[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 522 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 522

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 1999

Mr. Lautenberg (for himself, Mr. Torricelli, Mrs. Boxer, Mr. Lieberman, 
and Mrs. Feinstein) 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 improve the quality 
    of beaches and coastal recreation water, 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 PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the beaches and coastal recreation water of the United 
        States are valuable public resources that are used for 
        recreation by millions of people annually;
            (2) the beaches of coastal States host many out-of-State 
        and international visitors;
            (3) tourism in coastal zones generates billions of dollars 
        annually;
            (4) increased population and urbanization of watershed 
        areas have contributed to the decline in the environmental 
        quality of coastal water;
            (5) pollution in coastal water is not restricted by State 
        or other political boundaries;
            (6) coastal States have different methods of testing and 
        parameters for evaluating the quality of coastal recreation 
        water, resulting in the provision of varying degrees of 
        protection to the public;
            (7) the adoption of consistent criteria by coastal States 
        would enhance public health and safety, including the adoption 
        of consistent criteria for--
                    (A) testing and evaluating the quality of coastal 
                recreation water; and
                    (B) the posting of signs at beaches notifying the 
                public during periods when the water quality criteria 
                for public safety are not met; and
            (8) while the adoption of consistent criteria would enhance 
        public health and safety, the failure to meet consistent 
        criteria should be addressed as part of a watershed approach to 
        effectively identify and eliminate sources of pollution.
    (b) Purposes.--The purpose of this Act is to amend the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.) to require uniform 
criteria and procedures for testing, monitoring, and notifying users of 
public coastal recreation water and beaches--
            (1) to protect public safety; and
            (2) to 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:

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

``SEC. 701. DEFINITIONS.

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

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

    ``(a) In General.--Not later than 3 years and 180 days after the 
date of enactment of this title, each State shall adopt water quality 
criteria for coastal recreation water that, at a minimum, are 
consistent with the criteria published by the Administrator under 
section 304(a)(1).
    ``(b) Development of Criteria.--Water quality criteria described in 
subsection (a) shall--
            ``(1) be developed and promulgated in accordance with 
        section 303(c);
            ``(2) be incorporated into all appropriate programs into 
        which a State would incorporate other water quality criteria 
        adopted under section 303(c); and
            ``(3) not later than 3 years after the date of publication 
        of revisions by the Administrator under section 703(b), be 
        revised by the State.
    ``(c) Failure of States To Adopt Criteria.--If, not later than 3 
years and 180 days after the date of enactment of this title, a State 
has not complied with subsection (a), the water quality criteria issued 
by the Administrator under section 304(a)(1) shall--
            ``(1) become the effective water quality criteria for 
        coastal recreational water for that State; and
            ``(2) be considered to have been promulgated by the 
        Administrator under section 303(c)(4).

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

    ``(a) Studies.--Not later than 3 years after the date of enactment 
of this title, and after consultation with appropriate Federal, State, 
and local officials (including local health officials) and other 
interested persons, the Administrator shall conduct, in cooperation 
with the Under Secretary of Commerce for Oceans and Atmosphere, studies 
to provide new information for use in developing--
            ``(1) a more complete list of potential human health risks 
        from inhalation, ingestion, or body contact with coastal 
        recreation water, including effects on the upper respiratory 
        system;
            ``(2) appropriate and effective indicators for improving 
        direct detection of the presence of pathogens found harmful to 
        human health in coastal recreational water;
            ``(3) appropriate, accurate, and expeditious methods 
        (including predictive models) for detecting the presence of 
        pathogens in coastal recreation water that are harmful to human 
        health; and
            ``(4) guidance for the State-to-State application of the 
        criteria issued under subsection (b) to account for the 
        diversity of geographic and aquatic conditions throughout the 
        United States.
    ``(b) Revised Criteria.--Not later than 5 years after the date of 
enactment of this title, 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 parties, shall--
            ``(1) issue revised water quality criteria for pathogens in 
        coastal recreation water that are harmful to human health, 
        including a revised list of indicators and testing methods; and
            ``(2) not less than once every 5 years thereafter, review 
        and revise the water quality criteria.

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

    ``(a) Monitoring.--
            ``(1) In general.--Not later than 1 year and 180 days after 
        the date of enactment of this title, the Administrator shall 
        promulgate regulations requiring monitoring by the States of 
        public coastal recreation water and beaches for--
                    ``(A) compliance with applicable water quality 
                criteria; and
                    ``(B) maintenance of public safety.
            ``(2) Contents of requirements.--Monitoring requirements 
        established under this section shall specify, at a minimum--
                    ``(A) available monitoring methods to be used by 
                States;
                    ``(B) the frequency and location of monitoring 
                based on--
                            ``(i) the periods of recreational use of 
                        coastal recreation water and beaches;
                            ``(ii) the extent and degree of 
                        recreational use during the periods described 
                        in clause (i);
                            ``(iii) the proximity of coastal recreation 
                        water to known or identified point and nonpoint 
                        sources of pollution; and
                            ``(iv) the relationship between the use of 
                        public recreation water and beaches to storm 
                        events;
                    ``(C) methods for--
                            ``(i) detecting levels of pathogens that 
                        are harmful to human health; and
                            ``(ii) identifying short-term increases in 
                        pathogens that are harmful to human health in 
                        coastal recreation water, including the 
                        relationship of short-term increases in 
                        pathogens to storm events; and
                    ``(D) conditions and procedures under which 
                discrete areas of coastal recreation water may be 
                exempted by the Administrator from the monitoring 
                requirements under this subsection, if the 
                Administrator determines that an exemption will not--
                            ``(i) impair compliance with the applicable 
                        water quality criteria for that water; and
                            ``(ii) compromise public safety.
    ``(b) Notification Requirements.--
            ``(1) In general.--Regulations promulgated under subsection 
        (a) shall require States to provide prompt notification of a 
        failure or the likelihood of a failure to meet applicable water 
        quality criteria for State coastal recreation water, to--
                    ``(A) local governments;
                    ``(B) the public; and
                    ``(C) the Administrator.
            ``(2) Information included in notification.--Notification 
        under this subsection shall require, at a minimum--
                    ``(A) the prompt communication of the occurrence, 
                nature, extent, and location of, and substances 
                (including pathogens) involved in, a failure or 
                immediate likelihood of a failure to meet water quality 
                criteria, to a designated official of a local 
                government having jurisdiction over land adjoining the 
                coastal recreation water for which the failure or 
                imminent failure to meet water quality criteria is 
                identified; and
                    ``(B) the posting of signs, during the period in 
                which water quality criteria are not met continues, 
                that are sufficient to give notice to the public--
                            ``(i) of a failure to meet applicable water 
                        quality criteria for the water; and
                            ``(ii) the potential risks associated with 
                        water contact activities in the water.
    ``(c) Review and Revision of Regulations.--Periodically, but not 
less than once every 5 years, the Administrator shall review and make 
any necessary revisions to regulations promulgated under this section.
    ``(d) State Implementation.--
            ``(1) In general.--Not later than 3 years and 180 days 
        after the date of enactment of this title, each State shall 
        implement a monitoring and notification program that conforms 
        to the regulations promulgated under subsections (a) and (b).
            ``(2) Revision of program.--Not later than 2 years after 
        the date of publication of any revisions by the Administrator 
        under subsection (c), each State shall revise the program 
        established under paragraph (1) to incorporate the revisions.
    ``(e) Guidance; Delegation of Responsibility.--
            ``(1) In general.--Not later than 1 year and 180 days after 
        the date of enactment of this title, the Administrator shall 
        issue guidance establishing--
                    ``(A) core performance measures for testing, 
                monitoring, and notification programs under this 
                section; and
                    ``(B) the delegation of testing, monitoring, and 
                notification programs under this section to local 
                government authorities.
            ``(2) Delegation of responsibility to local governments.--
        If a responsibility described in paragraph (1)(B) is delegated 
        by a State to a local government authority, or is delegated to 
        a local government authority before the date of enactment of 
        this section, State resources, including grants made under 
        section 706, shall be made available to the delegated authority 
        for the purpose of implementing the delegated program in a 
        manner that is consistent with the guidance issued by the 
        Administrator.
    ``(f) Floatable Materials Monitoring; Technical Assistance.--Not 
later than 1 year and 180 days after the date of enactment of this 
title, the Administrator shall--
            ``(1) provide technical assistance for uniform assessment 
        and monitoring procedures for floatable materials in coastal 
        recreation water; and
            ``(2) specify the conditions under which the presence of 
        floatable material shall 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 the 
        information reported under subsection (b); and
            ``(2) a listing of communities conforming to the 
        regulations promulgated 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 that contains--
            ``(1) recommendations concerning the need for additional 
        water quality criteria and other actions that are necessary to 
        improve the quality of coastal recreation water; 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 meeting the requirements of sections 702 and 704.
    ``(b) Cost Sharing.--For each fiscal year, the total amount of 
funds provided through grants to a State under this section shall not 
exceed 50 percent of the cost to the State of implementing requirements 
described in subsection (a).
    ``(c) Eligible State.--Effective beginning 3 years and 180 days 
after the date of 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 the implementation of the State 
monitoring and notification program under section 704 of this title.

``SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated--
            ``(1) for use in making grants to States under section 706, 
        $9,000,000 for each of fiscal years 2000 through 2004; and
            ``(2) for carrying out the other provisions of this title, 
        $3,000,000 for each of fiscal years 2000 through 2004.''.
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