Florida Water Quality Credit Trading Registry

Florida Water Quality Credit Trading

Water Quality Credit Trading Rulemaking

In 2022, the Florida Legislature passed House Bill 965, now Chapter 2022-215, Laws of Florida.   The bill authorizes the creation of water quality enhancement areas (WQEAs), which are defined as natural systems constructed, operated, managed, and maintained for the purpose of providing offsite regional treatment for which enhancement credits may be provided. In addition, the bill requires the construction, operation, management, and maintenance of a WQEA to be approved through the ERP permitting process and requires a WQEA to address the contributions of pollutants or constituents within a specific area determined by DEP that does not meet state water quality criteria.

The Florida Department of Environmental Protection (DEP) and water management districts (WMDs) are initiating rulemaking as directed by Section 1 of Chapter 2022-215, Laws of Florida, to authorize the sale and use of enhancement credits for specified purposes; providing construction; providing that the authority of the act is supplemental; and directing the department to maintain enhancement credit ledgers (see section 373.4134, F.S., as created by section 1 of Chapter 2022-215, Laws of Florida). The effort involved the creation of a new rule Chapter 62-332, F.A.C., which will address the permitting process and application of WQEA credits in ERP permits. Information pertaining to this rulemaking effort are available at the Water Quality Enhancement Area Rulemaking webpage. Additionally, this rulemaking effort requires revisions to the existing Water Quality Credit Trading rule (Chapter 62-306, F.A.C.) to address how the new WQEA crediting trading will work for BMAPs and Reasonable Assurance Plans (RAPs). Draft edits to Chapter 62-306, F.A.C., are below. Draft edits to Chapter 62-306, F.A.C., are available below.

Rulemaking Efforts

• Draft Chapter 62-306, F.A.C. Rule Language

Current Trading Registry

• In accordance with Florida Administrative Code 62-306.700, the information below describes the trades that have taken place for all Basin Management Action Plans adopted by the Secretary of the department. To learn more, please visit the BMAP Program page.

• Credits Traded Document

• At this time, there are no available credits for purchase.

  For more information on the current rule and trading registry please email Moira Homann at Moira.Homann@FloridaDEP.gov.

  For more information about the rulemaking effort please email Ken Weaver at Kenneth.Weaver@FloridaDEP.gov.