[Senate Report 110-414]
[From the U.S. Government Publishing Office]
Calendar No. 871
110th Congress Report
SENATE
2d Session 110-414
======================================================================
BEACH ACT OF 2008
_______
July 10 (legislative day, July 9), 2008.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
Submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 2844]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2844) to amend the Federal Water Pollution
Control Act to modify provisions relating to beach monitoring,
and for other purposes, reports favorably with amendments
thereon and recommends that the bill, as amended, do pass.
Purposes of the Legislation
The purposes of the BEACH Act of 2008 (the Act) include
measures to prescribe the use of rapid testing methods for the
testing of pollutants in beaches, mandate a 24 hour public
notice requirement, expand the scope of grants to include
pollution tracking and remediation activities, require an
assessment of the grant distribution formula, and increase the
authorization limit from $30,000,000 to $60,000,000.
General Statement and Background
The Act amends Federal Water Pollution Control Act to
update the testing methods that are used to test for water-
borne pathogens and other contaminants with potential harmful
human health side effects, reauthorizing the Beaches
Environmental Assessment and Coastal Health Act of 2000 (BEACH
Act), improve source identification and prevention efforts,
ensure prompt communication with state environmental agencies,
and to improve funded state and local beachwater programs.
In 2000, when the original BEACH (Beaches Environmental
Assessment and Coastal Health) Act became law, the Act's goal
was to improve public awareness of water quality at our
nation's beaches. The public health risks from swimming in
polluted coastal waters continue to be an issue in certain
regions of the United States. The U.S. Environmental Protection
Agency's (EPA's) research has found that contact with
contaminated water can lead to gastrointestinal disorders and
ear or skin infections, and inhalation of contaminated water
can cause respiratory diseases. The pathogens responsible for
these diseases can be bacteria, viruses, protozoa, fungi, and
other parasites. Public health risks are especially significant
for sensitive subpopulations that are particularly vulnerable
to certain pathogens. The BEACH Act of 2000 was successful at
prompting states to adopt water quality criteria and
strengthened public reporting requirements.
The BEACH Act of 2008 improves upon the existing law. It
does so by requiring the use of rapid testing methods. Unlike
existing methods, which permit as many as three days to go by
before water testing results are communicated and decisions to
close down beaches are made, the Act uses rapid testing methods
to quickly test water quality and allow for more rapid
decisions to be made about beach closures in order to better
protect public health. Rapid testing methods are defined as
those that require two hours--from the commencement of the
test--for completion.
Additionally, the Act requires that information obtained
from these test methods are communicated to the public within
24 hours. This is a clarification of existing law, which does
not specify a time for the communication to occur.
Section-by-Section Analysis
Section 1. Short title
Section 1 would provide that the Act may be cited as the
``BEACH Act of 2008''.
Section 2. Beachwater pollution source identification and prevention
Section 2 would amend Section 406 of the Federal Water
Pollution Control Act (33 U.S.C. 1346), to specify that the
intent of the act relates to ``monitoring, public notification,
source tracking, sanitary surveys, and prevention efforts to
address the identified sources of beachwater pollution''
instead of ``monitoring and notification.'' It also amends the
authorization of the Act to $60 million. In addition, section 2
specifies that up to 10 percent of the initial $10 million in
appropriations may go towards remediation of source pollution
detected by the BEACH Act. Moreover, up to 40 percent of the
next $5 million in appropriated funding above $10 million may
go to this remediation, and up to 50 percent of funding above
$15 million in appropriations (the remaining $45 million made
available for the fiscal year) may go to this remediation.
Section 3. Funding for Beaches Environmental Assessment and Coastal
Health Act
Section 3 would extend the authorization of the Act until
2013.
Section 4. State reports
Section 4 specifies that the all environmental state
agencies with authority to treat sources of beachwater
pollution must be notified if water quality standards are
exceeded.
Section 5. Use of rapid testing methods
Section 5 specifies that in order to receive grant money as
specified by this bill a state or local government program must
identify rapid testing methods to test water quality. Rapid
testing is defined as a method of testing for which results are
available within 2 hours after the commencement of the test.
Section 5 also requires the Administrator to validate these
rapid testing methods in no later than 2 years after enactment.
Section 6. Prompt communication with state environmental agencies
Section 6 specifies that in order to receive grant money, a
state or local government program must identify measures to
ensure the results of the testing methods will be communicated
to all state agencies that have the authority to treat sources
of beachwater pollution within 24 hours of obtaining test
results.
Section 7. Content of state and local programs
Section 7 specifies that as a condition of receiving grant
money from this Act, a program must create a database of
certain data accumulated through the testing process, and
identify methods to communicate information to the public and
the measures that are used 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. Specifically,
these programs must identify: (a) 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; (b) 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 (c) 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.
Section 8. Compliance review
Section 8 requires annual compliance reviews to ensure that
programs that are receiving grant money under this Act are
complying with its requirements, and that any shortcomings are
promptly corrected. The Government Accountability Office is
required to complete a review every three years.
Section 9. Study of grant distribution formula
Section 9 requires a review of the Act's grant formula
ensure that the distribution of the grant funding, as provided
by EPA, is done in an equitable and appropriate way,
considering 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. Under the Act, EPA must study the distribution of
its grants, and report to Congress within one year, as well as
modify its grant formulas based on those findings.
Legislative History
S. 2766 was introduced by Senator Lautenberg of New Jersey,
and Senator Voinovich of Ohio, and Senator Menendez of New
Jersey and Senator Warner of Virgina. They were later joined by
the following cosponsors: Senators Cardin, Durbin, Kerry,
Klobuchar, Lieberman, and Stabenow. (as of June 20, 2008). The
bill was read twice and referred to the Senate Committee on
Environment and Public Works. The Committee met on May 21,
2008, when S. 2844 was ordered favorably reported as amended by
voice vote.
Hearings
The Subcommittee on Transportation Safety, Infrastructure
Security, and Water Quality held a hearing entitled,
``Protecting Water Quality at America's Beaches'' on Wednesday,
June 27, 2008, at which the BEACH Act and related legislation
(including S. 1506) were discussed.
Rollcall Votes
The Committee adopted, by unanimous consent, amendments
proposed by Senator Inhofe to clarify the time at which results
from a rapid testing method shall be available, and to clarify
that a State or local government that is not in compliance with
certain requirements shall be required to pay a cost-share of
up to 50 percent.
Regulatory Impact Statement
The Committee notes that the Congressional Budget Office
has determined that S. 2844 contains no private sector mandates
as defined in the Unfunded Mandates Reform Act (UMRA).
Mandates Assessment
The Committee notes that the Congressional Budget Office
has determined that S. 2844 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA) and would impose no costs on state, local, or
tribal governments.
Congressional Budget Office Cost Estimate
S. 2844--Beach Protection Act of 2008
Summary: S. 2844 would authorize the appropriation of $60
million a year over the 2008-2013 period for the water quality
program that benefits coastal states under the Clean Water Act.
Under this program, the Environmental Protection Agency (EPA)
provides grants to state or local governments to support their
efforts to monitor the quality of coastal waters and notify the
public when beach water does not meet established standards.
This legislation also would authorize the appropriation of such
sums as necessary to manage the water quality program through
2013.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing the bill would cost $293 million
over the 2009-2013 period and $12 million after 2013. Enacting
the legislation would not affect direct spending or revenues.
S. 2844 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary impact of S. 2844 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Administrative Support:
Estimated Authorization Level............................ 1 1 1 1 1 5
Estimated Outlays........................................ 1 1 1 1 1 5
Beach Protection Grants:
Authorization Level...................................... 60 60 60 60 60 300
Estimated Outlays........................................ 48 60 60 60 60 288
Spending Under S. 2844:
Estimated Authorization Level............................ 61 61 61 61 61 305
Estimated Outlays........................................ 49 61 61 61 61 293
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
2844 will be enacted before the end of fiscal year 2008 and
that the necessary funds will be appropriated for each year
beginning in 2009.
The bill would authorize the appropriation of $60 million
annually over the 2008-2013 period for grants to state and
local governments to implement beach water quality and public
notification programs. Based on historical spending patterns
for those grants, CBO estimates that providing the grants would
cost $288 million over the 2009-2013 period and $12 million
after 2013.
S. 2844 also would authorize the appropriation of such sums
as may be necessary for EPA to manage the program through 2013.
Assuming appropriations for such administrative activities
would continue at the 2008 level, CBO estimates that
implementing the program would cost about $1 million a year
over the 2009-2013 period. In total, CBO estimates that outlays
resulting from the appropriations for grants and administrative
activities would sum to $293 million over the 2009-2013 period.
Intergovernmental and private-sector impact: S. 2844
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA) and would
impose no costs on state, local, or tribal governments.
Previous CBO estimate: On November 13, 2007, CBO
transmitted a cost estimate for H.R. 2537 as ordered reported
by the House Committee on Transportation and Infrastructure on
October 31, 2007. The bill is similar to S. 2844, but the
Senate version of the legislation would authorize the
appropriation of $60 million annually through 2013 while the
House version would authorize the appropriation of $40 million
annually through 2012. As a result, CBO estimates that S. 2844
would cost $107 million more than H.R. 2537 over the 2009-2013
period.
Estimate prepared by: Federal Costs: Susanne Mehlman and
Jeffrey LaFave; impact on State, Local, and Tribal Governments:
Neil Hood; impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
ADDITIONAL VIEWS OF SENATOR INHOFE
I appreciate the success of states and communities
providing appropriate public health information to citizens
swimming and recreating in proximity to our nation's beaches.
The BEACH Act authorization culminated in 2005 and I agree that
reauthorization is appropriate. However, S. 2844, the BEACHES
Act of 2008, has significant issues accompanying the
reauthorization language.
The BEACHES Act of 2008 (the Act) doubles the
appropriations authorization and greatly expands the original
intent of the BEACHES Act of 2000 grant program. Since 2000,
the legislation has provided authority and funding for states
and local governments to monitor and issue public health
advisories when beach water is deemed unsafe for human contact.
This legislation increases the authorized activities under the
grants to include tracking and treating beach water-related
pollution. To cover the cost of this expansion, the bill
doubles the appropriation authorization from $30,000,000 to
$60,000,000. I believe this increase in the appropriation
authorization is unwarranted based on the approximate annual
appropriations average of $10,000,000, which is only \1/3\ the
authorized appropriation ceiling. Additionally, I believe
grants authorized for pollution remediation should leverage
state and local funding sources by requiring a non-federal cost
share analogous to current grant programs outlined in the
Federal Water Pollution Control Act (i.e. Section 205
Capitalization Grants).
Concerns also arise from Section 5 of the Act requiring the
use and validation of rapid testing methods based on criteria
that is currently being revised. Presently, EPA's water quality
testing criteria is based on lengthy sampling and testing
processes, including growing and counting bacteria over a 24 to
48 hour period. It's illogical to mandate that new testing
methods be established based on old criteria, but rather they
should be constructed inversely by first allowing EPA to
establish criteria, followed by rapid testing method
validation. EPA, in coordination with stakeholders, has
committed to updating its water quality criteria by no later
than 2012. This legislation should require that rapid testing
methods be based on up-to-date criterion instead of imposing
potentially substantial testing costs to state and local
governments when testing methods and testing equipment
requirements are could change.
It is also apparent that grant funding will likely be used
beyond monitoring and remediation actions and includes
enforcement related activities through ``source
identification'' and ``reporting.'' Currently, Congress
provides funding for both remediation through a variety of
grants including State Revolving Funds, as well as, water
discharge and pollution tracking through the Environmental
Protection Agencies annual enforcement budget. I believe these
inclusions to the BEACH Act reauthorization are duplicative.
Overall, the bill adds additional requirements to grant
recipients for a program that receives approximately \1/3\ of
its annual authorized appropriations, unjustifiably doubles the
appropriation authorization, adds grants for duplicative
activities, inappropriately mandates testing methods before
important pollution criterion are established, and inequitably
excludes states and local governments from 100 percent
federally funded grants for water infrastructure projects based
on their proximity to Great Lake and Ocean beaches.
James M. Inhofe.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
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FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE I--RESEARCH AND RELATED PROGRAMS
DECLARATION OF GOALS AND POLICY
Sec. 101. (a)* * *
* * * * * * *
Sec. 304. (a)(1) The Administrator, after consultation
with appropriate Federal and State agencies and other
interested persons, shall develop and publish, within one year
after the date of enactment of this title (and from time to
time thereafter revise) criteria for water quality accurately
reflecting the latest scientific knowledge (A) on the kind and
extent of all identifiable effects on health and welfare
including, but not limited to, plankton, fish, shellfish,
wildlife, plant life, shorelines, beaches, esthetics, and
recreation which may be expected from the presence of
pollutants in any body of water, including ground water; (B) on
the concentration and dispersal of pollutants, or their
byproducts, through biological, physical, and chemical
processes; and (C) on the effects of pollutants on biological
community diversity, productivity, and stability, including
information on the factors affecting rates of eutrophication
and rates of organic and inorganic sedimentation for varying
types of receiving waters.
(2)* * *
* * * * * * *
(9) Revised criteria for coastal recreation waters.--
(A) In general.--Not later than 5 years after
the date of the 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 rapid 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.
(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.
* * * * * * *
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 the 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] monitoring,
public notification, source tracking, sanitary surveys,
and prevention efforts to address the identified
sources of beachwater pollution for coastal recreation
waters 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]
monitoring, public notification, source
tracking, sanitary surveys, and prevention
efforts to address the identified sources of
beachwater pollution 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] monitoring, public
notification, source tracking, sanitary
surveys, and prevention efforts to
address the identified sources of
beachwater pollution 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] monitoring, public notification,
source tracking, sanitary surveys, and
prevention efforts to address the identified
sources of beachwater pollution 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] monitoring, public
notification, source tracking, sanitary
surveys, and prevention efforts to
address the identified sources of
beachwater pollution as described in
subsection (c); and
(ii) actions taken to notify the
public and all environmental agencies
of the State with authority to prevent
or treat sources of beachwater
pollution 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]
monitoring, public notification, source
tracking, sanitary surveys, and prevention
efforts to address the identified sources of
beachwater pollution 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]
monitoring, public notification, source
tracking, sanitary surveys, and prevention
efforts to address the identified sources of
beachwater pollution 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] monitoring, public notification,
source tracking, sanitary surveys, and
prevention efforts to address the identified
sources of beachwater pollution under this
subsection.
(B) Non-federal share.--The non-Federal share
of the costs of developing and implementing a
[monitoring and notification] monitoring,
public notification, source tracking, sanitary
surveys, and prevention efforts to address the
identified sources of beachwater pollution
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]
monitoring, public notification, source tracking, sanitary
surveys, and prevention efforts to address the identified
sources of beachwater pollution 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] monitoring, public notification,
source tracking, sanitary surveys, and prevention
efforts to address the identified sources of beachwater
pollution, the process by which the State may delegate
to local governments responsibility for implementing
the [monitoring and notification] monitoring, public
notification, source tracking, sanitary surveys, and
prevention efforts to address the identified sources of
beachwater pollution 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, 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; 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]
communication within 24 hours of the receipt of the
results of a water quality sample 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; and
(C) all agencies of the State government with
authority to require the prevention or
treatment of the sources of beachwater
pollution;
(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[.];
(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.
(d) Federal Agency Programs.--Not later than 3 years after
the date of the 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] monitoring, public notification,
source tracking, sanitary surveys, and prevention efforts to
address the identified sources of beachwater pollution 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] monitoring, public notification,
source tracking, sanitary surveys, and
prevention efforts to address the identified
sources of beachwater pollution 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] monitoring, public notification,
source tracking, sanitary surveys, and
prevention efforts to address the identified
sources of beachwater pollution program
(including waters for which fiscal constraints
will prevent the State or the Administrator
from performing [monitoring and notification]
monitoring, public notification, source
tracking, sanitary surveys, and prevention
efforts to address the identified sources of
beachwater pollution 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]
(1) In general.--In the case of a State that has no
program for [monitoring and notification] monitoring,
public notification, source tracking, sanitary surveys,
and prevention efforts to address the identified
sources of beachwater pollution 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]
monitoring, public notification, source tracking,
sanitary surveys, and prevention efforts to address the
identified sources of beachwater pollution program for
the listed waters based on a priority ranking
established by the Administrator using funds
appropriated for grants under subsection (i)--
[(1)](A) to conduct [monitoring and
notification] monitoring, public notification,
source tracking, sanitary surveys, and
prevention efforts to address the identified
sources of beachwater pollution; and
[(2)](B) for related salaries, expenses, and
travel.
(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.
(i) Authorization of Appropriations.--There is authorized to
be appropriated for making grants under subsection (b),
including implementation of [monitoring and notification]
monitoring, public notification, source tracking, sanitary
surveys, and prevention efforts to address the identified
sources of beachwater pollution programs by the Administrator
under subsection (h), [$30,000,000 for each of fiscal years
2001 through 2005] $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.
* * * * * * *
GENERAL DEFINITIONS
Sec. 502. Except as otherwise specifically provided, when
used in this Act:
(1) The term ``State water pollution control agency''
means the State agency designated by the Governor
having responsibility for enforcing State laws relating
to the abatement of pollution.
(2)* * *
* * * * * * *
(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.
* * * * * * *
BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000
* * * * * * *
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] 2013.
* * * * * * *