Florida 2023 Regular Session

Florida House Bill H1167 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 1167 2023
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1167-00
9	9	Page 1 of 6
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to mitigation credits; amending s. 2
16	16	373.4136, F.S.; authorizing the Department of 3
17	17	Environmental Protection and water management 4
18	18	districts to release mitigation credits to certain 5
19	19	mitigation banks under specified conditions; requiring 6
20	20	the department and water management districts to 7
21	21	authorize the use of mitigation credits available 8
22	22	within surrounding basins or specified regions; 9
23	23	conforming provisions to changes made by the act; 10
24	24	providing circumstances under which mitigation credits 11
25	25	are deemed unavailable in a basin; requiring 12
26	26	affidavits from mitigation banks before certain 13
27	27	mitigation credits are released; authorizing certain 14
28	28	projects to use mitigation banks regardless of whether 15
29	29	they are located within the mitigation service area; 16
30	30	requiring the department to begin rulemaking on a 17
31	31	specified date; providing an effective date. 18
32	32	19
33	33	Be It Enacted by the Legislature of the State of Florida : 20
34	34	21
35	35	Section 1. Subsection (5) and paragraph (d) of subsection 22
36	36	(6) of section 373.4136, Florida Statutes, are amended to read: 23
37	37	373.4136 Establishment and operation of mitigation banks. — 24
38	38	(5) SCHEDULE FOR CREDIT RELEASE. —After awarding mitigation 25
39	39
40	40	HB 1167 2023
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1167-00
46	46	Page 2 of 6
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	credits to a mitigation bank, the department or the water 26
52	52	management district shall set forth a schedule for the release 27
53	53	of those credits in the mitigation bank permit. A mitigation 28
54	54	credit that has been released may be sold or used to offset 29
55	55	adverse impacts from an activity regulated under this part. 30
56	56	(a) The department or the water management district shall 31
57	57	allow a portion of the mitigation credits awarded to a 32
58	58	mitigation bank to be released for sale or use before prior to 33
59	59	meeting all of the performance criter ia specified in the 34
60	60	mitigation bank permit. The department or the water management 35
61	61	district shall allow the release of all of a mitigation bank's 36
62	62	awarded mitigation credits only after the bank meets the 37
63	63	mitigation success criteria specified in the permit. If 38
64	64	mitigation credits are not available in sufficient quantities to 39
65	65	be sold or used to offset imminent and otherwise allowable 40
66	66	adverse impacts within a mitigation service area, the department 41
67	67	or water management district may release credits to a mitigation 42
68	68	bank before the bank meets the mitigation success criteria 43
69	69	specified in the mitigation bank permit if the bank has been 44
70	70	successfully constructed and there is a high degree of 45
71	71	confidence that the required ecological performance standards 46
72	72	will be met. 47
73	73	(b) The number of credits and schedule for release shall 48
74	74	be determined by the department or water management district 49
75	75	based upon the performance criteria for the mitigation bank and 50
76	76
77	77	HB 1167 2023
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1167-00
83	83	Page 3 of 6
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	the success criteria for each mitigation activity. The release 51
89	89	schedule for a specific mitigation bank or phase thereof shall 52
90	90	be related to the actions required to implement the bank, such 53
91	91	as site protection, site preparation, earthwork, removal of 54
92	92	wastes, planting, removal or control of nuisance and exotic 55
93	93	species, installation of structures, and annual monitoring and 56
94	94	management requirements for success. In determining the specific 57
95	95	release schedule for a bank, the department or water management 58
96	96	district shall consider, at a minimum, the following factors: 59
97	97	1. Whether the mitigatio n consists solely of preservation 60
98	98	or includes other types of mitigation. 61
99	99	2. The length of time anticipated to be required before a 62
100	100	determination of success can be achieved. 63
101	101	3. The ecological value to be gained from each action 64
102	102	required to implement the bank. 65
103	103	4. The financial expenditure required for each action to 66
104	104	implement the bank. 67
105	105	(c) Notwithstanding the provisions of this subsection, no 68
106	106	credit shall be released for freshwater wetland creation until 69
107	107	the success criteria included in the mitigation bank permit are 70
108	108	met. 71
109	109	(c)(d) The withdrawal of mitigation credits from a 72
110	110	mitigation bank shall be accomplished as a minor modification of 73
111	111	the mitigation bank permit. A processing fee may shall not be 74
112	112	required by the department or water management distric t for this 75
113	113
114	114	HB 1167 2023
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1167-00
120	120	Page 4 of 6
121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	minor modification. 76
126	126	(d) If mitigation credits are not available in a basin, 77
127	127	the department or water management district shall allow the use 78
128	128	of mitigation credits available within surrounding basins or 79
129	129	within the appropriate United States Geolo gical Survey 80
130	130	hydrological unit code in the appropriate buffer region. 81
131	131	(e) Wetland mitigation credits are deemed unavailable in a 82
132	132	basin if the party requesting the credits provides an affidavit 83
133	133	to the department or water management district signed by the 84
134	134	mitigation banks within the basin attesting that credits are not 85
135	135	available. The affidavit must be signed by each mitigation bank 86
136	136	within the 30 days preceding the date the request is submitted 87
137	137	to the department or water management district. Mitigation banks 88
138	138	without available wetland mitigation credits shall sign an 89
139	139	affidavit at the request of the party seeking the credits. If a 90
140	140	mitigation bank owner or agent is unable to release wetland 91
141	141	mitigation credits within 30 days after a request is made, the 92
142	142	mitigation bank is deemed to not have wetland mitigation credits 93
143	143	available. 94
144	144	(6) MITIGATION SERVICE AREA. —The department or water 95
145	145	management district shall establish a mitigation service area 96
146	146	for each mitigation bank permit. The department or water 97
147	147	management district shall notify and consider comments received 98
148	148	on the proposed mitigation service area from each local 99
149	149	government within the proposed mitigation service area. Except 100
150	150
151	151	HB 1167 2023
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1167-00
157	157	Page 5 of 6
158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	as provided herein, mitigation credits may be withdrawn and used 101
163	163	only to offset adverse impacts in the mitigation service area. 102
164	164	The boundaries of the mitigation service area shall depend upon 103
165	165	the geographic area where the mitigation bank could reasonably 104
166	166	be expected to offset adverse impacts. Mitigation service areas 105
167	167	may overlap, and mitigati on service areas for two or more 106
168	168	mitigation banks may be approved for a regional watershed. 107
169	169	(d) If the requirements in s. 373.414(1)(b) and (8) are 108
170	170	met, the following projects or activities regulated under this 109
171	171	part shall be eligible to use a mitigation bank, regardless of 110
172	172	whether they are located within the mitigation service area: 111
173	173	1. Projects with adverse impacts partially located within 112
174	174	the mitigation service area. 113
175	175	2. Linear projects, such as roadways, transmission lines, 114
176	176	distribution lines, pipeli nes, railways, or seaports listed in 115
177	177	s. 311.09(1). 116
178	178	3. Projects with total adverse impacts of less than 1 acre 117
179	179	in size. 118
180	180	4. Projects approved by the department or water management 119
181	181	district on a case-by-case basis if sufficient quantities of 120
182	182	mitigation credits are not available to be sold or used to 121
183	183	offset imminent and otherwise allowable adverse impacts within a 122
184	184	mitigation service area. 123
185	185	Section 2. The Department of Environmental Protection 124
186	186	shall begin rulemaking to implement this act on August 1, 2023 . 125
187	187
188	188	HB 1167 2023
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1167-00
194	194	Page 6 of 6
195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	Section 3. This act shall take effect July 1, 2023. 126