NY State Senate Bill 2011-S2750

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
Feb 17, 2012	print number 2750a
Feb 17, 2012	amend and recommit to environmental conservation
Jan 04, 2012	referred to environmental conservation
Feb 01, 2011	referred to environmental conservation

Bill Amendments

Original

A (Active)

2011-S2750 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §§11-0331 & 71-0929, En Con L
Versions Introduced in 2009-2010 Legislative Session:: S869

2011-S2750 - 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.

2011-S2750 - Sponsor Memo

                                BILL NUMBER:S2750

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: Legislative findings; The release into the atmosphere of
large numbers of helium balloons poses a danger and nuisance to the
environment, particularly 0 wildlife and marine animals.

Section 2: En Con law is amended by adding two new sections. Section
11-0331 is added to prohibit any business, firm or corporation from
intentionally releasing within a twenty-four hour period twenty-five
or more balloons inflated with any lighter-than-air gas.

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;

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, not to exceed fifty thousand dollars.

JUSTIFICATION:

What goes up must come down. Releasing balloons may seem like a
harmless activity, however, 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 are 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
(jellyfish) are eaten by marine life. At this point, the animal can
choke or the balloon becomes lodged in such a way as to prevent the
animal from absorbing nutrients, thereby starving to death.

LEGISLATIVE HISTORY:

Balloons have been found in the guts of dead sea turtles and whales in
the Atlantic and Gulf coasts.

Legislation has already been passed in Florida, Connecticut and
Tennessee limiting the release of helium balloons and is now under
consideration in Massachusetts, New Jersey and Rhode Island.
Suffolk County recently passed a similar ban.


PRIOR LEGISLATIVE HISTORY:
2009-10: S.869
2007-08: S.216
2005-06: S.714
2003-04: S.920

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

2011-S2750 - Bill Text download pdf

                            
                    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.

2011-S2750A (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 2009-2010 Legislative Session:: S869

2011-S2750A (ACTIVE) - Summary

2011-S2750A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2750A

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: Legislative findings; The release into the atmosphere of
large numbers of helium balloons poses a danger and nuisance to the
environment, particularly to wildlife and marine animals.

Section 2: En Con law is amended by adding two new sections. Section
11-0331 is added to prohibit any business, 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;

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, not to exceed fifty thousand dollars.

JUSTIFICATION:
What goes up must come down. Releasing balloons may seem like a
harmless activity, however.
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 are 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 (jellyfish) are eaten by marine life. At this point, the animal
can choke or the balloon becomes lodged in such a way as to prevent
the animal from absorbing nutrients, thereby starving to death.
Balloons have been found in the guts of dead sea turtles and whales in
the Atlantic and Gulf coasts. Similar legislation has already been
passed in Florida, Connecticut and Tennessee and Virginia and is now

under consideration in Massachusetts, New Jersey and Rhode Island.
Suffolk County recently passed a similar ban.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.869
2007-08: S.216
2005-06: S.714
2003-04: S.920

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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.

2011-S2750A (ACTIVE) - Bill Text download pdf

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

                                 2750--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 1, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07681-02-2

S. 2750--A                          2

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.
  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.
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.  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.

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Senate Bill S2750

Sponsored By

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

Bill Amendments

2011-S2750 - Details

2011-S2750 - Summary

2011-S2750 - Sponsor Memo

2011-S2750 - Bill Text download pdf

2011-S2750A (ACTIVE) - Details

2011-S2750A (ACTIVE) - Summary

2011-S2750A (ACTIVE) - Sponsor Memo

2011-S2750A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2750

Share this bill

Sponsored By

Kenneth P. LaValle

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

Bill Amendments

2011-S2750 - Details

2011-S2750 - Summary

2011-S2750 - Sponsor Memo

2011-S2750 - Bill Text download pdf

2011-S2750A (ACTIVE) - Details

2011-S2750A (ACTIVE) - Summary

2011-S2750A (ACTIVE) - Sponsor Memo

2011-S2750A (ACTIVE) - Bill Text download pdf

Comments