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

Assembly Member Carrillo’s measure would broaden local oversight of western Joshua tree mitigation by authorizing cities to delegate the permitting of take for commercial and industrial projects, expanding the existing delegation of authority that already covers housing and public works. The proposal also revises the department’s permit framework to enable removal or trimming of any western Joshua tree, and creates conditions under which such actions may occur without fee or mitigation when tied to defensible-space requirements or related public-safety concerns.

Key mechanisms center on a detailed project-by-project process: permittees must submit a census of all western Joshua trees on the site, categorized by height (less than one meter, one to less than five meters, five meters and taller); the permittee must avoid and minimize impacts to the maximum extent practicable; and mitigation measures must be proportionate to the impacts and funded adequately. The bill requires relocation procedures and the development of relocation guidelines, with relocation oversight by a desert native plant specialist. It counts each tree stem or trunk as an individual tree for mitigation purposes. It also broadens delegation to include cities for commercial and industrial projects, subject to conditions such as locally enacted ordinances and ensuring that the permittee satisfies the subdivision’s requirements; project take limits are set at no more than 10 trees for single-family, multifamily, accessory structures, or public works projects, and no more than 40 trees for a public works project, with written department concurrence required to approve more than 20 up to 40 in the public works context. A fee-in-lieu option is available for both residential and public-works scenarios, with a defined fee schedule that differentiates by tree size and location, including higher rates for projects near Joshua Tree National Park or certain state park areas; the department may reduce fees if compensatory habitat mitigation land is acquired instead. The bill also authorizes no-fee/no-mitigation permits if a dead tree or limbs meet specified conditions, or if a tree is within 100 feet of an existing single-family residence and removal or trimming is necessary to meet defensible-space requirements, with timeframes for permit issuance and completion of work.

Implementation and governance provisions set the terms for local administration and department oversight: counties or cities entering into delegated agreements must require permit compliance as a condition of approval, collect and remit permit fees to a designated fund, and submit quarterly reports detailing permit activity, tree take numbers by size class, relocation actions, and other required data. The department retains authority to suspend or revoke an agreement if terms are violated or local protections become insufficient, and requires annual population assessments supported by standardized survey methods and conducted by a desert native plant specialist. The bill requires the department to adopt these survey and assessment methods and to maintain consistent oversight across delegated jurisdictions, with relocation guidelines adopted by date and not impeded by certain general-code procedures. Finally, the measure embeds the bill within the existing statutory framework for the Western Joshua Tree Conservation Act, outlining the policy objective and fiscal considerations (no appropriation required; fiscal committee review required) while anchoring implementation in the department and local agencies.