Arizona SB 1019: public records; unduly burdensome requests

Bill Text

SB1019 - 572R - S Ver 

 Senate Engrossed

 public water systems; 
 fluoride; prohibition

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 SENATE BILL 1019

AN 
ACT

Amending section 49-353, Arizona 
Revised Statutes; relating to potable water systems.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it 
enacted by the Legislature of the State of Arizona:

Section 1. Section 49-353, Arizona Revised 
Statutes, is amended to read:

START_STATUTE49-353. Duties of director; rules; prohibited lead use

A. The director shall:

1. Exercise general supervision over all matters 
related to water quality control of public water systems throughout this state.

2. Prescribe rules regarding the production, 
treatment, distribution and testing of potable water by public water systems, 
except that such rules shall not apply to irrigation, industrial or similar 
systems where the water is used for nonpotable purposes. The rules 
shall comply with at least the following:

(a) The requirements established by the United 
States environmental protection agency for state primary enforcement 
responsibility of the safe drinking water act, including the requirements of 40 
Code of Federal Regulations parts 141 and 142.

(b) Require that the plans and specifications for 
all public water systems, including water treatment plants, distribution 
systems, distribution system extensions, water treatment methods and devices 
and all appurtenances and devices for sale to be used in water supplies and 
public water systems be submitted with a fee for review to the 
department. The department, in establishing fees authorized by this 
section, shall comply with title 41, chapter 6. The department shall 
not set a fee at more than the department's cost of providing the service for 
which the fee is charged.� State agencies are exempt from all fees imposed 
pursuant to this section. Monies collected from the fees shall be 
deposited in the water quality fee fund established by section 49-210.� 
The director may require that plans and specifications for public water systems 
include programs to meet future needs for drinking water and to supply 
specified minimum quantities of drinking water. The director shall:

(i) Require that a new public water system 
demonstrate that the system possesses adequate managerial and financial 
capacity to operate in compliance with this article and the rules adopted 
pursuant to this article.

(ii) Accept adequate findings of other public 
authorities regarding the adequate managerial and financial capacity of a 
public water system to operate in compliance with this article and the rules 
adopted pursuant to this article.

(c) Provide that no public water system, including a 
water treatment plant, distribution system, distribution system extension, 
water treatment method or device, appurtenance and device used in water 
supplies or public water systems be constructed, reconstructed, installed or 
initiated before compliance with the standards and rules has been demonstrated 
by approval of the plans and specifications by the department. The 
rules shall prescribe minimum standards for the bacteriological, physical and 
chemical quality of water distributed through public water 
systems. The director of environmental quality may consult with the 
director of the department of health services in developing these standards.

(d) Provide for a simplified administrative 
procedure for approving structural revisions, additions, extensions or 
modifications to existing small public water systems for potable water serving 
a population of three thousand three hundred or fewer persons.

(e) Exempt from the plan review requirements of this 
paragraph, including any requirements for approval to construct or approval of 
construction, any structural revisions, additions, extensions or modifications 
to public water systems which are in compliance with the department's rules 
applicable to those systems or which are making satisfactory progress towards 
compliance under a schedule approved by the department if either of the 
following conditions is satisfied:

(i) The revision, addition, extension or 
modification has a project cost of twelve thousand five hundred 
dollars $12,500 or less.

(ii) The revision, addition, extension or 
modification is made to a water line which is not for a subdivision requiring 
plat approval by a city, town or county, and has a project cost of more than twelve thousand five hundred dollars $12,500 
but less than fifty thousand dollars $50,000, 
the design of which is sealed by a professional engineer who is 
registered in this state and the construction of which is reviewed for 
conformance with the design by a professional engineer.

(f) Require a notice of compliance with the 
conditions for exemption on the completion of any revisions, additions, 
extensions or modifications completed in accordance with subdivision (e) of 
this paragraph.

(g) Provid