Bill > HB2541

This bill modifies existing Arizona environmental laws to expand and clarify the ability of citizens to sue for violations and to direct collected penalties. Specifically, it amends laws related to citizen suits for environmental violations, allowing individuals to bring civil actions against persons, the state, or political subdivisions for violations of environmental chapters or related orders, permits, standards, rules, or discharge limitations, and also allows suits against the director for failure to perform non-discretionary duties. The bill also adjusts the notice period for such actions to sixty days and clarifies that the director can intervene in these suits, with the plaintiff bearing the burden of proof. Furthermore, it allows courts to award litigation costs, including attorney and expert witness fees, to parties that substantially prevail or to defendants in frivolous cases, and directs civil penalties collected from these suits into specific environmental funds: penalties from violations of chapter 49, article 3.3 (underground injection control) go to the water quality assurance revolving fund, and penalties from violations of chapter 49, article 2 (air quality) go to the air quality fund.

Agriculture and Natural Resources

https://apps.azleg.gov/BillStatus/BillOverview/84328