Stormwater Treatment

Added new statutory definitions for 'compensating stormwater treatment,' 'enhancement credit,' and 'pollutant reduction allocation' to clarify how stormwater credits are measured and used.

Requires the Department of Environmental Protection or water management districts to demand proof of financial responsibility (such as bonds or insurance) from applicants building regional stormwater management systems to ensure they can afford construction and long-term maintenance.

Mandates that permits for regional stormwater systems must include a graphic map of the drainage area, which must generally be defined by Hydrologic Unit Code 12 (HUC 12) sub-basins unless specific modeling proves otherwise.

Requires the boundaries of water quality enhancement service areas to include at least a Hydrologic Unit Code 8 (HUC 8) sub-basin to ensure credits are used within a reasonable geographic scope.

Prohibits regional stormwater systems operated by non-local entities from providing treatment for certain ports not listed in a specific statute, with an explicit exception allowing this for ports located in Citrus and Putnam Counties.

Sets a deadline of October 1, 2026, for the department to adopt rules implementing the new water quality enhancement area provisions, with provisional permits allowed until then.

Added new definitions for 'regional stormwater management system,' 'pollutant reduction allocation,' and 'compensating stormwater treatment' to distinguish between different types of stormwater mitigation.

Deleted the standalone definition of 'enhancement credit' from one section and redefined it elsewhere to clarify that it represents pollutant removal only from water quality enhancement areas, not regional systems.

Mandated that applicants for regional stormwater management systems must provide documentation of adequate financial responsibility, including performance bonds, insurance, or trust agreements, to ensure long-term operation and maintenance.

Required environmental resource permits for regional stormwater management systems to include a graphic depiction of the drainage area, using Hydrologic Unit Code 12 subbasins as the standard boundary.

Restricted the use of enhancement credits from water quality enhancement areas, prohibiting their use to provide stormwater treatment or achieve net improvement for seaports not listed in a specific statutory category.

Set a deadline of October 1, 2026, for the Department of Environmental Protection to adopt rules implementing the new provisions, with the act taking effect on July 1, 2026.

Added formal definitions for 'compensating stormwater treatment' and 'total land area' to clarify how stormwater management is regulated across multiple properties.

Created a new 'provisional permit' system that allows entities to apply for and receive permits for water quality enhancement areas before the Department of Environmental Protection adopts final implementing rules.

Authorized third parties to generate and sell stormwater enhancement credits to environmental permit applicants, provided the credits are authorized under specific existing statutes.

Mandated that cash donations for mitigation projects must cover the full cost to the agency (including overhead) to receive credit, preventing underfunded projects from being accepted.

Amended the list of mitigation measures that regulators must consider to explicitly include offsite regional mitigation and the purchase of mitigation credits.

Required public landowners to direct private entities to cease stormwater treatment activities on public lands if a final agency determination finds such use is contrary to the public interest.

Set an effective date of July 1, 2026, for the requirement that public landowners must cease compensatory stormwater treatment activities if ordered to do so by the department or water management district.