HB 426 — An Act providing for duties of Commonwealth agencies regarding native plants and for duties of Department of Conservation and Natural Resources regarding pollinator habitats and native plants.

PRINTER'S NO.   401

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 426
                                                Session of
                                                  2025

     INTRODUCED BY PIELLI, SANCHEZ, GIRAL, WEBSTER, HILL-EVANS,
        VITALI, CIRESI, HOHENSTEIN, FREEMAN, SAMUELSON, OTTEN,
        ISAACSON, GREEN, SCHLOSSBERG, MADDEN, BRENNAN, HOWARD,
        KENYATTA, PROBST, STEELE, RABB AND CONKLIN, JANUARY 31, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, JANUARY 31, 2025


                                   AN ACT
 1   Providing for duties of Commonwealth agencies regarding native
 2      plants and for duties of Department of Conservation and
 3      Natural Resources regarding pollinator habitats and native
 4      plants.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7   Section 1.   Short title.
 8      This act shall be known and may be cited as the Native
 9   Habitats at Commonwealth Facilities Act.
10   Section 2.   Definitions.
11      The following words and phrases when used in this act shall
12   have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      "Commonwealth agency."   Any of the following:
15          (1)   Any office, department, authority, board, multistate
16      agency or commission of the executive branch, independent
17      agency or State-affiliated entity. The term includes:
 1                (i)    The Governor's Office.
 2                (ii)    The Office of Attorney General.
 3                (iii)    The Department of the Auditor General.
 4                (iv)    The Treasury Department.
 5                (v)    An organization established by the Constitution
 6          of Pennsylvania, a statute or an executive order which
 7          performs or is intended to perform an essential
 8          governmental function.
 9          (2)   The term does not include a judicial or legislative
10      agency.
11      "Commonwealth project."     A construction or maintenance
12   activity that is conducted by a Commonwealth agency or at a
13   Commonwealth facility that involves landscape planting
14   improvements.
15      "Department."     The Department of Conservation and Natural
16   Resources of the Commonwealth.
17      "Independent agency."     Any board, commission or other agency
18   or officer of the Commonwealth that is not subject to the policy
19   supervision and control of the Governor. The term does not
20   include a legislative or judicial agency.
21      "Judicial agency."     A court of the Commonwealth or any other
22   entity or office of the unified judicial system.
23      "Legislative agency."     Any of the following:
24          (1)   The Senate.
25          (2)   The House of Representatives.
26          (3)   The Capitol Preservation Committee.
27          (4)   The Center for Rural Pennsylvania.
28          (5)   The Joint Legislative Air and Water Pollution
29      Control and Conservation Committee.
30          (6)   The Joint State Government Commission.

20250HB0426PN0401                     - 2 -
 1          (7)     The Legislative Budget and Finance Committee.
 2          (8)     The Legislative Data Processing Committee.
 3          (9)     The Independent Regulatory Review Commission.
 4          (10)     The Legislative Reference Bureau.
 5          (11)     The Local Government Commission.
 6          (12)     The Pennsylvania Commission on Sentencing.
 7          (13)     The Legislative Reapportionment Commission.
 8          (14)     The Legislative Office for Research Liaison.
 9          (15)     The Legislative Audit Advisory Commission.
10      "Pollinator meadow."    An area of native vegetation consisting
11   of more than 50% native wildflowers that meets all of the
12   following requirements:
13          (1)     The vegetation has the floral resources present
14      throughout the growing season and host plants for the larvae
15      of monarch butterflies and other native pollinators to
16      provide for the entire life cycle of monarch butterflies and
17      other native pollinators.
18          (2)     The vegetation was established from seed mixes
19      comprised of at least 0.5% native milkweed seed.
20          (3)     The vegetation is protected from insecticide
21      exposure.
22      "State-affiliated entity."    A Commonwealth authority or
23   Commonwealth entity. The term includes the Pennsylvania Higher
24   Education Assistance Agency and any entity established thereby,
25   the Pennsylvania Gaming Control Board, the Pennsylvania Game
26   Commission, the Pennsylvania Fish and Boat Commission, the
27   Pennsylvania Housing Finance Agency, the Pennsylvania Municipal
28   Retirement Board, the State System of Higher Education, a
29   community college, the Pennsylvania Turnpike Commission, the
30   Pennsylvania Public Utility Commission, the Pennsylvania

20250HB0426PN0401                    - 3 -
 1   Infrastructure Investment Authority, the State Public School
 2   Building Authority, the Pennsylvania Interscholastic Athletic
 3   Association and the Pennsylvania Higher Educational Facilities
 4   Authority. The term does not include a State-related
 5   institution.
 6      "State-related institution."      Any of the following:
 7            (1)   Temple University.
 8            (2)   The University of Pittsburgh.
 9            (3)   The Pennsylvania State University.
10            (4)   Lincoln University.
11   Section 3.     Duties of Commonwealth agencies regarding native
12                  plants.
13      (a)   Native plants.--A Commonwealth agency shall have the
14   following duties when conducting a Commonwealth project at a
15   Commonwealth facility:
16            (1)   Prioritize, as feasible with respect to schedule and
17      product supply, the use of native plants untreated with
18      systemic insecticides over non-native plants when developing
19      green spaces or during landscape planting.
20            (2)   Consider the benefits of using native plants
21      untreated with systemic insecticides at the Commonwealth
22      project, including habitat creation, supporting native
23      pollinators, providing food and shelter to insect and
24      wildlife populations, decreasing soil erosion and landscape
25      water usage, increasing sediment control, controlling storm
26      water runoff and decreasing maintenance needs.
27      (b)   Turfgrass and lawns.--A Commonwealth agency shall
28   consider the planting of native plants untreated with systemic
29   insecticides or creating pollinator meadows on appropriate areas
30   of existing or planned turfgrass and lawns, particularly unused

20250HB0426PN0401                    - 4 -
 1   areas when growing turfgrass or lawns at a Commonwealth
 2   facility.
 3      (c)    Updates.--A Commonwealth agency that maintains
 4   Commonwealth facility design standards that are specific to the
 5   Commonwealth agency or has landscape and maintenance development
 6   standards on or after the effective date of this subsection
 7   shall update the standards to reflect prioritizing native
 8   plants.
 9   Section 4.      Duties of department regarding pollinator habitats
10                   and native plants untreated with systemic
11                   insecticides.
12      (a)    Pollinator habitats.--The department shall maintain
13   existing pollinator meadows or pollinator gardens on or after
14   the effective date of this subsection or establish new
15   pollinator meadows or pollinator gardens at resource management
16   centers and State Park offices where space is available to serve
17   as pollinator habitat and demonstration areas for the public.
18      (b)    Native plants.--The department shall have the following
19   duties:
20             (1)   Maintain and distribute to Commonwealth agencies
21      guidance on the use and maintenance of native plants in
22      Commonwealth projects.
23             (2)   Draft a native pollinator conservation plan and
24      revise the plan every five years. The department shall make
25      the native pollinator conservation plan available to
26      Commonwealth agencies and the public. The department shall
27      promulgate regulations specifying which native plants are
28      covered under this act and include the following information
29      in the native pollinator conservation plan:
30                   (i)   The current status of native pollinators.

20250HB0426PN0401                       - 5 -
 1                (ii)    The main risks to native pollinators.
 2                (iii)    The best practices to mitigate the risks to
 3          native pollinators.
 4                (iv)    The current efforts of the department to
 5          conserve and protect native pollinators and their
 6          habitats.
 7   Section 5.   Effective date.
 8      This act shall take effect as follows:
 9          (1)   Section 4 shall take effect in 18 months.
10          (2)   The remainder of this act shall take effect
11      immediately.




20250HB0426PN0401                     - 6 -