[Senate Report 116-257]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 518
116th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      116-257

_______________________________________________________________________

                                     


             SOUTH FLORIDA CLEAN COASTAL WATERS ACT OF 2019

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 10















[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]













                August 13, 2020.--Ordered to be printed
                
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                  U.S. GOVERNMENT PUBLISHING OFFICE
                  
99-010                 WASHINGTON : 2020                 
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             second session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director























                                                      Calendar No. 518
116th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      116-257

======================================================================



 
             SOUTH FLORIDA CLEAN COASTAL WATERS ACT OF 2019

                                _______
                                

                August 13, 2020.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                          [To accompany S. 10]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 10) to require the Inter-Agency 
Task Force on Harmful Algal Blooms and Hypoxia to develop a 
plan for reducing, mitigating, and controlling harmful algal 
blooms and hypoxia in South Florida, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 10, the South Florida Clean Coastal 
Waters Act of 2019, is to amend the Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998 to require the Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia (Task 
Force) to develop a plan for reducing, mitigating, and 
controlling harmful algal blooms and hypoxia in South Florida.

                          Background and Needs

    Harmful algal blooms (HABs) occur when environmental 
conditions (e.g., increased temperatures and nutrient 
concentrations) promote the rapid growth of certain algae, 
producing toxic or harmful effects to humans, animals, fish, 
shellfish, marine mammals, and birds.\1\ HABs can occur in 
marine, fresh, or brackish water and have been reported in 
every U.S. State.\2\ Only a small percentage of the world's 
algal species are considered harmful, but HAB events can have 
significant detrimental impacts on human health, marine 
ecosystems, and local economies.\3\
---------------------------------------------------------------------------
    \1\NOAA, ``Harmful Algal Blooms: Frequently Asked Questions'' 
(https://oceanservice.noaa.
gov/hazards/hab/) (accessed Apr. 20, 2020).
    \2\U.S. National Office for Harmful Algal Blooms at the Woods Hole 
Oceanographic Institute, ``Harmful Algae: Distribution of HABS in the 
U.S.'' (https://hab.whoi.edu/maps/regions-us-distribution//) (accessed 
Apr. 25, 2020).
    \3\C.B. Lopez, et al., Scientific Assessment of Marine Harmful 
Algal Blooms, Interagency Working Group on Harmful Algal Blooms, 
Hypoxia, and Human Health of the Joint Subcommittee on Ocean Science 
and Technology, Dec. 2008 (http://aquaticcommons.org/14920/1/assess_12-
08.pdf) (accessed Apr. 26, 2020).
---------------------------------------------------------------------------
    In general, algae proliferates when environmental 
conditions (e.g., nutrient availability, temperature, and 
salinity) are optimal for cell growth. The interaction of these 
factors with several other biological, ecological, chemical, 
and physical processes determine if enhanced cell growth will 
result in harmful biomass accumulation and toxin production.\4\ 
Understanding how the interaction between these factors drive 
the initiation, severity, and duration of HAB events has been 
identified as a critical component to advancing HAB 
management.\5\
---------------------------------------------------------------------------
    \4\P.M. Glibert, et al., ``The Global, Complex Phenomena of Harmful 
Algal Blooms,'' Oceanography 18, no. 2 (Jun. 2005): 136-147 (https://
tos.org/oceanography/assets/docs/18-2_glibert2.pdf) (accessed Apr. 29, 
2020).
    \5\E.B. Jewett, et al., Harmful Algal Bloom Management and 
Response: Assessment and Plan, Interagency Working Group on Harmful 
Algal Blooms, Hypoxia, and Human Health of the Joint Subcommittee on 
Ocean Science and Technology, Sep. 2008 (https://obamawhitehouse.
archives.gov/sites/default/files/microsites/ostp/jsost_hab0908.pdf) 
(accessed Apr. 27, 2020).
---------------------------------------------------------------------------

                 IMPACTS TO HUMAN HEALTH AND ECOSYSTEMS

    Some harmful algae produce toxins which are dangerous to 
humans, fish, shellfish, and other animals. These blooms often 
discolor the water and result in red tides or brown tides.\6\ 
One of the best known HABs in the United States concentrates 
along Florida's gulf coast.\7\ Karenia brevis, the algae 
responsible for Florida red tides, blooms frequently in this 
region,\8\ and produces potent neurotoxins called brevotoxins. 
Humans, wildlife, and domestic animals can be exposed to algal 
toxins through skin contact, ingesting contaminated food or 
water, and inhalation of aerosols containing HAB toxins.\9\ 
Exposure to certain toxins via inhalation or skin contact can 
cause eye, nose, and throat irritation, as well as shortness of 
breath.\10\ Ingestion of these toxins can cause gastric 
distress, liver damage, and lung paralysis, and can lead to 
hospitalization or death.\11\ Florida also faces periodic and 
significant blooms of another type of HAB. Toxic cyanobacteria 
blooms occur in Florida's freshwater systems, and in Lake 
Okeechobee, the Harris chain of lakes, and the St. Johns, St. 
Lucie, and Caloosahatchee rivers and estuaries.\12\ These 
blooms are so frequent that they are actually persistent.\13\ 
Because many of Florida's freshwater systems are managed, these 
blooms and the associated toxins are often transmitted from the 
freshwater where they originate to saltwater outlets where 
their impact is not yet well-understood.\14\ One study by the 
United States Geological Survey suggests that when 
cyanobacteria are exposed to salt, their cell walls become 
damaged, thereby releasing toxins into the water.\15\ In sum, 
several harmful algae threaten human health in Florida--
neurotoxins produced by Karenia brevis and other toxic algae 
can accumulate in fish and shellfish, and cause neurotoxic 
shellfish poisoning, amnesic shellfish poisoning, and Ciguatera 
fish poisoning.\16\
---------------------------------------------------------------------------
    \6\NOAA, ``What Is a Red Tide?,'' last updated Apr. 9, 2020 
(https://oceanservice.noaa.gov/facts/redtide.html) (accessed Apr. 20, 
2020).
    \7\Mote Marine Laboratory & Aquarium, ``Florida Red Tide FAQs'' 
(https://mote.org/news/
florida-red-tide) (accessed Apr. 29, 2020).
    \8\Red tides in Florida can occur almost every year and frequently 
in other regions of the Gulf of Mexico. See Jenny Howard, ``Red Tides, 
Explained,'' National Geographic, Jul. 5, 2019 (https://
www.nationalgeographic.com/environment/oceans/reference/red-tides/) 
(accessed Apr. 20, 2020).
    \9\Centers for Disease Control and Prevention, ``Sources of 
Exposure & Risk Factors: Routes of Exposure'' (https://www.cdc.gov/
habs/exposure-sources.html) (accessed Apr. 27, 2020).
    \10\Centers for Disease Control and Prevention, ``Humans and Marine 
Water-associated Illnesses'' (https://www.cdc.gov/habs/illness-
symptoms-marine.html) (accessed Apr. 27, 2020).
    \11\Wayne W. Carmichael, et al., Human Health Effects from Harmful 
Algal Blooms: a Synthesis, International Joint Commission Health 
Professionals Advisory Board, Nov. 22, 2013 (http://www.ijc.org/files/
publications/Attachment%202%20Human%20Health%20Effects%20
from%20Harmful%20Algal%20Blooms.pdf) (accessed Apr. 27, 2020).
    \12\Florida Fish and Wildlife Conservation Commission, 
``Cyanobacteria in Florida Waters'' (https://myfwc.com/research/
redtide/general/cyanobacteria/) (accessed Apr. 20, 2020).
    \13\Id.
    \14\U.S. Geological Survey, ``Salty Water Causes Some Freshwater 
Harmful Algae to Release Toxins,'' Oct. 18, 2018 (https://www.usgs.gov/
news/salty-water-causes-some-freshwater-harmful-algae-release-toxins) 
(accessed Apr. 20, 2020).
    \15\Barry H. Rosen, et al, Understanding the Effect of Salinity 
Tolerance on Cyanobacteria Associated With a Harmful Algal Bloom in 
Lake Okeechobee, Florida: U.S. Geological 
Survey Scientific Investigations Report 2018-5092, 2018 (https://
pubs.er.usgs.gov/publication/sir20185092) (accessed Apr. 20, 2020).
    \16\NOAA, ``Gulf of Mexico/Florida: Harmful Algal Blooms'' (https:/
/oceanservice.noaa.gov/
hazards/hab/gulf-mexico.html) (accessed Apr. 29, 2020).
---------------------------------------------------------------------------
    HABs can have significant detrimental impacts to marine and 
freshwater ecosystems. Toxins produced during HAB events have 
caused widespread mortality of marine mammals, sea turtles, 
birds, and wild and cultured fish and shellfish, and are 
increasingly linked to marine mammal unusual mortality events 
(UMEs) in the United States.\17\ Excessive biomass blooms of 
nontoxic HAB species can also negatively impact marine 
ecosystems and wildlife by clogging or lacerating fish gills, 
blocking penetration of sunlight into the water column,\18\ and 
significantly reducing or depleting dissolved oxygen.\19\
---------------------------------------------------------------------------
    \17\Jan H. Landsberg, ``The Effects of Harmful Algal Blooms on 
Aquatic Organisms,'' Reviews in Fisheries Science 10, no. 2 (2002): 
113-390 (https://doi.org/10.1080/20026491051695) (accessed Apr. 29, 
2020).
    \18\Christopher P. Onuf, ``Seagrass Response to Long-term Light 
Reduction by Brown Tide in Upper Laguna Madre, Texas: Distribution and 
Biomass Patterns,'' Marine Ecology Progress Series 138 (Jul. 25, 1996): 
219-231 (https://www.int-res.com/articles/meps/138/m138p219.pdf) 
(accessed Apr. 29, 2020).
    \19\NOAA, ``Harmful Algal Blooms: Frequently Asked Questions'' 
(http://oceanservice.
noaa.gov/hazards/hab/) (accessed Apr. 27, 2020).
---------------------------------------------------------------------------

                                HYPOXIA

    In aquatic systems, hypoxia refers to a situation where the 
concentration of dissolved oxygen is reduced to less than two 
to three parts per million.\20\ Hypoxic areas, sometimes 
referred to as dead zones, frequently occur in coastal and 
estuarine areas after the rapid growth of algae. When this 
explosive growth has consumed all of the available nutrients, 
the algae begins to die and decompose, aided by oxygen-
consuming bacteria. As these bacteria consume most of the 
available oxygen, a dead zone develops. Animals that are able 
to swim away are less affected by these dead zones; however, 
slow-moving or stationary fauna, such as shellfish, are 
particularly susceptible to hypoxia and suffocate.\21\
---------------------------------------------------------------------------
    \20\Mississippi River/Gulf of Mexico Hypoxia Task Force, ``Hypoxia 
101,'' U.S. Environmental Protection Agency (https://www.epa.gov/ms-
htf/hypoxia-101) (accessed Apr. 27, 2020).
    \21\NOAA, ``What Is a Dead Zone?'' (http://oceanservice.noaa.gov/
facts/deadzone.html) (accessed Apr. 27, 2020).
---------------------------------------------------------------------------

                            ECONOMIC IMPACTS

    HABs and hypoxia can have significant negative effects on 
coastal economies in a variety of economic sectors. Poisonings 
in humans can result in lost work and high costs of medical 
treatments. Fish kills, harvesting closures, and negative 
public perceptions and decreased demand for seafood can also 
cause significant economic hardships for the commercial fishing 
industry. Economic impact assessments estimating the cumulative 
economic impact of HABs are variable. A September 2000 National 
Oceanic and Atmospheric Administration (NOAA)-funded study by 
the Woods Hole Oceanographic Institute estimated that the 
annual economic impact of HABs in the United States is 
approximately $50 million, including a cost of $18 million to 
commercial fishing industries, $7 million for recreation and 
tourism effects, and $2 million for monitoring and 
management.\22\ Other studies have estimated economic costs of 
HABs as high as $82 million per year.\23\ Sociocultural impacts 
of HABs may be significant, but remain mostly undocumented.\24\
---------------------------------------------------------------------------
    \22\Donald M. Anderson, et al., Estimated Annual Economic Impacts 
From Harmful Algal Blooms (HABs) in the United States, Woods Hole 
Oceanographic Institute, Sep. 2000 (https://www.whoi.edu/
fileserver.do?id=24159&pt=10&p=19132) (accessed Apr. 27, 2020).
    \23\Porter Hoagland and Sara Scatasta, ``The Economic Effects of 
Harmful Algal Blooms,'' Ecological Studies 189: Ecology of Harmful 
Algae, Springer, 2006 (https://doi.org/10.1007/978-3-540-32210-8_30) 
(accessed Apr. 27, 2020).
    \24\Marybeth Bauer, et al., Harmful Algal Research and Response: A 
Human Dimensions Strategy, National Office for Marine Biotoxins and 
Harmful Algal Blooms, Woods Hole Oceanographic Institution, 2006 
(https://www.whoi.edu/science/B/redtide/nationplan/HARR-HD.pdf) 
(accessed Apr. 28, 2020).
---------------------------------------------------------------------------
    HAB events in Florida result in economic impacts ranging 
from healthcare costs related to hospital and doctor visits, 
beach clean ups, losses in tourism revenue, and impacts to 
fisheries. For example, in Sarasota County, the costs of 
hospital visits for respiratory illnesses alone after a single 
red tide can amount to $4 million,\25\ which does not include 
wages lost from missed workdays. Recurrent red tides in Florida 
have been estimated to cause over $20 million in losses related 
to tourism.\26\
---------------------------------------------------------------------------
    \25\Porter Hoagland, et al. ``The Costs of Respiratory Illnesses 
Arising From Florida Gulf Coast Karenia Brevis Blooms,'' Environmental 
Health Perspectives 117, no. 8 (Aug. 2009): 1239-1243 (https://
ehp.niehs.nih.gov/doi/pdf/10.1289/ehp.0900645) (accessed Apr. 28, 
2020).
    \26\Donald M. Anderson, et al., Estimated Annual Economic Impacts 
From Harmful Algal Bloom (HABs) in the United States, Woods Hole 
Oceanographic Institute, Sep. 2000 (https://www.whoi.edu/cms/files/
Economics_report_18564_23050.pdf) (accessed Apr. 27, 2020).
---------------------------------------------------------------------------

                            FEDERAL EFFORTS

    Federal efforts to develop a comprehensive response to 
problems associated with HABs and hypoxia began in 1998, when 
Congress passed the Harmful Algal Bloom and Hypoxia Research 
and Control Act (HABHRCA) as title VI of the Coast Guard 
Authorization Act of 1998.\27\ The HABHRCA established the Task 
Force through the White House Office of Science and Technology 
Policy (OSTP) and authorized funding for existing and new 
research programs on mitigating HABs and hypoxia. The Task 
Force was required to produce the following: (1) a national 
assessment of HABs; (2) a national assessment of hypoxia; and 
(3) an assessment on hypoxia in the Northern Gulf of Mexico and 
a plan for reducing and controlling hypoxia in the region.
---------------------------------------------------------------------------
    \27\Pub. L. 105-383.
---------------------------------------------------------------------------
    HABHRCA was reauthorized in 2004 in the Harmful Algal Bloom 
and Hypoxia Amendments Act,\28\ which reconstituted the Task 
Force and authorized funding for research programs. The 2004 
amendments also required new reports, including the following: 
(1) regional scale assessments of HABs and hypoxia;\29\ (2) a 
scientific assessment of freshwater HABs;\30\ (3) a scientific 
assessment of marine HABs;\31\ and (4) scientific assessments 
of hypoxia.\32\ The law also authorized research, education, 
and monitoring activities related to the prevention, reduction, 
and control of harmful algal blooms and hypoxia.
---------------------------------------------------------------------------
    \28\Pub. L. 108-456.
    \29\For example, Mississippi River Gulf of Mexico Watershed 
Nutrient Task Force. See Gulf Hypoxia Action Plan 2008, 2008 (https://
www.epa.gov/sites/production/files/2015-03/
documents/2008_8_28_msbasin_ghap2008_update082608.pdf) (accessed Apr. 
28, 2020).
    \30\C.B. Lopez, et al., Scientific Assessment of Freshwater Harmful 
Algal Blooms, Interagency Working Group on Harmful Algal Blooms, 
Hypoxia, and Human Health of the Joint Subcommittee on Ocean Science 
and Technology, 2008 (https://www.whoi.edu/
fileserver.do?id=41023&pt=10&p=19132) (accessed Apr. 29, 2020).
    \31\C.B. Lopez, et al., Scientific Assessment of Marine Harmful 
Algal Blooms, Interagency Working Group on Harmful Algal Blooms, 
Hypoxia, and Human Health of the Joint Subcommittee on Ocean Science 
and Technology, Dec. 2008 (http://http://aquaticcommons.org/14920/1/
assess_12-08.pdf) (accessed Apr. 29, 2020).
    \32\Committee on Environment and Natural Resources, Scientific 
Assessment of Hypoxia in U.S. Coastal Waters, Interagency Working Group 
on Harmful Algal Blooms, Hypoxia, and Human Health of the Joint 
Subcommittee on Ocean Science and Technology, Sep. 2010 (https://
obamawhitehouse.archives.gov/sites/default/files/microsites/ostp/
hypoxia-report.pdf) (accessed Apr. 28, 2020).
---------------------------------------------------------------------------
    In 2014, the HABHRCA was reauthorized and expanded, giving 
NOAA the primary responsibility for administering the program 
and expanding the Task Force's functions. The law also directed 
the Administrator of the Environmental Protection Agency (EPA) 
to provide a report to Congress on progress toward attaining 
goals in the Gulf Hypoxia Action Plan 2008,\33\ and required 
the Task Force to produce a new assessment to examine the 
causes, consequences, and approaches to reduce hypoxia and 
harmful algal blooms in the Great Lakes.\34\
---------------------------------------------------------------------------
    \33\Mississippi River Gulf of Mexico Watershed Nutrient Task Force, 
Gulf Hypoxia Action Plan 2008, 2008 (https://www.epa.gov/sites/
production/files/2015-03/documents/2008_8_28_
msbasin_ghap2008_update082608.pdf) (accessed Apr. 28, 2020).
    \34\National Science and Technology Council, Harmful Algal Blooms 
and Hypoxia in the Great Lakes Research Plan and Action Strategy: An 
Interagency Report, Office of Science and Technology Policy, Aug. 2017 
(https://www.whitehouse.gov/wp-content/uploads/2017/12/Harmful-Algal-
Blooms-Report-FINAL-August.2017.pdf) (accessed Apr. 28, 2020).
---------------------------------------------------------------------------
    In 2019, HABHRCA was again reauthorized. This time, the 
legislation formally added the Army Corps of Engineers to the 
Task Force. It also codified the authority for NOAA or EPA to 
designate a harmful algal bloom or hypoxic event of national 
significance, triggering access to disaster-like assistance 
from the Federal Government.
    The South Florida Clean Coastal Waters Act of 2019 would 
require the HABHRCA Task Force to complete an integrated 
assessment for South Florida, like the assessment conducted for 
the Great Lakes as a result of the 2014 reauthorization bill. 
The general global trend of warming waters, and episodic 
drought/flood intervals, combined with increased nutrient 
pollution of both fresh and saltwater ecosystems, has increased 
the frequency, severity, and persistence of algal blooms across 
the United States.\35\ Florida is no exception.\36\ The South 
Florida Clean Coastal Waters Act of 2019 would ensure an 
integrated Federal assessment of and plan for addressing these 
blooms in a highly managed aquatic ecosystem.
---------------------------------------------------------------------------
    \35\U.S. Global Change Research Program, Fourth National Climate 
Assessment, Volume II: Impacts, Risks, and Adaptation in the United 
States, Ch. 3, 2018 (https://nca2018.globalchange.gov/chapter/3/) 
(accessed Apr. 28, 2020).
    \36\Karl Havens, The Future of Harmful Algal Blooms in Florida 
Inland and Coastal Waters, Florida Sea Grant College Program and UF/
IFAS Extension, Feb. 2018 (https://edis.ifas.ufl.edu/pdffiles/SG/
SG15300.pdf) (accessed Apr. 28, 2020).
---------------------------------------------------------------------------

                         Summary of Provisions

    S. 10 would require the Task Force to do the following:
   Conduct an integrated assessment examining harmful 
        algal blooms and hypoxia in South Florida.
   Develop a plan, based on the integrated assessment, 
        to reduce, mitigate, and control harmful algal blooms 
        and hypoxia in South Florida.

                          Legislative History

    S. 10, the South Florida Clean Coastal Waters Act of 2019, 
was introduced on January 3, 2019, by Senator Rubio and was 
referred to the Committee on Commerce, Science, and 
Transportation of the Senate. Senator Scott was added as a 
cosponsor on June 4, 2019. On November 13, 2019, the Committee 
met in open Executive Session and, by voice vote, ordered S. 10 
reported favorably without amendment.
    In the 115th Congress, S. 3374, the South Florida Clean 
Coastal Waters Act of 2018, was introduced on August 23, 2018, 
by Senator Rubio (for himself and Senator Nelson) and was 
referred to the Committee on Commerce, Science, and 
Transportation of the Senate.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:




    S. 10 would amend the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998 to direct the interagency task 
force on harmful algal blooms to develop and submit to the 
Congress within two years a plan to reduce, mitigate, and 
control harmful algal blooms in southern Florida. The 
interagency task force includes the National Oceanic and 
Atmospheric Administration, the Environmental Protection 
Agency, the Department of the Interior, the Department of 
Agriculture, and other agencies.
    Using information on the cost of completing similar 
reports, CBO estimates that implementing S. 10 would cost less 
than $500,000 over the 2020-2024 period. Any such spending 
would be subject to the availability of appropriated funds.
    On August 6, 2019, CBO transmitted a cost estimate for H.R. 
335, the South Florida Clean Coastal Waters Act of 2019, as 
ordered reported by the House Committee on Science, Space, and 
Technology on July 24, 2019. The two pieces of legislation are 
similar and CBO's estimates of their costs are the same.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    The bill would require Federal inter-agency assessments on 
harmful algal blooms and hypoxia in South Florida, as well as 
development of mitigation and response plans. It does not 
authorize any new regulations and, therefore, will not subject 
any individuals or businesses to new regulations.

                            economic impact

    S. 10, as reported, is not expected to have a negative 
impact on the Nation's economy.

                                privacy

    The reported bill would have no impact on the personal 
privacy of individuals.

                               paperwork

    The reported bill would not increase paperwork requirements 
for either the private or public sectors.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that the bill may be cited as the 
``South Florida Clean Coastal Waters Act of 2019''.

Section 2. South Florida harmful algal blooms and hypoxia assessment 
        and action plan

    This section would amend the Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998 to require the Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia to 
conduct and submit to Congress no later than 540 days after the 
date of enactment an integrated assessment examining harmful 
algal blooms and hypoxia in South Florida. In addition, this 
section would require the Task Force to develop an action plan 
no later than 2 years after the date of enactment, based on the 
integrated assessment, for reducing, mitigating, and 
controlling harmful algal blooms and hypoxia in South Florida. 
The plan would address monitoring needs, timelines and 
budgetary requirements, requirements to develop algal bloom and 
hypoxia models, and a plan to implement a remote monitoring 
network and early warning system for alerting local 
communities.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                 COAST GUARD AUTHORIZATION ACT OF 1998

[Pub. L. 105-383]

           *       *       *       *       *       *       *


SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
     * * * * * * *

                [TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

[Sec. 601. Short title.
[Sec. 602. Findings.
[Sec. 603. Assessments.
[Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.
[Sec. 603B. Comprehensive research plan and action strategy.
[Sec. 604. Northern Gulf of Mexico hypoxia.
[Sec. 605. Great Lakes hypoxia and harmful algal blooms.
[Sec. 606. Protection of States' rights.
[Sec. 607. Effect on other Federal authority.
[Sec. 608. Definitions.
[Sec. 609. Authorization of appropriations.]

                TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Assessments.
Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.
Sec. 603B. Comprehensive research plan and action strategy.
Sec. 604. Northern Gulf of Mexico hypoxia.
Sec. 605. South Florida harmful algal blooms and hypoxia.
Sec. 606. Great Lakes hypoxia and harmful algal blooms.
Sec. 607. Protection of States' rights.
Sec. 608. Effect on other Federal authority.
Sec. 609. Definitions.
Sec. 610. Authorization of appropriations.

           *       *       *       *       *       *       *


               TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

[Title VI may be cited as the Harmful Algal Bloom and Hypoxia Research 
 and Control Act of 1998; Pub. L. 105-383, as amended through Pub. L. 
113-124; 33 U.S.C. 4004 et seq.]

           *       *       *       *       *       *       *


SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

  (a) * * *
  (b) * * *

SEC. 605. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA.

  (a) South Florida.--In this section, the term ``South 
Florida'' has the same meaning given the term ``South Florida 
ecosystem'' in section 601(a)(5) of the Water Resources 
Development Act of 2000 (Public Law 106-541).
  (b) Integrated Assessment.--Not later than 540 days after the 
date of enactment of the South Florida Clean Coastal Waters Act 
of 2019, the Task Force, in accordance with the authority under 
section 603, shall complete and submit to Congress and the 
President an integrated assessment that examines the causes, 
consequences, and potential approaches to reduce harmful algal 
blooms and hypoxia in South Florida, and the status of, and 
gaps within, current harmful algal bloom and hypoxia research, 
monitoring, management, prevention, response, and control 
activities that directly affect the region by--
          (1) Federal agencies;
          (2) State agencies;
          (3) regional research consortia;
          (4) academia;
          (5) private industry; and
          (6) nongovernmental organizations.
  (c) Action Plan.--
          (1) In general.--Not later than 2 years after the 
        date of the enactment of the South Florida Clean 
        Coastal Waters Act of 2019, the Task Force shall 
        develop and submit to Congress a plan, based on the 
        integrated assessment under subsection (b), for 
        reducing, mitigating, and controlling harmful algal 
        blooms and hypoxia in South Florida.
          (2) Contents.--The plan submitted under paragraph (1) 
        shall--
                  (A) address the monitoring needs identified 
                in the integrated assessment under subsection 
                (b);
                  (B) develop a timeline and budgetary 
                requirements for deployment of future assets;
                  (C) identify requirements for the development 
                and verification of South Florida harmful algal 
                bloom and hypoxia models, including--
                          (i) all assumptions built into the 
                        models; and
                          (ii) data quality methods used to 
                        ensure the best available data are 
                        utilized; and
                  (D) propose a plan to implement a remote 
                monitoring network and early warning system for 
                alerting local communities in the region to 
                harmful algal bloom risks that may impact human 
                health.
          (3) Requirements.--In developing the action plan, the 
        Task Force shall--
                  (A) coordinate and consult with the State of 
                Florida, and affected local and tribal 
                governments;
                  (B) consult with representatives from 
                regional academic, agricultural, industry, and 
                other stakeholder groups;
                  (C) ensure that the plan complements and does 
                not duplicate activities conducted by other 
                Federal or State agencies, including the South 
                Florida Ecosystem Restoration Task Force;
                  (D) identify critical research for reducing, 
                mitigating, and controlling harmful algal bloom 
                events and their effects;
                  (E) evaluate cost-effective, incentive-based 
                partnership approaches;
                  (F) ensure that the plan is technically sound 
                and cost-effective;
                  (G) utilize existing research, assessments, 
                reports, and program activities;
                  (H) publish a summary of the proposed plan in 
                the Federal Register at least 180 days prior to 
                submitting the completed plan to Congress; and
                  (I) after submitting the completed plan to 
                Congress, provide biennial progress reports on 
                the activities toward achieving the objectives 
                of the plan.

SEC. [605.] 606. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.

  (a) * * *
  (b) * * *

SEC. [606.] 607. PROTECTION OF STATES' RIGHTS.

  (a) * * *
  (b) * * *

SEC. [607.] 608. EFFECT ON OTHER FEDERAL AUTHORITY.

  (a) * * *
  (b) * * *

SEC. [608.] 609. DEFINITIONS.

   * * *

SEC. [609.] 610. AUTHORIZATION OF APPROPRIATIONS.

  (a) * * *
  (b) * * *

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