THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CONKLIN, GABLER, KORTZ, THOMAS, DALEY, HALUSKA, HANNA, PHILLIPS AND KOTIK, MAY 26, 2010

REFERRED TO COMMITTEE ON GAME AND FISHERIES, MAY 26, 2010  

AN ACT

Regulating lead management and remediation at firing ranges; and

providing for powers and duties of the Pennsylvania Game

Commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Freedom to

Shoot Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The Pennsylvania Game Commission.

"Director."  The executive director of the Pennsylvania Game

Commission.

"Federal standard."  The Best Management Practices for Lead

at Outdoor Shooting Ranges (June 2005), established by the

Environmental Protection Agency.

"Task force."  The Task Force on Lead Management and

Remediation at Firing Ranges established in section 3.

Section 3.  Task force.

(a)  Establishment.--The Task Force on Lead Management and

Remediation at Firing Ranges is established.

(b)  Membership.--The task force shall consist of the

following individuals:

(1)  The Secretary of Conservation and Natural Resources

or a designee.

(2)  The Secretary of Environmental Protection or a

designee.

(3)  The Secretary of Health or a designee.

(4)  A representative of the Amateur Trapshooting

Association.

(5)  A representative of the Pennsylvania Federation of

Sportsmen's Club, Inc.

(6)  A representative of the Pennsylvania State

Sportsmen's Association.

(7)  The director.

(c)  Organization.--

(1)  The director shall serve as chairperson of the task

force.

(2)  Four members of the task force constitute a quorum.

(d)  Functions.--The task force has the following functions:

(1)  To study lead management and remediation at firing

ranges.

(2)  To recommend to the commission, within six months of

the effective date of this section, regulations for lead

management and remediation at firing ranges which can be

applied evenly and fairly throughout this Commonwealth.

Section 4.  Commission.

(a)  Regulations.--The commission shall promulgate

regulations for lead management and remediation at firing

ranges.

(b)  Time.--The commission shall initiate the regulatory

process on the earlier of:

(1)  receipt of the recommendation under section 3(d)(2);

or

(2)  six months after the effective date of section 3.

Section 5.  Primacy.

(a)  Legal principles.--The only law of this Commonwealth for

the regulation of lead management and remediation at firing

ranges is:

(1)  before the effective date of regulations under

section 4, the Federal standard; and

(2)  on and after the effective date of regulations under

section 4, the regulations under section 4.

(b)  Commonwealth agencies.--Commonwealth agencies shall

apply the legal principles under subsection (a).

(c)  Firing ranges.--

(1)  Except as set forth in paragraph (2), shooting at a

firing range may not be curtailed nor impeded by a

Commonwealth agency.

(2)  Shooting at a firing range may be curtailed or

impeded by a Commonwealth agency if any of the following

apply:

(i)  The management of the firing range consents in

writing to the action.

(ii)  The commission consents to the action because

of scientific proof that the action is necessary to avoid

environmental degradation which is beyond remediation.

Section 20.  Effective date.

This act shall take effect immediately.