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S2320Senate2019-2020 Session

Limit Outdoor Balloon Releases

Official title

“Prohibits release of certain balloons”

Sponsor Brian KavanaghSD-26Affects Environment & Energy
Status
In Senate Committee
Environmental Conservation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Environmental Conservation

What's happening

This bill prohibits the outdoor release of more than 25 helium balloons at events and bans certain types of balloons, with penalties for violations.

Why it matters

  1. Addresses environmental and wildlife protection. By limiting and banning certain types of balloon releases, the bill seeks to reduce litter and prevent harm to marine life and other animals that may ingest or become entangled in balloon debris.

  2. Targets specific materials and hazardous attachments. The ban on releasing balloons made of metallized nylon, plastic, foil, and those with attached strings or ribbons aims to mitigate the risks posed by materials that are especially persistent in the environment and prone to causing wildlife entanglement or power outages.

  3. Narrowly tailored exemptions and clear enforcement. The bill allows for exceptions for scientific or meteorological use, and for hot air balloons that are recovered and indoor releases, balancing environmental concerns with practical needs and traditions.

  4. Imposes substantial financial penalties. With fines of $10 per excess balloon and a maximum of $50,000, the bill creates a strong financial deterrent for businesses and organizations, signaling the seriousness of compliance and environmental responsibility.

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Who cares

Headline styles

Limit Outdoor Balloon Releases

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian Kavanagh

Senator · Senate District 26

Chair, Housing, Construction And Community Development

No co-sponsors yet.

History

  1. Referred to environmental conservation
  2. Referred to environmental conservation

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2320

2019-2020 Regular Sessions

IN SENATE

January 24, 2019

Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to prohibiting the release of certain balloons

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Legislative findings. The legislature finds that the release of large quantities of helium-filled balloons result in litter on land and at sea; that sea mammals and other marine life die upon ingesting deflated balloons; that growing public awareness concerning pollution has had the salutary effect of causing the cancellation of several celebratory and promotional launches of balloons; and that placing statutory limitations on the quantity of balloons that may be launched will reduce litter and protect the ocean environment, and is in the public interest.

§ 2. The environmental conservation law is amended by adding two new sections 11-0331 and 71-0929 to read as follows: § 11-0331. Release of certain balloons prohibited.

1. No business, firm, corporation or association shall knowingly or intentionally release or cause to be released at any single outdoor celebration, promotional activity, sporting or other public event within a twenty-four hour period more than twenty-five balloons filled with helium or other substance which causes the balloon to rise or float in the atmosphere. This section shall not apply to:

(a) Balloons which are used for the purpose of carrying scientific instrumentation during the performance of an experiment or testing procedure or by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes;

(b) Hot air balloons that are recovered after launching;

(c) Balloons released indoors.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02451-01-9

S. 2320 2

2. Notwithstanding subdivision one of this section, no business, firm, corporation, or association shall knowingly or intentionally cause to be released any balloons if such balloons:

(a) are made from metallized nylon, metallized plastic, or any foillike substance; or

(b) have any strings, ribbons, or other materials attached to them. § 71-0929. Enforcement of section 11-0331 of this chapter.

Any violation of section 11-0331 of this chapter shall be punishable by a civil penalty of ten dollars for each balloon released in excess of the limits set forth in such section, not to exceed fifty thousand dollars.

§ 3. This act shall take effect on 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 are authorized to be made on or before such effective date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 of the bill outlines the legislative findings. The release into the atmosphere of large numbers of helium balloons poses a danger the environment, particularly to wildlife and marine animals, and results in litter.

Section 2 of the bill amends the environmental conservation law by adding two new sections. Section 11-0331 is added to prohibit any busi- ness, 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; and (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 in excess of the limits in 11-0331, not to exceed fifty thousand dollars.

Section 3 sets forth the effective date.

Justification

What goes up must come down. Releasing balloons may seem like a harmless activity, but 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 is 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, such as jellyfish, they are frequently eaten by marine life, which can lead to the animal choking or the balloon becoming lodged in such a way as to prevent the animal from absorbing nutrients, thereby causing it to starve to death. Balloons have been found in the guts of dead sea turtles and whales in the Atlan- tic and Gulf coasts. Similar legislation has already been enacted in other states.

Fiscal impact on the state

None.

Fiscal impact on localities

None.

Impact on regulation of businesses and individuals

Prevents any business, firm, corporation, or association from knowingly or intentionally releasing more than twenty-five balloons in a twenty- four-hour period.

Impact on fines, imprisonment, forfeiture of rights, or other penal sanctions

Impose a fine of ten dollars for every balloon released in excess of the twenty-five balloon limit, not to exceed fifty thousand dollars.

Legislative history

2018: S7094- REFERREDTO ENVIRONMENTAL CONSERVATION 2017: A1832- stricken 2016: A5791- referredto environmental conservation 2015: A5791- referredto codes

Effective date

This act shall take effect on 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.