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 Cali-
fornia, Mr. ROTHMAN of New Jersey, Mr. SERRANO, Mr. SESTAK, Mr. 
WAXMAN, and Mr. WEINER) introduced the following bill; which was re-
ferred 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Coastal Environ-
ment and Public Health Act of 2009’’. 
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SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION. 
(a) MONITORING PROTOCOLS.—Section 406(a) of the 
Federal Water Pollution Control Act (33 U.S.C. 1346(a)) 
is amended by striking ‘‘methods for monitoring’’ and in-
serting ‘‘methods for monitoring protocols 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 by adding at the end the 
following new paragraph: 
‘‘(5) CONTENTS OF MONITORING AND NOTIFI-
CATION PROGRAMS.—For the purposes of this sec-
tion, a program for monitoring and notification shall 
include monitoring consistent with the performance 
criteria published by the Administrator under sub-
section (a), public notification, source tracking, sani-
tary surveys, and prevention efforts to address iden-
tified sources of contamination by pathogens and 
pathogen indicators in coastal recreation waters ad-
jacent to beaches or similar points of access that are 
used by the public.’’. 
(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 ‘‘$60,000,000 for each of fis-
cal years 2009 through 2013’’. 
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SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS-
MENT AND COASTAL HEALTH ACT. 
Section 8 of the Beaches Environmental Assessment 
and Coastal Health Act of 2000 (114 Stat. 877) is amend-
ed by striking ‘‘2005’’ and inserting ‘‘2013’’. 
SEC. 4. STATE REPORTS. 
Section 406(b)(3)(A)(ii) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1346(b)(3)(A)(ii)) is amended 
by striking ‘‘public’’ and inserting ‘‘public and all environ-
mental agencies of the State with authority to prevent or 
treat sources of pathogenic contamination in coastal recre-
ation 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 the use of 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 strik-
ing ‘‘methods, as appropriate’’ and inserting ‘‘methods, in-
cluding the use of rapid testing methods’’. 
(c) VALIDATION AND USE OF RAPID TESTING METH-
ODS.— 
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(1) VALIDATION
OF
RAPID
TESTING
METH-
ODS.—Not later than October 15, 2012, the Admin-
istrator of the Environmental Protection Agency 
shall complete an evaluation and validation of a 
rapid testing method for the water quality criteria 
and standards for pathogens and pathogen indica-
tors described in section 303(i)(1)(A) of the Federal 
Water 
Pollution 
Control 
Act 
(33 
U.S.C. 
1313(i)(1)(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 Admin-
istrator 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 rapid testing methods that will en-
hance the protection of public health and safety 
through rapid public notification of any exceed-
ing of applicable water quality standards for 
pathogens and pathogen indicators. 
(B) PRIORITIZATION.—In developing such 
guidance, the Administrator shall require the 
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use of rapid testing methods 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 fol-
lowing: 
‘‘(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 2 hours after the commencement 
of the rapid testing method.’’. 
SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND LOCAL 
AGENCIES. 
Section 406(c)(5) of the Federal Water Pollution 
Control Act (33 U.S.C. 1346(c)(5)) is amended— 
(1) by striking ‘‘prompt communication’’ and 
inserting ‘‘communication, within 2 hours of the re-
ceipt of the results of a water quality sample,’’; 
(2) in subparagraph (A)— 
(A) by inserting ‘‘(i) in the case of any 
State in which the Administrator is admin-
istering the program under section 402,’’ before 
‘‘the Administrator’’ the first place it appears; 
and 
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(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 fol-
lowing: 
‘‘(6) measures for an annual report to the Ad-
ministrator, in such form as the Administrator de-
termines appropriate, on the occurrence, nature, lo-
cation, pollutants involved, and extent of any exceed-
ing of applicable water quality standards for patho-
gens and pathogen indicators;’’. 
SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS. 
Section 406(c) of the Federal Water Pollution Con-
trol 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; 
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(2) by striking the period at the end of para-
graph (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 coast-
al recreation water closures and advisory days; 
and 
‘‘(D) is updated within 24 hours of the 
availability of revised information; 
‘‘(10) measures to ensure that closures or 
advisories are made or issued within 2 hours after 
the receipt of a water quality sample exceeding ap-
plicable water quality standards for pathogens and 
pathogen indicators; 
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‘‘(11) measures that inform the public of identi-
fied sources of pathogenic contamination; and 
‘‘(12) analyses of monitoring protocols to deter-
mine which protocols are most likely to detect patho-
genic contamination.’’. 
SEC. 8. COMPLIANCE REVIEW. 
Section 406(h) of the Federal Water Pollution Con-
trol 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 fol-
lowing: 
‘‘(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 com-
pliance with all statutory and regulatory re-
quirements of this section for each State and 
local government and of compliance with condi-
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tions 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 avail-
able 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 require-
ment 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 gov-
ernment, 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 condi-
tions described in paragraph (2), shall have a Fed-
eral 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 Comp-
troller General shall conduct a review of the activi-
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ties of the Administrator under paragraphs (2) and 
(3) during the first and second calendar years begin-
ning after such date of enactment and submit to 
Congress a report on the results of such review.’’. 
SEC. 9. STUDY OF GRANT DISTRIBUTION FORMULA. 
(a) STUDY.—Not later than 30 days after the date 
of enactment of this Act, the Administrator of the Envi-
ronmental Protection Agency shall commence a study of 
the formula for the distribution of grants under section 
406 of the Federal Water Pollution Control Act (33 
U.S.C. 1346) for the purpose of identifying potential revi-
sions of such formula. 
(b) CONTENTS.—In conducting the study, the Ad-
ministrator shall consider the base cost to States of devel-
oping and maintaining water quality monitoring and noti-
fication programs, the States’ varied beach monitoring 
and notification needs, including beach mileage, beach 
usage, and length of beach season, and other factors that 
the Administrator determines to be appropriate. 
(c) CONSULTATION.—In conducting the study, the 
Administrator shall consult with appropriate Federal, 
State, and local agencies. 
(d) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the Administrator shall sub-
mit to the Committee on Transportation and Infrastruc-
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ture of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a report 
on the results of the study, including any recommendation 
for revision of the distribution formula referred to in sub-
section (a). 
SEC. 10. 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. 11. 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 in-
serting ‘‘paragraph (1)’’. 
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SEC. 12. 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 strik-
ing ‘‘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 Pub-
lic Health Act of 2009, and biennially thereafter, the Ad-
ministrator shall update the list described in paragraph 
(1).’’. 
SEC. 13. IMPACT OF CLIMATE CHANGE ON POLLUTION OF 
COASTAL RECREATION WATERS. 
(a) STUDY.—The Administrator of the Environ-
mental Protection Agency shall conduct a study on the 
long-term impact of climate change on pollution of coastal 
recreation waters. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of enactment of this Act, the Adminis-
trator shall submit to Congress a report on the re-
sults of the study conducted under subsection (a). 
(2) INFORMATION
ON
POTENTIAL
CONTAMI-
NANT IMPACTS.—The report shall include informa-
tion on potential contaminant impacts on ground 
and surface water resources as well as public and 
ecosystem health in coastal communities. 
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(3) MONITORING.—The report shall address 
monitoring required to document and assess chang-
ing conditions of coastal water resources, rec-
reational waters, and ecosystems and review the cur-
rent ability to assess and forecast impacts associated 
with long-term change. 
(4) FEDERAL ACTIONS.—The report shall high-
light 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 imple-
mentation of the Ocean Research Priorities Plan and 
Implementation Strategy. 
Æ 
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