An Act relative to helium balloons
Prohibits intentional balloon releases and requires penalties, public education, and retailer notices to reduce environmental harm from balloons.
Prohibits intentional balloon releases and requires penalties, public education, and retailer notices to reduce environmental harm from balloons.
Purpose and overall intent
- This proposed Massachusetts bill aims to reduce environmental harm from balloon releases by prohibiting intentional releases of balloons and by increasing public awareness and retailer responsibilities.
- The measure adds a formal definition of “intentional release” and creates penalties, while requiring retailers to inform customers about environmental impacts.
Key provisions
1) Definition and prohibited conduct
- Defines “intentional release” as an event where one or more persons knowingly releases one or more balloons of any type into the atmosphere.
- Prohibits the organization or participation in any intentional release of balloons (plastic, latex, or Mylar) filled with gas lighter than air.
- Violations carry civil penalties:
- Base penalty: not less than $100, plus $100 for every 10 balloons released.
- Each intentional release or organization of a release is a separate violation.
- Subsequent violations: not less than $500 per violation, plus $100 for every 10 balloons released.
- Enforcement: The Department of Environmental Protection (MassDEP) would implement and enforce, and may issue regulations.
- Exemptions: Not apply to
- Balloons released by or on behalf of a government agency (commonwealth or U.S.) for scientific/meteorological purposes
- Hot air balloons that are recovered after launch
- Balloons released by a person under age 12
2) Public education and distribution notice
- MassDEP must prepare and provide (i) notice of the provisions and (ii) information about the environmental harms of balloon releases.
- Notices must be available in English and in languages spoken by at least 10% of the Massachusetts population and downloadable from MassDEP’s website.
3) Retail distributor requirements
- Adds a new section requiring balloon retailers to:
- Post notice of the act’s provisions on online sales platforms and in retail locations in a visible area.
- Provide each customer purchasing balloons with information about environmental harms (in-store and online transactions).
- Retailers may provide customers with weights and fasteners.
- The Office of Consumer Affairs and Business Regulation (OCABR) would implement and enforce these provisions and may promulgate regulations.
4) Effective date
- The act would take effect 90 days after passage.
Who is affected
- Individuals and organizations that release balloons intentionally.
- Retail distributors and online balloon sellers.
- State agencies (MassDEP and OCABR) responsible for enforcement and outreach.
Potential impact
- Environmental: Potential reduction in balloon litter and wildlife harm due to intentional releases.
- Compliance: Retailers would incur notice-and-education duties and potential labeling requirements; enforcement costs fall to MassDEP and OCABR.
- Public awareness: Expanded consumer information about the harms of balloon releases.
Status
- The bill is a proposed measure filed in the 2025-2026 Massachusetts General Court (HD 1558), introduced in 2025. As with any proposed legislation, its fate would depend on committee action and floor votes.
Compiled from official sources — confirm details with the bill’s official record.
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