[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\
---------------------------------------------------------------------------
    \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/).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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 (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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \29\Public Law 105-383.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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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