Existing law makes it a crime to release, 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.

This bill would require that the balloon be released willfully, and would delete the requirement that the balloon be released as part of a public or civic event, promotional activity, or product advertisement in order to violate the law. By changing the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law makes it a crime to release, 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.

This bill would require that the balloon be released willfully, and would delete the requirement that the balloon be released as part of a public or civic event, promotional activity, or product advertisement in order to violate the law. By changing the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law makes it a crime to release, 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.

This bill would delete the requirement that the balloon be released as part of a public or civic event, promotional activity, or product advertisement in order to violate the law. By changing the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

GOVERNOR'S VETO

GV Bill Id:AB 1091

Author:(Quirk)

As Enrolled Ver:July 14, 2017

2/3 vote

Original Committee Reference: PUB. S.

SUMMARY: Makes it a crime to willfully release, outdoors, balloons made of electrically conductive material, regardless of whether the outdoor release is part of a public or civic event, promotional activity, or product advertisement.

EXISTING LAW:

1. Prohibits the sale or distribution of any balloon that is constructed of electrically conductive material, and filled with a gas lighter than air without:
   1. Affixing an object of sufficient weight to the balloon or its appurtenance to counter the lift capability of the balloon;
   2. Affixing a statement on the balloon, or ensuring that a statement is affixed, that warns the consumer about the risk if the balloon comes in contact with electrical power lines; and,
   3. A printed identification of the manufacturer of the balloon.
2. Prohibits the sale or distribution of 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 the sale or distribution of 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 any person or group from releasing balloons made of electrically conductive material and filled with a gas lighter than air, outdoors as part of a public or civic event, promotional activity, or product advertisement.
5. Punishes a violation of the above prohibited conduct as an infraction with a fine of not more than $100, unless the person has twice been convicted of any of the above. A third or subsequent conviction is a misdemeanor.
6. States that this prohibition does not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: According to the author, "As each of us who has experienced power outages knows, loss of electricity means a halt and disruption to almost every kind of activity we engage in every day. Business operations and manufacturing can be halted, traffic signals and street lights can stop working, lights and computers at home can turn off and can even be damaged. Metallic balloons can cause power outages and cause a significant portion of preventable power outages. These shiny metallic balloons are made of electrically conductive material, and can cause significant damage to power lines and equipment when they come into close proximity to power lines and cause an electric arc. Costs to repair damaged equipment from just a single metallic balloon number in the thousands of dollars. And the loss of power due to metallic balloons represents a significant cost to California's economy on the order of tens of millions of dollars.

"Current law only prohibits the release of metallic balloons as part of a 'public or civic event, promotional activity, or product advertisement.' AB 1091 clarifies that the release of metallic balloons is completely prohibited. Metallic balloons have an outsized impact on our electrical grid, and are a product which must be used responsibly."

GOVERNOR'S VETO MESSAGE:

I am returning Assembly Bill 1091 without my signature.

This bill makes it a crime for anyone to willfully release balloons made of electrically conductive material outdoors.

I do not believe that expanded criminal liability is the best solution to the problem of electrically conductive balloons interfering with power lines. As I have said before, our Penal Code is already far too complex and unnecessarily proscriptive. Criminal penalties are not the solution to every problem.

Analysis Prepared by: Cheryl Anderson / PUB. S. / (916) 319-3744 FN: 0001308

 CONSENT  

Bill No: AB 1091

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/20/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 5/11/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill expands the definition of a crime by specifying the release of an electrically conductive balloon, filled with a gas that is lighter than air, must be willful; and deleting the requirement that the release of the specified balloon be committed at specified events to trigger the criminal offense.

ANALYSIS:

Existing law:

1. Provides a wide variety of miscellaneous crimes that including the following, among others:
   1. Sale of mining machinery, failure to give buyer bill of sale or to keep record. (Pen. Code § 653d)
   2. Leaving scene of ski accident. (Pen. Code § 653i)
   3. Telephone calls or contact by electronic communication device with intent to annoy. (Pen. Code § 653m)
   4. Importation of dead body, parts, or products of specified species. (Pen. Code § 653o)
   5. Operation of recording device in a motion picture theater. (Pen. Code § 653z)
2. States that a person shall not sell or distribute any balloon that is constructed of electrically conductive material, and filled without achieving the following:
   1. Tethering the balloon to a sufficient weight to the balloon to counter the lift capability of the balloon.
   2. Affixing a statement on the balloon, or ensuring that a statement is so affixed, that warns the consumer about the risk if the balloon comes in contact with electrical power lines.
   3. A printed identification of the manufacture of the balloon. (Pen. Code § 653.1, subd. (a).)
3. Prohibits the selling or distribution of any balloon that is filled with a gas lighter than air that is attached to an electrically conductive string, tether, streams, or other electrically conductive attachments. (Pen. Code § 653.1, subd. (b).)
4. Prohibits a person or a group from releasing, in the 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. (Pen. Code § 653.1, subd. (d).)
5. Requires that a person who violates subdivision (a), (b), (c), or (d) of this section is guilty of an infraction punishable by a fine not exceeding $100. Further, any person violates subdivision (a), (b), (c), or (d) of this section who has been previously convicted twice of violating subdivision (a), (b), (c), or (d) of this section is guilty of a misdemeanor. (Pen. Code § 653.1, subd. (e).)
6. Provides an exception from this statute for manned hat air balloons, or to balloons used in governmental or scientific research projects. (Pen. Code § 653.1, subd. (f).)

This bill:

1. Requires that the action of releasing an electrically conductive balloon that is filled with gas lighter than air to be willful in order for that action constitute a criminal offense.
2. Deletes the requirement that the criminal offense of releasing an electrically conductive balloon that is filled with gas lighter than air take place as part of a public or civic event, promotional activity, or product advertisement.
3. Provides that the willful release of an electrically conductive balloon that is filled with a gas lighter than air, in any area of the outdoors, constitutes a criminal offense.

Background

According to the author:

Popular balloons made of metallic material, commonly known as Mylar balloons, pose a significant hazard to power lines. Since the metallic material conducts electricity, when the balloon comes into contact with power lines or in close proximity, it can cause an electric arc across two power lines that release a lot of energy which if prolonged, can melt the conducting wire, damage power lines, and other equipment. Electrical protection systems are designed to detect the release of energy, and stop it by opening switches (i.e. circuit breakers, fuses, recloses). “Down-stream” customers from the switch will experience power outages. If the switch does not open fast enough, equipment damage, such as wire-down incidences, can occur and will prolong the power outage.

The power outages disrupt all sorts of activities, including traffic signals, lights, business and personal activity. Wire-down incidences are a significant public safety risk because people can come into contact with high voltage power.

While power outages are caused by a variety of reasons, metallic balloons often represent a significant portion of power outages that can be reduced. Other common causes of power outages include weather, fallen tree limbs, auto accidents into power poles, malfunctioning equipment, birds and rodents.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/10/17)

California Fire Chiefs Association

California Municipal Utilities Association

California State Association of Electrical Workers

Coalition of California Utility Employees

Fire Districts Association of California

Southern California Edison

The Balloon Council

OPPOSITION: (Verified 7/10/17)

None received

ARGUMENT IN SUPPORT: According to the California Municipal Utilities Association:

Metallic balloons conduct electricity, and although current law requires these balloons be sold attached to a weighted tether, each year, thousands of power outages in California are directly attributable to drifting metallic balloons colliding with a power line, and resulting in power outages that can affect thousands of electric utility customers, resulting in an outage that can last for many hours, disrupting the lives of Californians at home as well as bringing businesses to a halt.

In 2015, the state’s five largest electric utilities experienced over 1,800 power outages caused by electrically conductive balloons. Since 2013, metallic balloons were identified as the cause of two wildfires and one brush fire, burning a total of 11,500 acres.

According to Southern California Edison:

When Mylar balloons are released into the air, they will often come into contact with high voltage power lines that result in power surges, outages, and damage to equipment due to their metallic composition, which is a conductor for electricity. Between 2011 and 2016, there has been more than 4,500 Mylar balloon related power outages within Southern California Edison’s service territory. In 2016 alone, there were 942 outages, an average of more than 2.5 outages per day, which resulted in 2,502 total hours of lost power to residential and business customers.

Of the 942 Mylar balloon related outages that occurred last year, 111 resulted in a power line coming down. Downed wires create significant public safety hazards for the general public, utility workers and first-responders that my inadvertently come into contact with a live power line and cause electrocution.

ASSEMBLY FLOOR: 77-0, 5/11/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Dahle, O'Donnell, Patterson

Prepared by:

7/12/17 9:23:51

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 1091 Hearing Date: June 20, 2017

Subject: Balloons: Electrically Conductive Material

HISTORY

Source: Author

Prior Legislation: AB 2709 (Quirk) Held in Assembly Appropriations, 2016

SB 1499 (Scott) Vetoed by Governor Schwarzenegger, 2008

SB 111 (Knight) Chapter 193, Statutes of 2004

SB 1990 (Ayala) Chapter 1559, Statues of 1990

Support: The Balloon Council; California Fire Chiefs Association; California Municipal Utilities Association; California State Association of Electrical Workers; Coalition of California Utility Employees; Fire Districts Association of California; Southern California Edison

Opposition: None known

Assembly Floor Vote: 77 - 0

PURPOSE

The purpose of this bill is to expand the definition of a crime by: 1) specifying the release of an electrically conductive balloon, filled with a gas that is lighter than air, must be willful; and 2) deleting the requirement that the release of the specified balloon be committed at specified events to trigger the criminal offense.

Existing law provides a wide variety of miscellaneous crimes that including the following, among others:

• Sale of mining machinery, failure to give buyer bill of sale or to keep record (Pen. Code § 653d)
• Leaving scene of ski accident (Pen. Code § 653i)
• Telephone calls or contact by electronic communication device with intent to annoy (Pen. Code § 653m)
• Importation of dead body, parts, or products of specified species. (Pen. Code § 653o)
• Operation of recording device in a motion picture theater. (Pen. Code § 653z)

Existing law states that a person shall not sell or distribute any balloon that is constructed of electrically conductive material, and filled without achieving the following:

• Tethering the balloon to a sufficient weight to the balloon to counter the lift capability of the balloon.
• Affixing a statement on the balloon, or ensuring that a statement is so affixed, that warns the consumer about the risk if the balloon comes in contact with electrical power lines.
• A printed identification of the manufacture of the balloon. (Pen. Code § 653.1, subd. (a).)

Existing law prohibits the selling or distribution of any balloon that is filled with a gas lighter than air that is attached to an electrically conductive string, tether, streams, or other electrically conductive attachments. (Pen. Code § 653.1, subd. (b).)

Existing law prohibits the selling or distribution of 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. (Pen. Code § 653.1, subd. (c).)

Existing law prohibits a person or a group from releasing, in the 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. (Pen. Code § 653.1, subd. (d).)

Existing law requires that a person who violates subdivision (a), (b), (c), or (d) of this section is guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100). Further, any person violates subdivision (a), (b), (c), or (d) of this section who has been previously convicted twice of violating subdivision (a), (b), (c), or (d) of this section is guilty of a misdemeanor. (Pen. Code § 653.1, subd. (e).)

Existing law provides an exception from this statute for manned hat air balloons, or to balloons used in governmental or scientific research projects. (Pen. Code § 653.1, subd. (f).)

This bill requires that the action of releasing an electrically conductive balloon that is filled with gas lighter than air to be willful in order for that action constitute a criminal offense.

This bill deletes the requirement that the criminal offense of releasing an electrically conductive balloon that is filled with gas lighter than air take place as part of a public or civic event, promotional activity, or product advertisement.

This bill provides that the willful release of an electrically conductive balloon that is filled with a gas lighter than air, in any area of the outdoors, constitutes a criminal offense.

COMMENTS

1. Need for This Bill

According to the author:

Popular balloons made of metallic material, commonly known as Mylar balloons, pose a significant hazard to power lines. Since the metallic material conducts electricity, when the balloon comes into contact with power lines or in close proximity, it can cause an electric arc across two power lines that release a lot of energy which if prolonged, can melt the conducting wire, damage power lines, and other equipment. Electrical protection systems are designed to detect the release of energy, and stop it by opening switches (i.e. circuit breakers, fuses, recloses). “Down-stream” customers from the switch will experience power outages. If the switch does not open fast enough, equipment damage, such as wire-down incidences, can occur and will prolong the power outage.

The power outages disrupt all sorts of activities, including traffic signals, lights, business and personal activity. Wire-down incidences are a significant public safety risk because people can come into contact with high voltage power.

While power outages are caused by a variety of reasons, metallic balloons often represent a significant portion of power outages that can be reduced. Other common causes of power outages include weather, fallen tree limbs, auto accidents into power poles, malfunctioning equipment, birds and rodents.

Below is a table specifying the number of power outages for a given year for a sample of utilities. SCE is Southern California Edison; PG&E = Pacific Gas is Electric; SMUD is Sacramento Municipal Utilities; LADWP = L.A. Department of Water and Power, SDG&E is San Diego Gas & Electric

Conclusions from this data shows that power outages due to metallic balloons have been increasing. Even though balloons are currently required to have weights attached, the ongoing number of power outages due to metallic balloons is evidence that these requirements are not sufficient for addressing the problem. Either balloons are not being sold with weights, or are attached so poorly that these balloons continue to escape, or customers or the recipient of the balloon simply detach the weight and are careless or release the metallic balloon on purpose.

Utilities have also been releasing press releases warning customers about the hazards of metallic balloons, and these efforts continue to ineffective in addressing the problem.

2. Background

Generally, there are two common types of balloons currently in use: Mylar or latex balloons. Mylar balloons are made with Mylar nylon, a material not classified as biodegradable, and are typically coated with a metallic finish that conducts electricity. Latex balloons are biodegradable and do not typically conduct electricity.^[1]

According to Southern California Edison:

When Mylar balloons are released into the air, they will often come into contact with high voltage power lines that result in power surges, outages, and damage to equipment due to their metallic composition, which is a conductor for electricity. Between 2011and 2016, there has been more than 4,500 Mylar balloon related power outages within Southern California Edison’s service territory. In 2016 alone, there were 942 outages, an average of more than 2.5 outages per day, which resulted in 2,502 total hours of lost power to residential and business customers.

Of the 942 Mylar balloon related outages that occurred last year, 111 resulted in a power line coming down. Downed wires create significant public safety hazards for the general public, utility workers and first-responders that my inadvertently come into contact with a live power line and cause electrocution.

According to data from the Los Angeles Department of Water and Power (LADWP), the LADWP experienced 18 power outages from Mylar balloons from Monday, May 15, 2017 to Sunday, May 21, 2017. The data also demonstrated that, for this period of time, approximately 23,000 customers were affected by power outages resulting from Mylar balloons. The average length of a power outage caused by Mylar balloons, during this period of time, was roughly 2 hours.

3. What this Bill Does

Existing law specifies that the release, willful or unintentional, of an electrically conductive balloon, filled with a gas that is lighter than air, must be released at a public or civic event, promotional activity, or as product advertisement in order to constitute a criminal offense.

As stated above, this bill specifies that the release of an electrically conductive balloon, filled with a gas that is lighter, must be willful in order to constitute a criminal offense. Additionally, this bill deletes the requirement that the release of the specified balloon must be conducted at a public or civic event, promotional activity, or as product advertisement in order to constitute a criminal offense. This bill, therefore, provides that the willful release of the specified balloon, such as a Mylar balloon, in any area of the outdoors, constitutes a criminal offense, and is punishable by a fine up to $100. Further, if an individual is previously convicted twice of this offense, the repeated offense may be charged as a misdemeanor.

4. Argument in Support

According to the California Municipal Utilities Association:

Metallic balloons conduct electricity, and although current law requires these balloons be sold attached to a weighted tether, each year, thousands of power outages in California are directly attributable to drifting metallic balloons colliding with a power line, and resulting in power outages that can affect thousands of electric utility customers, resulting in an outage that can last for many hours, disrupting the lives of Californians at home as well as bringing businesses to a halt.

In 2015, the state’s five largest electric utilities experienced over 1,800 power outages caused by electrically conductive balloons. Since 2013, metallic balloons were identified as the cause of two wildfires and one brush fire, burning a total of 11,500 acres.

– END –

1. John Lindsey, “Windblown Mylar Balloons Pose Risk to Wildlife and Power Lines,” The San Luis Obispo Tribune, February 6, 2016, accessed June 6, 2017. http://www.sanluisobispo.com/news/weather/weather-watch/article58874343.html ↑

Date of Hearing: May 3, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1091

Author:(Quirk) – As Amended Ver:April 18, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill makes it a crime to willfully release outdoors, balloons made of electrically conductive material, regardless of whether the outdoor release is part of a public or civic event, promotional activity, or product advertisement.

FISCAL EFFECT:

Minor nonreimbursable local costs for enforcement.

COMMENTS:

1. Background and Purpose. There are two types of balloons in use today — Mylar and latex. Mylar balloons are made with Mylar nylon and typically coated with a metallic finish. If these balloons are not weighted and they are released, they can travel many miles and end up tangling in power lines far away from where they were released. When these electrically conductive metallic balloons come into contact with electrical lines, they often cause power outages. In February of 2016, it was reported that in an average year, PG&E will have 300 outages caused by metallic balloons, affecting nearly 165,000 homes.

Current law only prohibits the release of metallic balloons as part of a “public or civic event, promotional activity, or product advertisement.” This bill bans any willful release of Mylar balloons in an effort to reduce resultant power outages and fires.

1. Prior Legislation: AB 2709 (Quirk), of the 2015-2016 Legislative Session, would have made it a crime to sell or distribute any balloon constructed of electrically conductive material or any balloon that is attached to electrically conductive material. AB 2709 would have also made it a crime to release outdoors, balloons made of electrically conductive material, regardless of whether the outdoor release is part of a public or civic event, promotional activity, or product advertisement. AB 2709 was held on this Committee’s Suspense File.
   

SB 1499 (Scott), of the 2007-2008 Legislative Session, would have increased the fine for a violation of those provisions punished as an infraction. SB 1499 would have further specified the type of weight that had to be attached to the balloon and specified warnings that had to be provided. SB 1499 would also have prohibited shipping these types of balloons to retailers without the shipment containing a notice describing the retailer’s responsibilities. SB 1499 was vetoed by the Governor, as many other bills were due to a late Budget.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Cheryl Anderson

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1091

Author:(Quirk) – As Introduced Ver:February 17, 2017

As Proposed to be Amended in Committee

SUMMARY:

Makes it a crime to willfully release, outdoors, balloons made of electrically conductive material, regardless of whether the outdoor release is part of a public or civic event, promotional activity, or product advertisement.

EXISTING LAW:

1. Prohibits the sale or distribution of any balloon that is constructed of electrically conductive material, and filled with a gas lighter than air without:
   
   1. Affixing an object of sufficient weight to the balloon or its appurtenance to counter the lift capability of the balloon;
      
   2. Affixing a statement on the balloon, or ensuring that a statement is affixed, that warns the consumer about the risk if the balloon comes in contact with electrical power lines; and,
      
   3. A printed identification of the manufacturer of the balloon. (Penal Code § 653.1(a).)
2. Prohibits the sale or distribution of any balloon filled with a gas lighter than air that is attached to an electrically conductive string, tether, streamer, or other electrically conductive appurtenance. (Penal Code § 653.1(b).)
3. Prohibits the sale or distribution of 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. (Penal Code § 653.1(c).)
   
4. Prohibits any person or group from releasing balloons made of electrically conductive material and filled with a gas lighter than air, outdoors as part of a public or civic event, promotional activity, or product advertisement. (Pen. Code, § 653.1, subd. (d).)
   
5. Punishes a violation of the above prohibited conduct as an infraction with a fine of not more than $100, unless the person has twice been convicted of any of the above. A third or subsequent conviction is a misdemeanor. (Pen. Code, § 653.1, subd. (e).)
   
6. States that this prohibition does not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects. (Pen. Code, § 653.1, subd. (f).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author’s Statement: According to the author, “As each of us who has experienced power outages knows, loss of electricity means a halt and disruption to almost every kind of activity we engage in every day. Business operations and manufacturing can be halted, traffic signals and street lights can stop working, lights and computers at home can turn off and can even be damaged. Metallic balloons can cause power outages and cause a significant portion of preventable power outages. These shiny metallic balloons are made of electrically conductive material, and can cause significant damage to power lines and equipment when they come into close proximity to power lines and cause an electric arc. Costs to repair damaged equipment from just a single metallic balloon number in the thousands of dollars. And the loss of power due to metallic balloons represents a significant cost to California’s economy on the order of tens of millions of dollars.

“Current law only prohibits the release of metallic balloons as part of a ‘public or civic event, promotional activity, or product advertisement.’ AB 1091 clarifies that the release of metallic balloons is completely prohibited. Metallic balloons have an outsized impact on our electrical grid, and are a product which must be used responsibly.”

1. Balloons and Power Outages: There are two types of balloons in use today — Mylar and latex. Mylar balloons are made with Mylar nylon and typically coated with a metallic finish. If these balloons are not weighted and they are released, they can travel many miles and end up tangling in power lines far away from where they were released. When these electrically conductive metallic balloons come into contact with electrical lines, they often cause power outages. In February of 2016, it was reported that in an average year, PG&E will have 300 outages caused by metallic balloons, affecting nearly 165,000 homes. (http://www.sanluisobispo.com/news/weather/weather-watch/article58874343.html [as of March 30, 2017].)
   
   Mylar balloons also pose a fire hazard which can result in injuries. (<http://www.dailybreeze.com/general-news/20130625/mylar-balloon-cause-of-5-acre-vegetation-fire-in-chino-hills> [as of March 26, 2017].)
   
   Moreover, Mylar is not a biodegradable material, and these balloons end up littering wilderness preserves. Balloons blown from Las Vegas end up bursting and falling to the floor of Death Valley. Balloons blown over the ocean can end up being eaten by sea life, who mistake them for food. This clogs their intestinal track. Latex balloons, on the other hand, are biodegradable (because they are made of natural rubber). (<http://www.sanluisobispo.com/news/weather/weather-watch/article58874343.htmll> [as of March 30, 2017].)
   

This bill would ban any willful release of Mylar balloons in an effort to reduce resultant power outages and fires. Relatedly, it could also decrease the negative impact that Mylar balloons have on wildlife.

Argument in Support: According to the California Municipal Utilities Association, “Last year CMUA sponsored Assembly Bill 2709 (Quirk) that sought to prohibit metallic balloons from being sold in California, under specified conditions. AB 2709, passed this Committee on a vote of 5-2. This year, CMUA supports AB 1091, that would update the Penal Code to clarify that under no conditions is a metallic balloon allowed to be released outdoors. Metallic balloons conduct electricity, and although current law requires these balloons be sold attached to a weighted tether, each year, thousands of power outages in California are directly attributable to drifting metallic balloons colliding with a power line, and resulting in power outages that can affect thousands of electric utility customers, resulting in an outage that can last for many hours, disrupting the lives of Californians at home as well as bringing business to a halt.

“In 2015, the state’s five largest electric utilities experienced over 1,800 power outages caused by electrically conductive balloons. Since 2013, metallic balloons were identified as the cause of two wildfires and one brush fire, burning a total of 11,500 acres.”

1. Prior Legislation:
   
   1. AB 2709 (Quirk), of the 2015-2016 Legislative Session, would have made it a crime to sell or distribute any balloon constructed of electrically conductive material or any balloon that is attached to an electrically conductive material. AB 2709 would have also made it a crime to release, outdoors, balloons made of electrically conductive material, regardless of whether the outdoor release is part of a public or civic event, promotional activity, or product advertisement. AB 2709 would have exempted specified balloons from these provisions, including balloons that are not designed to be buoyant in ambient air when filled with any gas. AB 2709 was held in the Assembly Committee on Appropriations.
      
   2. SB 1499 (Scott), of the 2007-2008 Legislative Session, would have increased the fine for a violation of those provisions punished as an infraction. SB 1499 would have further specified the type of weight that must be attached to the balloon and the specifications for the required warning, and would have required that the consumer be provided a separate warning notice, as specified. SB 1499 would also have prohibited a manufacturer or distributor from sending or shipping these types of balloons to retailers without the shipment containing a notice describing the retailer’s responsibilities. SB 1499 was vetoed by the Governor.
   3. SB 1990 (Ayala) Chapter 1559, Statutes of 1990, prohibited the sale or distribution of a balloon which is either constructed of electrically conductive material or is attached to electrically conductive string, tether, streamer, or other electrically conductive appurtenance, unless a specified weight and consumer warning regarding powerlines are affixed to the balloon and the manufacturers identification printed on it.

REGISTERED SUPPORT / OPPOSITION:

Support

California Municipal Utilities Association

California State Association of Electrical Workers

Coalition of California Utility Employees

Southern California Edison

Opposition

None

Analysis Prepared by:

Cheryl Anderson / PUB. S. /