S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1832
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced by M. of A. KAVANAGH, PAULIN, JAFFEE, COOK -- Multi-Sponsored
   by  --  M. of A. DINOWITZ, GOTTFRIED, HOOPER, SALADINO, THIELE -- 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 balloons result in litter
 on land and at sea; that sea mammals and  other  marine  life  die  upon
 ingesting  deflated  balloons;  that growing public awareness concerning
 pollution has had the salutary effect of  causing  the  cancellation  of
 several celebratory and promotional launches of balloons; and that plac-
 ing  statutory  limitations  on  the  quantity  of  balloons that may be
 launched will reduce litter and protect the ocean environment, and is in
 the public interest.
   § 2. The environmental conservation law is amended by adding  two  new
 sections 11-0331 and 71-0929 to read as follows:
 § 11-0331. RELEASE OF CERTAIN BALLOONS PROHIBITED.
   1.  NO  BUSINESS,  FIRM, CORPORATION OR ASSOCIATION SHALL KNOWINGLY OR
 INTENTIONALLY RELEASE OR CAUSE TO BE  RELEASED  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:
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02519-01-7

 A. 1832                             2
 
   2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, NO BUSINESS, FIRM,
 CORPORATION, OR ASSOCIATION SHALL KNOWINGLY OR INTENTIONALLY CAUSE TO BE
 RELEASED ANY BALLOONS IF SUCH BALLOONS:
   (A)  ARE  MADE FROM METALLIZED NYLON, METALLIZED PLASTIC, OR ANY FOIL-
 LIKE SUBSTANCE; OR
   (B) HAVE ANY STRINGS, RIBBONS, OR OTHER MATERIALS ATTACHED TO THEM.
 § 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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.  Effective  immediate-
 ly,  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  to be made on or before such
 effective date.