[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2537 Reported in House (RH)]






                                                 Union Calendar No. 302
110th CONGRESS
  1st Session
                                H. R. 2537

                          [Report No. 110-491]

  To amend the Federal Water Pollution Control Act relating to beach 
                  monitoring, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2007

  Mr. Pallone (for himself and Mr. Bishop of New York) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

                           December 12, 2007

 Additional sponsors: Mr. Ortiz, Mr. Israel, Ms. Bordallo, Mrs. Capps, 
   Mrs. McCarthy of New York, Mr. Saxton, Mr. Meeks of New York, Mr. 
 McIntyre, Mrs. Lowey, Mr. Higgins, Mr. Kirk, Mr. Waxman, Mr. Hastings 
 of Florida, Ms. Shea-Porter, Mr. Smith of New Jersey, Mr. King of New 
York, Mr. Serrano, Mr. Filner, Ms. Eshoo, Mr. Smith of Washington, Mr. 
  Berman, Mr. Weiner, Mrs. Maloney of New York, Mr. Delahunt, Ms. Zoe 
Lofgren of California, Ms. Harman, Ms. Linda T. Sanchez of California, 
  Mr. George Miller of California, Mrs. Christensen, Mr. Wexler, Mr. 
 Ackerman, Ms. Loretta Sanchez of California, Ms. DeLauro, Mr. Kagen, 
   Mr. Klein of Florida, Ms. Schakowsky, Mr. Sestak, and Mr. Rothman

                           December 12, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 24, 
                                 2007]

_______________________________________________________________________

                                 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 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 2007''.

SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION.

    (a) Source Tracking.--Section 406(b) of the Federal Water Pollution 
Control Act (33 U.S.C. 1346) 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.''.
    (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''.

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) of such Act (33 U.S.C. 
1314(a)(9)) is amended by inserting ``and rapid testing methods'' after 
``methods''.
    (c) Criteria for Use of Rapid Testing Methods.--Not later than 270 
days after the date of enactment of this Act, and after providing 
notice and an opportunity for public comment, the Administrator of the 
Environmental Protection Agency shall publish criteria for the use of 
rapid testing methods, at coastal recreation waters adjacent to beaches 
or similar points of access that are used by the public, that will 
enhance the protection of public health and safety through rapid public 
notification of any exceeding of applicable water quality standards. In 
developing such criteria, the Administrator shall prioritize the use of 
rapid testing methods at those beaches or similar points of access that 
have the highest use 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) a publicly accessible and searchable global 
        information system database with information updated within 24 
        hours of its availability, organized by beach or similar point 
        of access and with defined standards, sampling plans, 
        monitoring protocols, sampling results, and number and cause of 
        closures and advisory days;
            ``(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 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 or before December 
                31 of such calendar year.
            ``(3) Corrective action.--Any State or local government 
        that the Administrator notifies under paragraph (2) that it is 
        not in compliance with any requirement or grant condition 
        described in paragraph (2) shall take such action as may be 
        necessary to comply with such requirement or condition within 
        one year of the date of the notification. If the State or local 
        government is not in compliance with such requirement or 
        condition within one year of such date, 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).''.
                                                 Union Calendar No. 302

110th CONGRESS

  1st Session

                               H. R. 2537

                          [Report No. 110-491]

_______________________________________________________________________

                                 A BILL

  To amend the Federal Water Pollution Control Act relating to beach 
                  monitoring, and for other purposes.

_______________________________________________________________________

                           December 12, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed