Mitigation Banks

Added provisions allowing one-time use of mitigation credits outside the service area when local banks lack sufficient credits, subject to proximity factor multipliers.

Established a new proximity factor multiplier system (1.0 to 1.75) for out-of-service-area credits based on watershed adjacency and distance.

Created new accounting and reporting requirements for mitigation banks to submit credit availability data and for agencies to compile annual reports to the Legislature.

Added a 6-month limitation on how long permit applicants can rely on credit availability determinations from agencies.

Established a 7-day timeframe for agencies to request credit availability accounting from banks and a 15-day response window for banks.

Modified credit release schedule provisions to clarify when credits can be released at different stages of mitigation bank development.

Updated credit release schedule requirements to specify percentages (30%, 30%, 20%, 20%) tied to conservation easement recordation, construction completion, interim monitoring, and final success criteria.

Added provisions allowing one-time use of mitigation credits outside the service area when local banks lack sufficient in-kind credits, with proximity factor multipliers (1.0 to 1.75) applied based on distance.

Established new accounting and reporting requirements for mitigation banks to submit credit availability data, with 7-day response windows and 6-month reliance periods for permit applicants.

Added requirement prohibiting freshwater wetland credit release until initial construction success criteria are met.

Created eligibility for certain projects (linear infrastructure, small impacts under 1 acre) to use mitigation bank credits regardless of service area location.

Defined 'former phosphate mine' and established procedures for recording notices and conducting gamma radiation surveys of former phosphate mining lands.

Added liability defense for former phosphate mine sites if proper notice is recorded and radiation surveys are conducted by the Department of Health.

Set effective date of July 1, 2025 for mitigation banking changes and July 1, 2026 for phosphate mine survey requirements.

Changed the credit release schedule from a single 30% initial release to a four-phase schedule: 30% at easement recordation, 30% after initial construction, 20% based on interim monitoring, and 20% upon final success.

Introduced a proximity factor system with multipliers (1.0, 1.2, or higher) to determine if out-of-service-area credits are adequate when local credits are insufficient.

Established a formal accounting process requiring the department to contact nearby mitigation banks within 7 business days to determine credit availability, with a 15-day response window.

Limited the permit applicant's reliance on credit availability determinations to 6 months and specified that only the applicant can rely on such determinations.

Added eligibility for using mitigation bank credits to offset impacts on linear projects (roads, pipelines, etc.) and projects with less than 1 acre of adverse impact, even if outside the bank's service area.

Added a prohibition on releasing credits for freshwater wetland creation until initial construction success criteria are met.

Changed the effective date for credit release schedules from 'beginning on a specified date' to July 1, 2025, and added annual reporting requirements starting July 1, 2026.

Added a requirement that 30% of credits be released after initial construction activities, 20% upon meeting interim performance criteria, and 20% upon meeting final success criteria.

Established a proximity factor system with multipliers (1.0, 1.2, and additional 0.25 or 0.50) for using out-of-service-area credits based on watershed distance.

Required the department to contact all mitigation banks within 3 business days when out-of-service-area credits are requested, with banks having 15 business days to respond.

Added a presumption that credits are unavailable if a mitigation bank does not respond within 15 business days to a credit availability request.

Added a requirement that mitigation banks submit annual accountings of available credits starting July 1, 2026, with reports submitted to the Legislature by October 1 each year.

Added a requirement that freshwater wetland creation credits cannot be released until initial construction success criteria are met.

Added eligibility for certain projects (linear projects, small projects under 1 acre, and partially impacted projects) to use credits outside the mitigation service area.

Added authority for water management districts to release conservation easements on small parcels (under 15 acres) meeting specific conditions, with property taxes based on just value after release.