Amended IN Assembly April 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1008Introduced by Assembly Member Bauer-KahanFebruary 15, 2023An act to amend Section 2120 of the Fish and Game Code, relating to wildlife. An act to add Chapter 11.5 (commencing with Section 1927) to Division 2 of the Fish and Game Code, relating to conservation.LEGISLATIVE COUNSEL'S DIGESTAB 1008, as amended, Bauer-Kahan. Wildlife: Fish and Game Commission: wild animals. The Western Joshua Tree Conservation Act.Under existing law, the Department of Fish and Wildlife (department) has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law, the California Endangered Species Act, requires the Fish and Game Commission (commission) to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, that the action is warranted. The act prohibits the taking of an endangered or threatened species, except in certain situations. Under the act, the department may 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. A violation of the provisions of the Fish and Game Code is a crime.This bill, the Western Joshua Tree Conservation Act, would prohibit 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. The bill would also specify certain take authorizations 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 (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, as provided. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.This bill, among other things, would authorize the department to authorize, by permit, the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree. The bill would authorize, in lieu of completing the mitigation measures on its own, a permittee to elect to satisfy the mitigation obligation by paying a fee pursuant to a specified fee schedule. The bill would require all fees remitted to the department pursuant to these provisions to be deposited into the Western Joshua Tree Conservation Fund, as provided. The bill would require the moneys in the 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. The bill would authorize 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, accessory structures, and public works projects, as defined, concurrent with its approval of the project. The bill would authorize the department 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.This bill would require the department to develop and implement a western Joshua tree conservation plan in collaboration with governmental agencies, California Native American tribes, and the public. The bill would require the department to present the final conservation plan at a public meeting of the commission, for its review and approval, by December 31, 2024, and would require the commission to take final action on the plan by June 30, 2025. The bill would require the department to submit an annual report to the commission and the Legislature addressing the conservation status of the western Joshua tree, as provided.This bill would require the commission, beginning in 2026, and at least every 4 years thereafter, to, at a public meeting, review the status of the western Joshua tree and the effectiveness of the conservation plan, as specified. The bill would also make its provisions severable.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Fish and Game Commission, in cooperation with the Department of Food and Agriculture, to adopt regulations governing both the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state, and the possession of all other wild animals, and requires that those regulations be designed, among other things, to provide for the welfare of wild animals. Existing law requires that the regulations also include criteria for specified administrative acts, including the receiving, processing, and issuing of permits. Under existing regulations, these permits are issued by the Department of Fish and Wildlife.This bill would require the commission to include in these regulations provisions requiring that the permits be renewed at least every 5 years and that permit applicants show proof of current liability insurance and a surety bond, as specified.Existing law makes it unlawful to submit, or to conspire to submit, any false, inaccurate, or otherwise misleading information on any application offered or otherwise presented to the Department of Fish and Wildlife. Under existing law, a violation of any regulation made or adopted under the Fish and Game Code is a misdemeanor, except as specified. Because submitting, or conspiring to submit, false, inaccurate, or otherwise misleading information to the department in these permit applications would be a crime, and because failing to renew these permits every 5 years would be a crime, as provided, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 11.5 (commencing with Section 1927) is added to Division 2 of the Fish and Game Code, to read: CHAPTER 11.5. Western Joshua Tree Conservation Act1927. This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.1927.1. For purposes of this chapter, the following definitions apply:(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) California Endangered Species Act means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.(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) Dead western Joshua tree means a western Joshua tree that is dead or has been damaged beyond repair or where not enough live tissue, green leaves, limbs, or branches exist to sustain the trees life.(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) Fund means the Western Joshua Tree Conservation Fund as described in Section 1927.5.(g) Fee means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.(h) 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.(i) 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.(j) 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.(k) Western Joshua tree means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).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 this chapter, Chapter 1.5 (commencing with Section 2050) of Division 3, or Chapter 10 (commencing with Section 2800) of Division 3.(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 Sections 2081 and 2084, or by electing to pay the fees set forth in Section 1927.3.(c) If the commission lists the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act, the authorization of take of a western Joshua tree shall only be under Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to subdivision (d).(d) Upon the approval of a natural community conservation plan in which the western Joshua tree is a covered species, the authorization of take of a western Joshua tree shall only be under Chapter 10 (commencing with Section 2800) of Division 3.(e) 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.(f) 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.(g) 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 for not more than five years after the enactment of this chapter.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) 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) Less than one meter in height.(B) One meter or greater but less than five meters in height.(C) Five meters or greater in height.(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) The permittee mitigates all impacts to, and taking of, the western Joshua tree. When various measures are available to meet this obligation, the measures required shall maintain the permittees 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) (A) The department may require the permittee to relocate one or more of the western Joshua trees. The permittee shall implement measures to assist the survival of relocated trees and shall comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees, including, but not limited to:(i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival.(ii) A requirement that western Joshua trees are relocated between October and March.(iii) Adherence to performance criteria to ensure that relocated trees have at least an 80-percent survivability rate.(iv) A requirement that a desert native plant specialist be on site to oversee relocation.(B) The department may limit relocation to certain size classes of trees.(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) 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, accessory structures, and public works projects concurrent with its approval of the project, if all of the following conditions are met:(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) 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) The project will take no more than 10 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site where the project proponent proposes to construct a single-family residence or accessory structure, or no more than 40 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site on which a public agency proposes to undertake a public works project.(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) 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) The department retains express authority to suspend or revoke the county or citys 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 city or county shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.(7) 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 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) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(1) Any project in the area bounded by the intersection of Highway 58 and Interstate 5, 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 Highway 58.(2) (A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height.(B) Three hundred dollars ($300) for each western Joshua tree less than five meters in height.(e) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(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) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d).(2) (A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height.(B) Five hundred dollars ($500) for each western Joshua tree less than five meters in height.(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) (1) The permittee shall bear responsibility for implementing measures to assist the survival of trees relocated pursuant to paragraph (4) of subdivision (a).(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.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 the dead western Joshua trees or any limbs to be removed meet one of the following:(A) Have fallen over and are within 30 feet of a structure.(B) Are leaning against an existing structure.(C) Create an imminent threat to public health or safety.(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) The name, telephone number, mailing address, and email address of the property owner seeking the permit.(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 assessors parcel number.(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) 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) (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) 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) 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) 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) 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) 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) 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 department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A city or county that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.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. Upon appropriation by the Legislature, any moneys in the fund shall 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.(b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund.(c) The fund may also receive other funding to support the conservation of the western Joshua tree.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) 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) 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. 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) (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) 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, and Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c).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 type, scope, and scale of mitigation measures undertaken by permittees, 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 departments 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) The report to the Legislature shall be submitted in accordance with Section 9795 of the Government Code.1927.8. (a) Beginning in 2026, and at least every four 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) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every four 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.1927.9. 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.1927.10. 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.SEC. 2. The provisions of this act are severable. If any provision of this act 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.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 2120 of the Fish and Game Code is amended to read:2120.(a)The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public.(b)The regulations shall also include criteria for all of the following:(1)The receiving, processing, and issuing of a permit and conducting inspections.(2)Contracting out inspection activities.(3)Responding to public reports and complaints.(4)The notification of the revocation, termination, or denial of permits, and related appeals.(5)The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.(6)How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.(c)The regulations shall require permit applicants to show proof of current liability insurance and a surety bond. The commission may determine the appropriate amounts for the insurance and the bond.(d)The regulations shall require permits to be renewed at least every five years.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Amended IN Assembly April 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1008Introduced by Assembly Member Bauer-KahanFebruary 15, 2023An act to amend Section 2120 of the Fish and Game Code, relating to wildlife. An act to add Chapter 11.5 (commencing with Section 1927) to Division 2 of the Fish and Game Code, relating to conservation.LEGISLATIVE COUNSEL'S DIGESTAB 1008, as amended, Bauer-Kahan. Wildlife: Fish and Game Commission: wild animals. The Western Joshua Tree Conservation Act.Under existing law, the Department of Fish and Wildlife (department) has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law, the California Endangered Species Act, requires the Fish and Game Commission (commission) to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, that the action is warranted. The act prohibits the taking of an endangered or threatened species, except in certain situations. Under the act, the department may 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. A violation of the provisions of the Fish and Game Code is a crime.This bill, the Western Joshua Tree Conservation Act, would prohibit 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. The bill would also specify certain take authorizations 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 (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, as provided. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.This bill, among other things, would authorize the department to authorize, by permit, the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree. The bill would authorize, in lieu of completing the mitigation measures on its own, a permittee to elect to satisfy the mitigation obligation by paying a fee pursuant to a specified fee schedule. The bill would require all fees remitted to the department pursuant to these provisions to be deposited into the Western Joshua Tree Conservation Fund, as provided. The bill would require the moneys in the 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. The bill would authorize 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, accessory structures, and public works projects, as defined, concurrent with its approval of the project. The bill would authorize the department 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.This bill would require the department to develop and implement a western Joshua tree conservation plan in collaboration with governmental agencies, California Native American tribes, and the public. The bill would require the department to present the final conservation plan at a public meeting of the commission, for its review and approval, by December 31, 2024, and would require the commission to take final action on the plan by June 30, 2025. The bill would require the department to submit an annual report to the commission and the Legislature addressing the conservation status of the western Joshua tree, as provided.This bill would require the commission, beginning in 2026, and at least every 4 years thereafter, to, at a public meeting, review the status of the western Joshua tree and the effectiveness of the conservation plan, as specified. The bill would also make its provisions severable.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Fish and Game Commission, in cooperation with the Department of Food and Agriculture, to adopt regulations governing both the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state, and the possession of all other wild animals, and requires that those regulations be designed, among other things, to provide for the welfare of wild animals. Existing law requires that the regulations also include criteria for specified administrative acts, including the receiving, processing, and issuing of permits. Under existing regulations, these permits are issued by the Department of Fish and Wildlife.This bill would require the commission to include in these regulations provisions requiring that the permits be renewed at least every 5 years and that permit applicants show proof of current liability insurance and a surety bond, as specified.Existing law makes it unlawful to submit, or to conspire to submit, any false, inaccurate, or otherwise misleading information on any application offered or otherwise presented to the Department of Fish and Wildlife. Under existing law, a violation of any regulation made or adopted under the Fish and Game Code is a misdemeanor, except as specified. Because submitting, or conspiring to submit, false, inaccurate, or otherwise misleading information to the department in these permit applications would be a crime, and because failing to renew these permits every 5 years would be a crime, as provided, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 13, 2023
Amended IN Assembly April 13, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1008
Introduced by Assembly Member Bauer-KahanFebruary 15, 2023
Introduced by Assembly Member Bauer-Kahan
February 15, 2023
An act to amend Section 2120 of the Fish and Game Code, relating to wildlife. An act to add Chapter 11.5 (commencing with Section 1927) to Division 2 of the Fish and Game Code, relating to conservation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1008, as amended, Bauer-Kahan. Wildlife: Fish and Game Commission: wild animals. The Western Joshua Tree Conservation Act.
Under existing law, the Department of Fish and Wildlife (department) has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law, the California Endangered Species Act, requires the Fish and Game Commission (commission) to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, that the action is warranted. The act prohibits the taking of an endangered or threatened species, except in certain situations. Under the act, the department may 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. A violation of the provisions of the Fish and Game Code is a crime.This bill, the Western Joshua Tree Conservation Act, would prohibit 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. The bill would also specify certain take authorizations 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 (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, as provided. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.This bill, among other things, would authorize the department to authorize, by permit, the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree. The bill would authorize, in lieu of completing the mitigation measures on its own, a permittee to elect to satisfy the mitigation obligation by paying a fee pursuant to a specified fee schedule. The bill would require all fees remitted to the department pursuant to these provisions to be deposited into the Western Joshua Tree Conservation Fund, as provided. The bill would require the moneys in the 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. The bill would authorize 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, accessory structures, and public works projects, as defined, concurrent with its approval of the project. The bill would authorize the department 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.This bill would require the department to develop and implement a western Joshua tree conservation plan in collaboration with governmental agencies, California Native American tribes, and the public. The bill would require the department to present the final conservation plan at a public meeting of the commission, for its review and approval, by December 31, 2024, and would require the commission to take final action on the plan by June 30, 2025. The bill would require the department to submit an annual report to the commission and the Legislature addressing the conservation status of the western Joshua tree, as provided.This bill would require the commission, beginning in 2026, and at least every 4 years thereafter, to, at a public meeting, review the status of the western Joshua tree and the effectiveness of the conservation plan, as specified. The bill would also make its provisions severable.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Fish and Game Commission, in cooperation with the Department of Food and Agriculture, to adopt regulations governing both the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state, and the possession of all other wild animals, and requires that those regulations be designed, among other things, to provide for the welfare of wild animals. Existing law requires that the regulations also include criteria for specified administrative acts, including the receiving, processing, and issuing of permits. Under existing regulations, these permits are issued by the Department of Fish and Wildlife.This bill would require the commission to include in these regulations provisions requiring that the permits be renewed at least every 5 years and that permit applicants show proof of current liability insurance and a surety bond, as specified.Existing law makes it unlawful to submit, or to conspire to submit, any false, inaccurate, or otherwise misleading information on any application offered or otherwise presented to the Department of Fish and Wildlife. Under existing law, a violation of any regulation made or adopted under the Fish and Game Code is a misdemeanor, except as specified. Because submitting, or conspiring to submit, false, inaccurate, or otherwise misleading information to the department in these permit applications would be a crime, and because failing to renew these permits every 5 years would be a crime, as provided, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, the Department of Fish and Wildlife (department) has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law, the California Endangered Species Act, requires the Fish and Game Commission (commission) to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, that the action is warranted. The act prohibits the taking of an endangered or threatened species, except in certain situations. Under the act, the department may 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. A violation of the provisions of the Fish and Game Code is a crime.
This bill, the Western Joshua Tree Conservation Act, would prohibit 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. The bill would also specify certain take authorizations 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 (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, as provided. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
This bill, among other things, would authorize the department to authorize, by permit, the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree. The bill would authorize, in lieu of completing the mitigation measures on its own, a permittee to elect to satisfy the mitigation obligation by paying a fee pursuant to a specified fee schedule. The bill would require all fees remitted to the department pursuant to these provisions to be deposited into the Western Joshua Tree Conservation Fund, as provided. The bill would require the moneys in the 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. The bill would authorize 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, accessory structures, and public works projects, as defined, concurrent with its approval of the project. The bill would authorize the department 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.
This bill would require the department to develop and implement a western Joshua tree conservation plan in collaboration with governmental agencies, California Native American tribes, and the public. The bill would require the department to present the final conservation plan at a public meeting of the commission, for its review and approval, by December 31, 2024, and would require the commission to take final action on the plan by June 30, 2025. The bill would require the department to submit an annual report to the commission and the Legislature addressing the conservation status of the western Joshua tree, as provided.
This bill would require the commission, beginning in 2026, and at least every 4 years thereafter, to, at a public meeting, review the status of the western Joshua tree and the effectiveness of the conservation plan, as specified. The bill would also make its provisions severable.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Fish and Game Commission, in cooperation with the Department of Food and Agriculture, to adopt regulations governing both the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state, and the possession of all other wild animals, and requires that those regulations be designed, among other things, to provide for the welfare of wild animals. Existing law requires that the regulations also include criteria for specified administrative acts, including the receiving, processing, and issuing of permits. Under existing regulations, these permits are issued by the Department of Fish and Wildlife.
This bill would require the commission to include in these regulations provisions requiring that the permits be renewed at least every 5 years and that permit applicants show proof of current liability insurance and a surety bond, as specified.
Existing law makes it unlawful to submit, or to conspire to submit, any false, inaccurate, or otherwise misleading information on any application offered or otherwise presented to the Department of Fish and Wildlife. Under existing law, a violation of any regulation made or adopted under the Fish and Game Code is a misdemeanor, except as specified. Because submitting, or conspiring to submit, false, inaccurate, or otherwise misleading information to the department in these permit applications would be a crime, and because failing to renew these permits every 5 years would be a crime, as provided, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 11.5 (commencing with Section 1927) is added to Division 2 of the Fish and Game Code, to read: CHAPTER 11.5. Western Joshua Tree Conservation Act1927. This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.1927.1. For purposes of this chapter, the following definitions apply:(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) California Endangered Species Act means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.(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) Dead western Joshua tree means a western Joshua tree that is dead or has been damaged beyond repair or where not enough live tissue, green leaves, limbs, or branches exist to sustain the trees life.(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) Fund means the Western Joshua Tree Conservation Fund as described in Section 1927.5.(g) Fee means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.(h) 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.(i) 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.(j) 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.(k) Western Joshua tree means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).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 this chapter, Chapter 1.5 (commencing with Section 2050) of Division 3, or Chapter 10 (commencing with Section 2800) of Division 3.(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 Sections 2081 and 2084, or by electing to pay the fees set forth in Section 1927.3.(c) If the commission lists the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act, the authorization of take of a western Joshua tree shall only be under Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to subdivision (d).(d) Upon the approval of a natural community conservation plan in which the western Joshua tree is a covered species, the authorization of take of a western Joshua tree shall only be under Chapter 10 (commencing with Section 2800) of Division 3.(e) 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.(f) 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.(g) 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 for not more than five years after the enactment of this chapter.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) 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) Less than one meter in height.(B) One meter or greater but less than five meters in height.(C) Five meters or greater in height.(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) The permittee mitigates all impacts to, and taking of, the western Joshua tree. When various measures are available to meet this obligation, the measures required shall maintain the permittees 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) (A) The department may require the permittee to relocate one or more of the western Joshua trees. The permittee shall implement measures to assist the survival of relocated trees and shall comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees, including, but not limited to:(i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival.(ii) A requirement that western Joshua trees are relocated between October and March.(iii) Adherence to performance criteria to ensure that relocated trees have at least an 80-percent survivability rate.(iv) A requirement that a desert native plant specialist be on site to oversee relocation.(B) The department may limit relocation to certain size classes of trees.(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) 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, accessory structures, and public works projects concurrent with its approval of the project, if all of the following conditions are met:(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) 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) The project will take no more than 10 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site where the project proponent proposes to construct a single-family residence or accessory structure, or no more than 40 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site on which a public agency proposes to undertake a public works project.(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) 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) The department retains express authority to suspend or revoke the county or citys 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 city or county shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.(7) 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 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) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(1) Any project in the area bounded by the intersection of Highway 58 and Interstate 5, 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 Highway 58.(2) (A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height.(B) Three hundred dollars ($300) for each western Joshua tree less than five meters in height.(e) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(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) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d).(2) (A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height.(B) Five hundred dollars ($500) for each western Joshua tree less than five meters in height.(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) (1) The permittee shall bear responsibility for implementing measures to assist the survival of trees relocated pursuant to paragraph (4) of subdivision (a).(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.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 the dead western Joshua trees or any limbs to be removed meet one of the following:(A) Have fallen over and are within 30 feet of a structure.(B) Are leaning against an existing structure.(C) Create an imminent threat to public health or safety.(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) The name, telephone number, mailing address, and email address of the property owner seeking the permit.(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 assessors parcel number.(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) 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) (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) 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) 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) 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) 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) 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) 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 department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A city or county that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.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. Upon appropriation by the Legislature, any moneys in the fund shall 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.(b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund.(c) The fund may also receive other funding to support the conservation of the western Joshua tree.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) 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) 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. 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) (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) 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, and Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c).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 type, scope, and scale of mitigation measures undertaken by permittees, 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 departments 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) The report to the Legislature shall be submitted in accordance with Section 9795 of the Government Code.1927.8. (a) Beginning in 2026, and at least every four 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) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every four 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.1927.9. 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.1927.10. 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.SEC. 2. The provisions of this act are severable. If any provision of this act 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.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 2120 of the Fish and Game Code is amended to read:2120.(a)The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public.(b)The regulations shall also include criteria for all of the following:(1)The receiving, processing, and issuing of a permit and conducting inspections.(2)Contracting out inspection activities.(3)Responding to public reports and complaints.(4)The notification of the revocation, termination, or denial of permits, and related appeals.(5)The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.(6)How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.(c)The regulations shall require permit applicants to show proof of current liability insurance and a surety bond. The commission may determine the appropriate amounts for the insurance and the bond.(d)The regulations shall require permits to be renewed at least every five years.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 11.5 (commencing with Section 1927) is added to Division 2 of the Fish and Game Code, to read: CHAPTER 11.5. Western Joshua Tree Conservation Act1927. This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.1927.1. For purposes of this chapter, the following definitions apply:(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) California Endangered Species Act means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.(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) Dead western Joshua tree means a western Joshua tree that is dead or has been damaged beyond repair or where not enough live tissue, green leaves, limbs, or branches exist to sustain the trees life.(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) Fund means the Western Joshua Tree Conservation Fund as described in Section 1927.5.(g) Fee means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.(h) 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.(i) 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.(j) 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.(k) Western Joshua tree means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).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 this chapter, Chapter 1.5 (commencing with Section 2050) of Division 3, or Chapter 10 (commencing with Section 2800) of Division 3.(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 Sections 2081 and 2084, or by electing to pay the fees set forth in Section 1927.3.(c) If the commission lists the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act, the authorization of take of a western Joshua tree shall only be under Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to subdivision (d).(d) Upon the approval of a natural community conservation plan in which the western Joshua tree is a covered species, the authorization of take of a western Joshua tree shall only be under Chapter 10 (commencing with Section 2800) of Division 3.(e) 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.(f) 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.(g) 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 for not more than five years after the enactment of this chapter.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) 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) Less than one meter in height.(B) One meter or greater but less than five meters in height.(C) Five meters or greater in height.(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) The permittee mitigates all impacts to, and taking of, the western Joshua tree. When various measures are available to meet this obligation, the measures required shall maintain the permittees 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) (A) The department may require the permittee to relocate one or more of the western Joshua trees. The permittee shall implement measures to assist the survival of relocated trees and shall comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees, including, but not limited to:(i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival.(ii) A requirement that western Joshua trees are relocated between October and March.(iii) Adherence to performance criteria to ensure that relocated trees have at least an 80-percent survivability rate.(iv) A requirement that a desert native plant specialist be on site to oversee relocation.(B) The department may limit relocation to certain size classes of trees.(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) 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, accessory structures, and public works projects concurrent with its approval of the project, if all of the following conditions are met:(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) 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) The project will take no more than 10 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site where the project proponent proposes to construct a single-family residence or accessory structure, or no more than 40 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site on which a public agency proposes to undertake a public works project.(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) 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) The department retains express authority to suspend or revoke the county or citys 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 city or county shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.(7) 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 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) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(1) Any project in the area bounded by the intersection of Highway 58 and Interstate 5, 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 Highway 58.(2) (A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height.(B) Three hundred dollars ($300) for each western Joshua tree less than five meters in height.(e) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(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) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d).(2) (A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height.(B) Five hundred dollars ($500) for each western Joshua tree less than five meters in height.(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) (1) The permittee shall bear responsibility for implementing measures to assist the survival of trees relocated pursuant to paragraph (4) of subdivision (a).(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.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 the dead western Joshua trees or any limbs to be removed meet one of the following:(A) Have fallen over and are within 30 feet of a structure.(B) Are leaning against an existing structure.(C) Create an imminent threat to public health or safety.(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) The name, telephone number, mailing address, and email address of the property owner seeking the permit.(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 assessors parcel number.(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) 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) (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) 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) 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) 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) 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) 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) 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 department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A city or county that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.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. Upon appropriation by the Legislature, any moneys in the fund shall 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.(b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund.(c) The fund may also receive other funding to support the conservation of the western Joshua tree.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) 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) 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. 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) (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) 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, and Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c).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 type, scope, and scale of mitigation measures undertaken by permittees, 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 departments 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) The report to the Legislature shall be submitted in accordance with Section 9795 of the Government Code.1927.8. (a) Beginning in 2026, and at least every four 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) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every four 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.1927.9. 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.1927.10. 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 1. Chapter 11.5 (commencing with Section 1927) is added to Division 2 of the Fish and Game Code, to read:
### SECTION 1.
CHAPTER 11.5. Western Joshua Tree Conservation Act1927. This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.1927.1. For purposes of this chapter, the following definitions apply:(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) California Endangered Species Act means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.(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) Dead western Joshua tree means a western Joshua tree that is dead or has been damaged beyond repair or where not enough live tissue, green leaves, limbs, or branches exist to sustain the trees life.(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) Fund means the Western Joshua Tree Conservation Fund as described in Section 1927.5.(g) Fee means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.(h) 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.(i) 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.(j) 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.(k) Western Joshua tree means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).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 this chapter, Chapter 1.5 (commencing with Section 2050) of Division 3, or Chapter 10 (commencing with Section 2800) of Division 3.(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 Sections 2081 and 2084, or by electing to pay the fees set forth in Section 1927.3.(c) If the commission lists the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act, the authorization of take of a western Joshua tree shall only be under Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to subdivision (d).(d) Upon the approval of a natural community conservation plan in which the western Joshua tree is a covered species, the authorization of take of a western Joshua tree shall only be under Chapter 10 (commencing with Section 2800) of Division 3.(e) 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.(f) 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.(g) 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 for not more than five years after the enactment of this chapter.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) 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) Less than one meter in height.(B) One meter or greater but less than five meters in height.(C) Five meters or greater in height.(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) The permittee mitigates all impacts to, and taking of, the western Joshua tree. When various measures are available to meet this obligation, the measures required shall maintain the permittees 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) (A) The department may require the permittee to relocate one or more of the western Joshua trees. The permittee shall implement measures to assist the survival of relocated trees and shall comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees, including, but not limited to:(i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival.(ii) A requirement that western Joshua trees are relocated between October and March.(iii) Adherence to performance criteria to ensure that relocated trees have at least an 80-percent survivability rate.(iv) A requirement that a desert native plant specialist be on site to oversee relocation.(B) The department may limit relocation to certain size classes of trees.(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) 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, accessory structures, and public works projects concurrent with its approval of the project, if all of the following conditions are met:(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) 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) The project will take no more than 10 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site where the project proponent proposes to construct a single-family residence or accessory structure, or no more than 40 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site on which a public agency proposes to undertake a public works project.(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) 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) The department retains express authority to suspend or revoke the county or citys 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 city or county shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.(7) 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 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) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(1) Any project in the area bounded by the intersection of Highway 58 and Interstate 5, 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 Highway 58.(2) (A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height.(B) Three hundred dollars ($300) for each western Joshua tree less than five meters in height.(e) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(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) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d).(2) (A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height.(B) Five hundred dollars ($500) for each western Joshua tree less than five meters in height.(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) (1) The permittee shall bear responsibility for implementing measures to assist the survival of trees relocated pursuant to paragraph (4) of subdivision (a).(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.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 the dead western Joshua trees or any limbs to be removed meet one of the following:(A) Have fallen over and are within 30 feet of a structure.(B) Are leaning against an existing structure.(C) Create an imminent threat to public health or safety.(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) The name, telephone number, mailing address, and email address of the property owner seeking the permit.(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 assessors parcel number.(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) 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) (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) 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) 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) 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) 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) 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) 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 department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A city or county that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.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. Upon appropriation by the Legislature, any moneys in the fund shall 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.(b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund.(c) The fund may also receive other funding to support the conservation of the western Joshua tree.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) 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) 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. 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) (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) 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, and Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c).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 type, scope, and scale of mitigation measures undertaken by permittees, 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 departments 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) The report to the Legislature shall be submitted in accordance with Section 9795 of the Government Code.1927.8. (a) Beginning in 2026, and at least every four 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) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every four 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.1927.9. 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.1927.10. 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.
CHAPTER 11.5. Western Joshua Tree Conservation Act1927. This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.1927.1. For purposes of this chapter, the following definitions apply:(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) California Endangered Species Act means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.(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) Dead western Joshua tree means a western Joshua tree that is dead or has been damaged beyond repair or where not enough live tissue, green leaves, limbs, or branches exist to sustain the trees life.(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) Fund means the Western Joshua Tree Conservation Fund as described in Section 1927.5.(g) Fee means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.(h) 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.(i) 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.(j) 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.(k) Western Joshua tree means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).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 this chapter, Chapter 1.5 (commencing with Section 2050) of Division 3, or Chapter 10 (commencing with Section 2800) of Division 3.(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 Sections 2081 and 2084, or by electing to pay the fees set forth in Section 1927.3.(c) If the commission lists the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act, the authorization of take of a western Joshua tree shall only be under Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to subdivision (d).(d) Upon the approval of a natural community conservation plan in which the western Joshua tree is a covered species, the authorization of take of a western Joshua tree shall only be under Chapter 10 (commencing with Section 2800) of Division 3.(e) 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.(f) 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.(g) 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 for not more than five years after the enactment of this chapter.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) 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) Less than one meter in height.(B) One meter or greater but less than five meters in height.(C) Five meters or greater in height.(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) The permittee mitigates all impacts to, and taking of, the western Joshua tree. When various measures are available to meet this obligation, the measures required shall maintain the permittees 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) (A) The department may require the permittee to relocate one or more of the western Joshua trees. The permittee shall implement measures to assist the survival of relocated trees and shall comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees, including, but not limited to:(i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival.(ii) A requirement that western Joshua trees are relocated between October and March.(iii) Adherence to performance criteria to ensure that relocated trees have at least an 80-percent survivability rate.(iv) A requirement that a desert native plant specialist be on site to oversee relocation.(B) The department may limit relocation to certain size classes of trees.(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) 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, accessory structures, and public works projects concurrent with its approval of the project, if all of the following conditions are met:(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) 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) The project will take no more than 10 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site where the project proponent proposes to construct a single-family residence or accessory structure, or no more than 40 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site on which a public agency proposes to undertake a public works project.(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) 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) The department retains express authority to suspend or revoke the county or citys 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 city or county shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.(7) 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 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) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(1) Any project in the area bounded by the intersection of Highway 58 and Interstate 5, 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 Highway 58.(2) (A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height.(B) Three hundred dollars ($300) for each western Joshua tree less than five meters in height.(e) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(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) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d).(2) (A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height.(B) Five hundred dollars ($500) for each western Joshua tree less than five meters in height.(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) (1) The permittee shall bear responsibility for implementing measures to assist the survival of trees relocated pursuant to paragraph (4) of subdivision (a).(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.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 the dead western Joshua trees or any limbs to be removed meet one of the following:(A) Have fallen over and are within 30 feet of a structure.(B) Are leaning against an existing structure.(C) Create an imminent threat to public health or safety.(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) The name, telephone number, mailing address, and email address of the property owner seeking the permit.(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 assessors parcel number.(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) 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) (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) 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) 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) 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) 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) 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) 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 department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A city or county that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.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. Upon appropriation by the Legislature, any moneys in the fund shall 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.(b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund.(c) The fund may also receive other funding to support the conservation of the western Joshua tree.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) 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) 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. 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) (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) 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, and Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c).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 type, scope, and scale of mitigation measures undertaken by permittees, 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 departments 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) The report to the Legislature shall be submitted in accordance with Section 9795 of the Government Code.1927.8. (a) Beginning in 2026, and at least every four 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) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every four 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.1927.9. 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.1927.10. 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.
CHAPTER 11.5. Western Joshua Tree Conservation Act
CHAPTER 11.5. Western Joshua Tree Conservation Act
1927. This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.
1927. This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.
1927.1. For purposes of this chapter, the following definitions apply:(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) California Endangered Species Act means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.(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) Dead western Joshua tree means a western Joshua tree that is dead or has been damaged beyond repair or where not enough live tissue, green leaves, limbs, or branches exist to sustain the trees life.(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) Fund means the Western Joshua Tree Conservation Fund as described in Section 1927.5.(g) Fee means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.(h) 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.(i) 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.(j) 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.(k) Western Joshua tree means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).
1927.1. For purposes of this chapter, the following definitions apply:
(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) California Endangered Species Act means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.
(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) Dead western Joshua tree means a western Joshua tree that is dead or has been damaged beyond repair or where not enough live tissue, green leaves, limbs, or branches exist to sustain the trees life.
(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) Fund means the Western Joshua Tree Conservation Fund as described in Section 1927.5.
(g) Fee means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.
(h) 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.
(i) 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.
(j) 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.
(k) Western Joshua tree means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).
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 this chapter, Chapter 1.5 (commencing with Section 2050) of Division 3, or Chapter 10 (commencing with Section 2800) of Division 3.(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 Sections 2081 and 2084, or by electing to pay the fees set forth in Section 1927.3.(c) If the commission lists the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act, the authorization of take of a western Joshua tree shall only be under Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to subdivision (d).(d) Upon the approval of a natural community conservation plan in which the western Joshua tree is a covered species, the authorization of take of a western Joshua tree shall only be under Chapter 10 (commencing with Section 2800) of Division 3.(e) 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.(f) 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.(g) 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 for not more than five years after the enactment of this chapter.
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 this chapter, Chapter 1.5 (commencing with Section 2050) of Division 3, or Chapter 10 (commencing with Section 2800) of Division 3.
(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 Sections 2081 and 2084, or by electing to pay the fees set forth in Section 1927.3.
(c) If the commission lists the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act, the authorization of take of a western Joshua tree shall only be under Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to subdivision (d).
(d) Upon the approval of a natural community conservation plan in which the western Joshua tree is a covered species, the authorization of take of a western Joshua tree shall only be under Chapter 10 (commencing with Section 2800) of Division 3.
(e) 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.
(f) 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.
(g) 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 for not more than five years after the enactment of this chapter.
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) 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) Less than one meter in height.(B) One meter or greater but less than five meters in height.(C) Five meters or greater in height.(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) The permittee mitigates all impacts to, and taking of, the western Joshua tree. When various measures are available to meet this obligation, the measures required shall maintain the permittees 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) (A) The department may require the permittee to relocate one or more of the western Joshua trees. The permittee shall implement measures to assist the survival of relocated trees and shall comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees, including, but not limited to:(i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival.(ii) A requirement that western Joshua trees are relocated between October and March.(iii) Adherence to performance criteria to ensure that relocated trees have at least an 80-percent survivability rate.(iv) A requirement that a desert native plant specialist be on site to oversee relocation.(B) The department may limit relocation to certain size classes of trees.(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) 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, accessory structures, and public works projects concurrent with its approval of the project, if all of the following conditions are met:(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) 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) The project will take no more than 10 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site where the project proponent proposes to construct a single-family residence or accessory structure, or no more than 40 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site on which a public agency proposes to undertake a public works project.(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) 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) The department retains express authority to suspend or revoke the county or citys 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 city or county shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.(7) 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 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) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(1) Any project in the area bounded by the intersection of Highway 58 and Interstate 5, 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 Highway 58.(2) (A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height.(B) Three hundred dollars ($300) for each western Joshua tree less than five meters in height.(e) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.(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) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d).(2) (A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height.(B) Five hundred dollars ($500) for each western Joshua tree less than five meters in height.(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) (1) The permittee shall bear responsibility for implementing measures to assist the survival of trees relocated pursuant to paragraph (4) of subdivision (a).(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.
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) 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) Less than one meter in height.
(B) One meter or greater but less than five meters in height.
(C) Five meters or greater in height.
(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) The permittee mitigates all impacts to, and taking of, the western Joshua tree. When various measures are available to meet this obligation, the measures required shall maintain the permittees 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) (A) The department may require the permittee to relocate one or more of the western Joshua trees. The permittee shall implement measures to assist the survival of relocated trees and shall comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees, including, but not limited to:
(i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival.
(ii) A requirement that western Joshua trees are relocated between October and March.
(iii) Adherence to performance criteria to ensure that relocated trees have at least an 80-percent survivability rate.
(iv) A requirement that a desert native plant specialist be on site to oversee relocation.
(B) The department may limit relocation to certain size classes of trees.
(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) 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, accessory structures, and public works projects concurrent with its approval of the project, if all of the following conditions are met:
(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) 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) The project will take no more than 10 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site where the project proponent proposes to construct a single-family residence or accessory structure, or no more than 40 individual western Joshua trees or 10 percent of the individual western Joshua trees, whichever is less, on the project site on which a public agency proposes to undertake a public works project.
(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) 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) The department retains express authority to suspend or revoke the county or citys 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 city or county shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.
(7) 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 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) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.
(1) Any project in the area bounded by the intersection of Highway 58 and Interstate 5, 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 Highway 58.
(2) (A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height.
(B) Three hundred dollars ($300) for each western Joshua tree less than five meters in height.
(e) The department may approve 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) to satisfy the mitigation obligation provided for in paragraph (3) of subdivision (a), by paying the fees in the amounts provided in paragraph (2) for deposit into the fund.
(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) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d).
(2) (A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height.
(B) Five hundred dollars ($500) for each western Joshua tree less than five meters in height.
(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) (1) The permittee shall bear responsibility for implementing measures to assist the survival of trees relocated pursuant to paragraph (4) of subdivision (a).
(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.
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 the dead western Joshua trees or any limbs to be removed meet one of the following:(A) Have fallen over and are within 30 feet of a structure.(B) Are leaning against an existing structure.(C) Create an imminent threat to public health or safety.(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) The name, telephone number, mailing address, and email address of the property owner seeking the permit.(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 assessors parcel number.(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) 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) (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) 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) 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) 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) 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) 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) 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 department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A city or county that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.
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 the dead western Joshua trees or any limbs to be removed meet one of the following:
(A) Have fallen over and are within 30 feet of a structure.
(B) Are leaning against an existing structure.
(C) Create an imminent threat to public health or safety.
(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) The name, telephone number, mailing address, and email address of the property owner seeking the permit.
(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 assessors parcel number.
(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) 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) (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) 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) 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) 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) 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) 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) 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 department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A city or county that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population within the city or county and submit the assessment to the department. The department shall determine if the population needs further protection in order to provide for the conservation of the species.
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. Upon appropriation by the Legislature, any moneys in the fund shall 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.(b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund.(c) The fund may also receive other funding to support the conservation of the western Joshua tree.
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. Upon appropriation by the Legislature, any moneys in the fund shall 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.
(b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund.
(c) The fund may also receive other funding to support the conservation of the western Joshua tree.
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) 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) 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. 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) (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) 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, and Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c).
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) 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) 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. 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) (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) 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, and Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c).
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 type, scope, and scale of mitigation measures undertaken by permittees, 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 departments 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) The report to the Legislature shall be submitted in accordance with Section 9795 of the Government 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 type, scope, and scale of mitigation measures undertaken by permittees, 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 departments 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) The report to the Legislature shall be submitted in accordance with Section 9795 of the Government Code.
1927.8. (a) Beginning in 2026, and at least every four 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) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every four 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.
1927.8. (a) Beginning in 2026, and at least every four 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) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every four 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.
1927.9. 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.
1927.9. 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.
1927.10. 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.
1927.10. 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.
SEC. 2. The provisions of this act are severable. If any provision of this act 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.
SEC. 2. The provisions of this act are severable. If any provision of this act 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.
SEC. 2. The provisions of this act are severable. If any provision of this act 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.
### SEC. 2.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 3.
(a)The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public.
(b)The regulations shall also include criteria for all of the following:
(1)The receiving, processing, and issuing of a permit and conducting inspections.
(2)Contracting out inspection activities.
(3)Responding to public reports and complaints.
(4)The notification of the revocation, termination, or denial of permits, and related appeals.
(5)The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.
(6)How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.
(c)The regulations shall require permit applicants to show proof of current liability insurance and a surety bond. The commission may determine the appropriate amounts for the insurance and the bond.
(d)The regulations shall require permits to be renewed at least every five years.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.