AZ SB1448

Amends Arizona Revised Statutes Section 3-112 to presume agricultural operations on farmland conducted in accordance with good agricultural practices and established before surrounding non-agricultural uses are reasonable and do not constitute a nuisance unless they substantially adversely affect public health and safety.

Presumes agricultural operations undertaken in conformity with federal, state, and local laws and regulations are good agricultural practices and not adversely affecting public health and safety.

Authorizes courts to award costs and reasonable attorney fees to the prevailing party in nuisance actions against agricultural operations and requires mandatory awards of costs and attorney fees if the court determines an action was filed in bad faith, without factual or legal basis, or for an improper purpose.

Prohibits punitive damages in nuisance actions against agricultural operations unless the operation has been subject to a criminal conviction or civil enforcement action by a state or federal environmental or health regulatory agency for the conduct alleged to be the source of the nuisance.

Prevents cities, towns, counties, special taxing districts, and other political subdivisions from declaring lawful agricultural operations a nuisance if practices are customary, reasonable, safe, and necessary as determined by the agricultural best management practices committee, Arizona Department of Agriculture, or Department of Environmental Quality.