II 

110TH CONGRESS 

1ST SESSION S. 1506 

To amend the Federal Water Pollution Control Act to modify provisions 

relating to beach monitoring, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2007 

Mr. LAUTENBERG (for himself and 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 to modify 

provisions 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 Protection Act 

5 of 2007’’. 

6 SEC. 2. BEACH WATER POLLUTION SOURCE IDENTIFICA7 TION AND PREVENTION. 

8 (a) IN GENERAL.—Section 406 of the Federal Water 

9 Pollution Control Act (33 U.S.C. 1346) is amended in 


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1 each of subsections (b), (c), (d), (g), and (h) by striking 

2 ‘‘monitoring and notification’’ each place it appears and 

3 inserting ‘‘monitoring, public notification, source tracking, 

4 sanitary surveys, and prevention efforts to address the 

5 identified sources of beachwater pollution’’. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 406(i) of the Federal Water Pollution Control Act (33 

8 U.S.C. 1346(i)) is amended by striking ‘‘$30,000,000 for 

9 each of fiscal years 2001 through 2005’’ and inserting 

10 ‘‘$60,000,000 for each of fiscal years 2007 through 

11 2012’’. 

12 SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS13 MENT AND COASTAL HEALTH ACT. 

14 Section 8 of the Beaches Environmental Assessment 

15 and Coastal Health Act of 2000 (114 Stat. 877) is amend16 ed by striking ‘‘2005’’ and inserting ‘‘2012’’. 

17 SEC. 4. STATE REPORTS. 

18 Section 406(b)(3)(A)(ii) of the Federal Water Pollu19 tion Control Act (33 U.S.C. 1346(b)(3)(A)(ii)) is amended 

20 by inserting ‘‘and all environmental agencies of the State 

21 with authority to prevent or treat sources of beachwater 

22 pollution’’ after ‘‘public’’. 

23 SEC. 5. USE OF RAPID TESTING METHODS. 

24 (a) CONTENTS OF STATE AND LOCAL GOVERNMENT

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


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

2 amended by inserting ‘‘, including the use of a rapid test3 ing method after the last day of the 1-year period fol4 lowing the date of approval of the rapid testing method 

5 by the Administrator’’ before the semicolon at the end. 

6 (b) REVISED CRITERIA.—Section 304(a)(9) of the 

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

8 1314(a)(9)) is amended— 

9 (1) by inserting ‘‘rapid’’ before ‘‘testing’’; and 

10 (2) by striking ‘‘, as appropriate’’. 

11 (c) DEFINITION.—Section 502 of the Federal Water 

12 Pollution Control Act (33 U.S.C. 1362) is amended by 

13 adding at the end the following: 

14 ‘‘(25) RAPID TESTING METHOD.—The term 

15 ‘rapid testing method’ means a method of testing for 

16 which results are available within 2 hours.’’. 

17 SEC. 6. PROMPT COMMUNICATION WITH STATE ENVIRON18 MENTAL AGENCIES. 

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

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

21 (1) in the matter preceding subparagraph (A), 

22 by striking ‘‘prompt communication’’ and inserting 

23 ‘‘communication within 24 hours of the receipt of 

24 the results of a water quality sample’’; 


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1 (2) in subparagraph (A), by striking ‘‘and’’ at 

2 the end; 

3 (3) in subparagraph (B), by inserting ‘‘and’’ 

4 after the semicolon at the end; and 

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

6 ‘‘(C) all agencies of the State government 

7 with authority to require the prevention or 

8 treatment of the sources of beachwater pollu9 tion;’’. 

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

11 Section 406(c) of the Federal Water Pollution Con12 trol Act (33 U.S.C. 1346(c)) is amended— 

13 (1) in paragraph (6), by striking ‘‘and’’ at the 

14 end; 

15 (2) in paragraph (7), by striking the period at 

16 the end and inserting a semicolon; 

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

18 ‘‘(8) measures to develop and implement a 

19 beachwater pollution source identification and track20 ing program for the coastal recreation waters that 

21 are not meeting applicable water quality standards 

22 for pathogens; 

23 ‘‘(9) a publicly accessible and searchable global 

24 information system database with information up25 dated within 24 hours of the availability of the inforVerDate Aug 31 2005 22:04 May 29, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1506.IS S1506

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1 mation, organized by beach and with defined stand2 ards, sampling plan, monitoring protocols, sampling 

3 results, and number and cause of beach closing and 

4 advisory days; and 

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

6 advisories are made or issued within 24 hours after 

7 the State government determines that any coastal 

8 recreation waters in the State are not meeting or are 

9 not expected to meet applicable water quality stand10 ards for pathogens.’’. 

11 SEC. 8. COMPLIANCE REVIEW. 

12 Section 406(h) of the Federal Water Pollution Con13 trol Act (33 U.S.C. 1346(h)) is amended— 

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

15 subparagraphs (A) and (B), respectively, and indent16 ing the subparagraphs appropriately; 

17 (2) by striking ‘‘In the’’ and inserting the fol18 lowing: ‘‘(1) IN GENERAL.—In the’’; and 

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

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

21 31 of each calendar year beginning after the date of 

22 enactment of this paragraph, the Administrator 

23 shall— 

24 ‘‘(A) prepare a written assessment of com25 pliance with all statutory and regulatory reVerDate Aug 31 2005 22:04 May 29, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1506.IS S1506

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1 quirements of this section for each State and 

2 local government and of compliance with condi3 tions of each grant made under this section to 

4 a State or local government; 

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

6 of the assessment; and 

7 ‘‘(C) make each of the assessments avail8 able to the public in a searchable database on 

9 or before December 31 of the calendar year. 

10 ‘‘(3) CORRECTIVE ACTION.— 

11 ‘‘(A) IN GENERAL.—Any State or local 

12 government that the Administrator notifies 

13 under paragraph (2) that the State or local gov14 ernment is not in compliance with any require15 ment or grant condition described in paragraph 

16 (2) shall take such action as is necessary to 

17 comply with the requirement or condition by 

18 not later than 1 year after the date of the noti19 fication. 

20 ‘‘(B) NONCOMPLIANCE.—If the State or 

21 local government is not in compliance with such 

22 a requirement or condition by the date that is 

23 1 year after the deadline specified in subpara24 graph (A), any grants made under subsection 

25 (b) to the State or local government, after the 


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1 last day of the 1-year period and while the 

2 State or local government is not in compliance 

3 with all requirements and grant conditions de4 scribed in paragraph (2), shall require a Fed5 eral share of not to exceed 50 percent. 

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

7 31 of the third calendar year beginning after the 

8 date of enactment of this paragraph, the Comp9 troller General of the United States shall— 

10 ‘‘(A) conduct a review of the activities of 

11 the Administrator under paragraphs (2) and 

12 (3) during the first and second calendar years 

13 beginning after that date of enactment; and 

14 ‘‘(B) submit to Congress a report on the 

15 results of the review.’’. 

Æ 


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