NY State Senate Bill S7985

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

Introduced
In Committee
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- Passed Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 06, 2020	referred to environmental conservation

S7985 (ACTIVE) - Details

See Assembly Version of this Bill:: A8522
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0331, amd §71-0923, En Con L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5308, A5902
2023-2024: S2262, A3851

S7985 (ACTIVE) - Summary

Prohibits the release of balloons with exceptions for manned hot air balloons, government-related experiments, and balloons released indoors.

S7985 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7985

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the release of balloons

 
PURPOSE:

To ban the release of certain balloons that cause irreparable harm to
wildlife and environment.

 
SUMMARY OF PROVISIONS:

Section 1. Legislative findings

Section 2. Adds section 11-0331 to the environmental conservation law
that prohibits the intentional outdoor release of certain balloons,
which are defined in subsection 1 and provides for exceptions to the ban
in subsection in subsection 2.

Section 3. Amends 71-0923 of the environmental conservation law to
provide for penalties for violations of the above section.

Section 4. Sets for the effective date.

 
JUSTIFICATION:

When balloons are released into our airspace, balloon debris is intro-
duced into our environment and our ecosystem. Like other plastics,
balloon debris takes hundreds of years to degrade resulting in the last-
ing and harmful pollution of our waterways, 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.

This legislation seeks to curb the intentional 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.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on January 1, 2021.

S7985 (ACTIVE) - Bill Text download pdf


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

                                  7985

                            I N  S E N A T E

                              March 6, 2020
                               ___________

Introduced  by  Sen. LAVALLE -- 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 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:
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13500-05-0

S. 7985                             2

  §  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.

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The New York State Senate

senate Bill S7985

Sponsored By

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

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S7985 (ACTIVE) - Details

S7985 (ACTIVE) - Summary

S7985 (ACTIVE) - Sponsor Memo

S7985 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7985

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Sponsored By

Kenneth P. LaValle

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

Your Voice

Actions

S7985 (ACTIVE) - Details

S7985 (ACTIVE) - Summary

S7985 (ACTIVE) - Sponsor Memo

S7985 (ACTIVE) - Bill Text download pdf

Comments