SENATE AMENDED
PRIOR PRINTER'S NO. 757
PRINTER'S NO. 2002
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
797
Session of
2023
INTRODUCED BY B. MILLER, CIRESI, SANCHEZ, GREINER, JAMES,
STAMBAUGH, MENTZER, NEILSON, ZIMMERMAN AND GLEIM,
APRIL 3, 2023
SENATOR MARTIN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, SEPTEMBER 19, 2023
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) The department may use nonnative vegetation where the
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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 in accordance with that chapter .
(c) 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.
(e) Nothing in this section shall be construed to require
the department or other agency of the Commonwealth to identify
hay, straw or similar materials as a native species.
(f) As used in this section, the term "plant hardiness zone"
shall mean a zone existing in this Commonwealth as identified in
the most recent edition of the 2012 Plant Hardiness Zone Map
published by the United States Department of Agriculture . IN THE
GEOGRAPHIC-INFORMATION-SYSTEM-BASED EDITION COVERING 1976
THROUGH 2005 WEATHER DATA AND AS IT EXISTED ON THE EFFECTIVE
DATE OF THIS DEFINITION OR A SUBSEQUENT DATE AS MAY BE PROVIDED
BY THE DEPARTMENT OF AGRICULTURE THROUGH REGULATION.
Section 2. This act shall take effect immediately.
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