A5553

An Act concerning certain planned releases of balloons and other floating devices and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that: the outdoor release of balloons and other floating devices present unnecessary risks to the environment by endangering wildlife and marine animals; many animals are attracted to the bright colors of balloons and other floating devices and mistake them for food, or become entangled in balloon strings, which can cause severe injury or death; the issue of marine balloon litter is well-documented and is a growing problem in waterways worldwide; and a 2016 study in Marine Policy, a leading ocean policy journal, ranked balloons as number three of the 20 deadliest trash items in the ocean.

The Legislature further finds and declares that: volunteers cleaning New Jersey’s beaches and shorelines on just 40 days during the 20-year period (1999-2019) of Clean Ocean Action’s biannual Beach Sweeps collected over 70,000 balloons; a number of municipalities in the State several municipalities have adopted ordinances which prohibit the intentional release of balloons inflated with lighter-than-air gases; and that a Statewide ban on the release of balloons and other floating devices is the most effective means of achieving a significant reduction in the debris from balloons and other floating devices, and the environmental harm the debris causes.

2. a. (1) No person or entity shall organize or conduct a planned release of a balloon or other floating device outdoors, except for:

(a) a balloon released for scientific or meteorological purposes, on behalf of a government agency or pursuant to a government contract; or

(b) a hot air balloon that is recovered after launching.

(2) A person or entity who violates the provisions of this subsection shall be subject to the provisions of subsections a. and b. of section 8 of P.L.1985, c.533 (C.13:1E-99.3).

b. (1) A retailer of a balloon or other floating device shall display and maintain a conspicuous sign at the point of display and the point of sale notifying a potential purchaser that the outdoor release of balloons and other floating devices is considered a form of littering and is prohibited and subject to penalties pursuant to this section.

(2) A retailer who violates the provisions of subsection b. of this section shall be subject to a civil penalty of $500 for each offense.

c. The Department of Environmental Protection, Department of Health, the Division of Consumer Affairs in the Department of Law and Public Safety, or an 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 section. A penalty imposed pursuant to this subsection 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.

d. This section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance enacted prior to the effective date of this act concerning the intentional release of balloons or other floating devices outdoors.

e. As used in this section:

“Balloon or other floating device” means an inflated balloon, sky lantern, aerial luminary lantern, or any other device capable of floating in air.

“Entity” means an association, firm, corporation, partnership, group, or any other private entity, or a municipality, county, or other government entity.

“Planned release” means the intentional release outdoors of a balloon or other floating device.

3. This act shall take effect on the 90th day after the date of enactment.

STATEMENT

This bill would prohibit a person or entity from organizing or conducting a planned release of a balloon or other floating device outdoors.

The bill defines “planned release” as the intentional release outdoors of a balloon or other floating device. The prohibition in the bill would not apply to: (1) a balloon to be released for scientific or meteorological purposes, on behalf of a government agency or pursuant to a government contract; or (2) a hot air balloon that is recovered after launching.

A person or entity who violates the prohibition established in the bill would be subject to the same monetary penalties and community service requirements imposed for littering upon public or private property pursuant to subsections a. and b. of section 8 of P.L.1985, c.533 (C.13:1E-99.3). Under current law, a person who litters is guilty of a petty disorderly persons offense, and subject to a fine of not less than $100 or more than $500. In addition to the monetary penalty, the court may direct a person to perform community service, including litter pickup and removal, for a term of not less than 20 hours nor more than 40 hours.

In addition, the bill would require retailers of balloons or other floating devices to display and maintain a conspicuous sign at the point of display and the point of sale notifying a potential purchaser of the prohibition and penalty established by the bill. A retailer who does not comply with this requirement would be subject to a civil penalty of $500 for each offense.

Lastly, the bill would supersede and preempt any municipal or county rule, regulation, code, or ordinance enacted prior to the effective date of the bill concerning the intentional release of balloons or other floating devices outdoors. The provisions of the bill would take effect 90 days after the bill is enacted into law.