The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3851
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- 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.  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03859-01-3
 A. 3851                             2

 
 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 on the first of January next  succeed-
 ing the date on which it shall have become a law.