BILL ANALYSIS
SB 1499
Page 1
Date of Hearing: June 24, 2008
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mike Eng, Chair
SB 1499 (Scott) - As Amended: March 24, 2008
SENATE VOTE : 22-17
SUBJECT : Metallic balloons.
SUMMARY : Prohibits the sale or distribution of metallic
balloons filled with a gas lighter than air, as specified.
Specifically, this bill :
1)Repeals existing law regarding the selling or distribution of
balloons with electrically conductive materials on January 1,
2010.
2)Prohibits a person from selling or distributing any balloon
that is constructed of electrically conductive material, and
filled with a gas lighter than air, or any balloon filled with
a gas lighter than air that is attached to an electrically
conductive string, tether, streamer, or other electrically
conductive appurtenance, effective January 1, 2010.
3)Specifies that any person who violates this provision is
guilty of an infraction punishable by a fine not to exceed
$100.
4)Specifies that a person who violates these provisions who has
been previously convicted twice of violating this law,
including these provisions in effect prior to January 1, 2010,
is guilty of a misdemeanor.
5)Exempts manned hot air balloons or balloons used in
governmental or scientific research projects from these
provisions.
EXISTING LAW :
1)Prohibits any person from selling or distributing any balloon
that is constructed of electrically conductive material, and
filled with a gas lighter than air without:
a) Affixing an object of sufficient weight to the balloon
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or its appurtenance to counter the lift capability of the
balloon;
b) Affixing a statement on the balloon warning the consumer
about the risk if the balloon comes in contact with
electrical power lines; and,
c) A printed identification of the manufacturer of the
balloon.
2)Prohibits a person from selling or distributing any balloon
filled with a gas lighter than air that is attached to an
electrically conductive string, tether, streamer, or other
electrically conductive appurtenance.
3)Prohibits a person from selling or distributing any balloon
that is constructed of electrically conductive material and
filled with a gas lighter than air and that is attached to
another balloon constructed of electrically conductive
material and filled with a gas lighter than air.
4)Prohibits a person or a group from releasing outdoors,
balloons made of electrically conductive material and filled
with a gas lighter than air, as part of a public or civic
event, promotional activity, or product advertisement.
5)Specifies that a person who violates these provisions shall be
guilty of an infraction punishable by a fine not exceeding
$100 for a first or second infraction.
6)Specifies that a person who has been previously convicted
twice of violating these provisions is guilty of a
misdemeanor.
7)Exempts manned hot air balloons or balloons used in
governmental or scientific research projects from these
provisions.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Metallic balloons are one of the leading causes of power
outages in numerous cities throughout the state. They are great
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conductors of electricity and can easily cause shorts and
groundings if they come in contact with the power lines. Mylar
balloons can cause unnecessary power outages to thousands of
homes and businesses."
Background . Existing law makes it a crime to sell or distribute
metallic balloons without a weight, warning and printed
identification of the manufacturer printed on the balloon. The
measure which enacted this provision, SB 1990 (Ayala), initially
proposed to ban the sale and distributions of these balloons, as
does this bill. However, as enacted, SB 1990 prohibited the
sale or distribution of any balloon constructed of electrically
conductive material and filled with a gas lighter than air,
without affixing a weight to counter the lift capability of the
balloon and a warning statement about the risks involved should
the balloon come in contact with electrical power lines.
SB 1990 also included a provision requiring electrical
corporations to report to the Public Utilities Commission (PUC)
the number of electrical service disruptions caused by balloons
constructed of electrically constructive material from January
1991 until June 1993, and the PUC was in turn to report to the
Legislature its findings by the end of 1993. This one-time
reporting requirement was later repealed by SB 111 (Knight,
Chapter 193, Statute of 2004).
Given the many years that have passed since the report, the PUC
was unable to confirm those findings from the 1993 report,
however stated in a letter addressed to the author that metallic
balloons do present a legitimate problem. The letter states,
"These balloons cause numerous distribution-level power outages
each year resulting in serious economic losses to those
affected. Although we do not track the specific number of
outages in a database separate from that of the utilities, there
are several hundred instances of power outages caused by these
metallic balloons each year."
Support . Southern California Edison (SCE) writes in support,
"Electrical outages caused by Mylar balloons impact both our
residential and non-residential customers. During 2007, we
experienced 478 outages due to Mylar balloons which affected
161,006 customers?.SCE supports SB 1499 as an effort to avoid
outages and avoid the unnecessary adverse economic impacts that
follow electric system outages."
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Californians Against Waste writes, "Metallic balloons are a
serious threat to California's infrastructure and they also
threaten the environment. Lighter than air balloons can easily
detach from weights and be blown by winds into the environment -
if they are not intentionally released. Once in the
environment, like most litter, balloons can be quickly
transported into the marine environment, where they persist for
hundred, perhaps thousands, of years?.Every year, over 10,000
balloons are cleaned from California's beaches during Coastal
Cleanup Day. This figure probably only represents the tiniest
fraction of the number of balloons that are actually deposited
into the oceans every year."
Opposition . The California State Floral Association states in
opposition, "The proponents of this measure allege the need for
this legislation is that power outages attributable to metallic
balloons cause economic harm to California's utilities. It is
clear that adoption of this bill will have real and immediate
economic impacts on California's neighborhood florists. The
Balloon Council estimates annual sales of helium-filled metallic
balloons of $100 million in California and another $900 million
of indirect sales, such as metallic balloons attached to flowers
and plants. In many party stores, the sales of helium-filled
metallic balloons exceed 50% of the revenue for those small
businesses."
The Teamsters writes in opposition, "We are fundamentally
opposed to adding new police responsibilities to store clerks.
They will now be subject to discipline, discharge and potential
criminal liability for an unlawful sale of a balloon. Balloons
will join spray cans, glues, laser pointers, tobacco, alcohol,
food stamps, cold medication, prescription drugs, and WIC
[Women, Infants, and Children] vouchers for which store clerks
bear the primary responsibility for enforcing laws limiting the
sale of specified products."
Previous legislation . SB 1990 (Ayala, Chapter 94, Statutes of
1990) prohibits the sale or distribution of any balloon
constructed of electrically conductive material and filled with
a gas lighter than air, without affixing a weight to counter the
lift capability of the balloon and a warning statement about the
risks involved should the balloon come in contact with
electrical power lines.
SB 111 (Knight, Chapter 193, Statutes of 2004) repealed the
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obsolete requirement of the PUC to report to the Legislature on
electrical service disruptions caused by metallic balloons by
December 31, 1993.
REGISTERED SUPPORT / OPPOSITION :
Support
Burbank Water and Power
California Coalition of Utility Employees
California Hospital Association
California Medical Association
California Municipal Utilities Association
California Professional Firefighters
Californians Against Waste
City of Azusa
City of Glendale Water & Power
International Brotherhood of Electrical Workers, Local Union #47
International Brotherhood of Electrical Workers, Local Union
#639
Los Angeles County Sheriff's Department
Mayor Marsha R. Ramos, City of Burbank
Pacific Gas and Electric Company
Providence Saint Joseph Medical Center
Roseville Electric
Sempra Energy
Southern California Edison
Southern California Public Power Authority
State Association of Electrical Workers
The Utility Reform Network
Turlock Irrigation District
Opposition
Air Faire
Antioch Florist
Balloon Council
Balloon Creations by Carolyn
Balloon Wholesalers International
Blooms & Bears Florist
California Grocers Association
California Retailers Association
California State Floral Association
California Teamsters
Continental Sales
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County Splendor Flowers & Gifts
Creative Balloons
Doli Florist
Marshall's Florist & Fine Gifts
Mattipack, LLC
Monrovia Floral
National Federation of Independent Business
Pinelli's Flowerland
Pioneer Balloon
Rust Florist
The Balloonery, Inc.
UNITE HERE!
United Food & Commercial Workers
Wood'n Goodies
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301