S T A T E O F N E W Y O R K
________________________________________________________________________
8461--B
I N S E N A T E
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:
Section 1. This act shall be known and may be cited as the "sporting
range good neighbor act".
§ 2. The environmental conservation law is amended by adding three new
sections 37-0123, 37-0125 and 37-0127 to read as follows:
§ 37-0123. SHOOTING RANGES; SKEET FIELDS; PREVENTION OF LEAD MIGRATION.
1. (A) EVERY SKEET FIELD TRACT AT A SHOOTING RANGE SHALL BE A MINIMUM
OF SIX HUNDRED YARDS BY THREE HUNDRED YARDS WITH THE SHOOTING SEMICIRCLE
LOCATED IN THE MIDDLE OF THE LONG SIDE.
(B) ANY SHOOTING RANGE WHICH IS UNABLE TO COMPLY WITH THE REQUIREMENTS
OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL CONSTRUCT AND MAINTAIN APPRO-
PRIATE BACKSTOPS TO PREVENT LEAD MIGRATION OUTSIDE OF THE DESIGNATED
SKEET FIELD TRACT. SUCH BACKSTOPS SHALL BE CONSTRUCTED OF MATERIAL THAT
EFFECTIVELY CAPTURES BULLETS AND SHALL BE COVERED BY A ROOF TO PREVENT
PRECIPITATION FROM ERODING SUCH BACKSTOPS.
2. NO PORTION OF A SKEET FIELD TRACT SHALL INCLUDE A WETLAND OR OPEN
WATER SOURCE.
3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
(A) "SHOOTING RANGE" SHALL MEAN AN OUTDOOR RANGE EQUIPPED WITH TARGETS
FOR USE WITH FIREARMS AND SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
RIFLE, PISTOL AND SHOTGUN RANGES.
(B) "SKEET FIELD TRACT" SHALL MEAN A PORTION OF AN OUTDOOR SHOOTING
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
§ 37-0125. OUTDOOR SHOOTING RANGE ENVIRONMENTAL STEWARDSHIP AND LEAD
AMMUNITION MATERIAL RECLAMATION.
1. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS REGARDING
ENVIRONMENTAL STEWARDSHIP AND LEAD AMMUNITION MATERIAL RECLAMATION AT
OUTDOOR SHOOTING RANGES AND REQUIRE REPORTING BY OUTDOOR SHOOTING RANGES
REGARDING SUCH RANGES' ENVIRONMENTAL STEWARDSHIP AND LEAD AMMUNITION
MATERIAL RECLAMATION. SUCH REPORTING SHALL INCLUDE:
(A) ENVIRONMENTAL ACTIONS THAT HAVE BEEN COMPLETED ON THE OUTDOOR
SHOOTING RANGE;
(B) THE PRESENT ENVIRONMENTAL SETTING, INCLUDING UPGRADES, IF APPLICA-
BLE, ALONG WITH PREVIOUS RANGE MAINTENANCE ACTIVITIES;
(C) IDENTIFICATION OF ISSUES OF POTENTIAL ENVIRONMENTAL CONCERN ASSO-
CIATED WITH SHOOTING AND RELATED LEAD CONSTITUENTS;
(D) IDENTIFICATION, EVALUATION AND PRIORITIZATION OF APPROPRIATE
ACTIONS TO MANAGE ISSUES IDENTIFIED PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION;
(E) IDENTIFICATION OF SHORT- AND LONG-TERM ACTION ITEMS AND STEPS
NEEDED FOR IMPLEMENTATION;
(F) AN IMPLEMENTATION PLAN FOR SUCH ACTION ITEMS;
(G) IDENTIFICATION OF WAYS TO MEASURE AND DOCUMENT RESULTS OF LEAD
AMMUNITION MATERIAL MANAGEMENT ACTIONS; AND
(H) PERIODIC EVALUATION OF PROGRESS TOWARD ENVIRONMENTAL STEWARDSHIP
GOALS AND APPROPRIATE REVISIONS OF PLANS.
2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
(A) "SHOOTING RANGE" SHALL MEAN AN OUTDOOR RANGE EQUIPPED WITH TARGETS
FOR USE WITH FIREARMS AND SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
RIFLE, PISTOL AND SHOTGUN RANGES.
(B) "SKEET FIELD TRACT" SHALL MEAN A PORTION OF AN OUTDOOR SHOOTING
RANGE USED FOR CLAY, SPORTING CLAY, TRAP OR SKEET SHOOTING.
§ 37-0127. SHOOTING RANGE IMPLEMENTATION PLANS.
1. ANY SHOOTING RANGE WHICH VIOLATES SECTIONS 37-0123 AND 37-0125 OF
THIS ARTICLE SHALL RECEIVE A WARNING NOTICE FOR THE FIRST SUCH VIOLATION
AND SHALL BE REQUIRED TO SUBMIT AN IMPLEMENTATION PLAN TO THE DEPART-
MENT, DETAILING THE SHOOTING RANGE'S PLAN TO IMPLEMENT SECTIONS 37-0123
AND 37-0125 OF THIS ARTICLE. THE REQUIREMENTS FOR SUCH IMPLEMENTATION
PLAN SHALL BE PROMULGATED BY THE DEPARTMENT AND INCLUDED AS PART OF THE
WARNING NOTICE ISSUED TO SHOOTING RANGES PURSUANT TO THIS SUBDIVISION.
THE DEPARTMENT SHALL APPROVE OR DISAPPROVE AN IMPLEMENTATION PLAN WITHIN
SIXTY DAYS OF RECEIPT. UPON APPROVAL OF SUCH IMPLEMENTATION PLAN A
SHOOTING RANGE SHALL IMPLEMENT SUCH PLAN WITHIN NINETY DAYS.
2. AS USED IN THIS SECTION "SHOOTING RANGE" SHALL MEAN AN OUTDOOR
RANGE EQUIPPED WITH TARGETS FOR USE WITH FIREARMS AND SHALL INCLUDE, BUT
NOT BE LIMITED TO, ALL RIFLE, PISTOL AND SHOTGUN RANGES.
§ 3. Section 71-3703 of the environmental conservation law is amended
by adding a new subdivision 8 to read as follows:
8. ANY SHOOTING RANGE WHICH VIOLATES ANY OF THE PROVISIONS OF OR WHICH
FAILS TO PERFORM ANY DUTY IMPOSED BY SECTION 37-0127 OF THIS CHAPTER OR
ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE
FOR A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH DAY
DURING WHICH SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH
SHOOTING RANGE MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH
SHOOTING RANGE SHALL FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF
THE STATE FOR A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED
DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. AS USED IN
S. 8461--B 3
THIS SUBDIVISION, THE TERM "SHOOTING RANGE" SHALL HAVE THE SAME MEANING
AS SUCH TERM IS DEFINED IN SECTION 37-0127 OF THIS CHAPTER.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
The New York Senate has recently seen a bill introduced (S8461) that has the potential to negatively affect shooting ranges across the state.
As currently written, the bill's proposed regulations could be difficult, if not impossible, for New York's already safe and responsible clay target ranges to follow - leading to their potential closing.
With over 3,600 registered athletes on more than 140 teams in 2023, the League is concerned about any legislation that could negatively impact student clay target sports participation across the state.