective maintenance , operation, or construction of a project.
This bill would additionally authorize the department to reduce the amount of fees paid in lieu of completing mitig ation measures for a project that involves more than one parcel.
Vote: majority. Appropriation: no. Fiscal committee: 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:
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line 1 (1) Has not burned and has no green leaves, no new growth on line 2 the main stem, and no basal sprouts.
line 3 (2) Has partially or fully b urned at least 18 months prior and line 4 otherwise satisfies paragraph (1).
line 5 (3) Has fallen and is completely detached from its roots or has line 6 fallen and its roots are no longer in contact with the soil. line 7 (e) “Desert native plant specialist” means an arborist certified line 8 by the International Society of Arborists, or an individual with at line 9 least fiv e years of professional e xperience with relocation or line 10 restoration of native California desert vegetation. line 11 (f) “Fee” means the electi ve fee described in subdi visions (d) line 12 and (e) of Section 1927.3, which is to be deposited into the fund. line 13 (g) “Fund” means the Western Joshua Tree Conservation Fund line 14 as described in Section 1927.5.
line 15 (h) “Life-sustaining service” means an activity r elating to line 16 critical infrastructure, including, but not limited to, infrastructure line 17 that provides electricity, gas, water, sewer, or telecom service or line 18 work related to wildfire hardening.
line 19 (h)
line 20 (i) “Multifamily residence” means an apartment b uilding, line 21 rowhouse, town house, condominium, or manuf actured building line 22 that consists of two or more attached dwelling units designed for line 23 occupancy by tw o or more f amilies living independently of one line 24 another.
line 25 (i)
line 26 (j) “Public works project” means a project involving the erection, line 27 construction, alteration, repair , or impro vement of an y public line 28 structure, building, road, or other public improvement of any kind. line 29 (j)
line 30 (k) “Relocated” or “relocation” means the remo val of a living line 31 western Joshua tree and a sufficient portion of its root mass from line 32 the ground and transplanting it.
line 33 (k)
line 34 (l) “Single-family residence” means a single detached building line 35 that has been, or will be, constructed and used as living facilities, line 36 including provisions for sleeping, eating, cooking, and sanitation, line 37 as required by the California Building Standards Code, for not line 38 more than one household.
line 39 (l)
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line 1 (m) “Western Joshua tree” means Yucca bre vifolia, an line 2 evergreen, tree-like plant that has been treated as a member of the line 3 asparagus family (Asparagaceae).
line 4 SECTION 1.
line 5 SEC. 2. Section 1927.3 of the Fish and Game Code is amended line 6 to read:
line 7 1927.3. (a) The department may authorize, by permit, the line 8 taking of a western Joshua tree if all of the follo wing conditions line 9 are met:
line 10 (1) The permittee submits to the department for its appro val a line 11 census of all western Joshua trees on the project site, including line 12 size information and photographs, that cate gorize the western line 13 Joshua trees according to the following size classes:
line 14 (A) Less than one meter in height.
line 15 (B) One meter or greater but less than five meters in height. line 16 (C) Five meters or greater in height.
line 17 (2) The permittee a voids and minimizes impacts to, and the line 18 taking of, the western Joshua tree to the maximum e xtent line 19 practicable. Minimization may include trimming, encroachment line 20 on root systems, relocation, or other actions that result in line 21 detrimental but nonlethal impacts to a western Joshua tree. line 22 (3) The permittee mitig ates all impacts to, and taking of, the line 23 western Joshua tree. The measures required to meet this obligation line 24 shall be roughly proportional in e xtent to the impact of the line 25 authorized taking of the species. When v arious measures are line 26 available to meet this oblig ation, the measures required shall line 27 maintain the permittee’s objectives to the greatest extent possible. line 28 All required measures shall be capable of successful line 29 implementation. The permittee shall ensure adequate funding to line 30 implement the mitig ation measures. In lieu of completing the line 31 mitigation obligation on its own, the permittee may elect to satisfy line 32 this mitig ation oblig ation by paying fees, pursuant to the fee line 33 schedule in subdivision (d) or (e), for deposit into the fund. line 34 (4) (A) The department may include permit conditions that line 35 require the permittee to relocate one or more of the western Joshua line 36 trees. If relocation is required, the permittee shall implement line 37 measures to assist the survi val of relocated trees, and to comply line 38 with any other reasonable measures required by the department to line 39 facilitate the successful relocation and survi val of the western 98 — 4 — SB 1062
line 1 Joshua trees. These relocation measures shall include, but are not line 2 limited to, all of the following:
line 3 (i) A requirement that the relocated western Joshua tree is placed line 4 in a location and with proper orientation to improve its survival. line 5 (ii) A requirement that western Joshua trees are relocated at a line 6 time that maximizes their survival when feasible. line 7 (iii) A requirement that a desert native plant specialist be onsite line 8 to oversee relocation.
line 9 (B) The department may limit relocation to certain size classes line 10 of trees.
line 11 (C) The department shall adopt guidelines and relocation line 12 protocols, based on the best available science, to relocate western line 13 Joshua trees successfully. The department shall consult with desert line 14 native plant specialists as part of the de velopment of these line 15 guidelines and relocation protocols. Chapter 3.5 (commencing line 16 with Section 11340) of P art 1 of Di vision 3 of Title 2 of the line 17 Government Code shall not apply to the de velopment, adoption, line 18 or amendment of guidelines and relocation protocols pursuant to line 19 this subparagraph.
line 20 (b) For purposes of this section, each western Joshua tree stem line 21 or trunk arising from the ground shall be considered an individual line 22 tree requiring mitigation, regardless of its proximity to any other line 23 western Joshua tree stem or trunk.
line 24 (c) The department may enter into an agreement with any county line 25 or city to delegate to the county or city the ability to authorize the line 26 taking of a western Joshua tree associated with de veloping line 27 single-family residences, multif amily residences, accessory line 28 structures, and public works projects concurrent with its approval line 29 of the project, if all of the following conditions are met:
line 30 (1) The county or city adopts an ordinance that requires as a line 31 condition of any approval or permit issued under the authority of line 32 an agreement entered into pursuant to this subdivision satisfaction line 33 of the requirements of this chapter.
line 34 (2) Except as provided otherwise in this subdivision, the county line 35 or city ensures that the permittee satisfies all of the requirements line 36 of subdivision (a) of this section.
line 37 (3) The project will tak e no more than 10 indi vidual western line 38 Joshua trees on the project site where the project proponent line 39 proposes to construct a single-f amily residence, multif amily line 40 residence, or accessory structure, or no more than 40 indi vidual 98 SB 1062 — 5 —
line 1 western Joshua trees on the project site on which a public agency line 2 proposes to undertake a public works project. Before authorizing line 3 the take of more than 20, but no more than 40, individual western line 4 Joshua trees for a public w orks project, the county or city shall line 5 obtain the department’s written concurrence that the project has line 6 avoided and minimized the tak e of western Joshua trees to the line 7 maximum extent practicable.
line 8 (4) The county or city shall collect any fees for permits issued line 9 and remit them quarterly to the fund as directed by the department. line 10 (5) The county or city entering into an agreement pursuant to line 11 this subdi vision may impose a reasonable fee to co ver the line 12 administrative costs of issuing the permit.
line 13 (6) (A) The department retains express authority to suspend or line 14 revoke the county or city’ s tak e authorization in the e vent the line 15 department determines the county or city has violated the terms line 16 of the agreement, or this chapter , the county or city f ails to line 17 implement or enforce the terms of the agreement or this chapter , line 18 or the department determines that the local population of western line 19 Joshua trees within, or in the vicinity of, that county or city needs line 20 further protection. The county or city shall conduct an annual line 21 assessment of the status of the local population within the county line 22 or city and submit the assessment to the department. The line 23 department shall determine if the population needs further line 24 protection to provide for the conservation of the species. line 25 (B) The department shall adopt standardized surv ey and line 26 assessment methods for the annual assessment required pursuant line 27 to subparagraph (A), including requiring that a desert native plant line 28 specialist conduct the assessment. Chapter 3.5 (commencing with line 29 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 30 Code shall not apply to the development, adoption, or amendment line 31 of standardized survey and assessment methods pursuant to this line 32 subparagraph.
line 33 (7) The county or city shall be required to submit to the line 34 department quarterly reports documenting the number of permits line 35 issued, photographs and other e vidence demonstrating that tak e line 36 and other impacts were avoided and minimized to the maximum line 37 extent practicable, the number and size class of western Joshua line 38 trees authorized to be tak en, the number of western Joshua trees line 39 encroached upon, the number of western Joshua trees lethally line 40 removed, the number and location of western Joshua trees 98 — 6 — SB 1062
line 1 relocated, the amount of fees collected, and other information line 2 required by the department in the agreement.
line 3 (d) Any person or public agency receiving a take authorization line 4 pursuant to this chapter for a project that meets the criteria set forth line 5 in paragraph (1) may elect, in lieu of satisfying the mitig ation line 6 obligation provided for in paragraph (3) of subdivision (a), to pay line 7 fees in the amounts provided in paragraph (2) for deposit into the line 8 fund.
line 9 (1) (A) Any project in the area bounded by the intersection of line 10 Highway 99 and Highway 58, then east along Highway 58 to the line 11 intersection of Interstate 15, then north along Interstate 15 to the line 12 intersection of Highw ay 247, then south along Highw ay 247 to line 13 the intersection of Highw ay 18, then west along Highw ay 18 to line 14 the intersection of Highw ay 138, then west and north along line 15 Highway 138 to the intersection of Interstate 5, then north along line 16 Interstate 5 to the intersection of Highw ay 99, then north along line 17 Highway 99 to Highway 58.
line 18 (B) Any project receiving a permit issued by a county or city line 19 pursuant to an agreement with the department pursuant to line 20 subdivision (c), regardless of location.
line 21 (2) (A) One thousand dollars ($1,000) for each western Joshua line 22 tree five meters or greater in height.
line 23 (B) Two hundred dollars ($200) for each western Joshua tree line 24 one meter or greater but less than five meters in height. line 25 (C) One hundred fifty dollars ($150) for each western Joshua line 26 tree less than one meter in height.
line 27 (e) Any person or public agency receiving a take authorization line 28 pursuant to this chapter for a project that meets the criteria set forth line 29 in paragraph (1) may elect, in lieu of satisfying the mitig ation line 30 obligation provided for in paragraph (3) of subdivision (a), to pay line 31 fees in the amounts provided in paragraph (2) for deposit into the line 32 fund.
line 33 (1) (A) Notwithstanding paragraph (1) of subdivision (d), any line 34 project within two miles of Joshua Tree National Park, or any unit line 35 of the state park system.
line 36 (B) Any project that does not meet the criteria set forth in line 37 paragraph (1) of subdivision (d).
line 38 (2) (A) Two thousand fiv e hundred dollars ($2,500) for each line 39 western Joshua tree five meters or greater in height. 98 SB 1062 — 7 —
line 1 (B) Five hundred dollars ($500) for each western Joshua tree line 2 one meter or greater but less than five meters in height. line 3 (C) Three hundred forty dollars ($340) for each western Joshua line 4 tree less than one meter in height.
line 5 (f) Upon request, the department may authorize a reduction in line 6 the amount of the fees prescribed by subdi visions (d) and (e) for line 7 a project that involves more than one parcel or any western Joshua line 8 tree conserved by a project proponent through the acquisition of line 9 compensatory habitat mitigation land otherwise required by la w line 10 for the project.
line 11 (g) (1) The permittee shall bear responsibility for implementing line 12 measures to assist the survi val of western Joshua trees relocated line 13 pursuant to paragraph (4) of subdivision (a).
line 14 (2) Unless specifically required by written agreement, a line 15 landowner that agrees in writing to allow western Joshua trees to line 16 be relocated onto land it owns shall not be liable for the continued line 17 survival of the western Joshua trees, shall not be required to line 18 manage or maintain the translocated western Joshua trees, and line 19 shall not be required to change existing land use practices, provided line 20 that the land use practices do not result in the taking, possession, line 21 sale, or further translocation of the western Joshua trees. line 22 (h) Upon request by a state or local public a gency, including, line 23 but not limited to, a special district, such as a publicly owned water line 24 agency, irrigation district, or power authority, the department may line 25 establish pr oject-specific conditions for a pr oject r elated to a line 26 life-sustaining service . Pr oject-specific permit conditions may line 27 include, but are not limited to, all of the following:
line 28 (1) The cr eation of pr ojectwide standar ds for avoidance , line 29 minimization, or mitigation measures.
line 30 (2) A reduction or waiver of in-lieu mitigation fees. line 31 (3) Other compliance flexibility or concession the department line 32 deems appr opriate to facilitate timely and cost-ef fective line 33 maintenance, operation, or construction of a project.
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