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H0515.........................................by RESOURCES AND CONSERVATION
SHOOTING RANGES - Adds to existing law relating to shooting ranges to
provide for the establishment of criteria for the operation and use of
state outdoor sport shooting ranges; to provide noise provisions and sound
pressure measurements; to prohibit certain public or private nuisance
actions; to require noise buffering or attenuation for certain new use; and
to provide for the preemption of certain local governmental law.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Con
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 63-0-7
AYES -- Anderson, Barrett, Bayer, Bell, Bilbao, Black, Block, Bock,
Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30)(Stanek), Snodgrass, Thayn, Thomas, Trail,
Vander Woude, Wills, Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Andrus, Bedke, Kren, Raybould, Smith(24),
Stevenson, Wood(27)
Floor Sponsor - Eskridge
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Res/Env
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- McKenzie
Floor Sponsor - Jorgenson
Title apvd - to House
03/11 To enrol - Rpt enrol - Sp signed
03/12 Pres signed - To Governor
03/14 Governor signed
Session Law Chapter 116
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 515 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO SHOOTING RANGES; AMENDING TITLE 67, IDAHO CODE, BY THE ADDITION OF 3 A NEW CHAPTER 91, TITLE 67, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE FOR 4 THE ESTABLISHMENT OF CRITERIA FOR THE OPERATION AND USE OF STATE OUTDOOR 5 SPORT SHOOTING RANGES, TO PROVIDE NOISE STANDARDS, TO PROVIDE FOR SOUND 6 PRESSURE MEASUREMENTS, TO PROHIBIT CERTAIN PUBLIC OR PRIVATE NUISANCE 7 ACTIONS, TO REQUIRE NOISE BUFFERING OR ATTENUATION FOR CERTAIN NEW USE, TO 8 PROHIBIT CERTAIN PUBLIC OR PRIVATE NUISANCE ACTIONS RELATING TO NEW USE 9 AND TO PROVIDE FOR THE PREEMPTION OF CERTAIN LOCAL GOVERNMENTAL LAW. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Title 67, Idaho Code, be, and the same is hereby amended 12 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 13 ter 91, Title 67, Idaho Code, and to read as follows: 14 CHAPTER 91 15 IDAHO OUTDOOR SPORT SHOOTING RANGE ACT 16 67-9101. DEFINITIONS. As used in this chapter: 17 (1) "Local government" means a county, city or town. 18 (2) "Person" means an individual, corporation, partnership, firm, associ- 19 ation, joint venture, proprietorship, club or any other legal entity. 20 (3) "State outdoor sport shooting range" or "range" means an area owned 21 by the state of Idaho or a state agency for the public use of rifles, 22 shotguns, pistols, silhouettes, skeet, trap, black powder, archery or any 23 other similar sport shooting. "State outdoor sport shooting range" does not 24 include: 25 (a) Any totally enclosed facility that is designed to offer a totally 26 controlled shooting environment that includes impenetrable walls, floors 27 and ceilings, adequate ventilation, lighting systems and acoustical treat- 28 ment for sound attenuation; and 29 (b) Any law enforcement or military shooting range. 30 67-9102. STATE OUTDOOR SPORT SHOOTING RANGES -- OPERATION AND USE -- 31 NOISE STANDARDS -- MEASUREMENT. (1) The state agencies responsible for manag- 32 ing state outdoor sport shooting ranges shall establish criteria for the oper- 33 ation and use for each range. The provisions of chapter 26, title 55, Idaho 34 Code, shall not apply to state outdoor sport shooting ranges. 35 (2) The legislature finds that state outdoor sport shooting ranges should 36 be subject to uniform noise standards as specified in this section. 37 (3) The noise emitted from a state outdoor sport shooting range shall not 38 exceed an Leq(h) of sixty-four (64) dBA. 39 (4) Sound pressure measurements shall be made twenty (20) feet from the 40 nearest existing occupied residence, school, hotel, motel, hospital or church 41 and in a location directly between the range and the nearest existing occupied 2 1 residence, school, hotel, motel, hospital or church. If there are natural or 2 artificial obstructions that prevent an accurate noise measurement, the mea- 3 surement may be taken within an additional twenty (20) feet radius from the 4 initial measurement location. If access to such location is not available, 5 then sound pressure measurements shall be made at the range property line in a 6 location directly between the range and the nearest existing occupied resi- 7 dence, school, hotel, motel, hospital or church. 8 (5) Sound pressure measurements shall be made on the A-weighted fast 9 response mode scale. Measurements shall be taken during the noisiest hour of 10 peak use during the operation of the range. Measurements shall be taken using 11 a type 1 sound meter meeting the requirements of ANSI S1.4-1983. 12 (6) For the purposes of this section: 13 (a) "A-weighted" means a frequency weighting network used to account for 14 changes in sensitivity as a function of frequency; 15 (b) "dBA" means A-weighted decibels, taking into account human response 16 to sound energy in different frequency bands; 17 (c) "Decibel" means the unit of measure for sound pressure denoting the 18 ratio between two quantities that are proportional to power. The number of 19 decibels is ten (10) times the base ten logarithm of this ratio; and 20 (d) "Leq(h)" means the equivalent energy level that is the steady state 21 level that contains the same amount of sound energy as a time varying 22 sound level for a sixty (60) minute time period. 23 67-9103. NUISANCE ACTION. Notwithstanding any other provision of law to 24 the contrary, a person may not maintain a public or private nuisance action 25 for noise against a state outdoor sport shooting range that is in compliance 26 with this chapter. 27 67-9104. NOISE BUFFERING OR ATTENUATION FOR NEW USE. Any new residential 28 use or other new use within one (1) mile of an existing state outdoor sport 29 shooting range shall provide for noise buffers or attenuation devices neces- 30 sary to satisfy the noise standard prescribed by this chapter. New use as pro- 31 vided by this section shall not give rise to any right of a person to maintain 32 a public or private nuisance action for noise against an existing state out- 33 door sport shooting range. 34 67-9105. PREEMPTION OF LOCAL AUTHORITY. Local governmental law is herein 35 preempted and local governments shall not have authority to regulate the oper- 36 ation and use of state outdoor sport shooting ranges nor shall they have 37 authority to establish noise standards for state outdoor sport shooting 38 ranges.
STATEMENT OF PURPOSE
RS 17827
This bill would create a new section in Title 67 to
provide for the operation and use of State outdoor sport
shooting ranges. This bill would require State agencies
responsible for managing State outdoor sport shooting ranges
to establish operation and use standards for each range.
The bill also establishes a uniform noise standard for State
outdoor sport shooting ranges, precludes both public and
private nuisance actions for noise against any State outdoor
sport shooting range that is in compliance with this
chapter, requires new uses within one mile of an existing
shooting range to provide for noise abatement and preempts
local standards. This chapter will apply only to State of
Idaho owned sport shooting ranges used by the public.
Private sport shooting ranges will be governed under Chapter
26, Title 55 of the Idaho Code. This chapter does not apply
to any law enforcement or military shooting range.
FISCAL NOTE
No fiscal effect to the General Fund is anticipated
because State outdoor sport shooting ranges are developed
and maintained with dedicated funds. There will be an
effect to Fish and Game funds for sound measurement and any
mitigation actions at ranges to meet the State noise
standard. The annual estimate of cost to Fish and Game
funds to meet the State noise standard ranges from $5,000 to
$30,000 annually.
Sponsors:
Rep. George Eskridge Rep. Tom Trail Rep. Phil Hart
Rep. Donna Pence Rep. Jim Patrick Rep. Mike Moyle
Rep. Carlos Bilbao Rep. Rich Wills
Rep. Elaine Smith Rep. Leon Smith
Rep. Pete Nielsen Rep. James Ruchti
Rep. Wendy Jaquet Rep. Dick Harwood
Rep. Mary Lou Shepherd Rep. Eric Anderson
Rep. Frank Henderson Rep. Fred Wood
Rep. Mark Snodgrass Rep. Liz Chavez
Rep. Marv Hagedorn Rep. JoAn Wood
Sen. Michael Jorgenson Sen. Gary Schroeder
Sen. Shawn Keough Sen. David Langhorst
Sen. Joyce Broadsword Sen. John Andreason
STATEMENT OF PURPOSE / FISCAL NOTE H 515