Western Joshua Tree Conservation Act: removal: trimming.

The entire single-family residence exemption (Section 1928) is removed. The Assembly version would have exempted any project on a parcel containing a single-family residence continuously owned by the same person on or before July 10, 2023, from the entire chapter if the owner complied with local ordinances as they read on that date.

New provisions in Section 1927.2 establish how this chapter interacts with other laws: if the Fish and Wildlife Commission determines listing under the California Endangered Species Act is warranted, this chapter becomes inoperative; if not warranted, this chapter remains operative; and if a Natural Community Conservation Plan covering western Joshua tree is approved, take authorization for covered projects is only through that plan.

The tribal cultural use provision is expanded from allowing memoranda of understanding for 'taking and possession' to 'taking, possession, purchase, or sale' of western Joshua trees for tribal cultural purposes.

The Fish and Wildlife Commission is required to reopen its administrative record to assess the impact of the conservation program, considering factors including effectiveness of funded conservation measures, the department's conservation plan, annual reports, fee adjustments, and an updated status review due no later than January 1, 2033.

The permit eligibility criterion for infrastructure-related removals is broadened from requiring compliance with 'department approved fire, health, or safety requirements' to compliance with 'any applicable state or local law, ordinance, or regulation governing fire, health, or safety.'

A new limit is added: no more than one permit may be issued for each incident related to existing infrastructure or utilities under the fee-free permit category.

Section 1927.1 is amended to add or revise definitions for terms including 'accessory structure,' 'dead western Joshua tree' (with specific criteria based on burn history and physical condition), 'desert native plant specialist,' 'multifamily residence,' 'public works project,' 'relocated/relocation,' and 'single-family residence.'

The bill's scope description changes from 'add Section 1928 to amend Section 1927.4' to 'amend Sections 1927.1, 1927.2, and 1927.4,' reflecting the removal of the new section and the addition of amendments to two existing sections.

The permit process now allows property owners or their agents (not just owners) to submit applications and complete work, and requires the department to develop and maintain guidance for property owners seeking fee-free permits.

The entire provision allowing free permits for removal or trimming of western Joshua trees on single-family residences with a homeowner property tax exemption when necessary for infrastructure or utility maintenance, repair, or replacement is deleted. This removed a significant exemption that would have let affected homeowners bypass fees and mitigation requirements.

The requirement for a signed attestation from the property owner or signed certification by a desert native plant specialist confirming the tree meets the definition of a dead western Joshua tree is deleted from the permit request process.

Permit request documentation is simplified from a tiered system (different requirements for different permit types) to a single set: contact information, property address, and photographs demonstrating the tree meets one of the three conditions. The previous version required additional proof of tax exemption and a description of how removal was necessary for infrastructure.

Permit eligibility is narrowed to only three conditions: a dead tree has fallen within 30 feet of a structure, is leaning against an existing structure, or creates an imminent threat to public health or safety. The previous version also included the single-family residence infrastructure condition as a fourth pathway.

Assembly Member Carrillo is added as co-author of the bill.

Language is updated from 'its agent' to 'their agent' (gender-neutral) and from singular 'western Joshua tree' to plural 'western Joshua trees' in several places to reflect that multiple trees can be addressed under one permit.

The bill text was reformatted from a paginated legislative document (with page headers, line numbers, and column layout) into a web page format with navigation elements, search boxes, and version tracking links. No changes to the actual statutory language were made.

New Section 1927.4 authorizes the Department of Fish and Wildlife to issue permits for removal or trimming of western Joshua trees without payment of fees or other mitigation, which was not previously available under the act.

The department may enter agreements with counties or cities to delegate permit-issuing authority, provided local jurisdictions meet the same requirements. Local governments must submit quarterly reports and conduct annual population assessments of western Joshua trees.

Dead western Joshua trees qualify for no-fee permits if they have fallen within 30 feet of a structure, are leaning against an existing structure, or create an imminent threat to public health or safety.

A new category allows no-fee permits for removal or trimming of western Joshua trees on parcels containing a single-family residence occupied by a homeowner with a property tax exemption (Section 218 Revenue and Taxation Code), where the work is necessary to maintain, repair, or replace existing infrastructure or utilities, or to comply with fire, health, or safety requirements including defensible space.

A cap of no more than 10 individual western Joshua trees or limbs may be removed per permit under the single-family residence category.

The department must process dead tree permits within 30 days and single-family residence infrastructure permits within 10 days of receiving a complete request. Property owners have 60 days to complete work after permit issuance, extendable at the department's discretion.

Property owners must submit post-completion photographs within 30 days of finishing removal or trimming work authorized by a permit.

The department retains express authority to suspend or revoke a local delegation agreement if the jurisdiction violates terms, fails to enforce the chapter, or if the local population needs further protection.

The department must adopt standardized survey and assessment methods for annual local population assessments, conducted by a desert native plant specialist. Government Code Chapter 3.5 (public comment requirements) is explicitly exempted from applying to development of these methods.

Fiscal committee review changed from 'no' to 'yes,' indicating the bill now has a fiscal impact requiring committee review, likely due to new administrative costs for permit processing and local delegation oversight.

New Section 1928 exempts projects or activities on parcels containing a single-family residence that meets two criteria: (1) the parcel was continuously owned by the same person on or before July 10, 2023, where continuous ownership includes transfers by gift or inheritance with no consideration; and (2) the parcel owner complies with applicable local ordinances regarding western Joshua trees as those ordinances read on July 10, 2023.

The fiscal committee designation changed from 'no' to 'yes,' indicating the amendment was found to have a state fiscal impact, likely due to the reduced regulatory scope of the act.