[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 950 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 950

To amend the Federal Water Pollution Control Act to improve the quality 
   of beaches and coastal recreation waters, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 1999

 Mr. Pallone introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to improve the quality 
   of beaches and coastal recreation waters, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beaches Environmental Assessment, 
Closure, and Health Act of 1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Nation's beaches and coastal recreation waters are 
        valuable public resources used for recreation by millions of 
        people annually;
            (2) the beaches of coastal States are hosts to many out-of-
        State and international visitors;
            (3) tourism in the coastal zone generates billions of 
        dollars annually;
            (4) increased population and urbanization of the watershed 
        have contributed to the decline in the environmental quality of 
        coastal waters;
            (5) pollution in coastal waters is not restricted by State 
        and other political boundaries;
            (6) coastal States have different methods of testing, and 
        parameters for evaluating, the quality of coastal recreation 
        waters, providing varying degrees of protection to the public;
            (7) the adoption of consistent criteria by coastal States 
        for monitoring and evaluating the quality of coastal recreation 
        waters, and the posting of signs at beaches notifying the 
        public during periods when the standards are exceeded, would 
        enhance public health and safety; and
            (8) while the adoption of such criteria will enhance public 
        health and safety, exceedances of such criteria should be 
        addressed (for example, as part of a watershed approach to 
        effectively identify and eliminate sources of pollution).
    (b) Purpose.--The purpose of this Act is to require uniform 
criteria and procedures for testing, monitoring, and notifying users of 
those coastal recreation waters and beaches open for use by the public 
in order to protect public safety and improve environmental quality.

SEC. 3. BEACH AND COASTAL RECREATION WATER QUALITY.

    The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is 
amended by adding at the end the following:

        ``TITLE VII--BEACH AND COASTAL RECREATION WATER QUALITY

``SEC. 701. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) Coastal recreation waters.--The term `coastal 
        recreation waters' means waters adjacent to public beaches of 
        the Great Lakes and other marine coastal waters (including 
        bays, lagoon mouths, and coastal estuaries within the tidal 
        zone) used by the public for swimming, bathing, surfing, or 
        other similar water contact activities.
            ``(2) Floatable materials.--The term `floatable materials' 
        means any foreign matter that may float or remain suspended in 
        the water column and includes plastic, aluminum cans, wood, 
        bottles, paper products, and fishing gear.

``SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY 
              STATES.

    ``(a) General Rule.--A State shall adopt water quality criteria for 
coastal recreation waters which, at a minimum, are consistent with the 
criteria published by the Administrator under section 304(a)(1) not 
later than 3\1/2\ years following the date of the enactment of this 
title. Such water quality criteria shall be developed and promulgated 
in accordance with the requirements of section 303(c). A State shall 
incorporate such criteria into all appropriate programs into which such 
State would incorporate other water quality criteria adopted under 
section 303(c) and revise such criteria not later than 3 years 
following the date of publication of revisions by the Administrator 
under section 703(b).
    ``(b) Failure of States To Adopt.--If a State has not complied with 
subsection (a) by the last day of the 3\1/2\-year period beginning on 
the date of the enactment of this title, the water quality criteria 
issued by the Administrator under section 304(a)(1) shall become 
applicable as the water quality criteria for coastal recreational 
waters for the State, and shall be deemed to have been promulgated by 
the Administrator pursuant to section 303(c)(4).

``SEC. 703. REVISIONS TO WATER QUALITY CRITERIA.

    ``(a) Studies.--After consultation with appropriate Federal, State, 
and local officials, including local health officials, and other 
interested persons, but not later than the last day of the 3-year 
period beginning on the date of the enactment of this Act, the 
Administrator shall conduct, in cooperation with the Under Secretary of 
Commerce for Oceans and Atmosphere, studies to provide additional 
information to the current base of knowledge for use in developing--
            ``(1) a more complete list of potential human health risks 
        from inhalation, ingestion, or body contact with coastal 
        recreation waters, including effects to the upper respiratory 
        system;
            ``(2) appropriate and effective indicators for improving 
        direct detection of the presence of pathogens that are harmful 
        to human health in coastal recreational waters;
            ``(3) appropriate, accurate, and expeditious methods 
        (including predictive models) for detecting the presence of 
        pathogens, harmful to human health, found in coastal recreation 
        waters; and
            ``(4) guidance for the State-to-State application of the 
        criteria to be issued under subsection (b) to account for the 
        diversity of geographic and aquatic conditions nationwide.
    ``(b) Revised Criteria.--Based on the results of the studies 
conducted under subsection (a), the Administrator, after consultation 
with appropriate Federal, State, and local officials, including local 
health officials, and other interested persons, shall--
            ``(1) issue, within 5 years after the date of the enactment 
        of this title, revised water quality criteria for pathogens in 
        coastal recreation waters that are harmful to human health, 
        including a revised list of indicators and testing methods; and
            ``(2) review and revise such criteria from time to time 
        thereafter, but in no event less than once every 5 years.

``SEC. 704. COASTAL BEACH WATER QUALITY MONITORING.

    ``(a) Monitoring.--Within 18 months after the date of enactment of 
this title, the Administrator shall publish regulations requiring 
monitoring by States of those coastal recreation waters and beaches 
open for use by the public for compliance with applicable water quality 
criteria and protection of public safety. Monitoring requirements 
established pursuant to this subsection shall specify, at a minimum--
            ``(1) available monitoring methods to be used by States;
            ``(2) the frequency and location of monitoring based on--
                    ``(A) the periods of recreational use of such 
                waters;
                    ``(B) the extent and degree of use during such 
                periods; and
                    ``(C) the proximity of coastal recreation waters to 
                known or identified point and nonpoint sources of 
                pollution and in relation to storm events;
            ``(3) methods for detecting levels of pathogens that are 
        harmful to human health and for identifying short-term 
        increases in pathogens that are harmful to human health in 
        coastal recreation waters, including in relation to storm 
        events; and
            ``(4) conditions and procedures under which discrete areas 
        of coastal recreation waters may be exempted by the 
        Administrator from the monitoring requirements of this 
        subsection, if the Administrator determines that an exemption 
        will not impair compliance with the applicable water quality 
        criteria for those waters and protection of public safety.
    ``(b) Notification.--
            ``(1) Requirement.--Regulations published pursuant to 
        subsection (a) shall require States to provide prompt 
        notification to local governments, the public, and the 
        Administrator of an exceedance of applicable water quality 
        criteria for State coastal recreation waters or the immediate 
        likelihood of such an exceedance.
            ``(2) Contents.--Notification pursuant to this subsection 
        shall include, at a minimum--
                    ``(A) prompt communication of the occurrence, 
                nature, extent, location, and substances (including 
                pathogens) of such an exceedance, or the immediate 
                likelihood of such an exceedance, to a designated 
                official of a local government having jurisdiction over 
                land adjoining the coastal recreation waters for which 
                an exceedance is identified; and
                    ``(B) posting of signs for the period during which 
                the exceedance continues, sufficient to give notice to 
                the public of an exceedance of applicable water quality 
                criteria for such waters and the potential risks 
                associated with water contact activities in such 
                waters.
    ``(c) Review and Revision of Regulations.--The Administrator shall 
review and revise regulations published pursuant to this section 
periodically, but in no event less than once every 5 years.
    ``(d) State Implementation.--A State must implement a monitoring 
and notification program that conforms to the regulations issued 
pursuant to subsections (a) and (b) not later than 3\1/2\ years after 
the date of the enactment of this title and revise such program not 
later than 2 years following the date of publication of revisions by 
the Administrator under subsection (c).
    ``(e) Delegation of Responsibility.--Not later than 18 months after 
the date of the enactment of this title, the Administrator shall issue 
guidance establishing core performance measures for testing, 
monitoring, and notification programs and the delegation of such 
programs under this section to local government authorities. In the 
case that such responsibilities are delegated by a State to a local 
government authority, or have been delegated to a local government 
authority before such date of enactment, in a manner that, at a 
minimum, is consistent with the guidance issued by the Administrator, 
State resources, including grants made under section 706, shall be 
made available to the delegated authority for the purpose of program 
implementation.
    ``(f) Floatable Materials Monitoring Procedures.--The Administrator 
shall provide technical assistance to States for the implementation of 
uniform assessment and monitoring procedures for floatable materials in 
coastal recreation waters and specify the conditions under which the 
presence of floatable material will constitute a threat to public 
health and safety.
    ``(g) Occurrence Database.--The Administrator shall establish, 
maintain, and make available to the public by electronic and other 
means--
            ``(1) a national coastal recreation water pollution 
        occurrence database, using reliable information, including that 
        reported under subsection (b); and
            ``(2) a listing of those communities complying with the 
        regulations issued under subsections (a) and (b).

``SEC. 705. REPORT TO CONGRESS.

    ``Not later than 4 years after the date of the enactment of this 
title, and periodically thereafter, the Administrator shall submit to 
Congress a report including--
            ``(1) recommendations concerning the need for additional 
        water quality criteria and other actions needed to improve the 
        quality of coastal recreation waters; and
            ``(2) an evaluation of State efforts to implement this 
        title.

``SEC. 706. GRANTS TO STATES.

    ``(a) Grants.--The Administrator may make grants to States for use 
in fulfilling requirements established pursuant to sections 702 and 
704.
    ``(b) Cost Sharing.--The total amount of grants to a State under 
this section for a fiscal year shall not exceed 50 percent of the cost 
to the State of implementing requirements established pursuant to 
sections 702 and 704.
    ``(c) Eligible State.--After the last day of the 3\1/2\-year period 
beginning on the date of the enactment of this title, the Administrator 
may make a grant to a State under this section only if the State 
demonstrates to the satisfaction of the Administrator that it is 
implementing its monitoring and notification program under section 704.

``SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Administrator--
            ``(1) for use in making grants to States under section 706 
        not more than $9,000,000 for each of fiscal years 2000 through 
        2004; and
            ``(2) for carrying out the other provisions of this title 
        not more than $3,000,000 for each of fiscal years 2000 through 
        2004.''.
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