AB 1089: Western Joshua Tree Conservation Act: industrial projects and commercial projects: tree removal and trimming.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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

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

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

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

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

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

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. January 22, 2026Consideration of Governor's veto stricken from file.
2. October 3, 2025Consideration of Governor's veto pending.
3. October 3, 2025Vetoed by Governor.
4. September 24, 2025Enrolled and presented to the Governor at 3 p.m.
5. September 12, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 3386.).
6. September 12, 2025In Assembly. Concurrence in Senate amendments pending.
7. September 11, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2921.).
8. August 29, 2025Read second time. Ordered to third reading.
9. August 29, 2025From committee: Do pass. (Ayes 7. Noes 0.) (August 29).
10. August 18, 2025In committee: Referred to suspense file.
11. July 21, 2025Read second time and amended. Re-referred to Com. on APPR.
12. July 21, 2025From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 16).