Bill Text: NY S07985 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-03-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S07985 Detail]

Download: New_York-2019-S07985-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7985

                    IN SENATE

                                      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:

     1    Section 1.  Legislative findings. When balloons are released into  our
     2  airspace,  balloon  debris  is  introduced  into our environment and our
     3  ecosystem.  Like other plastics, balloon debris takes hundreds of  years
     4  to degrade, resulting in the lasting and harmful pollution of our water-
     5  ways,  beaches,  and  environment.  Balloon  debris is also particularly
     6  harmful   to marine and wildlife,  commonly  causing  injury  and  death
     7  through  ingestion  and  entanglement.  In addition, balloons can pose a
     8  significant economic risk to boaters and the fishing industry by causing
     9  potentially severe damage to boats, while mylar balloons  in  particular
    10  can  also  threaten  utility  supply. It is necessary to curb the inten-
    11  tional release of balloons in order to prevent the  wasting  of  natural
    12  resources, the littering and pollution of our communities and waterways,
    13  and the unnecessary harming of marine and wildlife.
    14    §  2.    The environmental conservation law is amended by adding a new
    15  section 11-0331 to read as follows:
    16  § 11-0331. Release of certain balloons prohibited.
    17    1. No person shall knowingly release  or  intentionally  cause  to  be
    18  released  outdoors  a balloon.   For purposes of this section, "balloon"
    19  shall refer to a flexible, nonporous  bag  made  of  materials  such  as
    20  rubber,  latex,  polychloroprene  or  nylon fabric that contains helium,
    21  hydrogen, nitrous oxide, oxygen, air or water.
    22    2. This section shall not apply to:
    23    (a) balloons which are used for the  purpose  of  carrying  scientific
    24  instrumentation  during the performance of an experiment or test or by a
    25  person on behalf of a governmental agency or pursuant to a  governmental
    26  contract for scientific or meteorological purposes;
    27    (b) manned hot air balloons; or
    28    (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

     1    §  3. Section 71-0923 of the environmental conservation law is amended
     2  by adding a new subdivision 13 to read as follows:
     3    13.  A violation of section 11-0331 of this chapter is punishable by a
     4  fine not to exceed one thousand dollars,  or  imprisonment  for  fifteen
     5  days, or by both such fine and imprisonment.
     6    § 4. This act shall take effect January 1, 2021.