[Congressional Record Volume 146, Number 116 (Tuesday, September 26, 2000)]
[House]
[Pages H8132-H8136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BEACHES ENVIRONMENTAL AWARENESS, CLEANUP, AND HEALTH ACT OF 1999
Mr. BOEHLERT. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 999) to amend the Federal Water
Pollution Control Act to improve the quality of coastal recreation
waters, and for other purposes.
The Clerk read as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beaches Environmental
Assessment and Coastal Health Act of 2000''.
SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA
AND STANDARDS BY STATES.
Section 303 of the Federal Water Pollution Control Act (33
U.S.C. 1313) is amended by adding at the end the following:
``(i) Coastal Recreation Water Quality Criteria.--
``(1) Adoption by states.--
``(A) Initial criteria and standards.--Not later than 42
months after the date of enactment of this subsection, each
State having coastal recreation waters shall adopt and submit
to the Administrator water quality criteria and standards for
the coastal recreation waters of the State for those
pathogens and pathogen indicators for which the Administrator
has published criteria under section 304(a).
``(B) New or revised criteria and standards.--Not later
than 36 months after the date of publication by the
Administrator of new or revised water quality criteria under
section 304(a)(9), each State having coastal recreation
waters shall adopt and submit to the Administrator new or
revised water quality standards for the coastal recreation
waters of the State for all pathogens and pathogen indicators
to which the new or revised water quality criteria are
applicable.
``(2) Failure of states to adopt.--
``(A) In general.--If a State fails to adopt water quality
criteria and standards in accordance with paragraph (1)(A)
that are as protective of human health as the criteria for
pathogens and pathogen indicators for coastal recreation
waters published by the Administrator, the Administrator
shall promptly propose regulations for the State setting
forth revised or new water quality standards for pathogens
and pathogen indicators described in paragraph (1)(A) for
coastal recreation waters of the State.
``(B) Exception.--If the Administrator proposes regulations
for a State described in subparagraph (A) under subsection
(c)(4)(B), the Administrator shall publish any revised or new
standard under this subsection not later than 42 months after
the date of enactment of this subsection.
``(3) Applicability.--Except as expressly provided by this
subsection, the requirements and procedures of subsection (c)
apply to this subsection, including the requirement in
subsection (c)(2)(A) that the criteria protect public health
and welfare.''.
SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.
(a) Studies Concerning Pathogen Indicators in Coastal
Recreation Waters.--Section 104 of the Federal Water
Pollution Control Act (33 U.S.C. 1254) is amended by adding
at the end the following:
``(v) Studies Concerning Pathogen Indicators in Coastal
Recreation Waters.--Not later than 18 months after the date
of enactment of this subsection, after consultation and in
cooperation with appropriate Federal, State, tribal, and
local officials (including local health officials), the
Administrator shall initiate, and, not later than 3 years
after the date of enactment of this subsection, shall
complete, in cooperation with the heads of other Federal
agencies, studies to provide additional information for use
in developing--
``(1) an assessment of potential human health risks
resulting from exposure to pathogens in coastal recreation
waters, including nongastrointestinal effects;
``(2) appropriate and effective indicators for improving
detection in a timely manner in coastal recreation waters of
the presence of pathogens that are harmful to human health;
``(3) appropriate, accurate, expeditious, and cost-
effective methods (including predictive models) for detecting
in a timely manner in coastal recreation waters the presence
of pathogens that are harmful to human health; and
``(4) guidance for State application of the criteria for
pathogens and pathogen indicators to be published under
section 304(a)(9) to account for the diversity of geographic
and aquatic conditions.''.
(b) Revised Criteria.--Section 304(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)) is amended by
adding at the end the following:
``(9) Revised criteria for coastal recreation waters.--
``(A) In general.--Not later than 5 years after the date of
enactment of this paragraph, after consultation and in
cooperation with appropriate Federal, State, tribal, and
local officials (including local health officials), the
Administrator shall publish new or revised water quality
criteria for pathogens and pathogen indicators (including a
revised list of testing methods, as appropriate), based on
the results of the studies conducted under section 104(v),
for the purpose of protecting human health in coastal
recreation waters.
``(B) Reviews.--Not later than the date that is 5 years
after the date of publication of water quality criteria under
this paragraph, and at least once every 5 years thereafter,
the Administrator shall review and, as necessary, revise the
water quality criteria.''.
SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND
NOTIFICATION.
Title IV of the Federal Water Pollution Control Act (33
U.S.C. 1341 et seq.) is amended by adding at the end the
following:
``SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND
NOTIFICATION.
``(a) Monitoring and Notification.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, after consultation and in
cooperation with appropriate Federal, State, tribal, and
local officials (including local health officials), and after
providing public notice and an opportunity for comment, the
Administrator shall publish performance criteria for--
``(A) monitoring and assessment (including specifying
available methods for monitoring) of coastal recreation
waters adjacent to beaches or similar points of access that
are used by the public for attainment of applicable water
quality standards for pathogens and pathogen indicators; and
``(B) the prompt notification of the public, local
governments, and the Administrator of any exceeding of or
likelihood of exceeding applicable water quality standards
for coastal recreation waters described in subparagraph (A).
``(2) Level of protection.--The performance criteria
referred to in paragraph (1) shall provide that the
activities described in subparagraphs (A) and (B) of that
paragraph shall be carried out as necessary for the
protection of public health and safety.
``(b) Program Development and Implementation Grants.--
``(1) In general.--The Administrator may make grants to
States and local governments to develop and implement
programs for monitoring and notification for coastal
recreation waters
[[Page H8133]]
adjacent to beaches or similar points of access that are used
by the public.
``(2) Limitations.--
``(A) In general.--The Administrator may award a grant to a
State or a local government to implement a monitoring and
notification program if--
``(i) the program is consistent with the performance
criteria published by the Administrator under subsection (a);
``(ii) the State or local government prioritizes the use of
grant funds for particular coastal recreation waters based on
the use of the water and the risk to human health presented
by pathogens or pathogen indicators;
``(iii) the State or local government makes available to
the Administrator the factors used to prioritize the use of
funds under clause (ii);
``(iv) the State or local government provides a list of
discrete areas of coastal recreation waters that are subject
to the program for monitoring and notification for which the
grant is provided that specifies any coastal recreation
waters for which fiscal constraints will prevent consistency
with the performance criteria under subsection (a); and
``(v) the public is provided an opportunity to review the
program through a process that provides for public notice and
an opportunity for comment.
``(B) Grants to local governments.--The Administrator may
make a grant to a local government under this subsection for
implementation of a monitoring and notification program only
if, after the 1-year period beginning on the date of
publication of performance criteria under subsection (a)(1),
the Administrator determines that the State is not
implementing a program that meets the requirements of this
subsection, regardless of whether the State has received a
grant under this subsection.
``(3) Other requirements.--
``(A) Report.--A State recipient of a grant under this
subsection shall submit to the Administrator, in such format
and at such intervals as the Administrator determines to be
appropriate, a report that describes--
``(i) data collected as part of the program for monitoring
and notification as described in subsection (c); and
``(ii) actions taken to notify the public when water
quality standards are exceeded.
``(B) Delegation.--A State recipient of a grant under this
subsection shall identify each local government to which the
State has delegated or intends to delegate responsibility for
implementing a monitoring and notification program consistent
with the performance criteria published under subsection (a)
(including any coastal recreation waters for which the
authority to implement a monitoring and notification program
would be subject to the delegation).
``(4) Federal share.--
``(A) In general.--The Administrator, through grants
awarded under this section, may pay up to 100 percent of the
costs of developing and implementing a program for monitoring
and notification under this subsection.
``(B) Non-federal share.--The non-Federal share of the
costs of developing and implementing a monitoring and
notification program may be--
``(i) in an amount not to exceed 50 percent, as determined
by the Administrator in consultation with State, tribal, and
local government representatives; and
``(ii) provided in cash or in kind.
``(c) Content of State and Local Government Programs.--As a
condition of receipt of a grant under subsection (b), a State
or local government program for monitoring and notification
under this section shall identify--
``(1) lists of coastal recreation waters in the State,
including coastal recreation waters adjacent to beaches or
similar points of access that are used by the public;
``(2) in the case of a State program for monitoring and
notification, the process by which the State may delegate to
local governments responsibility for implementing the
monitoring and notification program;
``(3) the frequency and location of monitoring and
assessment of coastal recreation waters based on--
``(A) the periods of recreational use of the waters;
``(B) the nature and extent of use during certain periods;
``(C) the proximity of the waters to known point sources
and nonpoint sources of pollution; and
``(D) any effect of storm events on the waters;
``(4)(A) the methods to be used for detecting levels of
pathogens and pathogen indicators that are harmful to human
health; and
``(B) the assessment procedures for identifying short-term
increases in pathogens and pathogen indicators that are
harmful to human health in coastal recreation waters
(including increases in relation to storm events);
``(5) measures for prompt communication of the occurrence,
nature, location, pollutants involved, and extent of any
exceeding of, or likelihood of exceeding, applicable water
quality standards for pathogens and pathogen indicators to--
``(A) the Administrator, in such form as the Administrator
determines to be appropriate; and
``(B) a designated official of a local government having
jurisdiction over land adjoining the coastal recreation
waters for which the failure to meet applicable standards is
identified;
``(6) measures for the posting of signs at beaches or
similar points of access, or functionally equivalent
communication measures that are sufficient to give notice to
the public that the coastal recreation waters are not meeting
or are not expected to meet applicable water quality
standards for pathogens and pathogen indicators; and
``(7) measures that inform the public of the potential
risks associated with water contact activities in the coastal
recreation waters that do not meet applicable water quality
standards.
``(d) Federal Agency Programs.--Not later than 3 years
after the date of enactment of this section, each Federal
agency that has jurisdiction over coastal recreation waters
adjacent to beaches or similar points of access that are used
by the public shall develop and implement, through a process
that provides for public notice and an opportunity for
comment, a monitoring and notification program for the
coastal recreation waters that--
``(1) protects the public health and safety;
``(2) is consistent with the performance criteria published
under subsection (a);
``(3) includes a completed report on the information
specified in subsection (b)(3)(A), to be submitted to the
Administrator; and
``(4) addresses the matters specified in subsection (c) .
``(e) Database.--The Administrator shall establish,
maintain, and make available to the public by electronic and
other means a national coastal recreation water pollution
occurrence database that provides--
``(1) the data reported to the Administrator under
subsections (b)(3)(A)(i) and (d)(3); and
``(2) other information concerning pathogens and pathogen
indicators in coastal recreation waters that--
``(A) is made available to the Administrator by a State or
local government, from a coastal water quality monitoring
program of the State or local government; and
``(B) the Administrator determines should be included.
``(f) Technical Assistance for Monitoring Floatable
Material.--The Administrator shall provide technical
assistance to States and local governments for the
development of assessment and monitoring procedures for
floatable material to protect public health and safety in
coastal recreation waters.
``(g) List of Waters.--
``(1) In general.--Beginning not later than 18 months after
the date of publication of performance criteria under
subsection (a), based on information made available to the
Administrator, the Administrator shall identify, and maintain
a list of, discrete coastal recreation waters adjacent to
beaches or similar points of access that are used by the
public that--
``(A) specifies any waters described in this paragraph that
are subject to a monitoring and notification program
consistent with the performance criteria established under
subsection (a); and
``(B) specifies any waters described in this paragraph for
which there is no monitoring and notification program
(including waters for which fiscal constraints will prevent
the State or the Administrator from performing monitoring and
notification consistent with the performance criteria
established under subsection (a)).
``(2) Availability.--The Administrator shall make the list
described in paragraph (1) available to the public through--
``(A) publication in the Federal Register; and
``(B) electronic media.
``(3) Updates.--The Administrator shall update the list
described in paragraph (1) periodically as new information
becomes available.
``(h) EPA Implementation.--In the case of a State that has
no program for monitoring and notification that is consistent
with the performance criteria published under subsection (a)
after the last day of the 3-year period beginning on the date
on which the Administrator lists waters in the State under
subsection (g)(1)(B), the Administrator shall conduct a
monitoring and notification program for the listed waters
based on a priority ranking established by the Administrator
using funds appropriated for grants under subsection (i)--
``(1) to conduct monitoring and notification; and
``(2) for related salaries, expenses, and travel.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated for making grants under subsection (b),
including implementation of monitoring and notification
programs by the Administrator under subsection (h),
$30,000,000 for each of fiscal years 2001 through 2005.''.
SEC. 5. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33
U.S.C. 1362) is amended by adding at the end the following:
``(21) Coastal recreation waters.--
``(A) In general.--The term `coastal recreation waters'
means--
``(i) the Great Lakes; and
``(ii) marine coastal waters (including coastal estuaries)
that are designated under section 303(c) by a State for use
for swimming, bathing, surfing, or similar water contact
activities.
``(B) Exclusions.--The term `coastal recreation waters'
does not include--
``(i) inland waters; or
``(ii) waters upstream of the mouth of a river or stream
having an unimpaired natural connection with the open sea.
``(22) Floatable material.--
``(A) In general.--The term `floatable material' means any
foreign matter that may float or remain suspended in the
water column.
``(B) Inclusions.--The term `floatable material' includes--
``(i) plastic;
``(ii) aluminum cans;
``(iii) wood products;
``(iv) bottles; and
``(v) paper products.
``(23) Pathogen indicator.--The term `pathogen indicator'
means a substance that indicates the potential for human
infectious disease.''.
SEC. 6. INDIAN TRIBES.
Section 518(e) of the Federal Water Pollution Control Act
(33 U.S.C. 1377(e)) is amended by striking ``and 404'' and
inserting ``404, and 406''.
[[Page H8134]]
SEC. 7. REPORT.
(a) In General.--Not later than 4 years after the date of
enactment of this Act, and every 4 years thereafter, the
Administrator of the Environmental Protection Agency shall
submit to Congress a report that includes--
(1) recommendations concerning the need for additional
water quality criteria for pathogens and pathogen indicators
and other actions that should be taken to improve the quality
of coastal recreation waters;
(2) an evaluation of Federal, State, and local efforts to
implement this Act, including the amendments made by this
Act; and
(3) recommendations on improvements to methodologies and
techniques for monitoring of coastal recreation waters.
(b) Coordination.--The Administrator of the Environmental
Protection Agency may coordinate the report under this
section with other reporting requirements under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
provisions of this Act, including the amendments made by this
Act, for which amounts are not otherwise specifically
authorized to be appropriated, such sums as are necessary for
each of fiscal years 2001 through 2005.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Boehlert) and the gentleman from Pennsylvania (Mr. Borski)
each will control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Boehlert).
{time} 1745
Mr. BOEHLERT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am very pleased to support H.R. 999, the Beaches
Environmental Assessment and Coastal Health Act of 2000, which was
introduced and championed by the gentleman from California (Mr.
Bilbray). He has been a tireless advocate for monitoring the quality of
our Nation's coastal recreation waters.
This issue has been languishing in Congress for years. But thanks to
the tenacity of the gentleman from California (Mr. Bilbray), all the
interested parties have come together, come to the table, and we have
reached an agreement on a bipartisan basis. That is a tribute, a
singular tribute to the gentleman from California (Mr. Bilbray). It is
a privilege to work with him on this very important legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BORSKI. Mr. Speaker, I yield myself such time as I may consume.
(Mr. BORSKI asked and was given permission to revise and extend his
remarks.)
Mr. BORSKI. Mr. Speaker, this bill represents a significant step in
protecting the health of millions of beach goers. It passed the Senate
unanimously. It is supported by the administration, the States, and the
environmental community. It is a good bill worthy of our support, and I
urge its passage.
I am pleased to lend my support to H.R. 999, the BEACHES bill. This
simple, but important legislation aims at protecting our nation's beach
goers from unhealthy ocean water quality conditions. Wherever it may
be, beach goers, everywhere, have the right to know that the waters
they choose to visit are safe for themselves and their families.
Mr. Speaker, this legislation is the product of work conducted over
the past few Congresses. Originally introduced by our friend and former
colleague, Bill Hughes, in 1990, this issue has subsequently been
picked up by our colleagues from New Jersey, Mr. Pallone and Senator
Lautenberg, and by the sponsor of this legislation, Mr. Bilbray from
California. I commend these gentlemen for their dedication and their
tireless efforts to protect the public from unhealthy water conditions
at our nation's beaches. And I am pleased that this time, we will send
this important legislation to the President for his signature.
The BEACHES bill advocates three simple principles: First, beach
water quality should be monitored. You cannot know whether waters are
safe unless the waters are adequately tested. Second, water quality
criteria should be uniform. Just as we provide assurances to the public
that water supplies will be safe for drinking no matter which state a
person happens to be in, the public should feel confident that the
public health standards at our Nation's beaches meet minimum,
consistent health requirements. And finally, if a health problem is
discovered at the beach, the public has the right to prompt, accurate,
and effective notification so that they may protect themselves and
their families.
In realizing these principals, this legislation authorizes over $30
million in funding for Federal, State, and local partnerships for water
quality monitoring and notification. Under this legislation, States and
localities would be given the flexibility to tailor their monitoring
and notification programs to meet local needs, so long as these
programs are consistent with EPA's minimum requirements for the
protection of public health and safety. In addition, the BEACHES bill
directs the EPA to periodically review and develop revised water
quality criteria for coastal areas to ensure we are using the best
scientific information available. The public deserves no less. Finally,
this legislation requires EPA to maintain a publicly available database
of our nation's beaches, listing those beaches that are subject to
local monitoring programs, and those that do not. This information will
be very helpful to many Americans for vacation planning, so they will
know whether the waters at their favorite vacation spot are safe, and
will choose accordingly.
Mr. Speaker, I support this important legislation, and urge my
colleagues to vote for its passage.
Mr. Speaker, I reserve the balance of my time.
Mr. BOEHLERT. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. Bilbray), the author of this bill and
the driving force behind it all.
(Mr. BILBRAY asked and was given permission to revise and extend his
remarks.)
Mr. BILBRAY. Mr. Speaker, I would like to thank the gentleman from
Pennsylvania (Mr. Borski), the ranking member, and the gentleman from
New York (Mr. Boehlert), chairman of the Subcommittee on Water
Resources and Environment. I appreciate the bipartisan way we have
approached this issue.
I am glad to see the gentleman from Minnesota (Mr. Oberstar), the
ranking member, here today who has worked on a lot of water quality
issues over the years.
H.R. 999 is really a bipartisan approach to addressing an old
problem. What we have done is try to raise not only our environmental
strategies to a higher level of outcome-based approaches, but also the
political process here in Washington, to one of putting the public's
health first ahead of partisan bickering.
It has been a privilege to work with the subcommittee chairman and
the ranking members. The gentleman from Pennsylvania (Chairman Shuster)
has been a leader on this issue. The Senate has taken up the challenge
after we passed this on Earth Day a year ago, and they have moved it
along.
I would just like to say sincerely that we are talking about a bill,
H.R. 999, that will allow the American people to know when their
beaches are clean, and if it is safe for their children to go in the
water. They will be able to go on the Internet to see that, should one
want to go to Ocean City, whether Ocean City be safe enough to be able
to surf in this weekend. If one wants to go to San Diego next week,
will it be safe at La Jolla, Imperial Beach or Coronado to be able to
allow one's children, indeed, allow oneself, to get in the water and
enjoy the waves and the ocean.
It will mean that those from the Gulf to the Great Lakes will finally
be able to say we know about our water quality and we know if it is
safe.
I would just ask every Member here to recognize that this is not just
a victory for the environment, it is a victory for this institution and
the system because, while we may fight and bicker about a lot of
things, when it came to our children and our grandchildren's health,
when it came to the safety of our communities and the safety of our
families, Democrats, Republicans worked together on this bill. They
worked together and found reasons to vote aye.
I want to thank both sides for that kind of cooperative effort. I
want to thank my colleagues for not only setting an example here in the
House, but I think to the rest of the country that we can work together
as Americans for Americans. I think people are going to look back at
the Beach bill of 2000 and say, why do we not do more of that? Why do
we not work together more? Why do we not help the environment together?
Mr. Speaker, I rise in strong support of H.R. 999, on behalf of all
surfers, swimmers, divers, sailors, lifeguards, and all Americans who
love the ocean.
This is a real triumph, not only for coastal communities and ocean
enthusiasts of all kinds, but in fact for all beach users or visitors
all across this country. We've been able to take a strong bill that we
passed unanimously in the House last year, and make it even more
effective, by taking the perspectives and real
[[Page H8135]]
life experiences shared with us by local and state public health
officials and water administrators, members of the environmental
community, and other stakeholders. H.R. 999 reflects what can really be
accomplished for the environment by working together in an inclusive
and bipartisan manner, and I'm very proud of both the process that
produced this important public health bill, and the fact that we are in
a position here today to send this bill to the President.
Mr. Speaker, we've come a long way since I first sat down with the
Surfrider Foundation and the San Diego Department of Environmental
Health to seek their input in the process of drafting what became H.R.
999. Now, no longer will surfers, swimmers, and beach-going families
and their children have to serve as the proverbial ``canaries in the
coal mine''. H.R. 999 will provide coastal states with both the
incentive and the financial means to develop and implement a specific
monitoring and public notification program for its recreational waters,
in partnership with local, state, and federal public health officials.
This is a strong step in a new direction, away from a punitive, over-
regulatory approach to an inclusive and incentive-based process, which
is tailored specifically to encourage the growth and implementation of
testing and notification programs that meet the needs of individual
communities or regions. What is most effective for water quality
testing and subsequent public notification in New Jersey may not be as
appropriate along the California coast, or vice versa. This bill
recognizes the need for flexibility and partnership in developing these
programs, based on strong and current science. One of the problems
we've encountered in water quality testing in general is the use of
outdated science and methodology; under H.R. 999, that science will be
constantly under scrutiny and review to help ensure that the best
available information is being used as the foundation for these custom-
made programs.
The bottom line is that due to the implementation of this bill,
families from across the country will be able to go to the beach with
the expectation that it is either safe to go into the water at a given
location, or that they will be properly informed if it is not. In many
instances, families will be able to go on-line to determine whether a
given beach is clean and safe before leaving their house, another
example of how H.R. 999 uses current technology to better inform the
public.
Mr. Speaker, this is something I'm extremely proud of, but it has
been an incredible team effort. I want to particularly thank my
colleagues in both the House and Senate, who worked so hard and in a
bipartisan fashion to help achieve this wonderful result we have here
today. In the House, Water Resources Subcommittee Chairman Sherry
Boehlert and full Transportation Committee Chairman Bud Shuster, along
with their counterparts Robert Borski and James Oberstar, have
committed considerable time and energy toward this day. The committee
staff deserve particular recognition for the considerable time,
attention, and long hours they've focused on this goal, particularly
Susan Bodine and Ben Grumbles of the Chairman's staff, and Ken Kopocis
of Mr. Oberstar's staff.
In the other body, Senate Environment committee Chairman Robert Smith
made H.R. 999 a top priority of his Committee, which was already
preoccupied with an active pro-environmental agenda, and I am very
grateful for the time and resources he devoted to shepherding this bill
through the Senate. This success was due in large part to the efforts
of John Pemberton, Christy Plummer, and Ann Klee of the EPW committee
staff, who did yeoman's work on this issue, as did Jo-Ellen Darcy of
Senator Baucus' staff. I want to particularly thank my beach bill
partner in the Senate, the senior Senator from New Jersey, Frank
Lautenberg, who introduced the companion beach bill and has been
working on water quality issues throughout his distinguished career in
public service. The people of New Jersey will certainly miss his
presence in the Senate, but the legacy he's helped shape with this bill
will be a permanent reminder of his leadership. I greatly appreciate
Senator Lautenberg's willingness to work together with me to craft a
bill which will do so much for our own constituents, and for all
Americans who enjoy the beach. He and Amy Maron of his staff have done
their home state proud.
There has been strong support for this effort from the environmental
community since my other New Jersey colleague Frank Pallone and I first
introduced H.R. 2094 back in the 105th Congress, which paved the way
for H.R. 999. The Surfrider Foundation, the Center for Marine
Conservation, and the American Oceans Campaign have all been strong
partners in this shared effort. I want to particularly thank the
Surfrider Foundation, for their willingness to work with me from the
very early going, and stick with me, to help accomplish this long-
shared public health goal. I have to also thank Chris Gonaver of the
San Diego County Department of Environmental Health, for providing
critical input on the need to provide for a substantive role for local
public health officials in crafting and implementing an effective
monitoring and notification program that is tailored to fit a specific
region.
This kind of brings it full circle for me, Mr. Speaker. Coming from
local government myself, and knowing how important it is to have that
perspective and expertise applied to any effective environmental or
public health strategy, I think that the path we have blazed with H.R.
999 is critical for the success of our current and future environmental
strategies. I can't think of any better result or legacy, than for the
outcome and incentive-based approach of this Beach Bill, H.R. 999, to
be used as a blueprint for the next generation of environmental
strategies.
Thanks again to my colleagues and all the stakeholders who worked so
hard with me to make this bold step on behalf of our ocean environment
and the public health.
Mr. SHUSTER. Mr. Speaker, I congratulate Representative Bilbray on
this bill, H.R. 999, the Beaches Environmental Assessment and Coastal
Health Act of 2000. I also thank Representatives Oberstar, Boehlert and
Borski, and Senators Smith, Baucus and Lautenburg, for their assistance
on this legislation.
H.R. 999 amends the Clean Water Act to establish a grant program for
States to monitor the safety of coastal recreation waters, and to set a
deadline for updating State water quality standards for these waters to
protect the public from disease-carrying organisms.
Each year over 180 million people visit coastal waters for
recreational purposes. This activity supports over 28 million jobs and
leads to investments of over $50 billion each year in goods and
services.
Public confidence in the quality of our nation's waters is important
not only to each citizen who swims or surfs, but also to the tourism
and recreation industries that rely on safe and swimmable coastal
waters.
This is a bipartisan bill that uses incentives, not mandates, to
improve public health and safety by monitoring the quality of our
Nation's coastal waters.
The House passed this bill on April 22, 1999, by voice vote. The
Senate passed the bill, with an amendment, on September 20, 2000, by
unanimous consent.
The Senate amendment does not make significant changes to the bill.
Like the House-passed bill, the Senate amendment to H.R. 999 gives
EPA no new regulatory authorities and contains no intergovernmental or
private-sector mandates.
Like the House-passed bill, the grant program established by H.R.
999, as amended, does not provide EPA with an opportunity to micro-
manage State monitoring programs if a State chooses to seek Federal
assistance.
Under this legislation, EPA is to establish a level of protection for
monitoring programs, which will be used to determine if a program is
eligible for a grant. But each individual State program determines how
that level of protection is reached.
By providing grants this legislation provides incentives to all
States to develop monitoring programs that protect public health and
safety. This does not mean uniform monitoring programs. This does not
mean that EPA may impose a Federal template on States.
Like the House-passed bill, the Senate amendment to H.R. 999 also
does not address control of pollution from point or nonpoint sources.
It imposes no new mandates, unfunded or otherwise.
Like the House-passed bill, the Senate amendment clarifies that State
water quality criteria for pathogens or pathogen indicators for coastal
recreation waters must be as protective of human health as EPA's
criteria.
This does not mean that States must adopt criteria that are identical
to those that have been published by EPA. States adopt water quality
criteria under section 303(c) of the Clean Water Act and continue to
have the flexibility, provided under that section to change EPA's
criteria based on site-specific conditions, or to adopt different,
scientifically-justified criteria.
Thus, if a State can demonstrate that the pathogen indicators that it
is using are as protective of human health as the criteria for pathogen
indicators that EPA has published, a State may continue to use its
existing criteria.
The House-passed bill provided that the information database
authorized under section 406(e) is intended to be information on
exceedances of water quality standards in coastal recreation waters
only. This database does not address other matters. The Senate
amendment further specifies that the source of that information is to
be from State and local monitoring programs only.
Like the House bill, the Senate amendment provides for EPA
implementation of a monitoring and notification program only in
situations where a State is not implementing a program that protects
public health and safety.
The bill does not provide for partial EPA implementation and partial
State implementation of a monitoring and notification program.
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In addition, EPA's duty to conduct a monitoring and notification
program is subject to the same conditions as a State program. This
means that EPA has the same flexibility that States are provided to
target available resources to those waters that it determines are the
highest priorities.
Finally, like the House-passed bill, the Senate amendment provides
that the term ``coastal recreation waters'' includes only the Great
Lakes and waters that are adjacent to the coastline of the United
States. ``Coastal recreation waters'' is not synonymous with the
``coastal zone'' as defined under the Coastal Zone Management Act. The
Senate amendment further clarifies in bill language that geographic
scope of this act does not include any inland waters and does not
extend beyond the mouth of any river or stream or other body of water
having unimpaired natural connection with open sea.
I urge all Members to support H.R. 999, as amended.
Mr. HORN. I thank the gentleman from California, Mr. Bilbray, for all
of his hard work on H.R. 999, the Beaches Environmental Assessment and
Coastal Health Act of 2000. I strongly urge that we pass this much
needed environmental initiative today.
As a Representative from California, with beautiful beaches
stretching along the coastal areas in my district, I have seen first-
hand the need to establish national safety standards for monitoring
coastal recreation waters. Beach-goers in my district and across the
nation are often forced to postpone their recreational plans due to
contamination by urban runoff or sewage spills. Swimming along
California's shore should not pose a potential health hazard. However,
in 1999, Lost Angeles County--including Long Beach--issued advisories
or closed beaches 460 times.
H.R. 999 addresses this problem by providing effective mechanisms to
ensure that beach water quality is monitored and safe for recreational
use. The bill amends the Clean Water Act to establish a grant program
for states to monitor coastal recreation waters. It also sets a
deadline for updating state water quality standards to protect the
public from disease-carrying pathogens. I should also mention that
updated water quality standards are not only good for public health,
but also for the environment--cleaner waters mean healthier marine
animals and protected aquatic habitats.
Each year over 180 million people visit coastal waters for
recreational purposes. I believe we owe it to each citizen of our
nation to pass this bill and ensure that they can enjoy safe, hazard-
free coastal waters. I strongly urge my colleagues to join me in
supporting final passage of H.R. 999.
Mr. BORSKI. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. BOEHLERT. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Isakson). The question is on the motion
offered by the gentleman from New York (Mr. Boehlert) that the House
suspend the rules and concur in the Senate amendment to the bill, H.R.
999.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendment was
concurred in.
A motion to reconsider was laid on the table.
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