CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 1094 PRINTER'S NO. 1162
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1007
Session of
2025
INTRODUCED BY STAMBAUGH, STENDER, GILLEN AND ZIMMERMAN,
MARCH 24, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 24, 2025
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, in fiscal affairs, establishing the Deterrent
3 Fencing Cost-Share Program and the Deterrent Fencing Cost-
4 Share Program Fund; and imposing duties on the Department of
5 Agriculture.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Chapter 5 of Title 34 of the Pennsylvania
9 Consolidated Statutes is amended by adding a subchapter to read:
10 SUBCHAPTER F
11 DETERRENT FENCING COST-SHARE PROGRAM
12 Sec.
13 571. Definitions.
14 572. Deterrent Fencing Cost-Share Program.
15 573. Deterrent Fencing Cost-Share Program Fund.
16 574. Deterrent fencing.
17 575. Eligibility.
18 576. Application.
 1 577. Disbursement and construction.
2 578. Unlawful acts.
3 579. Review.
4 § 571. Definitions.
5 The following words and phrases when used in this subchapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Crop." As defined in 3 Pa.C.S. § 10502 (relating to
9 definitions).
10 "Department." The Department of Agriculture of the
11 Commonwealth.
12 "Eligible landowner." A person who owns or leases eligible
13 property, meets the criteria under section 575 (relating to
14 eligibility) and who has experienced verifiable crop damage.
15 "Fund." The Deterrent Fencing Cost-Share Program Fund
16 established under section 573 (relating to Deterrent Fencing
17 Cost-Share Program Fund).
18 "Normal agricultural operation." As defined under section 2
19 of the act of June 10, 1982 (P.L.454, No.133), referred to as
20 the Right-to-Farm Law.
21 "Program." The Deterrent Fencing Cost-Share Program
22 established under section 572 (relating to Deterrent Fencing
23 Cost-Share Program).
24 "Verifiable crop damage." Crop damage caused by wildlife as
25 certified by the department under section 572(c)(1).
26 § 572. Deterrent Fencing Cost-Share Program.
27 (a) Establishment.--The Deterrent Fencing Cost-Share Program
28 is established. The purpose of the program is to provide
29 deterrent fencing for eligible landowners to mitigate verifiable
30 crop damage, thereby supporting agricultural productivity in
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 1 this Commonwealth.
2 (b) Cost-sharing requirement.--The cost of constructing
3 deterrent fencing under the program shall be shared equally by
4 the commission and the eligible landowner.
5 (c) Administration.--The program shall be administered by
6 the department, which shall:
7 (1) Certify crop damage caused by wildlife, based on
8 criteria requiring:
9 (i) Documentation of at least 10% crop loss
10 attributable to wildlife damage within the location to be
11 fenced.
12 (ii) Physical evidence of the type of animal causing
13 the crop damage, verified through photographs, tracks or
14 other material proof.
15 (iii) An in-person assessment conducted by
16 department personnel or a third party contracted by the
17 department to validate the crop damage and the presence
18 of wildlife responsible for the crop damage.
19 (2) Ensure adherence to construction specifications
20 under section 574 (relating to deterrent fencing).
21 (3) Review and certify eligible landowner deterrent
22 fencing under section 577(d) (relating to disbursement and
23 construction).
24 § 573. Deterrent Fencing Cost-Share Program Fund.
25 (a) Establishment.--The Deterrent Fencing Cost-Share Program
26 Fund is established within the State Treasury. The commission
27 shall administer the fund for the purposes of this subchapter.
28 Money in the fund shall be used for cost sharing under this
29 subchapter.
30 (b) Sources.--The fund shall consist of:
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 1 (1) Money transferred or appropriated to the fund for
2 the program.
3 (2) Money recovered under section 577(e) (relating to
4 disbursement and construction).
5 (c) Appropriations.--Money in the fund is appropriated on a
6 continuing basis to the commission for the purposes of this
7 subchapter. The State Treasurer shall credit all interest and
8 income derived from the deposit and investment of money in the
9 fund to the fund. Unexpended and unencumbered money remaining in
10 the fund at the end of a fiscal year shall not lapse, but the
11 State Treasurer shall transfer any money remaining in the fund
12 at the end of the 2035-2036 fiscal year and each fiscal year
13 thereafter to the Game Fund.
14 (d) Costs.--The department may use up to 1% of the money in
15 the fund to cover the costs that the department incurs in
16 administering the program.
17 (e) Allocation.--Funding for the program shall be allocated
18 by the commission from the Game Fund yearly in a lump sum
19 allocation of $4,000,000 for the first year and then in lump sum
20 allocations of $2,000,000 and made available to eligible
21 landowners until July 1, 2036.
22 § 574. Deterrent fencing.
23 (a) Specifications.--The commission shall promulgate
24 regulations establishing specifications for deterrent fencing
25 construction. The specifications shall consider:
26 (1) The type of wildlife targeted.
27 (2) The height and necessary materials.
28 (3) Topographical considerations.
29 (4) Geographic location.
30 (b) Projected materials cost metrics.--The commission shall
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 1 promulgate regulations for cost metrics for the construction of
2 deterrent fencing, based on projected material costs required to
3 meet the specifications of subsection (a).
4 (c) Projected labor cost metrics.--The commission shall
5 promulgate regulations for cost metrics for the labor utilized
6 in the construction of deterrent fencing.
7 (d) Annual review and update.--The commission shall review
8 and, if necessary, update the specifications and cost metrics
9 under this section on an annual basis to reflect changes in
10 material costs, construction standards or other relevant
11 factors, based on the Consumer Price Index for All Urban
12 Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and
13 Maryland area for the most recent 12-month period for which
14 figures have been officially reported by the United States
15 Department of Labor, Bureau of Labor Statistics.
16 § 575. Eligibility.
17 (a) Property.--Eligible properties for cost-share assistance
18 must:
19 (1) qualify as a normal agricultural operation; and
20 (2) meet criteria under section 572(c)(1) (relating to
21 Deterrent Fencing Cost-Share Program).
22 (b) Public hunting.--An eligible landowner shall not be
23 required to permit public hunting on their property to qualify
24 for eligibility under the program.
25 (c) Previous depredation efforts.--An eligible landowner
26 must utilize an agricultural depredation program permitted under
27 Subchapter B of Chapter 21 (relating to destruction for
28 agricultural protection) for at least two consecutive years
29 immediately prior to the date of application.
30 (d) Lessees.--A person who leases eligible property meeting
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 1 the criteria under subsection (a) shall require notarized
2 written permission from the owner of the property to construct
3 deterrent fencing in each location noted in the application
4 under section 576(b)(2) (relating to application) at least 365
5 days prior to the date of application.
6 § 576. Application.
7 (a) Process.--An eligible landowner seeking cost-share
8 assistance for deterrent fencing under this subchapter must
9 submit an application to the department in a form and manner
10 prescribed by the department. A copy of the application shall be
11 provided by the department to the commission in a manner
12 prescribed by the commission within five days of receipt by the
13 department.
14 (b) Requirements.--The application under subsection (a)
15 shall include:
16 (1) Documentation demonstrating that the applicant meets
17 the eligibility requirements under section 575 (relating to
18 eligibility).
19 (2) A description of the proposed deterrent fencing
20 project, including details on the type of wildlife to be
21 deterred, estimated length and location of the fencing and an
22 outline of fencing materials to be used consistent with the
23 commission's regulations promulgated under section 574
24 (relating to deterrent fencing).
25 (3) An estimate of the total deterrent fencing project
26 costs based on material costs as determined by the
27 commission's cost metrics under section 574(b).
28 (4) If the application is submitted by a lessee,
29 notarized written permission required under section 575(d).
30 (c) Review and approval.--The department shall review each
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 1 application to determine eligibility and completeness and shall
2 approve or deny the application within 60 days of receipt. If
3 approved, the department shall notify the applicant of the
4 approved funding amount and the conditions under which the
5 approved funding may be utilized.
6 (d) Compliance.--Each approved project shall comply with
7 fencing construction specifications under section 574, and the
8 disbursement of funding shall be conditioned upon the
9 applicant's agreement to meet the specifications.
10 (e) Denial.--If an application is denied, the department
11 shall provide written notice to the applicant stating the
12 reasons for denial. The eligible landowner may not reapply until
13 at least 60 days have elapsed after the denial.
14 § 577. Disbursement and construction.
15 (a) Disbursement.--
16 (1) Upon approval of an application for cost-share
17 assistance under section 576(c) (relating to application),
18 the commission shall disburse 50% of the approved total
19 project cost directly to the eligible landowner, upon written
20 request of the eligible landowner for the money. The written
21 request must be made within three months of the project
22 approval by the department.
23 (2) If the total material or labor costs for an approved
24 project exceed the initial estimates provided by the
25 commission, the eligible landowner may submit a request for
26 additional funding within three months of receipt of the
27 initial disbursement. The request shall include documentation
28 of actual costs incurred and justification for the additional
29 expenses. The commission may, at its discretion, grant or
30 deny the request for additional funding.
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 1 (b) Construction time.--The eligible landowner shall
2 complete the construction of the approved deterrent fencing
3 project within nine months of receiving the money.
4 (c) Construction method.--The eligible landowner may:
5 (1) construct the deterrent fencing in accordance with
6 the construction specifications under section 574 (relating
7 to deterrent fencing); or
8 (2) contract with a third party to construct the
9 deterrent fencing if the third party complies with the
10 construction specifications under section 574.
11 (d) Final review and certification.--
12 (1) Upon notification by the eligible landowner of
13 project completion, the department shall conduct an in-person
14 review within 30 days to verify that the fencing was
15 constructed in accordance with requirements under this
16 subchapter and the approved application.
17 (2) If the project meets or exceeds the requirements
18 specified in the approved application, and follows the
19 construction specifications under section 574, the department
20 shall issue a certification of compliance to the eligible
21 landowner.
22 (3) If the project does not meet the requirements under
23 this subchapter, the department shall notify the eligible
24 landowner of deficiencies within five days of review. The
25 eligible landowner shall have 30 days following receipt of
26 this notice to address the deficiencies. Upon written request
27 of the landowner, the department shall conduct a final in-
28 person review.
29 (e) Noncompletion.--
30 (1) If the eligible landowner fails to complete the
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 1 fencing project within the required time frame or if the
2 project fails final inspection after the opportunity for
3 correction, the commission shall issue a demand for repayment
4 of the disbursement provided under this subchapter within 60
5 days.
6 (2) Money recovered from the eligible landowner due to
7 noncompletion or noncompliance shall be returned to the fund
8 for future allocation under the program.
9 (3) The commission may take legal action to recover
10 unreturned money if repayment is not received within the 60-
11 day period following a demand for repayment. Any money not
12 repaid within the 60-day period may accrue interest at the
13 legal rate until repaid in full.
14 (f) Extension.--
15 (1) An eligible landowner may request from the
16 department an extension to the time frame for construction.
17 (2) The commission may grant further extension.
18 § 578. Unlawful acts.
19 (a) Tampering and misuse.--It shall be unlawful for any
20 eligible landowner to:
21 (1) Damage, dismantle or interfere with deterrent
22 fencing constructed under this program without prior approval
23 of the director, within 10 years of the date of certification
24 of compliance.
25 (2) Use program money for any purpose other than as
26 intended under this subchapter.
27 (3) Make a fraudulent or false claim or statement on an
28 application required under this subchapter or violate any
29 provision of this subchapter.
30 (b) Penalties and discretionary repayment.--
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 1 (1) At the discretion of the commission, an eligible
2 landowner found to have committed an unlawful act under
3 subsection (a) may be required to repay, in full, all money
4 received under the program.
5 (2) In addition to any discretionary repayment, an
6 individual who violates subsection (a) may be subject to
7 fines and other penalties under section 547 (relating to
8 unlawful acts) or as otherwise provided by law.
9 (3) The commission may, at its discretion, disqualify an
10 individual found to have violated this subchapter from future
11 participation in the program.
12 (4) The department may disqualify an individual who
13 submits more than two applications which have been denied
14 within a five-year period.
15 § 579. Review.
16 (a) Appeal.--An eligible landowner may appeal to the
17 commission the department's decision regarding any of the
18 following:
19 (1) Certification of crop damage by wildlife.
20 (2) Eligibility determination for cost-share assistance.
21 (3) Fence construction specifications.
22 (4) Fence construction predetermined cost.
23 (5) Review conducted under section 577(d) (relating to
24 disbursement and construction).
25 (b) Review.--Requests for review shall be conducted under
26 Subchapter E (relating to review procedures). A request for
27 review must be submitted within 30 days of receiving the
28 department's decision.
29 Section 2. This act shall take effect in 180 days.
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Statutes/Laws affected:
Printer's No. 1094:
Printer's No. 1162: