This bill would, as of January 1, 2010, make it a crime for any person to sell or distribute any balloon that is constructed of electrically conductive material, and filled with a gas lighter than air, or any balloon filled with a gas lighter than air that is attached to an electrically conductive string, tether, streamer, or other electrically conductive appurtenance. 

Any person who violates this crime shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100).  Any person who has been previously convicted twice of violating this crime shall be guilty of a misdemeanor.

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

Existing law prohibits the sale or distribution of a balloon that is constructed of electrically conductive material and filled with a gas lighter than air, without affixing an object of sufficient weight to the balloon to counter the lift capability, affixing a specified warning statement on the balloon, and affixing a printed identification of the balloon’s manufacturer.  

Existing law also prohibits a person from selling or distributing a balloon filled with a gas lighter than air that is attached to an electrically conductive string, tether, streamer, or other electrically conductive appurtenance, or attached to another balloon, as specified.

Existing law also prohibits a person or group from releasing outdoors balloons made of electrically conductive material and filled with a gas lighter than air at specified events.  A violation of those provisions is an infraction or a misdemeanor, as specified. 

In 1990, the California State Legislature passed SB 1990, enacting a law that regulates the sale of metallic balloons.

SB 1990 provided that when persons sell or distribute any balloon constructed of electrically conductive material, filled with a gas lighter than air, they shall:

a)      Attach an object that is heavy enough to counter that lift capability of the balloon.

b)      Include a warning statement on the electrically conductive balloon informing the consumer of the risk involved with the balloon coming in contact electrical power lines. 

c)      Include the printed identification of the manufacturer of the balloon.

The bill also required electrical corporations to report to the California Public Utilities Commission regarding service disruptions caused by these balloons. 

Metallic Balloons are one of the leading causes of power outages in numerous cities throughout the state. 

The shiny balloons are typically coated with a thin metallic coating deposited on the outer surface; hence they are often referred to as “Mylar balloons”.  

These balloons are great conductors and can easily cause shorts and groundings if they come in contact with the power lines.  Mylar balloons can cause unnecessary power outages to thousands of homes and businesses. 

Of great concern is the potential for injury to someone carrying a metallic balloon that comes in contact with a power line, or utility employees working on equipment. 

According to a 2001 report by the Electric Power Research Institute (EPRI) entitled “The Cost of Power Disturbances to Industrial and Digital Economy Companies,” California has the highest costs for both outages and the power quality phenomena—totaling between $13.2 billion and $20.4 billion annually. These costs are based on a typical year of power disturbances in California.

The report lists the 10 states with the highest total outage costs.  California has the highest costs by far, with average annual losses of $5.2 billion for the digital economy, continuous process manufacturing and fabrication, and essential services sectors. Losses across all business sectors in California are estimated at between $11.5 billion and $17.8 billion a year.

EPRI estimates the cost of outages ranges between $220,000 and $1 million dollars a minute. 

 An engineer with Burbank Water and Power looked at two studies: 1. CA Public Utilities Commission study on Power Outages from 1993; 2. The national Berkeley study on Power Outages from 2004.  

From the two studies, the engineer estimated using the national Berkeley study that the cost to CA customers of metallic balloons would range from $20 million to $120 million annually.  This is based on a low, base and high case national cost found in the Berkeley study multiplied by 10 percent (CA percent of the total population) multiplied by 1 percent (the percent of outages due to metallic balloons). 

PG & E estimates anywhere from 100-150 outages per year are caused by Metallic balloons in its service territory (70,000 square miles throughout the state). 

In 2007, PG & E confirmed 211 power outages due to Metallic Balloons hitting their lines, impacting 5,276,684 customers and totaling over 12 million minutes of outages. 

The City of Burbank has one of the most reliable electric utilities in the nation, with a ten year average of greater than 99.99% reliability.  Preventive maintenance, modernizing distribution facilities, and building in redundant capacity are factors that have contributed to Burbank’s high reliability.  However, one of the most common causes of electric service interruptions within the City are metallic balloons.

The Burbank community and businesses have seen an increase in metallic balloon outages.  In 2007, BWP experienced 8 metallic balloon outages.  Since 1993, metallic balloon outages are the 3rd highest cause of customer minutes without electric service.

It would appear that the issue of metallic balloons is best addressed at the state level.  The last time the State passed metallic balloon regulations there was an improvement that followed, albeit a temporary one. If the State were to revisit this issue, in light of metallic balloon experiences since 1990, it may discover more effective forms of regulation. Such an effort would also draw out the opinions of other California communities on this issue.

No cost to the state.    

Ø       CA Municipal Utilities Assn.

Ø       The City of Burbank

Ø       Burbank Water & Power

Ø       Pacific Gas & Electric

Ø       Sempra Energy

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Bryan Ha         (916) 651-4021

E-mail:  bryan.ha@sen.ca.gov