HB 1007 — An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in fiscal affairs, establishing the Deterrent Fencing Cost-Share Program and the Deterrent Fencing Cost-Share Program Fund; and imposing duties on the Department of Agriculture.

PRINTER'S NO.   1094

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1007
                                                 Session of
                                                   2025

     INTRODUCED BY STAMBAUGH, COOK, GUENST, ZIMMERMAN AND RADER,
        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.
19   577.   Disbursement and construction.
 1   578.   Unlawful acts.
 2   579.   Review.
 3   § 571.   Definitions.
 4      The following words and phrases when used in this subchapter
 5   shall have the meanings given to them in this section unless the
 6   context clearly indicates otherwise:
 7      "Crop."   As defined in 3 Pa.C.S. § 10502 (relating to
 8   definitions).
 9      "Department."     The Department of Agriculture of the
10   Commonwealth.
11      "Eligible landowner."     A person who owns or leases eligible
12   property, meets the criteria under section 575 (relating to
13   eligibility) and who has experienced verifiable crop damage.
14      "Fund."   The Deterrent Fencing Cost-Share Program Fund
15   established under section 573 (relating to Deterrent Fencing
16   Cost-Share Program Fund).
17      "Normal agricultural operation."     As defined under section 2
18   of the act of June 10, 1982 (P.L.454, No.133), referred to as
19   the Right-to-Farm Law.
20      "Program."    The Deterrent Fencing Cost-Share Program
21   established under section 572 (relating to Deterrent Fencing
22   Cost-Share Program).
23      "Verifiable crop damage."     Crop damage caused by wildlife as
24   certified by the department under section 572(c)(1).
25   § 572.   Deterrent Fencing Cost-Share Program.
26      (a)   Establishment.--The Deterrent Fencing Cost-Share Program
27   is established. The purpose of the program is to provide
28   deterrent fencing for eligible landowners to mitigate verifiable
29   crop damage, thereby supporting agricultural productivity in
30   this Commonwealth.

20250HB1007PN1094                    - 2 -
 1      (b)   Cost-sharing requirement.--The cost of constructing
 2   deterrent fencing under the program shall be shared equally by
 3   the commission and the eligible landowner.
 4      (c)   Administration.--The program shall be administered by
 5   the department, which shall:
 6            (1)   Certify crop damage caused by wildlife, based on
 7      criteria requiring:
 8                  (i)    Documentation of at least 10% crop loss
 9            attributable to wildlife damage within the location to be
10            fenced.
11                  (ii)    Physical evidence of the type of animal causing
12            the crop damage, verified through photographs, tracks or
13            other material proof.
14                  (iii)    An in-person assessment conducted by
15            department personnel or a third party contracted by the
16            department to validate the crop damage and the presence
17            of wildlife responsible for the crop damage.
18            (2)   Ensure adherence to construction specifications
19      under section 574 (relating to deterrent fencing).
20            (3)   Review and certify eligible landowner deterrent
21      fencing under section 577(d) (relating to disbursement and
22      construction).
23   § 573.   Deterrent Fencing Cost-Share Program Fund.
24      (a)   Establishment.--The Deterrent Fencing Cost-Share Program
25   Fund is established within the State Treasury. The commission
26   shall administer the fund for the purposes of this subchapter.
27   Money in the fund shall be used for cost sharing under this
28   subchapter.
29      (b)   Sources.--The fund shall consist of:
30            (1)   Money transferred or appropriated to the fund for

20250HB1007PN1094                       - 3 -
 1      the program.
 2            (2)   Money recovered under section 577(e) (relating to
 3      disbursement and construction).
 4      (c)   Appropriations.--Money in the fund is appropriated on a
 5   continuing basis to the commission for the purposes of this
 6   subchapter. The State Treasurer shall credit all interest and
 7   income derived from the deposit and investment of money in the
 8   fund to the fund. Unexpended and unencumbered money remaining in
 9   the fund at the end of a fiscal year shall not lapse, but the
10   State Treasurer shall transfer any money remaining in the fund
11   at the end of the 2035-2036 fiscal year and each fiscal year
12   thereafter to the Game Fund.
13      (d)   Costs.--The department may use up to 1% of the money in
14   the fund to cover the costs that the department incurs in
15   administering the program.
16      (e)   Allocation.--Funding for the program shall be allocated
17   by the commission from the Game Fund yearly in a lump sum
18   allocation of $4,000,000 for the first year and then in lump sum
19   allocations of $2,000,000 and made available to eligible
20   landowners until July 1, 2036.
21   § 574.   Deterrent fencing.
22      (a)   Specifications.--The commission shall promulgate
23   regulations establishing specifications for deterrent fencing
24   construction. The specifications shall consider:
25            (1)   The type of wildlife targeted.
26            (2)   The height and necessary materials.
27            (3)   Topographical considerations.
28            (4)   Geographic location.
29      (b)   Projected materials cost metrics.--The commission shall
30   promulgate regulations for cost metrics for the construction of

20250HB1007PN1094                    - 4 -
 1   deterrent fencing, based on projected material costs required to
 2   meet the specifications of subsection (a).
 3      (c)   Projected labor cost metrics.--The commission shall
 4   promulgate regulations for cost metrics for the labor utilized
 5   in the construction of deterrent fencing.
 6      (d)   Annual review and update.--The commission shall review
 7   and, if necessary, update the specifications and cost metrics
 8   under this section on an annual basis to reflect changes in
 9   material costs, construction standards or other relevant
10   factors, based on the Consumer Price Index for All Urban
11   Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and
12   Maryland area for the most recent 12-month period for which
13   figures have been officially reported by the United States
14   Department of Labor, Bureau of Labor Statistics.
15   § 575.   Eligibility.
16      (a)   Property.--Eligible properties for cost-share assistance
17   must:
18            (1)   qualify as a normal agricultural operation; and
19            (2)   meet criteria under section 572(c)(1) (relating to
20      Deterrent Fencing Cost-Share Program).
21      (b)   Public hunting.--An eligible landowner shall not be
22   required to permit public hunting on their property to qualify
23   for eligibility under the program.
24      (c)   Previous depredation efforts.--An eligible landowner
25   must utilize an agricultural depredation program permitted under
26   Subchapter B of Chapter 21 (relating to destruction for
27   agricultural protection) for at least two consecutive years
28   immediately prior to the date of application.
29      (d)   Lessees.--A person who leases eligible property meeting
30   the criteria under subsection (a) shall require notarized

20250HB1007PN1094                    - 5 -
 1   written permission from the owner of the property to construct
 2   deterrent fencing in each location noted in the application
 3   under section 576(b)(2) (relating to application) at least 365
 4   days prior to the date of application.
 5   § 576.   Application.
 6      (a)   Process.--An eligible landowner seeking cost-share
 7   assistance for deterrent fencing under this subchapter must
 8   submit an application to the department in a form and manner
 9   prescribed by the department. A copy of the application shall be
10   provided by the department to the commission in a manner
11   prescribed by the commission within five days of receipt by the
12   department.
13      (b)   Requirements.--The application under subsection (a)
14   shall include:
15            (1)   Documentation demonstrating that the applicant meets
16      the eligibility requirements under section 575 (relating to
17      eligibility).
18            (2)   A description of the proposed deterrent fencing
19      project, including details on the type of wildlife to be
20      deterred, estimated length and location of the fencing and an
21      outline of fencing materials to be used consistent with the
22      commission's regulations promulgated under section 574
23      (relating to deterrent fencing).
24            (3)   An estimate of the total deterrent fencing project
25      costs based on material costs as determined by the
26      commission's cost metrics under section 574(b).
27            (4)   If the application is submitted by a lessee,
28      notarized written permission required under section 575(d).
29      (c)   Review and approval.--The department shall review each
30   application to determine eligibility and completeness and shall

20250HB1007PN1094                    - 6 -
 1   approve or deny the application within 60 days of receipt. If
 2   approved, the department shall notify the applicant of the
 3   approved funding amount and the conditions under which the
 4   approved funding may be utilized.
 5      (d)   Compliance.--Each approved project shall comply with
 6   fencing construction specifications under section 574, and the
 7   disbursement of funding shall be conditioned upon the
 8   applicant's agreement to meet the specifications.
 9      (e)   Denial.--If an application is denied, the department
10   shall provide written notice to the applicant stating the
11   reasons for denial. The eligible landowner may not reapply until
12   at least 60 days have elapsed after the denial.
13   § 577.   Disbursement and construction.
14      (a)   Disbursement.--
15            (1)   Upon approval of an application for cost-share
16      assistance under section 576(c) (relating to application),
17      the commission shall disburse 50% of the approved total
18      project cost directly to the eligible landowner, upon written
19      request of the eligible landowner for the money. The written
20      request must be made within three months of the project
21      approval by the department.
22            (2)   If the total material or labor costs for an approved
23      project exceed the initial estimates provided by the
24      commission, the eligible landowner may submit a request for
25      additional funding within three months of receipt of the
26      initial disbursement. The request shall include documentation
27      of actual costs incurred and justification for the additional
28      expenses. The commission may, at its discretion, grant or
29      deny the request for additional funding.
30      (b)   Construction time.--The eligible landowner shall

20250HB1007PN1094                    - 7 -
 1   complete the construction of the approved deterrent fencing
 2   project within nine months of receiving the money.
 3      (c)   Construction method.--The eligible landowner may:
 4            (1)   construct the deterrent fencing in accordance with
 5      the construction specifications under section 574 (relating
 6      to deterrent fencing); or
 7            (2)   contract with a third party to construct the
 8      deterrent fencing if the third party complies with the
 9      construction specifications under section 574.
10      (d)   Final review and certification.--
11            (1)   Upon notification by the eligible landowner of
12      project completion, the department shall conduct an in-person
13      review within 30 days to verify that the fencing was
14      constructed in accordance with requirements under this
15      subchapter and the approved application.
16            (2)   If the project meets or exceeds the requirements
17      specified in the approved application, and follows the
18      construction specifications under section 574, the department
19      shall issue a certification of compliance to the eligible
20      landowner.
21            (3)   If the project does not meet the requirements under
22      this subchapter, the department shall notify the eligible
23      landowner of deficiencies within five days of review. The
24      eligible landowner shall have 30 days following receipt of
25      this notice to address the deficiencies. Upon written request
26      of the landowner, the department shall conduct a final in-
27      person review.
28      (e)   Noncompletion.--
29            (1)   If the eligible landowner fails to complete the
30      fencing project within the required time frame or if the

20250HB1007PN1094                    - 8 -
 1      project fails final inspection after the opportunity for
 2      correction, the commission shall issue a demand for repayment
 3      of the disbursement provided under this subchapter within 60
 4      days.
 5            (2)   Money recovered from the eligible landowner due to
 6      noncompletion or noncompliance shall be returned to the fund
 7      for future allocation under the program.
 8            (3)   The commission may take legal action to recover
 9      unreturned money if repayment is not received within the 60-
10      day period following a demand for repayment. Any money not
11      repaid within the 60-day period may accrue interest at the
12      legal rate until repaid in full.
13      (f)   Extension.--
14            (1)   An eligible landowner may request from the
15      department an extension to the time frame for construction.
16            (2)   The commission may grant further extension.
17   § 578.   Unlawful acts.
18      (a)   Tampering and misuse.--It shall be unlawful for any
19   eligible landowner to:
20            (1)   Damage, dismantle or interfere with deterrent
21      fencing constructed under this program without prior approval
22      of the director, within 10 years of the date of certification
23      of compliance.
24            (2)   Use program money for any purpose other than as
25      intended under this subchapter.
26            (3)   Make a fraudulent or false claim or statement on an
27      application required under this subchapter or violate any
28      provision of this subchapter.
29      (b)   Penalties and discretionary repayment.--
30            (1)   At the discretion of the commission, an eligible

20250HB1007PN1094                    - 9 -
 1      landowner found to have committed an unlawful act under
 2      subsection (a) may be required to repay, in full, all money
 3      received under the program.
 4            (2)   In addition to any discretionary repayment, an
 5      individual who violates subsection (a) may be subject to
 6      fines and other penalties under section 547 (relating to
 7      unlawful acts) or as otherwise provided by law.
 8            (3)   The commission may, at its discretion, disqualify an
 9      individual found to have violated this subchapter from future
10      participation in the program.
11            (4)   The department may disqualify an individual who
12      submits more than two applications which have been denied
13      within a five-year period.
14   § 579.   Review.
15      (a)   Appeal.--An eligible landowner may appeal to the
16   commission the department's decision regarding any of the
17   following:
18            (1)   Certification of crop damage by wildlife.
19            (2)   Eligibility determination for cost-share assistance.
20            (3)   Fence construction specifications.
21            (4)   Fence construction predetermined cost.
22            (5)   Review conducted under section 577(d) (relating to
23      disbursement and construction).
24      (b)   Review.--Requests for review shall be conducted under
25   Subchapter E (relating to review procedures). A request for
26   review must be submitted within 30 days of receiving the
27   department's decision.
28      Section 2.      This act shall take effect in 180 days.




20250HB1007PN1094                     - 10 -