PRINTER'S NO. 3141
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2614
Session of
2022
INTRODUCED BY DOWLING, BROOKS, SCHLOSSBERG, BERNSTINE, SANCHEZ,
SHUSTERMAN, STEPHENS, INNAMORATO, HELM, LEWIS DELROSSO,
HOWARD, BRIGGS, McNEILL, HOHENSTEIN, MUSTELLO, M. MACKENZIE,
THOMAS AND NEILSON, MAY 24, 2022
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 24, 2022
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for the prohibition of
balloon releases; imposing duties on the Department of
Environmental Protection; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 33
BALLOON RELEASES PROHIBITED
Sec.
3301. Scope of chapter.
3302. Definitions.
3303. Balloon releases prohibited.
3304. Exceptions.
3305. Penalties.
3306. Departmental duties.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
§ 3301. Scope of chapter.
This chapter prohibits the intentional release of one or more
balloons in this Commonwealth.
§ 3302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Authorized authority." An enforcement unit, officer or
official of a county, municipality or other political
subdivision that has been granted the authority to enforce the
provisions of this chapter by the department.
"Balloon." A nonporous bag of tough and light material,
including latex or Mylar, which is filled or unfilled.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Mass balloon release." An event during which a person
intentionally releases or causes to be released 10 or more
balloons into the atmosphere.
"Person." The term includes:
(1) An individual who is over 13 years of age.
(2) A corporation, partnership, association, nonprofit
entity and the Commonwealth or a political subdivision of the
Commonwealth.
"Radio tracking device." An instrument that emits a signal
that allows the operator to determine the position of a released
balloon.
§ 3303. Balloon releases prohibited.
A person may not do any of the following:
(1) Knowingly and intentionally release or cause to be
released a balloon into the atmosphere.
20220HB2614PN3141 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) Organize or participate in a mass balloon release.
§ 3304. Exceptions.
This chapter does not apply to any of the following:
(1) A balloon released for scientific or meteorological
purposes in accordance with the following:
(i) Released by or on behalf of the Federal or State
Government.
(ii) Released in accordance with a contract with the
Federal or State Government.
(iii) Released by an institution of higher education
conducting research.
(2) A balloon that meets all of the following criteria:
(i) Is attached to a radio tracking device.
(ii) Is released by a person who holds an amateur
operator license issued by the Federal Communication
Commission.
(3) A hot air balloon that is recovered after launch.
(4) The negligent or unintentional release of a balloon.
§ 3305. Penalties.
(a) Violations.--A person who violates the provisions of
this chapter shall:
(1) For a violation of section 3303(1) (relating to
balloon releases prohibited), be subject to the following:
(i) For an individual, the penalty shall be to
perform six hours of community service, or watch an
educational video on the environmental damage caused by
human pollution, or both.
(ii) For an entity, the penalty shall be a civil
penalty of up to $100.
(2) For a violation of section 3303(2), be subject to a
20220HB2614PN3141 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
civil penalty of up to $100 for each violation.
(b) Number of violations.--Each act of releasing or
organizing the release of a balloon or group of balloons shall
be a separate offense.
§ 3306. Departmental duties.
(a) Enforcement.--The department shall enforce the
provisions of this chapter and may delegate the authority
granted under this chapter to an authorized entity. An
authorized entity shall report each violation to the department.
(b) Educational video.--The department shall select, procure
or develop an educational video in accordance with section
3305(a)(1)(i) (relating to penalties). This video may not exceed
one hour in duration.
Section 2. This act shall take effect in 60 days.
20220HB2614PN3141 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14