SB 1062

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. 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.