[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3660 Introduced in Senate (IS)]

  2d Session
                                S. 3660

To require residential carbon monoxide detectors to meet the applicable 
ANSI/UL standard by treating that standard as a consumer product safety 
   rule, to encourage States to require residential carbon monoxide 
                   detectors, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 1 (legislative day, September 17), 2008

 Ms. Klobuchar (for herself and Mr. Nelson of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Consumer Product Safety Act to require residential carbon 
monoxide detectors to meet the applicable ANSI/UL standard by treating 
that standard as a consumer product safety rule, to encourage States to 
  require the installation of such detectors in homes, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Residential Carbon Monoxide 
Poisoning Prevention Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Carbon monoxide is a colorless, odorless gas produced 
        by burning any fuel. Exposure to unhealthy levels of carbon 
        monoxide can lead to carbon monoxide poisoning, a serious 
        health condition that could result in death.
            (2) Carbon monoxide poisoning from the use of fuel-burning 
        appliances in residential homes and other dwelling units kills 
        at least 2,000 people each year and sends more than 15,000 to 
        hospital emergency rooms for treatment.
            (3) Research shows that purchasing and installing carbon 
        monoxide alarms close to the sleeping areas in residential 
        homes and other dwelling units can help avoid fatalities.
            (4) Congress should promote the purchase and installation 
        of carbon monoxide alarms in residential homes and dwelling 
        units nationwide in order to promote the health and public 
        safety of citizens throughout the Nation.

SEC. 3. ADOPTION OF ANSI/UL 2034 AS CONSUMER PRODUCT SAFETY RULE.

    (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et 
seq.) is amended by adding at the end thereof the following:

``SEC. 43. RESIDENTIAL CARBON MONOXIDE DETECTORS.

    ``(a) In General.--
            ``(1) Mandatory standard.--Notwithstanding any other 
        provision of law, within 90 days after the date of enactment of 
        the Residential Carbon Monoxide Poisoning Prevention Act, the 
        Consumer Product Safety Commission shall publish in the Federal 
        Register as a mandatory consumer product safety standard the 
        American National Standard for Single and Multiple Station 
        Carbon Monoxide Alarms (American National Standard ANSI/UL 
        2034-2005). The standard shall take effect 180 days after it is 
        published.
            ``(2) Compliance with standard.--After the standard takes 
        effect, it shall be unlawful for any manufacturer or 
        distributor to import into or distribute in commerce in the 
        United States any new assembled or unassembled residential 
        carbon monoxide detector unless it complies with the standard.
            ``(3) Violation.--The failure to comply with paragraph (2) 
        shall be deemed to be a failure to comply with a consumer 
        product safety standard under this Act and subject to all of 
        the penalties and remedies available under this Act.
            ``(4) Other types of carbon monoxide detectors.--Paragraph 
        (2) does not apply to any carbon monoxide detector not covered 
        by the standard as provided in section 1.4 of the standard.
    ``(b) Labeling.--Beginning 1 year after the date of enactment of 
the Residential Carbon Monoxide Poisoning Prevention Act, a 
manufacturer selling or offering for sale in the United States a 
residential carbon monoxide detector manufactured more than 1 year 
after the date of enactment of that Act, shall clearly identify on any 
container of the detector and on the detector its conformance with the 
requirements of the consumer product safety standard promulgated under 
subsection (a).
    ``(c) Modification of Standard.--
            ``(1) ANSI revisions.--If the American National Standard 
        ANSI/UL 34-2005 is revised through the applicable consensus 
        standards development process after the date on which the 
        product safety standard for residential carbon monoxide 
        detectors is published in the Federal Register, the American 
        National Standards Institute shall notify the Commission of the 
        revision.
            ``(2) Commission action.--Within 120 days after it receives 
        notice of such a revision by the American National Standards 
        Institute, the Commission shall issue a notice of proposed 
        rulemaking in accordance with section 553 of title 5, United 
        States Code, to amend the product safety standard for 
        residential carbon monoxide detectors to include any such 
        revision that the Commission determines is reasonably related 
        to the performance of such detectors, and notify the Institute 
        of any revision it has determined not to be so related. The 
        Commission shall promulgate an amendment to the standard for 
        such detectors within 180 days after the date on which the 
        notice of proposed rulemaking for the amendment is published in 
        the Federal Register.
            ``(3) Additional safety requirements.--Notwithstanding any 
        other provision of this Act, the Commission may, pursuant to 
        sections 7 and 9 of this Act, amend the product safety standard 
        for residential carbon monoxide detectors to include any 
        additional provision that the Commission determines is 
        reasonably necessary to ensure their safe and effective 
        operation.
            ``(4) Certain provisions not applicable.--Sections 7 and 9 
        of this Act shall not apply to promulgation of any amendment of 
        the product safety standard under paragraph (2). Judicial 
        review of any amendment of the standard under paragraph (2) 
        shall be in accordance with chapter 7 of title 5, United States 
        Code.''.
    (b) Conforming Amendment.--The table of contents of the Consumer 
Product Safety Act is amended by inserting after the item relating to 
section 42 the following:

``Sec. 43. Residential carbon monoxide detectors.''.

SEC. 4. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE POISONING.

    (a) Safety Standard: Requiring Equipment of Portable Generators 
with Carbon Monoxide Interlock Safety Devices.--Not later than 180 days 
after the date of enactment of this Act, the Consumer Product Safety 
Commission shall promulgate consumer product safety rules, pursuant to 
section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), 
requiring, at a minimum, that every portable generator sold to the 
public for purposes other than resale shall be equipped with an 
interlock safety device that--
            (1) detects the level of carbon monoxide in the areas 
        surrounding such portable generator; and
            (2) automatically turns off the portable generator before 
        the level of carbon monoxide reaches a level that would cause 
        serious bodily injury or death to people.
    (b) Labeling and Instruction Requirements.--Not later than 180 days 
after the date of enactment of this Act, the Consumer Product Safety 
Commission shall promulgate consumer product safety rules, pursuant to 
section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), 
requiring, at a minimum, the following:
            (1) Warning labels.--Each portable generator sold to the 
        public for purposes other than resale shall have a large, 
        prominently displayed warning label in both English and Spanish 
        on the exterior packaging, if any, of the portable generator 
        and permanently affixed on the portable generator regarding the 
        carbon monoxide hazard posed by incorrect use of the portable 
        generator. The warning label shall include the word ``DANGER'' 
        printed in a large font that is no smaller than 1 inch tall, 
        and shall include the following information, at a minimum, 
        presented in a clear manner:
                    (A) Indoor use of a portable generator can kill 
                quickly.
                    (B) Portable generators should be used outdoors 
                only and away from garages and open windows.
                    (C) Portable generators produce carbon monoxide, a 
                poisonous gas that people cannot see or smell.
            (2) Pictogram.--Each portable generator sold to the public 
        for purposes other than resale shall have a large pictogram, 
        affixed to the portable generator, which clearly states 
        ``OUTDOOR USE ONLY: EMITS POISONOUS GAS'' and visually depicts 
        the harmful effects of breathing carbon monoxide.
            (3) Instruction manual.--The instruction manual, if any, 
        that accompanies any portable generator sold to the public for 
        purposes other than resale shall include detailed, clear, and 
        conspicuous statements that include the following elements:
                    (A) A warning that portable generators emit carbon 
                monoxide, a poisonous gas that can kill people.
                    (B) A warning that people cannot smell, see, or 
                taste carbon monoxide.
                    (C) An instruction to operate portable generators 
                only outdoors and away from windows, garages, and air 
                intakes.
                    (D) An instruction never to operate portable 
                generators inside homes, garages, sheds, or other semi-
                enclosed spaces, even if a person runs a fan or opens 
                doors and windows.
                    (E) A warning that if a person begins to feel sick, 
                dizzy, or weak while using a portable generator, that 
                person should shut off the portable generator, get to 
                fresh air immediately, and consult a doctor.
    (c) Report.--Not later than 120 days after the date of enactment of 
this Act, the Consumer Product Safety Commission shall submit a report 
to the Senate Committee on Commerce, Science, and Transportation that--
            (1) reviews the effectiveness of its labeling requirements 
        for charcoal briquettes (16 C.F.R. 1500.14(b)(6)) during the 
        windstorm that struck the Pacific Northwest beginning on 
        December 14, 2006;
            (2) identifies any specific challenges faced by non-English 
        speaking populations with use of the current standards; and
            (3) contains recommendations for improving the labels on 
        charcoal briquettes.

SEC. 5. STATE GRANT PROGRAM FOR CARBON MONOXIDE ALARMS.

    (a) State Approved Carbon Monoxide Alarm Grant Program.--
            (1) In general.--Subject to the availability of 
        appropriations authorized by subsection (d), the Consumer 
        Product Safety Commission shall establish a grant program to 
        provide assistance to eligible States to carry out a carbon 
        monoxide alarm program.
            (2) Eligibility.--To be eligible for a grant under the 
        program, a State shall--
                    (A) demonstrate to the satisfaction of the 
                Commission that the State has adopted a statute, or a 
                State agency has adopted a state-wide rule, regulation, 
                or similar measure with the force and effect of law, 
                requiring the inclusion of approved carbon monoxide 
                alarms installed in accordance with NFPA 720 in all 
                commercial residential dwelling units and all new 
                dwelling unit construction and providing penalties for 
                failure to include such alarms; and
                    (B) submit an application to the Commission at such 
                time, in such form, and containing such additional 
                information as the Commission may require. The 
                application may be filed on behalf of any qualified 
                State by the fire code enforcement officials for such 
                State.
            (3) Grant amount; priority.--The Commission shall determine 
        the amount of the grants awarded under this section, and shall 
        give priority to--
                    (A) multi-state applications (including those made 
                by a nonprofit organization representing fire code 
                enforcement officials on behalf of more than 1 State) 
                if all participating States meet the requirements of 
                this paragraph; and
                    (B) States demonstrating greater than average 
                losses of life from carbon monoxide poisoning in the 
                home.
            (4) Use of funds.--A State receiving a grant under this 
        section may use grant funds--
                    (A) to train that State's fire code enforcement 
                officials in the proper enforcement of State laws 
                concerning approved carbon monoxide alarms and the 
                installation of such alarms in accordance with NFPA 
                720;
                    (B) for the development and dissemination of 
                training materials, instructors, and any other costs 
                related to the training sessions authorized by this 
                paragraph; and
                    (C) to educate the public about the risk associated 
                with carbon monoxide as a poison and the importance of 
                proper carbon monoxide alarm use.
            (5) Limitation on use of funds.--
                    (A) Administrative costs.--No more than 10 percent 
                of any grant funds may be used to cover administrative 
                costs not directly related to training described in 
                paragraph (4)(A).
                    (B) Public outreach.--No more than 25 percent of 
                any grant may be used to cover costs of activities 
                described in paragraph (4)(C).
    (b) Definitions.--In this section:
            (1) Approved carbon monoxide alarm.--The term ``approved 
        carbon monoxide alarm'' means a carbon monoxide alarm that 
        complies with the standards, whether voluntary or mandatory, 
        issued, approved, or otherwise supported by the Commission with 
        respect to such alarms, whether those standards have been 
        developed unilaterally by the Commission or in conjunction with 
        other parties.
            (2) Carbon monoxide alarm.--The term ``carbon monoxide 
        alarm'' means a device that detects the presence of carbon 
        monoxide and sounds an alarm if the level of carbon monoxide 
        detected by the device poses a health risk to persons within 
        the vicinity of the device.
            (3) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (4) Dwelling unit.--The term ``dwelling unit'' means a room 
        or suite of rooms used for human habitation, and includes a 
        single family residence as well as each living unit of a 
        multiple family residence (including apartment buildings) and 
        each living unit in a mixed use building.
            (5) Fire code enforcement officials.--The term ``fire code 
        enforcement officials'' means officials of the Fire Safety Code 
        Enforcement Agency of a State.
            (6) NFPA 720.--The term ``NFPA 720'' means the Standard for 
        the Installation of Carbon Monoxide (CO) Warning Equipment in 
        Dwelling Units issued by the National Fire Protection 
        Association in 2005 and any amended or similar successor 
        standard pertaining to the proper installation of carbon 
        monoxide alarms in dwelling units.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for each of fiscal years 2009 through 
2013 $2,000,000 to carry out this subsection, such sums to remain 
available until expended. Any amounts appropriated pursuant to this 
paragraph that remain unexpended and unobligated at the end of fiscal 
year 2013 shall be retained by the Commission and credited to the 
appropriations account that funds enforcement of the Consumer Products 
Safety Act.
    (d) Commission Report.--Not later than 1 year after the last day of 
each fiscal year for which grants are made under this section, the 
Commission shall submit to Congress a report evaluating the 
implementation of the grant program authorized by this section.
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