ARIZONA STATE SENATE

RESEARCH STAFF

RACHEL ANDREWS

LEGISLATIVE RESEARCH ANALYST

NATURAL RESOURCES, ENERGY & WATER COMMITTEE

Telephone: (602) 926-3171

TO:                  MEMBERS OF THE SENATE

NATURAL RESOURCES, ENERGY

                        & WATER COMMITTEE

DATE:            March 19, 2024

SUBJECT:      Strike everything amendment to H.B. 2131, relating to state land

Purpose

Outlines requirements of the Director of the Arizona State Land Department (ASLD) regarding agricultural lessees of state lands.

Background

All state lands are subject to lease as provided for a term of up to 10 years for agricultural, commercial and homesite purposes, without advertising. The leases must be granted according to the Arizona Constitution, the law and the rules of the ASLD. Each lease must be granted if an application is submitted, and the ASLD must prepare and furnish the application forms (A.R.S.
§ 37-281).

Agricultural operations conducted on farmland that are consistent with good agricultural practices and established 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. A city, town, county, special taxing district or other political subdivision of Arizona 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 (A.R.S. § 3-112).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires the Director of the ASLD to:

a) require agricultural lessees of state lands to comply with generally accepted farming practices on state lands, including the use of fertilizers and prescribed soil amendments and adopted rules; and

b) entitle agricultural lessees of state lands that are presumed reasonable to renew a lease unless the state lands are sold or leased to the highest and best bidder at public auction as prescribed.

2. Becomes effective on the general effective date.