Prohibits the outdoor release of 25 or more balloons inflated with a gas that is lighter than air within a 24 hour period in order to reduce litter and protect the marine environment; makes related provisions for enforcement and for certain exceptions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1832
SPONSOR: Kavanagh (MS) 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:
2016: A05791 (Kavanagh) - Environmental Conservation
2015: A05791 (Kavanagh) - Codes
2014: A01045 (Kavanagh) - Environmental Conservation
2013: A01045 (Kavanagh) - Environmental Conservation
2012: A02160 (Kavanagh) - Rules
2011: A02160 (Kavanagh) - On the Floor
2010: A00709 (Kavanagh) - On the Floor
2009: A00709 (Kavanagh) - Passed Assembly
2008: A07630 (Kavanagh) - Passed Assembly
2007: A07630 (Kavanagh) - Passed Assembly
2007: A00449 (Grannis) - Environmental Conservation
2006: A01373 (Grannis) - Environmental Conservation
2005: A01373 (Grannis) - Codes
2004: A01850 (Grannis) - Codes
2003: A01850 (Grannis) - Codes
2002: A00299 (Grannis) - Codes
2001: A00299 (Grannis) - Environmental Conservation
2000: A01151 (Grannis) - Codes
1999: A01151 (Grannis) - Codes
1998: A00464 (Grannis) - Environmental Conservation
1997: A00464 (Grannis) - Environmental Conservation
1996: A00638 (Grannis) - Environmental Conservation
1995: A00638 (Grannis) - Passed Assembly
1994: A00617 (Grannis) - Passed Assembly
1993: A00617 (Grannis) - Passed Assembly
1992: A05278 (Grannis) - Passed Assembly
1991: A05278 (Grannis) - Passed Assembly
1990: A09603 (Grannis) - Rules
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.
