II
110th CONGRESS
1st Session
S. 1506
IN THE SENATE OF THE UNITED STATES
May 24, 2007
Mr. Lautenberg (for himself and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, and for other purposes.
Short title
This Act may be cited as the
Beach Protection Act of
2007
.
Beach water pollution source identification and prevention
In general
Section 406 of the
Federal Water Pollution Control Act (33 U.S.C. 1346) is amended in each of
subsections (b), (c), (d), (g), and (h) by striking monitoring and
notification
each place it appears and inserting monitoring,
public notification, source tracking, sanitary surveys, and prevention efforts
to address the identified sources of beachwater pollution
.
Authorization of appropriations
Section 406(i) of the Federal Water Pollution
Control Act (33 U.S.C. 1346(i)) is amended by striking $30,000,000 for
each of fiscal years 2001 through 2005
and inserting $60,000,000
for each of fiscal years 2007 through 2012
.
Funding for Beaches Environmental Assessment and Coastal Health Act
Section 8 of the Beaches Environmental
Assessment and Coastal Health Act of 2000 (114 Stat. 877) is amended by
striking 2005
and inserting 2012
.
State reports
Section
406(b)(3)(A)(ii) of the Federal Water Pollution Control Act (33 U.S.C.
1346(b)(3)(A)(ii)) is amended by inserting and all environmental
agencies of the State with authority to prevent or treat sources of beachwater
pollution
after public
.
Use of rapid testing methods
Contents of state and local government programs
Section 406(c)(4)(A) of the Federal Water
Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is amended by inserting
, including the use of a rapid testing method after the last day of the
1-year period following the date of approval of the rapid testing method by the
Administrator
before the semicolon at the end.
Revised criteria
Section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended—
by inserting
rapid
before testing
; and
by striking
, as appropriate
.
Definition
Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following:
Rapid testing method
The term rapid testing method means a method of testing for which results are available within 2 hours.
.
Prompt communication with State environmental agencies
Section 406(c)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)(5)) is amended—
in the matter
preceding subparagraph (A), by striking prompt communication
and
inserting communication within 24 hours of the receipt of the results of
a water quality sample
;
in subparagraph
(A), by striking and
at the end;
in
subparagraph (B), by inserting and
after the semicolon at the
end; and
by adding at the end the following:
all agencies of the State government with authority to require the prevention or treatment of the sources of beachwater pollution;
.
Content of State and local programs
Section 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)) is amended—
in paragraph (6),
by striking and
at the end;
in paragraph (7), by striking the period at the end and inserting a semicolon;
by adding at the end the following:
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;
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
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.
.
Compliance review
Section 406(h) of the Federal Water Pollution Control Act (33 U.S.C. 1346(h)) is amended—
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately;
by striking
In the
and inserting the following: (1)
In general.—In
the
; and
by adding at the end the following:
Compliance review
On or before July 31 of each calendar year beginning after the date of enactment of this paragraph, the Administrator shall—
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;
notify the State or local government of the assessment; and
make each of the assessments available to the public in a searchable database on or before December 31 of the calendar year.
Corrective action
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.
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.
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—
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
submit to Congress a report on the results of the review.
.