Prohibits release of certain balloons

BILL NUMBER:S2750A

Title of bill

An act to amend the environmental conservation law, in relation to prohibiting the release of certain balloons

Purpose

Prohibits the mass release of helium balloons into the environment.

Summary of provisions

Section 1: Legislative findings; The release into the atmosphere of large numbers of helium balloons poses a danger and nuisance to the environment, particularly to wildlife and marine animals.

Section 2: En Con law is amended by adding two new sections. Section 11-0331 is added to prohibit any business, firm or corporation from intentionally releasing within a twenty-four hour period twenty-five or more balloons inflated with helium or any other substance which causes the balloon to rise or float in the atmosphere.

Exceptions to the prohibition include the following:

1. Balloons used for carrying scientific instrumentation or by a person on behalf of a governmental agency, or pursuant to a governmental contract for scientific or meteorological purposes;

2. Hot air balloons that are recovered after launching;

3. Balloons released indoors.

Section 71-0929 would provide that any violation of 11-0331 shall be punishable by a civil penalty of ten dollars for each balloon released, not to exceed fifty thousand dollars.

Justification

What goes up must come down. Releasing balloons may seem like a harmless activity, however. the litter caused by balloons has a significant impact on the environment. The hazards posed by balloons on marine life are well documented. The release of latex balloons into the atmosphere are a hazard to endangered sea turtles, whales, sea birds and other marine life. The vast majority of the balloons come down over the ocean and because these balloons resemble food (jellyfish) are eaten by marine life. At this point, the animal can choke or the balloon becomes lodged in such a way as to prevent the animal from absorbing nutrients, thereby starving to death. Balloons have been found in the guts of dead sea turtles and whales in the Atlantic and Gulf coasts. Similar legislation has already been passed in Florida, Connecticut and Tennessee and Virginia and is now

under consideration in Massachusetts, New Jersey and Rhode Island. Suffolk County recently passed a similar ban.

Prior legislative history

2009-10: S.869 2007-08: S.216 2005-06: S.714 2003-04: S.920

Fiscal implications

None.

Effective date

The first of November next succeeding the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act on their effective date is authorized to be made on or before such effective date.