The House Environmental Resources and Energy Committee is scheduled to meet on March 16 to consider legislation to exempt restaurants that bottle and sell water to the public from the Safe Drinking Water Act.
House Bill 754 (Day-R-Lehigh) would exempt any restaurants that bottle and sell water to the public from the definition of “public water system” subject to the Safe Drinking Water Act (sponsor summary).
Currently, restaurants are considered noncommunity water supplies under state and federal law because they serve 25 or more people a day and have their own water sources or provide additional treatment to municipal water.
Technically, the state Safe Drinking Water Act defines a “noncommunity water system” as a public water supply that is not a community water system.
The Department of Agriculture regulates restaurants under the Eating and Drinking Establishment law that requires restaurants to meet the primary and secondary drinking water standards under the Safe Drinking Water Act.
However, House Bill 754 would amend the Safe Drinking Water Act to exempt restaurants from the Act if they bottle water.
So, the interesting question occurs can one law [Eating and Drinking Establishments] require the standards of another law [Safe Drinking Water Act] to be met if that second law exempts that facility from its provisions?
I'm sure the courts will figure it out if it is enacted.
The meeting will be held in Room G-50 of the Irvis Building starting at the Call of the Chair at some point after the House convenes that day. Click Here to watch live.
Rep. Daryl Metcalfe (R-Butler) serves as Majority Chair of the House Environmental Committee and can be contacted by calling 717-783-1707 or sending email to: dmetcalf@pahousegop.com. Rep. Greg Vitali (D-Delaware) serves as Minority Chair and can be contacted by calling 717-787-7647 or sending email to: gvitali@pahouse.net.
[Posted: March 11, 2021] PA Environment Digest
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