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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WOZNIAK, PIPPY, M. WHITE, FONTANA, EICHELBERGER AND STOUT, MAY 4, 2010 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 4, 2010 |
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| AN ACT |
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1 | Regulating lead management and remediation at firing ranges. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Freedom to |
6 | Shoot Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Commission." The Pennsylvania Game Commission. |
12 | "Director." The director of the commission. |
13 | "Federal standard." The Best Management Practices for Lead |
14 | at Outdoor Shooting Ranges (June 2005), established by the |
15 | Environmental Protection Agency. |
16 | "Task force." The Task Force on Lead Management and |
17 | Remediation at Firing Ranges established in section 3. |
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1 | Section 3. Task force. |
2 | (a) Establishment.--The Task Force on Lead Management and |
3 | Remediation at Firing Ranges is established. |
4 | (b) Membership.--The task force shall consist of the |
5 | following individuals: |
6 | (1) The Secretary of Conservation and Natural Resources |
7 | or a designee. |
8 | (2) The Secretary of Environmental Protection or a |
9 | designee. |
10 | (3) The Secretary of Health or a designee. |
11 | (4) A representative of the Amateur Trapshooting |
12 | Association. |
13 | (5) A representative of the Pennsylvania Federation of |
14 | Sportsmen's Club, Inc. |
15 | (6) A representative of the Pennsylvania State |
16 | Sportsmen's Association. |
17 | (7) The director. |
18 | (c) Organization.-- |
19 | (1) The director shall serve as chair. |
20 | (2) Four members constitute a quorum. |
21 | (d) Functions.--The task force has the following functions: |
22 | (1) To study lead management and remediation at firing |
23 | ranges. |
24 | (2) To recommend to the commission, within six months of |
25 | the effective date of this section, regulations for lead |
26 | management and remediation at firing ranges which can be |
27 | applied evenly and fairly throughout this Commonwealth. |
28 | Section 4. Commission. |
29 | (a) Regulations.--The commission shall promulgate |
30 | regulations for lead management and remediation at firing |
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1 | ranges. |
2 | (b) Time.--The commission shall initiate the regulatory |
3 | process on the earlier of: |
4 | (1) receipt of the recommendation under section 3(d)(2); |
5 | or |
6 | (2) six months after the effective date of section 3. |
7 | Section 5. Primacy. |
8 | (a) Legal principles.--The only law of this Commonwealth for |
9 | the regulation of lead management and remediation at firing |
10 | ranges is: |
11 | (1) before the effective date of regulations under |
12 | section 4, the Federal standard; and |
13 | (2) on and after the effective date of regulations under |
14 | section 4, the regulations under section 4. |
15 | (b) Commonwealth agencies.--Commonwealth agencies shall |
16 | apply the legal principles under subsection (a). |
17 | (c) Firing ranges.-- |
18 | (1) Except as set forth in paragraph (2), shooting at a |
19 | firing range may not be curtailed nor impeded by a |
20 | Commonwealth agency. |
21 | (2) Shooting at a firing range may be curtailed or |
22 | impeded by a Commonwealth agency if any of the following |
23 | apply: |
24 | (i) The management of the firing range consents in |
25 | writing to the action. |
26 | (ii) The commission consents to the action because |
27 | of scientific proof that the action is necessary to avoid |
28 | environmental degradation which is beyond remediation. |
29 | Section 20. Effective date. |
30 | This act shall take effect immediately. |
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