[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2844 Reported in Senate (RS)]






                                                       Calendar No. 871
110th CONGRESS
  2d Session
                                S. 2844

                          [Report No. 110-414]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2008

 Mr. Lautenberg (for himself, Mr. Voinovich, Mr. Menendez, Mr. Warner, 
Mr. Kerry, Mr. Durbin, Mr. Lieberman, Mr. Cardin, Ms. Stabenow, and Ms. 
  Klobuchar) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                July 10 (legislative day, July 9), 2008

                 Reported by Mrs. Boxer, with amendments
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Water Pollution Control Act to modify provisions 
         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. BEACHWATER POLLUTION SOURCE IDENTIFICATION AND PREVENTION.

    (a) In General.--Section 406 of the Federal Water Pollution Control 
Act (33 U.S.C. 1346) is amended in each of subsections (b), (c), (d), 
(g), and (h) by striking ``monitoring and notification'' each place it 
appears and inserting ``monitoring, public notification, source 
tracking, sanitary surveys, and prevention efforts to address the 
identified sources of beachwater pollution''.
    (b) Authorization of Appropriations.--Section 406(i) of the Federal 
Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking 
``$30,000,000 for each of fiscal years 2001 through 2005'' and 
inserting ``$60,000,000 for each of fiscal years 2008 through 2013, of 
which--
            ``(1) up to 10 percent of the initial $10,000,000 made 
        available for a fiscal year, at the direction of the States, 
        may be used to remediate problems detected through beachwater 
        monitoring and source identification programs funded, in whole 
        or in part, by the Beaches Environmental Assessment and Coastal 
        Health Act of 2000 (Public Law 106-284; 114 Stat. 870), the 
        Beach Protection Act of 2008, or an amendment made by either of 
        those Acts;
            ``(2) up to 40 percent of the next $5,000,000 made 
        available for the fiscal year, at the direction of the States, 
        may be used to remediate those problems; and
            ``(3) up to 50 percent of the remaining $45,000,000 made 
        available for the fiscal year, at the direction of the States, 
        may be used to remediate those problems.''.

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 ``2013''.

SEC. 4. STATE REPORTS.

    Section 406(b)(3)(A)(ii) of the Federal Water Pollution Control Act 
(33 U.S.C. 1346(b)(3)(A)(ii)) is amended by inserting ``and all 
environmental agencies of the State with authority to prevent or treat 
sources of beachwater pollution'' 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 the use of a rapid 
testing method after the last day of the 1-year period following the 
date of approval of the rapid testing method by the Administrator'' 
before the semicolon at the end.
    (b) Revised Criteria.--Section 304(a)(9) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``rapid'' before ``testing''; and
                    (B) by striking ``, as appropriate''; and
            (2) by adding at the end the following:
                    ``(C) Validation of rapid testing methods.--Not 
                later than 2 years after the date of enactment of this 
                subparagraph, and periodically thereafter, the 
                Administrator shall validate the rapid testing 
                methods.''.
    (c) Definition.--Section 502 of the Federal Water Pollution Control 
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 for which results are 
        available within 2 hours after commencement of the rapid 
        testing method.''.

SEC. 6. PROMPT COMMUNICATION WITH STATE ENVIRONMENTAL AGENCIES.

    Section 406(c)(5) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(c)(5)) is amended--
            (1) in the matter preceding subparagraph (A), 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), by striking ``and'' at the end;
            (3) in subparagraph (B), by inserting ``and'' after the 
        semicolon at the end; and
            (4) by adding at the end the following:
                    ``(C) all agencies of the State government with 
                authority to require the prevention or treatment of the 
                sources of beachwater pollution;''.

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) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting a semicolon;
            (3) by adding at the end the following:
            ``(8) measures to develop and implement a beachwater 
        pollution source identification and tracking program for the 
        coastal recreation waters that are not meeting applicable water 
        quality standards for pathogens;
            ``(9) a publicly accessible and searchable global 
        information system database with information updated within 24 
        hours of the availability of the information, organized by 
        beach and with defined standards, sampling plan, monitoring 
        protocols, sampling results, and number and cause of beach 
        closing and advisory days; and
            ``(10) 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.''.

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, and indenting the 
        subparagraphs appropriately;
            (2) by striking ``In the'' and inserting the following: 
        ``(1) In general.--In the''; and
            (3) 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, including 
                compliance with any requirement or condition under 
                subsection (a)(2) or (c);
                    ``(B) notify the State or local government of the 
                assessment; and
                    ``(C) make each of the assessments available to the 
                public in a searchable database on or before December 
                31 of the calendar year.
            ``(3) Corrective action.--
                    ``(A) In general.--Any State or local government 
                that the Administrator notifies under paragraph (2) 
                that the State or local government is not in compliance 
                with any requirement or grant condition described in 
                paragraph (2) shall take such action as is necessary to 
                comply with the requirement or condition by not later 
                than 1 year after the date of the notification.
                    ``(B) Noncompliance.--If the State or local 
                government is not in compliance with such a requirement 
                or condition by the date that is 1 year after the 
                deadline specified in subparagraph (A), any grants made 
                under subsection (b) to the State or local government, 
                after the last day of the 1-year period and while the 
                State or local government is not in compliance with all 
                requirements and grant conditions described in 
                paragraph (2), shall require 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 of the United States shall--
                    ``(A) conduct a review of the activities of the 
                Administrator under paragraphs (2) and (3) during the 
                first and second calendar years beginning after that 
                date of enactment; and
                    ``(B) submit to Congress a report on the results of 
                the 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 
(referred to in this section as the ``Administrator'') 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 that formula.
    (b) Requirements.--In conducting the study, the Administrator 
shall--
            (1) consider the emphasis and valuation placed on length of 
        beach season, including any findings made by the Government 
        Accountability Office with respect to that emphasis and 
        valuation; and
            (2) consult with appropriate Federal, State, and local 
        agencies.
    (c) Report and Revision.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall--
            (1) submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report on the 
        results of the study, including any recommendations for 
        revisions of the distribution formula referred to in subsection 
        (a); and
            (2) revise the distribution formula referred to in 
        subsection (a) in accordance with those recommendations.
                                                       Calendar No. 871

110th CONGRESS

  2d Session

                                S. 2844

                          [Report No. 110-414]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                July 10 (legislative day, July 9), 2008

                        Reported with amendments