Clean Coastal Environment and Public Health Act of 2009

Bill: 111-hr-2093
Sponsor: Rep. Pallone, Frank, Jr. [D-NJ-6]
Introduced: 2009-04-23 in the House
Policy area: Environmental Protection
Subjects: Aquatic ecology
Climate change and greenhouse gases
Environmental assessment, monitoring, research
Environmental health
Government information and archives
Government studies and investigations
Infectious and parasitic diseases
Marine and coastal resources, fisheries
Outdoor recreation
Seashores and lakeshores
Water quality

Summary:
action_date: 2009-04-23
text: 
Clean Coastal Environment and Public Health Act of 2009 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Environmental Protection Agency (EPA) to specify in performance criteria for monitoring and assessing coastal recreation waters adjacent to beaches or similar points of interest (waters) available methods for monitoring protocols that are most likely to detect pathogenic contamination.
 
Requires coastal recreation water quality monitoring and notification programs to include monitoring consistent with such criteria, public notification, source tracking, sanitary surveys, and prevention efforts to address identified sources of contamination by pathogens and pathogen indicators in such waters that are used by the public.
 
Authorizes appropriations: (1) for grants to states and local governments for developing and implementing monitoring and notification programs for FY2007-FY2013; and (2) to implement the Beaches Environmental Assessment and Coastal Health Act of 2000 through FY2013. 
 
Revises requirements applicable to state recipients of monitoring and notification program grants, including to require such recipients to identify: (1) the use of a rapid testing method to detect levels of pathogens or pathogen indicators that are harmful to human health; (2) measures for communicating any exceeding of applicable water quality standards for pathogens and pathogen indicators to specified officials within two hours of the receipt of the results of a water sample; (3) measures to ensure that closures or advisories are made within two hours after the receipt of a water quality sample that exceeds such standards; and (4) measures that inform the public of identified sources of pathogenic contamination. .
 
Requires the EPA to: (1) prepare an annual assessment of the compliance of state and local governments with program requirements; (2) commence a study of the formula for the distribution of program grants; (3) update within 12 months after this Act's enactment and biennially thereafter (currently, periodically) the list indicating which coastal recreation waters adjacent to beaches used by the public are, and which of such waters are not, subject to a monitoring and notification program; and (4) study and report to Congress on the long-term impact of climate change on pollution of coastal recreation waters.

action_date: 2009-07-29
text: 
Clean Coastal Environment and Public Health Act of 2009 - (Sec. 2) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Environmental Protection Agency (EPA) to specify, in performance criteria for monitoring and assessing coastal recreation waters adjacent to beaches or similar points of interest (waters), available protocols for monitoring that are most likely to detect pathogenic contamination.
 
Authorizes states or local governments, in carrying out coastal recreation water quality monitoring and notification programs, to develop and implement a coastal recreation waters pollution source identification and tracking program for such waters that are used by the public and that are not meeting applicable water quality standards for pathogens and pathogen indicators. 
 
Authorizes appropriations for grants to states and local governments for developing and implementing monitoring and notification programs for FY2010-FY2014. 
 
(Sec. 3) Authorizes appropriations to carry out the Beaches Environmental Assessment and Coastal Health Act of 2000 through FY2014.
 
(Sec. 4) Requires a state recipient of a monitoring and notification program grant to report to the EPA Administrator on actions taken to notify state environmental agencies with authority to prevent or treat sources of pathogenic contamination in coastal recreation waters when water quality standards are exceeded.
 
(Sec. 5) Requires state or local government grant recipients to identify: (1) the use of a rapid testing method to detect levels of pathogens or pathogen indicators that are harmful to human health; (2) measures for communicating the results of a water sample concerning pollutants within 24 hours of receipt to specified officials and all state agencies with authority to require the prevention or treatment of the sources of pollution in coastal recreation waters; (3) measures for an annual report to the Administrator on the occurrence, nature, location, pollutants involved, and extent of any exceeding of applicable water quality standards for pathogens and pathogen indicators; (4) the availability of a geographic information system database that a state or local government program shall use to inform the public about coastal recreation waters, that is publicly accessible and searchable, that is updated within 24 hours of the availability of revised information, that is organized by beach, and that identifies applicable water quality standards, monitoring protocols, sampling plans and results, and the number and causes of beach closures and advisory days; and (5) measures to ensure that closures or advisories are made within two hours after the receipt of the results of a water quality sample that exceeds applicable water quality standards for pathogens and pathogen indicators.
 
Defines &quot;rapid testing method&quot; as a method of testing the water quality of coastal recreation waters for which results are available as soon as practicable and not more than six hours after its commencement in the laboratory. Requires the Administrator to: (1) include a revised list of rapid testing methods in the publication of new or revised water quality criteria; (2) publish with such criteria a list of pathogens and pathogen indicators studied; (3) complete an evaluation and validation of a rapid testing method for the water quality criteria and standards for pathogens and pathogen indicators by October 15, 2012; (4) publish guidance for the use, at coastal recreation waters adjacent to beaches that are used by the public, of the rapid testing methods that will enhance the protection of public health and safety through rapid public notification of any exceeding of applicable water quality standards for pathogens and pathogen indicators; (5) identify and review every five years potential rapid testing methods for existing water quality criteria for pathogens and pathogen indicators for coastal recreation waters and complete, as expeditiously as practicable, an evaluation and validation of any such method that will make results available in less time and improve the accuracy and reproducibility of results; and (6) publish the results of such review. Declares a national goal of developing a rapid testing method that can produce accurate and reproducible results in not more than two hours by 2017.
 
(Sec. 8) Requires: (1) a written assessment by the Administrator of state and local compliance with coastal recreation water quality monitoring and notification statutory and regulatory requirements and grant conditions; (2) corrective actions by governments not in compliance; and (3) a review by the Comptroller General of such compliance review and corrective actions.
 
(Sec. 11) Requires the Administrator to: (1) update the national list of beaches within 12 months after this Act's enactment and biennially thereafter (currently, periodically); (2) study and report to Congress on the long-term impact of climate change on pathogenic contamination of coastal recreation waters; and (3) conduct and report on a study to review the available scientific information pertaining to the impacts of excess nutrients on coastal recreation waters.


Legislative actions:
action_date: 2009-08-07
text: Read twice and referred to the Committee on Environment and Public Works.
action_date: 2009-07-30
text: Received in the Senate.
action_date: 2009-07-29
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-07-29
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 7/28/2009 H8928-8929)
action_date: 2009-07-29
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR 7/28/2009 H8928-8929)
action_date: 2009-07-29
text: Considered as unfinished business. (consideration: CR H9038)
action_date: 2009-07-28
text: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Boozman objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
action_date: 2009-07-28
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 2093.
action_date: 2009-07-28
text: Considered under suspension of the rules. (consideration: CR H8928-8932)
action_date: 2009-07-28
text: Ms. Johnson, E. B. moved to suspend the rules and pass the bill, as amended.
action_date: 2009-07-20
text: Placed on the Union Calendar, Calendar No. 116.
action_date: 2009-07-20
text: Reported (Amended) by the Committee on Transportation. H. Rept. 111-214.
action_date: 2009-07-20
text: Reported (Amended) by the Committee on Transportation. H. Rept. 111-214.
action_date: 2009-06-04
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2009-06-04
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-06-04
text: Subcommittee on Water Resources and Environment Discharged.
action_date: 2009-04-24
text: Referred to the Subcommittee on Water Resources and Environment.
action_date: 2009-04-23
text: Referred to the House Committee on Transportation and Infrastructure.
action_date: 2009-04-23
text: Introduced in House
action_date: 2009-04-23
text: Introduced in House