monitoring program; fish contaminants; appropriation

SB1353 - 572R - I Ver

REFERENCE TITLE:
monitoring program; fish contaminants; appropriation

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1353

Introduced by

Senators
Kuby: Alston, Gabald�n, Hatathlie, Miranda;� Representatives Garcia,
Gutierrez, M�rquez, Sandoval, Stahl Hamilton

AN
ACT

amending title 49, chapter 2, article 1,
Arizona Revised Statutes, by adding section 49-210.01; appropriating monies;
relating to water quality control.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 49, chapter 2, article 1,
Arizona Revised Statutes, is amended by adding section 49-210.01, to read:

START_STATUTE
49-210.01.

Fish contaminant monitoring program; health assessments; report;
notice; definition

A. The department shall develop a
comprehensive water quality monitoring and assessment program to evaluate
pesticides, metals and other contaminants of concern in sport fish as part of
the fish contaminant monitoring program. The program shall identify
and monitor chemical contamination in sport fish and assess the health risks of
consuming sport fish caught by members of the public.

B. The department of environmental
quality shall consult with the Arizona game and fish department, the United
States environmental protection agency and local or regional political
subdivisions or private entities with jurisdiction over water bodies to
determine acceptable contaminant thresholds, protocols for selecting sampling
locations, sampling frequency and number and the type of species to be
monitored under the program. The program developed by the department
of environmental quality shall include all of the following:

1. Sampling and analyzing fish for
pesticides and metals from all waters in this state that support recreational
fisheries without regard to the water body's designation under the clean water
act, with a special emphasis on monitoring water and fish in urban areas.

2. Conducting the sampling and
monitoring of fish as prescribed by paragraph 1 of this subsection at each site
at least once every three years as part of the United States environmental
protection agency triennial water quality reviews.

3. Conducting annual screenings to
identify new aquatic areas where fish have the potential for accumulating
contaminants that can pose significant risks to ecosystems and human
health. Screening sites that show contaminant levels of potential
concern shall be reassessed at least once every three years.

C. The department of environmental
quality shall contract with the department of health services to prepare
comprehensive health risk assessments for sport fish monitored in the program
as follows:

1. The assessments shall be based on
the data collected by the program and information on fish consumption and food
preparation.

2. After each triennial water quality
review, the department of environmental quality shall submit a health risk
assessment report for this state's fisheries to the Arizona water protection
fund commission established by section 45-2103 and the Arizona game and fish
commission.

D. The department of environmental
quality shall issue health advisories when the department of environmental
quality, in cooperation with the department of health services, determines that
consuming fish from a monitoring site presents a significant health risk.� The
advisories shall contain information for the public and particularly the
population at risk concerning health risks from consuming the fish.� The
department of environmental quality shall notify the appropriate local health
departments or districts, the department of health services and the Arizona
game and fish department before issuing a health advisory.� The notification
shall provide sufficient information for the purpose of posting signage.

E. The department of environmental
quality shall conspicuously post health advisory signs in areas where
contaminated fish may be caught, including piers and parks and on commercial
passenger fishing vessels and shore areas where fishing occurs.� The Arizona
game and fish department shall publish the department of environmental
quality's health warnings in its sport fishing regulations booklet and shall
conspicuously post health warnings in its online weekly fishing
reports. All signage and health advisories shall be provided in both
English and Spanish.

F. For the purposes of this section,
"sport fish" means game fish as defined in section 17-101.
END_STATUTE

Sec. 2.
Appropriation;
department of environmental quality; fish contaminant monitoring program;
exemption�

A. The sum of $500,000 is
appropriated from the state general fund in fiscal year 2026-2027 to the
department of environmental quality for the purposes provided in section
49-210.01, Arizona Revised Statutes, as added by this act.

B. The appropriation made
in subsection A of this section is exempt from the provisions of section
35-190, Arizona Revised Statutes, relating to lapsing of appropriations.