Pennsylvania HB 426: An Act providing for duties of Commonwealth agencies regarding native plants and for duties of Department of Conservation and Natural Resources regarding pollinator habitats and native plants.

Bill Text

PRIOR PRINTER'S NO. 401 PRINTER'S NO. 3652
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 426
Session of
2025
INTRODUCED BY PIELLI, SANCHEZ, GIRAL, WEBSTER, HILL-EVANS,
VITALI, CIRESI, HOHENSTEIN, FREEMAN, SAMUELSON, OTTEN,
ISAACSON, GREEN, SCHLOSSBERG, MADDEN, BRENNAN, HOWARD,
KENYATTA, PROBST, STEELE, RABB, CONKLIN, SALISBURY, McNEILL,
KINKEAD AND TAKAC, JANUARY 31, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 22, 2026
AN ACT
Providing for duties of Commonwealth agencies regarding native
plants and for duties of Department of Conservation and
Natural Resources regarding pollinator habitats and native
plants.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Native
Habitats at Commonwealth Facilities Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." Any of the following:
(1) Any office, department, authority, board, multistate
agency or commission of the executive branch, independent
agency or State-affiliated entity. The term includes:
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(i) The Governor's Office.
(ii) The Office of Attorney General.
(iii) The Department of the Auditor General.
(iv) The Treasury Department.
(v) An organization established by the Constitution
of Pennsylvania, a statute or an executive order which
performs or is intended to perform an essential
governmental function.
(2) The term does not include a judicial or legislative
agency.
"COMMONWEALTH AGENCY." AN EXECUTIVE AGENCY, INDEPENDENT
AGENCY OR STATE-AFFILIATED ENTITY.
"Commonwealth project." A construction or maintenance
activity that is conducted by a Commonwealth agency or at a
Commonwealth facility that involves landscape planting
improvements.
"Department." The Department of Conservation and Natural
Resources of the Commonwealth.
"Independent agency." Any board, commission or other agency
or officer of the Commonwealth that is not subject to the policy
supervision and control of the Governor. The term does not
include a legislative or judicial agency.
"Judicial agency." A court of the Commonwealth or any other
entity or office of the unified judicial system.
"Legislative agency." Any of the following:
(1) The Senate.
(2) The House of Representatives.
(3) The Capitol Preservation Committee.
(4) The Center for Rural Pennsylvania.
(5) The Joint Legislative Air and Water Pollution
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Control and Conservation Committee.
(6) The Joint State Government Commission.
(7) The Legislative Budget and Finance Committee.
(8) The Legislative Data Processing Committee.
(9) The Independent Regulatory Review Commission.
(10) The Legislative Reference Bureau.
(11) The Local Government Commission.
(12) The Pennsylvania Commission on Sentencing.
(13) The Legislative Reapportionment Commission.
(14) The Legislative Office for Research Liaison.
(15) The Legislative Audit Advisory Commission.
"Pollinator meadow." An area of native vegetation consisting
of more than 50% native wildflowers that meets all of the
following requirements:
(1) The vegetation has the floral resources present
throughout the growing season and host plants for the larvae
of monarch butterflies and other native pollinators to
provide for the entire life cycle of monarch butterflies and
other native pollinators.
(2) The vegetation was established from seed mixes
comprised of at least 0.5% native milkweed seed.
(3) The vegetation is protected from insecticide
exposure.
"State-affiliated entity." A Commonwealth authority or
Commonwealth entity. The term includes the Pennsylvania Higher
Education Assistance Agency and any entity established thereby,
the Pennsylvania Gaming Control Board, the Pennsylvania Game
Commission, the Pennsylvania Fish and Boat Commission, the
Pennsylvania Housing Finance Agency, the Pennsylvania Municipal
Retirement Board, the State System of Higher Education, a
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community college, the Pennsylvania Turnpike Commission, the
Pennsylvania Public Utility Commission, the Pennsylvania
Infrastructure Investment Authority, the State Public School
Building Authority, the Pennsylvania Interscholastic Athletic
Association and the Pennsylvania Higher Educational Facilities
Authority. The term does not include a State-related
institution.
"State-related institution." Any of the following:
(1) Temple University.
(2) The University of Pittsburgh.
(3) The Pennsylvania State University.
(4) Lincoln University.
Section 3. Duties of Commonwealth agencies regarding native
plants.
(a) Native plants.--A Commonwealth agency shall have the
following duties when conducting a C