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       Florida Senate - 2010                                     SB 576
       By Senator Constantine
       22-00331-10                                            2010576__
    1                        A bill to be entitled                      
    2         An act relating to environmental control; amending s.
    3         403.067, F.S.; deleting an obsolete deadline for the
    4         Department of Environmental Protection to adopt rules
    5         regarding water quality credit trading among the
    6         pollutant sources to a water body or water body
    7         segment; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Paragraph (c) of subsection (9) of section
   12  403.067, Florida Statutes, is amended to read:
   13         403.067 Establishment and implementation of total maximum
   14  daily loads.—
   15         (9) RULES.—The department is authorized to adopt rules
   16  pursuant to ss. 120.536(1) and 120.54 for:
   17         (c) Water quality credit trading among the pollutant
   18  sources to a water body or water body segment. By September 1,
   19  2008, rulemaking must be initiated which provides for the
   20  following:
   21         1. The process to be used to determine how credits are
   22  generated, quantified, and validated.
   23         2. A publicly accessible water quality credit trading
   24  registry that tracks water quality credits, trading activities,
   25  and prices paid for credits.
   26         3. Limitations on the availability and use of water quality
   27  credits, including a list of eligible pollutants or parameters
   28  and minimum water quality requirements and, where appropriate,
   29  adjustments to reflect best management practice performance
   30  uncertainties and water-segment-specific location factors.
   31         4. The timing and duration of credits and allowance for
   32  credit transferability.
   33         5. Mechanisms for determining and ensuring compliance with
   34  trading procedures, including recordkeeping, monitoring,
   35  reporting, and inspections.
   37  At the time of publication of the draft rules on water quality
   38  credit trading, the department shall submit a copy to the United
   39  States Environmental Protection Agency for review.
   40         Section 2. This act shall take effect July 1, 2010.

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