Bill Text: CA AB847 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Electrically conductive balloons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-18 - Chaptered by Secretary of State - Chapter 401, Statutes of 2022. [AB847 Detail]

Download: California-2021-AB847-Amended.html

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Amended  IN  Senate  June 20, 2022

Amended  IN  Senate  May 31, 2022

Amended  IN  Assembly  May 24, 2021

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 847

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Introduced by Assembly Member Quirk
(Coauthor: Assembly Member Lorena Gonzalez)

February 17, 2021

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An act to amend and repeal Section 22942 of of, and to add Section 22942.5 to, the Business and Professions Code, and to add Section 15477 to the Government Code, relating to business.

LEGISLATIVE COUNSEL'S DIGEST

AB 847, as amended, Quirk. Electrically conductive balloons.

(1)Existing

Existing law requires a person who manufactures a balloon in this state that is constructed of electrically conductive material to permanently mark each balloon with, among other things, a statement warning consumers about the dangerous risk of fire if the balloon comes in contact with an electrical power line. Existing law also imposes specified requirements on a person who sells or distributes a balloon constructed of electrically conductive material that is filled with lighter-than-air gas, including prohibiting the person from attaching the balloon to an electrically conductive object.

This bill would make these provisions inoperative on September 1, 2026, and would repeal them on January 1, 2027.

(2)Existing law establishes the Office of Energy Infrastructure Safety to ensure that the operations of energy and communication infrastructure within the state will be adequately managed, and establishes the Office of Emergency Services in the office of the Governor, which is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.

This bill would require, on or before September 1, 2024, or upon the issuance of a final standard, as approved by the Institute of Electrical and Electronics Engineers, whichever is later, the Office of Energy Infrastructure Safety, in consultation with the Office of Emergency Services, to adopt regulations governing the sale or manufacture of celebratory balloons constructed of electrically conductive material and filled with lighter-than-air gas. The bill would require the regulations to ensure, among other things, that the balloons pass a standard test performed by a reputable electric testing center without causing a fault at high-voltage electric distribution levels.

This bill would provide that a business that sells or manufactures a celebratory balloon that is constructed of electrically conductive material is required to permanently mark the balloon with specified information, including the dangers of releasing balloons which may contact overhead power lines and the identity of the manufacturer. The bill would also require a business that sells or manufactures a celebratory balloon that is constructed of electrically conductive material that is filled with lighter-than-air gas to affix an object of sufficient weight to the balloon or its appurtenance, as provided, and prohibits the business from attaching an electrically conductive string, or other object, to the balloon.

The bill, on and after September 1, 2026, would prohibit a business from selling or offering for sale, and a manufacturer from manufacturing for sale, a celebratory balloon made of electrically conductive material filled with lighter-than-air gas, unless the balloon complies with these provisions.

The bill would make a business or person violating these provisions subject to a civil penalty of $50 for each violation.

This bill would require a person, as defined, who manufactures a foil balloon to permanently mark the balloon with additional specified information, including the dangers of releasing foil balloons that may come into contact with overhead power lines and that the balloon is in compliance with the provisions of this bill. The bill would define a “foil balloon” to mean a balloon that is constructed of electrically conductive material and filled with lighter-than-air gas.

This bill would require a person who sells, offers for sale, or manufactures for sale any foil balloon to ensure that those foil balloons pass a standard test, the Institute of Electrical and Electronics Engineers (IEEE) standard test, once it is approved, that is performed by a reputable electric testing center without causing a fault at high-voltage electric distribution levels. The bill would require foil balloons to become compliant with the provisions of this bill according to a phase-in period, as specified. The bill, following completion of the phase-in period, would prohibit a person from selling, offering for sale, or manufacturing for sale, a foil balloon, unless the balloon complies with these provisions.

This bill would define various terms for these purposes.

This bill would make a person who violates, or who threatens to violate, these provisions subject to liability for injunction and a civil penalty of $50 per noncompliant balloon, not to exceed $2,500 per day. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General or local officials, as specified. The bill would require the civil penalties to be collected and retained by the office that brought the action.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 22942 of the Business and Professions Code is amended to read:

22942.

 (a) A person who manufactures a balloon in this state that is constructed of electrically conductive material shall comply with both all of the following:

(1) Permanently mark each balloon with a printed statement, written in a legible font size and located in a conspicuous area on the balloon, that warns the consumer about the dangerous risk of fire if the balloon comes in contact with an electrical power line. dangers of releasing balloons which may come into contact with overhead power lines.

(2) Permanently mark each balloon with the identity of the manufacturer.

(3) Permanently mark each balloon that it is in compliance with this section.

(b) A person who sells or distributes a foil balloon constructed of electrically conductive material that is filled with a gas lighter than air shall comply with both of the following:

(1) The person shall affix an object of sufficient weight to each balloon or its appurtenance to counter the lift capability of the balloon.

(2) The person shall not attach the balloon to an electrically conductive string, tether, or streamer, to a balloon constructed of electrically conductive material, or to any other electrically conductive object.

(c) This section shall not apply to manned hot air balloons or to balloons used in governmental or scientific research projects.

(d)This section shall become inoperative on September 1, 2026, and, as of January 1, 2027, is repealed.

(d) A person that sells, offers for sale, or manufactures for sale, in this state, any foil balloon shall ensure that those foil balloons pass a standard test performed by a reputable electric testing center without causing a fault at high-voltage electric distribution levels, which could cause an outage or ignition.

(1) (A) The standard test shall be the Institute of Electrical and Electronics Engineers (IEEE) standard for testing foil balloons at electric distribution voltages without causing an electrical fault when the standard is approved by IEEE, or by an equivalent body.

(B) The standard test shall be approved when IEEE, or an equivalent body, does all of the following:

(i) Publishes an interim standard.

(ii) Completes its two-year trial of the interim standard.

(iii) Publishes the final approved standard, following adjustments, if any, to the interim standard.

(2) This requirement is subject to the following phase-in period:

(A) At least 20 percent of the person’s foil balloons shall comply with this section no later than one year from the commencement date.

(B) At least 50 percent of the person’s foil balloons shall comply with this section no later than two years from the commencement date.

(C) All of the person’s foil balloons shall comply no later than three years from the commencement date.

(e) Following the completion of the phase-in period outlined in subdivision (d) and notwithstanding any other law, a person shall not sell, offer for sale, or manufacture for sale, in this state, any foil balloon, unless the balloon complies with this section.

(f) For the purposes of this section, the following terms shall have the following meanings:

(1) “Commencement date” means the date on which the IEEE, or an equivalent body, approves the standard for testing foil balloons at a level of electric distribution voltages without causing an electrical fault, whichever is later.

(2) “Foil balloon” means a balloon that is constructed of electrically conductive material filled with lighter-than-air gas.

(3) “Phase-in period” means the gradual phase in of the restrictions on the sale, offer for sale, and manufacture for sale, in this state, of a foil balloon following the commencement date, as set forth in subdivision (d).

(4) “Person” means any individual, association, organization, partnership, business trust, limited liability company, corporation, or other entity.

SEC. 2.Section 15477 is added to the Government Code, to read:

15477.

(a)On or before September 1, 2024, or upon the issuance of a final standard, as approved by the Institute of Electrical and Electronics Engineers(IEEE), whichever is later, the Office of Energy Infrastructure Safety, in consultation with the Office of Emergency Services, shall adopt regulations governing the sale or manufacture in the state of celebratory balloons constructed of electrically conductive material and filled with lighter-than-air gas. The regulations shall do both of the following:

(1)Require that to be sold or manufactured in the state, celebratory balloons made of electrically conductive material and filled with lighter-than-air gas shall pass a standard test performed by a reputable electric testing center without causing a fault at high-voltage electric distribution levels, which could cause an outage or ignition.

(2)The standard test shall be the IEEE standard for testing celebratory balloons at electric distribution voltages without causing an electrical fault, only when that standard is approved by the IEEE or an equivalent body.

(b)Pursuant to Section 22942 of the Business and Professions Code, a business that sells or manufactures in this state a celebratory balloon that is constructed of electrically conductive material shall comply with all of the following:

(1)Permanently mark each balloon with a printed statement, written in a legible font size and located in a conspicuous area on the balloon, that warns the consumer about the dangers of releasing balloons which may contact overhead power lines.

(2)Permanently mark each balloon with the identity of the manufacturer.

(3)Permanently mark each balloon that it complies with this section.

(c)Pursuant to Section 22942 of the Business and Professions Code, a business that sells or distributes a celebratory balloon constructed of electrically conductive material that is filled with lighter-than-air gas shall comply with both of the following:

(1)The business shall affix an object of sufficient weight to each balloon or its appurtenance to counter the lift capability of the balloon.

(2)The business shall not attach the balloon to an electrically conductive string, tether, or streamer, to a balloon constructed of electrically conductive material, or to any other electrically conductive object.

(d)On and after September 1, 2026, and notwithstanding any other law, a business shall not sell or offer for sale, and a manufacturer shall not manufacture for sale, in this state, any celebratory balloon made of electrically conductive material filled with lighter-than-air gas, unless the balloon complies with this section.

(e)A violation of this section by a business or person shall result in a civil penalty in the amount of fifty dollars ($50) for each violation.

SEC. 2.

 Section 22942.5 is added to the Business and Professions Code, to read:

22942.5.

 (a) A person who violates or threatens to violate Section 22942 may be enjoined in any court of competent jurisdiction.

(b) (1) A person who has violated Section 22942 is liable for a civil penalty in the amount of fifty dollars ($50) for each foil balloon that was sold, offered for sale, manufactured for sale, or distributed in violation of Section 22942. This civil penalty shall not exceed two thousand five hundred dollars ($2,500) per day, in addition to any other penalty established by law. This civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.

(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:

(A) The nature and extent of the violation.

(B) The number and severity of the violations.

(C) The economic effect of the penalty on the person who violated Section 22942.

(D) Whether the person who violated Section 22942 took good faith measures to comply with Section 22942 and when these measures were taken.

(E) The deterrent effect that the imposition of the penalty would have on both the person who violated Section 22942 and the regulated community as a whole.

(F) The willfulness of the persons responsible for the violation.

(G) Any other factors that justice may require.

(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor.

(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.