II 

115TH CONGRESS 

1ST SESSION S. 1622 

To amend the Federal Water Pollution Control Act relating to beach 

monitoring, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2017 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

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 ‘‘Beach Act of 2017’’. 

5 SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION. 

6 (a) MONITORING PROTOCOLS.—Section 406(a)(1)(A) 

7 of the Federal Water Pollution Control Act (33 U.S.C. 

8 1346(a)(1)(A)) is amended by striking ‘‘methods for mon9 itoring’’ and inserting ‘‘protocols for monitoring that are 

10 most likely to detect pathogenic contamination’’. 

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

2 (33 U.S.C. 1346(b)) is amended by adding at the end the 

3 following: 

4 ‘‘(5) CONTENTS OF MONITORING AND NOTIFI5 CATION PROGRAMS.—For the purposes of this sec6 tion, a program for monitoring, assessment, and no7 tification shall include, consistent with performance 

8 criteria published by the Administrator under sub9 section (a), monitoring, public notification, storm 

10 event testing, source tracking, and sanitary surveys, 

11 and may include prevention efforts, not already 

12 funded under this Act to address identified sources 

13 of contamination by pathogens and pathogen indica14 tors in coastal recreation waters adjacent to beaches 

15 or similar points of access that are used by the pub16 lic.’’. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 406(i) of such Act (33 U.S.C. 1346(i)) is amended by 

19 striking ‘‘2001 through 2005’’ and inserting ‘‘2017 

20 through 2021’’. 

21 SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS22 MENT AND COASTAL HEALTH ACT. 

23 Section 8 of the Beaches Environmental Assessment 

24 and Coastal Health Act of 2000 (Public Law 106–284) 

25 is amended by striking ‘‘2005’’ and inserting ‘‘2021’’. 

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1 SEC. 4. STATE REPORTS. 

2 Section 406(b)(3)(A)(ii)) of the Federal Water Pollu3 tion Control Act (33 U.S.C. 1346(b)(3)(A)(ii)) is amended 

4 by striking ‘‘public’’ and inserting ‘‘public and all environ5 mental agencies of the State with authority to prevent or 

6 treat sources of pathogenic contamination in coastal recre7 ation waters’’. 

8 SEC. 5. USE OF RAPID TESTING METHODS. 

9 (a) CONTENTS OF STATE AND LOCAL GOVERNMENT

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

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

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

13 including a rapid testing method after the last day of the 

14 one-year period after the date of validation of that rapid 

15 testing method by the Administrator,’’. 

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

17 such Act (33 U.S.C. 1314(a)(9)(A)) is amended by strik18 ing ‘‘methods, as appropriate’’ and inserting ‘‘methods, in19 cluding rapid testing methods’’. 

20 (c) VALIDATION AND USE OF RAPID TESTING METH21 ODS.— 

22 (1) VALIDATION OF RAPID TESTING METH23 ODS.—Not later than 6 months after the date of en24 actment of this Act, the Administrator of the Envi25 ronmental Protection Agency (in this Act referred to 

26 as the ‘‘Administrator’’) shall complete an evaluation 

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1 and validation of a rapid testing method for the 

2 water quality criteria and standards for pathogens 

3 and pathogen indicators described in section 

4 304(a)(9)(A) of the Federal Water Pollution Control 

5 Act (33 U.S.C. 1314(a)(9)(A)). 

6 (2) GUIDANCE FOR USE OF RAPID TESTING

7 METHODS.— 

8 (A) IN GENERAL.—Not later than 180 

9 days after completion of the validation under 

10 paragraph (1), after providing notice and an 

11 opportunity for public comment, the Adminis12 trator shall publish guidance for the use at 

13 coastal recreation waters adjacent to beaches or 

14 similar points of access that are used by the 

15 public of a rapid testing method that will en16 hance the protection of public health and safety 

17 through rapid public notification of any exceed18 ance of applicable water quality standards for 

19 pathogens and pathogen indicators. 

20 (B) PRIORITIZATION.—In developing such 

21 guidance, the Administrator shall require the 

22 use of a rapid testing method at those beaches 

23 or similar points of access that are the most 

24 used by the public. 

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

2 U.S.C. 1362) is amended by adding at the end the fol3 lowing: 

4 ‘‘(27) RAPID TESTING METHOD.—The term 

5 ‘rapid testing method’ means a method of testing 

6 the water quality of coastal recreation waters for 

7 which results are available as soon as practicable 

8 and not more than 4 hours after receipt of the appli9 cable sample by the testing facility.’’. 

10 (e) REVISIONS TO RAPID TESTING METHODS.— 

11 (1) IN GENERAL.—Upon completion of the vali12 dation required under subsection (c)(1), and every 5 

13 years thereafter, the Administrator shall identify 

14 and review potential rapid testing methods for exist15 ing water quality criteria for pathogens and patho16 gen indicators for coastal recreation waters. 

17 (2) REVISIONS TO RAPID TESTING METHODS.— 

18 If a rapid testing method identified under paragraph 

19 (1) will make results available in less time and im20 prove the accuracy and reproducibility of results 

21 when compared to the existing rapid testing method, 

22 the Administrator shall complete an evaluation and 

23 validation of the rapid testing method as expedi24 tiously as practicable. 

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1 (3) REPORTING REQUIREMENT.—Upon comple2 tion of the review required under paragraph (1), the 

3 Administrator shall publish in the Federal Register 

4 the results of the review, including information on 

5 any potential rapid testing method proposed for 

6 evaluation and validation under paragraph (2). 

7 (4) DECLARATION OF GOALS FOR RAPID TEST8 ING METHODS.—It is a national goal that by 2019, 

9 a rapid testing method for testing water quality of 

10 coastal recreation waters be developed that can 

11 produce accurate and reproducible results in not 

12 more than 2 hours after receipt of the applicable 

13 sample. 

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

15 AGENCIES. 

16 Section 406(c) of the Federal Water Pollution Con17 trol Act (33 U.S.C. 1346(c)) is amended— 

18 (1) in paragraph (5), in the matter preceding 

19 subparagraph (A), by striking ‘‘prompt communica20 tion’’ and inserting ‘‘communication, within 2 hours 

21 of the receipt of the results of a water quality sam22 ple,’’; 

23 (2) by striking paragraph (5)(A) and inserting 

24 the following: 

25 ‘‘(A) in the case of— 

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1 ‘‘(i) any State in which the Adminis2 trator is administering the program under 

3 section 402, the Administrator, in such 

4 form as the Administrator determines to 

5 be appropriate; and 

6 ‘‘(ii) any State other than a State to 

7 which clause (i) applies, all agencies of the 

8 State government with authority to require 

9 the prevention or treatment of the sources 

10 of coastal recreation water pollution; and’’; 

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

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

13 (4) by inserting after paragraph (5) the fol14 lowing: 

15 ‘‘(6) measures for an annual report to the Ad16 ministrator, in such form as the Administrator de17 termines appropriate, on the occurrence, nature, lo18 cation, pollutants involved, and extent of any exceed19 ance of applicable water quality standards for patho20 gens and pathogen indicators;’’. 

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

22 Section 406(c) of the Federal Water Pollution Con23 trol Act (33 U.S.C. 1346(c)) is amended— 

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

25 6(3) of this Act)— 

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

2 ‘‘the immediate posting’’; and 

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

4 (2) by striking the period at the end of para5 graph (8) (as redesignated by section 6(3) of this 

6 Act) and inserting a semicolon; and 

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

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

9 system database that such State or local government 

10 program shall use to inform the public about coastal 

11 recreation waters and that— 

12 ‘‘(A) is publicly accessible and searchable 

13 on the Internet; 

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

15 of access; 

16 ‘‘(C) identifies applicable water quality 

17 standards, monitoring protocols, sampling plans 

18 and results, and the number and cause of coast19 al recreation water closures and advisory days; 

20 and 

21 ‘‘(D) is updated within 12 hours of the 

22 availability of information indicating the pres23 ence of pathogens or pathogen indicators; and 

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

25 advisories are made or issued within 2 hours after 

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1 the receipt of the results of a water quality sample 

2 that exceeds applicable water quality standards for 

3 pathogens and pathogen indicators.’’. 

4 SEC. 8. COMPLIANCE REVIEW. 

5 Section 406(h) of the Federal Water Pollution Con6 trol Act (33 U.S.C. 1346(h)) is amended— 

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

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

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

10 right; 

11 (3) by striking ‘‘In the’’ and inserting the fol12 lowing: 

13 ‘‘(1) IN GENERAL.—In the’’; and 

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

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

16 31 of each calendar year beginning after the date of 

17 enactment of this paragraph, the Administrator 

18 shall— 

19 ‘‘(A) prepare a written assessment of com20 pliance with all statutory and regulatory re21 quirements of this section for each State and 

22 local government and of compliance with condi23 tions of each grant made under this section to 

24 a State or local government; 

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

2 of such assessment; and 

3 ‘‘(C) make each of the assessments avail4 able to the public in a searchable database on 

5 the Internet on or before December 31 of such 

6 calendar year. 

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

8 government that the Administrator notifies under 

9 paragraph (2) is not in compliance with any require10 ment or grant condition described in paragraph (2) 

11 fails to take such action as may be necessary to 

12 comply with such requirement or condition within 

13 one year after the date of notification, any grants 

14 made under subsection (b) to the State or local gov15 ernment, after the last day of such one-year period 

16 and while the State or local government is not in 

17 compliance with all requirements and grant condi18 tions described in paragraph (2), shall have a Fed19 eral share of not to exceed 50 percent. 

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

21 31 of the third calendar year beginning after the 

22 date of enactment of this paragraph, the Comp23 troller General shall conduct a review of the activi24 ties of the Administrator under paragraphs (2) and 

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1 ning after such date of enactment and submit to 

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

3 SEC. 9. PUBLICATION OF COASTAL RECREATION WATERS 

4 PATHOGEN LIST. 

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

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

7 at the end the following: 

8 ‘‘(C) PUBLICATION OF PATHOGEN AND

9 PATHOGEN INDICATOR LIST.—Upon publication 

10 of the new or revised water quality criteria 

11 under subparagraph (A), the Administrator 

12 shall publish in the Federal Register a list of all 

13 pathogens and pathogen indicators studied 

14 under section 104(v).’’. 

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

16 STANDARDS. 

17 Section 303(i) of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1313(i)) is amended— 

19 (1) in paragraph (1)(A), by striking ‘‘water 

20 quality criteria and standards’’ and inserting ‘‘the 

21 most protective water quality criteria and standards 

22 practicable’’; and 

23 (2) in paragraph (2)(A), by striking ‘‘paragraph 

24 (1)(A)’’ each place it appears and inserting ‘‘para25 graph (1)’’. 

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1 SEC. 11. NATIONAL LIST OF BEACHES. 

2 Section 406(g) of the Federal Water Pollution Con3 trol Act (33 U.S.C. 1346(g)) is amended— 

4 (1) in paragraph (1), by inserting ‘‘, regardless 

5 of the presence of a lifeguard,’’ after ‘‘that are used 

6 by the public’’; and 

7 (2) in paragraph (3), by striking ‘‘The Adminis8 trator’’ and all that follows through the period and 

9 inserting ‘‘Not later than 12 months after the date 

10 of the enactment of the Beach Act of 2017, and bi11 ennially thereafter, the Administrator shall update 

12 the list described in paragraph (1).’’. 

13 SEC. 12. IMPACT OF CLIMATE CHANGE ON PATHOGENIC 

14 CONTAMINATION OF COASTAL RECREATION 

15 WATERS. 

16 (a) STUDY.—The Administrator shall conduct a 

17 study on the long-term impact of climate change on patho18 genic contamination of coastal recreation waters. 

19 (b) REPORT.— 

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

21 after the date of enactment of this Act, the Adminis22 trator shall submit to Congress a report on the re23 sults of the study conducted under subsection (a). 

24 (2) INFORMATION ON POTENTIAL CONTAMINA25 TION IMPACTS.—The report shall include informa26 tion on the potential impacts of pathogenic contamimstockstill on DSK30JT082PROD with BILLS

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1 nation on ground and surface water resources as 

2 well as public and ecosystem health in coastal com3 munities. 

4 (3) FEDERAL ACTIONS.—The report shall high5 light necessary Federal actions to help advance the 

6 availability of information and tools to assess and 

7 mitigate these effects in order to protect public and 

8 ecosystem health. 

9 (4) CONSULTATION.—In developing the report, 

10 the Administrator shall work in consultation with 

11 agencies active in the development of the National 

12 Water Quality Monitoring Network and the imple13 mentation of the Ocean Research Priorities Plan and 

14 Implementation Strategy. 

15 SEC. 13. IMPACT OF EXCESS NUTRIENTS ON COASTAL 

16 RECREATION WATERS. 

17 (a) STUDY.—The Administrator shall conduct a 

18 study to review the available scientific information per19 taining to the impacts of excess nutrients on coastal recre20 ation waters. 

21 (b) REPORT.— 

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

23 after the date of enactment of this Act, the Adminis24 trator shall transmit to the Committee on Transpor25 tation and Infrastructure of the House of Representmstockstill on DSK30JT082PROD with BILLS

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1 atives and the Committee on Environment and Pub2 lic Works of the Senate a report on the results of 

3 the study conducted under subsection (a). 

4 (2) IMPACTS.—Such report shall include infor5 mation on any adverse impacts of excess nutrients 

6 on coastal recreation waters, including adverse im7 pacts caused by algal blooms resulting from excess 

8 nutrients. 

9 (3) RECOMMENDATIONS.—Such report shall in10 clude recommendations for action to address adverse 

11 impacts of excess nutrients and algal blooms on 

12 coastal recreation waters, including the establish13 ment and implementation of numeric water quality 

14 criteria for nutrients. 

15 (4) CONSULTATION.—In developing such re16 port, the Administrator shall consult with the heads 

17 of other appropriate Federal agencies (including the 

18 National Oceanic and Atmospheric Administration), 

19 States, and local government entities. 

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