S T A T E O F N E W Y O R K
________________________________________________________________________
8831
2019-2020 Regular Sessions
I N A S S E M B L Y
November 25, 2019
___________
Introduced by M. of A. LAVINE -- 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 balloons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 11-0331 to read as follows:
§ 11-0331. RELEASE OF BALLOONS PROHIBITED.
1. NO PERSON SHALL KNOWINGLY OR INTENTIONALLY CAUSE ANY BALLOON TO BE
RELEASED OUTDOORS. 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:
(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; OR
(B) MANNED HOT AIR BALLOONS.
§ 2. 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.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13738-01-9