SB93 amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to address harmful algal blooms and their impacts. It reorganizes the existing assessments into a Task Force with a formal Action Strategy process, expands NOAA’s role in monitoring and forecasting, and creates new nationwide infrastructure for observing and incubating solutions.
The bill also broadens definitions and strengthens interagency coordination, with funding provisions to support these activities.
At a Glance
What It Does
Not less frequently than every 5 years, the Task Force must complete and submit an Action Strategy for HABs and hypoxia, covering marine, estuarine, and freshwater systems, wildlife and economic impacts, and research priorities. The act expands agency roles, adds regional chapters, and requires coordination to reduce duplication of effort.
Who It Affects
Federal agencies (Under Secretary, Administrator at EPA/NOAA), States, Indian tribes, local governments, fisheries and agriculture industries, subsistence communities, coastal economies, and regional research entities.
Why It Matters
Establishes a formal, repeatable planning cycle and integrated, cross‑agency approach to predict, monitor, and mitigate HABs/hypoxia, improving food safety, public health, and coastal resilience.
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What This Bill Actually Does
The bill codifies a more centralized and enduring federal framework to fight harmful algal blooms and hypoxia. It replaces or renames elements of the 1998 Act to create a Task Force responsible for an Action Strategy every five years.
This strategy must assess marine and freshwater HABs, their ecological and economic costs, and the effectiveness of mitigation approaches, while also examining how other environmental stressors contribute to HABs. In doing so, it requires coordinated attention to Great Lakes and other critical waters, and it directs attention to the needs of subsistence users and Indigenous communities.
A core thrust is to expand NOAA’s role. The Act requires NOAA to operate and enhance observing and forecasting programs, ensure data are collected and shared according to Integrated Coastal and Ocean Observation System standards, and develop models that consider weather events like hurricanes.
It also broadens EPA’s role to study freshwater HABs and to coordinate with state and local partners, with an emphasis on non-duplication of effort. The legislation creates a National Harmful Algal Bloom Observing Network that ties together federal, state, regional, and local capabilities, leveraging IOOS and emerging technologies to improve real-time and near real-time decision support.
It also establishes a National-Level Incubator Program to accelerate new strategies and technologies for prevention, mitigation, and control, supported by merit-based funding and a data backbone that catalogs licensing, costs, feasibility, and scalability. Definitions expand to consciously include tribal entities, Native Hawaiian organizations, subsistence uses, and other stakeholders, while authorizing targeted appropriations and allowing transfers between agencies to support HAB/Hypoxia work.
The result is a more integrated, evidence-driven approach intended to protect public health, fisheries, and coastal economies.
The Five Things You Need to Know
The bill requires the Task Force to issue an Action Strategy for harmful algal blooms at least every five years.
The Action Strategy must cover causes, ecological and economic impacts, and research priorities across marine, estuarine, and freshwater systems.
NOAA must lead integrated monitoring, forecasting, and data management efforts for HABs and hypoxia.
A National Harmful Algal Bloom Observing Network will unify federal, state, regional, and local observing efforts.
A National-level incubator program will fund and catalog innovative HAB mitigation strategies and technologies.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Task Force, Assessments, and Action Strategy
The core reorganization designates a Task Force and requires an Action Strategy to be submitted not less frequently than every five years. The Strategy must examine HABs in marine and freshwater systems, including the Great Lakes and estuaries, evaluate ecological and economic costs, assess other environmental stressors, identify research priorities, and propose methods to prevent, control, and mitigate HABs. It also emphasizes coordination to minimize duplicated effort across agencies and to incorporate regional perspectives.
National HAB and Hypoxia Program
This section codifies the overarching program structure and aligns it with the action strategy process. It ties together the science assessment and the Strategy and expands the program’s reach to address both marine and freshwater HABs, including subsistence and cultural considerations. It also requires that progress reports reflect agency needs and capabilities, ensuring a coherent national approach.
NOAA Activities
NOAA is tasked with ongoing response activities, enhanced observing/forecasting programs, improved modeling (including weather-driven nutrient resuspension), and efficient data management and dissemination. The section emphasizes avoiding duplication with other agencies and leveraging university resources to extend capacity.
EPA Activities
EPA is authorized to conduct freshwater HAB/hypoxia research, expand monitoring in lakes and reservoirs, coordinate with NOAA on cross‑ecosystem programs, and avoid duplicating existing efforts. The section also directs interagency coordination and practical use of resources from federal, state, and local partners.
National HAB Observing Network
The Under Secretary, via NOAA’s Integrated Ocean Observing System and related centers, shall integrate federal, state, regional, and local observing capabilities. The network will provide a central architecture for ecological forecasting and will coordinate with the Water Quality Portal to store and serve HAB-related data.
National-level Incubator Program
The Under Secretary, with the Administrator and universities, shall establish an incubator program to advance HAB prevention and mitigation technologies. It includes a data base cataloging licensing, costs, feasibility, and scalability, and prioritizes solutions that protect habitats, biodiversity, public health, and vulnerable communities.
Definitions
The definitions section expands terms to include Indian tribes, Tribal organizations, Native Hawaiian organizations, subsistence use, and related entities. It clarifies the scope of subsistence resources and the context for tribal and Indigenous involvement in HAB/hypoxia programs.
Authorization of Appropriations
The bill authorizes specific funding levels for 2026–2030, with explicit allocations to the Under Secretary and the Administrator, and it permits transfer of funds between agencies to support title provisions. This creates a budgetary framework for the expanded program.
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Explore Environment in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- State and local coastal management agencies gain clearer, statutorily guided tools for monitoring and response.
- Fisheries and aquaculture industries face more accurate forecasts and faster response to HAB events, reducing losses.
- Subsistence users and coastal communities benefit from improved monitoring, testing access, and more timely public health advisories.
- Indian tribes and Native Hawaiian organizations gain formal inclusion and protections in HAB/hypoxia planning and management.
- Research universities and regional observing networks receive funding and collaboration opportunities to advance HAB science.
Who Bears the Cost
- States and local governments may incur administrative and coordination burdens to align with the Task Force and Action Strategy.
- Fisheries, aquaculture, and tourism sectors may face costs associated with monitoring, testing, and compliance in certain programs.
- Nonprofit organizations and tribal entities may allocate resources to participate in consultations and data-sharing.
- Private sector contractors and technology providers may incur costs to develop or supply monitoring, forecasting, and data-management tools.
- Federal agencies could experience increased administrative costs from interagency coordination and report requirements.
Key Issues
The Core Tension
How to reconcile a unified national HAB/hypoxia strategy with the practical realities and varying capabilities of states, tribes, and local governments, without creating duplicative or overly burdensome requirements or underfunding critical activities.
The bill’s broad interagency scope raises questions about capacity and funding sufficiency. While the national framework promises better coordination and forecasting, many implementations depend on steady appropriations and effective data standards across multiple agencies and jurisdictions.
A central tension is balancing a unified, nationwide observing network with the diverse needs and capabilities of states, tribes, and local communities, which may require substantial on-the-ground resources and tailored regional approaches. Additionally, several provisions introduce new authorities (e.g., incinerator programs and data portals) that must be integrated with existing programs without duplicating efforts or undermining state autonomy.
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