The New York State Senate

                    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.