AB 1089 California Assembly · 2025-2026 Regular Session

Western Joshua Tree Conservation Act: industrial projects and commercial projects: tree removal and trimming.

Summary

(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. 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.

Issues: ✓ Environment

Bill status vetoed 4 of 5 stages cleared

Introduction

Feb 2025

Committee Review

Aug 2025

Assembly Passage

Apr 2025

Senate Passage

Sep 2025

Vetoed

Oct 2025

Introduced Feb 20, 2025 Vetoed Oct 3, 2025

Maddy AI version diff · 4 comparisons

What changed between versions

03/24/25 - Amended Assembly → 07/21/25 - Amended Senate · 8 edits · Jul 21, 2025

MODERATE

The Senate amendment to AB 1089 dropped the Assembly version's amendment to Section 1927.7 (annual conservation status reporting) and instead added a comprehensive new amendment to Section 1927.4 creating a streamlined permit process for removing or trimming western Joshua trees. The new provisions allow property owners to obtain fee-free permits without mitigation for dead trees posing safety hazards (fallen within 30 feet of a structure, leaning on a structure, or imminent threat to public health/safety) and for live trees within 100 feet of a single-family home where removal is necessary to meet defensible space requirements. The bill also changed its fiscal committee designation from 'no' to 'yes,' indicating new fiscal impact.

SCOPE

The Assembly version's amendment to Section 1927.7, which required the Department of Fish and Wildlife to submit an annual report to the Legislature assessing the conservation status of the western Joshua tree, was removed entirely in the Senate version.

New Section 1927.4(b) authorizes the department to delegate permit-issuing authority for tree removal and trimming to any county or city, with quarterly reporting requirements and the department retaining authority to suspend or revoke such agreements.

ELIGIBILITY

New Section 1927.4(a)(2) allows the department to issue permits for removal or trimming of a western Joshua tree without payment of fees or other mitigation if the tree is dead and meets specific safety conditions (fallen within 30 feet of a structure, leaning against a structure, or creates an imminent threat to public health or safety).

New Section 1927.4(a)(2)(B) allows fee-free permits without mitigation for removal or trimming of any western Joshua tree (dead or live) located within 100 feet of an existing single-family home and associated accessory structure, where the action is necessary for the homeowner to meet defensible space requirements under specified state and local laws.

REQUIREMENT

New Section 1927.4(a)(1) requires that all removals and trimming (other than detached dead trees or limbs) be completed by a desert native plant specialist, while property owners may remove detached dead trees or limbs themselves upon receipt of a permit and payment of administrative fees.

TIMELINE

New Section 1927.4(a)(4) establishes processing deadlines: the department must issue or deny most permit requests within 30 days, and requests involving imminent threats to public health or safety within 10 days. Property owners have 60 days (extendable) to complete removal or trimming after a permit is issued.

ENFORCEMENT

New Section 1927.4(a)(5) requires property owners to submit photographs of the site within 30 days of completing removal or trimming, providing a post-action compliance verification mechanism.

FISCAL

The fiscal committee designation changed from 'no' in the Assembly version to 'yes' in the Senate version, indicating the bill now carries a fiscal impact that requires fiscal committee review, likely due to the new permit processing and administrative obligations created by the Section 1927.4 amendment.

02/20/25 - Introduced → 03/24/25 - Amended Assembly · 5 edits · Mar 24, 2025

MODERATE

AB 1089 was substantially expanded from a nonsubstantive reporting amendment to a major policy change that extends local delegation authority for western Joshua tree take permits to commercial and industrial projects in cities. The amendment adds new fee tiers with higher rates for commercial/industrial projects, particularly those near Joshua Tree National Park or state parks, and changes the fiscal committee determination from 'no' to 'yes,' indicating a recognized budgetary impact.

SCOPE

Adds authority for the Department of Fish and Wildlife to enter into agreements with any city (not county) to delegate take authorization for commercial projects and industrial projects, in addition to the existing project types (single-family residences, multifamily residences, accessory structures, and public works projects).

The bill's scope expanded from a single nonsubstantive amendment to Section 1927.7 (annual reporting) to a comprehensive rewrite of Section 1927.3 covering permit conditions, delegation authority, fee structures, and relocation protocols for western Joshua trees.

FISCAL

Adds a new fee schedule in subdivision (e) with higher per-tree rates for projects that do not meet the criteria in subdivision (d): $2,500 per tree 5 meters or greater, $500 per tree 1-5 meters, and $340 per tree under 1 meter. These apply to projects within two miles of Joshua Tree National Park or any state park unit, or projects outside the defined geographic area in subdivision (d)(1)(A).

The fiscal committee determination changed from 'no' to 'yes,' indicating the amendment was found to have a state-mandated local program or fiscal impact that requires legislative approval of the expenditure.

REQUIREMENT

Adds a requirement that before authorizing the take of more than 20 but no more than 40 western Joshua trees for a public works project, the county or city must obtain the department's written concurrence that avoidance and minimization measures were taken to the maximum extent practicable.

Floor votes · Senate Sep 11, 2025 · Assembly Apr 28, 2025

How they voted

40–0

Passed

Total votes 40

Sep 11, 2025

D Democratic30

30 Yea

100% Yea

R Republican10

10 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jan 22, 2026

Vetoed

Consideration of Governor's veto stricken from file.

lower

Oct 3, 2025

Vetoed

Consideration of Governor's veto pending.

lower

Oct 3, 2025

Vetoed

Vetoed by Governor.

lower

Sep 12, 2025

Lower · Passed

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 3386.).

lower

Sep 12, 2025

Introduced

In Assembly. Concurrence in Senate amendments pending.

lower

Sep 11, 2025

Upper · Passed

Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2921.).

upper

Aug 29, 2025

Upper · Passed

From committee: Do pass. (Ayes 7. Noes 0.) (August 29).

upper

Aug 18, 2025

Committee

In committee: Referred to suspense file.

upper

Jul 21, 2025

Upper · Passed

Read second time and amended. Re-referred to Com. on APPR.

upper

Jul 21, 2025

Introduced

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 16).

upper

May 7, 2025

Committee

Referred to Com. on N.R. & W.

upper

Apr 28, 2025

Lower · Passed

Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 1319.)

lower

Apr 23, 2025

Lower · Passed

From committee: Do pass. (Ayes 15. Noes 0.) (April 23).

lower

Apr 9, 2025

Lower · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 8). Re-referred to Com. on APPR.

lower

Mar 25, 2025

Committee

Re-referred to Com. on W. P., & W.

lower

Mar 24, 2025

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on W. P., & W. Read second time and amended.

lower

Mar 24, 2025

Committee

Referred to Com. on W. P., & W.

lower

Feb 21, 2025

Lower · Passed

From printer. May be heard in committee March 23.

lower

1 primary · 0 co-sponsors