Western Joshua Tree Conservation Act: fees.

In Section 1.5 (the provision that coordinates with AB 1808), the deadline for the department to adopt fee regulations was changed from 'By December 31, 2026, June 30, 2027, and every three years thereafter' to 'By June 30, 2027, and every three years thereafter,' removing the earlier December 31, 2026 deadline.

Minor wording changes in Section 1.5: 'prior to August 31' was changed to 'before August 31' for the public meeting requirement, and 'utilize total cost accounting' was changed to 'use total cost accounting.' These are stylistic edits with no substantive policy effect.

Removed authorization for the department to establish project-specific conditions for projects related to life-sustaining services, which would have allowed projectwide avoidance/minimization/mitigation standards, reduction or waiver of in-lieu mitigation fees, and other compliance flexibility to facilitate timely construction or operation of such projects.

The act description no longer references amendments to Sections 1927.1 and 1927.3 of the Fish and Game Code; the bill now only amends Section 1927.8.

Added new Section 1.5 incorporating amendments to Section 1927.8 proposed by AB 1808, operative only if both bills are enacted by January 1, 2027, both amend Section 1927.8, and SB 1062 is enacted after AB 1808.

Changed the deadline for the department's first regulatory fee adjustment from December 31, 2026 to June 30, 2027, giving the department an additional six months.

Added a requirement that the department utilize total cost accounting when determining fee adequacy, specifically ensuring sufficient funds for land acquisition or conservation easement costs, monitoring costs, restoration costs, transaction costs, and endowments for land management or easement stewardship costs consistent with Government Code Chapter 4.6 and Probate Code Part 7.

New Section 1927.8(a) requires the Fish and Game Commission to review the status of the western Joshua tree and the effectiveness of the conservation plan at a public meeting at least every two years, beginning in 2026, prior to August 31 each cycle. The department must make recommendations for conservation plan amendments concurrent with each review.

New Section 1927.8(b) requires the department to annually adjust fees under Section 1927.3 and to adopt or amend regulations adjusting fees by December 31, 2026, and every three years thereafter.

The department is now required to consider making fees proportionate to the impact of a project and to use tiered fees based on project type, size, or other criteria.

The department must use total cost accounting when determining fee adequacy, including ensuring sufficient funds for land acquisition, conservation easement costs, monitoring, restoration, transaction costs, and endowments for land management or easement stewardship.

The provision authorizing the department to reduce in-lieu fees for projects that conserve a western Joshua tree through acquisition of compensatory habitat mitigation land otherwise required by law has been removed from this version of the bill.

The provision authorizing the department to reduce in-lieu fees for projects involving more than one parcel has been removed from this version of the bill.

New Section 1927.1 added to the Fish and Game Code providing definitions for terms used throughout the chapter, including 'life-sustaining service,' 'dead western Joshua tree,' 'desert native plant specialist,' 'accessory structure,' 'multifamily residence,' 'public works project,' and others.

New subdivision (h) in Section 1927.3 authorizes the department to establish project-specific conditions for projects related to life-sustaining services upon request by a state or local public agency, including special districts such as publicly owned water agencies, irrigation districts, or power authorities.

Under the new subdivision (h), project-specific conditions may include a reduction or waiver of in-lieu mitigation fees, which could significantly lower costs for public infrastructure projects that impact western Joshua trees.

'Life-sustaining service' is defined as an activity relating to critical infrastructure, including but not limited to infrastructure that provides electricity, gas, water, sewer, or telecom service, or work related to wildfire hardening.

The introduced version required the department to adopt relocation guidelines and protocols 'by July 1, 2024.' The amended version removes this specific deadline, leaving only a general obligation that the department shall adopt such guidelines without a set date.