Section § 1927

Explanation

This section names the law as the Western Joshua Tree Conservation Act.

This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.

Section § 1927.1

Explanation

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.

For purposes of this chapter, the following definitions apply:
(a)CA Fish and Game Code § 1927.1(a) “Accessory structure” means a subordinate structure, the use of which is incidental to an existing or contemporaneously constructed single-family residence, including, an accessory dwelling unit, addition to an existing single-family residence, garage, carport, swimming pool, patio, greenhouse, storage shed, gazebo, septic tank, sewer connection, solar panels, fence, or gravel or paved driveway.
(b)CA Fish and Game Code § 1927.1(b) “California Endangered Species Act” means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.
(c)CA Fish and Game Code § 1927.1(c) “Conserve” or “conservation” means to use, and the use of, methods and procedures that are necessary to bring species listed pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 to the point at which the measures provided pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 are no longer necessary, and for species that are not listed to maintain or enhance the condition of the species so that listing will not become necessary.
(d)CA Fish and Game Code § 1927.1(d) “Dead western Joshua tree” means a western Joshua tree that meets at least one of the following criteria:
(1)CA Fish and Game Code § 1927.1(d)(1) Has not burned and has no green leaves, no new growth on the main stem, and no basal sprouts.
(2)CA Fish and Game Code § 1927.1(d)(2) Has partially or fully burned at least 18 months prior and otherwise satisfies paragraph (1).
(3)CA Fish and Game Code § 1927.1(d)(3) Has fallen and is completely detached from its roots or has fallen and its roots are no longer in contact with the soil.
(e)CA Fish and Game Code § 1927.1(e) “Desert native plant specialist” means an arborist certified by the International Society of Arborists, or an individual with at least five years of professional experience with relocation or restoration of native California desert vegetation.
(f)CA Fish and Game Code § 1927.1(f) “Fee” means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.
(g)CA Fish and Game Code § 1927.1(g) “Fund” means the Western Joshua Tree Conservation Fund as described in Section 1927.5.
(h)CA Fish and Game Code § 1927.1(h) “Multifamily residence” means an apartment building, rowhouse, town house, condominium, or manufactured building that consists of two or more attached dwelling units designed for occupancy by two or more families living independently of one another.
(i)CA Fish and Game Code § 1927.1(i) “Public works project” means a project involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(j)CA Fish and Game Code § 1927.1(j) “Relocated” or “relocation” means the removal of a living western Joshua tree and a sufficient portion of its root mass from the ground and transplanting it.
(k)CA Fish and Game Code § 1927.1(k) “Single-family residence” means a single detached building that has been, or will be, constructed and used as living facilities, including provisions for sleeping, eating, cooking, and sanitation, as required by the California Building Standards Code, for not more than one household.
(l)CA Fish and Game Code § 1927.1(l) “Western Joshua tree” means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).

Section § 1927.10

Explanation

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.

This chapter is not intended to be construed as, or to be, a general project approval. It shall be the responsibility of each project proponent receiving approval from the department under this chapter to obtain all necessary permits and approvals and to comply with all applicable federal, state, and local laws.

Section § 1927.11

Explanation

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.

This chapter does not preclude a county or city from adopting and enforcing ordinances that require as a condition of approving a project more protective measures designed to conserve the western Joshua tree.

Section § 1927.12

Explanation

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.

The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Section § 1927.2

Explanation

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.

(a)CA Fish and Game Code § 1927.2(a) No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, a western Joshua tree or any part or product of the tree, except as authorized pursuant to any of the following, as applicable:
(1)CA Fish and Game Code § 1927.2(a)(1) This chapter.
(2)CA Fish and Game Code § 1927.2(a)(2) The California Endangered Species Act.
(3)CA Fish and Game Code § 1927.2(a)(3) The Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3).
(b)CA Fish and Game Code § 1927.2(b) During any period in which the western Joshua tree has been designated by the commission as a candidate for listing under the California Endangered Species Act, any person or public agency seeking a take authorization for the western Joshua tree may obtain a take authorization as provided by the California Endangered Species Act or by electing to pay the fees set forth in Section 1927.3.
(c)Copy CA Fish and Game Code § 1927.2(c)
(1)Copy CA Fish and Game Code § 1927.2(c)(1) This chapter is a change in state law, within the meaning of paragraph (1) of subdivision (c) of Section 2075.5, that has a direct and significant impact on the commission’s determination as to whether the petitioned action is warranted. Pursuant to subdivision (c) of Section 2075.5, the commission shall reopen the administrative record for the commission’s determination for the purpose of assessing the impact of the conservation program established by this chapter.
(2)CA Fish and Game Code § 1927.2(c)(2) In making the assessment described in paragraph (1), the commission shall consider all of the following:
(A)CA Fish and Game Code § 1927.2(c)(2)(A) The effectiveness of any conservation measures funded through expenditures of fees by the department pursuant to Section 1927.5.
(B)CA Fish and Game Code § 1927.2(c)(2)(B) The conservation plan developed by the department and approved by the commission pursuant to Section 1927.6.
(C)CA Fish and Game Code § 1927.2(c)(2)(C) Any annual reports submitted to the commission by the department pursuant to Section 1927.7.
(D)CA Fish and Game Code § 1927.2(c)(2)(D) Any recommendations submitted to the commission by the department pursuant to subdivision (a) of Section 1927.8.
(E)CA Fish and Game Code § 1927.2(c)(2)(E) The fee adjustments, if any, adopted by the department pursuant to subdivision (b) of Section 1927.8.
(F)CA Fish and Game Code § 1927.2(c)(2)(F) An updated status review to be submitted to the commission by the department no later than January 1, 2033, unless the commission directs the department to submit the updated status review sooner.
(d)CA Fish and Game Code § 1927.2(d) If the commission determines that listing the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act is not warranted, this chapter shall remain operative and the authorization of take of a western Joshua tree shall be pursuant to this chapter.
(e)CA Fish and Game Code § 1927.2(e) If the commission determines that listing the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act is warranted, this chapter shall become inoperative and the authorization of take of a western Joshua tree shall only be pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3).
(f)CA Fish and Game Code § 1927.2(f) Upon the approval of a natural community conservation plan that provides for the conservation of the western Joshua tree as a covered species, the authorization of take of a western Joshua tree for any project or activity covered by the plan shall only be pursuant to Chapter 10 (commencing with Section 2800) of Division 3.
(g)CA Fish and Game Code § 1927.2(g) The provisions of the Native Plant Protection Act (Chapter 10 (commencing with Section 1900)), and the California Desert Native Plants Act (Division 23 (commencing with Section 80001) of the Food and Agricultural Code), shall not apply to the western Joshua tree.
(h)CA Fish and Game Code § 1927.2(h) This section shall not preclude the department from authorizing, by permit or memorandum of understanding, the taking, possession, purchase, or sale within the state of a western Joshua tree to aid the conservation and recovery of the western Joshua tree, or entering into memoranda of understanding with California Native American tribes to provide for the taking and possession of western Joshua trees for tribal cultural purposes, or as otherwise required by applicable law.
(i)CA Fish and Game Code § 1927.2(i) Any authorization issued by the department pursuant to Section 2081 or 2084, before the enactment of this chapter, to import, export, take, possess, purchase, or sell a western Joshua tree shall be valid and remain in effect after the enactment of this chapter pursuant to the terms of the authorization.

Section § 1927.3

Explanation

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.

(a)CA Fish and Game Code § 1927.3(a) The department may authorize, by permit, the taking of a western Joshua tree if all of the following conditions are met:
(1)CA Fish and Game Code § 1927.3(a)(1) The permittee submits to the department for its approval a census of all western Joshua trees on the project site, including size information and photographs, that categorize the western Joshua trees according to the following size classes:
(A)CA Fish and Game Code § 1927.3(a)(1)(A) Less than one meter in height.
(B)CA Fish and Game Code § 1927.3(a)(1)(B) One meter or greater but less than five meters in height.
(C)CA Fish and Game Code § 1927.3(a)(1)(C) Five meters or greater in height.
(2)CA Fish and Game Code § 1927.3(a)(2) The permittee avoids and minimizes impacts to, and the taking of, the western Joshua tree to the maximum extent practicable. Minimization may include trimming, encroachment on root systems, relocation, or other actions that result in detrimental but nonlethal impacts to a western Joshua tree.
(3)CA Fish and Game Code § 1927.3(a)(3) The permittee mitigates all impacts to, and taking of, the western Joshua tree. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking of the species. When various measures are available to meet this obligation, the measures required shall maintain the permittee’s objectives to the greatest extent possible. All required measures shall be capable of successful implementation. The permittee shall ensure adequate funding to implement the mitigation measures. In lieu of completing the mitigation obligation on its own, the permittee may elect to satisfy this mitigation obligation by paying fees, pursuant to the fee schedule in subdivision (d) or (e), for deposit into the fund.
(4)Copy CA Fish and Game Code § 1927.3(a)(4)
(A)Copy CA Fish and Game Code § 1927.3(a)(4)(A) The department may include permit conditions that require the permittee to relocate one or more of the western Joshua trees. If relocation is required, the permittee shall implement measures to assist the survival of relocated trees, and to comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees. These relocation measures shall include, but are not limited to, all of the following:
(i)CA Fish and Game Code § 1927.3(a)(4)(A)(i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival.
(ii)CA Fish and Game Code § 1927.3(a)(4)(A)(ii) A requirement that western Joshua trees are relocated at a time that maximizes their survival when feasible.
(iii)CA Fish and Game Code § 1927.3(a)(4)(A)(iii) A requirement that a desert native plant specialist be onsite to oversee relocation.
(B)CA Fish and Game Code § 1927.3(a)(4)(A)(B) The department may limit relocation to certain size classes of trees.
(C)CA Fish and Game Code § 1927.3(a)(4)(A)(C) By July 1, 2024, the department shall adopt guidelines and relocation protocols, based on the best available science, to relocate western Joshua trees successfully. The department shall consult with desert native plant specialists as part of the development of these guidelines and relocation protocols. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of guidelines and relocation protocols pursuant to this subparagraph.
(b)CA Fish and Game Code § 1927.3(b) For purposes of this section, each western Joshua tree stem or trunk arising from the ground shall be considered an individual tree requiring mitigation, regardless of its proximity to any other western Joshua tree stem or trunk.
(c)CA Fish and Game Code § 1927.3(c) The department may 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 all of the following conditions are met:
(1)CA Fish and Game Code § 1927.3(c)(1) The county or city adopts an ordinance that requires as a condition of any approval or permit issued under the authority of an agreement entered into pursuant to this subdivision satisfaction of the requirements of this chapter.
(2)CA Fish and Game Code § 1927.3(c)(2) Except as provided otherwise in this subdivision, the county or city ensures that the permittee satisfies all of the requirements of subdivision (a) of this section.
(3)CA Fish and Game Code § 1927.3(c)(3) The project will take no more than 10 individual western Joshua trees on the project site where the project proponent proposes to construct a single-family residence, multifamily residence, or accessory structure, or no more than 40 individual western Joshua trees on the project site on which a public agency proposes to undertake a public works project. Before authorizing the take of more than 20, but no more than 40, individual western Joshua trees for a public works project, the county or city shall obtain the department’s written concurrence that the project has avoided and minimized the take of western Joshua trees to the maximum extent practicable.
(4)CA Fish and Game Code § 1927.3(c)(4) The county or city shall collect any fees for permits issued and remit them quarterly to the fund as directed by the department.
(5)CA Fish and Game Code § 1927.3(c)(5) The county or city entering into an agreement pursuant to this subdivision may impose a reasonable fee to cover the administrative costs of issuing the permit.
(6)Copy CA Fish and Game Code § 1927.3(c)(6)
(A)Copy CA Fish and Game Code § 1927.3(c)(6)(A) The department retains express authority to suspend or revoke the county or city’s take authorization in the event the department determines the county or city has violated the terms of the agreement, or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. The county or city shall conduct an annual assessment of the status of the local population within the county or city and submit the assessment to the department. The department shall determine if the population needs further protection to provide for the conservation of the species.
(B)CA Fish and Game Code § 1927.3(c)(6)(A)(B) The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to subparagraph (A), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this subparagraph.
(7)CA Fish and Game Code § 1927.3(c)(7) The county or city shall be required to submit to the department quarterly reports documenting the number of permits issued, photographs and other evidence demonstrating that take and other impacts were avoided and minimized to the maximum extent practicable, the number and size class of western Joshua trees authorized to be taken, the number of western Joshua trees encroached upon, the number of western Joshua trees lethally removed, the number and location of western Joshua trees relocated, the amount of fees collected, and other information required by the department in the agreement.
(d)CA Fish and Game Code § 1927.3(d) Any person or public agency receiving a take authorization pursuant to this chapter for a project that meets the criteria set forth in paragraph (1) may elect, in lieu of satisfying the mitigation obligation provided for in paragraph (3) of subdivision (a), to pay fees in the amounts provided in paragraph (2) for deposit into the fund.
(1)Copy CA Fish and Game Code § 1927.3(d)(1)
(A)Copy CA Fish and Game Code § 1927.3(d)(1)(A) Any project in the area bounded by the intersection of Highway 99 and Highway 58, then east along Highway 58 to the intersection of Interstate 15, then north along Interstate 15 to the intersection of Highway 247, then south along Highway 247 to the intersection of Highway 18, then west along Highway 18 to the intersection of Highway 138, then west and north along Highway 138 to the intersection of Interstate 5, then north along Interstate 5 to the intersection of Highway 99, then north along Highway 99 to Highway 58.
(B)CA Fish and Game Code § 1927.3(d)(1)(A)(B) Any project receiving a permit issued by a county or city pursuant to an agreement with the department pursuant to subdivision (c), regardless of location.
(2)Copy CA Fish and Game Code § 1927.3(d)(2)
(A)Copy CA Fish and Game Code § 1927.3(d)(2)(A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height.
(B)CA Fish and Game Code § 1927.3(d)(2)(A)(B) Two hundred dollars ($200) for each western Joshua tree one meter or greater but less than five meters in height.
(C)CA Fish and Game Code § 1927.3(d)(2)(A)(C) One hundred fifty dollars ($150) for each western Joshua tree less than one meter in height.
(e)CA Fish and Game Code § 1927.3(e) Any person or public agency receiving a take authorization pursuant to this chapter for a project that meets the criteria set forth in paragraph (1) may elect, in lieu of satisfying the mitigation obligation provided for in paragraph (3) of subdivision (a), to pay fees in the amounts provided in paragraph (2) for deposit into the fund.
(1)Copy CA Fish and Game Code § 1927.3(e)(1)
(A)Copy CA Fish and Game Code § 1927.3(e)(1)(A) Notwithstanding paragraph (1) of subdivision (d), any project within two miles of Joshua Tree National Park, or any unit of the state park system.
(B)CA Fish and Game Code § 1927.3(e)(1)(A)(B) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d).
(2)Copy CA Fish and Game Code § 1927.3(e)(2)
(A)Copy CA Fish and Game Code § 1927.3(e)(2)(A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height.
(B)CA Fish and Game Code § 1927.3(e)(2)(A)(B) Five hundred dollars ($500) for each western Joshua tree one meter or greater but less than five meters in height.
(C)CA Fish and Game Code § 1927.3(e)(2)(A)(C) Three hundred forty dollars ($340) for each western Joshua tree less than one meter in height.
(f)CA Fish and Game Code § 1927.3(f) Upon request, the department may authorize a reduction in the amount of the fees prescribed by subdivisions (d) and (e) for any western Joshua tree conserved by a project proponent through the acquisition of compensatory habitat mitigation land otherwise required by law for the project.
(g)Copy CA Fish and Game Code § 1927.3(g)
(1)Copy CA Fish and Game Code § 1927.3(g)(1) The permittee shall bear responsibility for implementing measures to assist the survival of western Joshua trees relocated pursuant to paragraph (4) of subdivision (a).
(2)CA Fish and Game Code § 1927.3(g)(2) Unless specifically required by written agreement, a landowner that agrees in writing to allow western Joshua trees to be relocated onto land it owns shall not be liable for the continued survival of the western Joshua trees, shall not be required to manage or maintain the translocated western Joshua trees, and shall not be required to change existing land use practices, provided that the land use practices do not result in the taking, possession, sale, or further translocation of the western Joshua trees.

Section § 1927.4

Explanation

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.

(a)CA Fish and Game Code § 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)CA Fish and Game Code § 1927.4(a)(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)CA Fish and Game Code § 1927.4(a)(2) The department may issue permits pursuant to this section, without payment of fees or other mitigation, provided that the dead western Joshua trees or any limbs to be removed meet one of the following:
(A)CA Fish and Game Code § 1927.4(a)(2)(A) Have fallen over and are within 30 feet of a structure.
(B)CA Fish and Game Code § 1927.4(a)(2)(B) Are leaning against an existing structure.
(C)CA Fish and Game Code § 1927.4(a)(2)(C) Create an imminent threat to public health or safety.
(3)CA Fish and Game Code § 1927.4(a)(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:
(A)CA Fish and Game Code § 1927.4(a)(3)(A) The name, telephone number, mailing address, and email address of the property owner seeking the permit.
(B)CA Fish and Game Code § 1927.4(a)(3)(B) The street address of the property on which the western Joshua trees to be removed or trimmed are located. If no street address is available, the property owner shall include the assessor’s parcel number.
(C)CA Fish and Game Code § 1927.4(a)(3)(C) Photographs of the western Joshua trees that visually depict the dead trees or the trees to be trimmed and that demonstrate that the western Joshua tree meets one or more of the requirements of paragraph (2).
(D)CA Fish and Game Code § 1927.4(a)(3)(D) A signed attestation from the property owner or signed certification by a desert native plant specialist that the tree meets the definition of a dead western Joshua tree.
(4)Copy CA Fish and Game Code § 1927.4(a)(4)
(A)Copy CA Fish and Game Code § 1927.4(a)(4)(A) Within 30 days of receipt of a request for a permit pursuant to subparagraph (A) or (B) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section.
(B)CA Fish and Game Code § 1927.4(a)(4)(A)(B) Within 10 days of receipt of a request for a permit pursuant to subparagraph (C) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section.
(C)CA Fish and Game Code § 1927.4(a)(4)(A)(C) If the department issues a permit, it shall provide the property owner 60 days in which to complete the removal or trimming. The department may extend this 60-day period in writing at its discretion.
(D)CA Fish and Game Code § 1927.4(a)(4)(A)(D) If the department denies the permit request, the property owner may resubmit the request with additional information and photographs. Resubmissions pursuant to this subdivision shall be processed as new permit requests.
(5)CA Fish and Game Code § 1927.4(a)(5) Within 30 days of completing the removal or trimming of one or more western Joshua trees in accordance with a permit issued pursuant to this section, the property owner shall submit, by mail or email, photographs of the site at which the western Joshua trees were removed or trimmed pursuant to the permit.
(b)CA Fish and Game Code § 1927.4(b) The department may enter into an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees, provided that the county or city ensures that all permits issued satisfy the requirements of subdivision (a). The county or city shall be required to submit to the department quarterly reports documenting the number of permits issued, the number and size class of western Joshua trees authorized to be removed or trimmed, and any other information specified in the agreement with the department. A county or city entering into an agreement pursuant to this subdivision may impose a reasonable fee to cover the administrative costs of issuing the permit.
(c)Copy CA Fish and Game Code § 1927.4(c)
(1)Copy CA Fish and Game Code § 1927.4(c)(1) The department retains express authority to suspend or revoke an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees in the event the department determines the county or city has violated the terms of the agreement or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A county or city that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population of western Joshua trees within the county or city and submit the assessment to the department. The department shall determine if the population needs further protection to provide for the conservation of the species.
(2)CA Fish and Game Code § 1927.4(c)(2) The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to paragraph (1), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this paragraph.

Section § 1927.5

Explanation

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.

(a)CA Fish and Game Code § 1927.5(a) The Western Joshua Tree Mitigation Fund, created by the commission pursuant to Section 749.10 of Title 14 of the California Code of Regulations, is hereby continued in existence by this chapter, and is renamed the Western Joshua Tree Conservation Fund. Notwithstanding Section 13340 of the Government Code, any moneys in the fund are continuously appropriated to the department solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree.
(b)CA Fish and Game Code § 1927.5(b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund.
(c)CA Fish and Game Code § 1927.5(c) The fund may also receive other funding to support the conservation of the western Joshua tree.

Section § 1927.6

Explanation

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.

(a)CA Fish and Game Code § 1927.6(a) The department shall develop and implement a western Joshua tree conservation plan in collaboration with the commission, governmental agencies, California Native American tribes, and the public. The conservation plan shall incorporate a description of management actions necessary to conserve the western Joshua tree and objective, measurable criteria to assess the effectiveness of such actions. The conservation plan shall also include guidance for the avoidance and minimization of impacts to western Joshua trees and protocols for the successful relocation of western Joshua trees. The department shall present a complete draft conservation plan at a public meeting of the commission, for its review and approval, by December 31, 2024. The commission shall take final action on the conservation plan by June 30, 2025. The department and commission shall, if necessary, periodically update the conservation plan to ensure the conservation of the species.
(b)CA Fish and Game Code § 1927.6(b) When developing the conservation plan, the department shall consult with California Native American tribes, include co-management principles in the plan, provide for the relocation of western Joshua trees to tribal lands upon a request from a tribe, and ensure traditional ecological knowledge is incorporated into the plan.
(c)CA Fish and Game Code § 1927.6(c) The department, pursuant to Section 1927.5, shall use any fees deposited into the fund for the purpose of addressing threats to the western Joshua tree, including, but not limited to, acquiring, conserving, and managing western Joshua tree conservation lands. Acceptable expenditures from the fund may include, but are not limited to, land acquisition or conservation easement costs, monitoring costs, restoration costs, transaction costs, costs of endowments for land management or easement stewardship consistent with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code and Part 7 (commencing with Section 18501) of Division 9 of the Probate Code, and other reasonable expenditures to implement the conservation plan. The department shall prioritize actions and acquiring and managing lands that are identified as appropriate for western Joshua tree conservation in any department-approved conservation plan, including, but not limited to, the conservation plan required by subdivision (a), a regional conservation assessment, a regional conservation investment strategy, or a conceptual area protection plan.
(d)Copy CA Fish and Game Code § 1927.6(d)
(1)Copy CA Fish and Game Code § 1927.6(d)(1) The department may retain one or more consultants to assist in locating, acquiring, conserving, and managing conservation lands and completing other mitigation actions to implement subdivision (c).
(2)CA Fish and Game Code § 1927.6(d)(2) Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code, Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, and Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c).

Section § 1927.7

Explanation

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.

(a)CA Fish and Game Code § 1927.7(a) Beginning in 2025, by January 31 of each calendar year, the department shall submit an annual report to the commission and the Legislature assessing the conservation status of the western Joshua tree, including, but not limited to, by detailing the number of permits issued, the number and size class of western Joshua trees authorized to be taken, the number of western Joshua trees lethally removed, the number and location of western Joshua trees relocated, the number and location of acres of western Joshua tree woodlands developed, the type, scope, and scale of mitigation measures undertaken by permittees, the number and location of acres of western Joshua tree woodlands conserved, the quality of the acres conserved, the amount of fees paid, the amount of all expenditures from the fund, the projects and actions funded by expenditures from the fund, the adequacy of the fees to conserve the western Joshua tree, actions taken pursuant to the conservation plan, and other relevant information. The department’s annual report shall summarize the information provided by counties and cities pursuant to agreements entered into pursuant to subdivision (c) of Section 1927.3 and subdivision (b) of Section 1927.4.
(b)CA Fish and Game Code § 1927.7(b) The report to the Legislature pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.

Section § 1927.8

Explanation

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.

(a)CA Fish and Game Code § 1927.8(a) Beginning in 2026, and at least every two years thereafter, the commission shall review the status of the western Joshua tree and the effectiveness of the conservation plan in conserving the species at a public meeting to be held prior to August 31. Concurrent with each review conducted pursuant to this section, the department shall make recommendations to the commission, as necessary, for amendments to the conservation plan to ensure the conservation of the western Joshua tree.
(b)CA Fish and Game Code § 1927.8(b) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every three years thereafter, the department shall adopt and subsequently amend regulations pursuant to Section 702 adjusting the fees as necessary to ensure the conservation of the species. The department shall utilize total cost accounting when determining the adequacy of the fees for ensuring conservation of the species, including ensuring sufficient funds for land acquisition or conservation easement costs, monitoring costs, restoration costs, transaction costs, and the amount of endowments for land management or easement stewardship costs consistent with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code and Part 7 (commencing with Section 18501) of Division 9 of the Probate Code.

Section § 1927.9

Explanation

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.

No later than January 1, 2033, the department shall submit to the commission an update to the status review previously submitted pursuant to Section 2074.6 for the western Joshua tree that incorporates any new scientific information relevant to the status of the species and includes an evaluation of the impact of the conservation and management efforts pursuant to this chapter. The commission shall consider the updated status review in making its findings pursuant to subdivision (e) of Section 2075.5.