CaliforniaWestern Joshua Tree Conservation Act: industrial projects and commercial projects: tree removal and trimming.
What it does
(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.
More detail
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.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jan 22Consideration of Governor's veto stricken from file.Latest
- 2025
- Oct 3Consideration of Governor's veto pending.
- Oct 3Vetoed by Governor Gavin Newsom.Major
- Sep 24Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 12Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 3386.).Major
- Vote recorded AB 1089 Carrillo Concurrence in Senate Amendments. Result: pass.Lower
- Sep 12In Assembly. Concurrence in Senate amendments pending.
- Sep 11Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2921.).Passed Senate
- Vote recorded 3rd Reading AB1089 Carrillo By Laird. Result: pass.Upper
- Aug 29Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 29From committee: Do pass. (Ayes 7. Noes 0.) (August 29).Minor
- Aug 18In committee: Referred to suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 21Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 21From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 16).Major
- Jul 16
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- May 7Referred to Com. on N.R. & W.Minor
- Apr 29In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Apr 28Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 1319.)Passed Assembly
- Vote recorded AB 1089 Carrillo Assembly Third Reading. Result: pass.Lower
- Apr 24Read second time. Ordered to third reading.Minor
- Apr 23From committee: Do pass. (Ayes 15. Noes 0.) (April 23).Minor
- Vote recorded Do pass. Result: pass.Lower
- Apr 9From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 8). Re-referred to Com. on APPR.Minor
- Apr 8
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Mar 25Re-referred to Com. on W. P., & W.Minor
- Mar 24From committee chair, with author's amendments: Amend, and re-refer to Com. on W. P., & W. Read second time and amended.Major
- Mar 24Referred to Com. on W. P., & W.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced