The Western Joshua Tree Conservation Act (WJTCA) bill package is a targeted legislative effort to improve how the law is applied in practice while maintaining protections for the Western Joshua tree.
The package includes three bills:
These measures intended to provide greater clarity, reduce unnecessary regulatory burdens, and support continued access to essential residential and public services in desert communities.
Collectively, these bills respond to concerns raised by property owners, local service providers, and public agencies about how current law affects routine property maintenance, infrastructure improvements, and permitting for life-sustaining services. The package is designed to clarify key legal definitions, align statutory authority with on-the-ground implementation, and establish a more practical, efficient compliance framework under the WJTCA.
Bill Package Details
SB 1061 — Clarification of “Take”
Summary:
Clarifies the definition of “take” under the WJTCA to better reflect the management of a stationary plant species.
Key Provisions:
- Excludes unintentional or accidental death of a Western Joshua tree from the definition of “take”
- Exempts relocation of trees within or between commonly owned parcels from permitting requirements
Status:
Senate Natural Resources Committee — Hearing scheduled for April 21, 2026
Resources:
SB 1062 — Public Agency Permitting Flexibility
Summary:
Clarifies that the California Department of Fish and Wildlife (CDFW) may grant project-specific take permit conditions for public agency projects involving life-sustaining services.
Key Provisions:
- Allows:
- Project-wide avoidance and minimization measures
- Reduction or waiver of in-lieu mitigation fees
- Flexible compliance options as determined by CDFW
- Aligns statutory authority with the Western Joshua Tree Conservation Plan (WJTCP)
Goal:
Ensure consistency between law and existing implementation practices.
Status:
Senate Natural Resources Committee — Hearing scheduled for April 21, 2026
Resources:
SB 1063 — Expedited Permitting for Essential Services
Summary:
Establishes a streamlined pathway for projects involving essential residential services.
Key Provisions:
- Creates an expedited permitting process for “take”
- Eliminates:
- Permit fees
- Mitigation requirements
Eligibility Criteria:
Applies when impacts are related to infrastructure providing:
- Electricity
- Gas
- Water
- Sewer
- Telecommunications
- Wildfire hardening
For:
- Single-family residences
- Multi-family residences
Status:
Senate Natural Resources Committee — Hearing scheduled for April 21, 2026
Resources:
What is the Western Joshua Tree Conservation Act
The Western Joshua Tree Conservation Act (WJTCA) is a California Law that was enacted in July 2023. The WJTCA prohibits the importation, export, take, possession, purchase, or sale of any western Joshua tree in California unless authorized by CDFW.
Origin of the Western Joshua Tree Conservation Act and Plan
The formal process to protect the western Joshua tree began on October 15, 2019, when the Center for Biological Diversity (CBD) submitted a petition to the California Fish and Game Commission (Commission) to list the species as threatened under the California Endangered Species Act (CESA). In September 2020, the Commission determined that listing might be warranted and designated the tree as a candidate species, providing temporary legal protection under CESA.
Following this designation, the California Department of Fish and Wildlife (the Department) conducted a status review, which it submitted in March 2022, concluding that listing was not warranted.
In June 2022, the Commission considered the Department’s report (pg. 1-5) but could not reach a decision. To resolve the administrative deadlock and provide a long-term conservation framework, the Western Joshua Tree Conservation Act (WJTCA) was introduced in a budget trailer bill 2023 and signed into law in July 2023.
2022 CDFW Status Review: Recommendation for Petitioned Action
“Based on the criteria described above, the best scientific information available to the Department at this time indicates that western Joshua tree is not in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease, and is not likely to become an endangered species in the foreseeable future in the absence of special protection and management efforts required by CESA.”
