Western Joshua Tree Conservation Act: fees.

Plain English Breakdown

The bill summary does not specify exact amounts for fees.

Western Joshua Tree Conservation Act: Fees

This law protects western Joshua trees in California by prohibiting their import and export without permission, allowing the Department of Fish and Wildlife to issue permits with conditions for mitigating harm or paying fees instead.

What This Bill Does

• It prohibits anyone from bringing western Joshua trees into California or taking them out of the state without permission.
• The Department of Fish and Wildlife can give permits for moving or using parts of the tree if certain conditions are met, including mitigation measures proportional to any harm done.
• Permit holders can choose to pay fees instead of completing mitigation measures as long as they follow a set fee schedule.
• State agencies can request special rules for projects related to life-sustaining services, which may include project-specific standards and fee reductions or waivers.

Who It Names or Affects

• People who want to move western Joshua trees in or out of California.
• Companies that need permits for projects involving essential services like water or electricity.
• The Department of Fish and Wildlife, responsible for managing permits and fees.

Terms To Know

life-sustaining service

A project or activity providing something necessary for daily life, such as clean water or electricity.

mitigation measures

Steps taken to reduce harm to the environment, like planting new trees when old ones are cut down.

Limits and Unknowns

• The bill does not specify exact amounts for fees.
• It is unclear which specific projects might qualify for special conditions related to life-sustaining services.
• There are no details on the fee schedule or how it will change over time.

Official Summary Text

SB 1062, as amended, Ochoa Bogh.
Western Joshua Tree Conservation Act:
life-sustaining services: project-specific conditions.
fees.
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 specified. The act authorizes the Department of Fish and Wildlife to permit the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree through measures that are roughly proportional in extent to the impact of the authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitigation measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided.
Existing law requires the department to annually adjust the fees, as specified.
This bill would authorize the department to, upon the request from a state or local public agency, establish project-specific conditions for a project related to a life-sustaining service, as defined. The bill would provide that project-specific conditions may include, but are not limited to, the creation of projectwide standards for avoidance, minimization, or mitigation measures, a reduction or waiver of in-lieu mitigation fees, or other compliance flexibility or concession the department deems appropriate to facilitate timely and cost-effective maintenance, operation, or construction of a project.
This bill
would require the department to consider making the fees proportionate to the impact of a project and the use of tiered fees by project type, size, or other criteria.

Current Bill Text

Download Bill PDF