text: 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.''.
target: 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.
feat_title: Beaches Environmental Assessment, Closure, and Health Act of 1999