Prohibits the release of 25 or more balloons inflated with a gas that is lighter than air within a 24 hour period to reduce litter and protect the marine environment; makes related provisions for enforcement and for certain exceptions.
STATE OF NEW YORK
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S. 869 A. 2584
2009-2010 Regular Sessions
SENATE - ASSEMBLY
January 21, 2009
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Environmental
Conservation
IN ASSEMBLY -- Introduced by M. of A. WEISENBERG -- read once and
referred 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 Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds that the
2 release of large quantities of helium-filled, latex or mylar balloons
3 has become a popular method of celebration and advertisement and result
4 in litter on land and at sea; that sea mammals and other marine life die
5 upon ingesting deflated balloons; that growing public awareness concern-
6 ing plastic pollution has had the salutary effect of causing the cancel-
7 lation of several celebratory and promotional launches of balloons; and
8 that placing statutory limitations on the quantity of balloons that may
9 be launched on a daily basis will reduce litter and protect the ocean
10 environment, and is in the public interest.
11 § 2. The environmental conservation law is amended by adding two new
12 sections 11-0331 and 71-0929 to read as follows:
13 § 11-0331. Release of certain balloons prohibited.
14 No business, firm, corporation or association shall knowingly or
15 intentionally cause to be released or knowingly or intentionally release
16 at any single outdoor celebration, promotional activity, sporting or
17 other public event within a twenty-four hour period more than twenty-
18 five balloons filled with helium or other substance which causes the
19 balloon to rise or float in the atmosphere. This section shall not apply
20 to:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01782-04-9
S. 869 2 A. 2584
1 (a) Balloons which are used for the purpose of carrying scientific
2 instrumentation during the performance of an experiment or testing
3 procedure or by a person on behalf of a governmental agency or pursuant
4 to a governmental contract for scientific or meteorological purposes;
5 (b) Hot air balloons that are recovered after launching;
6 (c) Balloons released indoors.
7 § 71-0929. Enforcement of section 11-0331 of this chapter.
8 Any violation of section 11-0331 of this chapter shall be punishable
9 by a civil penalty of ten dollars for each balloon released in excess of
10 the limits set forth in such section, not to exceed fifty thousand
11 dollars.
12 § 3. This act shall take effect on the first of November next succeed-
13 ing the date on which it shall have become a law; provided, however,
14 that effective immediately, the addition, amendment and/or repeal of any
15 rule or regulation necessary for the implementation of the foregoing
16 sections of this act on their effective date is authorized and directed
17 to be made and completed on or before such effective date.
