Pennsylvania HB 1007: An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in fiscal affairs, establishing the Deterrent Fencing Cost-Share Program and the Deterrent Fencing Cost-Share Program Fund; and imposing duties on the Department of Agriculture.

Bill Text

CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 1094 PRINTER'S NO. 1162
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1007
Session of
2025
INTRODUCED BY STAMBAUGH, STENDER, GILLEN AND ZIMMERMAN,
MARCH 24, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 24, 2025
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in fiscal affairs, establishing the Deterrent
Fencing Cost-Share Program and the Deterrent Fencing Cost-
Share Program Fund; and imposing duties on the Department of
Agriculture.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 5 of Title 34 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER F
DETERRENT FENCING COST-SHARE PROGRAM
Sec.
571. Definitions.
572. Deterrent Fencing Cost-Share Program.
573. Deterrent Fencing Cost-Share Program Fund.
574. Deterrent fencing.
575. Eligibility.
576. Application.
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577. Disbursement and construction.
578. Unlawful acts.
579. Review.
§ 571. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Crop." As defined in 3 Pa.C.S. § 10502 (relating to
definitions).
"Department." The Department of Agriculture of the
Commonwealth.
"Eligible landowner." A person who owns or leases eligible
property, meets the criteria under section 575 (relating to
eligibility) and who has experienced verifiable crop damage.
"Fund." The Deterrent Fencing Cost-Share Program Fund
established under section 573 (relating to Deterrent Fencing
Cost-Share Program Fund).
"Normal agricultural operation." As defined under section 2
of the act of June 10, 1982 (P.L.454, No.133), referred to as
the Right-to-Farm Law.
"Program." The Deterrent Fencing Cost-Share Program
established under section 572 (relating to Deterrent Fencing
Cost-Share Program).
"Verifiable crop damage." Crop damage caused by wildlife as
certified by the department under section 572(c)(1).
§ 572. Deterrent Fencing Cost-Share Program.
(a) Establishment.--The Deterrent Fencing Cost-Share Program
is established. The purpose of the program is to provide
deterrent fencing for eligible landowners to mitigate verifiable
crop damage, thereby supporting agricultural productivity in
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this Commonwealth.
(b) Cost-sharing requirement.--The cost of constructing
deterrent fencing under the program shall be shared equally by
the commission and the eligible landowner.
(c) Administration.--The program shall be administered by
the department, which shall:
(1) Certify crop damage caused by wildlife, based on
criteria requiring:
(i) Documentation of at least 10% crop loss
attributable to wildlife damage within the location to be
fenced.
(ii) Physical evidence of the type of animal causing
the crop damage, verified through photographs, tracks or
other material proof.
(iii) An in-person assessment conducted by
department personnel or a third party contracted by the
department to validate the crop damage and the presence
of wildlife responsible for the crop damage.
(2) Ensure adherence to construction specifications
under section 574 (relating to deterrent fencing).
(3) Review and certify eligible landowner deterrent
fencing under section 577(d) (relating to d isbursement and
construction ).
§ 573. Deterrent Fencing Cost-Share Program Fund.
(a) Establishment.--The Deterrent Fencing Cost-Share Program
Fund is established within the State Treasury. The commission
shall administer the fund for the purposes of this subchapter.
Money in the fund shall be used for cost sharing under this
subchapter.
(b) Sources.--The fund shall consist of:
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(1) Money transferred or appropriated to the fund for
the program.
(2) Money recovered under section 577(e) (relating to
disbursement and construction).
(c) Appropriations.--Money in the fund is appropriated on a
continuing basis to the commission for the purposes of this
subchapter. The State Treasurer shall credit all interest and
income derived from the deposit and investment of money in the
fund to the fund. Unexpended and unencumbered money remaining in
the fund at the end of a fiscal year shall not lapse, but the
State Treasurer shall transfer any money remaining in the fund
at the end of the 2035-2036 fiscal year and each fiscal year
thereafter to the Game Fund.
(d) Costs.--The department may use up to 1% of the money in
the fund to cover the costs that the department incurs in
administering the program.
(e) Allocation.--Funding for the program shall be allocated
by the commission from the Game Fund yearly in a lump sum
allocation of $4,000,000 for the first year and then in lump sum
allocations of $2,000,000 and