Amendment ID: S3050-77

Amendment 77

Balloon release

Mr. Lewis and Ms. Comerford move that the proposed new draft be amended by inserting the following section:-

“SECTION X. Section 3 of chapter 21P of the General Laws, as appearing in section 12, is hereby amended by inserting the following section:-

Section 9. (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. Each intentional release, or organization of an intentional release, shall constitute a separate violation.

(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.

(d) Retail distributors of balloons of any type shall: (i) post the notice described in subparagraph (c) 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.