Pennsylvania HB 2442: An Act amending the act of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe Drinking Water Act, providing for temporary operating license; and imposing duties on the Department of Agriculture.

Bill Text

PRINTER'S NO. 3252
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2442
Session of
2026
INTRODUCED BY WALSH, ROAE, BERNSTINE, PICKETT, REICHARD,
ANDERSON, KOZAK, ROWE, STEHR, WATRO, ZIMMERMAN, RADER, PUGH,
HAMM, STENDER, OLSOMMER, MUSTELLO, O'NEAL, SHAFFER, COOK,
BASHLINE, RAPP, RASEL, FRITZ AND FLICK, APRIL 21, 2026
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, APRIL 22, 2026
AN ACT
Amending the act of May 1, 1984 (P.L.206, No.43), entitled "An
act providing for safe drinking water; imposing powers and
duties on the Department of Environmental Resources in
relation thereto; and appropriating certain funds," providing
for temporary operating license; and imposing duties on the
Department of Agriculture.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 1, 1984 (P.L.206, No.43), known as
the Pennsylvania Safe Drinking Water Act, is amended by adding a
section to read:
Section 7.1. Temporary operating license.
(a) Authorization to issue a temporary operating license.--
Upon notification by an applicant for a retail food facility
license under 3 Pa.C.S. Ch. 57 Subch. A (relating to retail food
facility safety) that the applicant has submitted a permit
application for a public water system to the department, the
Department of Agriculture shall issue a temporary operating
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license to the applicant if all of the following conditions are
met:
(1) The applicant has provided the Department of
Agriculture with proof of submission of a complete
application for a permit for a public water system to the
department.
(2) The applicant demonstrates to the Department of
Agriculture, through certified laboratory testing, that the
public water system is in compliance with the standards
established under the Federal act .
(b) Resubmission.--If the permit for the public water system
has not been issued within six months, the applicant shall
resubmit to the Department of Agriculture a certified laboratory
test demonstrating continued compliance with the Federal act and
shall resubmit an additional certified laboratory test for each
subsequent six-month period during which the permit remains
unissued. Failure to resubmit a certified laboratory test as
required under this subsection shall result in automatic
revocation of the temporary operating license.
(c) Duration.--A temporary operating license issued under
this section shall:
(1) Remain valid only while the permit application for
the public water system is pending before the department.
(2) Automatically expire upon:
(i) issuance of a permit for the public water system
by the department; or
(ii) denial of the permit application.
(d) New temporary operating license.--
(1) If the temporary operating license expires due to a
denial of the permit application for the public water system,
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an applicant for a retail food facility license under 3
Pa.C.S. Ch. 57 Subch. A may request a new temporary operating
license from the Department of Agriculture. The Department of
Agriculture shall grant the request if all of the following
conditions are met:
(i) The applicant has provided the Department of
Agriculture with proof of submission of a complete
application for a permit for a public water system to the
department.
(ii) The applicant demonstrates to the Department of
Agriculture, through certified laboratory testing, that
the public water system is in compliance with the
standards established under the Federal act .
(2) A temporary operating license issued under this
section shall be subject to subsection (c).
(e) Revocation.--The Department of Agriculture shall revoke
a temporary operating license if the applicant's public water
system fails to maintain compliance with the standards
established under the Federal act .
Section 2. This act shall take effect in 60 days.
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