Bill Text: NJ A4876 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits release of balloons into the atmosphere, and organizing, or participating in, mass balloon releases with certain exceptions; establishes penalties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-11-21 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4876 Detail]
Download: New_Jersey-2022-A4876-Introduced.html
Sponsored by:
Assemblywoman BETHANNE MCCARTHY PATRICK
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Assemblyman Rumpf
SYNOPSIS
Prohibits release of balloons into the atmosphere, and organizing, or participating in, mass balloon releases with certain exceptions; establishes penalties.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the release of balloons into the atmosphere and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Balloon" means a nonporous bag made of a light and tough material, including, but not limited to, latex or Mylar, whether inflated or not inflated.
"Mass balloon release" means an event during which a person intentionally releases, or causes to be released, 10 or more balloons into the atmosphere.
"Non-public entity" means any entity other than an individual person or a public entity, and includes any association, business, club, company, corporation, group, nonprofit entity, organization, or partnership.
"Person" means an individual 18 years of age or older.
"Public entity" means the State, a county, municipality, other political subdivision of the State, or any agency or department thereof.
"Radio tracking device" means an instrument that emits a signal that allows the operator of the device to determine the location or position of a released balloon.
2. a. No person, non-public entity, or public entity shall knowingly:
(1) release, or cause to be released, a balloon into the atmosphere; or
(2) organize, or participate in, a mass balloon release.
b. The release of a balloon shall not be a violation of subsection a. of this section if the balloon is:
(1) negligently or unintentionally released;
(2) a hot air balloon that is recovered after launching;
(3) released for scientific or meteorological purposes (a) on behalf of the federal or State government, (b) pursuant to, and in accordance with, a contract with the federal or State government, or (c) on behalf of an institution of higher education conducting research; or
(4) attached to a radio tracking device and released by a person who holds an amateur operator license, issued by the Federal Communication Commission, that authorizes the person to operate the radio tracking device attached to a balloon.
b. The Department of Environmental Protection shall make available an educational video, not to exceed one hour in duration, that documents and presents the environmental damage caused by human pollution, including the environmental damage from balloons that have been released into the atmosphere.
c. (1) A person who violates paragraph (1) of subsection a. of this section shall be liable to a civil penalty of up to $100 for each offense.
(2) A person or non-public entity who violates paragraph (2) of subsection a. of this section shall be subject to a civil penalty of up to $100 for each offense.
(3) In addition to the civil penalties that may be imposed for a violation of this act, a court shall require a person found to have violated this act to perform six hours of community service or view the educational video made available by the Department of Environmental Protection pursuant to subsection b. of this section, or both.
d. Each act of releasing a balloon or causing a balloon to be released, into the atmosphere, or organizing or participating in a mass balloon release, shall constitute a separate violation.
e. The Department of Environmental Protection, a municipality, or a public entity certified pursuant to the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.), shall have the authority to enforce the provisions of this act.
f. A civil penalty imposed pursuant to subsection c. of this section may be collected, with costs, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have the jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section.
3. This act shall take effect on the 60th day following the date of enactment.
STATEMENT
This bill prohibits, with certain exceptions, any person, non-public entity, or public entity from knowingly releasing, or causing to be released, a balloon into the atmosphere, or organizing, or participating in, a mass balloon release.
The bill specifies the release of a balloon would not be a violation of the act if the balloon is:
1) negligently or unintentionally released;
2) a hot air balloon that is recovered after launching;
3) released for scientific or meteorological purposes, on behalf of the federal or State government, pursuant to, and in accordance with, a contract with the federal or State government, or on behalf of an institution of higher education conducting research; or
4) attached to a radio tracking device and released by a person who holds an amateur operator license, issued by the Federal Communication Commission, that authorizes the person to operate the radio tracking device attached to a balloon.
The term "person" is defined in the bill as an individual who is 18 years of age or older. "Non-public entity" is defined in the bill as any entity other than an individual person or a public entity, and includes any association, business, club, company, corporation, group, nonprofit entity, organization, or partnership. "Public entity" is defined as the State, a county, municipality, other political subdivision of the State, or any agency or department thereof. "Mass balloon release" is defined as an event during which a person intentionally releases, or causes to be released, 10 or more balloons into the atmosphere.
Under the bill, a person 18 years of age or older who releases, or causes the release of, a balloon into the atmosphere would be subject to six hours of court-imposed community service, a viewing of an educational video about the environmental damage caused by human pollution, or both, and a civil penalty of up to $100. A person 18 years of age or older and a non-public entity that organizes or participates in a mass balloon release would be subject to a penalty of up to $100 for each offense. Each action would constitute a separate offense, and the bill authorizes the civil penalties to be collected, with costs, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999."
Finally, the bill authorizes the Department of Environmental Protection, a municipality, or a public entity certified pursuant to the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.), to have the authority to enforce the provisions of the bill upon enactment into law.
