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[Senate Report 111-170]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 353
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-170

======================================================================

 
        CLEAN COASTAL ENVIRONMENT AND PUBLIC HEALTH ACT OF 2009

                                _______
                                

                 April 20, 2010.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 878]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 878) to amend the Federal Water Pollution 
Control Act to modify provisions relating to beach monitoring, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.

                      Purposes of the Legislation

    The purposes of the Clean Coastal Environment and Public 
Health Act of 2009 (the Act) are to prescribe the use of rapid 
testing methods for the testing of pollutants in coastal 
recreation waters; mandate public notice requirements; expand 
the scope of grants to include pollution tracking and 
remediation activities; require studies on impacts of climate 
change and nutrients on pollution of coastal recreation waters; 
require an assessment of the grant distribution formula; and 
increase the authorization limit from $30,000,000 to 
$60,000,000 for such activities.

                    General Statement and Background

    The Act amends the Federal Water Pollution Control Act to 
update the testing methods for water-borne pathogens and other 
contaminants with potential to harm human health in costal 
recreation waters. The Act also reauthorizes the Beaches 
Environmental Assessment and Coastal Health Act of 2000 (BEACH 
Act), improves source identification and prevention efforts, 
ensures prompt communication with state environmental agencies, 
and improves state and local coastal recreation water quality 
programs.
    In 2000, when the BEACH Act became law, the Act's goal was 
to improve public awareness of water quality at our nation's 
beaches. According to the U.S. Environmental Protection Agency 
(EPA), research has found that contact with contaminated water 
can lead to gastrointestinal disorders, ear or skin infections, 
and respiratory diseases if contaminated water is inhaled. The 
pathogens responsible for waterborne diseases can be bacteria, 
viruses, protozoa, fungi, and other parasites. Public health 
risks are especially significant for sensitive subpopulations, 
such as children and the elderly.
    The BEACH Act of 2000 was successful at prompting states to 
adopt water quality criteria and in strengthening public 
reporting requirements. However, public health risks from 
swimming in polluted coastal waters continue to be an issue in 
certain areas of the United States. A 2007 United States 
Government Accountability Office report found that states' 
monitoring and notification programs varied considerably in the 
frequency with which beaches were monitored, the monitoring 
methods used, and how the public was notified of potential 
health risks--differences due, in part, to the BEACH Act 
funding levels. The report also found that while the frequency 
of water quality monitoring increased nationwide, the 
underlying causes of contamination continue to remain largely 
unknown.
    The Clean Coastal Environment and Public Health Act of 2009 
expands upon existing law by requiring the use of rapid testing 
methods and additional notification standards. Unlike existing 
methods, which permit as many as three days to pass before 
water testing results are communicated and decisions to close 
down beaches are made, the Act mandates rapid testing methods 
to quickly test water quality. Rapid testing methods are 
defined as those that produce results within four hours after 
receipt of the applicable sample by the testing facility. 
Additionally, the Act requires that information obtained from 
these test methods are communicated to the public within two 
hours of receipt of the results of a water quality sample via a 
searchable database. This is a clarification of existing law, 
which does not specify a time or method for the communication 
to occur. This legislation ensures more rapid decisions will be 
made about beach closures in order to better protect public 
health.

                      Section-by-Section Analysis

Section 1. Short title

    Section 1 provides that the Act may be cited as the ``Clean 
Coastal Environment and Public Health Act of 2009''.

Section 2. Federal Water Pollution Control Act amendments

    Section 2 amends sections 303 and 304 of the Federal Water 
Pollution Control Act (33 U.S.C. 1313, 1314) to ensure adoption 
of new and revised water quality criteria, incorporation of 
rapid testing methods, and publication of pathogen and pathogen 
indicator lists.
    This section amends Section 406 of the Federal Water 
Pollution Control Act (33 U.S.C. 1346) to require monitoring 
and notification programs that receive funding under this 
section to include monitoring, public notification, source 
tracking and sanitary surveys, and to allow for prevention 
efforts to address identified sources of contamination in 
coastal recreation waters.
    This section also amends Section 406 to specify that a 
state or local government program must identify rapid testing 
methods to test water quality to receive grant money under this 
Act. Rapid testing is defined as a method of testing for which 
results are available as soon as practicable and not more than 
four hours after receipt of the applicable sample by the 
testing facility. The Administrator would be required to 
validate rapid testing methods by October 15, 2012.
    Section 2 specifies that to receive grant money, a state or 
local government program must disclose beach water quality 
violations, within two hours of receipt of the results of a 
water quality sample, to the public and relevant state agencies 
that have the authority to prevent or treat beach water 
pollution. Programs would be required to ensure the 
availability of a publicly accessible and searchable global 
information system database that is updated within 24 hours of 
the availability of revised information, organized by beach, 
and that identifies applicable water quality standards, 
monitoring protocols, sampling results, and other pertinent 
information.
    Within one year after enactment of the Act and biennially 
thereafter, this section requires EPA to update the National 
List of Beaches. EPA would further be required to complete 
annual compliance reviews to ensure that programs receiving 
grant money are in compliance with the requirements of this Act 
and that any shortcomings are promptly corrected. If a grantee 
fails to take corrective action for any requirement or grant 
condition within one year of notification then they would have 
a federal share of not to exceed 50 percent. Within three 
years, the Government Accountability Office would be required 
to conduct a review of activities under this Act and submit a 
report to Congress.
    Section 2 increases the authorization for section 406(i) of 
the Federal Water Pollution Control Act from $30 million to $60 
million, for each of the fiscal years 2009 through 2013.

Section 3. Funding for Beaches Environmental Assessment and Coastal 
        Health Act

    Section 3 extends the authorization of the BEACH Act to 
2013.

Section 4. Impact of climate change on pollution of coastal recreation 
        waters

    Section 4 requires a study on the long-term impact of 
climate change on pollution of coastal recreation waters--the 
results of which would be published in a report that contains 
information on potential contaminant impacts to coastal 
communities, monitoring requirements, and necessary federal 
actions.

Section 5. Impact of nutrients on pollution of coastal recreation 
        waters

    Section 5 requires a study of available scientific 
information relating to the impacts of nutrient excesses and 
algal blooms on coastal recreation waters--the results of which 
would be published in a report that includes recommendations to 
address such impacts.

                          Legislative History

    On April 23, 2009, Senator Lautenberg introduced S. 878. 
Senators Voinovich, Menendez, Boxer and Merkley are cosponsors 
to the bill. On June 18, 2009, the Environment and Public Works 
Committee held a business meeting to consider the bill. Senator 
Lautenberg offered a substitute amendment to make certain 
changes to the bill, and the amendment was agreed to by voice 
vote. S. 878 was ordered favorably reported as amended by voice 
vote.
    Companion legislation introduced by Rep. Pallone [D-NJ], 
H.R. 2093, was ordered to be reported favorably by the House 
Committee on Transportation and Infrastructure on June 4, 2009. 
In the 110th Congress, similar legislation passed the House of 
Representatives by voice vote and was reported favorably with 
amendments by the Committee on July 10, 2008.

                                Hearings

    In the 110th Congress, the Subcommittee on Transportation 
Safety, Infrastructure Security, and Water Quality held a 
hearing entitled, ``Protecting Water Quality at America's 
Beaches'' on June 27, 2008, at which related legislation was 
discussed.

                             Rollcall Votes

    The Committee on Environment and Public Works ordered S. 
878 favorably reported by voice vote on June 18, 2009. No 
rollcall votes were taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes evaluation of 
the regulatory impact of the reported bill. The Committee finds 
that this legislation, which provides grants and financial 
assistance to state, local and tribal governments for 
monitoring of coastal recreational waters, does not have 
substantial regulatory impacts.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4), the Committee finds that this legislation does 
not impose intergovernmental mandates or private sector 
mandates as those terms are defined in UMRA. The Congressional 
Budget Office concurs, finding ``S. 878 contains no 
intergovernmental or private-sector mandates as defined in UMRA 
and would impose no costs on state, local, or tribal 
governments.''

               Congressional Budget Office Cost Estimate

                                                      July 6, 2009.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 878, the Clean 
Coastal Environment and Public Health Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 878--Clean Coastal Environment and Public Health Act of 2009

    Summary: S. 878 would authorize the appropriation of $60 
million a year over the 2010-2013 period for the water quality 
program that benefits coastal states under the Clean Water Act. 
Under this program, the Environmental Protection Agency (EPA) 
provides grants to state or local governments to support their 
efforts to monitor the quality of coastal waters and notify the 
public when beach water does not meet established standards. 
This legislation also would authorize the appropriation of such 
sums as necessary for EPA to manage the program through 2013.
    Assuming appropriation of the authorized funds (including 
amounts necessary for administrative costs), CBO estimates that 
implementing S. 878 would cost $244 million over the 2010-2014 
period. Enacting the bill would not affect direct spending or 
revenues.
    S. 878 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 878 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2010      2011      2012      2013      2014    2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Beach Protection Grants:
    Authorization Level............................        60        60        60        60         0        240
    Estimated Outlays..............................        48        60        60        60        12        240
Administrative Support:
    Estimated Authorization Level..................         1         1         1         1         0          4
    Estimated Outlays..............................         1         1         1         1         0          4
    Total Changes:
        Estimated Authorization Level..............        61        61        61        61         0        244
        Estimated Outlays..........................        49        61        61        61        12        244
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
878 will be enacted near the end of fiscal year 2009, that the 
specified amounts will be appropriated in each year starting in 
2010, and that outlays will follow historical spending patterns 
for the existing program. In 2009, about $10 million was 
appropriated to EPA for grants to support efforts to monitor 
beach water. CBO estimates that implementing this legislation 
would cost $244 million over the next five years, including $4 
million to administer the grant program.
    Intergovernmental and private-sector impact: S. 878 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On June 10, 2009, CBO transmitted a 
cost estimate for H.R. 2093, the Clean Coastal Environmental 
and Public Health Act of 2009, as ordered reported by the House 
Committee on Transportation and Infrastructure on June 4, 2009. 
Both H.R. 2093 and S. 878 would reauthorize the Beaches 
Environmental Assessment and Coastal Health Act, but H.R. 2093 
would authorize grants of $40 million a year through 2014.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman; 
Impact on State, Local, and Tribal Governments: Ryan Miller; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

               MINORITY VIEWS OF SENATOR JAMES M. INHOFE

    I appreciate the success of states and communities 
providing appropriate public health information to citizens 
swimming and recreating at our nation's beaches. The BEACH Act 
authorization ended in 2005 and I agree that reauthorization is 
appropriate. However, S. 878, the Clean Coastal Environment and 
Public Health Act of 2009 (the Act), has significant problems 
accompanying the reauthorization language.
    The Clean Coastal Environment and Public Health Act of 2009 
doubles the authorization and greatly expands the original 
intent of the BEACH Act of 2000 grant program. To cover the 
cost of this expansion, the bill doubles the authorization from 
$30,000,000 to $60,000,000. However, the current funding levels 
have been stagnant at an appropriations average of $10,000,000, 
which is only 1/3 the current authorization ceiling. The first 
step to controlling government spending is for the authorizers 
to set reasonable and achievable authorization levels. 
Additionally, I believe any grants authorized for pollution 
remediation should leverage state and local funding sources by 
requiring a non-federal cost share analogous to current grant 
programs outlined in the Federal Water Pollution Control Act 
(i.e., Section 205 Capitalization Grants).
    Since 2000, the legislation has provided authority and 
funding for states and local governments to monitor and issue 
public health advisories when beach water is deemed unsafe for 
human contact. This legislation increases the authorized 
activities under the grants to include the prescribed use of 
rapid testing methods for pollutants in coastal recreation 
waters, mandates strict public notice requirements, and expands 
the scope of grants to include pollution tracking and 
remediation activities. The increase in scope and specificity 
of the requirements of the bill will likely present significant 
challenges to state and local governments that implement the 
BEACH Act. It seems very likely that states will not be able to 
meet one or more of the new mandates for grants, and EPA has 
little flexibility to assist states.
    Additionally, Congress provides funding for remediation 
through a variety of grants, including State Revolving Funds, 
and for water discharge and pollution tracking through the 
Environmental Protection Agency's annual enforcement budget. I 
believe these inclusions to the BEACH Act are duplicative.
    The rapid testing requirement limits EPA to tests that have 
a 4-hour turn around. This could potentially limit other 
testing methods that may be more accurate or have other 
positive benefits. EPA, in coordination with stakeholders, has 
committed to updating its water quality criteria by 2012. This 
legislation should be flexible enough to work with updates in 
water quality criteria, technology or science and should not 
impose potentially substantial testing costs to state and local 
governments when testing methods and testing equipment 
requirements could change.

                                           Senator James M. Inhofe.
                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic, existing law in which no change is proposed is shown in 
roman:

           *       *       *       *       *       *       *

                              ----------                              

FEDERAL WATER POLLUTION CONTROL ACT

           *       *       *       *       *       *       *

    Sec. 301. (a) Except as in compliance with this section and 
sections 302, 306, 307, 318, 402, and 404 of this Act, the 
discharge of any pollutant by any person shall be unlawful.
    (b) In order to carry out the objective of this Act there 
shall be achieved--
          (1)(A) * * *

           *       *       *       *       *       *       *

    Sec. 303. (a)(1) In order to carry out the purpose of this 
Act, any water quality standard applicable to interstate waters 
which was adopted by any State and submitted to, and approved 
by, or is awaiting approval by, the Administrator pursuant to 
this Act as in effect immediately prior to the date of 
enactment of the Federal Water Pollution Control Act Amendments 
of 1972, shall remain in effect unless the Administrator 
determined that such standard is not consistent with the 
applicable requirements of this Act as in effect immediately 
prior to the date of enactment of the Federal Water Pollution 
Control Act Amendments of 1972. If the Administrator makes such 
a determination he shall, within three months after the date of 
enactment of the Federal Water Pollution Control Act Amendments 
of 1972, notify the State and specify the changes needed to 
meet such requirements. If such changes are not adopted by the 
State within ninety days after the date of such notification, 
the Administrator shall promulgate such changes in accordance 
with subsection (b) of this section.
    (2) * * *

           *       *       *       *       *       *       *

  (i) Coastal Recreation Water Quality Criteria.--
          (1) Adoption by states.--
                  (A) Initial criteria and standards.--Not 
                later than 42 months after the date of the 
                enactment of this subsection, each State having 
                coastal recreation waters shall adopt and 
                submit to the Administrator water quality 
                criteria and standards for the coastal 
                recreation waters of the State for those 
                pathogens and pathogen indicators for which the 
                Administrator has published criteria under 
                section 304(a).
                  (B) New or revised criteria and standards.--
                Not later than 36 months after the date of 
                publication by the Administrator of new or 
                revised water quality criteria under section 
                304(a)(9), each State having coastal recreation 
                waters shall adopt and submit to the 
                Administrator new or revised water quality 
                standards for the coastal recreation waters of 
                the State for all pathogens and pathogen 
                indicators to which the new or revised water 
                quality criteria are applicable.
          (2) Failure of states to adopt.--
                  (A) In general.--If a State fails to adopt 
                water quality criteria and standards in 
                accordance with [paragraph (1)(A)] paragraph 
                (1) that are as protective of human health as 
                the criteria for pathogens and pathogen 
                indicators for coastal recreation waters 
                published by the Administrator, the 
                Administrator shall promptly propose 
                regulations for the State setting forth revised 
                or new water quality standards for pathogens 
                and pathogen indicators described in [paragraph 
                (1)(A)] paragraph (1) for coastal recreation 
                waters of the State.

           *       *       *       *       *       *       *

    Sec. 304. (a)(1) The Administrator, after consultation with 
appropriate Federal and State agencies and other interested 
persons, shall develop and publish, within one year after the 
date of enactment of this title (and from time to time 
thereafter revise) criteria for water quality accurately 
reflecting the latest scientific knowledge (A) on the kind and 
extent of all identifiable effects on health and welfare 
including, but not limited to, plankton, fish, shellfish, 
wildlife, plant life, shorelines, beaches, esthetics, and 
recreation which may be expected from the presence of 
pollutants in any body of water, including ground water; (B) on 
the concentration and dispersal of pollutants, or their 
byproducts, through biological, physical, and chemical 
processes; and (C) on the effects of pollutants on biological 
community diversity, productivity, and stability, including 
information on the factors affecting rates of eutrophication 
and rates of organic and inorganic sedimentation for varying 
types of receiving waters.
    (2) * * *

           *       *       *       *       *       *       *

  (9) Revised Criteria for Coastal Recreation Waters.--
          (A) In general.--Not later than 5 years after the 
        date of the enactment of this paragraph, after 
        consultation and in cooperation with appropriate 
        Federal, State, tribal, and local officials (including 
        local health officials), the Administrator shall 
        publish new or revised water quality criteria for 
        pathogens and pathogen indicators (including a revised 
        list of testing [methods, as appropriate] methods, 
        including rapid testing methods), based on the results 
        of the studies conducted under section 104(v), for the 
        purpose of protecting human health in coastal 
        recreation waters.
          (B) Reviews.--Not later than the date that is 5 years 
        after the date of publication of water quality criteria 
        under this paragraph, and at least once every 5 years 
        thereafter, the Administrator shall review and, as 
        necessary, revise the water quality criteria.
          (C) Publication of pathogen and pathogen indicator 
        list.--Upon publication of the new or revised water 
        quality criteria under subparagraph (A), the 
        Administrator shall publish in the Federal Register a 
        list of all pathogens and pathogen indicators studied 
        in developing the new or revised water quality 
        criteria.

           *       *       *       *       *       *       *

    Sec. 401. (a)(1)* * *

           *       *       *       *       *       *       *

SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.

  (a) Monitoring and Notification.--
          (1) In general.--Not later than 18 months after the 
        date of the enactment of this section, after 
        consultation and in cooperation with appropriate 
        Federal, State, tribal, and local officials (including 
        local health officials), and after providing public 
        notice and an opportunity for comment, the 
        Administrator shall publish performance criteria for--
                  (A) monitoring and assessment (including 
                specifying available [methods for monitoring] 
                methods for monitoring protocols that are most 
                likely to detect pathogenic contamination) of 
                coastal recreation waters adjacent to beaches 
                or similar points of access that are used by 
                the public for attainment of applicable water 
                quality standards for pathogens and pathogen 
                indicators; and
                  (B) the prompt notification of the public, 
                local governments, and the Administrator of any 
                exceeding of or likelihood of exceeding 
                applicable water quality standards for coastal 
                recreation waters described in subparagraph 
                (A).
          (2) Level of protection.--The performance criteria 
        referred to in paragraph (1) shall provide that the 
        activities described in subparagraphs (A) and (B) of 
        that paragraph shall be carried out as necessary for 
        the protection of public health and safety.
  (b) Program Development and Implementation Grants.--
          (1) In general.--The Administrator may make grants to 
        States and local governments to develop and implement 
        programs for monitoring and notification for coastal 
        recreation waters adjacent to beaches or similar points 
        of access that are used by the public.
          (2) Limitations.--
                  (A) In general.--The Administrator may award 
                a grant to a State or a local government to 
                implement a monitoring and notification program 
                if--
                          (i) the program is consistent with 
                        the performance criteria published by 
                        the Administrator under subsection (a);
                          (ii) the State or local government 
                        prioritizes the use of grant funds for 
                        particular coastal recreation waters 
                        based on the use of the water and the 
                        risk to human health presented by 
                        pathogens or pathogen indicators;
                          (iii) the State or local government 
                        makes available to the Administrator 
                        the factors used to prioritize the use 
                        of funds under clause (ii);
                          (iv) the State or local government 
                        provides a list of discrete areas of 
                        coastal recreation waters that are 
                        subject to the program for monitoring 
                        and notification for which the grant is 
                        provided that specifies any coastal 
                        recreation waters for which fiscal 
                        constraints will prevent consistency 
                        with the performance criteria under 
                        subsection (a); and
                          (v) the public is provided an 
                        opportunity to review the program 
                        through a process that provides for 
                        public notice and an opportunity for 
                        comment.
                  (B) Grants to local governments.--The 
                Administrator may make a grant to a local 
                government under this subsection for 
                implementation of a monitoring and notification 
                program only if, after the 1-year period 
                beginning on the date of publication of 
                performance criteria under subsection (a)(1), 
                the Administrator determines that the State is 
                not implementing a program that meets the 
                requirements of this subsection, regardless of 
                whether the State has received a grant under 
                this subsection.
          (3) Other requirements.--
                  (A) Report.--A State recipient of a grant 
                under this subsection shall submit to the 
                Administrator, in such format and at such 
                intervals as the Administrator determines to be 
                appropriate, a report that describes--
                          (i) data collected as part of the 
                        program for monitoring and notification 
                        as described in subsection (c); and
                          (ii) actions taken to notify the 
                        [public] public and all environmental 
                        agencies of the State with authority to 
                        prevent or treat sources of pathogenic 
                        contamination in coastal recreation 
                        waters when water quality standards are 
                        exceeded.
                  (B) Delegation.--A State recipient of a grant 
                under this subsection shall identify each local 
                government to which the State has delegated or 
                intends to delegate responsibility for 
                implementing a monitoring and notification 
                program consistent with the performance 
                criteria published under subsection (a) 
                (including any coastal recreation waters for 
                which the authority to implement a monitoring 
                and notification program would be subject to 
                the delegation).
          (4) Federal share.--
                  (A) In general.--The Administrator, through 
                grants awarded under this section, may pay up 
                to 100 percent of the costs of developing and 
                implementing a program for monitoring and 
                notification under this subsection.
                  (B) Non-federal share.--The non-Federal share 
                of the costs of developing and implementing a 
                monitoring and notification program may be--
                          (i) in an amount not to exceed 50 
                        percent, as determined by the 
                        Administrator in consultation with 
                        State, tribal, and local government 
                        representatives; and
                          (ii) provided in cash or in kind.
          (5) Contents of monitoring and notification 
        programs.--For the purposes of this section, a program 
        for monitoring and notification shall include 
        monitoring consistent with the performance criteria 
        published by the Administrator under subsection (a), 
        public notification, source tracking, sanitary surveys, 
        and prevention efforts to address identified sources of 
        contamination by pathogens and pathogen indicators in 
        coastal recreation waters adjacent to beaches or 
        similar points of access that are used by the public.

           *       *       *       *       *       *       *

  (c) Content of State and Local Government Programs.--As a 
condition of receipt of a grant under subsection (b), a State 
or local government program for monitoring and notification 
under this section shall identify--
          (1) lists of coastal recreation waters in the State, 
        including coastal recreation waters adjacent to beaches 
        or similar points of access that are used by the 
        public;
          (2) in the case of a State program for monitoring and 
        notification, the process by which the State may 
        delegate to local governments responsibility for 
        implementing the monitoring and notification program;
          (3) the frequency and location of monitoring and 
        assessment of coastal recreation waters based on--
                  (A) the periods of recreational use of the 
                waters;
                  (B) the nature and extent of use during 
                certain periods;
                  (C) the proximity of the waters to known 
                point sources and nonpoint sources of 
                pollution; and
                  (D) any effect of storm events on the waters;
          (4)(A) the [methods] methods, including the use of a 
        rapid testing method after the last day of the 1-year 
        period following the date of validation of that rapid 
        testing method by the Administrator, to be used for 
        detecting levels of pathogens and pathogen indicators 
        that are harmful to human health; and

           *       *       *       *       *       *       *

          (5) measures for [prompt communication] 
        communication, within 2 hours of the receipt of the 
        results of a water quality sample, the occurrence, 
        nature, location, pollutants involved, and extent of 
        any exceeding of, or likelihood of exceeding, 
        applicable water quality standards for pathogens and 
        pathogen indicators to--
                  [(A) the Administrator, in such form as the 
                Administrator determines to be appropriate; 
                and]
                  (A)(i) in the case of any State in which the 
                Administrator is administering the program 
                under section 402, the Administrator, in such 
                form as the Administrator determines to be 
                appropriate; and
                  (ii) in the case of any State other than a 
                State to which clause (i) applies, all agencies 
                of the State government with authority to 
                require the prevention or treatment of the 
                sources of coastal recreation water pollution; 
                and
                  (B) a designated official of a local 
                government having jurisdiction over land 
                adjoining the coastal recreation waters for 
                which the failure to meet applicable standards 
                is identified;
          (6) measures for an annual report to the 
        Administrator, in such form as the Administrator 
        determines to be appropriate, on the occurrence, 
        nature, location, pollutants involved, and extent of 
        any exceedance of applicable water quality standards 
        for pathogens and pathogen indicators;
          [(6)] (7) measures for [the posting] the immediate 
        posting of signs at beaches or similar points of 
        access, or functionally equivalent communication 
        measures that are sufficient to give notice to the 
        public that the coastal recreation waters are not 
        meeting or are not expected to meet applicable water 
        quality standards for pathogens and pathogen 
        indicators; [and]
          [(7)] (8) measures that inform the public of the 
        potential risks associated with water contact 
        activities in the coastal recreation waters that do not 
        meet applicable water quality standards[.];
          (9) the availability of a geographical information 
        system database that the State or local government 
        program shall use to inform the public about coastal 
        recreation waters and that--
                  (A) is publicly accessible and searchable on 
                the Internet;
                  (B) is organized by beach or similar point of 
                access;
                  (C) identifies applicable water quality 
                standards, monitoring protocols, sampling plans 
                and results, and the number and cause of 
                coastal recreation water closures and advisory 
                days; and
                  (D) is updated within 24 hours of the 
                availability of revised information;
          (10) measures to ensure that closures or advisories 
        are made or issued within 2 hours after the receipt of 
        the results of a water quality sample exceeding 
        applicable water quality standards for pathogens and 
        pathogen indicators;
          (11) measures that inform the public of identified 
        sources of pathogenic contamination; and
          (12) analyses of monitoring protocols to determine 
        which protocols are most likely to detect pathogenic 
        contamination.

           *       *       *       *       *       *       *

  (g) List of Waters.--
          (1) In general.--Beginning not later than 18 months 
        after the date of publication of performance criteria 
        under subsection (a), based on information made 
        available to the Administrator, the Administrator shall 
        identify, and maintain a list of, discrete coastal 
        recreation waters adjacent to beaches or similar points 
        of access that are used by the public that--
                  (A) specifies any waters described in this 
                paragraph that are subject to a monitoring and 
                notification program consistent with the 
                performance criteria established under 
                subsection (a); and
                  (B) specifies any waters described in this 
                paragraph for which there is no monitoring and 
                notification program (including waters for 
                which fiscal constraints will prevent the State 
                or the Administrator from performing monitoring 
                and notification consistent with the 
                performance criteria established under 
                subsection (a)).
          (2) Availability.--The Administrator shall make the 
        list described in paragraph (1) available to the public 
        through--
                  (A) publication in the Federal Register; and
                  (B) electronic media.
          [(3) Updates.--The Administrator shall update the 
        list described in paragraph (1) periodically as new 
        information becomes available.]
          (3) Updates.--Not later than 1 year after the date of 
        enactment of the Clean Coastal Environment and Public 
        Health Act of 2009, and biennially thereafter, the 
        Administrator shall update the list described in 
        paragraph (1).
  (h) EPA Implementation.--[In the]
          (1) In general.--In the case of a State that has no 
        program for monitoring and notification that is 
        consistent with the performance criteria published 
        under subsection (a) after the last day of the 3-year 
        period beginning on the date on which the Administrator 
        lists waters in the State under subsection (g)(1)(B), 
        the Administrator shall conduct a monitoring and 
        notification program for the listed waters based on a 
        priority ranking established by the Administrator using 
        funds appropriated for grants under subsection (i)--
          [(1)]
                  (A) to conduct monitoring and notification; 
                and
          [(2)]
                  (B) for related salaries, expenses, and 
                travel.
          (2) Compliance review.--On or before July 31 of each 
        calendar year beginning 18 months after the date of 
        enactment of the Clean Coastal Environment and Public 
        Health Act of 2009, the Administrator shall--
                  (A) prepare a written assessment of 
                compliance with--
                          (i) all statutory and regulatory 
                        requirements of this section for each 
                        State and local government; and
                          (ii) conditions of each grant made 
                        under this section to a State or local 
                        government;
                  (B) notify the State or local government of 
                each such assessment; and
                  (C) make each of the assessments available to 
                the public in a searchable database on the 
                Internet on or before December 31 of the 
                applicable calendar year.
          (3) Corrective action.--If a State or local 
        government that the Administrator notifies under 
        paragraph (2) is not in compliance with any requirement 
        or grant condition described in paragraph (2) and fails 
        to take such action as is necessary to comply with the 
        requirement or condition by the date that is 1 year 
        after the date of notification, any grants made under 
        subsection (b) to the State or local government, after 
        the last day of that 1-year period and while the State 
        or local government is not in compliance with all 
        requirements and grant conditions described in 
        paragraph (2), shall have a Federal share of not to 
        exceed 50 percent.
          (4) GAO review.--Not later than December 31 of the 
        third calendar year beginning after the date of 
        enactment of the Clean Coastal Environment and Public 
        Health Act of 2009, the Comptroller General shall--
                  (A) conduct a review of the activities of the 
                Administrator under paragraphs (2) and (3) 
                during the first and second calendar years 
                beginning after that date of enactment; and
                  (B) submit to Congress a report on the 
                results of the review.
  (i) Authorization of Appropriations.--There is authorized to 
be appropriated for making grants under subsection (b), 
including implementation of monitoring and notification 
programs by the Administrator under subsection (h), 
[$30,000,000 for each of fiscal years 2001 through 2005] 
$60,000.000 for each fiscal years 2009 through 2013.
    Sec. 501. (a) The Administrator is authorized to prescribe 
such regulations as are necessary to carry out his functions 
under this Act.
    (b) * * *

           *       *       *       *       *       *       *

  Sec. 502. Except as otherwise specifically provided, when 
used in this Act:
          (1) The term ``State water pollution control agency'' 
        means the State agency designated by the Governor 
        having responsibility for enforcing State laws relating 
        to the abatement of pollution.
          (2) * * *

           *       *       *       *       *       *       *

          (26) Rapid testing method.--The term ``rapid testing 
        method'' means a method of testing the water quality of 
        coastal recreation waters for which results are 
        available as soon as practicable and not more than 4 
        hours after receipt of the applicable sample by the 
        testing facility.

BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000

           *       *       *       *       *       *       *

    Sec. 8. Authorization of Appropriations.--There are 
authorized to be appropriated to carry out the provisions of 
this Act, including the amendments made by this Act, for which 
amounts are not otherwise specifically authorized to be 
appropriated, such sums as are necessary for each of fiscal 
years 2001 through [2005] 2013.

           *       *       *       *       *       *       *

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