PRINTER'S NO. 432
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
447
Session of
2019
INTRODUCED BY B. MILLER, MURT, ZIMMERMAN, JAMES, ULLMAN,
MENTZER, MARKOSEK, PASHINSKI, FREEMAN, HILL-EVANS, RADER,
KAUFER, CIRESI, HERSHEY, FEE AND EVERETT, FEBRUARY 11, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 11, 2019
AN ACT
Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
"An act relating to roads, streets, highways and bridges;
amending, revising, consolidating and changing the laws
administered by the Secretary of Highways and by the
Department of Highways relating thereto," in construction,
improvement, maintenance and repair of State highways,
providing for native vegetation along highways.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 1, 1945 (P.L.1242, No.428), known
as the State Highway Law, is amended by adding a section to
read:
Section 410.1. Native Vegetation Along Highways.-- (a) When
planting vegetation along State highways, the department shall
plant vegetation identified under subsection (c) as being native
to this Commonwealth and that will thrive in the plant hardiness
zone and under the environmental conditions of the highway
right-of-way .
(b) Upon coordination by the department with the Controlled
Plant and Noxious Weed Committee under 3 Pa.C.S. ยง 1511
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(relating to designation of noxious weeds and controlled
plants), the department may authorize the use of nonnative
vegetation where the use of native vegetation is not feasible,
provided that the nonnative vegetation is not:
(1) a federally listed invasive plant identified by the
United States Department of Agriculture National Invasive
Species Information Center; or
(2) a noxious weed or controlled plant under 3 Pa.C.S. Ch.
15 (relating to controlled plants and noxious weeds).
(c) In consultation with the Controlled Plant and Noxious
Weed Committee, the department shall identify, for each plant
hardiness zone and environmental conditions found on highway
rights-of-way , a list of the particular species of vegetation
that are native to this Commonwealth and that thrive in each
plant hardiness zone in which the vegetation is being planted.
(d) As used in this section, the term "plant hardiness zone"
shall mean a zone identified as existing in this Commonwealth
pursuant to the most recent edition of the Plant Hardiness Zone
Map published by the United States Department of Agriculture.
Section 2. This act shall take effect immediately.
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