[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2537 Referred in Senate (RFS)]

  2d Session
                                H. R. 2537


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2008

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
  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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beach Protection Act of 2008''.

SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION.

    (a) Source Tracking.--Section 406(b) of the Federal Water Pollution 
Control Act (33 U.S.C. 1346(b)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Source identification programs.--In carrying out a 
        monitoring and notification program, a State or local 
        government may develop and implement a coastal recreation 
        waters pollution source identification and tracking program for 
        coastal recreation waters adjacent to beaches or similar points 
        of access that are used by the public and are not meeting 
        applicable water quality standards for pathogens and pathogen 
        indicators. If, in carrying out such source identification and 
        tracking program, a source of pathogenic contamination is 
        identified by such State or local government, such State or 
        local government shall make information on the existence of 
        such source available to the public on the Internet within 24 
        hours of the identification of such source.''.
    (b) 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 ``$40,000,000 for each 
of fiscal years 2008 through 2012''.
    (c) Prohibition on Earmarks.--None of the funds appropriated 
pursuant to section 406(i) of such Act (33 U.S.C. 1346(i)) may be used 
for a Congressional earmark as defined in clause 9(d) of rule XXI of 
the Rules of the House of Representatives.

SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH 
              ACT.

    Section 8 of the Beaches Environmental Assessment and Coastal 
Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and 
inserting ``2012''.

SEC. 4. STATE REPORTS.

    Section 406(b)(4)(A)(ii) of the Federal Water Pollution Control Act 
(as redesignated by section (2)(a)(1) of this Act) is amended by 
inserting ``and all environmental agencies of the State with authority 
to prevent or treat sources of pollution in coastal recreation waters'' 
after ``public''.

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 inserting ``, including rapid testing 
methods,'' after ``methods''.
    (b) Revised Criteria.--Section 304(a)(9)(A) of such Act (33 U.S.C. 
1314(a)(9)(A)) is amended by inserting ``and rapid testing methods'' 
after ``methods''.
    (c) Validation and Use of Rapid Testing Methods.--
            (1) Validation of rapid testing methods.--Not later than 
        October 1, 2010, the Administrator 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 indicators described in 
        section 303(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 Administrator 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 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.
                    (B) Prioritization.--In developing such guidance, 
                the Administrator shall prioritize the 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 following:
            ``(25) 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 6 hours after a water quality 
        sample is received by the testing facility.''.

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 24 hours of the receipt 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 administering the program 
                under section 402,'' before ``the Administrator'' the 
                first place it appears; and
                    (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 following:
            ``(6) measures for an annual report to the Administrator, 
        in such form as the Administrator determines appropriate, on 
        the occurrence, nature, location, pollutants involved, and 
        extent of any exceeding of applicable water quality standards 
        for pathogens and pathogen indicators;''.

SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.

    Section 406(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (7) (as 
        redesignated by section 6(3) of this Act);
            (2) by striking the period at the end of paragraph (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 coastal recreation 
                water closures and advisory days; and
                    ``(D) is updated within 24 hours of the 
                availability of revised information;
            ``(10) measures for the immediate posting of signs at 
        beaches or similar points of access that are sufficient to give 
        public notice following the results of any water quality sample 
        that demonstrates an exceeding of applicable water quality 
        standards for pathogens and pathogen indicators for the coastal 
        recreation waters adjacent to such beaches or similar points of 
        access; and
            ``(11) measures to ensure that closures or advisories are 
        made or issued within 24 hours after the State government 
        determines that any coastal recreation waters in the State are 
        not meeting or are not expected to meet applicable water 
        quality standards for pathogens and pathogen indicators.''.

SEC. 8. COMPLIANCE REVIEW.

    Section 406(h) of the Federal Water Pollution Control 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 following:
            ``(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 compliance 
                with all statutory and regulatory requirements of this 
                section for each State and local government and of 
                compliance with conditions 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 available 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 requirement 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 of 
        the date of notification, any grants made under subsection (b) 
        to the State or local government, 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 conditions 
        described in paragraph (2), shall have a Federal 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 Comptroller General shall conduct a review of 
        the activities of the Administrator under paragraphs (2) and 
        (3) during the first and second calendar years beginning 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 Environmental 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 revisions of such 
formula.
    (b) Contents.--In conducting the study, the Administrator shall 
consider the base cost to States of developing and maintaining water 
quality monitoring and notification 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 submit to the Committee on 
Transportation and Infrastructure 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 subsection (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 inserting ``paragraph (1)''.

SEC. 12. USE OF MOLECULAR DIAGNOSTICS FOR MONITORING AND ASSESSING 
              COASTAL RECREATION WATERS.

    (a) Study.--The Administrator of the Environmental Protection 
Agency shall conduct a study to assess the benefits of using molecular 
diagnostics for monitoring and assessing the quality of coastal 
recreation waters adjacent to beaches and similar points of access that 
are used by the public.
    (b) Contents.--In conducting the study, the Administrator shall--
            (1) to the extent practicable, evaluate the full range of 
        available rapid testing methods, as defined by section 502 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1362), and 
        methods that meet prescribed performance standards, including--
                    (A) the amplified nucleic acid assay method; and
                    (B) the indicator organisms enterococci and E. 
                coli; and
            (2) compare the use of molecular diagnostics to culture 
        testing of same source water, including the time for obtaining 
        results, accuracy of results, and future applicability.
    (c) Partnerships.--Notwithstanding chapter 63 of title 31, United 
States Code, the Administrator may award a grant or cooperative 
agreement to a public or private organization to assist the 
Administrator in carrying out the study.
    (d) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Administrator shall transmit to Congress a 
report on the results of the study.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 13. MONITORING PROTOCOL FOR MERCURY.

    (a) Review and Update of Existing Monitoring Protocols.--The 
Administrator of the Environmental Protection Agency shall review and 
update existing monitoring protocols as necessary for mercury affecting 
the coastal recreation waters of the Great Lakes.
    (b) Recommendations on Testing.--In carrying out subsection (a), 
the Administrator shall develop updated recommendations on testing for 
the presence of mercury affecting the coastal recreation waters of the 
Great Lakes, including the presence of mercury in Great Lakes sediment 
and fish tissue.
    (c) Publication of Water Quality Criteria.--Nothing in this section 
shall delay the schedule for publication of new or revised water 
quality criteria as required by section 304(a)(9) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)(9)).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 14. 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 striking ``The Administrator'' and all 
that follows through the period and inserting ``Within 12 months after 
the date of the enactment of the Beach Protection Act of 2008, and 
biennially thereafter, the Administrator shall update the list 
described in paragraph (1).''.

SEC. 15. IMPACT OF CLIMATE CHANGE ON POLLUTION OF COASTAL RECREATION 
              WATERS.

    (a) Study.--The Administrator of the Environmental 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 Administrator shall submit to 
        Congress a report on the results of the study conducted under 
        subsection (a).
            (2) Information on potential contaminant impacts.--The 
        report shall include information on potential contaminant 
        impacts on ground and surface water resources as well as 
        ecosystem and public health in coastal communities.
            (3) Monitoring.--The report shall address monitoring 
        required to document and assess changing conditions of coastal 
        water resources, recreational waters, and ecosystems and review 
        the current ability to assess and forecast impacts associated 
        with long-term change.
            (4) Federal actions.--The report shall highlight 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 implementation of the Ocean Research Priorities 
        Plan and Implementation Strategy.

            Passed the House of Representatives April 16, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.