Bill Text: NY S08461 | 2023-2024 | General Assembly | Amended


Bill Title: Establishes the sporting range good neighbor act requiring skeet field tracts at shooting ranges to be certain dimensions; prohibits them from including wetlands or open water sources; directs the department of environmental conservation to promulgate rules and regulations regarding environmental stewardship and lead ammo material reclamation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-03 - PRINT NUMBER 8461B [S08461 Detail]

Download: New_York-2023-S08461-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8461--B

                    IN SENATE

                                    January 31, 2024
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged  and  said  bill
          committed  to the Committee on Environmental Conservation -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing the "sporting range good neighbor act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as  the  "sporting
     2  range good neighbor act".
     3    § 2. The environmental conservation law is amended by adding three new
     4  sections 37-0123, 37-0125 and 37-0127 to read as follows:
     5  § 37-0123. Shooting ranges; skeet fields; prevention of lead migration.
     6    1.  (a) Every skeet field tract at a shooting range shall be a minimum
     7  of six hundred yards by three hundred yards with the shooting semicircle
     8  located in the middle of the long side.
     9    (b) Any shooting range which is unable to comply with the requirements
    10  of paragraph (a) of this subdivision shall construct and maintain appro-
    11  priate backstops to prevent lead migration  outside  of  the  designated
    12  skeet  field tract. Such backstops shall be constructed of material that
    13  effectively captures bullets and shall be covered by a roof  to  prevent
    14  precipitation from eroding such backstops.
    15    2.  No  portion of a skeet field tract shall include a wetland or open
    16  water source.
    17    3. As used in this section, the following terms shall have the follow-
    18  ing meanings:
    19    (a) "shooting range" shall mean an outdoor range equipped with targets
    20  for use with firearms and shall include, but  not  be  limited  to,  all
    21  rifle, pistol and shotgun ranges.
    22    (b)  "skeet  field  tract" shall mean a portion of an outdoor shooting
    23  range used for clay, sporting clay, trap or skeet shooting.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13396-05-4

        S. 8461--B                          2

     1  § 37-0125. Outdoor shooting range  environmental  stewardship  and  lead
     2               ammunition material reclamation.
     3    1.  The  department  shall  promulgate rules and regulations regarding
     4  environmental stewardship and lead ammunition  material  reclamation  at
     5  outdoor shooting ranges and require reporting by outdoor shooting ranges
     6  regarding  such  ranges'  environmental  stewardship and lead ammunition
     7  material reclamation. Such reporting shall include:
     8    (a) Environmental actions that have  been  completed  on  the  outdoor
     9  shooting range;
    10    (b) The present environmental setting, including upgrades, if applica-
    11  ble, along with previous range maintenance activities;
    12    (c)  Identification of issues of potential environmental concern asso-
    13  ciated with shooting and related lead constituents;
    14    (d)  Identification,  evaluation  and  prioritization  of  appropriate
    15  actions  to  manage  issues identified pursuant to paragraph (c) of this
    16  subdivision;
    17    (e) Identification of short- and  long-term  action  items  and  steps
    18  needed for implementation;
    19    (f) An implementation plan for such action items;
    20    (g)  Identification  of  ways  to measure and document results of lead
    21  ammunition material management actions; and
    22    (h) Periodic evaluation of progress toward  environmental  stewardship
    23  goals and appropriate revisions of plans.
    24    2. As used in this section, the following terms shall have the follow-
    25  ing meanings:
    26    (a) "shooting range" shall mean an outdoor range equipped with targets
    27  for  use  with  firearms  and  shall include, but not be limited to, all
    28  rifle, pistol and shotgun ranges.
    29    (b) "skeet field tract" shall mean a portion of  an  outdoor  shooting
    30  range used for clay, sporting clay, trap or skeet shooting.
    31  § 37-0127. Shooting range implementation plans.
    32    1.  Any  shooting range which violates sections 37-0123 and 37-0125 of
    33  this article shall receive a warning notice for the first such violation
    34  and shall be required to submit an implementation plan  to  the  depart-
    35  ment,  detailing the shooting range's plan to implement sections 37-0123
    36  and 37-0125 of this article. The requirements  for  such  implementation
    37  plan  shall be promulgated by the department and included as part of the
    38  warning notice issued to shooting ranges pursuant to  this  subdivision.
    39  The department shall approve or disapprove an implementation plan within
    40  sixty  days  of  receipt.  Upon  approval  of such implementation plan a
    41  shooting range shall implement such plan within ninety days.
    42    2. As used in this section "shooting  range"  shall  mean  an  outdoor
    43  range equipped with targets for use with firearms and shall include, but
    44  not  be  limited  to, all rifle, pistol and shotgun ranges.
    45    §  3. Section 71-3703 of the environmental conservation law is amended
    46  by adding a new subdivision 8 to read as follows:
    47    8. Any shooting range which violates any of the provisions of or which
    48  fails to perform any duty imposed by section 37-0127 of this chapter  or
    49  any  rule  or  regulation promulgated pursuant thereto, shall  be liable
    50  for a  civil  penalty  not  to exceed one thousand dollars for each  day
    51  during which such violation continues, and  in  addition  thereto,  such
    52  shooting  range  may  be  enjoined  from continuing such violation. Such
    53  shooting range shall for a second violation be liable to the  people  of
    54  the  state  for  a civil penalty not to exceed two thousand five hundred
    55  dollars  for each  day during which such violation continues. As used in

        S. 8461--B                          3

     1  this subdivision, the term "shooting range" shall have the same  meaning
     2  as such term is defined in section 37-0127 of this chapter.
     3    § 4. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.
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