House Committee Passes Beach Protection Act

Washington, D.C. --- U.S. Reps. Frank Pallone Jr. and U.S. Sen. Frank R. Lautenberg (D-NJ) praised the House Transportation and Infrastructure Committee for passing legislation that requires tough new beach water quality testing and public notification standards so beachgoers are better informed about the safety of their beaches.

The Clean Coastal Environment and Public Health Act of 2009 reauthorizes grants awarded to states through the Beaches Environmental Assessment and Coastal Health (BEACH) Act through 2013. It will also increase the annual grant levels from $30 million to $40 million.

The legislation mandates the use of rapid testing methods by requiring the U.S. Environmental Protection Agency (EPA) to approve the use of rapid testing methods that detect bathing water contamination as soon as practicable and not more than six hours after a water quality sample is received by the testing facility. It also requires the EPA to review the rapid testing method every five years and implement the fastest method.

Current water quality monitoring tests, like those used in New Jersey, only test for bacteria levels and take 24 to 48 hours to produce reliable results. During this time many beachgoers can be unknowingly exposed to harmful pathogens. More immediate results would prevent beaches from remaining open when high levels of bacteria are found.

"New Jersey's beaches are vital, not only to residents of the state but also for the countless tourists who come to visit each year. Our shores are a tremendous resource for those who come here to enjoy them and they are the primary driver of our tourism economy," Pallone said. "This legislation will help ensure that beachgoers can surf, swim and play on clean and safe beaches. I am very pleased that the Transportation and Infrastructure Committee passed this legislation today, putting us one step closer to passing this important bill in the House."

"New Jersey's beaches are a treasure we must protect. Our law nine years ago was an important step in ensuring cleaner, safer beaches and this new measure will further protect our shores and our waters from pollution. It will also help protect coastal economies by providing more timely and accurate information on pollution levels, allowing beaches to re-open as soon as water quality returns to safe levels," said Sen. Lautenberg, who authored the 2000 BEACH Act which set water quality testing and notification requirements so beachgoers are better informed about the safety of their beaches.

In addition to the water quality monitoring and notification standards currently required under the BEACH Act, the legislation will expand the scope to include pollution source tracking efforts. The bill also requires that beach water quality violations are disclosed not only to the public, but to all relevant state agencies with beach water pollution authority.

The Clean Coastal Environment and Public Health Act will hold states accountable by requiring the EPA administrator to conduct annual reviews of grantees' compliance with the BEACH Act process requirements. States will have one year to comply with the new environmental standards or be required to pay at least a 50 percent match for their grant until they come back into compliance.