S T A T E O F N E W Y O R K
________________________________________________________________________
8522--A
2019-2020 Regular Sessions
I N A S S E M B L Y
August 7, 2019
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Environmental Conservation -- recommitted to the Committee on Envi-
ronmental Conservation in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the release of balloons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. When balloons are released into our
airspace, balloon debris is introduced into our environment and our
ecosystem. Like other plastics, balloon debris takes hundreds of years
to degrade, resulting in the lasting and harmful pollution of our water-
ways, beaches, and environment. Balloon debris is also particularly
harmful to marine and wildlife, commonly causing injury and death
through ingestion and entanglement. In addition, balloons can pose a
significant economic risk to boaters and the fishing industry by causing
potentially severe damage to boats, while mylar balloons in particular
can also threaten utility supply. It is necessary to curb the inten-
tional release of balloons in order to prevent the wasting of natural
resources, the littering and pollution of our communities and waterways,
and the unnecessary harming of marine and wildlife.
§ 2. The environmental conservation law is amended by adding a new
section 11-0331 to read as follows:
§ 11-0331. RELEASE OF CERTAIN BALLOONS PROHIBITED.
1. NO PERSON SHALL KNOWINGLY RELEASE OR INTENTIONALLY CAUSE TO BE
RELEASED OUTDOORS A BALLOON. FOR PURPOSES OF THIS SECTION, "BALLOON"
SHALL REFER TO A FLEXIBLE, NONPOROUS BAG MADE OF MATERIALS SUCH AS
RUBBER, LATEX, POLYCHLOROPRENE OR NYLON FABRIC THAT CONTAINS HELIUM,
HYDROGEN, NITROUS OXIDE, OXYGEN, AIR OR WATER.
2. THIS SECTION SHALL NOT APPLY TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13500-04-0
A. 8522--A 2
(A) BALLOONS WHICH ARE USED FOR THE PURPOSE OF CARRYING SCIENTIFIC
INSTRUMENTATION DURING THE PERFORMANCE OF AN EXPERIMENT OR TEST OR BY A
PERSON ON BEHALF OF A GOVERNMENTAL AGENCY OR PURSUANT TO A GOVERNMENTAL
CONTRACT FOR SCIENTIFIC OR METEOROLOGICAL PURPOSES;
(B) MANNED HOT AIR BALLOONS; OR
(C) BALLOONS RELEASED INDOORS.
§ 3. Section 71-0923 of the environmental conservation law is amended
by adding a new subdivision 13 to read as follows:
13. A VIOLATION OF SECTION 11-0331 OF THIS CHAPTER IS PUNISHABLE BY A
FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR IMPRISONMENT FOR FIFTEEN
DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
§ 4. This act shall take effect January 1, 2021.