Assembly Bill A709

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

                                   709

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. KAVANAGH, WEISENBERG, COOK, PAULIN, SALADINO,
  JAFFEE -- Multi-Sponsored by -- M. of A. DINOWITZ, GOTTFRIED,  HOOPER,
  MAYERSOHN,  PHEFFER, 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.
  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.
  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;

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

                                                           LBD01782-03-9

A. 709                              2

  (B) HOT AIR BALLOONS THAT ARE RECOVERED AFTER LAUNCHING;
  (C) BALLOONS RELEASED INDOORS.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, NO BUSINESS, FIRM,
CORPORATION, OR ASSOCIATION SHALL KNOWINGLY OR INTENTIONALLY CAUSE TO BE
RELEASE 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.
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.