```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2093 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 2093

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2009

                                Received

                             August 7, 2009

  Read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 AN ACT

 
  To amend the Federal Water Pollution Control Act relating to beach 
                  monitoring, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Coastal Environment and Public 
Health Act of 2009''.

SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION.

    (a) Monitoring Protocols.--Section 406(a)(1)(A) of the Federal 
Water Pollution Control Act (33 U.S.C. 1346(a)(1)(A)) is amended by 
striking ``methods for monitoring'' and inserting ``protocols for 
monitoring that are most likely to detect pathogenic contamination''.
    (b) Source Tracking.--Section 406(b) of such Act (33 U.S.C. 
1346(b)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Source identification programs.--In carrying out a 
        monitoring and notification program, a State or local 
        government may develop and implement a coastal recreation 
        waters pollution source identification and tracking program for 
        coastal recreation waters adjacent to beaches or similar points 
        of access that are used by the public and are not meeting 
        applicable water quality standards for pathogens and pathogen 
        indicators.''.
    (c) Authorization of Appropriations.--Section 406(i) of such Act 
(33 U.S.C. 1346(i)) is amended by striking ``$30,000,000 for each of 
fiscal years 2001 through 2005'' and inserting ``$40,000,000 for each 
of fiscal years 2010 through 2014''.

SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH 
              ACT.

    Section 8 of the Beaches Environmental Assessment and Coastal 
Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and 
inserting ``2014''.

SEC. 4. STATE REPORTS.

    Section 406(b)(4)(A)(ii) of the Federal Water Pollution Control Act 
(as redesignated by section 2(b)(1) of this Act) is amended by striking 
``public'' and inserting ``public and all environmental agencies of the 
State with authority to prevent or treat sources of pathogenic 
contamination in coastal recreation waters''.

SEC. 5. USE OF RAPID TESTING METHODS.

    (a) Contents of State and Local Government Programs.--Section 
406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C. 
1346(c)(4)(A)) is amended by striking ``methods'' and inserting 
``methods, including a rapid testing method after the last day of the 
one-year period following the date of validation of that rapid testing 
method by the Administrator,''.
    (b) Revised Criteria.--Section 304(a)(9)(A) of such Act (33 U.S.C. 
1314(a)(9)(A)) is amended by striking ``methods, as appropriate'' and 
inserting ``methods, including rapid testing methods''.
    (c) Validation and Use of Rapid Testing Methods.--
            (1) Validation of rapid testing methods.--Not later than 
        October 15, 2012, the Administrator of the Environmental 
        Protection Agency (in this Act referred to as the 
        ``Administrator'') shall complete an evaluation and validation 
        of a rapid testing method for the water quality criteria and 
        standards for pathogens and pathogen indicators described in 
        section 304(a)(9)(A) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1314(a)(9)(A)).
            (2) Guidance for use of rapid testing methods.--
                    (A) In general.--Not later than 180 days after 
                completion of the validation under paragraph (1), and 
                after providing notice and an opportunity for public 
                comment, the Administrator shall publish guidance for 
                the use at coastal recreation waters adjacent to 
                beaches or similar points of access that are used by 
                the public of the rapid testing method that will 
                enhance the protection of public health and safety 
                through rapid public notification of any exceeding of 
                applicable water quality standards for pathogens and 
                pathogen indicators.
                    (B) Prioritization.--In developing such guidance, 
                the Administrator shall require the use of the rapid 
                testing method at those beaches or similar points of 
                access that are the most used by the public.
    (d) Definition.--Section 502 of such Act (33 U.S.C. 1362) is 
amended by adding at the end the following:
            ``(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 6 hours after the commencement of 
        the rapid testing method in the laboratory.''.
    (e) Revisions to Rapid Testing Methods.--
            (1) In general.--Upon completion of the validation required 
        under subsection (c)(1), and every 5 years thereafter, the 
        Administrator shall identify and review potential rapid testing 
        methods for existing water quality criteria for pathogens and 
        pathogen indicators for coastal recreation waters.
            (2) Revisions to rapid testing methods.--If a rapid testing 
        method identified under paragraph (1) will make results 
        available in less time and improve the accuracy and 
        reproducibility of results when compared to the existing rapid 
        testing method, the Administrator shall complete an evaluation 
        and validation of the rapid testing method as expeditiously as 
        practicable.
            (3) Reporting requirement.--Upon completion of the review 
        required under paragraph (1), the Administrator shall publish 
        in the Federal Register the results of the review, including 
        information on any potential rapid testing method proposed for 
        evaluation and validation under paragraph (2).
            (4) Declaration of goals for rapid testing methods.--It is 
        a national goal that by 2017, a rapid testing method for 
        testing water quality of coastal recreation waters be developed 
        that can produce accurate and reproducible results in not more 
        than 2 hours after commencement of the rapid testing method.

SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND LOCAL AGENCIES.

    Section 406(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(c)) is amended--
            (1) in paragraph (5) by striking ``prompt communication'' 
        and inserting ``communication, within 24 hours of the receipt 
        of the results of a water quality sample,'';
            (2) in subparagraph (A) of paragraph (5)--
                    (A) by inserting ``(i) in the case of any State in 
                which the Administrator is administering the program 
                under section 402,'' before ``the Administrator'' the 
                first place it appears; and
                    (B) by inserting at the end the following:
                    ``(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'';
            (3) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (4) by inserting after paragraph (5) the following:
            ``(6) measures for an annual report to the Administrator, 
        in such form as the Administrator determines appropriate, on 
        the occurrence, nature, location, pollutants involved, and 
        extent of any exceeding of applicable water quality standards 
        for pathogens and pathogen indicators;''.

SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.

    Section 406(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(c)) is amended--
            (1) in paragraph (7) (as redesignated by section 6(3) of 
        this Act)--
                    (A) by striking ``the posting'' and inserting ``the 
                immediate posting''; and
                    (B) by striking ``and'' at the end;
            (2) by striking the period at the end of paragraph (8) (as 
        redesignated by section 6(3) of this Act) and inserting a 
        semicolon; and
            (3) by adding at the end the following:
            ``(9) the availability of a geographic information system 
        database that such 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; and
            ``(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 that exceeds applicable water quality 
        standards for pathogens and pathogen indicators.''.

SEC. 8. COMPLIANCE REVIEW.

    Section 406(h) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(h)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by moving such subparagraphs 2 ems to the right;
            (3) by striking ``In the'' and inserting the following:
            ``(1) In general.--In the''; and
            (4) by adding at the end the following:
            ``(2) Compliance review.--On or before July 31 of each 
        calendar year beginning after the date of enactment of this 
        paragraph, the Administrator shall--
                    ``(A) prepare a written assessment of compliance 
                with all statutory and regulatory requirements of this 
                section for each State and local government and of 
                compliance with conditions of each grant made under 
                this section to a State or local government;
                    ``(B) notify the State or local government of 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 such 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) fails to take such action as may be necessary to 
        comply with such requirement or condition within one year after 
        the date of notification, any grants made under subsection (b) 
        to the State or local government, after the last day of such 
        one-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 this 
        paragraph, the Comptroller General shall conduct a review of 
        the activities of the Administrator under paragraphs (2) and 
        (3) during the first and second calendar years beginning after 
        such date of enactment and submit to Congress a report on the 
        results of such review.''.

SEC. 9. PUBLICATION OF COASTAL RECREATION WATERS PATHOGEN LIST.

    Section 304(a)(9) of the Federal Water Pollution Control Act (33 
U.S.C. 1314(a)(9)) is amended by adding at the end the following:
                    ``(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 
                under section 104(v).''.

SEC. 10. ADOPTION OF NEW OR REVISED CRITERIA AND STANDARDS.

    Section 303(i)(2)(A) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(i)(2)(A)) is amended by striking ``paragraph (1)(A)'' each 
place it appears and inserting ``paragraph (1)''.

SEC. 11. NATIONAL LIST OF BEACHES.

    Section 406(g)(3) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(g)(3)) is amended by striking ``The Administrator'' and all 
that follows through the period and inserting ``Within 12 months after 
the date of the 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).''.

SEC. 12. IMPACT OF CLIMATE CHANGE ON PATHOGENIC CONTAMINATION OF 
              COASTAL RECREATION WATERS.

    (a) Study.--The Administrator shall conduct a study on the long-
term impact of climate change on pathogenic contamination of coastal 
recreation waters.
    (b) Report.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a report on the results of the study conducted under 
        subsection (a).
            (2) Information on potential contaminant impacts.--The 
        report shall include information on the potential impacts of 
        pathogenic contamination on ground and surface water resources 
        as well as public and ecosystem health in coastal communities.
            (3) Monitoring.--The report shall address monitoring 
        required to document and assess changing conditions of coastal 
        water resources, recreational waters, and ecosystems and review 
        the current ability to assess and forecast impacts associated 
        with long-term change.
            (4) Federal actions.--The report shall highlight necessary 
        Federal actions to help advance the availability of information 
        and tools to assess and mitigate these effects in order to 
        protect public and ecosystem health.
            (5) Consultation.--In developing the report, the 
        Administrator shall work in consultation with agencies active 
        in the development of the National Water Quality Monitoring 
        Network and the implementation of the Ocean Research Priorities 
        Plan and Implementation Strategy.

SEC. 13. IMPACT OF EXCESS NUTRIENTS ON COASTAL RECREATION WATERS.

    (a) Study.--The Administrator shall conduct a study to review the 
available scientific information pertaining to the impacts of excess 
nutrients on coastal recreation waters.
    (b) Report.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Administrator shall transmit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report on the results of the study 
        conducted under subsection (a).
            (2) Impacts.--Such report shall include information on any 
        adverse impacts of excess nutrients on coastal recreation 
        waters, including adverse impacts caused by algal blooms 
        resulting from excess nutrients.
            (3) Recommendations.--Such report shall include 
        recommendations for action to address adverse impacts of excess 
        nutrients and algal blooms on coastal recreation waters, 
        including the establishment and implementation of numeric water 
        quality criteria for nutrients.
            (4) Consultation.--In developing such report, the 
        Administrator shall consult with the heads of other appropriate 
        Federal agencies (including the

              

         National Oceanic and Atmospheric Administration), States, and 
        local government entities.

            Passed the House of Representatives July 29, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```