II 

114TH CONGRESS 

1ST SESSION S. 460 

To amend the Safe Drinking Water Act to provide for the assessment and 

management of the risk of algal toxins in drinking water, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2015 

Mr. PORTMAN (for himself and Mr. BROWN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Safe Drinking Water Act to provide for the 

assessment and management of the risk of algal toxins 

in drinking water, 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 ‘‘Drinking Water Pro5 tection Act’’. 


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1 SEC. 2. ALGAL TOXIN RISK ASSESSMENT AND MANAGE2 MENT. 

3 (a) IN GENERAL.—Part E of the Safe Drinking 

4 Water Act (42 U.S.C. 300j et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 1459. ALGAL TOXIN RISK ASSESSMENT AND MANAGE7 MENT. 

8 ‘‘(a) DEFINITION OF FEASIBLE.—In this section, the 

9 term ‘feasible’ has the meaning given the term in section 

10 1412(b)(4)(D). 

11 ‘‘(b) STRATEGIC PLAN.— 

12 ‘‘(1) DEVELOPMENT.—Not later than 90 days 

13 after the date of enactment of this section, the Ad14 ministrator shall develop and submit to Congress a 

15 strategic plan for assessing and managing risks as16 sociated with algal toxins in drinking water provided 

17 by public water systems. 

18 ‘‘(2) INCLUSIONS.—The strategic plan shall in19 clude steps and timelines— 

20 ‘‘(A) to evaluate the risk to human health 

21 from drinking water provided by public water 

22 systems contaminated with algal toxins; 

23 ‘‘(B) to establish, publish, and update a 

24 comprehensive list of algal toxins that the Ad25 ministrator determines may have an adverse ef26 fect on human health when present in drinking 


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1 water provided by public water systems, taking 

2 into account likely exposure levels; 

3 ‘‘(C) to summarize— 

4 ‘‘(i) the known adverse human health 

5 effects of algal toxins included on the list 

6 published under subparagraph (B) when 

7 present in drinking water provided by pub8 lic water systems; and 

9 ‘‘(ii) factors that cause toxin-pro10 ducing cyanobacteria and algae to pro11 liferate and express toxins; 

12 ‘‘(D) with respect to algal toxins included 

13 on the list published under subparagraph (B), 

14 to determine whether— 

15 ‘‘(i) to publish health advisories pur16 suant to section 1412(b)(1)(F) for such 

17 algal toxins in drinking water provided by 

18 public water systems; 

19 ‘‘(ii) to establish guidance regarding 

20 feasible analytical methods to quantify the 

21 presence of algal toxins; and 

22 ‘‘(iii) to establish guidance regarding 

23 the frequency of monitoring necessary to 

24 determine if such algal toxins are present 


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1 in drinking water provided by public water 

2 systems; 

3 ‘‘(E) to recommend feasible treatment op4 tions, including procedures, equipment, and 

5 source water protection practices, to mitigate 

6 any adverse public health effects of algal toxins 

7 included on the list published under subpara8 graph (B); and 

9 ‘‘(F) to enter into cooperative agreements 

10 with, and provide technical assistance to, af11 fected States and public water systems, as iden12 tified by the Administrator, for the purpose of 

13 managing risks associated with algal toxins in14 cluded on the list published under subpara15 graph (B). 

16 ‘‘(3) UPDATES.—The Administrator shall, as 

17 appropriate, update and submit to Congress the 

18 strategic plan developed under paragraph (1). 

19 ‘‘(c) INFORMATION COORDINATION.—In carrying out 

20 this section, the Administrator shall— 

21 ‘‘(1) identify gaps in the Agency’s under22 standing of algal toxins, including— 

23 ‘‘(A) the human health effects of algal tox24 ins included on the list published under sub25 section (b)(2)(B); and 


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1 ‘‘(B) methods and means of testing and 

2 monitoring for the presence of harmful algal 

3 toxins in source water of, or drinking water 

4 provided by, public water systems; 

5 ‘‘(2) as appropriate, consult with— 

6 ‘‘(A) other Federal agencies that— 

7 ‘‘(i) examine or analyze cyanobacteria 

8 or algal toxins; or 

9 ‘‘(ii) address public health concerns 

10 related to harmful algal blooms; 

11 ‘‘(B) States; 

12 ‘‘(C) operators of public water systems; 

13 ‘‘(D) multinational agencies; 

14 ‘‘(E) foreign governments; 

15 ‘‘(F) research and academic institutions; 

16 and 

17 ‘‘(G) companies that provide relevant 

18 drinking water treatment options; and 

19 ‘‘(3) assemble and publish information from 

20 each Federal agency that has— 

21 ‘‘(A) examined or analyzed cyanobacteria 

22 or algal toxins; or 

23 ‘‘(B) addressed public health concerns re24 lated to harmful algal blooms. 


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1 ‘‘(d) USE OF SCIENCE.—The Administrator shall 

2 carry out this section in accordance with the requirements 

3 described in section 1412(b)(3)(A), as applicable.’’. 

4 (b) REPORT TO CONGRESS.—Not later than 90 days 

5 after the date of enactment of this Act, the Comptroller 

6 General of the United States shall prepare and submit to 

7 Congress a report that includes— 

8 (1) an inventory of funds— 

9 (A) expended by the United States, for 

10 each of fiscal years 2010 through 2014, to ex11 amine or analyze toxin-producing cyanobacteria 

12 and algae or address public health concerns re13 lated to harmful algal blooms; and 

14 (B) that includes the specific purpose for 

15 which the funds were made available, the law 

16 under which the funds were authorized, and the 

17 Federal agency that received or spent the 

18 funds; and 

19 (2) recommended steps to reduce any duplica20 tion, and improve interagency coordination, of such 

21 expenditures. 

Æ 


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