[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1216 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1216
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2009
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.
Congress finds the following:
(1) Carbon monoxide is a colorless, odorless gas produced
by burning fuel. Exposure to unhealthy levels of carbon
monoxide can lead to carbon monoxide poisoning, a serious
health condition that could result in death.
(2) Each year, carbon monoxide poisoning from the use of
fuel-burning appliances, such as furnaces, water heaters,
portable generators, and stoves, in residential homes and other
dwelling units kills at least 500 people and sends more than
20,000 people 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 throughout the United States in order to promote the
health and public safety of all people of the United States.
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, not later than 90 days after the date of the
enactment of the Residential Carbon Monoxide Poisoning
Prevention Act, the 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), as in effect on the day before the date of such
Act. The standard shall take effect 180 days after it is
published.
``(2) Compliance with standard.--After the standard
described in paragraph (1) 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 such standard or any successor standard as
amended under subsection (c).
``(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) shall 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 the 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 the enactment of such 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 2034-2008 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 pursuant to
subsection (a)(1), 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 not later than 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. FINAL PORTABLE GENERATOR RULE.
Not later than 18 months after the date of the enactment of this
Act, the Consumer Product Safety Commission shall issue a final rule in
its proceeding entitled Portable Generators for which the Commission
issued an advance notice of proposed rulemaking on December 12, 2006
(71 FR 74472), that includes a requirement that portable generators
incorporate an automatic shut-off feature if compliance with such a
requirement is technologically feasible.
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 (c), 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.--
(A) In general.--To be eligible for a grant under
the program, a State shall--
(i) demonstrate to the satisfaction of the
Commission that the State has enacted
legislation, or a State agency has promulgated
a State-wide rule, regulation, or similar
measure with the force and effect of law that--
(I) requires approved carbon
monoxide alarms be installed in
accordance with NFPA 720 in all
commercial residential dwelling units
and all new dwelling unit construction;
and
(II) provides penalties for failure
to install such alarms; and
(ii) submit an application to the
Commission at such time, in such form, and
containing such additional information as the
Commission may require.
(B) Application submittal.--Submittal of an
application under subparagraph (A)(ii) may be submitted
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
paragraph (2); 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.--Not more than 10 percent
of any grant awarded under this section may be used for
administrative costs not directly related to training
described in paragraph (4)(A).
(B) Public outreach.--Not more than 25 percent a
grant awarded under this section may be used for the
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 2008 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 $2,000,000 for each of the fiscal years
2010 through 2014 to carry out this section, such sums to remain
available until expended. Any amounts appropriated pursuant to this
subsection that remain unexpended and unobligated at the end of fiscal
year 2014 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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