Chapter 11.5Western Joshua Tree Conservation Act
Section § 1927
This section names the law as the Western Joshua Tree Conservation Act.
Section § 1927.1
This section provides definitions for key terms used in the chapter, focusing primarily on residential structures, conservation, and the Western Joshua Tree.
An 'accessory structure' refers to things like garages or swimming pools attached to a home. The 'California Endangered Species Act' is aimed at conserving species until they no longer need special measures. 'Dead western Joshua tree' has criteria like lack of green leaves, or complete detachment from roots. A 'desert native plant specialist' is an experienced arborist focusing on desert vegetation. The 'Western Joshua Tree Conservation Fund' is where specific fees are deposited. Definitions also cover types of residences, public works projects, and the concept of relocating Joshua trees.
Section § 1927.10
This section clarifies that getting approval from the department under this chapter does not mean the project has been approved overall. It's up to the project organizer to secure all other necessary permits and approvals and to follow all relevant laws at the federal, state, and local levels.
Section § 1927.11
This law section allows counties and cities to create and enforce their own rules that are stricter than state regulations to protect the western Joshua tree when approving a project.
Section § 1927.12
This law says that if any part of the chapter is found to be invalid or unenforceable, other parts of the chapter will still remain valid and enforceable.
Section § 1927.2
This law primarily makes it illegal to import, export, take, possess, purchase, or sell western Joshua trees or any part of them in California, unless allowed by certain laws or permissions. If the tree is considered a candidate for protection under the California Endangered Species Act, agencies or individuals can seek permission by either following the Act's procedures or paying certain fees.
If the western Joshua tree isn't listed as endangered, this chapter continues to regulate them. If it's listed, other conservation acts take over. Conservation plans and various reports will influence these decisions. Already existing permissions for activities involving the tree remain valid, and specific allowances for tribal cultural purposes exist too.
Section § 1927.3
This law allows the California Department of Fish and Wildlife to issue permits for removing or affecting western Joshua trees if certain conditions are met. These conditions include conducting a census of the trees, minimizing damage, and mitigating negative impacts, which can be done through fees or actions like relocating trees.
Relocation efforts must follow scientific guidelines and involve experts to ensure the trees survive. Local governments can be authorized to permit tree removal for specific development projects under strict conditions, including keeping removal numbers low and reporting back.
Fees for tree removal vary based on tree size and project location, with options to reduce fees by conserving habitat. Ultimately, responsibility for the continued success of relocated trees falls on those receiving the permits, unless landowners who permit such relocations make no further actions that negatively affect them.
Section § 1927.4
This law allows the removal or trimming of dead or live western Joshua trees through permits issued by the department. Property owners can remove detached dead trees or limbs after getting a permit and paying fees. However, any other removal or trimming must be done by a desert native plant specialist. Permits may be issued without fees if trees are a hazard, for example, if they've fallen near a structure or pose a threat to safety.
Property owners must provide specific information and evidence when requesting a permit, such as photographs and contact details. The department has 30 days to respond to permit requests, 10 days for emergencies, and provides 60 days for the work, which can be extended if needed. After removal or trimming, owners must submit photos of the completed work.
The department can also work with counties or cities to handle permit authorization, requiring them to report quarterly on permit activities and assessments. The department reserves the right to revoke agreements if terms aren't followed or if more protection for the trees is needed. Counties or cities must conduct yearly population status assessments using specialists.
Section § 1927.5
This law establishes the Western Joshua Tree Conservation Fund, which will be used to protect and manage lands for the conservation of the western Joshua tree. The fund was previously called the Western Joshua Tree Mitigation Fund. It can receive money from fees and other sources, and the funds are automatically used by the department for conservation activities without needing further approval.
Section § 1927.6
This law requires the creation of a conservation plan for the western Joshua tree, developed by the department in collaboration with various stakeholders, including California Native American tribes. The plan must include strategies to protect the trees, criteria to measure success, and methods for relocating trees when needed. A draft plan must be presented by the end of 2024, with final approval by mid-2025. The department should update the plan as necessary.
The plan should integrate tribal knowledge and allow for tree relocation to tribal lands. Funds collected under a related section will be used to address threats to the trees, including buying and managing land. The department can hire consultants to help with these efforts, and some usual regulatory requirements do not apply to these actions.
Section § 1927.7
Starting in 2025, the department must submit an annual report by January 31 each year about the conservation status of the western Joshua tree. This report will be sent to the commission and the Legislature and will include details like permits issued, number and size of trees affected, trees removed or relocated, development of woodland areas, and both fees collected and spent. The report will also cover conservation efforts and quality of conserved areas as well as actions taken as per the conservation plan. It will include a summary of information from counties and cities involved in related agreements.
The report must be submitted to the Legislature in line with existing government reporting requirements.
Section § 1927.8
Starting in 2026, every two years the commission will publicly review how well the conservation plan for the western Joshua tree is working. At the same time, the department will suggest changes to the plan if needed. Additionally, the department will adjust conservation-related fees annually to keep up with costs like land acquisition and monitoring, using a method called 'total cost accounting.' By the end of 2026 and every three years after, the department will ensure these fees are adequate to protect the Joshua tree.
Section § 1927.9
By January 1, 2033, the department must update the status review of the western Joshua tree with new scientific data and the effects of conservation efforts. This update is sent to the commission, which will use it to make important decisions about the species' protection.