PRIOR PRINTER'S NO. 432
PRINTER'S NO. 1116
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, EVERETT AND KORTZ,
FEBRUARY 11, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 26, 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
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Plant and Noxious Weed Committee under 3 Pa.C.S. ยง 1511
(relating to designation of noxious weeds and controlled
plants), the 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) , UNLESS
PLANTED AND CULTIVATED PURSUANT TO THE PROVISIONS OF THAT
CHAPTER .
(c) In consultation with the Controlled Plant and Noxious
Weed Committee, the 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) THE DEPARTMENT MAY USE HAY, STRAW OR SIMILAR MATERIALS
FOR EROSION CONTROL OR OTHER PURPOSES AT THE DISCRETION OF THE
DEPARTMENT. NOTHING IN THIS SECTION SHALL REQUIRE THE DEPARTMENT
OR ANY OTHER AGENCY OF THE COMMONWEALTH TO IDENTIFY HAY, STRAW
OR SIMILAR MATERIALS AS A NATIVE SPECIES.
(d) (E) 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.
20190HB0447PN1116 - 2 -
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