article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Beaches Environmental Assessment, Closure, and Health Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Nation's beaches and coastal recreation waters are valuable public resources used for recreation by millions of people annually; (2) the beaches of coastal States are hosts to many out-of- State and international visitors; (3) tourism in the coastal zone generates billions of dollars annually; (4) increased population and urbanization of the watershed have contributed to the decline in the environmental quality of coastal waters; (5) pollution in coastal waters is not restricted by State and other political boundaries; (6) coastal States have different methods of testing, and parameters for evaluating, the quality of coastal recreation waters, providing varying degrees of protection to the public; (7) the adoption of consistent criteria by coastal States for monitoring and evaluating the quality of coastal recreation waters, and the posting of signs at beaches notifying the public during periods when the standards are exceeded, would enhance public health and safety; and (8) while the adoption of such criteria will enhance public health and safety, exceedances of such criteria should be addressed (for example, as part of a watershed approach to effectively identify and eliminate sources of pollution). (b) Purpose.--The purpose of this Act is to require uniform criteria and procedures for testing, monitoring, and notifying users of those coastal recreation waters and beaches open for use by the public in order to protect public safety and improve environmental quality. SEC. 3. BEACH AND COASTAL RECREATION WATER QUALITY. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``TITLE VII--BEACH AND COASTAL RECREATION WATER QUALITY ``SEC. 701. DEFINITIONS. ``In this title, the following definitions apply: ``(1) Coastal recreation waters.--The term `coastal recreation waters' means waters adjacent to public beaches of the Great Lakes and other marine coastal waters (including bays, lagoon mouths, and coastal estuaries within the tidal zone) used by the public for swimming, bathing, surfing, or other similar water contact activities. ``(2) Floatable materials.--The term `floatable materials' means any foreign matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, paper products, and fishing gear. ``SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY STATES. ``(a) General Rule.--A State shall adopt water quality criteria for coastal recreation waters which, at a minimum, are consistent with the criteria published by the Administrator under section 304(a)(1) not later than 3\1/2\ years following the date of the enactment of this title. Such water quality criteria shall be developed and promulgated in accordance with the requirements of section 303(c). A State shall incorporate such criteria into all appropriate programs into which such State would incorporate other water quality criteria adopted under section 303(c) and revise such criteria not later than 3 years following the date of publication of revisions by the Administrator under section 703(b). ``(b) Failure of States To Adopt.--If a State has not complied with subsection (a) by the last day of the 3\1/2\-year period beginning on the date of the enactment of this title, the water quality criteria issued by the Administrator under section 304(a)(1) shall become applicable as the water quality criteria for coastal recreational waters for the State, and shall be deemed to have been promulgated by the Administrator pursuant to section 303(c)(4). ``SEC. 703. REVISIONS TO WATER QUALITY CRITERIA. ``(a) Studies.--After consultation with appropriate Federal, State, and local officials, including local health officials, and other interested persons, but not later than the last day of the 3-year period beginning on the date of the enactment of this Act, the Administrator shall conduct, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, studies to provide additional information to the current base of knowledge for use in developing-- ``(1) a more complete list of potential human health risks from inhalation, ingestion, or body contact with coastal recreation waters, including effects to the upper respiratory system; ``(2) appropriate and effective indicators for improving direct detection of the presence of pathogens that are harmful to human health in coastal recreational waters; ``(3) appropriate, accurate, and expeditious methods (including predictive models) for detecting the presence of pathogens, harmful to human health, found in coastal recreation waters; and ``(4) guidance for the State-to-State application of the criteria to be issued under subsection (b) to account for the diversity of geographic and aquatic conditions nationwide. ``(b) Revised Criteria.--Based on the results of the studies conducted under subsection (a), the Administrator, after consultation with appropriate Federal, State, and local officials, including local health officials, and other interested persons, shall-- ``(1) issue, within 5 years after the date of the enactment of this title, revised water quality criteria for pathogens in coastal recreation waters that are harmful to human health, including a revised list of indicators and testing methods; and ``(2) review and revise such criteria from time to time thereafter, but in no event less than once every 5 years. ``SEC. 704. COASTAL BEACH WATER QUALITY MONITORING. ``(a) Monitoring.--Within 18 months after the date of enactment of this title, the Administrator shall publish regulations requiring monitoring by States of those coastal recreation waters and beaches open for use by the public for compliance with applicable water quality criteria and protection of public safety. Monitoring requirements established pursuant to this subsection shall specify, at a minimum-- ``(1) available monitoring methods to be used by States; ``(2) the frequency and location of monitoring based on-- ``(A) the periods of recreational use of such waters; ``(B) the extent and degree of use during such periods; and ``(C) the proximity of coastal recreation waters to known or identified point and nonpoint sources of pollution and in relation to storm events; ``(3) methods for detecting levels of pathogens that are harmful to human health and for identifying short-term increases in pathogens that are harmful to human health in coastal recreation waters, including in relation to storm events; and ``(4) conditions and procedures under which discrete areas of coastal recreation waters may be exempted by the Administrator from the monitoring requirements of this subsection, if the Administrator determines that an exemption will not impair compliance with the applicable water quality criteria for those waters and protection of public safety. ``(b) Notification.-- ``(1) Requirement.--Regulations published pursuant to subsection (a) shall require States to provide prompt notification to local governments, the public, and the Administrator of an exceedance of applicable water quality criteria for State coastal recreation waters or the immediate likelihood of such an exceedance. ``(2) Contents.--Notification pursuant to this subsection shall include, at a minimum-- ``(A) prompt communication of the occurrence, nature, extent, location, and substances (including pathogens) of such an exceedance, or the immediate likelihood of such an exceedance, to a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which an exceedance is identified; and ``(B) posting of signs for the period during which the exceedance continues, sufficient to give notice to the public of an exceedance of applicable water quality criteria for such waters and the potential risks associated with water contact activities in such waters. ``(c) Review and Revision of Regulations.--The Administrator shall review and revise regulations published pursuant to this section periodically, but in no event less than once every 5 years. ``(d) State Implementation.--A State must implement a monitoring and notification program that conforms to the regulations issued pursuant to subsections (a) and (b) not later than 3\1/2\ years after the date of the enactment of this title and revise such program not later than 2 years following the date of publication of revisions by the Administrator under subsection (c). ``(e) Delegation of Responsibility.--Not later than 18 months after the date of the enactment of this title, the Administrator shall issue guidance establishing core performance measures for testing, monitoring, and notification programs and the delegation of such programs under this section to local government authorities. In the case that such responsibilities are delegated by a State to a local government authority, or have been delegated to a local government authority before such date of enactment, in a manner that, at a minimum, is consistent with the guidance issued by the Administrator, State resources, including grants made under section 706, shall be made available to the delegated authority for the purpose of program implementation. ``(f) Floatable Materials Monitoring Procedures.--The Administrator shall provide technical assistance to States for the implementation of uniform assessment and monitoring procedures for floatable materials in coastal recreation waters and specify the conditions under which the presence of floatable material will constitute a threat to public health and safety. ``(g) Occurrence Database.--The Administrator shall establish, maintain, and make available to the public by electronic and other means-- ``(1) a national coastal recreation water pollution occurrence database, using reliable information, including that reported under subsection (b); and ``(2) a listing of those communities complying with the regulations issued under subsections (a) and (b). ``SEC. 705. REPORT TO CONGRESS. ``Not later than 4 years after the date of the enactment of this title, and periodically thereafter, the Administrator shall submit to Congress a report including-- ``(1) recommendations concerning the need for additional water quality criteria and other actions needed to improve the quality of coastal recreation waters; and ``(2) an evaluation of State efforts to implement this title. ``SEC. 706. GRANTS TO STATES. ``(a) Grants.--The Administrator may make grants to States for use in fulfilling requirements established pursuant to sections 702 and 704. ``(b) Cost Sharing.--The total amount of grants to a State under this section for a fiscal year shall not exceed 50 percent of the cost to the State of implementing requirements established pursuant to sections 702 and 704. ``(c) Eligible State.--After the last day of the 3\1/2\-year period beginning on the date of the enactment of this title, the Administrator may make a grant to a State under this section only if the State demonstrates to the satisfaction of the Administrator that it is implementing its monitoring and notification program under section 704. ``SEC. 707. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Administrator-- ``(1) for use in making grants to States under section 706 not more than $9,000,000 for each of fiscal years 2000 through 2004; and ``(2) for carrying out the other provisions of this title not more than $3,000,000 for each of fiscal years 2000 through 2004.''.
summary: Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks from inhalation, ingestion, or body contact, including effects to the upper respiratory system; (2) appropriate and effective indicators and appropriate, accurate, and expeditious methods for detecting the presence of pathogens in coastal recreational waters; and (3) guidance for State-to-State application of the revised water quality criteria for pathogens required to be issued by the Administrator under this Act that accounts for the diversity of geographic and aquatic conditions nationwide. Directs the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments, the public, and the Administrator of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and notification programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Directs the Administrator to: (1) provide technical assistance to States for the implementation of uniform assessment and monitoring procedures for floatable materials in such waters; (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety; and (3) establish a national coastal recreation water pollution occurrence database and a listing of communities complying with the monitoring and notification regulations published pursuant to this Act. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.