Florida Senate - 2012                                    SB 1250
       
       
       
       By Senator Hays
       
       
       
       
       20-01316-12                                           20121250__
    1                        A bill to be entitled                      
    2         An act relating to the trading of water quality
    3         credits; amending s. 403.067, F.S.; providing that
    4         state policy is to encourage a water quality credit
    5         trading program through public-private partnerships;
    6         expanding an existing water quality credit trading
    7         pilot program in the Lower St. Johns River Basin to
    8         include the Caloosahatchee, St. Lucie, and Lake
    9         Okeechobee Basins; requiring the South Florida Water
   10         Management District to define the basins; requiring
   11         that the water management district coordinate with the
   12         Department of Environmental Protection to establish
   13         public-private partnerships for the development of
   14         water quality enhancement projects and trading
   15         programs in the designated basins; removing references
   16         to the Lower St. Johns River Basin pilot project;
   17         requiring the department to amend its rules; deleting
   18         a reporting requirement relating to the effectiveness
   19         of the Lower St. Johns River Basin pilot project;
   20         providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Present paragraphs (a) through (g) of subsection
   25  (8) of section 403.067, Florida Statutes, are redesignated as
   26  paragraphs (b) through (h), respectively, a new paragraph (a) is
   27  added to that subsection, and subsection (10) of that section is
   28  amended, to read:
   29         403.067 Establishment and implementation of total maximum
   30  daily loads.—
   31         (8) WATER QUALITY CREDIT TRADING.—
   32         (a) It is the policy of this state to encourage a robust
   33  water quality credit trading program through public-private
   34  partnerships because the trading of water quality credits can
   35  lead to increased environmental benefits at reduced costs to the
   36  state.
   37         (10) PILOT PROGRAMS.—Water quality credit trading shall be
   38  limited to the Lower St. Johns River Basin, the Caloosahatchee
   39  Basin, the St. Lucie Basin, and the Lake Okeechobee Basin. The
   40  Caloosahatchee, St. Lucie, and Lake Okeechobee Basins shall be
   41  defined by the South Florida Water Management District. The
   42  South Florida Water Management District shall coordinate with
   43  the department to establish public-private partnerships for the
   44  development of water quality enhancement projects and water
   45  quality trading programs for such projects in the designated
   46  basins. as defined by the department, as a pilot project. The
   47  department may authorize water quality credit trading and
   48  establish specific requirements for trading in the adopted basin
   49  management action plan for the Lower St. Johns River Basin prior
   50  to the adoption of rules under paragraph (9)(c) in order to
   51  effectively implement the pilot project. Entities that
   52  participate in water quality credit trades shall timely report
   53  to the department the prices for credits, how the prices were
   54  determined, and any state funding received for the facilities or
   55  activities that generated the credits. The department may shall
   56  not participate in the establishment of credit prices. The
   57  department shall amend the rules adopted pursuant to paragraph
   58  (9)(c) to implement pilot programs for the Caloosahatchee, St.
   59  Lucie, and Lake Okeechobee Basins. No later than 24 months after
   60  adoption of the basin management action plan for the Lower St.
   61  Johns River, the department shall submit a report to the
   62  Governor, the President of the Senate, and the Speaker of the
   63  House of Representatives on the effectiveness of the pilot
   64  project, including the following information:
   65         (a) A summary of how water quality credit trading was
   66  implemented, including the number of pounds of pollutants
   67  traded.
   68         (b) A description of the individual trades and estimated
   69  pollutant load reductions that are expected to result from each
   70  trade.
   71         (c) A description of any conditions placed on trades.
   72         (d) Prices associated with the trades, as reported by the
   73  traders.
   74         (e) A recommendation as to whether other areas of the state
   75  would benefit from water quality credit trading and, if so, an
   76  identification of the statutory changes necessary to expand the
   77  scope of trading.
   78         Section 2. This act shall take effect July 1, 2012.