Bill Text: NY S07094 | 2017-2018 | 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) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S07094 Detail]

Download: New_York-2017-S07094-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7094
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        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.
    25    2. Notwithstanding subdivision one of this section, no business, firm,
    26  corporation, or association shall knowingly or intentionally cause to be
    27  released any balloons if such balloons:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02519-01-7
        S. 7094                             2
     1    (a) are made from metallized nylon, metallized plastic, or  any  foil-
     2  like substance; or
     3    (b) have any strings, ribbons, or other materials attached to them.
     4  § 71-0929. Enforcement of section 11-0331 of this chapter.
     5    Any  violation  of section 11-0331 of this chapter shall be punishable
     6  by a civil penalty of ten dollars for each balloon released in excess of
     7  the limits set forth in such  section,  not  to  exceed  fifty  thousand
     8  dollars.
     9    § 3. This act shall take effect on the first of November next succeed-
    10  ing  the date on which it shall have become a law.  Effective immediate-
    11  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    12  necessary  for  the implementation of the foregoing sections of this act
    13  on their effective date is authorized to  be  made  on  or  before  such
    14  effective date.