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.

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
 1   Amending the act of May 1, 1984 (P.L.206, No.43), entitled "An
 2      act providing for safe drinking water; imposing powers and
 3      duties on the Department of Environmental Resources in
 4      relation thereto; and appropriating certain funds," providing
 5      for temporary operating license; and imposing duties on the
 6      Department of Agriculture.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of May 1, 1984 (P.L.206, No.43), known as
10   the Pennsylvania Safe Drinking Water Act, is amended by adding a
11   section to read:
12   Section 7.1.    Temporary operating license.
13      (a)   Authorization to issue a temporary operating license.--
14   Upon notification by an applicant for a retail food facility
15   license under 3 Pa.C.S. Ch. 57 Subch. A (relating to retail food
16   facility safety) that the applicant has submitted a permit
17   application for a public water system to the department, the
18   Department of Agriculture shall issue a temporary operating
 1   license to the applicant if all of the following conditions are
 2   met:
 3            (1)   The applicant has provided the Department of
 4      Agriculture with proof of submission of a complete
 5      application for a permit for a public water system to the
 6      department.
 7            (2)   The applicant demonstrates to the Department of
 8      Agriculture, through certified laboratory testing, that the
 9      public water system is in compliance with the standards
10      established under the Federal act.
11      (b)   Resubmission.--If the permit for the public water system
12   has not been issued within six months, the applicant shall
13   resubmit to the Department of Agriculture a certified laboratory
14   test demonstrating continued compliance with the Federal act and
15   shall resubmit an additional certified laboratory test for each
16   subsequent six-month period during which the permit remains
17   unissued. Failure to resubmit a certified laboratory test as
18   required under this subsection shall result in automatic
19   revocation of the temporary operating license.
20      (c)   Duration.--A temporary operating license issued under
21   this section shall:
22            (1)   Remain valid only while the permit application for
23      the public water system is pending before the department.
24            (2)   Automatically expire upon:
25                  (i)    issuance of a permit for the public water system
26            by the department; or
27                  (ii)   denial of the permit application.
28      (d)   New temporary operating license.--
29            (1)   If the temporary operating license expires due to a
30      denial of the permit application for the public water system,

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 1      an applicant for a retail food facility license under 3
 2      Pa.C.S. Ch. 57 Subch. A may request a new temporary operating
 3      license from the Department of Agriculture. The Department of
 4      Agriculture shall grant the request if all of the following
 5      conditions are met:
 6                  (i)    The applicant has provided the Department of
 7            Agriculture with proof of submission of a complete
 8            application for a permit for a public water system to the
 9            department.
10                  (ii)    The applicant demonstrates to the Department of
11            Agriculture, through certified laboratory testing, that
12            the public water system is in compliance with the
13            standards established under the Federal act.
14            (2)   A temporary operating license issued under this
15      section shall be subject to subsection (c).
16      (e)   Revocation.--The Department of Agriculture shall revoke
17   a temporary operating license if the applicant's public water
18   system fails to maintain compliance with the standards
19   established under the Federal act.
20      Section 2.        This act shall take effect in 60 days.




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