Chapter 31Electrically Conductive Balloons

Section § 22942

Explanation

If you're making or selling foil balloons in this state, there are specific rules you need to follow. First, each balloon should have a clear warning about the danger of releasing it near power lines or instructions for disposal. The manufacturer's name must be marked on the balloon, and they should confirm it's up to standard based on IEEE guidelines. Sellers and distributors must attach weights to the balloons to prevent them from floating away and must not use electrically conductive strings. This law doesn't apply to hot air balloons or those used in formal research. Balloons will gradually need to meet standardized testing, with full compliance within four years. Deadlines might delay if major issues occur, like supply chain problems. The official start date kicks in once standards are set or by January 1, 2027, whichever is later.

(a)CA Business and Professions Code § 22942(a) A person who manufactures a foil balloon in this state shall comply with all of the following:
(1)CA Business and Professions Code § 22942(a)(1) Permanently mark each foil balloon with a printed statement, written in a legible font size and located in a conspicuous area on the foil balloon, that warns the consumer of at least one of the following:
(A)CA Business and Professions Code § 22942(a)(1)(A) The dangers of releasing balloons that may come into contact with overhead power lines.
(B)CA Business and Professions Code § 22942(a)(1)(B) If the foil balloon is manufactured to meet the requirements described in subdivision (d), the consumer’s responsibilities when disposing of foil balloons.
(2)CA Business and Professions Code § 22942(a)(2) Permanently mark each foil balloon with the identity of the manufacturer.
(3)CA Business and Professions Code § 22942(a)(3) Permanently mark each foil balloon that it is in compliance with this section if the foil balloon is manufactured to meet the requirements described in subdivision (d). Markings prescribed under the final standard by the Institute of Electrical and Electronics Engineers (IEEE) shall be considered a suitable mark.
(b)CA Business and Professions Code § 22942(b) A person who sells or distributes a foil balloon that is filled with lighter-than-air gas in this state shall comply with both of the following:
(1)CA Business and Professions Code § 22942(b)(1) The person shall affix an object of sufficient weight to each foil balloon or its appurtenance to counter the lift capability of the foil balloon.
(2)CA Business and Professions Code § 22942(b)(2) The person shall not attach the foil 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)CA Business and Professions Code § 22942(c) This section shall not apply to manned hot air balloons or to balloons used in governmental or scientific research projects.
(d)CA Business and Professions Code § 22942(d) A person that sells, offers for sale, or manufactures for sale, in this state, any foil balloon shall ensure that those foil balloons pass a standard test, as determined by an accredited testing facility capable of high-voltage testing.
(1)Copy CA Business and Professions Code § 22942(d)(1)
(A)Copy CA Business and Professions Code § 22942(d)(1)(A) The standard test shall be the IEEE 2845 standard when that standard is approved by the IEEE.
(B)CA Business and Professions Code § 22942(d)(1)(A)(B) The standard test shall be approved when the IEEE does all of the following:
(i)CA Business and Professions Code § 22942(d)(1)(A)(B)(i) Publishes an interim standard.
(ii)CA Business and Professions Code § 22942(d)(1)(A)(B)(ii) Completes its trial of the interim standard.
(iii)CA Business and Professions Code § 22942(d)(1)(A)(B)(iii) Publishes the final approved standard, following materially substantive adjustments, if any, to the interim standard.
(2)CA Business and Professions Code § 22942(d)(2) This requirement is subject to the following phase-in period:
(A)CA Business and Professions Code § 22942(d)(2)(A) At least 25 percent of the person’s foil balloons shall comply no later than one year from the commencement date.
(B)CA Business and Professions Code § 22942(d)(2)(B) At least 55 percent of the person’s foil balloons shall comply no later than two years from the commencement date.
(C)CA Business and Professions Code § 22942(d)(2)(C) At least 80 percent of the person’s foil balloons shall comply no later than three years from the commencement date.
(D)CA Business and Professions Code § 22942(d)(2)(D) One hundred percent of the person’s foil balloons shall comply no later than four years from the commencement date.
(e)CA Business and Professions Code § 22942(e) Following the completion of the phase-in period outlined in subdivision (d) and notwithstanding any other law, a person shall not sell, offer for sale, or manufacture for sale, in this state, any foil balloon, unless the balloon complies with this section.
(f)Copy CA Business and Professions Code § 22942(f)
(1)Copy CA Business and Professions Code § 22942(f)(1) All of the following dates and time periods shall be tolled when a serious development, manufacturing, production, or supply chain issue, or force majeure, occurs:
(A)CA Business and Professions Code § 22942(f)(1)(A) The commencement date.
(B)CA Business and Professions Code § 22942(f)(1)(B) The phase-in period outlined in paragraph (2) of subdivision (d).
(C)CA Business and Professions Code § 22942(f)(1)(C) The prohibition against selling, offering for sale, and manufacturing for sale outlined in subdivision (e).
(2)CA Business and Professions Code § 22942(f)(2) Tolling shall last for a period of 24 months or until the serious development, manufacturing, production, or supply chain issue, or force majeure, is resolved, whichever occurs first.
(3)CA Business and Professions Code § 22942(f)(3) A serious development, manufacturing, production, or supply chain issue, or force majeure, shall be deemed to have occurred if both of the following are satisfied:
(A)CA Business and Professions Code § 22942(f)(3)(A) The issue is outside of the control of the business that develops, manufactures, produces, or sells foil balloons.
(B)CA Business and Professions Code § 22942(f)(3)(B) The issue makes it infeasible to develop, manufacture, produce, or sell foil balloons that otherwise would be subject to the requirement of paragraph (1) of subdivision (a).
(g)CA Business and Professions Code § 22942(g) For the purposes of this section, the following terms apply:
(1)CA Business and Professions Code § 22942(g)(1) “Commencement date” means the date on which the IEEE approves the final standard for testing foil balloons at a level of electric distribution voltages without causing an electrical fault and all of the requirements of subparagraph (B) of paragraph (1) of subdivision (d) are met, or January 1, 2027, whichever is later.
(2)CA Business and Professions Code § 22942(g)(2) “Foil balloon” means a balloon that is constructed of electrically conductive material.
(3)CA Business and Professions Code § 22942(g)(3) “Infeasible” means incapable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
(4)CA Business and Professions Code § 22942(g)(4) “Phase-in period” means the gradual phase in of the restrictions on the sale, offer for sale, and manufacture for sale, in this state, of a foil balloon following the commencement date, as set forth in subdivision (d).
(5)CA Business and Professions Code § 22942(g)(5) “Person” means any individual, association, organization, partnership, business trust, limited liability company, corporation, or other entity.
foil balloon manufacturer compliance power lines danger disposal responsibilities IEEE standards electrically conductive materials lighter-than-air gas balloon weights distribution restrictions standard testing phase-in period commencement date supply chain issues force majeure testing standards
(Amended by Stats. 2022, Ch. 401, Sec. 1. (AB 847) Effective January 1, 2023.)

Section § 22942.5

Explanation
This law section states that if someone breaks the rules about foil balloons outlined in Section 22942, they can be taken to court. If found guilty, the person might have to pay $50 for each illegal balloon, but the total daily fines shouldn't go over $2,500. The court will look at several factors like the severity of the violation and the violator’s efforts to follow the law when deciding the penalty. The action to enforce these penalties can be taken by various legal officials such as the Attorney General or city attorneys. Collected penalties go to the office that initiated the legal action.
(a)CA Business and Professions Code § 22942.5(a) A person who violates or attempts to violate Section 22942 may be enjoined in any court of competent jurisdiction.
(b)Copy CA Business and Professions Code § 22942.5(b)
(1)Copy CA Business and Professions Code § 22942.5(b)(1) A person who has violated Section 22942 is liable for a civil penalty in the amount of fifty dollars ($50) for each foil balloon that was sold, offered for sale, manufactured for sale, or distributed in violation of Section 22942. This civil penalty shall not exceed two thousand five hundred dollars ($2,500) per day for a totality of violations of Section 22942, in addition to any other penalty established by law. This civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.
(2)CA Business and Professions Code § 22942.5(b)(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:
(A)CA Business and Professions Code § 22942.5(b)(2)(A) The nature and extent of the violation.
(B)CA Business and Professions Code § 22942.5(b)(2)(B) The number and severity of the violations.
(C)CA Business and Professions Code § 22942.5(b)(2)(C) The economic effect of the penalty on the person who violated Section 22942.
(D)CA Business and Professions Code § 22942.5(b)(2)(D) The person’s annual revenue in both balloon sales and total sales.
(E)CA Business and Professions Code § 22942.5(b)(2)(E) Whether the person who violated Section 22942 took good faith measures to comply with Section 22942 and when these measures were taken.
(F)CA Business and Professions Code § 22942.5(b)(2)(F) The deterrent effect that the imposition of the penalty would have on both the person who violated Section 22942 and the regulated community as a whole.
(G)CA Business and Professions Code § 22942.5(b)(2)(G) The willfulness of the persons responsible for the violation.
(H)CA Business and Professions Code § 22942.5(b)(2)(H) Any other factors that justice may require.
(c)CA Business and Professions Code § 22942.5(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(d)CA Business and Professions Code § 22942.5(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.
foil balloons civil penalty $50 fine $2 500 daily limit court action Attorney General city attorney district attorney full-time city prosecutor violation assessment balloon sales willfulness economic impact deterrent effect good faith measures
(Added by Stats. 2022, Ch. 401, Sec. 2. (AB 847) Effective January 1, 2023.)