Pennsylvania HB 2034: An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for mushroom farming; imposing duties on the Department of Agriculture; and establishing the Mushroom Farming and Composting Fund.

Bill Text

PRINTER'S NO. 2591
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2034
Session of
2025
INTRODUCED BY SAPPEY, SANCHEZ, GUENST, HILL-EVANS, HOWARD,
PIELLI, SHUSTERMAN, FRIEL, OTTEN, HADDOCK AND PASHINSKI,
NOVEMBER 13, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
NOVEMBER 13, 2025
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for mushroom farming; imposing duties on
the Department of Agriculture; and establishing the Mushroom
Farming and Composting Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 12
MUSHROOM FARMING
Sec.
1201. Definitions.
1202. Best management practices.
1203. Mitigation plans.
1204. General inspections.
1205. Mushroom Farming and Composting Fund.
§ 1201. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Fund." The Mushroom Farming and Composting Fund established
under section 1205 (relating to Mushroom Farming and Composting
Fund).
"Mushroom composting operation." Any farm or business that
produces compost from the spent mushroom substrate used to grow
mushrooms.
"Mushroom farm." A normal agricultural operation where the
main crop being produced, grown, harvested, transported or
exported are mushrooms.
"Normal agricultural operation." As defined under section 2
of the act of June 10, 1982 (P.L.454, No.133), entitled "An act
protecting agricultural operations from nuisance suits and
ordinances under certain circumstances."
"Operation." Either a mushroom composting operation or a
normal agricultural operation.
§ 1202. Best management practices.
(a) Duties of the department.--The department shall, in
collaboration with the Department of Environmental Protection,
develop best management practices for mushroom farms and
mushroom composting operations. These practices shall include,
but are not limited to, measures providing for the mitigation
of:
(1) mushroom phorid flies on the farm or composting
operation; and
(2) hydrogen sulfide produced by mushroom farms or
mushroom composting operations.
(b) Notification.--Within 90 days following the effective
date of this subsection, the department shall promulgate the
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best management practices and post them on the department's
publicly accessible Internet website. The department shall
notify operations required to develop a mitigation plan under
section 1203 (relating to mitigation plans) by first class mail
to each operation's registered mailing address.
§ 1203. Mitigation plans.
(a) Requirement.--All existing and new mushroom farms and
mushroom composting operations shall develop and implement
mitigation plans that utilize the best management practices for
the mitigation of:
(1) phorid flies on the farm or composting operation;
and
(2) hydrogen sulfide.
(b) Review and approval.--The plan implemented under
subsection (a), or any plan amendment, shall be submitted to the
department for review and approval. Within 90 days of receipt of
a mitigation plan or plan amendment, the department shall
approve or disapprove the plan or plan amendment. The following
shall apply:
(1) Approvals shall only be granted for those plans or
plan amendments that satisfy the requirements of the
regulations promulgated under this chapter.
(2) Notice of determination to approve or disapprove a
plan or plan amendment shall be provided in writing to the
person submitting the plan or plan amendment.
(3) Notice of a determination to disapprove shall
include an explanation specifically stating the reasons for
disapproval.
(4) If a plan or plan amendment is disapproved, the
person submitting the plan or plan amendment shall have 60
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days after receipt of notice of disapproval to resubmit a
revised plan or plan amendment.
(5) An existing or new mushroom farm or mushroom
composting operation that submits a complete plan or plan
amendment is authorized to implement the plan or plan
amendment if the department fails to act within 90 days of
submittal.
(c) Implementation.--A person required to have a mitigation
plan under this section shall fully implement the plan prior to
commencing use of the new mushroom farm or mushroom composting
operation.
(d) Transferability of plans.--A plan approved under this
section shall be transferable to a subsequent owner of a
mushroom farm or mushroom composting operation upon notification
of the transfer to the department unless the transfer results in
operational changes requiring plan modification pursuant to the
criteria established in this section.
(e) Fines.--If a