ATTACHMENT C
SENATE BILL
1063
AMENDED IN SENATE MARCH 25, 2026
SENATE BILL No. 1063
Introduced by Senator Ochoa Bogh
February 12, 2026
An act to amend Sections 1927.1, 1927.2, and 1927.3 of the Fish and Game Code, relating to the western Joshua tree.
legislative counsel’s digest
SB 1063, as amended, Ochoa Bogh . Western Joshua Tree
Conservation Act: life-sustaining services: take permit.
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 authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitig ation measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided.
This bill w ould authorize the department to permit the taking of a western Joshua tree without payment of fees or other mitig ation upon demonstration to the department that the taking of a western Joshua tree is related to the maintenance, operation, or construction of a life-sustaining service, as defined. service connection to a single-family residence or multifamily residence, including distribution infrastructure, as specified. The bill would require the department to grant or deny that
98 permit within 30 days of a request, or within 10 days of a request to address a threat to health or safety. The bill would allow the permittee 60 days to complete the taking authorized by that permit and the department may extend this 60-day period at its discretion.
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:
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).
line 29 (3) Has fallen and is completely detached from its roots or has line 30 fallen and its roots are no longer in contact with the soil. 98 — 2 — SB 1063
line 1 (e) “Desert native plant specialist” means an arborist certified line 2 by the International Society of Arborists, or an individual with at line 3 least fiv e years of professional e xperience with relocation or line 4 restoration of native California desert vegetation. line 5 (f) “Fee” means the electi ve fee described in subdi visions (d) line 6 and (e) of Section 1927.3, which is to be deposited into the fund. line 7 (g) “Fund” means the Western Joshua Tree Conservation Fund line 8 as described in Section 1927.5.
line 9 (h) “Life-sustaining service” means activity relating to critical line 10 infrastructure, including, b ut not limited to, infrastructure that line 11 provides electricity, gas, water, sewer, or telecom service or work line 12 related to wildfire hardening.
line 13 (i) “Multifamily residence” means an apartment b uilding, line 14 rowhouse, town house, condominium, or manuf actured building line 15 that consists of two or more attached dwelling units designed for line 16 occupancy by tw o or more f amilies living independently of one line 17 another.
line 18 (j) “Public works project” means a project involving the erection, line 19 construction, alteration, repair , or impro vement of an y public line 20 structure, building, road, or other public improvement of any kind. line 21 (k) “Relocated” or “relocation” means the remo val of a living line 22 western Joshua tree and a sufficient portion of its root mass from line 23 the ground and transplanting it.
line 24 (l) “Single-family residence” means a single detached building line 25 that has been, or will be, constructed and used as living facilities, line 26 including provisions for sleeping, eating, cooking, and sanitation, line 27 as required by the California Building Standards Code, for not line 28 more than one household.
line 29 (m) “Western Joshua tree” means Yucca bre vifolia, an line 30 evergreen, tree-like plant that has been treated as a member of the line 31 asparagus family (Asparagaceae).
line 32 SEC. 2. Section 1927.2 of the Fish and Game Code is amended line 33 to read:
line 34 1927.2. (a) No person or public agency shall import into this line 35 state, export out of this state, or tak e, possess, purchase, or sell line 36 within this state, a western Joshua tree or an y part or product of line 37 the tree, except as authorized pursuant to any of the following, as line 38 applicable:
line 39 (1) This chapter.
line 40 (2) The California Endangered Species Act.
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line 1 (3) The Natural Community Conservation Planning Act (Chapter line 2 10 (commencing with Section 2800) of Division 3). line 3 (b) During any period in which the western Joshua tree has been line 4 designated by the commission as a candidate for listing under the line 5 California Endangered Species Act, any person or public agency line 6 seeking a take authorization for the western Joshua tree may obtain line 7 a tak e authorization as pro vided by the California Endangered line 8 Species Act or by demonstrating that the take meets the criteria in line 9 paragraph (5) of subdivision (a) of Section 1927.3, or by electing line 10 to pay the fees set forth in subdivision (d) or (e) of Section 1927.3. line 11 (c) (1) This chapter is a change in state law, within the meaning line 12 of paragraph (1) of subdi vision (c) of Section 2075.5, that has a line 13 direct and significant impact on the commission’ s determination line 14 as to whether the petitioned action is w arranted. Pursuant to line 15 subdivision (c) of Section 2075.5, the commission shall reopen line 16 the administrative record for the commission’s determination for line 17 the purpose of assessing the impact of the conserv ation program line 18 established by this chapter.
line 19 (2) In making the assessment described in paragraph (1), the line 20 commission shall consider all of the following:
line 21 (A) The ef fectiveness of an y conserv ation measures funded line 22 through expenditures of fees by the department pursuant to Section line 23 1927.5.
line 24 (B) The conservation plan de veloped by the department and line 25 approved by the commission pursuant to Section 1927.6. line 26 (C) Any annual reports submitted to the commission by the line 27 department pursuant to Section 1927.7.
line 28 (D) Any recommendations submitted to the commission by the line 29 department pursuant to subdivision (a) of Section 1927.8. line 30 (E) The fee adjustments, if an y, adopted by the department line 31 pursuant to subdivision (b) of Section 1927.8.
line 32 (F) An updated status review to be submitted to the commission line 33 by the department no later than January 1, 2033, unless the line 34 commission directs the department to submit the updated status line 35 review sooner.
line 36 (d) If the commission determines that listing the western Joshua line 37 tree as endangered or threatened pursuant to the California line 38 Endangered Species Act is not warranted, this chapter shall remain line 39 operative and the authorization of tak e of a western Joshua tree line 40 shall be pursuant to this chapter.
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line 1 (e) If the commission determines that listing the western Joshua line 2 tree as endangered or threatened pursuant to the California line 3 Endangered Species Act is warranted, this chapter shall become line 4 inoperative and the authorization of take of a western Joshua tree line 5 shall only be pursuant to Chapter 1.5 (commencing with Section line 6 2050) of Di vision 3 or pursuant to the Natural Community line 7 Conservation Planning Act (Chapter 10 (commencing with Section line 8 2800) of Division 3).
line 9 (f) Upon the approval of a natural community conservation plan line 10 that provides for the conservation of the western Joshua tree as a line 11 covered species, the authorization of take of a western Joshua tree line 12 for an y project or acti vity co vered by the plan shall only be line 13 pursuant to Chapter 10 (commencing with Section 2800) of line 14 Division 3.
line 15 (g) The provisions of the Native Plant Protection Act (Chapter line 16 10 (commencing with Section 1900)), and the California Desert line 17 Native Plants Act (Division 23 (commencing with Section 80001) line 18 of the Food and Agricultural Code), shall not apply to the western line 19 Joshua tree.
line 20 (h) This section shall not preclude the department from line 21 authorizing, by permit or memorandum of understanding, the line 22 taking, possession, purchase, or sale within the state of a western line 23 Joshua tree to aid the conserv ation and reco very of the western line 24 Joshua tree, or entering into memoranda of understanding with line 25 California Native American tribes to pro vide for the taking and line 26 possession of western Joshua trees for tribal cultural purposes, or line 27 as otherwise required by applicable law.
line 28 (i) Any authorization issued by the department pursuant to line 29 Section 2081 or 2084, before the enactment of this chapter , to line 30 import, export, take, possess, purchase, or sell a western Joshua line 31 tree shall be valid and remain in effect after the enactment of this line 32 chapter pursuant to the terms of the authorization. line 33 SEC. 3. Section 1927.3 of the Fish and Game Code is amended line 34 to read:
line 35 1927.3. (a) The department may authorize, by permit, the line 36 taking of a western Joshua tree if all of the follo wing conditions line 37 are met:
line 38 (1) The permittee submits to the department for its appro val a line 39 census of all western Joshua trees on the project site, including 98 SB 1063 — 5 —
line 1 size information and photographs, that cate gorize the western line 2 Joshua trees according to the following size classes:
line 3 (A) Less than one meter in height.
line 4 (B) One meter or greater but less than five meters in height. line 5 (C) Five meters or greater in height.
line 6 (2) The permittee a voids and minimizes impacts to, and the line 7 taking of, the western Joshua tree to the maximum e xtent line 8 practicable. Minimization may include trimming, encroachment line 9 on root systems, relocation, or other actions that result in line 10 detrimental but nonlethal impacts to a western Joshua tree. line 11 (3) The permittee mitig ates all impacts to, and taking of, the line 12 western Joshua tree. The measures required to meet this obligation line 13 shall be roughly proportional in e xtent to the impact of the line 14 authorized taking of the species. When v arious measures are line 15 available to meet this oblig ation, the measures required shall line 16 maintain the permittee’s objectives to the greatest extent possible. line 17 All required measures shall be capable of successful line 18 implementation. The permittee shall ensure adequate funding to line 19 implement the mitig ation measures. In lieu of completing the line 20 mitigation obligation on its own, the permittee may elect to satisfy line 21 this mitig ation oblig ation by paying fees, pursuant to the fee line 22 schedule in subdivision (d) or (e), for deposit into the fund. line 23 (4) (A) The department may include permit conditions that line 24 require the permittee to relocate one or more of the western Joshua line 25 trees. If relocation is required, the permittee shall implement line 26 measures to assist the survi val of relocated trees, and to comply line 27 with any other reasonable measures required by the department to line 28 facilitate the successful relocation and survi val of the western line 29 Joshua trees. These relocation measures shall include, but are not line 30 limited to, all of the following:
line 31 (i) A requirement that the relocated western Joshua tree is placed line 32 in a location and with proper orientation to improve its survival. line 33 (ii) A requirement that western Joshua trees are relocated at a line 34 time that maximizes their survival when feasible. line 35 (iii) A requirement that a desert native plant specialist be onsite line 36 to oversee relocation.
line 37 (B) The department may limit relocation to certain size classes line 38 of trees.
line 39 (C) The department shall adopt guidelines and relocation line 40 protocols, based on the best available science, to relocate western 98 — 6 — SB 1063
line 1 Joshua trees successfully. The department shall consult with desert line 2 native plant specialists as part of the de velopment of these line 3 guidelines and relocation protocols. Chapter 3.5 (commencing line 4 with Section 11340) of P art 1 of Di vision 3 of Title 2 of the line 5 Government Code shall not apply to the de velopment, adoption, line 6 or amendment of guidelines and relocation protocols pursuant to line 7 this subparagraph.
line 8 (5) The department may issue permits pursuant to this section, line 9 without payment of fees or other mitigation, upon demonstration line 10 to the department that the taking of a western Joshua tree is related line 11 to the maintenance, operation, or construction of a life-sustaining line 12 service. service connection to a single-family r esidence or line 13 multifamily residence, including distrib ution infrastructure. For line 14 purposes of this par agraph, distribution infrastructure includes, line 15 but is not limited to, an electrical pole, a gas main, a water main, line 16 and a sewer main, but does not include facilities, including , but line 17 not limited to, a power g eneration or stor age facility , a gas line 18 production or stor age facility , a water tr eatment plant, or a line 19 wastewater treatment plant.
line 20 (A) For a request for a permit pursuant to this paragraph, the line 21 department shall either grant or den y a permit within 30 days of line 22 receipt of the request.
line 23 (B) For a request for a permit pursuant to this paragraph to line 24 address a threat to health or safety , the department shall either line 25 grant or deny a permit within 10 days of receipt of the request. line 26 (C) For a permit granted pursuant to this paragraph, the line 27 permittee has 60 days to complete the taking authorized by the line 28 permit. The department may e xtend this 60-day period at its line 29 discretion.
line 30 (b) For purposes of this section, each western Joshua tree stem line 31 or trunk arising from the ground shall be considered an individual line 32 tree requiring mitigation, regardless of its proximity to any other line 33 western Joshua tree stem or trunk.
line 34 (c) The department may enter into an agreement with any county line 35 or city to delegate to the county or city the ability to authorize the line 36 taking of a western Joshua tree associated with de veloping line 37 single-family residences, multif amily residences, accessory line 38 structures, and public works projects concurrent with its approval line 39 of the project, if all of the following conditions are met:
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line 1 (1) The county or city adopts an ordinance that requires as a line 2 condition of any approval or permit issued under the authority of line 3 an agreement entered into pursuant to this subdivision satisfaction line 4 of the requirements of this chapter.
line 5 (2) Except as provided otherwise in this subdivision, the county line 6 or city ensures that the permittee satisfies all of the requirements line 7 of subdivision (a) of this section.
line 8 (3) The project will tak e no more than 10 indi vidual western line 9 Joshua trees on the project site where the project proponent line 10 proposes to construct a single-f amily residence, multif amily line 11 residence, or accessory structure, or no more than 40 indi vidual line 12 western Joshua trees on the project site on which a public agency line 13 proposes to undertake a public works project. Before authorizing line 14 the take of more than 20, but no more than 40, individual western line 15 Joshua trees for a public w orks project, the county or city shall line 16 obtain the department’s written concurrence that the project has line 17 avoided and minimized the tak e of western Joshua trees to the line 18 maximum extent practicable.
line 19 (4) The county or city shall collect any fees for permits issued line 20 and remit them quarterly to the fund as directed by the department. line 21 (5) The county or city entering into an agreement pursuant to line 22 this subdi vision may impose a reasonable fee to co ver the line 23 administrative costs of issuing the permit.
line 24 (6) (A) The department retains express authority to suspend or line 25 revoke the county or city’ s tak e authorization in the e vent the line 26 department determines the county or city has violated the terms line 27 of the agreement, or this chapter , the county or city f ails to line 28 implement or enforce the terms of the agreement or this chapter , line 29 or the department determines that the local population of western line 30 Joshua trees within, or in the vicinity of, that county or city needs line 31 further protection. The county or city shall conduct an annual line 32 assessment of the status of the local population within the county line 33 or city and submit the assessment to the department. The line 34 department shall determine if the population needs further line 35 protection to provide for the conservation of the species. line 36 (B) The department shall adopt standardized surv ey and line 37 assessment methods for the annual assessment required pursuant line 38 to subparagraph (A), including requiring that a desert native plant line 39 specialist conduct the assessment. Chapter 3.5 (commencing with line 40 Section 11340) of Part 1 of Division 3 of Title 2 of the Government 98 — 8 — SB 1063
line 1 Code shall not apply to the development, adoption, or amendment line 2 of standardized survey and assessment methods pursuant to this line 3 subparagraph.
line 4 (7) The county or city shall be required to submit to the line 5 department quarterly reports documenting the number of permits line 6 issued, photographs and other e vidence demonstrating that tak e line 7 and other impacts were avoided and minimized to the maximum line 8 extent practicable, the number and size class of western Joshua line 9 trees authorized to be tak en, the number of western Joshua trees line 10 encroached upon, the number of western Joshua trees lethally line 11 removed, the number and location of western Joshua trees line 12 relocated, the amount of fees collected, and other information line 13 required by the department in the agreement.
line 14 (d) Any person or public agency receiving a take authorization line 15 pursuant to this chapter for a project that meets the criteria set forth line 16 in paragraph (1) may elect, in lieu of satisfying the mitig ation line 17 obligation provided for in paragraph (3) of subdivision (a), to pay line 18 fees in the amounts provided in paragraph (2) for deposit into the line 19 fund.
line 20 (1) (A) Any project in the area bounded by the intersection of line 21 Highway 99 and Highway 58, then east along Highway 58 to the line 22 intersection of Interstate 15, then north along Interstate 15 to the line 23 intersection of Highw ay 247, then south along Highw ay 247 to line 24 the intersection of Highw ay 18, then west along Highw ay 18 to line 25 the intersection of Highw ay 138, then west and north along line 26 Highway 138 to the intersection of Interstate 5, then north along line 27 Interstate 5 to the intersection of Highw ay 99, then north along line 28 Highway 99 to Highway 58.
line 29 (B) Any project receiving a permit issued by a county or city line 30 pursuant to an agreement with the department pursuant to line 31 subdivision (c), regardless of location.
line 32 (2) (A) One thousand dollars ($1,000) for each western Joshua line 33 tree five meters or greater in height.
line 34 (B) Two hundred dollars ($200) for each western Joshua tree line 35 one meter or greater but less than five meters in height. line 36 (C) One hundred fifty dollars ($150) for each western Joshua line 37 tree less than one meter in height.
line 38 (e) Any person or public agency receiving a take authorization line 39 pursuant to this chapter for a project that meets the criteria set forth line 40 in paragraph (1) may elect, in lieu of satisfying the mitig ation 98 SB 1063 — 9 —
line 1 obligation provided for in paragraph (3) of subdivision (a), to pay line 2 fees in the amounts provided in paragraph (2) for deposit into the line 3 fund.
line 4 (1) (A) Notwithstanding paragraph (1) of subdivision (d), any line 5 project within two miles of Joshua Tree National Park, or any unit line 6 of the state park system.
line 7 (B) Any project that does not meet the criteria set forth in line 8 paragraph (1) of subdivision (d).
line 9 (2) (A) Two thousand fiv e hundred dollars ($2,500) for each line 10 western Joshua tree five meters or greater in height. line 11 (B) Five hundred dollars ($500) for each western Joshua tree line 12 one meter or greater but less than five meters in height. line 13 (C) Three hundred forty dollars ($340) for each western Joshua line 14 tree less than one meter in height.
line 15 (f) Upon request, the department may authorize a reduction in line 16 the amount of the fees prescribed by subdi visions (d) and (e) for line 17 any western Joshua tree conserved by a project proponent through line 18 the acquisition of compensatory habitat mitigation land otherwise line 19 required by law for the project.
line 20 (g) (1) The permittee shall bear responsibility for implementing line 21 measures to assist the survi val of western Joshua trees relocated line 22 pursuant to paragraph (4) of subdivision (a).
line 23 (2) Unless specifically required by written agreement, a line 24 landowner that agrees in writing to allow western Joshua trees to line 25 be relocated onto land it owns shall not be liable for the continued line 26 survival of the western Joshua trees, shall not be required to line 27 manage or maintain the translocated western Joshua trees, and line 28 shall not be required to change existing land use practices, provided line 29 that the land use practices do not result in the taking, possession, line 30 sale, or further translocation of the western Joshua trees.
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