This bill aims to enhance the legal protections for commercial farmers under the Right to Farm Act by allowing them to recover reasonable costs and attorney fees when they successfully defend against bad faith complaints. Specifically, if a farmer is found to be entitled to the irrebuttable presumption that their agricultural operation does not constitute a nuisance, and it is determined that the complaint was filed in bad faith, the farmer can apply for reimbursement of their legal expenses. The application for costs and fees must be submitted to the county agriculture development board or the State Agriculture Development Committee (SADC), which will assess the evidence and determine the reasonableness of the costs incurred.

The bill establishes a clear process for farmers to seek compensation for legal fees, thereby discouraging frivolous complaints and reinforcing the protections afforded to agricultural operations. It emphasizes the importance of a preponderance of evidence in determining the bad faith of the complaint and ensures that the complainant is held accountable for any unreasonable legal challenges against farmers. This legislative change is intended to support the agricultural community by providing them with the necessary legal recourse to defend their rights effectively.