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AZ SB1405
Bill
Status
2/5/2026
Primary Sponsor
Denise Epstein
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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