I 

111TH CONGRESS 

1ST SESSION H. R. 2093 

To amend the Federal Water Pollution Control Act relating to beach 

monitoring, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 23, 2009 

Mr. PALLONE (for himself, Mr. ACKERMAN, Mr. ADLER of New Jersey, Mr. 

BERMAN, Mr. BILBRAY, Mr. BISHOP of New York, Ms. BORDALLO, Mrs. 

CAPPS, Mrs. CHRISTENSEN, Mr. HALL of New York, Ms. HARMAN, Mr. 

ISRAEL, Mr. KING of New York, Mr. KIRK, Mr. KLEIN of Florida, Mrs. 

LOWEY, Mrs. MALONEY, Mr. MCINTYRE, Mr. GEORGE MILLER of California, Mr. ROTHMAN of New Jersey, Mr. SERRANO, Mr. SESTAK, Mr. 

WAXMAN, and Mr. WEINER) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act relating 

to beach monitoring, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Coastal Environ5 ment and Public Health Act of 2009’’. 


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1 SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION. 

2 (a) MONITORING PROTOCOLS.—Section 406(a) of the 

3 Federal Water Pollution Control Act (33 U.S.C. 1346(a)) 

4 is amended by striking ‘‘methods for monitoring’’ and in5 serting ‘‘methods for monitoring protocols that are most 

6 likely to detect pathogenic contamination’’. 

7 (b) SOURCE TRACKING.—Section 406(b) of such Act 

8 (33 U.S.C. 1346(b)) is amended by adding at the end the 

9 following new paragraph: 

10 ‘‘(5) CONTENTS OF MONITORING AND NOTIFI11 CATION PROGRAMS.—For the purposes of this sec12 tion, a program for monitoring and notification shall 

13 include monitoring consistent with the performance 

14 criteria published by the Administrator under sub15 section (a), public notification, source tracking, sani16 tary surveys, and prevention efforts to address iden17 tified sources of contamination by pathogens and 

18 pathogen indicators in coastal recreation waters ad19 jacent to beaches or similar points of access that are 

20 used by the public.’’. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 406(i) of such Act (33 U.S.C. 1346(i)) is amended by 

23 striking ‘‘$30,000,000 for each of fiscal years 2001 

24 through 2005’’ and inserting ‘‘$60,000,000 for each of fis25 cal years 2009 through 2013’’. 


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1 SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS2 MENT AND COASTAL HEALTH ACT. 

3 Section 8 of the Beaches Environmental Assessment 

4 and Coastal Health Act of 2000 (114 Stat. 877) is amend5 ed by striking ‘‘2005’’ and inserting ‘‘2013’’. 

6 SEC. 4. STATE REPORTS. 

7 Section 406(b)(3)(A)(ii) of the Federal Water Pollu8 tion Control Act (33 U.S.C. 1346(b)(3)(A)(ii)) is amended 

9 by striking ‘‘public’’ and inserting ‘‘public and all environ10 mental agencies of the State with authority to prevent or 

11 treat sources of pathogenic contamination in coastal recre12 ation waters’’. 

13 SEC. 5. USE OF RAPID TESTING METHODS. 

14 (a) CONTENTS OF STATE AND LOCAL GOVERNMENT

15 PROGRAMS.—Section 406(c)(4)(A) of the Federal Water 

16 Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is 

17 amended by striking ‘‘methods’’ and inserting ‘‘methods, 

18 including the use of a rapid testing method after the last 

19 day of the one-year period following the date of validation 

20 of that rapid testing method by the Administrator,’’. 

21 (b) REVISED CRITERIA.—Section 304(a)(9)(A) of 

22 such Act (33 U.S.C. 1314(a)(9)(A)) is amended by strik23 ing ‘‘methods, as appropriate’’ and inserting ‘‘methods, in24 cluding the use of rapid testing methods’’. 

25 (c) VALIDATION AND USE OF RAPID TESTING METH26 ODS.— 


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1 (1) VALIDATION OF RAPID TESTING METH2 ODS.—Not later than October 15, 2012, the Admin3 istrator of the Environmental Protection Agency 

4 shall complete an evaluation and validation of a 

5 rapid testing method for the water quality criteria 

6 and standards for pathogens and pathogen indica7 tors described in section 303(i)(1)(A) of the Federal 

8 Water Pollution Control Act (33 U.S.C. 

9 1313(i)(1)(A)). 

10 (2) GUIDANCE FOR USE OF RAPID TESTING

11 METHODS.— 

12 (A) IN GENERAL.—Not later than 180 

13 days after completion of the validation under 

14 paragraph (1), and after providing notice and 

15 an opportunity for public comment, the Admin16 istrator shall publish guidance for the use at 

17 coastal recreation waters adjacent to beaches or 

18 similar points of access that are used by the 

19 public of rapid testing methods that will en20 hance the protection of public health and safety 

21 through rapid public notification of any exceed22 ing of applicable water quality standards for 

23 pathogens and pathogen indicators. 

24 (B) PRIORITIZATION.—In developing such 

25 guidance, the Administrator shall require the 


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1 use of rapid testing methods at those beaches 

2 or similar points of access that are the most 

3 used by the public. 

4 (d) DEFINITION.—Section 502 of such Act (33 

5 U.S.C. 1362) is amended by adding at the end the fol6 lowing: 

7 ‘‘(26) RAPID TESTING METHOD.—The term 

8 ‘rapid testing method’ means a method of testing 

9 the water quality of coastal recreation waters for 

10 which results are available as soon as practicable 

11 and not more than 2 hours after the commencement 

12 of the rapid testing method.’’. 

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

14 AGENCIES. 

15 Section 406(c)(5) of the Federal Water Pollution 

16 Control Act (33 U.S.C. 1346(c)(5)) is amended— 

17 (1) by striking ‘‘prompt communication’’ and 

18 inserting ‘‘communication, within 2 hours of the re19 ceipt of the results of a water quality sample,’’; 

20 (2) in subparagraph (A)— 

21 (A) by inserting ‘‘(i) in the case of any 

22 State in which the Administrator is admin23 istering the program under section 402,’’ before 

24 ‘‘the Administrator’’ the first place it appears; 

25 and 


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1 (B) by inserting at the end the following: 

2 ‘‘(ii) in the case of any State other than a 

3 State to which clause (i) applies, all agencies of 

4 the State government with authority to require 

5 the prevention or treatment of the sources of 

6 coastal recreation water pollution; and’’; 

7 (3) by redesignating paragraphs (6) and (7) as 

8 paragraphs (7) and (8), respectively; and 

9 (4) by inserting after paragraph (5) the fol10 lowing: 

11 ‘‘(6) measures for an annual report to the Ad12 ministrator, in such form as the Administrator de13 termines appropriate, on the occurrence, nature, lo14 cation, pollutants involved, and extent of any exceed15 ing of applicable water quality standards for patho16 gens and pathogen indicators;’’. 

17 SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS. 

18 Section 406(c) of the Federal Water Pollution Con19 trol Act (33 U.S.C. 1346(c)) is amended— 

20 (1) in paragraph (7) (as redesignated by section 

21 6(3) of this Act)— 

22 (A) by striking ‘‘the posting’’ and inserting 

23 ‘‘the immediate posting’’; and 

24 (B) by striking ‘‘and’’ at the end; 


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1 (2) by striking the period at the end of para2 graph (8) (as redesignated by section 6(3) of this 

3 Act) and inserting a semicolon; and 

4 (3) by adding at the end the following: 

5 ‘‘(9) the availability of a geographic information 

6 system database that such State or local government 

7 program shall use to inform the public about coastal 

8 recreation waters and that— 

9 ‘‘(A) is publicly accessible and searchable 

10 on the Internet; 

11 ‘‘(B) is organized by beach or similar point 

12 of access; 

13 ‘‘(C) identifies applicable water quality 

14 standards, monitoring protocols, sampling plans 

15 and results, and the number and cause of coast16 al recreation water closures and advisory days; 

17 and 

18 ‘‘(D) is updated within 24 hours of the 

19 availability of revised information; 

20 ‘‘(10) measures to ensure that closures or 

21 advisories are made or issued within 2 hours after 

22 the receipt of a water quality sample exceeding ap23 plicable water quality standards for pathogens and 

24 pathogen indicators; 


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1 ‘‘(11) measures that inform the public of identi2 fied sources of pathogenic contamination; and 

3 ‘‘(12) analyses of monitoring protocols to deter4 mine which protocols are most likely to detect patho5 genic contamination.’’. 

6 SEC. 8. COMPLIANCE REVIEW. 

7 Section 406(h) of the Federal Water Pollution Con8 trol Act (33 U.S.C. 1346(h)) is amended— 

9 (1) by redesignating paragraphs (1) and (2) as 

10 subparagraphs (A) and (B), respectively; 

11 (2) by moving such subparagraphs 2 ems to the 

12 right; 

13 (3) by striking ‘‘In the’’ and inserting the fol14 lowing: 

15 ‘‘(1) IN GENERAL.—In the’’; and 

16 (4) by adding at the end the following: 

17 ‘‘(2) COMPLIANCE REVIEW.—On or before July 

18 31 of each calendar year beginning after the date of 

19 enactment of this paragraph, the Administrator 

20 shall— 

21 ‘‘(A) prepare a written assessment of com22 pliance with all statutory and regulatory re23 quirements of this section for each State and 

24 local government and of compliance with condiVerDate Nov 24 2008 04:57 Apr 25, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2093.IH H2093

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1 tions of each grant made under this section to 

2 a State or local government; 

3 ‘‘(B) notify the State or local government 

4 of such assessment; and 

5 ‘‘(C) make each of the assessments avail6 able to the public in a searchable database on 

7 the Internet on or before December 31 of such 

8 calendar year. 

9 ‘‘(3) CORRECTIVE ACTION.—If a State or local 

10 government that the Administrator notifies under 

11 paragraph (2) is not in compliance with any require12 ment or grant condition described in paragraph (2) 

13 fails to take such action as may be necessary to 

14 comply with such requirement or condition within 

15 one year after the date of notification, any grants 

16 made under subsection (b) to the State or local gov17 ernment, after the last day of such one-year period 

18 and while the State or local government is not in 

19 compliance with all requirements and grant condi20 tions described in paragraph (2), shall have a Fed21 eral share of not to exceed 50 percent. 

22 ‘‘(4) GAO REVIEW.—Not later than December 

23 31 of the third calendar year beginning after the 

24 date of enactment of this paragraph, the Comp25 troller General shall conduct a review of the activiVerDate Nov 24 2008 04:57 Apr 25, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2093.IH H2093

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1 ties of the Administrator under paragraphs (2) and 

2 (3) during the first and second calendar years begin3 ning after such date of enactment and submit to 

4 Congress a report on the results of such review.’’. 

5 SEC. 9. STUDY OF GRANT DISTRIBUTION FORMULA. 

6 (a) STUDY.—Not later than 30 days after the date 

7 of enactment of this Act, the Administrator of the Envi8 ronmental Protection Agency shall commence a study of 

9 the formula for the distribution of grants under section 

10 406 of the Federal Water Pollution Control Act (33 

11 U.S.C. 1346) for the purpose of identifying potential revi12 sions of such formula. 

13 (b) CONTENTS.—In conducting the study, the Ad14 ministrator shall consider the base cost to States of devel15 oping and maintaining water quality monitoring and noti16 fication programs, the States’ varied beach monitoring 

17 and notification needs, including beach mileage, beach 

18 usage, and length of beach season, and other factors that 

19 the Administrator determines to be appropriate. 

20 (c) CONSULTATION.—In conducting the study, the 

21 Administrator shall consult with appropriate Federal, 

22 State, and local agencies. 

23 (d) REPORT.—Not later than 12 months after the 

24 date of enactment of this Act, the Administrator shall sub25 mit to the Committee on Transportation and InfrastrucVerDate Nov 24 2008 04:57 Apr 25, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2093.IH H2093

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1 ture of the House of Representatives and the Committee 

2 on Environment and Public Works of the Senate a report 

3 on the results of the study, including any recommendation 

4 for revision of the distribution formula referred to in sub5 section (a). 

6 SEC. 10. PUBLICATION OF COASTAL RECREATION WATERS 

7 PATHOGEN LIST. 

8 Section 304(a)(9) of the Federal Water Pollution 

9 Control Act (33 U.S.C. 1314(a)(9)) is amended by adding 

10 at the end the following: 

11 ‘‘(C) PUBLICATION OF PATHOGEN AND

12 PATHOGEN INDICATOR LIST.—Upon publication 

13 of the new or revised water quality criteria 

14 under subparagraph (A), the Administrator 

15 shall publish in the Federal Register a list of all 

16 pathogens and pathogen indicators studied 

17 under section 104(v).’’. 

18 SEC. 11. ADOPTION OF NEW OR REVISED CRITERIA AND 

19 STANDARDS. 

20 Section 303(i)(2)(A) of the Federal Water Pollution 

21 Control Act (33 U.S.C. 1313(i)(2)(A)) is amended by 

22 striking ‘‘paragraph (1)(A)’’ each place it appears and in23 serting ‘‘paragraph (1)’’. 


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1 SEC. 12. NATIONAL LIST OF BEACHES. 

2 Section 406(g)(3) of the Federal Water Pollution 

3 Control Act (33 U.S.C. 1346(g)(3)) is amended by strik4 ing ‘‘The Administrator’’ and all that follows through the 

5 period and inserting ‘‘Within 12 months after the date of 

6 the enactment of the Clean Coastal Environment and Pub7 lic Health Act of 2009, and biennially thereafter, the Ad8 ministrator shall update the list described in paragraph 

9 (1).’’. 

10 SEC. 13. IMPACT OF CLIMATE CHANGE ON POLLUTION OF 

11 COASTAL RECREATION WATERS. 

12 (a) STUDY.—The Administrator of the Environ13 mental Protection Agency shall conduct a study on the 

14 long-term impact of climate change on pollution of coastal 

15 recreation waters. 

16 (b) REPORT.— 

17 (1) IN GENERAL.—Not later than one year 

18 after the date of enactment of this Act, the Adminis19 trator shall submit to Congress a report on the re20 sults of the study conducted under subsection (a). 

21 (2) INFORMATION ON POTENTIAL CONTAMI22 NANT IMPACTS.—The report shall include informa23 tion on potential contaminant impacts on ground 

24 and surface water resources as well as public and 

25 ecosystem health in coastal communities. 


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1 (3) MONITORING.—The report shall address 

2 monitoring required to document and assess chang3 ing conditions of coastal water resources, rec4 reational waters, and ecosystems and review the cur5 rent ability to assess and forecast impacts associated 

6 with long-term change. 

7 (4) FEDERAL ACTIONS.—The report shall high8 light necessary Federal actions to help advance the 

9 availability of information and tools to assess and 

10 mitigate these effects in order to protect public and 

11 ecosystem health. 

12 (5) CONSULTATION.—In developing the report, 

13 the Administrator shall work in consultation with 

14 agencies active in the development of the National 

15 Water Quality Monitoring Network and the imple16 mentation of the Ocean Research Priorities Plan and 

17 Implementation Strategy. 

Æ 


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