HB 2240 Summary

• Amends citizen suit provisions in Arizona's environmental laws (sections 49-264 and 49-407) to clarify procedures for private enforcement actions.

• Reduces notice period for water quality violations from 120 days to 60 days before a citizen suit may be filed, aligning it with the air quality notice period.

• Removes provisions preventing citizen suits when the director determines no violation occurred or when the department issues a notice of violation, allowing private parties to proceed with suits despite departmental determinations.

• Grants the director an automatic right to intervene in citizen suits as a matter of right and requires plaintiffs to bear the burden of proof in enforcement actions.

• Allows courts to award litigation costs and attorney fees to prevailing parties in citizen suits and specifically to defendants in frivolous actions cases.