Bill Text: NY A08522 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits the release of balloons with exceptions for manned hot air balloons, government-related experiments, and balloons released indoors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-05 - print number 8522a [A08522 Detail]

Download: New_York-2019-A08522-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8522--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     August 7, 2019
                                       ___________

        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Environmental Conservation -- recommitted to the Committee on Envi-
          ronmental  Conservation  in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

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

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

     1    Section  1.  Legislative findings. When balloons are released into our
     2  airspace, balloon debris is introduced  into  our  environment  and  our
     3  ecosystem.   Like other plastics, balloon debris takes hundreds of years
     4  to degrade, resulting in the lasting and harmful pollution of our water-
     5  ways, beaches, and environment.  Balloon  debris  is  also  particularly
     6  harmful    to  marine  and  wildlife,  commonly causing injury and death
     7  through ingestion and entanglement. In addition,  balloons  can  pose  a
     8  significant economic risk to boaters and the fishing industry by causing
     9  potentially  severe  damage to boats, while mylar balloons in particular
    10  can also threaten utility supply. It is necessary  to  curb  the  inten-
    11  tional  release  of  balloons in order to prevent the wasting of natural
    12  resources, the littering and pollution of our communities and waterways,
    13  and the unnecessary harming of marine and wildlife.
    14    § 2.  The environmental conservation law is amended by  adding  a  new
    15  section 11-0331 to read as follows:
    16  § 11-0331. Release of certain balloons prohibited.
    17    1.  No  person  shall  knowingly  release or intentionally cause to be
    18  released outdoors a balloon.  For purposes of  this  section,  "balloon"
    19  shall  refer  to  a  flexible,  nonporous  bag made of materials such as
    20  rubber, latex, polychloroprene or nylon  fabric  that  contains  helium,
    21  hydrogen, nitrous oxide, oxygen, air or water.
    22    2. This section shall not apply to:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13500-04-0
        A. 8522--A                          2

     1    (a)  balloons  which  are  used for the purpose of carrying scientific
     2  instrumentation during the performance of an experiment or test or by  a
     3  person  on behalf of a governmental agency or pursuant to a governmental
     4  contract for scientific or meteorological purposes;
     5    (b) manned hot air balloons; or
     6    (c) balloons released indoors.
     7    §  3. Section 71-0923 of the environmental conservation law is amended
     8  by adding a new subdivision 13 to read as follows:
     9    13. A violation of section 11-0331 of this chapter is punishable by  a
    10  fine  not  to  exceed  one thousand dollars, or imprisonment for fifteen
    11  days, or by both such fine and imprisonment.
    12    § 4. This act shall take effect January 1, 2021.