NY State Senate Bill 2023-S605A

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
May 17, 2023	print number 605a
May 17, 2023	amend and recommit to environmental conservation
Jan 05, 2023	referred to environmental conservation

Bill Amendments

Original

A (Active)

2023-S605 - Details

See Assembly Version of this Bill:: A4006
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0331, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7094
2019-2020: S2320, A4754
2021-2022: S2812, A3021

2023-S605 - Summary

Relates to prohibiting the release of certain balloons; prohibits a person from knowingly or intentionally releasing outdoors any balloons constructed of electrically conductive material filled with helium or a gas lighter than air; provides exceptions.

2023-S605 - Sponsor Memo

                                 
BILL NUMBER: S605

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE:

Prohibits the mass release of helium balloons into the environment.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill outlines the legislative findings. The release
into the atmosphere of large numbers of helium balloons poses a danger
to the environment, particularly to wildlife and marine animals, and
results in litter.

Section 2 of the bill amends the environmental conservation law by
adding two new sections. Section 11-0331 is added to prohibit any busi-
ness, firm or corporation from intentionally releasing within a twenty-

four hour period ten or more balloons inflated with helium or any other
substance which causes the balloon to rise or float in the atmosphere.
Exceptions to the prohibition include the following: (1) Balloons used
for carrying scientific instrumentation or by a person on behalf of a
governmental agency, or pursuant to a governmental contract for scien-
tific or meteorological purposes; .(2) Hot air balloons that are. recov-
ered after launching; and (3) Balloons released indoors. Section 71-0929
would provide that any violation of 11-0331 shall be punishable by a
civil penalty of five dollars for each balloon released, not to exceed
two thousand dollars.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

What goes up must come down. Releasing balloons may seem like a harmless
activity, but the litter caused by balloons has a significant impact on
the environment. The hazards posed by balloons on marine life are well
documented. The release of latex balloons into the atmosphere is a
hazard to endangered sea turtles, whales, sea birds and other marine
life. The vast majority of the balloons come down over the ocean and
because these balloons resemble food, such as jellyfish, they are
frequently eaten by marine life, which can lead to the animal choking or
the balloon becoming lodged in such a way as to prevent the animal from
absorbing nutrients, thereby causing it to starve to death. Balloons
have been found in the guts of dead sea turtles and whales in the Atlan-
tic and Gulf coasts.  Similar legislation has already been enacted in
other states.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
LEGISLATIVE HISTORY:

2022: S2812A (Kavanagh) - ENVIRONMENTAL CONSERVATION

2020: S2320 (Kavanagh) - ENVIRONMENTAL CONSERVATION

2018: S7094 (Kavanagh) - ENVIRONMENTAL CONSERVATION

2017: A1832- stricken

2016: A5791- environmental conservation

2015: A5791- codes

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of the foregoing sections of this act on their
effective date is authorized to be made on or before such effective
date.

2023-S605 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    605
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 certain balloons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative  findings.  The  legislature  finds  that  the
 release  of  large quantities of helium-filled balloons result in litter
 on land and at sea; that sea mammals and  other  marine  life  die  upon
 ingesting  deflated  balloons;  that growing public awareness concerning
 pollution has had the salutary effect of  causing  the  cancellation  of
 several celebratory and promotional launches of balloons; and that plac-
 ing  statutory  limitations  on  the  quantity  of  balloons that may be
 launched will reduce litter and protect the ocean environment, and is in
 the public interest.
   § 2. The environmental conservation law is amended by adding  two  new
 sections 11-0331 and 71-0929 to read as follows:
 § 11-0331. RELEASE OF CERTAIN BALLOONS PROHIBITED.
   1.  NO  BUSINESS,  FIRM, CORPORATION OR ASSOCIATION SHALL KNOWINGLY OR
 INTENTIONALLY RELEASE OR CAUSE TO BE  RELEASED  AT  ANY  SINGLE  OUTDOOR
 CELEBRATION, PROMOTIONAL ACTIVITY, SPORTING OR OTHER PUBLIC EVENT WITHIN
 A  TWENTY-FOUR  HOUR PERIOD MORE THAN TEN BALLOONS FILLED WITH HELIUM OR
 OTHER SUBSTANCE WHICH CAUSES THE BALLOON TO RISE OR FLOAT IN THE  ATMOS-
 PHERE. 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  TESTING
 PROCEDURE  OR BY A PERSON ON BEHALF OF A GOVERNMENTAL AGENCY OR PURSUANT
 TO A GOVERNMENTAL CONTRACT FOR SCIENTIFIC OR METEOROLOGICAL PURPOSES;
   (B) HOT AIR BALLOONS THAT ARE RECOVERED AFTER LAUNCHING;
   (C) BALLOONS RELEASED INDOORS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02407-01-3
 S. 605                              2

 
   2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, NO BUSINESS, FIRM,
 CORPORATION, OR ASSOCIATION SHALL KNOWINGLY OR INTENTIONALLY CAUSE TO BE
 RELEASED ANY BALLOONS IF SUCH BALLOONS:
   (A)  ARE  MADE FROM METALLIZED NYLON, METALLIZED PLASTIC, OR ANY FOIL-
 LIKE SUBSTANCE; OR
   (B) HAVE ANY STRINGS, RIBBONS, OR OTHER MATERIALS ATTACHED TO THEM.
 § 71-0929. ENFORCEMENT OF SECTION 11-0331 OF THIS CHAPTER.
   ANY VIOLATION OF SECTION 11-0331 OF THIS CHAPTER SHALL  BE  PUNISHABLE
 BY  A  CIVIL  PENALTY  OF FIVE DOLLARS FOR EACH BALLOON RELEASED, NOT TO
 EXCEED TWO THOUSAND DOLLARS.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.  Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of the foregoing sections of  this  act
 on  their  effective  date  are  authorized to be made on or before such
 effective date.

2023-S605A (ACTIVE) - Details

See Assembly Version of this Bill:: A4006
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0331, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7094
2019-2020: S2320, A4754
2021-2022: S2812, A3021

2023-S605A (ACTIVE) - Summary

2023-S605A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S605A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to reduce the negative environmental impact
of helium balloons by prohibiting the mass release of helium balloons
outdoors.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the environmental conservation law by
adding new section 11-0331 which prohibits the outdoor release of twen-
ty-five or more balloons constructed of electrically conductive material
and filled with helium or a gas lighter than air. This section does not
apply to balloons which are used for the purpose of carrying scientific
instrumentation for scientific or meteorological purposes or manned hot

air balloons.

Section two sets forth the effective date.

 
JUSTIFICATION:

While the release of balloons outdoors may seem like a harmless activ-
ity, the litter caused by these balloons have a significant impact on
the environment. Balloons released outdoors infiltrate ecosystems and
can pose hazards for marine life, birds, and other animals. In addition,
these balloons can also become entangled in power lines and result in
power outages. This bill, based in part on a California law, would serve
to protect the environment and wildlife by reasonably limiting outdoor
balloon release.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
LEGISLATIVE HISTORY:

Senate:

2022: S2812A (Kavanagh) - Referred to Environmental Conservation

2021: S2812A (Kavanagh) - Referred to Environmental Conservation

2020: S2320 (Kavanagh) - Referred to Environmental Conservation

2019: S2320 (Kavanagh) - Referred to Environmental Conservation

2018: S7094 (Kavanagh) - Referred to Environmental Conservation

2012: S2750A (Lavalle) - Referred to Environmental Conservation

2011: S2750A (Lavalle) - Referred to Environmental Conservation

2010: S0869  (Lavalle) - Referred to Environmental Conservation

2009: S0869  (Lavalle) - Referred to Environmental Conservation

2008: S0216  (Lavalle) - Referred to Environmental Conservation

2007: S0216  (Lavalle) - Referred to Environmental Conservation

2006: S0714  (Lavalle) - Referred to Environmental Conservation

2005: S0714  (Lavalle) - Referred to Environmental Conservation

2004: S0920 (Lavalle) - Referred to Environmental Conservation

2003: S0920 (Lavalle) - Referred to Environmental Conservation; reported
to Rules

Similar Senate Bill:

2022: S0802 (Biaggi) Referred to Environmental Conservation

2021: S0802 (Biaggi) Referred to Environmental Conservation

2020: S6777 (Biaggi) Referred to Environmental Conservation

2019: S6777 (Biaggi) - Referred to Rules

Assembly:

2022: A3021 (Englebright) - Referred to Environmental Conservation

2021: A3021 (Englebright) - Referred to Environmental Conservation

2020: A4754 (Englebright) - Referred to Environmental Conservation

2019: A4754 (Englebright) - Referred to Environmental Conservation

2017: A1832 (Kavanagh) - Referred to Environmental Conservation; enact-
ing clause stricken

2016: A05791 (Kavanagh) - Referred to Environmental Conservation

2015: A05791 (Kavanagh) - Referred to Environmental Conservation;
reported to Codes

2014: A01045 (Kavanagh) - Referred to Environmental Conservation

2013: A01045 (Kavanagh) - Referred to Environmental Conservation

2012: A02160 (Kavanagh) - Referred to Environmental Conservation;
reported to Codes, Rules

2011: A02160 (Kavanagh) - Referred to Environmental Conservation;
reported to Codes, Rules, Floor
2010: A00709 (Kavanagh) - Referred to Environmental Conservation;
reported to Codes, Rules, Floor

2009: A00709 (Kavanagh) - Passed Assembly

2008: A07630 (Kavanagh) - Passed Assembly

2007: A07630 (Kavanagh) - Passed Assembly

2007: A00449 (Grannis) - Referred to Environmental Conservation

2006: A01373 (Grannis) - Referred to Environmental Conservation

2005: A01373 (Grannis) - Referred to Environmental Conservation;
reported to Codes

2004: A01850 (Grannis) - Referred to Environmental Conservation;
reported to Codes

2003: A01850 (Grannis) - Referred to Environmental Conservation;
reported to Codes

2002: A00299 (Grannis) - Referred to Environmental Conservation;
reported to Codes

2001: A00299 (Grannis) - Referred to Environmental Conservation

2000: A01151 (Grannis) - Referred to Environmental Conservation;
reported to Codes

1999: A01151 (Grannis) - Referred to Environmental Conservation;
reported to Codes

1998: A00464 (Grannis) - Referred to Environmental Conservation

1997: A00464 (Grannis) - Referred to Environmental Conservation

1996: A00638 (Grannis) - Referred to Environmental Conservation

1995: A00638 (Grannis) - Passed Assembly

1994: A00617 (Grannis) Passed Assembly

1993: A00617 (Grannis) Passed Assembly

1992: A05278 (Grannis) Passed Assembly

1991: A05278 (Grannis) - Passed Assembly

1990: A09603 (Grannis) - Referred to Rules

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2023-S605A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  605--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- 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 certain 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 CERTAIN BALLOONS PROHIBITED.
   1. NO PERSON SHALL KNOWINGLY RELEASE  OR  INTENTIONALLY  CAUSE  TO  BE
 RELEASED  OUTDOORS  ANY  BALLOON  CONSTRUCTED OF ELECTRICALLY CONDUCTIVE
 MATERIAL AND FILLED WITH HELIUM OR A GAS LIGHTER THAN AIR.
   2. NO PERSON SHALL KNOWINGLY RELEASE  OR  INTENTIONALLY  CAUSE  TO  BE
 RELEASED OUTDOORS, WITHIN A TWENTY-FOUR HOUR PERIOD, TWENTY-FIVE OR MORE
 BALLOONS  CONSTRUCTED OF NON-ELECTRICALLY CONDUCTIVE MATERIAL AND FILLED
 WITH HELIUM OR A GAS LIGHTER THAN AIR.
   3. 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. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02407-02-3

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Senate Bill S605A

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2023-S605 - Details

2023-S605 - Summary

2023-S605 - Sponsor Memo

2023-S605 - Bill Text download pdf

2023-S605A (ACTIVE) - Details

2023-S605A (ACTIVE) - Summary

2023-S605A (ACTIVE) - Sponsor Memo

2023-S605A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S605A

Share this bill

Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2023-S605 - Details

2023-S605 - Summary

2023-S605 - Sponsor Memo

2023-S605 - Bill Text download pdf

2023-S605A (ACTIVE) - Details

2023-S605A (ACTIVE) - Summary

2023-S605A (ACTIVE) - Sponsor Memo

2023-S605A (ACTIVE) - Bill Text download pdf

Comments