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

    S. 2750                                                  A. 3986

                       2011-2012 Regular Sessions

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

                            February 1, 2011
                               ___________

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. 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07681-01-1

              

S. 2750                             2                            A. 3986

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.
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.