[Congressional Record Volume 151, Number 159 (Tuesday, December 13, 2005)]
[Senate]
[Pages S13503-S13504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida:
  S. 2084. A bill to direct the Consumer Product Safety Commission to 
issue regulations concerning the safety and labeling of portable 
generators; to the Committee on Commerce, Science, and Transportation.
  Mr. NELSON of Florida. Mr. President, over the last several years, 
hundreds of Americans have died from the poisonous carbon monoxide 
emitted from portable gas generators. Congress needs to step in and act 
quickly to stop these needless deaths. That is why today I am 
introducing the Portable Generator Safety Act.
  As most of us know, portable generators are frequently used to 
provide electricity during temporary power outages. These generators 
use fuel-burning engines that give off poisonous carbon monoxide gas in 
their exhaust.
  Every hurricane season, news stories come from Florida and elsewhere 
about people injured or killed by poisoning caused by portable gas 
generators. From 1998 to 2003, the most recent year of official 
statistics, at least 228 carbon monoxide poisoning deaths were reported 
to the U.S. Consumer Product Safety Commission. At least one person was 
killed and seven were hospitalized near Miami, FL, this fall after 
being overcome by carbon monoxide fumes. And over the last two 
hurricane seasons in Florida, at least twelve people died from 
poisoning caused by poorly ventilated portable generators. These people 
died because portable generators are not manufactured to automatically 
cut off when high carbon monoxide rates are reached and because many 
manufacturers fail to place adequate warning labels on generators.
  Here is what is especially troubling about these senseless deaths: 
The Consumer Product Safety Commission has known for years that people 
were dying from carbon monoxide poisoning at an increasingly alarming 
rate. In study after study, the Commission has recognized the high 
death rate from portable generators, and Commission staff has found 
that portable generator warning labels are often inconsistent, vague, 
and incomplete. Yet the Commission has continued to let the generator 
industry police itself--without any mandatory Federal safety standards.
  Enough is enough. Industry self-regulation--which works in some 
settings--clearly is not working here. Congress must now step in and do 
its part to eliminate these tragic and avoidable deaths.
  My bill--the Portable Generator Safety Act--takes some simple, 
commonsense steps. The bill requires the Consumer Product Safety 
Commission to pass tough Federal regulations within 180 days of the 
passage of the bill. The new regulations would have three components.
  First, every portable generator must have a sensor that automatically 
shuts off the generator before lethal levels of carbon monoxide are 
reached. Other products, such as portable heaters, already contain 
these types of sensors, which save lives.
  Second, every portable generator must have clearly written warning 
labels on the packaging and on the generator itself. These labels must 
include a pictogram that visually depicts the safety hazard from carbon 
monoxide. What I am talking about here is labels that are easy to read 
and can quickly be understood by people who are desperate for power in 
emergency circumstances.
  Third, every instruction manual that accompanies a portable generator 
must clearly explain the safety hazards associated with operating the 
generator.
  How many more innocent people must needlessly die before we require 
the Consumer Product Safety Commission and the portable generator 
industry to take some sensible, pro-consumer steps? It is my goal that 
after the next hurricane season, we will not be back here asking these 
same questions.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2084

       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 ``Portable Generator Safety 
     Act''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) Portable generators are frequently used to provide 
     electricity during temporary power outages. These generators 
     use fuel-burning engines that emit carbon monoxide gas in 
     their exhaust.
       (2) In the last several years, hundreds of people 
     nationwide have been seriously injured or killed due to 
     exposure to carbon monoxide poisoning from portable 
     generators. From 1990 through 2003, 228 carbon monoxide 
     poisoning deaths were reported to the Consumer Product Safety 
     Commission.
       (3) Virtually all of the serious injuries and deaths due to 
     carbon monoxide from portable generators were preventable. In 
     many instances, consumers simply were unaware of the hazards 
     posed by carbon monoxide.
       (4) Since at least 1997, a priority of the Consumer Product 
     Safety Commission has been to reduce injuries and deaths 
     resulting from carbon monoxide poisoning. Although the 
     Commission has attempted to work with industry to devise 
     voluntary standards for portable generators, and despite 
     Commission staff statements that voluntary standards were 
     ineffective, the Commission has not promulgated mandatory 
     rules governing safety standards and labeling requirements.
       (5) The issuance of mandatory safety standards and labeling 
     requirements to warn consumers of the dangers associated with 
     portable generator carbon monoxide would reduce the risk of 
     injury or death.

     SEC. 3. SAFETY STANDARD.

       Not later than 180 days after the enactment of this Act, 
     the Consumer Product Safety Commission shall promulgate 
     regulations, 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 detects the level of carbon monoxide in the areas 
     surrounding such portable generator and automatically turns 
     off power to the portable generator before the level of 
     carbon monoxide is capable of causing serious bodily injury 
     or death to people.

     SEC. 4. LABELING AND INSTRUCTION REQUIREMENTS.

       Not later than 180 days after the enactment of this Act, 
     the Consumer Product Safety Commission shall promulgate 
     regulations, pursuant to section 7 of the Consumer

[[Page S13504]]

     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 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, 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 
     ``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 to never 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.
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