SB1448Chapter 0218 - 551R - SH Ver  of SB1448     SenateHouse Engrossed Senate Bill   Arizona department of agriculture;

 (now:       State of Arizona Senate Fifty-fifth Legislature First Regular Session     SENATE BILL 1448       AN ACT   repealing section 41-3021.01, Arizona Revised Statutes;

amendingagricultural titleoperations; 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3029.01;

relatingnuisance; to the Arizona department of agriculture.

costs;

damages)       State of Arizona Senate Fifty-fifth Legislature First Regular Session       CHAPTER   SENATE BILL 1448     AN ACT   amending section 3-112, Arizona Revised Statutes;

relating to agricultural operations.

Repeal Section 41-3021.01,3-112, Arizona Revised Statutes, is repealed.amended to read:

Sec. 2.START_STATUTE3-112.

TitleAgricultural 41,operations; chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3029.01, to read:

START_STATUTE41-3029.01.nuisance liability:

Arizonadamages; department of agriculture;

terminationstate Julypreemption 1, 2029 A.

TheAgricultural Arizonaoperations departmentconducted ofon agriculturefarmland that are consistent with good agricultural practices and allestablished divisions,prior offices,to councilsbefore surrounding nonagricultural uses are presumed to be reasonable and committeesdo organizednot withinconstitute a nuisance unless the departmentagricultural terminateoperation has a substantial adverse effect on Julythe 1,public 2029.health and safety.

TItleAgricultural 3,operations chapterundertaken 1,in articleconformity 1with federal, state and thislocal sectionlaws and regulations are repealedpresumed onto Januarybe 1,good 2030.END_STATUTEagricultural Sec. 3.practice practices and not adversely affecting the public health and safety.

PurposeC. Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona department of agriculture to provide for a uniform and coordinated agricultural program and policy in this state.

Sec. 4.In a nuisance action against an agricultural operation conducted on farmland:

Retroactivity1. Sections 1 and 2 of this act apply retroactively to from and after July 1, 2021.

The court may award costs and expenses, including reasonable attorney fees, to the prevailing party.

2.

If the court determines that a party filed a nuisance action under one of the following circumstances, the court shall award reasonable costs and attorney fees to the other party:

(a) The action was not filed in good faith.

(b) The action was not grounded in fact or based on law.

(c) The action was filed for an improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party.

3.

The court may not award punitive damages for a nuisance action unless the alleged nuisance emanated from an agricultural operation that has been subject to a criminal conviction or a civil enforcement action taken by a state or federal environmental or health regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance.

D.

For the purposes of this section, costs and expenses may include attorney fees, deposition costs and other reasonable expenses as the court finds necessary to the full and proper presentation of the action, including any appeal.

E.

A city, town, county, special taxing district or other political subdivision of this state may not declare an agricultural operation conducted on farmland to be a nuisance if the agricultural operation's practices are lawful, customary, reasonable, safe and necessary to the agriculture industry as the practices pertain to an agricultural operation's practices as determined by the agricultural best management practices committee established by section 49-457, the Arizona department of agriculture or the department of environmental quality.END_STATUTE       APPROVED BY THE GOVERNOR APRIL 9, 2021.

  FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 9, 2021.