1. (1) On and after May 1, 2026, an applicant and the division may mutually agree to use a qualified and independent nongovernmental contractor under the direction of the division to provide the division with technical assistance in completing the permit action if:

   1. (a) An application for permit modification or permit renewal has been pending before the division for sixty days;
   2. (b) An application for permit modification or permit renewal is pending before the division as of May 1, 2026; or
   3. (c) The division informs an applicant that the division will not process an application for preliminary effluent limitations.

2. (2) A contractor that provides technical assistance pursuant to this section may assist the division with some or all of the following, at the division's discretion:

   1. (a) Preparing the division's proposed permit action;
   2. (b) Preparing the division's responses to public comments received on the proposed permit action, if any;
   3. (c) Preparing the division's final permit action;
   4. (d) Aiding in the division's defense of the final permit action in any administrative adjudicatory proceedings; and
   5. (e) Aiding in the division's defense of the final permit action in any judicial proceedings.
3. (3) The applicant shall bear the contractor's costs for any technical assistance provided pursuant to this section and shall remit payment for the costs directly to the contractor. The division may charge the applicant an additional fee in an amount not exceeding ten percent of the contract amount for contract administration, technical review, and additional permit processing. Money collected as an additional fee shall be credited to the clean water cash fund created in section 25-8-210. The division may, before issuing its final permit action, require the applicant to fully pay the additional fee and any contractor costs.

4. (4)

   1. (a) The division, in its sole discretion, shall provide oversight to ensure that contractors provide technical assistance in accordance with the terms of their contracts. The division may require a contractor's technical assistance to conform to all commission rules, division policies, and division practices applicable to the permit action in question.
   2. (b) The division may deem some or all of the contractor's technical assistance as unacceptable and may reject, require correction of, or deny approval for such assistance. The division's rejection, required correction, or denial of approval of a contractor's technical assistance is not subject to judicial or administrative review and does not relieve an applicant of the obligation to pay the contractor's costs for such technical assistance.
   3. (c) The division's use of contractors pursuant to this section does not relieve the division of its obligations under this article 8.
   4. (d) The division is not subject to the requirements of the Procurement Code, articles 101 to 112 of title 24, in selecting or contracting with the contractors.

5. (5) As used in this section, unless the context otherwise requires:

   1. (a) Conflict of interest means a direct and substantial personal or financial interest in the outcome of a permit or permit action such that a contractor is unable to fulfill its duty to remain fair, impartial, or objective.
   2. (b) Independent means having no conflict of interest with a permittee.
   3. (c) Qualified means having substantial professional education, training, or experience in water quality permitting.

Source: L. 2025: Entire section added, (SB 25-305), ch. 429, p. 2477, § 5, effective June 4.