Bill Text: CA AB1663 | 2025-2026 | Regular Session | Amended

California Assembly Bill 1663

Bill Title: Western Joshua Tree Conservation Act: removal: trimming.

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed) 2026-06-25 - Read second time and amended. Re-referred to Com. on APPR. [AB1663 Detail]

Download: California-2025-AB1663-Amended.html

Amended IN Senate June 25, 2026

Amended IN Assembly April 27, 2026

Amended IN Assembly March 16, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1663

Introduced by Assembly Member Wallis

January 29, 2026

An act to amend ~~Section~~ Sections 1927.1, 1927.2, and 1927.4 of the Fish and Game Code, relating to conservation.

LEGISLATIVE COUNSEL'S DIGEST

AB 1663, as amended, Wallis. Western Joshua Tree Conservation Act: removal: trimming.

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 specified. The act authorizes the Department of Fish and Wildlife to 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 through measures that are roughly proportional in extent to the authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitigation measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided. The act authorizes the department to permit the removal or trimming of a dead western Joshua tree or trimming of a live western Joshua tree, without payment of fees or other mitigation, provided that the dead western Joshua tree or any limb to be removed satisfies a specified condition, including that the tree is leaning against an existing structure.

This bill would additionally authorize the department to issue a permit, without payment of fees or other mitigation, for the removal or trimming of any western Joshua tree that meets certain criteria, including that the western Joshua tree is located on a parcel that contains an existing single-family residence that is occupied by a person who maintains a specified homeowner’s property tax exemption and that the removal or trimming of the western Joshua tree is necessary to maintain, repair, or replace existing infrastructure or utilities, as specified. The bill would require an applicant for a permit to demonstrate to the department that the western Joshua tree meets the criteria required for the permit, as specified.

The act authorizes the department to enter into memoranda of understanding with California Native American tribes to provide for the taking and possession of western Joshua trees for tribal cultural purposes.
This bill would instead authorize the memoranda to include the taking, possession, purchase, or sale of western Joshua trees for tribal cultural purposes.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1927.1 of the Fish and Game Code is amended to read:

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 meets at least one of the following criteria:

(1) Has not burned and has no green leaves, no new growth on the main stem, and no basal sprouts.

(2) Has partially or fully burned at least 18 months prior and otherwise satisfies paragraph (1).

(3) Has fallen and is completely detached from its roots or has fallen and its roots are no longer in contact with the soil.

(e) “Desert native plant specialist” means an arborist certified by the International Society of ~~Arborists,~~ Arboriculture, or an individual with at least five years of professional experience with relocation or restoration of native California desert vegetation.

(f) “Fee” means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.

(g) “Fund” means the Western Joshua Tree Conservation Fund as described in Section 1927.5.

(h) “Multifamily residence” means an apartment building, rowhouse, town house, condominium, or manufactured building that consists of two or more attached dwelling units designed for occupancy by two or more families living independently of one another.

(i) “Public works project” means a project involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(j) “Relocated” or “relocation” means the removal of a living western Joshua tree and a sufficient portion of its root mass from the ground and transplanting it.

(k) “Single-family residence” means a single detached building that has been, or will be, constructed and used as living facilities, including provisions for sleeping, eating, cooking, and sanitation, as required by the California Building Standards Code, for not more than one household.

(l) “Western Joshua tree” means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).

SEC. 2.

Section 1927.2 of the Fish and Game Code is amended to read:

1927.2.

(a) No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, a western Joshua tree or any part or product of the tree, except as authorized pursuant to any of the following, as applicable:

(1) This chapter.

(2) The California Endangered Species Act.

(3) The Natural Community Conservation Planning Act (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 the California Endangered Species Act or by electing to pay the fees set forth in Section 1927.3.

(c) (1) This chapter is a change in state law, within the meaning of paragraph (1) of subdivision (c) of Section 2075.5, that has a direct and significant impact on the commission’s determination as to whether the petitioned action is warranted. Pursuant to subdivision (c) of Section 2075.5, the commission shall reopen the administrative record for the commission’s determination for the purpose of assessing the impact of the conservation program established by this chapter.

(2) In making the assessment described in paragraph (1), the commission shall consider all of the following:

(A) The effectiveness of any conservation measures funded through expenditures of fees by the department pursuant to Section 1927.5.

(B) The conservation plan developed by the department and approved by the commission pursuant to Section 1927.6.

(D) Any recommendations submitted to the commission by the department pursuant to subdivision (a) of Section 1927.8.

(E) The fee adjustments, if any, adopted by the department pursuant to subdivision (b) of Section 1927.8.

(F) An updated status review to be submitted to the commission by the department no later than January 1, 2033, unless the commission directs the department to submit the updated status review sooner.

(d) If the commission determines that listing the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act is not warranted, this chapter shall remain operative and the authorization of take of a western Joshua tree shall be pursuant to this chapter.

(e) If the commission determines that listing the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act is warranted, this chapter shall become inoperative and the authorization of take of a western Joshua tree shall only be pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3).

(f) Upon the approval of a natural community conservation plan that provides for the conservation of the western Joshua tree as a covered species, the authorization of take of a western Joshua tree for any project or activity covered by the plan shall only be pursuant to Chapter 10 (commencing with Section 2800) of Division 3.

(g) The provisions of the Native Plant Protection Act (Chapter 10 (commencing with Section 1900)), and the California Desert Native Plants Act (Division 23 (commencing with Section 80001) of the Food and Agricultural Code), shall not apply to the western Joshua tree.

(h) ~~This section shall not preclude the department from authorizing,~~ The department may authorize, 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~~ and may enter into memoranda of understanding with California Native American tribes to provide for the ~~taking and possession~~ taking, possession, purchase, or sale of western Joshua trees for tribal cultural ~~purposes, or as otherwise required by applicable law.~~ purposes.

(i) Any authorization issued by the department pursuant to Section 2081 or 2084, before the enactment of this chapter, to import, export, take, possess, purchase, or sell a western Joshua tree shall be valid and remain in effect after the enactment of this chapter pursuant to the terms of the authorization.

SECTION 1.SEC. 3.

Section 1927.4 of the Fish and Game Code is amended to read:

1927.4.

(a) The department may issue a permit to authorize either the removal or trimming of a western Joshua tree.

(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 either of the following apply:

(A) A dead western Joshua tree or any limb to be removed meets one of the following conditions:

(i) Has fallen over and are within 30 feet of a structure.

(ii) Is leaning against an existing structure.

(iii) Creates an imminent threat to public health or safety.

(B) A western Joshua tree meets all of the following criteria:

(i) The western Joshua tree is located on a parcel that contains an existing single-family residence that is occupied by a person who maintains a homeowner’s property tax exemption on the residence pursuant to Section 218 of the Revenue and Taxation Code.

(ii) The removal or trimming of the western Joshua tree is necessary to maintain, repair, or replace existing infrastructure or utilities serving the residence or to comply with ~~department approved fire, health, or safety requirements, including defensible space requirements.~~ any applicable state or local law, ordinance, or regulation governing fire, health, or safety.

~~(C)No more than 10 individual western Joshua trees or any limbs may be removed for each permit issued pursuant to subparagraph (B).~~
(3) (A) The department shall develop and maintain guidance for property owners of activities eligible for a permit pursuant to clause (ii) of subparagraph (B) of paragraph (2).
(B) (i) No more than 10 individual western Joshua trees may be removed or trimmed for each permit issued pursuant to subparagraph (B) of paragraph (2).
(ii) No more than one permit may be issued pursuant to subparagraph (B) of paragraph (2) for each incident related to existing infrastructure or utilities.
~~(3)~~

(4) A property owner or their agent 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 or their agent seeking the permit.

(B) The street address of the property on which the western Joshua tree to be removed or trimmed is located. If no street address is available, the property owner or their agent shall include the assessor’s parcel number.

~~(i)Photographs~~ photographs are required 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 subparagraph (A) of paragraph (2).

~~(ii)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.~~

(D) For a request for a permit pursuant to subparagraph (B) of paragraph (2), all of the following are required:

(i) Proof of the maintenance of a property tax exemption required by clause (i) of subparagraph (B) of paragraph (2).

(ii) A description of how the removal of a tree is necessary pursuant to clause (ii) of subparagraph (B) of paragraph (2).

(iii) Photographs of the western Joshua trees that visually depict the western Joshua trees to be removed or trimmed.

~~(4)~~

(5) (A) Within 30 days of receipt of a request for a permit pursuant to clause (i) or (ii) of subparagraph (A) or subparagraph (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 clause (iii) of subparagraph (A) 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 or their agent 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 or their agent may resubmit the request with additional information and photographs. Resubmissions pursuant to this subdivision shall be processed as new permit requests.

~~(5)~~

(6) 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 or their agent shall submit, by mail or email, photographs of the site at which each western Joshua tree was 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 a western Joshua tree 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) (1) The department retains express authority to suspend or revoke an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of a western Joshua tree in the event the department determines the county or city has violated the terms of the agreement or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A county or city that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population of western Joshua trees within the county or city and submit the assessment to the department. The department shall determine if the population needs further protection to provide for the conservation of the species.

(2) The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to paragraph (1), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this paragraph.