[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:

           *       *       *       *       *       *       *

                              ----------                              


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.

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                          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.

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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.

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