| Summary |
Joint Budget Committee. Current law requires the division of
administration (division) within the department of public health and
environment to report annually to the water quality control commission
(commission) and to include in the report any regulatory or legislative
recommendations the division may have. The bill requires the report to
also include:
•
Information on the division's timing in considering and
issuing water quality permits (permits); and
•
For the report submitted in 2026, a detailed discussion of
how the division has prioritized reducing the permit
backlog, implemented recommendations from water quality
permittees (permittee) for permitting efficiency, and
increased safe drinking water program inspections.
The bill requires the division, upon receipt of an application to
modify a permit, to limit its review and its approval or denial of the
application to the scope of the specific requests contained in the
application.
The bill requires the commission to adopt rules on or before
December 31, 2026, that establish procedures whereby the division, prior
to giving public notice of a complete permit application for an individual
permit and the division's preliminary analysis of the application, may
provide a period of public notice and review of a preliminary draft
prepared by the division. If a period of public notice and review is
required by rules of the commission, the period of public notice and
review may not exceed 14 days, and the purpose of the review is limited
to identifying errors in the division's preliminary draft.
On or before December 31, 2027, the division must propose rules
to the commission that establish a time frame during which the division
will either grant or deny applications for each type of permitting action.
On or before June 30, 2028, the commission must adopt rules based on
the division's proposal. The rules must establish the time frames for
permitting actions.
The bill requires the division to consider current debt service on
existing local government water infrastructure when developing
schedules of compliance for new effluent limits in local government
permits. Any schedule of compliance for new effluent limits in local
government permits must, consistent with state and federal law, consider
the local government's financial capability to repay existing debt on water
infrastructure or to fund water infrastructure upgrades before requiring
new water infrastructure upgrades. To the extent allowable under federal
law, the division may issue compliance schedules in a local government
permit for a new effluent limit in excess of 20 years.
The bill states that, on and after May 1, 2026, after an application
for permit modification or permit renewal has been pending before the
division for 60 days, or for any application for permit modification or
permit renewal that is pending before the division as of May 1, 2026, or
if the division informs an applicant that the division will not process an
application for preliminary effluent limitations, the applicant and the
division may mutually agree to use a qualified and independent
nongovernmental contractor (contractor) under the direction of the
division to provide the division with technical assistance in completing
the permit action. The division shall maintain a list of at least 3 qualified
nongovernmental contractors for this purpose.
An applicant shall bear the contractor's costs for any technical
assistance provided by the contractor and shall pay the contractor for such
costs. The division may charge an applicant an additional fee in an
amount not exceeding 10% of the contract amount for contract
administration, technical review, and additional permit processing, which
fee is credited to the clean water cash fund. The division may, before
issuing its final permit action, require the applicant to fully pay this fee
and any contractor costs. The division shall provide oversight to ensure
that contractors provide technical assistance in accordance with the terms
of their contracts.
The bill requires the division, upon a permittee's request, to make
available to the permittee all documents, data, and information the
division relied upon in developing the permittee's permit modification or
permit renewal, except to the extent that such materials are protected by
an applicable privilege or exception.
The bill makes the following transfers of money:
•
On July 1, 2025, $111,000 from the water quality
improvement fund to the drinking water cash fund;
•
On July 1, 2025, $3,518,564 from the perfluoroalkyl and
polyfluoroalkyl substances cash fund to the clean water
cash fund;
•
On July 1, 2026, $3,002,435 from the perfluoroalkyl and
polyfluoroalkyl substances cash fund to the clean water
cash fund; and
•
On July 1, 2026, $516,129 dollars from the perfluoroalkyl
and polyfluoroalkyl substances cash fund to the drinking
water cash fund.
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