(a) A person who manufactures a foil balloon in this state shall comply with all of the following:

(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) The dangers of releasing balloons that may come into contact with overhead power lines.

(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) Permanently mark each foil balloon with the identity of the manufacturer.

(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) 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) 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) 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) This section shall not apply to manned hot air balloons or to balloons used in governmental or scientific research projects.

(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) (A) The standard test shall be the IEEE 2845 standard when that standard is approved by the IEEE.

(B) The standard test shall be approved when the IEEE does all of the following:

(i) Publishes an interim standard.

(ii) Completes its trial of the interim standard.

(iii) Publishes the final approved standard, following materially substantive adjustments, if any, to the interim standard.

(2) This requirement is subject to the following phase-in period:

(A) At least 25 percent of the person’s foil balloons shall comply no later than one year from the commencement date.

(B) At least 55 percent of the person’s foil balloons shall comply no later than two years from the commencement date.

(C) At least 80 percent of the person’s foil balloons shall comply no later than three years from the commencement date.

(D) One hundred percent of the person’s foil balloons shall comply no later than four years from the commencement date.

(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) (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) The commencement date.

(B) The phase-in period outlined in paragraph (2) of subdivision (d).

(C) The prohibition against selling, offering for sale, and manufacturing for sale outlined in subdivision (e).

(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) 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) The issue is outside of the control of the business that develops, manufactures, produces, or sells foil balloons.

(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) For the purposes of this section, the following terms apply:

(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) “Foil balloon” means a balloon that is constructed of electrically conductive material.

(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) “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) “Person” means any individual, association, organization, partnership, business trust, limited liability company, corporation, or other entity.

(Amended by Stats. 2022, Ch. 401, Sec. 1. (AB 847) Effective January 1, 2023.)