PRINTER'S NO. 3456
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2470
Session of
2024
INTRODUCED BY PIELLI, HILL-EVANS, OTTEN, HOHENSTEIN, GIRAL,
KHAN, SCHLOSSBERG, SANCHEZ, SHUSTERMAN, ROZZI, SCHMITT,
KENYATTA, STEELE, VITALI, HOWARD, SALISBURY, WAXMAN, O'MARA,
PROBST, BOYD, HADDOCK, CONKLIN AND BURGOS, JULY 1, 2024
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JULY 1, 2024
AN ACT
Providing for duties of Commonwealth agencies regarding
insecticide-free native plants and for duties of Department
of Conservation and Natural Resources regarding pollinator
habitats and insecticide-free 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, an independent
agency and a State-affiliated entity. The term includes:
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(i) The Governor's Office.
(ii) The Office of Attorney General, the Department
of the Auditor General and the Treasury Department.
(iii) 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 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
Control and Conservation Committee.
(6) The Joint State Government Commission.
(7) The Legislative Budget and Finance Committee.
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(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
community college, the Pennsylvania Turnpike Commission, the
Pennsylvania Public Utility Commission, the Pennsylvania
Infrastructure Investment Authority, the State Public School
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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
insecticide-free native plants.
(a) Insecticide-free native plants.--When conducting a
Commonwealth project at a Commonwealth facility, a Commonwealth
agency shall have the following duties:
(1) Prioritize, as feasible with respect to schedule and
product supply, the use of insecticide-free native plants
over non-native plants when developing green spaces or during
landscape planting.
(2) Consider the benefits of using insecticide-free
native plants at the Commonwealth project, including habitat
creation, supporting native pollinators, providing food and
shelter to insect and wildlife populations, decreasing soil
erosion and landscape water usage, increasing sediment
control, controlling storm water runoff and decreasing
maintenance needs.
(b) Turfgrass and lawns.--When growing turfgrass or lawns at
a Commonwealth facility, a Commonwealth agency shall consider
the planting of insecticide-free native plants or creating
pollinator meadows on appropriate areas of existing or planned
turfgrass and lawns, particularly unused areas.
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(c) Updates.--A Commonwealth agency that maintains
Commonwealth facility design standards that are specific to the
Commonwealth agency or has landscape and maintenance development
standards on the effective date of this subsection shall update
the standards to reflect prioritizing insecticide-free native
plants.
Section 4. Duties of department regarding pollinator habitats
and insecticide-free native plants.
(a) Pollinator habitats.--The department shall maintain
existing pollinator meadows or pollinator gardens on the
effective date of this subsection or establish new pollinator
meadows or pollinator gardens at resource management centers and
State Park offices where space is available to serve as
pollinator habitat and demonstration areas for the public.
(b) Insecticide-free native plants.--The department shall
have the following duties:
(1) Maintain and distribute to Commonwealth agencies
guidance on the use and maintenance of insecticide-free
native plants in Commonwealth projects.
(2) Draft a native pollinator conservation plan and
revise the plan every five years. The department shall make
the native pollinator conservation plan available to
Commonwealth agencies and the public. The department shall
include the following information in the native pollinator
conservation plan:
(i) The current status of native pollinators.
(ii) The main risks to native pollinators.
(iii) The best practices to mitigate the risks to
native pollinators.
(iv) The current efforts of the department to
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conserve and protect native pollinators and their
habitats.
(3) Promulgate regulations specifying which native
plants are covered under this act.
Section 5. Effective date.
This act shall take effect as follows:
(1) Section 4 shall take effect in 18 months.
(2) The remainder of this act shall take effect
immediately.
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