1. (a) A regional board shall retain a consulting engineer with a national reputation for providing high quality engineering services to water systems. The consulting engineer shall provide the services specified in a professional services agreement which shall include all of the following services:

   1. (1) From time to time but not less frequently than annually, an assessment of and comments on the regional board’s compliance with Section 11-50-300.07, including separate assessments and comments on each of the financial statements and reports required by Section 11-50-300.07.
   2. (2) Prior to the approval by the regional board of a capital project costing two million dollars ($2,000,000) or more, an assessment and report on the necessity, concept, design, and expected operating and capital cost of the project.
   3. (3) Prior to the approval by the regional board of any financing, a report and opinion in customary form on the ability of the board to pay the interest on and principal of the loan or securities comprising the financing when due.
   4. (4) Annually, and prior to any increase in rates or other service charges, an analysis and report on the reasonableness of existing and proposed rates and service charges, taking into consideration the factors listed in Section 11-50-300.06, any factors widely adopted in the regulation of utilities in the United States, and any other factors that the consulting engineer deems relevant.
2. (b) A consulting engineer shall be selected by a regional board pursuant to a nationwide search and a request for proposals addressed to not less than five of the largest providers of engineering services to water systems in the United States. The request for proposals shall be posted on the regional board’s website and copies of responses shall be available upon request. A regional board shall select a consulting engineer from those submitting proposals based on the recommendations of clients, relevant experience, credentials of the engineers to be assigned to the project, terms of a proposed engagement agreement, and cost.
3. (c) Once selected, a consulting engineer shall serve five years and shall be eligible to be re-selected for one additional five year term notwithstanding the selection procedures provided by this section.
4. (d) A consulting engineer shall be disqualified from providing project engineering services on projects undertaken by a regional board but shall review and comment on plans and specifications prepared by other engineers for such projects. A consulting engineer shall evaluate, on behalf of the regional board, the qualifications of engineers under consideration to provide project engineering services to a regional board.
5. (e) A consulting engineer may be discharged by a regional board for a material failure to perform as determined by the board after adequate notice and a hearing.

(Act 2025-297, §3.)