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AZ SB1405

Bill

Status

Introduced

2/5/2026

Primary Sponsor

Denise Epstein

Click for details

Origin

Senate

Fifty-seventh Legislature - Second Regular Session (2026)

AI Summary

  • Allows citizens to file lawsuits against any person, the state, or political subdivisions for violations of Arizona water quality and air quality laws, expanding beyond current provisions that only allow suits against the director for failure to perform non-discretionary duties.

  • Reduces the required notice period before filing a citizen suit from 120 days to 60 days for water quality violations, matching the existing air quality notice requirement.

  • Removes provisions that currently block citizen suits when the Arizona Department of Environmental Quality is processing violations or has determined no violation occurred, leaving only attorney general or county attorney prosecution as a bar to citizen action.

  • Authorizes courts to award injunctive relief, equitable remedies, and civil penalties in citizen suits, with penalties deposited into the water quality assurance revolving fund or air quality fund depending on the violation type.

  • Requires courts to interpret these citizen suit provisions consistently with federal Clean Water Act (33 USC 1365) and Clean Air Act (42 USC 7604) citizen suit provisions and their judicial interpretations.

Legislative Description

Environment; citizen suits

Water Quality Assurance Revolving Fund

Last Action

Senate read second time

2/9/2026

Committee Referrals

Rules2/5/2026
Natural Resources2/5/2026

Full Bill Text

No bill text available