As of April 30, 2022
Synopsis of the Senate Bill 24 (Substitute 1, 2021) legislation, now state code:
The intent of this Act is to reduce the amount of waste that ends up in the environment and to raise awareness of the need to properly dispose of balloons. To that end, this Act imposes a civil penalty for the violation of intentionally releasing 5 or more balloons filled with air or lighter-than-air gases, to prevent litter which blights our communities and environment and causes harm to wildlife and marine animals. The release of multiple balloons at 1 time is a single offense under this Act. This Act also establishes that intentionally releasing 1 to 4 balloons at 1 time is littering.
Exceptions are provided for the following:
- A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract.
- A hot air balloon that is recovered after launching.
- A balloon that is released and remains indoors.
- A balloon that is filled with water for recreational purposes and recovered after recreation.
- A balloon that is negligently or unintentionally released.
Under this Act, the intentional release of 1 or more balloons is a civil violation, penalized as follows:
- The first violation is subject to a civil penalty of at least $25.
- A second or subsequent violation within 2 years of the first is subject to a civil penalty of $75 and up to 8 hours of community service for a second violation within 2 years of the first violation.
The mass release of balloons is penalized as follows:
- A first violation is subject to a civil penalty of at least $250 and up to 8 hours of community service.
- A second or subsequent violation within 2 years of the first is subject to a civil penalty of at least $350 and up to 25 hours of community service.
Under this Act, a retail or wholesale establishment that sells balloons must post a notice for customers that the intentional release of balloons is unlawful. All law enforcement agencies in Delaware have the authority to enforce this chapter. The Justice of the Peace Court has jurisdiction over violations of this chapter.
Delaware balloon legislation
As the statewide nonprofit group working to address and reduce the use of single use plastics through education, outreach and policy initiatives, Plastic Free Delaware worked tirelessly to develop support for this legislation, and applaud Senator Stephanie Hansen for taking the lead on introducing and shepherding SB24 through in 2021. SB24 added clarity that, even though they go up before coming back down to earth unlike other litter, releasing balloons is just another form of littering which was already considered illegal.
Senate Bill 24 arose in part from the Anti-Dumping and Anti-Littering Task Force co-chaired by Sen. Hansen and Rep. Collins and which completed its report in 2018. As part of its work, the Anti-Littering Task Force sent letters to Delaware’s local governments seeking to encourage policies to outlaw balloons in festivals and parades. Another letter was sent to members of the Delaware Association of Funeral Directors to raise awareness of the issues embodied in balloon releases at commemorative events.
As of 2021, many local governments across the U.S. and at least five other states currently had similar laws in place, including Maryland, Virginia, New Hampshire, Florida, Connecticut, and California. This newly adopted state code aims to elevate awareness of the important environmental issues related to balloon releases and serve to reduce the prevalence of balloon releases and their harmful impacts.
BALLOON RELEASE LEGISLATION
Delaware Senate Bill 24 Signed Into Law
SB24 was signed into law by Delaware Governor John Carney Today
Friday, September 17, 2021
After more than three years of advocacy, Delaware SB24 has gone into effect and Delaware joins at least seven other states including Maryland and Virginia with similar laws. Even more important than the law itself, we need YOUR help in spreading the word about the harmful effects balloons and balloons releases have on our waters and wildlife. Special thanks to Senator Stephanie Hansen, the primary sponsor of SB24, for championing this bill, and to our Delaware Plastic Pollution Coalition partners who joined us in advocating for the law including Oceana, the MERR Institute, the Delaware League of Women Voters, the students at Sussex Academy, Delaware Surfriders, Delaware Surf Fishing, Delaware Chapter of the Sierra Club, Delaware Nature Society, Delaware Ornithological Society, and the Humane Society of the United States.
The intent of this Act is to reduce the amount of litter and debris that ends up in the environment and to raise awareness on the harmful impacts balloons can have in order to reduce the release of balloons into our environment. To that end, this Act imposes a civil penalty (effective April 30, 2022) for the violation of intentionally releasing five or more balloons filled with helium or any lighter-than-air gases, to prevent litter which blights our communities and environment, and causes harm to wildlife and marine animals. The release of multiple balloons at one time is a single offense under this Act. This Act also establishes that intentionally releasing 1 to 4 balloons at one time is littering.
Balloons:
- Cause harm, and even death, to both wild and domestic animals – this includes both mylar and latex balloons, as well as their strings
- Cause power outages when the strings get wrapped around wires
- Are an unsustainable use of helium which is actually in short supply and is a product of extraction industries contributing to climate change. Once released to the atmosphere it is not retrievable. Helium needs to be reserved for more important priorities such as use in the healthcare industry.
- Are not biodegradable (neither latex nor mylar), nor is any form of “biodegradable” balloon considered an acceptable alternative solution because a) even so-called biodegradable balloons do not break down quickly and can still cause harm, b) the strings can still strangle and entangle, c) the definition of the term “biodegradable” is not regulated, and d) this proposed solution deflects from the need for actual behavioral change regarding littering our environment.
Great alternatives are readily available for use at commemorative events such as candles, blowing giant bubbles, flags, streamers, kites, drumming, organizing a charity event such as a book drive or a 5k run, or planting trees or gardens.
BALLOONS FACTS
Balloons do not go to heaven. When a balloon is let go, it blows away and can travel many miles, only to burst or deflate & return to Earth. They land in the ocean and choke sea turtles, kill dolphins and whales, and the ribbons entangle birds. Often, they end up on our beaches, farm fields, or in trees, polluting our communities and environment. We encourage the choice of truly sustainable products & being mindful of the simple choices we can make to protect the planet we all share.
BALLOONS HARM AND KILL WILDLIFE & FARM ANIMALS
They may be pretty when they float away, but everything that goes up, must come down - and when they do, animals eat them and cannot digest them.
BALLOONS ARE LITTER
An approximate average of 1,000 balloons are found each year along Delaware's coasts during just the annual three-hour Coastal Cleanup each September. They litter our beaches and hang from our trees. They blight our communities and natural environments as well as our farm fields and pastures. Stop and think: littering in all its forms is illegal.
Releasing balloons is a form of littering. As littering relates to balloons:
• After traveling many miles, they can pollute the most remote & pristine places, as well as nearer to home our own beaches, landscapes, communities and marine environments.
• Once they do, they become a danger to any animal that comes in contact with it. Birds, whales, sea turtles, & other wild animals are killed by balloons. Even domestic and farm animals, such as horses, have been hurt and killed by balloons (they eat them when they land in their pastures, become baled in their hay, or they get spooked and bolt).
• When an animal swallows a balloon, its intestinal tract can become blocked, leading to starvation. Sea turtles & other marine creatures are known to confuse balloons as jelly fish. Ribbons & string that are attached to balloons are also a cause of entanglement & death.
WE ARE RUNNING OUT OF HELIUM
Balloons can are an unsustainable use of helium which is actually in short supply and is a non-renewable product of extraction industries (oil and natural gas, fracking, refining) contributing to climate change. Once released to the atmosphere it is not retrievable. Helium needs to be reserved for more important priorities such as use in health care delivery.
BALLOONS CAUSE POWER OUTAGES
Balloons are known to have caused dangerous power outages & spark fires after getting entangled in power lines.
BIODEGRADABLE BALLOONS ARE NOT THE SOLUTION
Latex and mylar are not biodegradable, nor are any form of misleadingly marketed “biodegradable” balloons considered an acceptable alternative solution because 1) even so-called biodegradable balloons do not break down quickly and can still cause harm, 2) the strings can still strangle and entangle, 3) the definition of the term “biodegradable” is not regulated, and 4) this proposed solution deflects from the need for actual behavioral change regarding littering our environment.
GREAT ALTERNATIVES ARE AVAILABLE
Great alternatives do exist for use at commemorative events such as candles, blowing giant bubbles, flags, streamers, kites, drumming, organizing a charity event such as a book drive or a 5k run, or planting trees or gardens.
Lots more info
More info can be found at www.balloonsblow.org
YOUR ADVOCACY MAKES A DIFFERENCE!
On the balloon release bill which also went into effect on July 1, 2022, PFD's partner, the Delaware Surfrider Chapter reports early data already suggests a positive trend:
- In 2020, 1,088 balloons were collected during 56 cleanups (prior to passage of SB 24 in 2021)
- In 2021, 860 balloons were picked up during 81 cleanups
- And, in 2022, 392 were counted during 70 cleanups (SB24 only went into effect 7/1/22, but these numbers highlight its effect in building public awareness of the issue)