[Senate Report 117-64]
[From the U.S. Government Publishing Office]
Calendar No. 203
117th Congress} { Report
SENATE
2d Session } { 117-64
======================================================================
SOUTH FLORIDA CLEAN COASTAL WATERS ACT OF 2021
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ON
S. 66
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 3, 2022.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2022
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred seventeenth congress
second session
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota ROGER WICKER, Mississippi
RICHARD BLUMENTHAL, Connecticut JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts TED CRUZ, Texas
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada MIKE LEE, Utah
BEN RAY LUJAN, New Mexico RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado SHELLEY MOORE CAPITO, West Virginia
RAPHAEL WARNOCK, Georgia RICK SCOTT, Florida
CYNTHIA LUMMIS, Wyoming
Melissa Porter, Acting Staff Director
John Keast, Minority Staff Director
Calendar No. 203
117th Congress} { Report
SENATE
2d Session } { 117-64
======================================================================
SOUTH FLORIDA CLEAN COASTAL WATERS ACT OF 2021
_______
February 3, 2022.--Ordered to be printed
_______
Ms. Cantwell, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 66]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 66) 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. 66, the South Florida Clean Coastal
Waters Act of 2021, 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
There are several algae species that produce toxins
dangerous to humans, fish, shellfish, marine mammals, and
birds.\1\ Harmful algal blooms (HABs) occur when environmental
conditions (e.g., winds, currents, increased temperatures, and
excess nutrient concentrations) promote the rapid growth of
these algae. These blooms often discolor the water and result
in red tides or brown tides.\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\ HABs can occur in
marine, fresh, or brackish water and have been reported in
every U.S. State.\4\ Understanding how the interaction among
environmental factors drives the initiation, severity, and
duration of HAB events has been identified as a critical
component to advancing HAB management.\5\
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\1\National Oceanic and Atmospheric Administration, ``Harmful Algal
Blooms: Frequently Asked Questions,'' updated October 8, 2021 (https://
oceanservice.noaa.gov/hazards/hab/).
\2\National Oceanic and Atmospheric Administration, ``What Is a Red
Tide?,'' updated February 26, 2021 (https://oceanservice.noaa.gov/
facts/redtide.html).
\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, December 2008 (https://aquadocs.org/bitstream/handle/
1834/30786/assess_12-08.pdf?sequence=1&isAllowed=y).
\4\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/).
\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, September 2008 (https://
obamawhitehouse.archives.gov/sites/default/files/microsites/ostp/
jsost_hab0908.pdf).
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One of the best known HABs in the United States occurs
along Florida's gulf coast.\6\ Karenia brevis, a naturally
occurring algae off the coast of Florida, blooms frequently in
this region,\7\ causing a red tide and producing potent
neurotoxins (called brevotoxins). These red tide blooms have
occurred in Florida during 57 of the 66 years between 1953 and
2019.\8\ More recently, an unusually persistent algal bloom
impacted portions of the coast of Florida from October 2017
through the winter of 2018-2019.\9\
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\6\Mote Marine Laboratory & Aquarium, ``Florida Red Tide FAQs''
(https://mote.org/news/
florida-red-tide).
\7\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, July 5, 2019 (https://
www.nationalgeographic.com/environment/oceans/reference/red-tides/).
\8\University of Florida, ``The Basics of Florida Red Tide,''
November 25, 2019 (http://blogs.ifas.ufl.edu/charlotteco/2019/11/25/
the-basics-of-florida-red-tide/).
\9\National Oceanic and Atmospheric Administration, ``Fall 2018 Red
Tide Event That Affected Florida and the Gulf Coast,'' updated February
26, 2021 (https://oceanservice.noaa.gov/hazards/hab/florida-2018.html);
Ibid.
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HABs also occur in Florida's freshwater systems including
in Lake Okeechobee, the Harris chain of lakes, the St. Johns,
St. Lucie, and Caloosahatchee rivers, and estuaries\10\ where
nutrient pollution from agriculture and urban runoff have
caused naturally occurring cyanobacteria to bloom. One study by
the U.S. Geological Survey suggests that, when freshwater
cyanobacteria are exposed to saltwater, their cell walls become
damaged, thereby releasing toxins into the water.\11\
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\10\Florida Fish and Wildlife Conservation Commission,
``Cyanobacteria in Florida Waters'' (https://myfwc.com/research/
redtide/general/cyanobacteria/).
\11\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).
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IMPACTS TO HUMAN HEALTH AND ECOSYSTEMS
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.\12\
Exposure to certain toxins via inhalation or skin contact can
cause eye, nose, and throat irritation, as well as shortness of
breath.\13\ Ingestion of these toxins can cause gastric
distress, liver damage, and lung paralysis, and can lead to
hospitalization or death.\14\
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\12\Centers for Disease Control and Prevention, ``Sources of
Exposure,'' last reviewed April 1, 2021 (https://www.cdc.gov/habs/
exposure-sources.html).
\13\Centers for Disease Control and Prevention, ``Harmful Algal
Bloom (HAB)-Associated Illness: Illness and Symptoms,'' last reviewed
April 19, 2021 (https://www.cdc.gov/habs/illness-symptoms-marine.html).
\14\Wayne W. Carmichael, et al., Human Health Effects from Harmful
Algal Blooms: a Synthesis, International Joint Commission Health
Professionals Advisory Board, November 22, 2013 (http://www.ijc.org/
files/publications/Attachment%202%20Human%20Health%20Effects%20
from%20Harmful%20Algal%20Blooms.pdf).
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In addition to health hazards, HABs can also negatively
impact the freshwater and marine ecosystem. These freshwater
blooms can inhibit light transmission that negatively impacts
submerged aquatic vegetation. 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.\15\ 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,\16\ and significantly reducing or depleting dissolved
oxygen.\17\
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\15\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).
\16\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 (July 25, 1996):
219-231 (https://www.int-res.com/articles/meps/138/m138p219.pdf).
\17\National Oceanic and Atmospheric Administration, National Ocean
Service, ``Harmful Algal Blooms: Frequently Asked Questions'' (http://
oceanservice.noaa.gov/hazards/hab/).
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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.\18\
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\18\National Oceanic and Atmospheric Administration, National Ocean
Service, ``Gulf of Mexico/Florida: Harmful Algal Blooms'' (https://
oceanservice.noaa.gov/hazards/hab/gulf-mexico.html).
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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.\19\ 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.\20\
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\19\Mississippi River/Gulf of Mexico Hypoxia Task Force, ``Hypoxia
101,'' U.S. Environmental Protection Agency (https://www.epa.gov/ms-
htf/hypoxia-101).
\20\National Oceanic and Atmospheric Administration, National Ocean
Service, ``What Is a Dead Zone?'' (http://oceanservice.noaa.gov/facts/
deadzone.html).
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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, negative public
perceptions, and decreased demand for seafood can also cause
significant economic hardships for the commercial fishing
industry. The recent red tides in Florida have adversely
impacted the commercial fishing sector. Governor DeSantis has
requested a fishery disaster declaration from the U.S.
Department of Commerce as a result of this impact.\21\
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\21\Governor Ron DeSantis to Secretary Wilbur Ross, May 24, 2019
(https://media.fisheries.noaa.gov/dam-migration/florida_desantis.pdf).
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Economic impact assessments estimating the cumulative
economic impact of HABs are variable. A September 2000 Woods
Hole Oceanographic Institute study, which was funded by the
National Oceanic and Atmospheric Administration (NOAA),
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 largely
undocumented.\24\
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\22\Donald M. Anderson, et al., Estimated Annual Economic Impacts
From Harmful Algal Blooms (HABs) in the United States, Woods Hole
Oceanographic Institute, September 2000 (https://www.whoi.edu/
fileserver.do?id=24159&pt=10&p=19132).
\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).
\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).
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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\
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\25\Porter Hoagland, et al. ``The Costs of Respiratory Illnesses
Arising From Florida Gulf Coast Karenia Brevis Blooms,'' Environmental
Health Perspectives 117, no. 8 (August 2009): 1239-1243 (https://
ehp.niehs.nih.gov/doi/pdf/10.1289/ehp.0900645).
\26\Donald M. Anderson, et al., Estimated Annual Economic Impacts
From Harmful Algal Bloom (HABs) in the United States, Woods Hole
Oceanographic Institute, September 2000 (https://www.whoi.edu/cms/
files/Economics_report_18564_23050.pdf).
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Property values for homes near a HAB have been documented
to decline during a HAB. Within 5 miles of the coast in
Southwest Florida, property prices declined by approximately 10
percent during a persistent bloom.\27\ This study echoes
findings in previous studies regarding the impact of HABs on
property prices.\28\
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\27\Andrew Bechard, ``External Costs of Harmful Algal Blooms Using
Hedonic Valuation: the Impact of Karenia Brevis on Southwest Florida,''
Environmental and Sustainability Indicators (5):100019 (February 2020)
(doi: https://doi.org/10.1016/j.indic.2020.100019).
\28\Ibid.
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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.\29\ 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.
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\29\Public Law 105-383.
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HABHRCA was reauthorized in 2004 in the Harmful Algal Bloom
and Hypoxia Amendments Act,\30\ 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;\31\ (2) a
scientific assessment of freshwater HABs;\32\ (3) a scientific
assessment of marine HABs;\33\ and (4) scientific assessments
of hypoxia.\34\ The law also authorized research, education,
and monitoring activities related to the prevention, reduction,
and control of harmful algal blooms and hypoxia.
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\30\Public Law 108-456.
\31\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).
\32\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).
\33\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, December 2008 (http://aquaticcommons.org/14920/1/
assess_12-08.pdf).
\34\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, September 2010 (https://
obamawhitehouse.archives.gov/sites/default/files/microsites/ostp/
hypoxia-report.pdf).
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In 2014, the HABHRCA was reauthorized and expanded,
assigning 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,\35\ 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.\36\
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\35\Mississippi River Gulf of Mexico Watershed Nutrient Task Force,
Gulf Hypoxia Action Plan 2008, 2008 (https://www.epa.gov/sites/default/
files/2015-03/documents/2008_8_28_Msbasin_
ghap2008_update082608.pdf).
\36\National Science and Technology Council, Committee on
Environment, Natural Resources, and Sustainability, Harmful Algal
Blooms and Hypoxia in the Great Lakes Research Plan and Action
Strategy: An Interagency Report, Interagency Working Group on the
Harmful Algal Bloom and Hypoxia Research and Control Act of the
Subcommittee on Ocean Science and Technology, Office of Science and
Technology Policy, August 2017 (https://trumpwhitehouse.archives.gov/
wp-content/uploads/2017/12/Harmful-Algal-Blooms-Report-FINAL-
August.2017.pdf).
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In 2019, HABHRCA was again reauthorized. This time, the
legislation formally added the U.S. 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 2021 would
require the 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.\37\ Florida is no exception.\38\ The South Florida
Clean Coastal Waters Act of 2021 would ensure an integrated
Federal assessment of and plan for addressing these blooms in a
highly managed aquatic ecosystem.
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\37\U.S. Global Change Research Program, Impacts, Risks, and
Adaptation in the United States: Fourth National Climate Assessment,
Volume II Ch. 3, 2018 (https://nca2018.globalchange.gov/chapter/3/).
\38\Karl Havens, The Future of Harmful Algal Blooms in Florida
Inland and Coastal Waters, Florida Sea Grant College Program and
University of Florida/Institute of Food and Agricultural Sciences
Extension, February 2018 (https://edis.ifas.ufl.edu/pdffiles/SG/
SG15300.pdf).
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Summary of Provisions
S. 66 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. 66, the South Florida Clean Coastal Waters Act of 2021,
was introduced on January 27, 2021, by Senator Rubio (for
himself and Senator Scott of Florida) and was referred to the
Committee on Commerce, Science, and Transportation of the
Senate. On June 16, 2021, the Committee met in open Executive
Session and, by voice vote, ordered S. 66 reported favorably
without amendment.
116TH CONGRESS
A similar bill, 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 of
Florida 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.
A corresponding bill, H.R. 335, was introduced on January
8, 2019, by Representative Mast [R-FL-18] in the House of
Representatives. H.R. 335 passed the House by voice vote.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 13, 2021.
Hon. Maria Cantwell,
Chairwoman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Madam Chairwoman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 66, the South
Florida Clean Coastal Waters Act of 2021.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sofia Guo.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 66 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 three years a plan to reduce, mitigate, and
control harmful algal blooms in southern Florida. The plan
would be based on interim assessments also required under the
bill. 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. 66 would cost less
than $500,000 over the 2022-2026 period; such spending would be
subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Sofia Guo. 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
S. 66 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. 66 is not expected to have a negative impact on the
Nation's economy.
PRIVACY
S. 66 would have no impact on the personal privacy of
individuals.
PAPERWORK
The reported bill would require the Task Force to complete
an interim integrated assessment, a finalized integrated
assessment, and an action plan. The reported bill would not
increase paperwork requirements for the private sector.
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 2021''.
Section 2. South Florida harmful algal blooms and hypoxia assessment
and action plan.
This section would amend HABHRCA, define ``South Florida'',
require the Task Force to conduct and submit to Congress an
interim integrated assessment (no later than 540 days after
enactment) and a finalized integrated assessment (no later than
3 years after enactment) that would examine harmful algal
blooms and hypoxia in South Florida. Further, this section
would require the Task Force to develop an action plan no later
than 3 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):
THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998
* * * * * * *
[33 U.S.C. 4001 et seq.; Public Law 105-383]
SEC. 604. * * *
SEC. 605. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA.
(a) South Florida.--In this section, the term ``South
Florida'' means--
(1) all lands and waters within the administrative
boundaries of the South Florida Water Management
District;
(2) regional coastal waters, including Biscayne Bay,
the Caloosahatchee Estuary, Florida Bay, Indian River
Lagoon, and St. Lucie River Estuary; and
(3) the Florida Reef Tract.
(b) Integrated Assessment.--
(1) Interim integrated assessment.--Not later than
540 days after the date of enactment of the South
Florida Clean Coastal Waters Act of 2021, the Task
Force, in accordance with the authority under section
603, shall complete and submit to Congress and the
President an interim integrated assessment.
(2) Finalized integrated assessment.--Not later than
3 years after the date of enactment of the South
Florida Clean Coastal Waters Act of 2021, the Task
Force shall finalize, and submit to Congress and the
President, the interim integrated assessment required
by paragraph (1).
(3) Contents of integrated assessment.--The
integrated assessment required by paragraphs (1) and
(2) shall examine 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--
(A) Federal agencies;
(B) State agencies;
(C) regional research consortia;
(D) academia;
(E) private industry;
(F) nongovernmental organizations; and
(G) Indian tribes (as defined in section 4 of
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)).
(c) Action Plan.--
(1) In general.--Not later than 3 years and 180 days
after the date of the enactment of the South Florida
Clean Coastal Waters Act of 2021, 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) 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) Integrated Assessment.--Not later than 18 months after
the date of enactment of the Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2014, the Task Force, in
accordance with the authority under section 603, shall complete
and submit to the Congress and the President an integrated
assessment that examines the causes, consequences, and
approaches to reduce hypoxia and harmful algal blooms in the
Great Lakes, including the status of and gaps within current
research, monitoring, management, prevention, response, and
control activities by--
(1) Federal agencies;
(2) State agencies;
(3) regional research consortia;
(4) academia;
(5) private industry; and
(6) nongovernmental organizations.
(b) Plan.--
(1) In general.--Not later than 2 years after the
date of enactment of the Harmful Algal Bloom and
Hypoxia Research and Control Amendments Act of 2014,
the Task Force shall develop and submit to the Congress
a plan, based on the integrated assessment under
subsection (a), for reducing, mitigating, and
controlling hypoxia and harmful algal blooms in the
Great Lakes.
(2) Contents.--The plan shall--
(A) address the monitoring needs identified
in the integrated assessment under subsection
(a);
(B) develop a timeline and budgetary
requirements for deployment of future assets;
(C) identify requirements for the development
and verification of Great Lakes hypoxia and
harmful algal bloom 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) describe efforts to improve the
assessment of the impacts of hypoxia and
harmful algal blooms by--
(i) characterizing current and past
biological conditions in ecosystems
affected by hypoxia and harmful algal
blooms; and
(ii) quantifying effects, including
economic effects, at the population and
community levels.
(3) Requirements.--In developing the plan, the Task
Force shall--
(A) coordinate with State and local
governments;
(B) consult with representatives from
academic, agricultural, industry, and other
stakeholder groups, including relevant Canadian
agencies;
(C) ensure that the plan complements and does
not duplicate activities conducted by other
Federal or State agencies;
(D) identify critical research for reducing,
mitigating, and controlling hypoxia 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. [606.] 607. PROTECTION OF STATES' RIGHTS
(a) Nothing in this title shall be interpreted to adversely
affect existing State regulatory or enforcement power which has
been granted to any State through the Clean Water Act or
Coastal Zone Management Act of 1972.
(b) Nothing in this title shall be interpreted to expand the
regulatory or enforcement power of the Federal Government which
has been delegated to any State through the Clean Water Act or
Coastal Zone Management Act of 1972.
SEC. [607.] 608. EFFECT ON OTHER FEDERAL AUTHORITY.
(a) Authority Preserved.--Nothing in this title supersedes or
limits the authority of any agency to carry out its
responsibilities and missions under other laws.
(b) Regulatory Authority.--Nothing in this title may be
construed as establishing new regulatory authority for any
agency.
SEC. [608.] 609. DEFINITIONS.
In this title:
(1) Action strategy.--The term ``Action Strategy''
means the comprehensive research plan and action
strategy established under section 603B.
(2) Administrator.--The term ``Administrator'' means
the Administrator of the Environmental Protection
Agency.
(3) Harmful algal bloom.--The term ``harmful algal
bloom'' means marine and freshwater phytoplankton that
proliferate to high concentrations, resulting in
nuisance conditions or harmful impacts on marine and
aquatic ecosystems, coastal communities, and human
health through the production of toxic compounds or
other biological, chemical, and physical impacts of the
algae outbreak.
(4) Hypoxia.--The term ``hypoxia'' means a condition
where low dissolved oxygen in aquatic systems causes
stress or death to resident organisms.
(5) Program.--The term ``Program'' means the national
harmful algal bloom and hypoxia program established
under section 603A.
(6) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, any other territory or
possession of the United States, and any Indian tribe.
(7) Task force.--The term ``Task Force'' means the
Inter-Agency Task Force on Harmful Algal Blooms and
Hypoxia under section 603(a).
(8) Under secretary.--The term ``Under Secretary''
means the Under Secretary of Commerce for Oceans and
Atmosphere.
(9) United states coastal waters.--The term ``United
States coastal waters' includes the Great Lakes.''
SEC. [609.] 610. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Under Secretary to carry out sections 603A and 603B
$20,500,000 for each of fiscal years 2014 through 2018.
(b) Extramural Research Activities.--The Under Secretary
shall ensure that a substantial portion of funds appropriated
pursuant to subsection (a) that are used for research purposes
are allocated to extramural research activities. For each
fiscal year, the Under Secretary shall publish a list of all
grant recipients and the amounts for all of the funds allocated
for research purposes, specifying those allocated for
extramural research activities.
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