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 prevails in a complaint and is found entitled to the irrebuttable presumption established by the Act, they can apply to the county agriculture development board or the State Agriculture Development Committee (SADC) for reimbursement of their legal expenses. The board or committee must determine, based on a preponderance of the evidence, whether the complaint was made in bad faith and if the costs incurred are reasonable.

The proposed legislation stipulates that upon a favorable determination, the complainant will be required to pay the awarded costs and attorney fees. This process is designed to discourage frivolous complaints against farmers and to ensure that those who bring forth bad faith allegations are held accountable for the legal expenses incurred by the farmers they target. The bill is set to take effect immediately upon passage.