HOUSE DOCKET, NO. 2366        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 875

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sarah K. Peake

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to helium balloons.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2366        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 875

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4786 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act relative to helium balloons.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 1 of chapter 131 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting the following definition:

“intentional release”, an event where one or more persons knowingly releases one or more balloons of any type into the atmosphere.

SECTION 2. Said chapter 131 is hereby amended by adding the following new section:

Section 119. (a) The organization of or participation in an intentional release of any type of balloon, including but not limited to plastic, latex and mylar, filled with any type of gas lighter than air is hereby prohibited. Whoever violates any provision of this section shall be liable for a civil penalty of not less than one hundred dollars, and an additional one hundred dollars for every 10 balloons intentionally released. Each intentional release, or organization of an intentional release, shall constitute a separate violation. Subsequent violations shall be subject to liability for a civil penalty of not less than five hundred dollars for each violation, and shall be subject to liability for an additional civil penalty of one hundred dollars for every 10 balloons intentionally released. The department shall implement and enforce this section and may promulgate rules and regulations for the implementation and enforcement of this section. (b) The provisions of this section shall not apply to: (i) balloons released by or on behalf of any agency of the commonwealth or the United States for scientific or meteorological purposes, (ii) hot air balloons that are recovered after launch, or (iii) balloons released by a person under the age of 12 years. (c)The department shall prepare and make available to retail distributors (i) notice of the provisions of this section and (ii) information about the harmful effects of releasing balloons into the environment. The notice shall be available in English and in any other language spoken by at least ten percent of the Massachusetts population. The notice shall be available for download on the department’s website.

SECTION 3. Chapter 24A of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following new section:

Section 6. Retail distributors of balloons of any type shall: (i) post notice of the provisions of this act made available by the department of environmental protection on websites used for online sales transactions and in retail locations in a location that is visible to customers; and (ii) provide each customer purchasing one or more balloons, including but not limited to online transactions, with information about the harmful effects of releasing balloons into the environment. Retailers may provide customers purchasing balloons with weights and fasteners. The office of consumer affairs and business regulation shall implement and enforce this section and may promulgate regulations for such implementation and enforcement.

SECTION 4. This act shall take effect 90 days after its passage.