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.

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