NY State Senate Bill 2009-S869

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 21, 2009	referred to environmental conservation

2009-S869 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §§11-0331 & 71-0929, En Con L
Versions Introduced in 2011-2012 Legislative Session:: S2750

2009-S869 (ACTIVE) - Summary

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.

2009-S869 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S869

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
prohibiting the release of certain balloons


 PURPOSE OR GENERAL IDEA OF BILL :
Prohibits the mass release of helium balloons into the environment.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1: Legislative findings; The release into the atmosphere of
large numbers of helium balloons poses a danger and nuisance to the
environment, particularly to wildlife and marine animals.

Section 2: En Con law is amended by adding two new sections. Section
11-0331 is added to prohibit any business, firm or corporation from
intentionally releasing within a twenty-four hour period twenty-five
or more balloons inflated with any lighter-than-air gas.

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;

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, not to exceed fifty thousand dollars.

 JUSTIFICATION :
What goes up must come down. Releasing balloons may seem like a
harmless activity, however 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 are 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
(jellyfish) are eaten by marine life. At this point the animal can
choke or the balloon becomes lodged in such a way as to prevent the
animal from absorbing nutrients, thereby starving to death.

Balloons have been found in the guts of dead sea turtles and whales in
the Atlantic and Gulf coasts.

Legislation has already been passed in Florida, Connecticut and
Tennessee limiting the release of helium balloons and is now under
consideration in Massachusetts, New Jersey and Rhode Island. Suffolk
County recently passed a similar ban.

 PRIOR LEGISLATIVE HISTORY :
S.216, 2007-08; S.714, 2005-06; S.920, 2003-04.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
The first of November next succeeding the date on which it shall have
become a law.

2009-S869 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 869                                                   A. 2584

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2009
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  --  Introduced  by  M.  of  A. WEISENBERG -- read once and
  referred 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:

  Section 1.  Legislative  findings.  The  legislature  finds  that  the
release  of  large  quantities of helium-filled, latex or mylar balloons
has become a popular method of celebration and advertisement and  result
in litter on land and at sea; that sea mammals and other marine life die
upon ingesting deflated balloons; that growing public awareness concern-
ing plastic pollution has had the salutary effect of causing the cancel-
lation  of several celebratory and promotional launches of balloons; and
that placing statutory limitations on the quantity of balloons that  may
be  launched  on  a daily basis will reduce litter and protect the ocean
environment, and is in the public interest.
  S 2. The environmental conservation law is amended by adding  two  new
sections 11-0331 and 71-0929 to read as follows:
S 11-0331. RELEASE OF CERTAIN BALLOONS PROHIBITED.
  NO  BUSINESS,  FIRM,  CORPORATION  OR  ASSOCIATION  SHALL KNOWINGLY OR
INTENTIONALLY CAUSE TO BE RELEASED OR KNOWINGLY OR INTENTIONALLY RELEASE
AT ANY SINGLE OUTDOOR CELEBRATION,  PROMOTIONAL  ACTIVITY,  SPORTING  OR
OTHER   PUBLIC   EVENT  WITHIN  A  TWENTY-FOUR  HOUR  PERIOD  MORE  THAN
TWENTY-FIVE BALLOONS FILLED WITH HELIUM OR OTHER SUBSTANCE WHICH  CAUSES
THE  BALLOON  TO RISE OR FLOAT IN THE ATMOSPHERE. THIS SECTION SHALL NOT
APPLY TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01782-04-9

S. 869                              2                            A. 2584

  (A) BALLOONS WHICH ARE USED FOR THE  PURPOSE  OF  CARRYING  SCIENTIFIC
INSTRUMENTATION  DURING  THE  PERFORMANCE  OF  AN  EXPERIMENT OR TESTING
PROCEDURE OR BY A PERSON ON BEHALF OF A GOVERNMENTAL AGENCY OR  PURSUANT
TO A GOVERNMENTAL CONTRACT FOR SCIENTIFIC OR METEOROLOGICAL PURPOSES;
  (B) HOT AIR BALLOONS THAT ARE RECOVERED AFTER LAUNCHING;
  (C) BALLOONS RELEASED INDOORS.
S 71-0929. ENFORCEMENT OF SECTION 11-0331 OF THIS CHAPTER.
  ANY  VIOLATION  OF SECTION 11-0331 OF THIS CHAPTER SHALL BE PUNISHABLE
BY A CIVIL PENALTY OF TEN DOLLARS FOR EACH BALLOON RELEASED IN EXCESS OF
THE LIMITS SET FORTH IN SUCH  SECTION,  NOT  TO  EXCEED  FIFTY  THOUSAND
DOLLARS.
  S 3. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that 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 and directed
to be made and completed on or before such effective date.

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Senate Bill S869

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2009-S869 (ACTIVE) - Details

2009-S869 (ACTIVE) - Summary

2009-S869 (ACTIVE) - Sponsor Memo

2009-S869 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S869

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2009-S869 (ACTIVE) - Details

2009-S869 (ACTIVE) - Summary

2009-S869 (ACTIVE) - Sponsor Memo

2009-S869 (ACTIVE) - Bill Text download pdf

Comments