AB 847: Electrically conductive balloons.

Existing law requires a person who manufactures a balloon in this state that is constructed of electrically conductive material to permanently mark each balloon with, among other things, a statement warning consumers about the dangerous risk of fire if the balloon comes in contact with an electrical power line. Existing law also imposes specified requirements on a person who sells or distributes a balloon constructed of electrically conductive material that is filled with lighter-than-air gas, including prohibiting the person from attaching the balloon to an electrically conductive object.

This bill would require a person, as defined, who manufactures a foil balloon to permanently mark the balloon with additional specified information, including the dangers of releasing foil balloons that may come into contact with overhead power lines and that the balloon is in compliance with the provisions of this bill, as specified. The bill would define a foil balloon to mean a balloon that is constructed of electrically conductive material.

This bill would require a person who sells, offers for sale, or manufactures for sale any foil balloon to ensure that those foil balloons are manufactured to meet certain requirements, including passing a standard test that is approved by the Institute of Electrical and Electronics Engineers. The bill would require foil balloons to become compliant with that requirement pursuant to a prescribed phase-in period. The bill, following completion of the phase-in period, would prohibit a person from selling, offering for sale, or manufacturing for sale, a foil balloon, unless the balloon complies with these provisions. The bill would toll specified dates and time periods when a serious development, manufacturing, production, or supply chain issue, or force majeure, occurs.

This bill would define various terms for these purposes.

This bill would make a person who violates, or who attempts to violate, these provisions subject to liability for injunction and a civil penalty of $50 per noncompliant balloon, not to exceed $2,500 per day for a totality of violations. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General or local officials, as specified. The bill would require the civil penalties to be collected and retained by the office that brought the action.