,,ii #aaeth ,,congress #ast ,session ,s4 #afbb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bd1 #bjag,mr4 ,menendez introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,federal ,water ,pollution ,control ,act relating to beach monitoring1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,beach ,act of #bjag4 #b4 ,water pollution source identification 7a7 ,monitoring protocols ,section #djf7;a77#a77;,a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdf7;a77#a77;,a77 is amended by striking methods for monitoring and inserting protocols for monitoring that are most likely to detect pathogenic contamination4 7b7 ,source ,tracking ,section #djf7;b7 of such ,act 7#cc ,u4,s4,c4 #acdf7;b77 is amended by adding at the end the following3 7#e7 ,contents of monitoring and notification programs ,for the purposes of this section1 a program for monitoring1 assessment1 and notification shall include1 consistent with performance criteria published by the ,administrator under subsection 7a71 monitoring1 public notification1 storm event testing1 source tracking1 and sanitary surveys1 and may include prevention efforts1 not already funded under this ,act to address identified sources of contamination by pathogens and pathogen indicators in coastal recreation waters adjacent to beaches or similar points of access that are used by the public4 4 7c7 ,authorization of appropriations ,section #djf7;i7 of such ,act 7#cc ,u4,s4,c4 #acdf7;i77 is amended by striking #bjja through #bjje and inserting #bjag through #bjba4 #c4 ,funding for ,beaches ,environmental ,assessment and ,coastal ,health ,act ,section #h of the ,beaches ,environmental ,assessment and ,coastal ,health ,act of #bjjj 7,public ,law #ajf-bhd7 is amended by striking #bjje and inserting #bjba4 #d4 ,state reports ,section #djf7;b77#c77;,a77ii77 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdf7;b77#c77;,a77ii77 is amended by striking public and inserting public and all environmental agencies of the ,state with authority to prevent or treat sources of pathogenic contamination in coastal recreation waters4 #e4 ,use of rapid testing methods 7a7 ,contents of ,state and local government programs ,section #djf7;c77#d77;,a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdf7;c77#d77;,a77 is amended by striking methods and inserting methods1 including a rapid testing method after the last day of the one-year period after the date of validation of that rapid testing method by the ,administrator14 7b7 ,revised criteria ,section #cjd7;a77#i77;,a7 of such ,act 7#cc ,u4,s4,c4 #acad7;a77#i77;,a77 is amended by striking methods1 as appropriate and inserting methods1 including rapid testing methods4 7c7 ,validation and use of rapid testing methods 7#a7 ,validation of rapid testing methods ,not later than #f months after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency 7in this ,act referred to as the ,administrator7 shall complete an evaluation and validation of a rapid testing method for the water quality criteria and standards for pathogens and pathogen indicators described in section #cjd7;a77#i77;,a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acad7;a77#i77;,a774 7#b7 ,guidance for use of rapid testing methods 7,a7 ,in general ,not later than #ahj days after completion of the validation under paragraph 7#a71 after providing notice and an opportunity for public comment1 the ,administrator shall publish guidance for the use at coastal recreation waters adjacent to beaches or similar points of access that are used by the public of a rapid testing method that will enhance the protection of public health and safety through rapid public notification of any exceedance of applicable water quality standards for pathogens and pathogen indicators4 7,b7 ,prioritization ,in developing such guidance1 the ,administrator shall require the use of a rapid testing method at those beaches or similar points of access that are the most used by the public4 7d7 ,definition ,section #ejb of such ,act 7#cc ,u4,s4,c4 #acfb7 is amended by adding at the end the following3 7#bg7 ,rapid testing method ,the term rapid testing method means a method of testing the water quality of coastal recreation waters for which results are available as soon as practicable and not more than #d hours after receipt of the applicable sample by the testing facility4 4 7e7 ,revisions to rapid testing methods 7#a7 ,in general ,upon completion of the validation required under subsection 7c77#a71 and every #e years thereafter1 the ,administrator shall identify and review potential rapid testing methods for existing water quality criteria for pathogens and pathogen indicators for coastal recreation waters4 7#b7 ,revisions to rapid testing methods ,if a rapid testing method identified under paragraph 7#a7 will make results available in less time and improve the accuracy and reproducibility of results when compared to the existing rapid testing method1 the ,administrator shall complete an evaluation and validation of the rapid testing method as expeditiously as practicable4 7#c7 ,reporting requirement ,upon completion of the review required under paragraph 7#a71 the ,administrator shall publish in the ,federal ,register the results of the review1 including information on any potential rapid testing method proposed for evaluation and validation under paragraph 7#b74 7#d7 ,declaration of goals for rapid testing methods ,it is a national goal that by #bjai1 a rapid testing method for testing water quality of coastal recreation waters be developed that can produce accurate and reproducible results in not more than #b hours after receipt of the applicable sample4 #f4 ,notification of ,federal1 ,state1 and local agencies ,section #djf7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdf7;c77 is amended-- 7#a7 in paragraph 7#e71 in the matter preceding subparagraph 7,a71 by striking prompt communication and inserting communication1 within #b hours of the receipt of the results of a water quality sample12 7#b7 by striking paragraph 7#e77;,a7 and inserting the following3 7,a7 in the case of-- 7i7 any ,state in which the ,administrator is administering the program under section #djb1 the ,administrator1 in such form as the ,administrator determines to be appropriate2 and 7ii7 any ,state other than a ,state to which clause 7i7 applies1 all agencies of the ,state government with authority to require the prevention or treatment of the sources of coastal recreation water pollution2 and 2 7#c7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#h71 respectively2 and 7#d7 by inserting after paragraph 7#e7 the following3 7#f7 measures for an annual report to the ,administrator1 in such form as the ,administrator determines appropriate1 on the occurrence1 nature1 location1 pollutants involved1 and extent of any exceedance of applicable water quality standards for pathogens and pathogen indicators2 4 #g4 ,content of ,state and local programs ,section #djf7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdf7;c77 is amended-- 7#a7 in paragraph 7#g7 7as redesignated by section #f7c7 of this ,act7-- 7,a7 by striking the posting and inserting the immediate posting2 and 7,b7 by striking and at the end2 7#b7 by striking the period at the end of paragraph 7#h7 7as redesignated by section #f7c7 of this ,act7 and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#i7 the availability of a geographic information system database that such ,state or local government program shall use to inform the public about coastal recreation waters and that-- 7,a7 is publicly accessible and searchable on the ,internet2 7,b7 is organized by beach or similar point of access2 7,c7 identifies applicable water quality standards1 monitoring protocols1 sampling plans and results1 and the number and cause of coastal recreation water closures and advisory days2 and 7,d7 is updated within #ab hours of the availability of information indicating the presence of pathogens or pathogen indicators2 and 7#aj7 measures to ensure that closures or advisories are made or issued within #b hours after the receipt of the results of a water quality sample that exceeds applicable water quality standards for pathogens and pathogen indicators4 4 #h4 ,compliance review ,section #djf7;h7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdf7;h77 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively2 7#b7 by moving such subparagraphs #b ems to the right2 7#c7 by striking ,in the and inserting the following3 7#a7 ,in general ,in the 2 and 7#d7 by adding at the end the following3 7#b7 ,compliance review ,on or before ,july #ca of each calendar year beginning after the date of enactment of this paragraph1 the ,administrator shall-- 7,a7 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 government2 7,b7 notify the ,state or local government of such assessment2 and 7,c7 make each of the assessments available to the public in a searchable database on the ,internet on or before ,december #ca of such calendar year4 7#c7 ,corrective action ,if a ,state or local government that the ,administrator notifies under paragraph 7#b7 is not in compliance with any requirement or grant condition described in paragraph 7#b7 fails to take such action as may be necessary to comply with such requirement or condition within one year after the date of notification1 any grants made under subsection 7b7 to the ,state or local government1 after the last day of such one-year period and while the ,state or local government is not in compliance with all requirements and grant conditions described in paragraph 7#b71 shall have a ,federal share of not to exceed #ej percent4 7#d7 ,,gao review ,not later than ,december #ca of the third calendar year beginning after the date of enactment of this paragraph1 the ,comptroller ,general shall conduct a review of the activities of the ,administrator under paragraphs 7#b7 and 7#c7 during the first and second calendar years beginning after such date of enactment and submit to ,congress a report on the results of such review4 4 #i4 ,publication of coastal recreation waters pathogen list ,section #cjd7;a77#i7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acad7;a77#i77 is amended by adding at the end the following3 7,c7 ,publication of pathogen and pathogen indicator list ,upon publication of the new or revised water quality criteria under subparagraph 7,a71 the ,administrator shall publish in the ,federal ,register a list of all pathogens and pathogen indicators studied under section #ajd7v74 4 #aj4 ,adoption of new or revised criteria and standards ,section #cjc7;i7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acac7;i77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking water quality criteria and standards and inserting the most protective water quality criteria and standards practicable2 and 7#b7 in paragraph 7#b77;,a71 by striking paragraph 7#a77;,a7 each place it appears and inserting paragraph 7#a74 #aa4 ,national ,list of ,beaches ,section #djf7;g7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdf7;g77 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 regardless of the presence of a lifeguard1 after that are used by the public2 and 7#b7 in paragraph 7#c71 by striking ,the ,administrator and all that follows through the period and inserting ,not later than #ab months after the date of the enactment of the ,beach ,act of #bjag1 and biennially thereafter1 the ,administrator shall update the list described in paragraph 7#a744 #ab4 ,impact of climate change on pathogenic contamination of coastal recreation waters 7a7 ,study ,the ,administrator shall conduct a study on the long-term impact of climate change on pathogenic contamination of coastal recreation waters4 7b7 ,report 7#a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report on the results of the study conducted under subsection 7a74 7#b7 ,information on potential contamination impacts ,the report shall include information on the potential impacts of pathogenic contamination on ground and surface water resources as well as public and ecosystem health in coastal communities4 7#c7 ,federal actions ,the report shall highlight necessary ,federal actions to help advance the availability of information and tools to assess and mitigate these effects in order to protect public and ecosystem health4 7#d7 ,consultation ,in developing the report1 the ,administrator shall work in consultation with agencies active in the development of the ,national ,water ,quality ,monitoring ,network and the implementation of the ,ocean ,research ,priorities ,plan and ,implementation ,strategy4 #ac4 ,impact of excess nutrients on coastal recreation waters 7a7 ,study ,the ,administrator shall conduct a study to review the available scientific information pertaining to the impacts of excess nutrients on coastal recreation waters4 7b7 ,report 7#a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,administrator shall transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report on the results of the study conducted under subsection 7a74 7#b7 ,impacts ,such report shall include information on any adverse impacts of excess nutrients on coastal recreation waters1 including adverse impacts caused by algal blooms resulting from excess nutrients4 7#c7 ,recommendations ,such report shall include recommendations for action to address adverse impacts of excess nutrients and algal blooms on coastal recreation waters1 including the establishment and implementation of numeric water quality criteria for nutrients4 7#d7 ,consultation ,in developing such report1 the ,administrator shall consult with the heads of other appropriate ,federal agencies 7including the ,national ,oceanic and ,atmospheric ,administration71 ,states1 and local government entities4