NY State Senate Bill 2017-S7094

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation

2017-S7094 (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:: 2019-2020: S2320
2021-2022: S2812
2023-2024: S605
2025-2026: S75

2017-S7094 (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.

2017-S7094 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7094

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:

2016: A05791(Kavanagh)- Environmental Conservation
2015: A05791(Kavanagh)- Codes
2014: A01045(Kavanagh)- Environmental Conservation
2013: A01045(Kavanagh)- Environmental Conservation
2012: A02160(Kavanagh)- Rules
2011: A02160(Kavanagh)- On the Floor
2010: A00709(Kavanagh)- On the Floor
2009: A00709(Kavanagh)- Passed Assembly
2008: A07630(Kavanagh)- Passed Assembly
2007: A07630(Kavanagh)- Passed Assembly
2007: A00449(Grannis)-Environmental Conservation
2006: A01373(Grannis)-Environmental Conservation
2005: A01373(Grannis)-Codes
2004: A01850(Grannis)-Codes
2003: A01850(Grannis)-Codes
2002: A00299(Grannis)-Codes
2001: A00299(Grannis)-Environmental Conservation
2000: A01151(Grannis)-Codes
1999: A01151(Grannis)-Codes
1998: A00464(Grannis)-Environmental Conservation
1997: A00464(Grannis)-Environmental Conservation
1996: A00638(Grannis)-Environmental Conservation
1995: A00638(Grannis)-Passed Assembly
1994: A00617(Grannis)-Passed Assembly
1993: A00617(Grannis)-Passed Assembly
1992: A05278(Grannis)-Passed Assembly
1991: A05278(Grannis)-Passed Assembly
1990: A09603(Grannis)-Rules

 
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.

2017-S7094 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7094
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 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.
   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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02519-01-7

 S. 7094                             2
 
   (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 is authorized to  be  made  on  or  before  such
 effective date.

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Senate Bill S7094

Sponsored By

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

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2017-S7094 (ACTIVE) - Details

2017-S7094 (ACTIVE) - Summary

2017-S7094 (ACTIVE) - Sponsor Memo

2017-S7094 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brian Kavanagh

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

Actions

2017-S7094 (ACTIVE) - Details

2017-S7094 (ACTIVE) - Summary

2017-S7094 (ACTIVE) - Sponsor Memo

2017-S7094 (ACTIVE) - Bill Text download pdf

Comments