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.
               
              
                
              
                       
              
This bill will close the majority of sportsmen's clubs in NY state. It will also deprive the High School Clay Target teams as well a 4H and boy scout teams of practice areas, Further it will prohibit the live fire portion of all Hunter Safety courses.
The Purpose of this bill is misleading as described ( "..requiring skeet field tracts) amd is inconsistent with the definition of "shooting range" which includes rifle, pistol, and shotguns. So while there may be merit in reducing environmental impact of lead introduced by skeet shooting, this bill effectively applies these restrictions very broadly. This bill needs to be revised to be more clear about what is and is not covered.
Also, the definition of "backstop" is not adequately defined. More detail is required for sport men's clubs to understand what compliance means and to understand the significant financial and environmental impact this may cause to club budgets and property.
This bill is going to cause most sporting clubs to close up because I am sure that there are many costs to be compliant after reading the descriptioin of what needs to be done. This will not only effect the club and the members of such clubs, it will also effect schoool trap teams which have grown in NYS as well as 4-H, Boys Scouts and church leagues. This bill should not be passed.
The local gun clubs provide a safe and responsible environment for legal gun owners to become familiar with their firearms, to become confident and accurate shooters through practice and to shoot competitively. The clubs hold hunter education courses, concealed carry courses and other clinics and classes for the shooting enthusiasts. They provide training facilities for local law enforcement, NYS Police, university police departments, local school resource officers and others. They host the USA Clay Target League for over 3,600 high school trap and skeet shooters on more than 140 teams.
These clubs are long-standing establishments, some very small in size, others have numerous ranges and shooting fields. It is not feasible or affordable for any of them to build large backstops with roofs on them. Most clubs survive on membership dues, contributions of their members and volunteer hours. These restrictions would financially cripple the clubs, forcing them to close and send their members back to the State Land or private fields to practice shooting – without established ranges and safety features such as provided by the clubs.
Please help preserve the shooting ranges in Central New York, the safe and responsible places for our legal gun owners, our youth and our law enforcement to practice and compete. I ask you to vote NO on this bill before it negatively impacts all shooting ranges across the state.