The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Environment and Natural Resources
BILL: SB 834
INTRODUCER: Senator Brodeur
SUBJECT: Long-term Cleanup of Harmful Algal Blooms
DATE: November 29, 2021
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Pre-meeting
2. AEG
3. AP
I. Summary:
SB 834 is the “Implementation of Long-term Solutions for Cleaning Florida’s Water Bodies
Act.” It directs the Department of Environmental Protection (DEP) to:
Procure technologies to physically remove algae, toxins, and nutrients from water bodies in
the state;
Provide the best available technology and other resources for reduction and long-term
cleanup of harmful algal blooms; and
Develop a plan for emergency response action.
The bill requires DEP to give preference to technologies that reduce nitrates and toxins that
foster harmful algal blooms, are scalable, and are proven to improve water quality in freshwater
bodies.
II. Present Situation:
Water Quality and Nutrients
Phosphorous and nitrogen are naturally present in water and are essential nutrients for the
healthy growth of plant and animal life.
1
The correct balance of both nutrients is necessary for a
healthy ecosystem; however, excessive amounts can cause significant water quality problems.
Phosphorous and nitrogen are derived from natural and human-made sources. Natural sources
include the atmosphere, soils, and the decay of plants and animals. Human-made sources include
sewage disposal systems (wastewater treatment facilities and septic systems), overflows of storm
1
U.S. Environmental Protection Agency (EPA), Sources and Solutions, https://www.epa.gov/nutrientpollution/sources-and-
solutions (last visited Nov. 18, 2021).
REVISED: BILL: SB 834 Page 2
and sanitary sewers (untreated sewage), agricultural production and irrigation practices, and
stormwater runoff.
2
Harmful Algal Blooms
Algal communities naturally occur in healthy aquatic ecosystems.
3
However, under certain
conditions algae may grow excessively or “bloom” and produce toxins that can harm human
health, animals, aquatic ecosystems, and the economy. Harmful algal blooms are sometimes
visible as green, yellow, red, or brown discolorations in the water that look like scums, paint-like
slicks, clotted mats, or foam. Visible signs of a bloom are not necessary for algal toxins to exist
in quantities sufficient to cause harm.
4
The image below is an aerial view of a cyanobacteria
bloom in Lake Okeechobee.
5
2
Id.
3
Congressional Research Service, Freshwater Harmful Algal Blooms: Causes, Challenges, and Policy Considerations, 1-2
(July 8, 2020) available at https://crsreports.congress.gov/product/pdf/R/R44871.
4
Id.
5
USGS, Tracking the Bad Guys: Toxic Algal Blooms, https://www.usgs.gov/center-news/tracking-bad-guys-toxic-algal-
blooms#:~:text=An%20aerial%20view%20of%20Lake%20Okeechobee%20in%20Florida,inhabit%20water%20in%20every
%20corner%20of%20the%20world (last visited Nov. 18, 2021). BILL: SB 834 Page 3
Many factors may influence the occurrence and prevalence of harmful algal blooms in
freshwater, including water temperature, nutrient concentration, pH, water circulation, and
availability of light. Nutrient enrichment, especially nitrogen and phosphorous enrichment, is one
of the key causes of harmful algal blooms. When high levels of nutrients enter a body of water,
they stimulate plant and algal growth, which can lead to depletion of dissolved oxygen, reduced
transparency, changes to the biological community, and degradation of the aesthetic appeal of
the water. This process is called eutrophication.
6
Studies also indicate that increased temperatures and changes in frequency and intensity of
rainfall associated with climate change may favor harmful algal bloom formation. Some studies
have found that swings between flooding and drought may result in more harmful algal blooms.
For example, if intense rainfall is followed by drought, nutrients washed into receiving water
bodies may remain there longer, increasing the potential for a harmful algal bloom.
7
While many types of harmful algal blooms can occur in bodies of freshwater, cyanobacteria
(sometimes called blue-green algae) blooms are most frequent and severe. Some species of
cyanobacteria produce cyanotoxins, which can cause hepatic (liver-related), neurologic,
respiratory, dermatologic, and other symptoms in humans and other animals. Exposure to
cyanotoxins may occur by consuming tainted drinking water, fish or shellfish; swimming or
recreating in waters with certain concentrations of cyanotoxins; and inhaling aerosolized
cyanotoxins.
8
Long-term health effects from cyanotoxin exposure is unclear.
9
Blue-Green Algae Task Force
In 2019, Governor DeSantis directed the Department of Environmental Protection (DEP) to
establish a Blue-Green Algae Task Force to expedite reduction of nutrient pollution and
cyanobacteria blooms in the state.
10
The task force provides guidance and specific, science-based
recommendations with the goal of expediting the restoration of water bodies that have been
adversely affected by cyanobacteria blooms.
11
The task force has focused on source
identification, nutrient reduction and remediation efforts, algal toxins and human health effects,
and innovative technologies as they relate to the prevention, cleanup, and mitigation of harmful
algal blooms.
12
6
Id. at 6.
7
Id.
8
Id. at 3. Common cyanotoxins that can cause illness in people and animals include: microcystin, cylindrospermopsin,
anatoxin, saxitoxin, nodularin, and lyngbyatoxins. CDC, Illness and Symptoms: Cyanobacteria in Fresh Water,
https://www.cdc.gov/habs/illness-symptoms-freshwater.html (last visited Nov. 19, 2021).
9
CDC, Illness and Symptoms.
10
State of Florida, Office of the Governor, Executive Order Number 19-12 (2019), available at https://www.flgov.com/wp-
content/uploads/orders/2019/EO_19-12.pdf; DEP, Blue-Green Algae Task Force, https://protectingfloridatogether.gov/state-
action/blue-green-algae-task-force (last visited Nov. 18, 2021).
11
DEP, Blue-Green Algae Task Force Consensus Document #1 (Dec. 2, 2019), available at
https://floridadep.gov/sites/default/files/Final%20Consensus%20%231_0.pdf.
12
Id. BILL: SB 834 Page 4
Nutrient and Algae Removal Technologies
There are three key elements to managing cyanobacteria blooms: monitoring, mitigation, and
prediction. Mitigation, especially through nutrient reduction, is likely to be most effective in the
long term.
13
Mitigation methods that are commonly used to reduce nutrient loads generally
include: upgrading sewage treatment plants; more effectively managing stormwater; controlling
erosion; reducing excess fertilizer in agriculture; and utilizing retention ponds and wetlands to
intercept and assimilate nutrient loads.
14
Because many of these strategies may take decades to
have a sustained effect on algal blooms, it is important to have reactive options.
15
Shorter-term, within-lake management options can be either physical, biological, or chemical.
Physical methods include:
Ultrasonics,
Booms and curtains,
Surface mixers,
Fountains,
Oxygenation (including nanobubbles),
Destratification,
Withdrawal of bottom waters,
Light exclusion technology, and
Flow manipulation.
16
Chemical methods include:
Hydrogen peroxide,
Geochemical compounds (e.g., alum, Phoslock
TM
, Aqual-P, etc.),
Sediment capping, and
Plant extracts.
17
Biological methods include:
Biological treatments (e.g., bacterial seeding),
Biomanipulation of the food web, and
Aquatic plants.
18
DEP’s Innovative Technology Grant Program is available to local governmental entities for
projects that evaluate and implement innovative technologies and short-term solutions to combat
algal blooms and nutrient enrichment, restore and preserve Florida waterbodies, and implement
certain water quality treatment technologies.
19
Project proposals must prevent, mitigate, or clean
13
Intergovernmental Oceanographic Commission/UNESCO, Solutions for Managing Cyanobacterial Blooms, 6 (2019),
available at http://www.globalhab.info/files/Cyano_mitigation_GlobalHAB2019.pdf.
14
In Florida, these types of mitigation methods are often adopted through regulatory practices such as Basin Management
Action Plans (BMAPs). BMAPs are the primary method that DEP uses to address pollutant loading for impaired waterbodies.
Section 403.061, F.S.
15
Solutions for Managing Cyanobacterial Blooms at 6.
16
Id. at 14.
17
Id. at 14.
18
Id. at 14.
19
DEP, Grants, https://protectingfloridatogether.gov/state-action/grants-submissions (last visited Nov. 19, 2021). BILL: SB 834 Page 5
up harmful algal blooms, with an emphasis on nutrient reductions, or must improve the ability to
predict and monitor harmful algal blooms.
20
Key funding considerations include whether the
project:
Is innovative,
Avoids environmental harm,
Is scalable,
Has water quality benefits,
Is ready to construct, and
Is geographically located in an area with a water quality restoration plan (reasonable
assurances plan or BMAP).
21
As of June 2021, DEP allocated the funds in this grant program towards 20 innovative
technology projects totaling $14.9 million. DEP has given the grants to local governments,
universities, and water management districts to develop and test the technologies in locations
throughout the state.
22
Of the 20 projects, seven are dedicated to nutrient reductions; nine are
focused on addressing algae in waterways through algicides, nanobubble technology,
soundwaves, and mechanical harvesting; and four are designed to identify how to better predict
formation of algal blooms.
23
III. Effect of Proposed Changes:
The bill contains whereas clauses that acknowledge the following:
Governor DeSantis created the Blue-Green Algae Task Force to improve water quality for
the benefit of all Floridians;
The task force and the Department of Environmental Protection (DEP) are working together
to pilot innovative technologies to eliminate harmful algal blooms and clean waterbodies in
this state;
Funding is necessary to implement a long-term program to clean waterbodies that are high in
nitrates and nutrients; and
DEP is responsible for cleanup of this state’s waterbodies.
Section 1 names the act “Implementation of Long-term Solutions for Cleaning Florida’s Water
Bodies Act.”
Section 2 directs DEP to address the growing threat to the general public from harmful algal
blooms by:
Procuring innovative technologies to physically remove harmful algae, toxins, and nutrients
from water bodies;
Providing resources to reduce harmful algal blooms;
20
DEP, Blue Green Algae Task Force,
https://www.protectingfloridatogether.gov/sites/default/files/documents/210623_BGATF-Materials-Web.pdf (last visited
Nov. 19, 2021).
21
Id.
22
Id.
23
DEP, Innovative Technologies,
https://www.protectingfloridatogether.gov/sites/default/files/documents/DEP%20Innovative%20Tech%20Presentation.pdf
(last visited Nov. 19, 2021). BILL: SB 834 Page 6
Providing the best available technology for long-term cleanup of harmful algal blooms; and
Developing a plan for emergency response action.
The bill directs DEP to give preference to innovative technologies that:
Reduce the nitrates and toxins fostering harmful algal blooms,
Are scalable, and
Are proven to improve water quality in freshwater bodies.
Section 3 provides that the effective date is July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Businesses providing solutions to harmful algal blooms may see a positive fiscal impact
from grants provided pursuant to this bill.
C. Government Sector Impact:
A grant program addressing harmful algal blooms may have a negative fiscal impact on
the state, but water quality improvements may have a positive impact in the long term. BILL: SB 834 Page 7
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
None.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.