SB 1325 Summary

• Amends citizen suit provisions in Arizona's water quality law (A.R.S. § 49-264) to reduce the notice period from 120 days to 60 days before filing suit against alleged violators.

• Eliminates provisions that previously barred citizen suits if the director determined no violation occurred or was diligently processing enforcement actions, streamlining when private parties can sue.

• Establishes that the director may intervene as a matter of right in citizen suit actions and clarifies that plaintiffs bear the burden of proof.

• Expands attorney fee awards to include cases where the court determines it appropriate (not just substantial prevails standard) and adds awards to defendants in frivolous actions.

• Makes identical reforms to Arizona's air quality citizen suit law (A.R.S. § 49-407), reducing the notice period from 60 days to 60 days and removing similar enforcement action bars.