House Engrossed Senate Bill

Arizona department of agriculture; continuation.

(now: agricultural operations; nuisance; costs; damages)

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

CHAPTER 218

SENATE BILL 1448

AN ACT

amending section 3-112, Arizona Revised Statutes; relating to agricultural operations.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 3-112, Arizona Revised Statutes, is amended to read:

START_STATUTE3-112. Agricultural operations; nuisance liability: damages; state preemption

A. Agricultural operations conducted on farmland that are consistent with good agricultural practices and established prior to before surrounding nonagricultural uses are presumed to be reasonable and do not constitute a nuisance unless the agricultural operation has a substantial adverse effect on the public health and safety.

B. Agricultural operations undertaken in conformity with federal, state and local laws and regulations are presumed to be good agricultural practice practices and not adversely affecting the public health and safety.

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

1. 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.