Bill Text: NY S02320 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S02320 Detail]

Download: New_York-2019-S02320-Introduced.html

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                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 Assem-
        bly, do enact as follows:
     1    Section 1.  Legislative  findings.  The  legislature  finds  that  the
     2  release  of  large quantities of helium-filled balloons result in litter
     3  on land and at sea; that sea mammals and  other  marine  life  die  upon
     4  ingesting  deflated  balloons;  that growing public awareness concerning
     5  pollution has had the salutary effect of  causing  the  cancellation  of
     6  several celebratory and promotional launches of balloons; and that plac-
     7  ing  statutory  limitations  on  the  quantity  of  balloons that may be
     8  launched will reduce litter and protect the ocean environment, and is in
     9  the public interest.
    10    § 2. The environmental conservation law is amended by adding  two  new
    11  sections 11-0331 and 71-0929 to read as follows:
    12  § 11-0331. Release of certain balloons prohibited.
    13    1.  No  business,  firm, corporation or association shall knowingly or
    14  intentionally release or cause to be  released  at  any  single  outdoor
    15  celebration, promotional activity, sporting or other public event within
    16  a  twenty-four  hour  period  more than twenty-five balloons filled with
    17  helium or other substance which causes the balloon to rise or  float  in
    18  the atmosphere. This section shall not apply to:
    19    (a)  Balloons  which  are  used for the purpose of carrying scientific
    20  instrumentation during the  performance  of  an  experiment  or  testing
    21  procedure  or by a person on behalf of a governmental agency or pursuant
    22  to a governmental contract for scientific or meteorological purposes;
    23    (b) Hot air balloons that are recovered after launching;
    24    (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
     1    2. Notwithstanding subdivision one of this section, no business, firm,
     2  corporation, or association shall knowingly or intentionally cause to be
     3  released any balloons if such balloons:
     4    (a)  are  made from metallized nylon, metallized plastic, or any foil-
     5  like substance; or
     6    (b) have any strings, ribbons, or other materials attached to them.
     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.  Effective  immediate-
    14  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    15  necessary for the implementation of the foregoing sections of  this  act
    16  on  their  effective  date  are  authorized to be made on or before such
    17  effective date.