(1)Existing law, 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 provided. Under existing law, the Department of Fish and Wildlife may authorize, by permit, the taking of a western Joshua tree if certain conditions are met, including, among other conditions, that the permittee mitigates all impacts to, and the taking of, the western Joshua tree. Existing law authorizes the department to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects concurrent with its approval of the project if certain conditions are met. Existing law authorizes any person or public agency receiving a take authorization for a project to pay specified fees in lieu of satisfying the mitigation obligation on several bases, including if the project receives a permit issued by a county or city.

This bill would additionally authorize the department to enter into an agreement with any city to delegate to the city the ability to authorize the taking of western Joshua trees associated with developing commercial and industrial projects. The bill would, relative to other project types subject to delegated local mitigation authority, limit the bases for commercial or industrial projects to pay specified fees in lieu of satisfying the mitigation obligation, as provided.

(2)Existing law authorizes the department to issue a permit to authorize either the removal or trimming of a dead western Joshua tree or the trimming of a live western Joshua tree.

This bill would remove the reference to a dead or live western Joshua tree, thereby authorizing the department to issue a permit to authorize either the removal or trimming of any western Joshua tree.

Existing law authorizes the department to issue a permit for these purposes, without the payment of fees or other mitigation, provided that a dead western Joshua tree or any limbs to be removed meet at least one of a specified list of conditions.

This bill would revise and recast this provision to instead authorize the department to issue a permit, without the payment of fees or other mitigation, if either the western Joshua tree is located within 100 feet of an existing single-family home and any associated accessory structure or that removal or trimming is necessary for the homeowner to meet defensible space requirements, as provided.

(1)Existing law, 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 provided. Under existing law, the Department of Fish and Wildlife may authorize, by permit, the taking of a western Joshua tree if certain conditions are met, including, among other conditions, that the permittee mitigates all impacts to, and the taking of, the western Joshua tree. Existing law authorizes the department to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects concurrent with its approval of the project if certain conditions are met. Existing law authorizes any person or public agency receiving a take authorization for a project to pay specified fees in lieu of satisfying the mitigation obligation on several bases, including if the project receives a permit issued by a county or city.

This bill would additionally authorize the department to enter into an agreement with any city to delegate to the city the ability to authorize the taking of western Joshua trees associated with developing commercial and industrial projects. The bill would, relative to other project types subject to delegated local mitigation authority, limit the bases for commercial or industrial projects to pay specified fees in lieu of satisfying the mitigation obligation, as provided.

Existing law, the Western Joshua Tree Conservation Act, requires the Department of Fish and Wildlife to submit an annual report to the Fish and Game Commission and the Legislature assessing the conservation status of the western Joshua tree, as provided.

This bill would make a nonsubstantive change to that law.

GOVERNOR'S VETO

GV Bill Id:AB 1089

Author:(Carrillo)

As Enrolled Ver:September 16, 2025

2/3 vote

SUMMARY

Authorizes the Department of Fish and Wildlife (CDFW) to enter into an agreement with any city to delegate to the city the taking of a western Joshua tree associated with commercial and industrial projects as well as revises CDFW's authority to issue a permit for the removal of a western Joshua tree, including to meet defensible space requirements.

Governor's Veto Message

"This bill authorizes [CDFW] to enter into an agreement with any city to delegate to the city the taking of a Western Joshua Tree associated with commercial and industrial projects. In addition, this bill revises CDFW's authority to issue a permit for the removal of a Western Joshua

Tree around single-family homes.

The Western Joshua Tree Conservation Act (WJTCA) of 2023 was carefully crafted to balance the need to develop housing and clean energy projects in the Mojave Desert region, while creating a robust but practical permitting process aimed at protecting one of California's most iconic species. The [WJTCA] currently authorizes CDFW to enter into an agreement with any county or city and delegate limited authority to permit the taking of a Western Joshua Tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects.

While I recognize the desire to expand this delegated authority to include the taking of these trees where commercial and industrial projects are sited, this bill goes too far in authorizing the blanket removal of these trees near single-family homes that will ultimately undermine Western Joshua Tree protections and conservation requirements under the [WJTCA]. Furthermore, this bill would increase the complexity and time required to manage the permitting process as modified by this measure.

COMMENTS

Western Joshua trees are widely distributed in the Mojave Desert region of California. According to CDFW's Status Review of the species, estimates indicate that the abundance of the western Joshua tree is currently relatively high, but there is high uncertainty in estimates of population size due to both the uncertainty of density estimates, and uncertainty regarding how much area is occupied by the species.

To provide protections to western Joshua trees and hopefully prevent an official listing while enabling development, the WJTCA was enacted in 2023. The WJTCA prohibits the importation, export, take, possession, purchase, or sale of any western Joshua tree in California unless authorized by CDFW. WJTCA authorizes CDFW to issue permits for the incidental take of one or more western Joshua trees if the permittee meets certain conditions. Permittees may pay specified fees in lieu of conducting mitigation activities. WJTCA also authorizes CDFW to issue permits for the removal of dead western Joshua trees and the trimming of live western Joshua trees under certain circumstances.

Pursuant to the WJTCA, CDFW may enter into an agreement with any county or city to delegate limited authority to permit the take of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects (Delegation Agreements). Delegation Agreements for this purpose limit the number of trees that may be taken depending on the type of project. CDFW may similarly enter into Delegation Agreements with any county or city to permit the removal of dead western Joshua trees and the trimming of live western Joshua trees. Delegation Agreements just became available as of February 28, 2024 and CDFW began negotiating agreements with several local agencies. To date, no delegation agreements have been approved.

According to the Author

"The Western Joshua Tree is an iconic symbol of the High Desert region and I support the preservation of this species. Although the state has been moving in the right direction to protect this iconic species while meeting our state's goals, we still need to address the need to streamline permitting for projects that are vital economic developments for local governments in the growing Antelope Valley and throughout the high desert. With the increased cost of living and lack of space in the metropolitan areas of Los Angeles, more people are continuing to move into the High Desert region. We must strike a balance between conservation and the urgently needed housing and economic development that is needed to address the increases in population."

Arguments in Support

Several groups write in support of this bill referencing the escalating cost and regulatory complexity due to the WJTCA. They note that increasing local government engagement, as proposed by this bill, will reduce environmental impacts and costs to the state. San Bernardino County adds that this bill "makes targeted, pragmatic updates" to the WJTCA to "ensure continued conservation of this iconic desert species while addressing urgent local needs for economic development and wildfire resilience."

Arguments in Opposition

None on file. Previous opposition has changed their position to neutral.

FISCAL COMMENTS

According to the Senate Appropriations Committee, this bill has unknown, but potentially significant ongoing costs, likely in the high hundreds of thousands of dollars annually (General Fund).

VOTES

ASM WATER, PARKS, AND WILDLIFE: 11-0-2

YES: Papan, Jeff Gonzalez, Alvarez, Ávila Farías, Bains, Bennett, Hart, Macedo, Celeste Rodriguez, Rogers, Tangipa

ABS, ABST OR NV: Boerner, Caloza

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ASSEMBLY FLOOR: 65-0-14

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Carrillo, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Rivas

ABS, ABST OR NV: Boerner, Bonta, Bryan, Caloza, Connolly, Elhawary, Flora, Jackson, Kalra, Krell, Muratsuchi, Sanchez, Schultz, Zbur

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ASSEMBLY FLOOR: 76-0-4

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Johnson, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Boerner, Jackson, Kalra, Muratsuchi

UPDATED

VERSION: September 16, 2025

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0002153

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1089

Author:(Carrillo)

As Amended Ver:July 21, 2025

Majority vote

SUMMARY

Authorizes the Department of Fish and Wildlife (CDFW) to enter into an agreement with any city to delegate to the city the taking of a western Joshua tree associated with commercial and industrial projects.

Senate Amendments

Revise CDFW's authority to issue a permit for the removal of a western Joshua tree, including to meet defensible space requirements.

COMMENTS

Western Joshua trees are widely distributed in the Mojave Desert region of California. According to CDFW's Status Review of the species, estimates indicate that the abundance of the western Joshua tree is currently relatively high, but there is high uncertainty in estimates of population size due to both the uncertainty of density estimates, and uncertainty regarding how much area is occupied by the species.

To provide protections to western Joshua trees and hopefully prevent an official listing while enabling development, the Western Joshua Tree Conservation Act (WJTCA) was enacted in 2023. The WJTCA prohibits the importation, export, take, possession, purchase, or sale of any western Joshua tree in California unless authorized by CDFW. WJTCA authorizes CDFW to issue permits for the incidental take of one or more western Joshua trees if the permittee meets certain conditions. Permittees may pay specified fees in lieu of conducting mitigation activities. WJTCA also authorizes CDFW to issue permits for the removal of dead western Joshua trees and the trimming of live western Joshua trees under certain circumstances.

Pursuant to the WJTCA, CDFW may enter into an agreement with any county or city to delegate limited authority to permit the take of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects (Delegation Agreements). Delegation Agreements for this purpose limit the number of trees that may be taken depending on the type of project. CDFW may similarly enter into Delegation Agreements with any county or city to permit the removal of dead western Joshua trees and the trimming of live western Joshua trees. Delegation Agreements just became available as of February 28, 2024 and CDFW began negotiating agreements with several local agencies. To date, no delegation agreements have been approved.

According to the Author

"The Western Joshua Tree is an iconic symbol of the High Desert region and I support the preservation of this species. Although the state has been moving in the right direction to protect this iconic species while meeting our state's goals, we still need to address the need to streamline permitting for projects that are vital economic developments for local governments in the growing Antelope Valley and throughout the high desert. With the increased cost of living and lack of space in the metropolitan areas of Los Angeles, more people are continuing to move into the High Desert region. We must strike a balance between conservation and the urgently needed housing and economic development that is needed to address the increases in population."

Arguments in Support

Several groups write in support of this bill referencing the escalating cost and regulatory complexity due to the WJTCA. They note that increasing local government engagement, as proposed by this bill, will reduce environmental impacts and costs to the state. San Bernardino County adds that this bill "makes targeted, pragmatic updates" to the WJTCA to "ensure continued conservation of this iconic desert species while addressing urgent local needs for economic development and wildfire resilience."

Arguments in Opposition

None on file. Previous opposition has changed their position to neutral.

FISCAL COMMENTS

According to the Senate Appropriations Committee, this bill has unknown, but potentially significant ongoing costs, likely in the high hundreds of thousands of dollars annually (General Fund).

VOTES:

ASM WATER, PARKS, AND WILDLIFE: 11-0-2

YES: Papan, Jeff Gonzalez, Alvarez, Ávila Farías, Bains, Bennett, Hart, Macedo, Celeste Rodriguez, Rogers, Tangipa

ABS, ABST OR NV: Boerner, Caloza

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ASSEMBLY FLOOR: 65-0-14

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Carrillo, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Rivas

ABS, ABST OR NV: Boerner, Bonta, Bryan, Caloza, Connolly, Elhawary, Flora, Jackson, Kalra, Krell, Muratsuchi, Sanchez, Schultz, Zbur

UPDATED

VERSION: July 21, 2025

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0002082

 THIRD READING  

Bill No: AB 1089

Author: Carrillo (D)

Amended: 7/21/25 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 6-0, 7/16/25

AYES: Limón, Seyarto, Allen, Hurtado, Laird, Stern

NO VOTE RECORDED: Grove

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25

AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 65-0, 4/28/25 - See last page for vote

SUBJECT: Western Joshua Tree Conservation Act: industrial projects and commercial projects: tree removal and trimming

SOURCE: Author

DIGEST:

This bill (1) authorizes the California Department of Fish and Wildlife (CDFW) to enter into an agreement with any city to delegate to the city the taking of a Western Joshua Tree (WJT) associated with commercial and industrial projects in certain conditions, and (2) revises CDFW’s authority to issue a permit for the removal of WJT, including to meet defensible space requirements, among other provisions, as specified.

ANALYSIS:

Existing law:

1. Prohibits the taking of an endangered or threatened species, except in certain situations. (Fish and Game Code (FGC) §§2070 et seq.). Defines “take” as hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. (FGC §86)
2. Allows CDFW to authorize the taking of listed species pursuant to an incidental take permit if the taking is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. (FGC §§2081; 2084)
3. Establishes the Western Joshua Tree Conservation Act that enacts the following, among other provisions (FGC §§1927 et seq.):
   1. 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 WJT or any part or product of the tree, except as provided pursuant to existing law or by paying a specified fee;
   2. Specifies that certain take authorizations apply during any period in which the WJT has been designated by the California Fish and Game Commission (commission) as a candidate for listing under the California Endangered Species Act (CESA), if the commission lists the WJT as endangered or threatened pursuant to the CESA, and upon the approval of a natural community conservation plan in which the WJT is a covered species;
   3. Authorizes CDFW to issue a permit for the taking of a WJT if specified conditions are met, including, that the permittee mitigates all impacts to, and taking of, the WJT;
   4. Authorizes a permittee, in lieu of completing the mitigation measures on its own, to elect to satisfy the mitigation obligation by paying a fee pursuant to a specified fee schedule;
   5. Authorizes CDFW to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a WJT associated with developing single-family residences, accessory structures, and public works projects, as defined, concurrent with the city’s or county’s approval of the project;
   6. Authorizes CDFW or its designee to issue a permit to authorize the removal or trimming of a dead WJT or the trimming of a live WJT; and without the payment of a fee or other mitigation in certain circumstances, such as when a dead WJT creates an imminent threat to health and safety, as provided.

This bill authorizes CDFW to enter into an agreement with any city to delegate to the city the taking of a WJT associated with commercial and industrial projects in certain conditions, and revises and recasts CDFW’s authority to issue a permit for the removal of WJT, including to meet defensible space requirements, among other provisions, as specified.

This bill:

1. Authorizes CDFW to additionally enter into a delegation agreement with a city to authorize the take of a WJT associated with developing commercial and industrial projects concurrent with the city’s approval.
   1. Requires the commercial or industrial project to take no more than 10 WJT.
   2. Prohibits the commercial or industrial project from using the reduced in lieu mitigation fees, unless those projects are within a certain boundary, as specified.
2. Additionally authorizes CDFW to issue a permit without payment of a fee or other required mitigation to authorize the removal or trimming of:
   1. A dead WJT limb if it has fallen over and is within 30 feet of a structure, is leaning against an existing structure, or creates an imminent threat to health and safety.
   2. A WJT located within 100 feet of an existing single-family home and any associated accessory structure, and removal or trimming is necessary for the homeowner to meet defensible space requirements, as provided. An existing exemption to the California Environmental Quality Act applies to all permits issued to the homeowner to perform this work, as specified.
3. Requires CDFW to approve or deny a permit within 30 days for the defensible space treatments described above in 2b). Adds a dead WJT limb, as described above in 2a), to existing CDFW requirements to approve or deny a permit within 10 or 30 days for the removal or trimming of a dead WJT tree, as provided.
4. Makes various technical and conforming changes.

[NOTE: See the Senate Natural Resources and Water Committee analysis for additional information regarding this bill.]

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Unknown but potentially significant ongoing costs, likely in the high hundreds of thousands of dollars annually (General Fund), for CDFW to implement the provisions of this bill.

SUPPORT: (Verified 9/9/25)

Antelope Valley Economic Development & Growth Enterprise

California Cement Manufacturers Environmental Coalition

Community Water Systems Alliance

County of San Bernardino

Palmdale Water District

OPPOSITION: (Verified 9/9/25)

Audubon California

California Department of Finance

California Native Plant Society

Defenders of Wildlife

Mojave Desert Land Trust

Planning and Conservation League

Sierra Club California

ARGUMENTS IN SUPPORT: According to the author, “The Western Joshua Tree is an iconic symbol of the High Desert region and I support the preservation of this species. Although the state has been moving in the right direction to protect this iconic species while meeting our state’s goals, we still need to address the need to streamline permitting for projects that are vital economic developments for local governments in the growing Antelope Valley and throughout the high desert. With the increased cost of living and lack of space in the metropolitan areas of Los Angeles, more people are continuing to move into the High Desert region. We must strike a balance between conservation and the urgently needed housing and economic development that is needed to address the increases in population.”

San Bernardino County adds that AB 1089 “makes targeted, pragmatic updates” to the WJTCA to “ ensure continued conservation of this iconic desert species while addressing urgent local needs for economic development and wildfire resilience.”

ARGUMENTS IN OPPOSITION: The Center for Biological Diversity writes in opposition that “AB 1089 represents an unnecessary and premature amendment to the [WJTCA] that would weaken critical protections for the western Joshua Tree and undermine the delicate and carefully negotiated compromise that led to the Act’s passage.” The Center continues that the WJTCA “strikes a delicate balance: protecting the western Joshua tree, streamlining permitting for housing, renewable energy, and public works projects while protecting the integrity of CESA […]”

In a joint sign-on opposition letter, the Defenders of Wildlife and others write that the WJTCA delegated “‘take’ authority to local government for a limited class of projects (single-family residences, multifamily residences, accessory structures, and public works projects). […] To date, no local government has signed a delegation agreement. Therefore, it is too soon to know if the framework of SB 122 does or does not work.”

Opponents also recommend that the in lieu fees be raised as they are too low to provide for adequate mitigation.

ASSEMBLY FLOOR: 65-0, 4/28/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Carrillo, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Rivas

NO VOTE RECORDED: Boerner, Bonta, Bryan, Caloza, Connolly, Elhawary, Flora, Jackson, Kalra, Krell, Muratsuchi, Sanchez, Schultz, Zbur

Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116

9/9/25 13:53:25

**** END ****

 THIRD READING  

Bill No: AB 1089

Author: Carrillo (D)

Amended: 7/21/25 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 6-0, 7/16/25

AYES: Limón, Seyarto, Allen, Hurtado, Laird, Stern

NO VOTE RECORDED: Grove

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25

AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 65-0, 4/28/25 - See last page for vote

SUBJECT: Western Joshua Tree Conservation Act: industrial projects and commercial projects: tree removal and trimming

SOURCE: Author

DIGEST:

This bill (1) authorizes the California Department of Fish and Wildlife (CDFW) to enter into an agreement with any city to delegate to the city the taking of a Western Joshua Tree (WJT) associated with commercial and industrial projects in certain conditions, and (2) revises CDFW’s authority to issue a permit for the removal of WJT, including to meet defensible space requirements, among other provisions, as specified.

ANALYSIS:

Existing law:

1. Prohibits the taking of an endangered or threatened species, except in certain situations. (Fish and Game Code (FGC) §§2070 et seq.). Defines “take” as hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. (FGC §86)
2. Allows CDFW to authorize the taking of listed species pursuant to an incidental take permit if the taking is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. (FGC §§2081; 2084)
3. Establishes the Western Joshua Tree Conservation Act that enacts the following, among other provisions (FGC §§1927 et seq.):
   1. 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 WJT or any part or product of the tree, except as provided pursuant to existing law or by paying a specified fee;
   2. Specifies that certain take authorizations apply during any period in which the WJT has been designated by the California Fish and Game Commission (commission) as a candidate for listing under the California Endangered Species Act (CESA), if the commission lists the WJT as endangered or threatened pursuant to the CESA, and upon the approval of a natural community conservation plan in which the WJT is a covered species;
   3. Authorizes CDFW to issue a permit for the taking of a WJT if specified conditions are met, including, that the permittee mitigates all impacts to, and taking of, the WJT;
   4. Authorizes a permittee, in lieu of completing the mitigation measures on its own, to elect to satisfy the mitigation obligation by paying a fee pursuant to a specified fee schedule;
   5. Authorizes CDFW to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a WJT associated with developing single-family residences, accessory structures, and public works projects, as defined, concurrent with the city’s or county’s approval of the project;
   6. Authorizes CDFW or its designee to issue a permit to authorize the removal or trimming of a dead WJT or the trimming of a live WJT; and without the payment of a fee or other mitigation in certain circumstances, such as when a dead WJT creates an imminent threat to health and safety, as provided.

This bill authorizes CDFW to enter into an agreement with any city to delegate to the city the taking of a WJT associated with commercial and industrial projects in certain conditions, and revises and recasts CDFW’s authority to issue a permit for the removal of WJT, including to meet defensible space requirements, among other provisions, as specified.

This bill:

1. Authorizes CDFW to additionally enter into a delegation agreement with a city to authorize the take of a WJT associated with developing commercial and industrial projects concurrent with the city’s approval.
   1. Requires the commercial or industrial project to take no more than 10 WJT.
   2. Prohibits the commercial or industrial project from using the reduced in lieu mitigation fees, unless those projects are within a certain boundary, as specified.
2. Additionally authorizes CDFW to issue a permit without payment of a fee or other required mitigation to authorize the removal or trimming of:
   1. A dead WJT limb if it has fallen over and is within 30 feet of a structure, is leaning against an existing structure, or creates an imminent threat to health and safety.
   2. A WJT located within 100 feet of an existing single-family home and any associated accessory structure, and removal or trimming is necessary for the homeowner to meet defensible space requirements, as provided. An existing exemption to the California Environmental Quality Act applies to all permits issued to the homeowner to perform this work, as specified.
3. Requires CDFW to approve or deny a permit within 30 days for the defensible space treatments described above in 2b). Adds a dead WJT limb, as described above in 2a), to existing CDFW requirements to approve or deny a permit within 10 or 30 days for the removal or trimming of a dead WJT tree, as provided.
4. Makes various technical and conforming changes.

[NOTE: See the Senate Natural Resources and Water Committee analysis for additional information regarding this bill.]

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Unknown but potentially significant ongoing costs, likely in the high hundreds of thousands of dollars annually (General Fund), for CDFW to implement the provisions of this bill.

SUPPORT: (Verified 9/2/25)

Antelope Valley Economic Development & Growth Enterprise

California Cement Manufacturers Environmental Coalition

Community Water Systems Alliance

County of San Bernardino

Palmdale Water District

OPPOSITION: (Verified 9/2/25)

Audubon California

California Department of Finance

California Native Plant Society

Center for Biological Diversity

Defenders of Wildlife

Mojave Desert Land Trust

Planning and Conservation League

Sierra Club California

ARGUMENTS IN SUPPORT: According to the author, “The Western Joshua Tree is an iconic symbol of the High Desert region and I support the preservation of this species. Although the state has been moving in the right direction to protect this iconic species while meeting our state’s goals, we still need to address the need to streamline permitting for projects that are vital economic developments for local governments in the growing Antelope Valley and throughout the high desert. With the increased cost of living and lack of space in the metropolitan areas of Los Angeles, more people are continuing to move into the High Desert region. We must strike a balance between conservation and the urgently needed housing and economic development that is needed to address the increases in population.”

San Bernardino County adds that AB 1089 “makes targeted, pragmatic updates” to the WJTCA to “ ensure continued conservation of this iconic desert species while addressing urgent local needs for economic development and wildfire resilience.”

ARGUMENTS IN OPPOSITION: The Center for Biological Diversity writes in opposition that “AB 1089 represents an unnecessary and premature amendment to the [WJTCA] that would weaken critical protections for the western Joshua Tree and undermine the delicate and carefully negotiated compromise that led to the Act’s passage.” The Center continues that the WJTCA “strikes a delicate balance: protecting the western Joshua tree, streamlining permitting for housing, renewable energy, and public works projects while protecting the integrity of CESA […]”

In a joint sign-on opposition letter, the Defenders of Wildlife and others write that the WJTCA delegated “‘take’ authority to local government for a limited class of projects (single-family residences, multifamily residences, accessory structures, and public works projects). […] To date, no local government has signed a delegation agreement. Therefore, it is too soon to know if the framework of SB 122 does or does not work.”

Opponents also recommend that the in lieu fees be raised as they are too low to provide for adequate mitigation.

ASSEMBLY FLOOR: 65-0, 4/28/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Carrillo, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Rivas

NO VOTE RECORDED: Boerner, Bonta, Bryan, Caloza, Connolly, Elhawary, Flora, Jackson, Kalra, Krell, Muratsuchi, Sanchez, Schultz, Zbur

Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116

9/2/25 9:49:01

**** END ****

 THIRD READING  

Bill No: AB 1089

Author: Carrillo (D)

Amended: 7/21/25 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 6-0, 7/16/25

AYES: Limón, Seyarto, Allen, Hurtado, Laird, Stern

NO VOTE RECORDED: Grove

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25

AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 65-0, 4/28/25 - See last page for vote

SUBJECT: Western Joshua Tree Conservation Act: industrial projects and commercial projects: tree removal and trimming

SOURCE: Author

DIGEST:

This bill (1) authorizes the California Department of Fish and Wildlife (CDFW) to enter into an agreement with any city to delegate to the city the taking of a Western Joshua Tree (WJT) associated with commercial and industrial projects in certain conditions, and (2) revises CDFW’s authority to issue a permit for the removal of WJT, including to meet defensible space requirements, among other provisions, as specified.

ANALYSIS:

Existing law:

1. Prohibits the taking of an endangered or threatened species, except in certain situations. (Fish and Game Code (FGC) §§2070 et seq.). Defines “take” as hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. (FGC §86)
2. Allows CDFW to authorize the taking of listed species pursuant to an incidental take permit if the taking is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. (FGC §§2081; 2084)
3. Establishes the Western Joshua Tree Conservation Act that enacts the following, among other provisions (FGC §§1927 et seq.):
   1. 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 WJT or any part or product of the tree, except as provided pursuant to existing law or by paying a specified fee;
   2. Specifies that certain take authorizations apply during any period in which the WJT has been designated by the California Fish and Game Commission (commission) as a candidate for listing under the California Endangered Species Act (CESA), if the commission lists the WJT as endangered or threatened pursuant to the CESA, and upon the approval of a natural community conservation plan in which the WJT is a covered species;
   3. Authorizes CDFW to issue a permit for the taking of a WJT if specified conditions are met, including, that the permittee mitigates all impacts to, and taking of, the WJT;
   4. Authorizes a permittee, in lieu of completing the mitigation measures on its own, to elect to satisfy the mitigation obligation by paying a fee pursuant to a specified fee schedule;
   5. Authorizes CDFW to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a WJT associated with developing single-family residences, accessory structures, and public works projects, as defined, concurrent with the city’s or county’s approval of the project;
   6. Authorizes CDFW or its designee to issue a permit to authorize the removal or trimming of a dead WJT or the trimming of a live WJT; and without the payment of a fee or other mitigation in certain circumstances, such as when a dead WJT creates an imminent threat to health and safety, as provided.

This bill authorizes CDFW to enter into an agreement with any city to delegate to the city the taking of a WJT associated with commercial and industrial projects in certain conditions, and revises and recasts CDFW’s authority to issue a permit for the removal of WJT, including to meet defensible space requirements, among other provisions, as specified.

This bill:

1. Authorizes CDFW to additionally enter into a delegation agreement with a city to authorize the take of a WJT associated with developing commercial and industrial projects concurrent with the city’s approval.
   1. Requires the commercial or industrial project to take no more than 10 WJT.
   2. Prohibits the commercial or industrial project from using the reduced in lieu mitigation fees, unless those projects are within a certain boundary, as specified.
2. Additionally authorizes CDFW to issue a permit without payment of a fee or other required mitigation to authorize the removal or trimming of:
   1. A dead WJT limb if it has fallen over and is within 30 feet of a structure, is leaning against an existing structure, or creates an imminent threat to health and safety.
   2. A WJT located within 100 feet of an existing single-family home and any associated accessory structure, and removal or trimming is necessary for the homeowner to meet defensible space requirements, as provided. An existing exemption to the California Environmental Quality Act applies to all permits issued to the homeowner to perform this work, as specified.
3. Requires CDFW to approve or deny a permit within 30 days for the defensible space treatments described above in 2b). Adds a dead WJT limb, as described above in 2a), to existing CDFW requirements to approve or deny a permit within 10 or 30 days for the removal or trimming of a dead WJT tree, as provided.
4. Makes various technical and conforming changes.

[NOTE: See the Senate Natural Resources and Water Committee analysis for additional information regarding this bill.]

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Unknown but potentially significant ongoing costs, likely in the high hundreds of thousands of dollars annually (General Fund), for CDFW to implement the provisions of this bill.

SUPPORT: (Verified 8/29/25)

Antelope Valley Economic Development & Growth Enterprise

California Cement Manufacturers Environmental Coalition

Community Water Systems Alliance

County of San Bernardino

Palmdale Water District

OPPOSITION: (Verified 8/29/25)

Audubon California

California Native Plant Society

Center for Biological Diversity

Defenders of Wildlife

Mojave Desert Land Trust

Planning and Conservation League

Sierra Club California

ARGUMENTS IN SUPPORT: According to the author, “The Western Joshua Tree is an iconic symbol of the High Desert region and I support the preservation of this species. Although the state has been moving in the right direction to protect this iconic species while meeting our state’s goals, we still need to address the need to streamline permitting for projects that are vital economic developments for local governments in the growing Antelope Valley and throughout the high desert. With the increased cost of living and lack of space in the metropolitan areas of Los Angeles, more people are continuing to move into the High Desert region. We must strike a balance between conservation and the urgently needed housing and economic development that is needed to address the increases in population.”

San Bernardino County adds that AB 1089 “makes targeted, pragmatic updates” to the WJTCA to “ ensure continued conservation of this iconic desert species while addressing urgent local needs for economic development and wildfire resilience.”

ARGUMENTS IN OPPOSITION: The Center for Biological Diversity writes in opposition that “AB 1089 represents an unnecessary and premature amendment to the [WJTCA] that would weaken critical protections for the western Joshua Tree and undermine the delicate and carefully negotiated compromise that led to the Act’s passage.” The Center continues that the WJTCA “strikes a delicate balance: protecting the western Joshua tree, streamlining permitting for housing, renewable energy, and public works projects while protecting the integrity of CESA […]”

In a joint sign-on opposition letter, the Defenders of Wildlife and others write that the WJTCA delegated “‘take’ authority to local government for a limited class of projects (single-family residences, multifamily residences, accessory structures, and public works projects). […] To date, no local government has signed a delegation agreement. Therefore, it is too soon to know if the framework of SB 122 does or does not work.”

Opponents also recommend that the in lieu fees be raised as they are too low to provide for adequate mitigation.

ASSEMBLY FLOOR: 65-0, 4/28/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Carrillo, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Rivas

NO VOTE RECORDED: Boerner, Bonta, Bryan, Caloza, Connolly, Elhawary, Flora, Jackson, Kalra, Krell, Muratsuchi, Sanchez, Schultz, Zbur

Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116

8/30/25 13:34:41

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

AB 1089 (Carrillo) - Western Joshua Tree Conservation Act: industrial projects and commercial projects: tree removal and trimming

Bill Summary:

This bill would authorize the California Department of Fish and Wildlife (CDFW) to enter into an agreement with any city to delegate to the city the taking of a western Joshua tree associated with commercial and industrial projects in certain conditions, as provided.

Fiscal Impact:

• Unknown but potentially significant ongoing costs, likely in the high hundreds of thousands of dollars annually (General Fund), for CDFW to implement the provisions of this bill.

Background:

The western Joshua tree (Yucca brevifolia)^. According to the Assembly Water, Parks, and Wildlife Committee, the western Joshua tree (WJT) is a member of the Agave family. The WJT is a monocot in the subgroup of flowering plants that also includes grasses and orchids. Many birds, mammals, reptiles, and insects depend on the WJT for food and shelter, and it is both culturally and ecologically important.

WJT seeds germinate rarely, and young WJTs may grow quickly in the first five years, then slow down considerably thereafter. WJT grow at rates between 0.5 – 3 inches annually, and the tallest WJT can be more than forty feet high. Some researchers think an average lifespan for a WJT is about 150 years, but some of the largest trees may be older.

WJTs are widely distributed in the Mojave Desert region of California. According to the California Department of Fish and Wildlife’s (CDFW’s) Status Review of the species, estimates indicate that the abundance of the WJT is currently relatively high, but there is considerable uncertainty in population size estimates.

Threats to the WJT. WJT populations within the state declined following European settlement of the Mojave Desert region, primarily due to habitat loss and degradation related to agricultural conversion and development. CDFW estimates that approximately 30% of the habitat occupied by WJT in California may have been modified between European settlement and the present. Habitat loss, wildfires, aridification, and other climate change effects are major threats to the WJT. For example, in 2020, the Dome Fire incinerated 1.3 million Joshua trees in a part of the Mojave National Preserve called the Cima Dome. While potentially less immediate than other threats, climate change could represent an existential threat to the WJT. CDFW anticipates that some of the impacts of climate change (e.g., increased temperatures and decreased total water availability locally) will in all likelihood contribute to a decline in WJT populations within the state by 2100. In addition, CDFW estimates that 7.2% of the WJT range has been developed for other uses.

Proposed WJT listing under the California Endangered Species Act (CESA). In response to these threats, the WJT was proposed for listing as threatened under CESA at the Fish and Game Commission (commission) in late 2019. The commission accepted the WJT as a candidate species in 2020, and has not made a final decision on the listing yet. While a candidate for listing, the western Joshua tree has similar protections to those of a listed species. This includes take prohibitions and take authorization through permits obtained from CDFW. Since becoming a candidate, take permits were issued under Fish and Game Code (FGC) §2081 and §2084.

The Western Joshua Tree Conservation Act (WJTCA). To provide protections to WJT and in an effort to prevent an official listing under CESA while enabling development, WJTCA was enacted in 2023. The WJTCA provides a carefully circumscribed additional and alternative permitting mechanism for “take” of the species. The WJTCA prohibits the import, export, take, possession, purchase, or sale of any WJT in California unless authorized by CDFW. WJTCA authorizes CDFW to issue permits for the incidental take of one or more western Joshua trees if the permittee meets certain conditions. Permittees may pay specified fees in lieu of conducting mitigation activities. WJTCA also authorizes CDFW to issue permits for the removal of dead western Joshua trees and the trimming of live western Joshua trees under certain circumstances.

Pursuant to the WJTCA, CDFW may enter into an agreement with any county or city to delegate limited authority to permit WJT take associated with developing single-family residences, multifamily residences, accessory structures, and public works projects. These so-called delegation agreements limit the number of WJTs that may be taken depending on the type of project. CDFW may similarly enter into delegation agreements with any county or city to permit the removal of dead western Joshua trees and the trimming of live western Joshua trees. No delegation agreements have yet been executed to Committee staff knowledge, and they have been available for only about 1-1/3 years.

Under WJTCA, all in-lieu fees collected will be deposited into the Conservation Fund for appropriation to CDFW solely for the purposes of acquiring, conserving, and managing WJT conservation lands and completing other activities to conserve the WJT. Additionally, WJTCA requires CDFW to develop and implement a WJT conservation plan, as provided. The final conservation plan was approved by the commission in June 2025. CDFW must also compile annual reports assessing WJT conservation status and submit them to the commission and Legislature annually. The first report was delivered earlier this year. The commission is expected to postpone final consideration of the petition to list the WJT until CDFW submits an updated status review to the commission by no later than January 1, 2033. 

WJTCA implementation In July 2024, CDFW released the WJT Relocation Guides and Protocols to guide how and when to relocate WJTs to minimize impacts to populations, prevent habitat fragmentation, and preserve WJT connectivity. CDFW has also implemented two permitting systems: to date, 25 incidental take permits and 350 hazardous management permits have been issued. The 258 projects authorized during 2023–2024 have resulted in the taking of 3,175 WJTs, the development of 2,888 acres of WJT woodland and just over $3 million in in-lieu fees remitted. CDFW purchased 283 acres of WJT habitat near the Kern River Valley.

Proposed Law:

This bill would authorize CDFW to enter into an agreement with any city to delegate to the city the taking of a WJT associated with commercial and industrial projects in certain conditions, as provided.

Specifically, this bill would:

1. Authorize CDFW to additionally enter into a delegation agreement with a city to authorize the take of a WJT associated with developing commercial and industrial projects concurrent with the city’s approval.
   1. Require the commercial or industrial project to take no more than 10 WJT.
   2. Prohibit the commercial or industrial project from using the reduced in lieu mitigation fees, unless those projects are within a certain boundary, as specified.
   3. Make technical and conforming changes.
2. Allow CDFW to issue a permit to authorize either the removal or trimming of a WJT, as provided, without payment of fees or other mitigation, provided that either of the following apply:
   1. A dead western Joshua tree or any limb to be removed meets one of the following conditions:
      1. (i) Has fallen over and is within 30 feet of a structure.
      2. Is leaning against an existing structure.
      3. Creates an imminent threat to public health or safety.
   2. A western Joshua tree is located within 100 feet of an existing single-family home and any associated accessory structure, and removal or trimming is necessary for the homeowner to meet defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or a local ordinance. Subdivision (c) of Section 21080.49 of the Public Resources Code applies to all permits issued by the department to the homeowner, pursuant to this subparagraph, for the removal or trimming of any western Joshua tree within 100 feet of a structure in the state responsibility area, and high and very high fire hazard severity zones in the local responsibility area.

Related Legislation:

SB 131 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2025) establishes a statutory exemption from the California Environmental Quality Act for defensible space projects to reduced wildfire risk, among other provisions.

AB 2443 (Carillo, 2024) would have addressed commercial and industrial projects under the WJTCA in a similar fashion to this bill. (This bill was subsequently amended into a bill about transaction and use tax.)

SB 122 (Committee on Budget and Fiscal Review, Chapter 51, Statutes of 2023), a public resources budget trailer bill, establishes the WJTCA.

AB 1183 (Ramos), Chapter 380, Statutes of 2021, establishes the California Desert Conservation Program at the Wildlife Conservation Board to acquire, preserve, restore, and enhance desert habitat within the California deserts region.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Monique Limón, Chair

2025 - 2026 Regular

Bill No: AB Hearing Date: July 16, 2025

Subject: Western Joshua Tree Conservation Act: industrial projects and commercial projects

SUMMARY

This bill would authorize the California Department of Fish and Wildlife to enter into an agreement with any city to delegate to the city the taking of a western Joshua tree associated with commercial and industrial projects in certain conditions, as provided.

BACKGROUND AND EXISTING LAW

The western Joshua tree (Yucca brevifolia)^[1]

According to the Assembly Water, Parks, and Wildlife Committee, the western Joshua tree (WJT) is a member of the Agave family. The WJT is a monocot in the subgroup of flowering plants that also includes grasses and orchids. Many birds, mammals, reptiles, and insects depend on the WJT for food and shelter, and it is both culturally and ecologically important.

WJT seeds germinate rarely, and young WJTs may grow quickly in the first five years, then slow down considerably thereafter. WJT grow at rates between 0.5 – 3 inches annually, and the tallest WJT can be more than forty feet high. Some researchers think an average lifespan for a WJT is about 150 years, but some of the largest trees may be older.

WJTs are widely distributed in the Mojave Desert region of California. According to the California Department of Fish and Wildlife’s (CDFW’s) Status Review of the species, estimates indicate that the abundance of the WJT is currently relatively high, but there is considerable uncertainty in population size estimates.

Threats to the WJT

WJT populations within the state declined following European settlement of the Mojave Desert region, primarily due to habitat loss and degradation related to agricultural conversion and development. CDFW estimates that approximately 30% of the habitat occupied by WJT in California may have been modified between European settlement and the present. Habitat loss, wildfires, aridification, and other climate change effects are major threats to the WJT. For example, in 2020, the Dome Fire incinerated 1.3 million Joshua trees in a part of the Mojave National Preserve called the Cima Dome. While potentially less immediate than other threats, climate change could represent an existential threat to the WJT. CDFW anticipates that some of the impacts of climate change (e.g., increased temperatures and decreased total water availability locally) will in all likelihood contribute to a decline in WJT populations within the state by 2100. In addition, CDFW estimates that 7.2% of the WJT range has been developed for other uses.^[2]

Proposed WJT listing under the California Endangered Species Act (CESA)

In response to these threats, the WJT was proposed for listing as threatened under CESA at the Fish and Game Commission (commission) in late 2019. The commission accepted the WJT as a candidate species in 2020, and has not made a final decision on the listing yet. While a candidate for listing, the western Joshua tree has similar protections to those of a listed species. This includes take prohibitions and take authorization through permits obtained from CDFW. Since becoming a candidate, take permits were issued under Fish and Game Code (FGC) §2081 and §2084.

The Western Joshua Tree Conservation Act (WJTCA)

To provide protections to WJT and in an effort to prevent an official listing under CESA while enabling development, WJTCA was enacted in 2023. The WJTCA provides a carefully circumscribed additional and alternative permitting mechanism for “take” of the species. The WJTCA prohibits the import, export, take, possession, purchase, or sale of any WJT in California unless authorized by CDFW. WJTCA authorizes CDFW to issue permits for the incidental take of one or more western Joshua trees if the permittee meets certain conditions. Permittees may pay specified fees in lieu of conducting mitigation activities. WJTCA also authorizes CDFW to issue permits for the removal of dead western Joshua trees and the trimming of live western Joshua trees under certain circumstances.

Pursuant to the WJTCA, CDFW may enter into an agreement with any county or city to delegate limited authority to permit WJT take associated with developing single-family residences, multifamily residences, accessory structures, and public works projects. These so-called delegation agreements limit the number of WJTs that may be taken depending on the type of project. CDFW may similarly enter into delegation agreements with any county or city to permit the removal of dead western Joshua trees and the trimming of live western Joshua trees. No delegation agreements have yet been executed to Committee staff knowledge, and they have been available for only about 1-1/3 years.

Under WJTCA, all in-lieu fees collected will be deposited into the Conservation Fund for appropriation to CDFW solely for the purposes of acquiring, conserving, and managing WJT conservation lands and completing other activities to conserve the WJT. Additionally, WJTCA requires CDFW to develop and implement a WJT conservation plan, as provided. The final conservation plan was approved by the commission in June 2025. CDFW must also compile annual reports assessing WJT conservation status and submit them to the commission and Legislature annually. The first report was delivered earlier this year. The commission is expected to postpone final consideration of the petition to list the WJT until CDFW submits an updated status review to the commission by no later than January 1, 2033. 

WJTCA implementation

In July 2024, CDFW released the WJT Relocation Guides and Protocols to guide how and when to relocate WJTs to minimize impacts to populations, prevent habitat fragmentation, and preserve WJT connectivity. CDFW has also implemented two permitting systems: to date, 25 incidental take permits and 350 hazardous management permits have been issued. The 258 projects authorized during 2023–2024 have resulted in the taking of 3,175 WJTs, the development of 2,888 acres of WJT woodland and just over $3 million in in-lieu fees remitted. CDFW purchased 283 acres of WJT habitat near the Kern River Valley.

Existing law:

1. Establishes CDFW and the commission in the California Natural Resources Agency. In general, CDFW implements and enforces the regulations set by the commission and provides data and expertise to inform the commission’s decision making.
2. Specifies that CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. (FGC §1802)
3. Defines “take” as hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. (FGC §86)
4. Prohibits the taking of an endangered or threatened species, except in certain situations. (FGC §§2070 et seq.)
5. Allows CDFW to authorize the taking of listed species pursuant to an incidental take permit if the taking is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. (FGC §§2081; 2084)
6. Establishes the WJTCA that enacts the following (FGC §§1927 et seq.):
   1. 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 WJT or any part or product of the tree, except as provided pursuant to existing law or by paying a specified fee;
   2. Specifies that certain take authorizations apply during any period in which the WJT has been designated by the commission as a candidate for listing under CESA, if the Commission lists the WJT as endangered or threatened pursuant to the CESA, and upon the approval of a natural community conservation plan in which the WJT is a covered species;
   3. Authorizes CDFW to issue a permit for the taking of a WJT if specified conditions are met, including, that the permittee mitigates all impacts to, and taking of, the WJT;
   4. Authorizes a permittee, in lieu of completing the mitigation measures on its own, to elect to satisfy the mitigation obligation by paying a fee pursuant to a specified fee schedule;
   5. Requires CDFW to annually adjust the fees for inflation, and to review the fees by December 31, 2026, and every four years thereafter, to ensure the conservation of WJT;
   6. Requires all fees remitted to CDFW to be deposited into the WJT Conservation Fund (Conservation Fund), as provided, and requires the moneys in the Conservation Fund, upon appropriation by the Legislature, to be used solely for the purposes of acquiring, conserving, and managing WJT conservation lands and completing other activities to conserve the WJT.
   7. Authorizes CDFW to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a WJT associated with developing single-family residences, accessory structures, and public works projects, as defined, concurrent with the city’s or county’s approval of the project;
   8. Authorizes CDFW or its designee to issue a permit to authorize the removal or trimming of a dead WJT or the trimming of a live WJT, as provided;
   9. Requires CDFW to develop and implement a WJT conservation plan, as provided. Specifies that CDFW shall present the final conservation plan at a public meeting of the commission, for its review and approval, by December 31, 2024, and requires the commission to take final action on the plan by June 30, 2025;
   10. Requires CDFW to submit an annual report to the commission and the Legislature addressing the conservation status of the WJT, as provided; and
   11. Requires the commission, beginning in 2026, and at least every four years thereafter, to, at a public meeting, review the status of the western Joshua tree and the effectiveness of the conservation plan, as specified.

PROPOSED LAW

This bill would authorize CDFW to enter into an agreement with any city to delegate to the city the taking of a WJT associated with commercial and industrial projects in certain conditions, as provided.

Specifically, this bill would:

1. Authorize CDFW to additionally enter into a delegation agreement with a city to authorize the take of a WJT associated with developing commercial and industrial projects concurrent with the city’s approval.
   1. Require the commercial or industrial project to take no more than 10 WJT.
   2. Prohibit the commercial or industrial project from using the reduced in lieu mitigation fees, unless those projects are within a certain boundary, as specified.
   3. Make technical and conforming changes.

ARGUMENTS IN SUPPORT

According to the author, “The Western Joshua Tree is an iconic symbol of the High Desert region and I support the preservation of this species. Although the state has been moving in the right direction to protect this iconic species while meeting our state’s goals, we still need to address the need to streamline permitting for projects that are vital economic developments for local governments in the growing Antelope Valley and throughout the high desert. With the increased cost of living and lack of space in the metropolitan areas of Los Angeles, more people are continuing to move into the High Desert region. We must strike a balance between conservation and the urgently needed housing and economic development that is needed to address the increases in population.”

ARGUMENTS IN OPPOSITION

The Center for Biological Diversity writes in opposition that “AB 1089 represents an unnecessary and premature amendment to the [WJTCA] that would weaken critical protections for the western Joshua Tree and undermine the delicate and carefully negotiated compromise that led to the Act’s passage.” The Center continues that the WJTCA “strikes a delicate balance: protecting the western Joshua tree, streamlining permitting for housing, renewable energy, and public works projects while protecting the integrity of CESA […]”

In a joint sign-on opposition letter, the Defenders of Wildlife and others write that the WJTCA delegated “‘take’ authority to local government for a limited class of projects (single-family residences, multifamily residences, accessory structures, and public works projects). […] To date, no local government has signed a delegation agreement. Therefore, it is too soon to know if the framework of SB 122 does or does not work.”

Opponents also recommend that the in lieu fees be raised as they are too low to provide for adequate mitigation.

COMMENTS

WJTCA implementation is still underway. The WJTCA is a relatively new program with some apparent growing pains. It is unclear if additional authority to reach delegation agreements between a local jurisdiction and CDFW is needed because none have been entered into to Committee staff knowledge. Opponents make a fair point that the WJTCA represented a heavily negotiated balance between competing interests, and changes to the WJTCA have the potential to either delay further implementation or upset the perceived balance between interests. On the other hand, it is not unusual for the implementation of a new program to reveal unanticipated issues for some of those affected.

Addressing wildfire risk. Prior to this bill’s hearing in Committee, various stakeholders, the author’s office, and Committee staff discussed how to streamline the approval of the take of WJT in order to comply with defensible space requirements required by law and local ordinance. Ultimately, the take of WJT up to 100 feet surround a structure (i.e. zones 0, 1, and 2) was proposed to be incorporated into the existing provisions to address dead and hazardous WJT which imposes no take fee on permittees.

The Committee may wish to amend the bill to add these provisions to ease approval of WJT take for defensible space purposes. [Amendment #1]

Additional concerns. Committee staff met with several public agencies and special districts engaged in public works projects that are impacted by the WJTCA. In particular at least some of the public works projects were for projects that began before the WJTCA became law and will be completed under the WJTCA. Some of the concerns may be common to the implementation of new programs while projects are underway. However, while the intent of the WJTCA is clear, it is less clear that all of its potential ramifications were understood and considered during its development. To be sure, the WJTCA is unique, and includes elements within it, such as required reviews, that should help to inform any needed changes. It is worth emphasizing that the WJTCA has been in effect only for a short time.

This Committee may wish to consider conducting oversight of the WJTCA and its implementation in the second half of this session as more information becomes available.

Recent related legislation

SB 131 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2025) establishes a statutory exemption from the California Environmental Quality Act for defensible space projects to reduced wildfire risk, among other provisions.

AB 2443 (Carillo, 2024) would have addressed commercial and industrial projects under the WJTCA in a similar fashion to this bill. (This bill was subsequently amended into a bill about transaction and use tax.)

SB 122 (Committee on Budget and Fiscal Review, Chapter 51, Statutes of 2023), a public resources budget trailer bill, establishes the WJTCA.

AB 1183 (Ramos), Chapter 380, Statutes of 2021, establishes the California Desert Conservation Program at the Wildlife Conservation Board to acquire, preserve, restore, and enhance desert habitat within the California deserts region.

SUGGESTED AMENDMENTS

AMENDMENT 1

Add and amend FGC §1927.4 as follows:

1927.4. (a) The department may issue a permit to authorize either the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees.

(1) Upon receipt of a permit and payment of any applicable administrative fees, a property owner or its agent may remove a detached dead western Joshua tree or the detached limb of a western Joshua tree. All other removals and all trimming of western Joshua trees authorized by permits issued pursuant to this subdivision shall be completed by a desert native plant specialist.

(2) The department may issue permits pursuant to this section, without payment of fees or other mitigation, provided that:

(A) the dead western Joshua trees or any limbs to be removed meet one of the following:

(i) (A) Have fallen over and are within 30 feet of a structure.

(ii) (B) Are leaning against an existing structure.

(iii) (C) Create an imminent threat to public health or safety.

(B) The western Joshua trees are located within 100 feet of an existing single family home and any associated accessory structure and removal or trimming is necessary for the homeowner to meet defensible space requirements pursuant to Public Resources Code section 4291, Government Code section 51182, or local ordinance. Subdivision (c) of Public Resources Code section 21080.49 applies for all permits issued by the department to the homeowner pursuant to this subsection for the removal or trimming of any western Joshua tree within 100 feet of a structure in the state responsibility area and high and very high fire hazard severity zones in the local responsibility area.

(3) A property owner seeking a permit pursuant to this subdivision shall submit a permit request to the department on a form to be provided by the department that requires the following information:

[…]

SUPPORT

Antelope Valley Economic Development & Growth Enterprise

California Cement Manufacturers Environmental Coalition

Community Water Systems Alliance

Palmdale Water District

OPPOSITION

Audubon California

California Native Plant Society

Center for Biological Diversity

Defenders of Wildlife

Mojave Desert Land Trust

Planning and Conservation League

Sierra Club California

-- END --

1. The eastern Joshua tree (Yucca jaegeriana) is a distinct variety of Joshua tree found mostly in the eastern Mojave Desert. It is not considered in this bill analysis. ↑

2. California Department of Fish and Wildlife (CDFW). 2025. Western Joshua Tree Conservation Plan. Presented to the California Fish and Game Commission, June 12, 2025. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 1089

Author:(Carrillo)

As Amended Ver:March 24, 2025

Majority vote

SUMMARY

Authorizes the Department of Fish and Wildlife (CDFW) to enter into an agreement with any city to delegate to the city the taking of a western Joshua tree associated with commercial and industrial projects.

Major Provisions

1. Prohibits the taking of more than 10 individual trees for commercial or industrial projects that are permitted through the delegated authority to cities.
2. Prohibits commercial and industrial projects permitted through delegated authorities to cities, from using the reduced in lieu mitigation fees, unless those projects are within a certain boundary.

COMMENTS

Western Joshua trees are widely distributed in the Mojave Desert region of California. According to CDFW's Status Review of the species, estimates indicate that the abundance of the western Joshua tree is currently relatively high, but there is high uncertainty in estimates of population size due to both the uncertainty of density estimates, and uncertainty regarding how much area is occupied by the species.

To provide protections to western Joshua trees and hopefully prevent an official listing while enabling development, the Western Joshua Tree Conservation Act (WJTCA) was enacted in 2023. The WJTCA prohibits the importation, export, take, possession, purchase, or sale of any western Joshua tree in California unless authorized by CDFW. WJTCA authorizes CDFW to issue permits for the incidental take of one or more western Joshua trees if the permittee meets certain conditions. Permittees may pay specified fees in lieu of conducting mitigation activities. WJTCA also authorizes CDFW to issue permits for the removal of dead western Joshua trees and the trimming of live western Joshua trees under certain circumstances.

Pursuant to the WJTCA, CDFW may enter into an agreement with any county or city to delegate limited authority to permit the take of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects (Delegation Agreements). Delegation Agreements for this purpose limit the number of trees that may be taken depending on the type of project. CDFW may similarly enter into Delegation Agreements with any county or city to permit the removal of dead western Joshua trees and the trimming of live western Joshua trees. Delegation Agreements just became available as of February 28, 2024 and CDFW began negotiating agreements with several local agencies. To date, no delegation agreements have been approved.

According to the Author

"The Western Joshua Tree is an iconic symbol of the High Desert region and I support the preservation of this species. Although the state has been moving in the right direction to protect this iconic species while meeting our state's goals, we still need to address the need to streamline permitting for projects that are vital economic developments for local governments in the growing Antelope Valley and throughout the high desert. With the increased cost of living and lack of space in the metropolitan areas of Los Angeles, more people are continuing to move into the High Desert region. We must strike a balance between conservation and the urgently needed housing and economic development that is needed to address the increases in population."

Arguments in Support

None on file

Arguments in Opposition

Several environmental groups write in opposition to amending WJTCA less than two years after the bill with into effect and claim the bill is "premature, undermines essential protections for the western Joshua tree, and re-opens a compromise that most environmental groups disliked." Opposition cites concerns with other actions that they believe have weakened WJTCA standards, such as solar developers, who had secured permits to take Joshua trees under the previous CESA rules renegotiated their take permits at the much lower fee. They state that "If this bill moves forward and re-opens the WJTCA, the undersigned organizations believe that the mitigation fees in SB 122 should be revisited due to the proposed changes to the [WJTCA] and the "changed circumstances" due to the solar industries' "bait and switch" tactics for fees."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, this bill will result in minor and absorbable costs to CDFW. This bill could reduce CDFW's workload by an indeterminate amount by delegating the permitting of some commercial and industrial projects to cities. A person or public agency receiving a take authorization for a commercial or industrial project would pay the required in-lieu fees regardless of whether the project proponent received the take authorization from CDFW or from a city.

VOTES

ASM WATER, PARKS, AND WILDLIFE: 11-0-2

YES: Papan, Jeff Gonzalez, Alvarez, Ávila Farías, Bains, Bennett, Hart, Macedo, Celeste Rodriguez, Rogers, Tangipa

ABS, ABST OR NV: Boerner, Caloza

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

UPDATED

VERSION: March 24, 2025

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0000284

Date of Hearing: April 23, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1089

Author:(Carrillo) – As Amended Ver:March 24, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes the Department of Fish and Wildlife (DFW) to enter into an agreement with any city to delegate to the city the ability to authorize the “taking” of a western Joshua tree associated with developing commercial and industrial projects, concurrent with the city’s approval of the project and if specified conditions are met.

FISCAL EFFECT:

Minor and absorbable costs to DFW. This bill could reduce DFW’s workload by an indeterminate amount by delegating the permitting of some commercial and industrial projects to cities. A person or public agency receiving a take authorization for a commercial or industrial project would pay the required in-lieu fees regardless of whether the project proponent received the take authorization from DFW or from a city.

COMMENTS:

1) Purpose. According to the author:

The Western Joshua Tree is an iconic symbol of the High Desert region and I support the preservation of this species. Although the state has been moving in the right direction to protect this iconic species while meeting our state’s goals, we still need to address the need to streamline permitting for projects that are vital economic developments for local governments in the growing Antelope Valley and throughout the high desert. With the increased cost of living and lack of space in the metropolitan areas of Los Angeles, more people are continuing to move into the High Desert region. We must strike a balance between conservation and the urgently needed housing and economic development that is needed to address the increases in population

2) Background. Enacted in 2023, the Western Joshua Tree Conservation Act prohibits the importation, export, take, possession, purchase, or sale of any western Joshua tree in California unless authorized by DFW. The act authorizes DFW to issue permits for the incidental take (a take that is incidental to otherwise lawful activities) of one or more western Joshua trees if the permittee meets certain conditions. Permittees may pay specified fees in lieu of conducting mitigation activities. The act also authorizes DFW to issue permits for the removal of dead western Joshua trees and the trimming of live western Joshua trees under certain circumstances.

Under the act, all in-lieu fees collected are deposited into the Western Joshua Tree Conservation Fund (Fund) for appropriation to DFW solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree. To date, DFW has collected approximately $9.3 million in fees and expended approximately $649,000 from the Fund.

Additionally, the act requires DFW to develop and implement a western Joshua tree conservation plan in collaboration with governmental agencies, California Native American Tribes, and the public. The complete draft conservation plan must be presented no later than December 31, 2024, at a public meeting of the Fish and Game Commission (FGC) for its review and approval. DFW must also develop annual reports assessing the conservation status of the western Joshua tree and submit them to the FGC and the Legislature no later than January 1 of each year, starting in 2025.

In July 2024, DFW released the Western Joshua Tree Relocation Guides and Protocols to guide how and when to relocate western Joshua trees to minimize impacts to populations, prevent habitat fragmentation, and preserve western Joshua tree connectivity. In November 2024, DFW released the draft conservation plan. FGC must take action to adopt the conservation plan by June 30, 2025. DFW has also implemented two permitting systems; specifically, to date, DFW has issued 45 incidental take permits and 426 hazardous management permits. The 45 incidental take permits have resulted in the lethal taking of approximately 23,637 western Joshua trees.

Pursuant to the act, DFW may enter into an agreement with any county or city to delegate limited authority to permit the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects. DFW may similarly enter into an agreement with any county or city to delegate limited authority to permit the removal of dead western Joshua trees and the trimming of live western Joshua trees. Delegation agreements became available in February 2024, but to date, no delegation agreements have been approved by DFW.

Several environmental groups write in opposition to amending the Western Joshua Tree Conservation Act less than two years after it with into effect and claim the bill is “premature, undermines essential protections for the western Joshua tree, and re-opens a compromise that most environmental groups disliked.” Opposition cites concerns with other actions that they believe have weakened the act’s standards, such as solar developers (who had secured permits to take Joshua trees under the previous California Endangered Species Act rules) renegotiating their take permits at the much lower fee established under the act. The coalition argues that if this bill moves forward and re-opens the act, “the mitigation fees in SB 122 should be revisited due to the proposed changes to the [WJTCA] and the “changed circumstances” due to the solar industries’ “bait and switch” tactics for fees.”

3) Prior Legislation. AB 2443 (Carrillo), Chapter 961, Statutes of 2024, was substantially similar to this bill when it was heard before this committee but was later amended to address transactions and use taxes.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: April 8, 2025

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Diane Papan, Chair

ABPCA Bill Id:AB 1089 (

Author:Carrillo) – As Amended Ver:March 24, 2025

SUBJECT: Western Joshua Tree Conservation Act: industrial projects and commercial projects

SUMMARY: Authorizes the Department of Fish and Wildlife (CDFW) to enter into an agreement with any city to delegate to the city the taking of a western Joshua tree associated with commercial and industrial projects. Specifically, this bill:

1. Prohibits the taking of more than 10 individual trees for commercial or industrial projects that are permitted through the delegated authority to cities.
2. Prohibits commercial and industrial projects permitted through delegated authorities to cities, from using the reduced in lieu mitigation fees, unless those projects are within a certain boundary, as specified.
3. Makes technical and conforming changes.

EXISTING LAW:

1. Specifies that CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species [Fish and Game Code (FGC) § 1802].
2. Defines “take” as hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill (FGC § 86).
3. Prohibits the taking of an endangered or threatened species, except in certain situations (FGC § 2080 et seq.).
4. Allows CDFW to authorize the taking of listed species pursuant to an incidental take permit if the taking is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species (FGC §§ 2081; 2084).
5. Establishes the Western Joshua Tree Conservation Act (WJTCA) that enacts the following (FGC § 1927 et seq.):
   1. 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 provided pursuant to existing law or by paying a specified fee;
   2. Specifies that certain take authorizations apply during any period in which the western Joshua tree has been designated by the Fish and Game Commission (Commission) as a candidate for listing under the California Endangered Species Act (CESA), if the Commission lists the western Joshua tree as endangered or threatened pursuant to the CESA, and upon the approval of a natural community conservation plan in which the western Joshua tree is a covered species;
   3. Authorizes CDFW to issue a permit for the taking of a western Joshua tree if specified conditions are met, including, that the permittee mitigates all impacts to, and taking of, the western Joshua tree;
   4. Authorizes a permittee, in lieu of completing the mitigation measures on its own, to elect to satisfy the mitigation obligation by paying a fee pursuant to a specified fee schedule;
   5. Requires CDFW to annually adjust the fees for inflation, and to review the fees by December 31, 2026, and every four years thereafter, to ensure the conservation of western Joshua tree;
   6. Requires all fees remitted to CDFW to be deposited into the Western Joshua Tree Conservation Fund (Conservation Fund), as provided, and requires the moneys in the Conservation Fund, upon appropriation by the Legislature, to be used solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree.
   7. Exempts CDFW from the State Contract Act; requirements related to state acquisition of goods and services; requirements related to contracts with private architects, engineering, land surveying, and construction project management firms; and the California Environmental Quality Act (CEQA) for the expenditure of moneys in the Conservation Fund;
   8. Authorizes CDFW to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, accessory structures, and public works projects, as defined, concurrent with the city’s or county’s approval of the project;
   9. Authorizes CDFW or its designee to issue a permit to authorize the removal or trimming of a dead western Joshua tree or the trimming of a live western Joshua tree, as provided;
   10. Requires CDFW to develop and implement a western Joshua tree conservation plan in collaboration with governmental agencies, California Native American tribes, and the public. Specifies that CDFW shall present the final conservation plan at a public meeting of the Commission, for its review and approval, by December 31, 2024, and requires the Commission to take final action on the plan by June 30, 2025;
   11. Requires CDFW to submit an annual report to the Commission and the Legislature addressing the conservation status of the western Joshua tree, as provided; and
   12. Requires the Commission, beginning in 2026, and at least every four years thereafter, to, at a public meeting, review the status of the western Joshua tree and the effectiveness of the conservation plan, as specified.

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

1. Purpose of this bill. This bill authorizes CDFW enter into an agreement with any county or city to delegate to the county or city the taking of a western Joshua tree associated with commercial and industrial projects. According to the author, “The Western Joshua Tree is an iconic symbol of the High Desert region and I support the preservation of this species. Although the state has been moving in the right direction to protect this iconic species while meeting our state’s goals, we still need to address the need to streamline permitting for projects that are vital economic developments for local governments in the growing Antelope Valley and throughout the high desert. With the increased cost of living and lack of space in the metropolitan areas of Los Angeles, more people are continuing to move into the High Desert region. We must strike a balance between conservation and the urgently needed housing and economic development that is needed to address the increases in population.”
2. Background. The western Joshua tree, Yucca brevifolia, is a member of the Agave family. The Joshua tree is a monocot in the subgroup of flowering plants that also includes grasses and orchids. Many birds, mammals, reptiles, and insects depend on the Joshua tree for food and shelter.

The tree’s life cycle begins with the rare germination of a seed—its survival dependent upon well-timed rains. Young sprouts may grow quickly in the first five years, then slow down considerably thereafter. The tallest Joshua trees can be more than forty feet (12.2 meters) high. Determining the age of a Joshua tree is difficult, and rough estimates are often based on height—Joshua trees grow at rates of one-half inch to three inches per year. Some researchers think an average lifespan for a Joshua tree is about 150 years, but some of the largest trees may be older than that.

Western Joshua trees are widely distributed in the Mojave Desert region of California. According to CDFW’s Status Review of the species, estimates indicate that the abundance of the western Joshua tree is currently relatively high, but there is high uncertainty in estimates of population size due to both the uncertainty of density estimates, and uncertainty regarding how much area is occupied by the species. The eastern Joshua tree is also present in California, but is not considered in this bill or this analysis.

Threats to western Joshua trees. Populations of western Joshua trees within California have declined following European settlement of the Mojave Desert region, primarily due to habitat loss and degradation related to agricultural conversion and development. CDFW estimates that approximately 30% of the habitat occupied by western Joshua tree in California may have been modified between European settlement and the present. Habitat loss, wildfires, aridification, and other climate change effects are major threats to the western Joshua tree. For example, in 2020, the Dome Fire incinerated 1.3 million Joshua trees in a part of the Mojave National Preserve called the Cima Dome. While potentially less immediate than other threats, climate change could represent an existential threat to the western Joshua tree. CDFW expects that some of the effects of climate change (e.g., increased temperatures and decreased total water availability locally) will likely contribute to a decline in populations of western Joshua trees within California through the end of the 21st century. CDFW estimated that 7.2% of the western Joshua tree ranges has been converted (Table 4-3 in the draft conservation plan).^[1]

Proposed CESA listing. In response to this threat, the western Joshua tree was proposed for listing as threatened under CESA at the Commission in late 2019. The Commission accepted the western Joshua tree as a candidate species in 2020 and has not made a final decision on the listing yet. While a candidate for listing, the western Joshua tree has similar protections to those of a listed species. This includes take prohibitions and take authorization through permits obtained from CDFW. Since becoming a candidate, take permits were issued under FGC § 2081 and § 2084.

The Western Joshua Tree Conservation Act. To provide protections to western Joshua trees and hopefully prevent an official listing while enabling development, WJTCA was enacted in 2023 (see Related Legislation and Existing Law). The WJTCA prohibits the importation, export, take, possession, purchase, or sale of any western Joshua tree in California unless authorized by CDFW. WJTCA authorizes CDFW to issue permits for the incidental take of one or more western Joshua trees if the permittee meets certain conditions. Permittees may pay specified fees in lieu of conducting mitigation activities. WJTCA also authorizes CDFW to issue permits for the removal of dead western Joshua trees and the trimming of live western Joshua trees under certain circumstances.

Pursuant to the WJTCA, CDFW may enter into an agreement with any county or city to delegate limited authority to permit the take of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects (Delegation Agreements). Delegation Agreements for this purpose limit the number of trees that may be take depending on the type of project. CDFW may similarly enter into Delegation Agreements with any county or city to permit the removal of dead western Joshua trees and the trimming of live western Joshua trees. Delegation Agreements just became available as of February 28, 2024 and CDFW has already begun negotiating agreements with several local agencies.

Under WJTCA, all in-lieu fees collected will be deposited into the Conservation Fund for appropriation to CDFW solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree. Additionally, WJTCA requires CDFW to develop and implement a western Joshua tree conservation plan in collaboration with governmental agencies, California Native American Tribes, and the public. The complete draft conservation plan must be presented no later than December 31, 2024 at a public meeting of the Commission for its review and approval. CDFW must also develop annual reports assessing the conservation status of the western Joshua tree and submit them to the Commission and the State Legislature no later than January 1 of each year, starting in 2025. The Commission is expected to postpone final consideration of the petition to list western Joshua tree until CDFW submits an updated status review to the Commission by no later than January 1, 2033. 

WJTCA implementation. In July 2024, CDFW released the Western Joshua Tree Relocation Guides and Protocols to guide how and when to relocation western Joshua trees to minimize impacts to populations, prevent habitat fragmentation, and preserve western Joshua tree connectivity. In November 2024, CDFW released the draft conservation plan, which is expected to be finalized by the Commission by June 30, 2025. CDFW also implemented two permitting systems: to date, 25 incidental take permits and 350 hazardous management permits have been issued. The 258 projects authorized during 2023–2024 have resulted in the taking of 3,175 western Joshua trees, the development of 2,888 acres of western Joshua tree woodland and just over $3 million in in-lieu fees remitted.

To date, no delegation agreements have been approved.

1. Policy considerations. WJTCA, which this bill is amending, represents a highly negotiated balance between mitigation, in lieu fees, impacted area, allowed activities, and even the definition of an “individual tree.” Modifying WJTCA at this time will likely interrupt current implementation and unsettle the balance struck in the WJTCA. The Committee is unaware of any delegated agreements, so it is unclear what benefit may be realized.
2. Arguments in opposition. Several environmental groups write in opposition to amending WJTCA less than two years after the bill with into effect and claim the bill is “premature, undermines essential protections for the western Joshua tree, and re-opens a compromise that most environmental groups disliked.” Opposition cites concerns with other actions that they believe have weakened WJTCA standards, such as solar developers, who had secured permits to take Joshua trees under the previous CESA rules renegotiated their take permits at the much lower fee. They state that “If this bill moves forward and re-opens the WJTCA, the undersigned organizations believe that the mitigation fees in SB 122 should be revisited due to the proposed changes to the [WJTCA] and the “changed circumstances” due to the solar industries’ “bait and switch” tactics for fees.”
3. Related legislation. AB 2443 (Carillo) of 2024 was substantially similar to this bill, but was amended into a bill about transaction and use tax (Chapter 961, Statutes of 2024).

AB 1008 (Bauer-Kahan) of 2023 was the policy bill that established the WJTCA and enabled negotiation. The WJTCA was included in budget bill SB 122, Chapter 51, Statutes of 2023.

AB 1183 (Ramos), Chapter 380, Statutes of 2021, establishes the California Desert Conservation Program at the Wildlife Conservation Board to acquire, preserve, restore, and enhance desert habitat within the California deserts region.

SR 116 (Allen, Hertzberg, Hill, Leyva, and Stern) of 2018 declares the California Desert an ecological treasure, and proclaims we should secure for the American people of this and future generations an enduring heritage of biodiversity, wilderness, national parks, and public land values in the California Desert.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

Audubon California
California Native Plant Society
Center for Biological Diversity
Defenders of Wildlife
Mojave Desert Land Trust
Planning and Conservation League
Sierra Club California

Analysis Prepared by: Stephanie Mitchell / W., P., & W. / (916) 319-2096

1. California Department of Fish and Wildlife (CDFW). 2024. Western Joshua Tree Conservation Plan. Draft Presented to the California Fish and Game Commission, December 12, 2024. ↑