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AB-847 Electrically conductive balloons.(2021-2022)

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Date Published: 05/24/2021 03:39 PM
AB847:v97#DOCUMENT

Amended  IN  Assembly  May 24, 2021
Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 847


Introduced by Assembly Member Quirk
(Coauthor: Assembly Member Lorena Gonzalez)

February 17, 2021


An act to amend and repeal Section 22942 of the Business and Professions Code, and to add Section 15477 to the Government Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


AB 847, as amended, Quirk. Electrically conductive balloons.
(1) 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 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 a gas lighter than air, including prohibiting the person from attaching the balloon to an electrically conductive object.
This bill would make these provisions inoperative on September 1, 2023. 2026.
(2) Existing law establishes the Office of Energy Infrastructure Safety to ensure that the operations of energy and communication infrastructure within the state will be managed adequately, and establishes the Office of Emergency Services in the office of the Governor which is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.
The bill would require the Office of Energy Infrastructure Safety, on or before September 1, 2024, in consultation with the Office of Emergency Services, to adopt regulations governing the sale or manufacture in the state of celebratory balloons constructed of electrically conductive material and filled with lighter than air gas. The bill would require the regulations to do certain things, including requiring that the balloons pass a standard test performed by a reputable electric testing center without causing a fault at high-voltage electric distribution levels, as provided.
This bill would require a business that sells or manufactures a celebratory balloon that is constructed of electrically conductive material to permanently mark the balloon with specified information, including the dangers of releasing balloons which may contact overhead power lines and the identity of the manufacturer. The bill would also require a business that sells or manufactures a celebratory balloon that is constructed of electrically conductive material that is filled with lighter than air gas to affix an object of sufficient weight to the balloon or its appurtenance, as provided, and prohibits the business from attaching an electrically conductive string, or other object, to the balloon.
The bill, on and after September 1, 2025 2026, would prohibit a business from selling or offering for sale, and a manufacturer from manufacturing for sale, a celebratory balloon made of electrically conductive material unless the balloon complies with these provisions.
The bill would make a business or person violating these provisions subject to a civil penalty of $50 for each violation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 22942 of the Business and Professions Code is amended to read:

22942.
 (a) A person who manufactures a balloon in this state that is constructed of electrically conductive material shall comply with both of the following:
(1) Permanently mark each balloon with a printed statement, written in a legible font size and located in a conspicuous area on the balloon, that warns the consumer about the dangerous risk of fire if the balloon comes in contact with an electrical power line.
(2) Permanently mark each balloon with the identity of the manufacturer.
(b) A person who sells or distributes a balloon constructed of electrically conductive material that is filled with a gas lighter than air shall comply with both of the following:
(1) The person shall affix an object of sufficient weight to each balloon or its appurtenance to counter the lift capability of the balloon.
(2) The person shall not attach the balloon to an electrically conductive string, tether, or streamer, to a balloon constructed of electrically conductive material, or to any other electrically conductive object.
(c) This section shall not apply to manned hot air balloons or to balloons used in governmental or scientific research projects.
(d) This section shall become inoperative on September 1, 2024, 2026, and, as of January 1, 2025, 2027, is repealed.

SEC. 2.

 Section 15477 is added to the Government Code, to read:

15477.
 (a) On or before September 1, 2024, the Office of Energy Infrastructure Safety, in consultation with the Office of Emergency Services, shall adopt regulations governing the sale or manufacture in the state of celebratory balloons constructed of electrically conductive material and filled with lighter than air gas. The regulations shall do all of the following:
(1) Require that to be sold or manufactured in the state, celebratory balloons made of electrically conductive material and filled with lighter than air gas shall pass a standard test performed by a reputable electric testing center without causing a fault at high-voltage electric distribution levels, which could cause an outage or ignition.
(2) The standard test shall be the Institute of Electrical and Electronics Engineers’ (IEEE) standard for testing celebratory balloons at electric distribution voltages without causing an electrical fault, when that standard is approved by the institute or an equivalent.
(3) Until the standard test described in paragraph (2) is approved by (IEEE) or other entity, the regulations shall use the latest draft version of the standard.
(b) A business that sells or manufactures in this state a celebratory balloon that is constructed of electrically conductive material shall comply with all of the following:
(1) Permanently mark each balloon with a printed statement, written in a legible font size and located in a conspicuous area on the balloon, that warns the consumer about the dangers of releasing balloons which may contact overhead power lines.
(2) Permanently mark each balloon with the identity of the manufacturer.
(3) Permanently mark each balloon that it complies with this section.
(c) A business that sells or distributes a celebratory balloon constructed of electrically conductive material that is filled with lighter than air gas shall comply with both of the following:
(1) The business shall affix an object of sufficient weight to each balloon or its appurtenance to counter the lift capability of the balloon.
(2) The business shall not attach the balloon to an electrically conductive string, tether, or streamer, to a balloon constructed of electrically conductive material, or to any other electrically conductive object.
(d) On and after September 1, 2025, 2026, a business shall not sell or offer for sale, and a manufacturer shall not manufacture for sale, in this state, any celebratory balloon made of electrically conductive material filled with lighter than air gas unless the balloon complies with this section.
(e) A violation of this section by a business or person shall result in a civil penalty in the amount of fifty ($50) for each violation.