Western Joshua Tree Conservation Act: industrial projects and commercial projects: single-family residences: public works projects.

New subdivision (g) of Section 1927.3 creates a reduced-fee option: owner-occupants of single-family residences may pay $250 per large tree, $50 per medium tree, or $37.50 per small tree to remove up to 10 trees near their home; public works proponents may pay the same rates to remove up to 40 trees within a project footprint. This is significantly cheaper than the standard mitigation fees of $1,000/$200/$150 or $2,500/$500/$340.

Section 1927.3.5 now allows counties and cities operating under delegation agreements to issue limited-take permits (up to 10 trees for single-family homes, up to 40 for public works), not just the state department. Local agencies may also charge a reasonable administrative fee.

The CEQA exemption for limited-take permits now covers permits issued by the department, a county, or a city (previously only the department), broadening which agencies can issue exempted permits for single-family residence projects.

The deadline for the department to adopt regulations adjusting western Joshua tree take fees is delayed from December 31, 2026 to June 30, 2027.

An urgency clause (Section 4) declares the bill an urgency statute that takes effect immediately upon passage, citing the need to make tree removal costs more manageable for homeowners and to allow local agencies to proceed with critical infrastructure projects.

In the new subdivision (g), eligibility is defined as an 'owner-occupant of an existing single-family residence' rather than the more restrictive language requiring a homeowner's property tax exemption under Section 218 of the Revenue and Taxation Code, potentially broadening who qualifies for the reduced fee option.

The vote requirement changes from 'majority' to 'majority 2/3,' indicating the bill now requires a two-thirds Senate vote to pass, likely due to the urgency clause or other constitutional requirements.

Section 1927.8 is now amended to require the department to use 'total cost accounting' when determining fee adequacy, including costs for land acquisition, conservation easements, monitoring, restoration, transaction costs, and endowments for land management or easement stewardship.

The bill was reformatted from a printed legislative document style (with page numbers like '93', line numbers, and multi-column layout) to a web page presentation with navigation menus, search functionality, version history, and a digest key section.

Web interface elements were added including navigation links (Home, Accessibility, FAQ, Sitemap, Login), a quick search tool, bill tracking features, and a published date timestamp (08/19/2026 09:00 PM).

Printed document formatting elements were removed including page numbers, line-by-line numbering, column layout markers, and the 'O' seal at the bottom of the document.

The no-fee removal permit for up to 10 western Joshua trees near a single-family residence is now limited to owners who occupy the residence and maintain a homeowner's property tax exemption under Section 218 of the Revenue and Taxation Code. This excludes investors, landlords, and vacant properties from qualifying.

A new requirement was added stating that any property owner or public works project proponent seeking a permit under Section 1927.3.5 must avoid and minimize impacts to, and the taking of, western Joshua trees to the maximum extent practicable.

The CEQA exemption for single-family residence permits now has a hard sunset date of January 1, 2032, whichever occurs first (certification of the programmatic EIR or that date). Previously the exemption had no end date and would remain in effect until the department certified the programmatic environmental impact report.

The 10-tree limit under delegated local authority (Section 1927.3(c)(3)(C)) now applies only to single-family residences, multifamily residences, and accessory structures. Commercial and industrial projects are moved to the 40-tree threshold, matching public works projects. This allows up to 4 times more trees to be taken for commercial and industrial developments under local permits.

Section 1927.3.5(a)(1) adds a cap of no more than 10 western Joshua trees that may be removed (without fees or mitigation) by an owner of an existing single-family residence. Trimming remains uncapped. Previously there was no numerical limit on removals under this exemption.

Section 1927.3(d)(1)(B) now limits eligibility for the lower fee-in-lieu schedule ($1,000/$200/$150 per tree by size) to single-family residences, multifamily residences, accessory structures, and public works projects only. Commercial and industrial projects that receive delegated local permits no longer qualify for this lower rate and must instead pay the higher fees under subdivision (e) ($2,500/$500/$340).

Section 1927.3.5(a)(2) adds a cap of no more than 40 western Joshua trees that may be removed (without fees or mitigation) for public works projects, and narrows the scope to projects 'to repair, rehabilitate, replace, or maintain an existing structure' rather than any public works project.

Section 1927.3.5(a) now states 'Notwithstanding Section 1927.3, Sections 1927.3 and 1927.4,' extending the override to also exempt from Section 1927.4, which likely contains additional conservation requirements or restrictions.

The requirement for department written concurrence before authorizing take of more than 20 but no more than 40 trees (Section 1927.3(c)(3)(C)) now applies to commercial and industrial projects in addition to public works projects, adding a state-level check on larger commercial/industrial takes.

Throughout the bill, 'developer of a public works project' is replaced with 'proponent of a public works project,' broadening who qualifies under the no-mitigation permit exemption beyond just developers to any project proponent.

Section 1927.3.5 now authorizes 'removal or trimming' instead of just 'removal' of western Joshua trees without fees or mitigation for single-family residence owners and public works project developers, broadening the types of tree impacts that can proceed without mitigation.

Subdivision (c) of Section 1927.3 is restructured: paragraph (1) now limits delegation to counties only (for residential and public works projects), while paragraph (2) limits delegation to cities only (for all project types including commercial and industrial). Previously, both counties and cities could delegate for residential/public works under paragraph (1).

The CEQA exemption in Section 1927.3.5(d) is narrowed from applying to all permits issued under that section to applying only to permits under paragraph (1) of subdivision (a), meaning public works project permits under paragraph (2) would no longer be exempt from CEQA review.

The CEQA exemption for permits allowing removal or trimming of western Joshua trees near single-family residences is now conditional and time-limited. It applies only until the department certifies a programmatic environmental impact report addressing limited take from single-family residences and accessory structures, AND there is a final unappealable judgment in any litigation challenging that report. Previously the exemption was permanent.

Removed redundant reference to Section 1927.3 in the introductory language of new Section 1927.3.5(a), changing 'Notwithstanding Section 1927.3, Sections 1927.3 and 1927.4' to 'Notwithstanding Sections 1927.3 and 1927.4.'

Cleaned up garbled amendment markup throughout the bill (e.g., 'of a if the western Joshua tree that is trees are' corrected to 'if the western Joshua trees are'; 'a developer the proponent of a public works project of a' corrected to 'the proponent of a public works project').

Simplified the criteria reference in subdivision (d) from 'meets the criteria set forth in paragraph (1) of either subparagraph (A) or (B) of paragraph (1)' to 'meets the criteria of either subparagraph (A) or (B) of paragraph (1).'