ATTACHMENT E
DRAFT
LETTERS
760.955.5000
FAX 760.245.7243
[email protected]
http://ci.victorville.ca.us
14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001
CITY OF
VICTORVILLE
April 21, 2026
The Honorable Josh Becker, Chair
Senate Natural Resources & Water Committee
1021 O Street, Room 3220
Sacramento, CA 95814
RE: SB 1061 – Western Joshua Tree Conservation Act: take: relocation.
Dear Senator Becker,
The City of Victorville is pleased to support Senate Bill 1061 (Ochoa Bogh), which would clarify the definition of “take” under the Western Joshua Tree Conservation Act (WJTCA) to create a more realistic management plan for this stationary plant species.
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.
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 bill also 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 , and we urge your AYE vote when SB 1061 is heard in your committee.
Sincerely,
Elizabeth Becerra
Mayor
cc: Victorville City Council Members
Jason Gonsalves, Gonsalves & Sons
Senator Suzette Valladares
Laura Varela – League of California Cities
760.955.5000
FAX 760.245.7243
[email protected]
http://ci.victorville.ca.us
14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001
CITY OF
VICTORVILLE
April 21, 2026
The Honorable Josh Becker, Chair
Senate Natural Resources & Water Committee
1021 O Street, Room 3220
Sacramento, CA 95814
RE: SB 1062 – Western Joshua Tree Conservation Act: life-sustaining services: project- specific conditions.
Dear Senator Becker,
The City of Victorville is pleased to support Senate Bill 1062 (Ochoa Bogh), which would clarify 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.
In recent years, state law has established new protections for the Western Joshua tree, requiring permits before certain activities can occur near the species . 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 may need to 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 within the project area can create a significant financial burden for the agency and can result in millions of dollars in costs being passed on to customers.
Instead of penalizing agencies that seek to install or improve infrastructure by requiring them to pay high fees for the take of Western Joshua trees, state law should empower these agencies to work with CDFW to find workable, affordable solutions that balance the conservation goals of the WJTCA with need for infrastructure reinforcement in rural areas.
SB 1062 simply 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, and we urge your AYE vote when SB 1062 is heard in your committee.
Sincerely,
Elizabeth Becerra
Mayor
cc: Victorville City Council Members
Jason Gonsalves, Gonsalves & Sons
Senator Suzette Valladares
Laura Varela – League of California Cities
760.955.5000
FAX 760.245.7243
[email protected]
http://ci.victorville.ca.us
14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001
CITY OF
VICTORVILLE
April 21, 2026
The Honorable Josh Becker, Chair
Senate Natural Resources & Water Committee
1021 O Street, Room 3220
Sacramento, CA 95814
RE: SB 1063 – Western Joshua Tree Conservation Act: life-sustaining services: take permit Dear Senator Becker,
The City of Victorville is pleased to support Senate Bill 1063 (Ochoa Bogh), which would ensure 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.
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.
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.
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 homeowners . This approach e nsures they can obtain essential utility services without facing disproportionate financial burdens or indefinite regulatory delays , and we urge your AYE vote when SB 1063 is heard in your committee.
Sincerely,
Elizabeth Becerra
Mayor
cc: Victorville City Council Members
Jason Gonsalves, Gonsalves & Sons
Senator Suzette Valladares
Laura Varela – League of California Cities