NY State Senate Bill 2019-S2320

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 24, 2019	referred to environmental conservation

2019-S2320 (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 Other Legislative Sessions:: 2017-2018: S7094
2021-2022: S2812
2023-2024: S605
2025-2026: S75

2019-S2320 (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.

2019-S2320 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2320

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

 
PURPOSE:

Prohibits the mass release of helium balloons into the environment.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill outlines the legislative findings. The release
into the atmosphere of large numbers of helium balloons poses a danger
the environment, particularly to wildlife and marine animals, and
results in litter.

Section 2 of the bill amends the environmental conservation law by
adding two new sections. Section 11-0331 is added to prohibit any busi-
ness, firm or corporation from intentionally releasing within a twenty-
four hour period twenty-five or more balloons inflated with helium or

any other substance which causes the balloon to rise or float in the
atmosphere. 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; and (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
in excess of the limits in 11-0331, not to exceed fifty thousand
dollars.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

What goes up must come down. Releasing balloons may seem like a harmless
activity, but 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 is 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, such as jellyfish, they are
frequently eaten by marine life, which can lead to the animal choking or
the balloon becoming lodged in such a way as to prevent the animal from
absorbing nutrients, thereby causing it to starve to death. Balloons
have been found in the guts of dead sea turtles and whales in the Atlan-
tic and Gulf coasts. Similar legislation has already been enacted in
other states.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
Prevents any business, firm, corporation, or association from knowingly
or intentionally releasing more than twenty-five balloons in a twenty-
four-hour period.

 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:

Impose a fine of ten dollars for every balloon released in excess of the
twenty-five balloon limit, not to exceed fifty thousand dollars.

 
LEGISLATIVE HISTORY:

2018: S7094- REFERREDTO ENVIRONMENTAL CONSERVATION
2017: A1832- stricken
2016: A5791- referredto environmental conservation
2015: A5791- referredto codes

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law. 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 to be made on or before such effective
date.

2019-S2320 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2320
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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.
                                                            LBD02451-01-9

 S. 2320                             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  are  authorized to be made on or before such
 effective date.

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Senate Bill S2320

Sponsored By

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

2019-S2320 (ACTIVE) - Details

2019-S2320 (ACTIVE) - Summary

2019-S2320 (ACTIVE) - Sponsor Memo

2019-S2320 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2320

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Sponsored By

Brian Kavanagh

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

2019-S2320 (ACTIVE) - Details

2019-S2320 (ACTIVE) - Summary

2019-S2320 (ACTIVE) - Sponsor Memo

2019-S2320 (ACTIVE) - Bill Text download pdf

Comments