ATTACHMENT D
BILL
SUMMARIES
Summary
Senate Bill 1061 clarifies the definition of “take”
under the Western Joshua Tree Conservation Act
(WJTCA) to create a more realistic management
plan for this stationary plant species.
This bill narrows the definition so that the
unintentional or accidental death of a Western
Joshua tree is not considered a take. It also
exempts the relocation of trees within or between
commonly owned parcels from permitting
requirements.
Background
The WJTCA protects the species by broadly
prohibiting the import, export, possession, sale, or
take of 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.
Existing Law
Fish & Game Code Sec. 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.
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.
Solution
SB 1061 addresses these concerns by clarifying
that, for the purposes of the WJTCA, “take” does
not include the unintentional or accidental death of
a Western Joshua tree, ultimately aligning the law
with the biological reality of stationary plants and
ensuring that enforcement is focused on deliberate
actions rather than unforeseen outcomes.
This change protects property owners from
liability for accidental damage while preserving
CDFW’s ability to investigate and enforce against
intentional harm, as CDFW retains the authority to
assess evidence of intent and apply existing
penalties for violations or false claims.
In addition, SB 1061 establishes a targeted
exemption for the relocation of 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.
Together, these updates reduce unnecessary
regulatory burdens, provide clarity, and support
practical, conservation-minded land management
without weakening protections for the species.
For More Information
Staff: Alicia Grinnals
[email protected]
(916) 651-4282
Bill text and status can be found at
http://leginfo.legislature.ca.gov/
Senate Bill 1061: Western Joshua Tree Conservation Act
Clarifying “Take” and Streamlining Compliance
Summary
Senate Bill 1062 clarifies that the California
Department of Fish and Wildlife (CDFW) may
grant project-specific take permit conditions to
state and local public agencies for projects
related to life-sustaining services. These
conditions may include project-wide avoidance
and minimization measures, reductions or
waivers of in-lieu mitigation fees, and any other
compliance flexibilities CDFW deems
appropriate to facilitate timely and cost-effective
construction.
This bill aligns statutory authority in the
Western Joshua Tree Conservation Act (WJTCA)
with the approach already reflected in the
Western Joshua Tree Conservation Plan (WJTCP)
developed by CDFW, ensuring consistency
between statute and implementation.
Background
The Western Joshua tree is a native plant species
found throughout California’s high desert and is
protected by the WJTCA, which prohibits the
taking of the species unless authorized by CDFW.
While these protections serve an important
conservation purpose, public agencies
responsible for operating, maintaining, or
constructing systems that provide life-sustaining
services – such as electricity, gas, water, sewer,
or telecoms – face unique challenges in
complying with the existing permitting and fee
structure.
For example, the service territory of a water
agency may encompass hundreds of Western
Joshua trees that must be removed, relocated, or
trimmed for the purpose of completing a district-
wide septic-to-sewer conversion project. The
payment of fees for each individual tree, broad
avoidance buffers, and difficult minimization
measures can create significant financial
burdens for the agency and can result in millions
of dollars in costs passed on to ratepayers.
Rather than imposing inflexible conditions that
penalize necessary infrastructure work, state law
should facilitate collaboration between agencies
and CDFW to develop workable, affordable
solutions that balance the conservation goals of
the WJTCA with critical infrastructure needs,
particularly in rural areas.
Existing Law
Current law allows limited delegation of
permitting authority to local governments for
certain project types but does not clearly
authorize project-specific permit conditions for
life-sustaining infrastructure projects. As a
result, CDFW lacks explicit statutory discretion
to establish narrowed project-wide avoidance
and minimization standards, reduce in-lieu
mitigation fees, or grant other concessions for
essential services needed to sustain human life.
Solution
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. By allowing CDFW to
streamline permitting and establish a single,
project-wide mitigation framework, this bill
lowers operational costs for agencies and helps
maintain reliable, affordable essential services
for customers.
For More Information
Staff: Alicia Grinnals
[email protected]
(916) 651-4282
Bill text and status can be found at
http://leginfo.legislature.ca.gov/
Senate Bill 1062: Western Joshua Tree Conservation Act
Project-Specific Permit Conditions
Summary
Senate Bill 1063 ensures that essential, life-
sustaining services for residential properties can
be installed, maintained, and repaired without
facing delays or costly permitting requirements
by creating a carve-out for projects subject to the
Western Joshua Tree Conservation Act (WJTCA).
Specifically, this bill creates an expedited
permitting pathway for the taking of a Western
Joshua tree, without required fees or mitigation
measures, so long as the taking is related to
infrastructure that provides electricity, gas,
water, sewer, telecom service, or wildfire
hardening to a single-family or multi-family
residence.
Background
The Western Joshua tree is a native plant species
found throughout California’s high desert,
including in communities where residents rely
on wells, septic systems, overhead powerlines,
and other infrastructure to maintain safe and
habitable homes. In recent years, state law has
established new protections for the species,
requiring permits before certain activities can
occur near Western Joshua trees.
While these protections serve an important
conservation purpose, they have also created
unintended consequences for property owners
who live within the protected boundaries of the
WJTCA. Residents needing to install or maintain
critical infrastructure, such as connecting to the
electrical grid, repairing septic systems, or
replacing damaged utility lines, can face lengthy
permitting timelines, unmanageable fees, and
regulatory uncertainty.
In some cases, these obstacles can prevent or
significantly postpone access to life-sustaining
utilities, creating hardship for homeowners and
jeopardizing public health and safety.
Existing Law
Under current law, homeowners must obtain
permission from the California Department of
Fish and Wildlife (CDFW) if they intend to
perform any kind of activity that would require
the removal or trimming of a Western Joshua
tree, even if the tree is dead.
This process requires an applicant to submit
forms, wait for approval, and pay mitigation fees,
even for routine projects like connecting
electricity, repairing septic systems, or
maintaining water lines. In many cases,
homeowners may also be required to pay for and
coordinate the relocation and care of a living tree
for the remainder of its life.
This level of government involvement in basic
property maintenance has created costly delays,
added financial burdens, and limited
homeowners’ ability to maintain safe and
functional living conditions on their own land.
Solution
By allowing a permit to be issued without fee
collection or complex mitigation measures and
requiring CDFW to grant or deny a permit within
30 days, 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.
For More Information
Staff: Alicia Grinnals
[email protected]
(916) 651-4282
Bill text and status can be found at
http://leginfo.legislature.ca.gov/
Senate Bill 1063: Western Joshua Tree Conservation Act
Expedited Take Permits for Residential Life-Sustaining Services