06 • 27 • 2021

Maine: Balloons Blow!

The Maine Chapter worked with our Northeast Regional Manager and allies to support the passage of a bill that would ban the intentional release of balloons in Maine!

JUNE 27TH UPDATE

LD1023 has become law without the Governor's signature.

This means that people who intentionally release balloons into the environment in Maine can be punished for littering, according to the following amendments made before the bill became chaptered law:

➡︎Disposal of 15 pounds or less or 27 cubic feet or less of litter; intentional release of 16 to 24 balloons: civil violation for which a fine of not less than $100 and not more than $500 may be adjudged

➡︎Disposal of more than 15 pounds or more than 27 cubic feet of litter; intentional release of more than 24 balloons: civil violation for which the court:

A. Shall impose a fine of not less than $500;

B. Shall require the person to pay a party sustaining damages arising out of a violation of this subsection treble the actual damages or $200, whichever amount is greater, plus the injured party's court costs and attorney's fees if action results in a civil proceeding;

C. Shall require the person to perform not less than 100 hours of public service relating to the removal of litter or to the restoration of an area polluted by litter disposed of in violation of this section. The court shall consult with the Commissioner of Inland Fisheries and Wildlife to determine if there is an opportunity for public service that may improve landowner and sportsman relations;

D. When practical, shall require the person to remove the litter dumped in violation of this subsection;

E. May suspend the person's motor vehicle operator's license for a period of not less than 30 days or more than one year, except as provided in paragraph

F. Notwithstanding paragraph F, the court shall suspend all licenses and permits issued under Title 12, Part 13, subpart 4 and recreational vehicle registrations and certificates issued to that person under Title 12, Part 13, subpart 6 for a period of not less than 30 days or more than one year; and F. May suspend any license, permit, registration or certification issued by a state agency or municipality to the person. A professional license, permit, registration or certification required for that person to operate or establish a business or necessary for the person's primary source of employment may not be suspended unless the items dumped were related to the person's profession or occupation.

➡︎Disposal of more than 500 pounds or more than 100 cubic feet of litter for a commercial purpose. A person who disposes of more than 500 pounds or more than 100 cubic feet of litter for a commercial purpose is subject to the penalties under Title 38, section 349

JUNE 15TH UPDATE

The House passed LD1023 as amended on June 10, 2021, and the Senate followed suit on June 15, 2021!

The Committee amendment clarifies that intentionally littering balloons into the environment is littering and punishable under the law as such.

Stay tuned for notification on actions by Governor Mills!

APRIL 14, 2021 UPDATE

On April 14, the Committee entertained a work session where both balloon bills were discussed. A decision was made to reconcile the drafts under LD1023 and then vote on LD1023 (LD618 is now absorbed into LD1023 and dead).

A divided report, largely along party lines, is anticipated before the bill is discharged out of Committee to head to the floor for votes by the full State House and Senate.

RECENT UPDATES

A combined public hearing was held on March 29, 2021, for the 2 balloon release bills.

The work session was scheduled for 10AM on April 14th.

Review testimony submitted on LD618 and LD1023 here!

YOU CAN HELP!

Write to your Maine State House and Senate electeds to ask for their support of the bill to clarify that releasing balloons into the environment is in fact littering! Let them know that the Environment and Natural Resources Committee is deliberating two bills, LD618 and LD1023, and will be scheduling a work session soon. Voice that you would LOVE their support on the final bill when it comes to the floor for a vote!

OTHER UPDATES

Intentional balloon release bills have been tried at the state level in Maine for years, but we are optimistic that the 2021 legislation will prevail to help protect our ocean, waves, and beaches and all the critters who rely upon them from the pollution caused by outdoor balloon releases!

LD618 proposes a bill that is identical to the draft that passed favorably out of the Environment and Natural Resources (ENR) Committee in the past, and LD1023 is a new bill seeking the same ends—making it unlawful to intentionally release or abandon balloons outside in Maine.

Per LD618; we appreciate that this bill is presented in the form that it passed out of the Environment and Natural Resources Committee in the last session where similar legislation was considered.

The definition of ‘balloon’ presented in LD1023 would be good to add to a combined draft, and we suggest that if the language in this bill’s Section Sec. 3. 17 MRSA §2263-A, sub-§1(1), Prohibited Acts is carried over into a combined draft, that the additive framing of “release” be modified to “intentionally release or abandon” to clarify the intents of the legislation.

Both bills will came to public hearing on Monday, March 29, at 10AM.

To submit written testimony or register to speak during the online/remote hearing on 3/29/21, visit the Legislature's website, and follow these steps:

1. Select the option for “public hearing” by clicking in the bubble

2. In the drop-down menu for “Choose a committee,” select Environment and Natural Resources

3. In the drop-down menu for “Choose a date,” select “Mar 29 2021 10:00AM”

4. Here, you can either select LD618 or LD1023 and will need to resubmit the form for the other bill in order for your testimony to be public record for both bills.

5. If you want to speak during the hearing, click the bubble next to “I would like to present my testimony live”

6. Under “Please select your position on the proposed legislation:”, select “I am for the proposed legislation” if you support the bills.

7. If you have written testimony, select the button after “Select File:” that reads “Choose File” and upload your PDF; alternatively, you can copy and paste your written testimony into the box provided under “... and/or enter testimony below:” We'd love it if you'd reference that you are a Surfrider Foundation Maine Chapter member in your written testimony!

8. Complete the boxes with your information, including your municipality of residence.

9. If you are not a robot, select the box to confirm that you are not a robot 😉

10. Click the button to Submit/Register, and you're all set! You should receive an automated confirmation of receipt at the email you provided, and, if you clicked the box to present your testimony live, you will also receive information about how to join from your internet-connected device using the Zoom app.

If Zoom causes you heartburn, you are not alone! The good news is that our Northeast Justice, Equity, Diversity, and Inclusion Committee is working on a presentation to help orient people to Zoom basics in an effort to help public processes like hearings be more accessible. Give a shout if YOU are interested in learning more about that workshop: mgates@surfrider.org.

11. Don't forget to click the link for” Would you like to make another submission?” to resubmit your written testimony for the other balloon bill if you'd like to do that. Both bills will be heard at the same time (so if you speak to both bills, you will do so when called by the chair to speak) but for technical reasons, written testimony, even if it is the exact same and combined for both balloon bills, will need to be submitted individually under each bill's LD # to be part of the public record for that bill.

THANK YOU!

HISTORIC ACCOUNT FROM 2019

LD937 Summary:

This bill amends the State's litter law to provide that a person who releases or abandons a balloon outdoors is subject to penalties under that law regarding the waste materials resulting from that release or abandonment. It also requires a seller of balloons to register with the Department of Environmental Protection and to display in a conspicuous place at each purchase counter warning information developed by the department concerning the risks to the environment and to wildlife posed by waste materials resulting from the outdoor release of balloons; the choking and suffocation risks to children posed by the unsupervised use of balloons; the risks to individuals with latex allergies posed by exposure to balloons made wholly or partly from latex; and the penalties for littering resulting from the outdoor release of balloons that may be imposed by the State's litter laws.

The intent of this legislation is to prevent the release into the environment of balloons that pose a danger and a nuisance to the environment, particularly to wildlife and marine animals, and that cause hardship for the municipalities that must clean up the debris from balloons.

The public hearing was held on Wednesday, March 27, 2019 at 1:00 PM, Cross Office Building, Room 216 (111 Sewall Street, Augusta, Maine).

The regular suspects- folks who profit off from polluting our environment with mass balloon releases, represented by the Balloon Council- came out in opposition and were met by a mass outpouring of support for this bill to pass, including by Will Jones, the Kennebunk high school senior who asked his House Representative to introduce this bill. Check out our testimony, here.

A work session was set for April 3, 2019, at 1:30PM, where a divided vote resulted. The work session was reconsidered on April 4, 2019, but still resulted in a divided report of ought to pass as amended in the majority, which was finally reported out on April 25, 2019.

On April 30, 2019, the House voted favorably and largely along party lines, 87-yes 49-no, 13-absent and 1-excused (see how YOUR House Rep voted here, and consider emailing a thank you or note of concern! Contact info here).

The bill then moved to the Senate for a vote, where unexpectedly when it was called to the floor on May 2, 2019, enough Senators with normally very good environmental voting scores voted AGAINST its passage.

Voting down a good bill that would have taught kids that it's NOT okay to intentionally litter is not okay. This bill was cut and dry, clear in intent and articulation, and ready to protect Maine from this needless pollution - assertions to the contrary are unfounded and all reports indicate that both the Senate Chairs of our Environment and Natural Resources and Marine Resources Committees spoke extensively in support of adopting the majority report approved by the House.

Unfortunately, when the bill was again called to the floor, Senator LIBBY of Androscoggin moved to insist the Senate accept the minority report crafted strictly along party lines in the Environment Committee by Republicans, not to adopt this bill into law. This killed the bill.

WE HOPE YOU WILL COMMUNICATE YOUR DISCONTENT!

Consider also sending a note of THANKS to the Senators who voted the RIGHT way for kids + the environment (see how senators voted here; contact info here).

THANKS!

Please contact your state Senator to let them know you supported LD937, and were very sad to see the attacks against it in the Senate! Let your State Senator know you hope they will vote favorably on this bill when it comes back to the Senate in a future session, which it most certainly will (likely in January 2021). Find contact info here.

In the meantime, you can learn more about the serious threats presented to marine critters and the ocean by balloons by checking out this coastal blog.

Please give us a shout for talking points and/or to get more involved in our work in Maine.

You can also volunteer with our chapter and join/renew your Surfrider membership to BEST support our work in Maine.