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