[Senate Report 114-179]
[From the U.S. Government Publishing Office]
Calendar No. 323
114th Congress } { Report
SENATE
1st Session } { 114-179
_______________________________________________________________________
NICHOLAS AND ZACHARY BURT MEMORIAL CARBON MONOXIDE POISONING PREVENTION
ACT OF 2015
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1250
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 14, 2015.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2015
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
David Schwietert, Staff Director
Nick Rossi, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 323
114th Congress } { Report
SENATE
1st Session } { 114-179
_______________________________________________________________________
NICHOLAS AND ZACHARY BURT MEMORIAL CARBON MONOXIDE POISONING PREVENTION
ACT OF 2015
_______
December 14, 2015.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1250]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1250) to encourage States to
require the installation of residential carbon monoxide
detectors in homes, and for other purposes, having considered
the same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
The purpose of S. 1250, the Nicholas and Zachary Burt
Memorial Carbon Monoxide Poisoning Prevention Act of 2015, is
to establish a grant program to encourage States and tribal
organizations to require the installation of residential carbon
monoxide detectors in homes.
Background and Needs
Carbon monoxide is an odorless, colorless, and toxic gas.
At lower levels of exposure, it can cause mild, flu-like
symptoms. These symptoms include headaches, dizziness,
disorientation, nausea, and fatigue. At higher levels, carbon
monoxide poisoning can result in mental confusion, vomiting,
loss of muscular coordination, loss of consciousness, and
death. Carbon monoxide is produced by burning fuels such as
coal, wood, charcoal, oil, kerosene, propane, or natural gas.
Internal combustion engine-powered equipment like portable
generators, cars, and lawn mowers also produce carbon monoxide.
The Centers for Disease Control and Prevention (CDC) tracks
carbon monoxide injury and death in the United States. Between
1999 through 2010, the CDC reported an average of 430
unintentional, non-fire related carbon monoxide poisoning
deaths annually in the United States.\1\ In 2007, there were
221,304 emergency department visits for confirmed cases of
unintentional, non-fire related carbon monoxide poisoning in
the United States.\2\ One study found that the nonfatal
exposures were found to occur in homes in 64 percent of the
cases and in public facilities and areas in 21 percent of the
cases.\3\
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\1\Ctrs. For Disease Control, Carbon Monoxide-Related Deaths--
United States, 1999 - 2004, 56 MORBIDITY AND MORTALITY WEEKLY REPORT
1309 (2007), available at http://www.cdc.gov/mmwr/preview/mmwrhtml/
mm6303a6.htm.
\2\Shahed Iqbal, Hospital Burden of Unintentional Carbon Monoxide
Poisoning in the United States, 30 Am. J. Emerg. Med. 657 (2012).
\3\Ctrs. For Disease Control, Unintentional Non-fire Related Carbon
Monoxide Exposures-United States, 2001-2003, 54 MORBIDITY AND MORTALITY
WEEKLY REPORT 36 (2005).
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The American National Standards Institute (ANSI) and
Underwriters Laboratories (UL) publish voluntary consensus
standards regarding carbon monoxide alarms. The ANSI/UL 2034
Standard for Single and Multiple Station Carbon Monoxide Alarms
covers electrically operated single and multiple station carbon
monoxide alarms intended for protection in ordinary indoor
locations of dwelling units, including recreational vehicles,
mobile homes, and recreational boats with enclosed
accommodation spaces and cockpit areas. The ANSI/UL 2075
Standard for Gas and Vapor Detectors and Sensors covers toxic
and combustible gas and vapor detectors and sensors intended to
be portable or employed in indoor or outdoor locations. The
National Fire Protection Association (NFPA) publishes a
standard, NFPA 720, for the Installation of Carbon Monoxide
Detection and Warning Equipment which contains requirements for
the performance, installation, operation, inspection, testing,
and maintenance of carbon monoxide detection and warning
equipment.
The Congressional Fire Services Institute has backed a
resolution proposed by the National Association of State Fire
Marshals to support requiring carbon monoxide devices that meet
the ANSI/UL standards and to encourage States to require the
installation of such carbon monoxide devices in accordance with
NFPA 720.\4\
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\4\Nt'l Ass'n of State Fire Marshals, Resolution to Support
Initiatives Requiring Residential Carbon Monoxide Detection Devices to
Meet the Applicable ANSI/UL Standard As a Mandatory Consumer Product
Safety Regulation (2011) (on file with minority staff).
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As of March 5, 2015, 29 States have enacted statutes or
codes to require carbon monoxide detector devices in certain
residential buildings. State requirements vary, with some
applying only to new homes and others to new and existing
homes.\5\ For instance, Connecticut requires carbon monoxide
detectors in all new construction, as do Georgia and New
Hampshire, Oregon, Pennsylvania, Rhode Island, Utah, Vermont,
Washington, and West Virginia. Florida also requires them in
new construction, and in every room with a boiler.
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\5\See Nat'l Conference of State Legislatures, Carbon Monoxide
Detectors State Statutes (Mar. 5, 2015) (State-by-State summary),
available at http://www.ncsl.org/research/environment-and-natural-
resources/carbon-monoxide-detectors-state-statutes.aspx.
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Illinois requires a carbon monoxide detector within 15 feet
of every sleeping room. Massachusetts and Minnesota require a
carbon monoxide detector within 10 feet of every sleeping room.
Maryland requires them in new construction and all public
school buildings. New Jersey requires them to be installed at
occupancy.
New York amended its Fire Prevention and Building Code to
require carbon monoxide detectors in new construction. North
Carolina and West Virginia require them in every dwelling with
a fossil fuel burning heater, fireplace, or attached garage.
Texas requires carbon monoxide detectors in day care
centers. Montana requires them in rental units. Wisconsin
requires them in public buildings with sleeping areas.
Delaware, Maryland, and Virginia prohibit tampering with
carbon monoxide detectors installed by landlords. Tennessee
requires carbon monoxide detectors in recreational vehicles
that are rented or leased.
Summary of Provisions
S. 1250 would direct the Consumer Product Safety Commission
(CPSC) to establish a grant program, subject to the
availability of appropriations, to provide assistance to
eligible States and tribal organizations to carry out carbon
monoxide poisoning prevention activities. In order to be
eligible, a State or tribal organization would need to
demonstrate to the satisfaction of the CPSC that the State or
tribal organization has adopted a statute that requires
compliant carbon monoxide detectors installed in accordance
with NFPA 720, and to submit an application in a timely manner.
In order to determine the amount of the grants awarded, S. 1250
would obligate the CPSC to prioritize and give favorable
consideration to applications from States and tribal
organizations that meet specified criteria. The legislation
would permit States or tribal organizations receiving grants to
use funds to purchase and install carbon monoxide alarms\6\ in
dwelling units of low-income families or elderly persons,
childcare facilities, public schools, senior centers, or
student dwelling units owned by public universities; train
State or tribal fire code enforcement officials regarding
compliance and installation; and educate the public about the
risk of carbon monoxide poisoning. S. 1250 contains a
limitation that not more than 5 percent of any grant award may
be used to cover administrative costs not directly related to
training of fire code enforcement officials in the proper
enforcement of laws concerning carbon monoxide alarms and their
installation. Additionally, S. 1250 contains a limitation that
not more than 25 percent of any grant awarded may be used to
educate the public about the risk associated with carbon
monoxide as a poison and the importance of proper carbon
monoxide alarm use.
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\6\Carbon mooxide alarm would be defined in the bill as a device or
system that detects carbon monoxide; and is intended to alarm at carbon
monoxide concentrations below those that could cause a loss of ability
to react to the dangers of carbon monoxide exposure.
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S. 1250 would authorize appropriations of $2 million for
each of fiscal year (FY) 2015 through FY 2019. The CPSC would
determine the amount of the grants. Funds unexpended and
unobligated on September 30, 2019, would be retained by the
CPSC and credited to an account that funds the enforcement of
the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).
S. 1250 would require the CPSC to submit a report to
Congress that evaluates the implementation of the program not
later than 1 year after the last day of each FY for which
grants are awarded under the program.
Legislative History
Senators Klobuchar, Casey, and Schumer introduced S. 1250
on May 7, 2015. The bill also is cosponsored by Senators
Blumenthal, Franken, and Menendez. On June 25, 2015, in an open
Executive Session, the Committee considered the bill and
reported S. 1250, as amended, favorably by voice vote. The
Committee adopted a substitute amendment from Senator Klobuchar
to make technical modifications to the bill and to limit grant
recipients' administrative expenses to 5 percent of grant
monies awarded and to clarify that tribal organizations would
be eligible to participate in the grant program.
Similar legislation (S. 1793) was introduced by Senators
Klobuchar, Casey, and Schumer in the 113th Congress. The
Committee reported that bill favorably by voice vote on April
9, 2014.
Similar legislation (S. 3343) was introduced by Senators
Klobuchar and Snowe in the 112th Congress. That bill authorized
the grant program in S. 1250, but in addition, S. 3342 also
would have required the CPSC to publish the ANSI/UL voluntary
standard for carbon monoxide alarms as a mandatory standard. S.
3342 would have made it unlawful for any manufacturer or
distributor to import or distribute any new assembled or
unassembled residential carbon monoxide detector unless it
complies with the standard.
Similar legislation (S. 1216) was introduced by Senator
Klobuchar in the 111th Congress. S. 1216 would also have
required the CPSC to issue a final rule on portable generators,
requiring those devices to have an automatic shutoff feature,
if technologically feasible.
The Subcommittee on Consumer Protection, Product Safety,
and Insurance of the Committee on Commerce, Science, and
Transportation of the Senate previously held a hearing on
carbon monoxide poisoning in the 111th Congress on December 17,
2009 (S. Hrg. 111-520).
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1250--Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning
Prevention Act of 2015
Summary: S. 1250 would authorize the appropriation of funds
for the Consumer Product Safety Commission (CPSC) to award
grants to states and tribal governments for activities related
to preventing carbon monoxide poisoning. The CPSC also would be
required to report to the Congress on the implementation of the
grant program. Based on the spending patterns for similar
grants, CBO estimates that implementing the bill would cost $8
million over the 2016-2020 period, assuming appropriation of
the specified amounts. Enacting this legislation would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
S. 1250 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1250 is shown in the following table.
The costs of this legislation fall within budget function 550
(health).
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By fiscal year, in millions of dollars--
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2016 2017 2018 2019 2020 2016-2020
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.......................................... 2 2 2 2 0 8
Estimated Outlays............................................ 1 1 2 2 2 8
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Basis of estimate: For this estimate, CBO expects that S.
1250 will be enacted near the end of fiscal year 2015, that the
Congress will appropriate the authorized amounts for each year
beginning in 2016, and that spending will follow the historical
patterns for similar programs.
S. 1250 would authorize the appropriation of $2 million per
year over the 2015-2019 period for the CPSC to award grants to
states and tribal governments for activities related to
preventing carbon monoxide poisoning. Such activities would
include purchasing and installing carbon monoxide alarms;
training fire code enforcement officials; developing and
disseminating training materials; and educating the public
about the risks associated with carbon monoxide. The bill also
would direct the agency to evaluate the implementation of the
grant program no later than one year after the final grant is
awarded.
Based on the expenditure patterns of similar programs, such
as the Lead Hazard Reduction Demonstration Grant Program of the
Department of Housing and Urban Development, CBO estimates that
implementing S. 1250 would cost $8 million over the 2016-2020
period.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 1250
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impost no costs on state, local, or
tribal governments. State, local, and tribal entities could
benefit from grants authorized in the bill for activities that
prevent carbon monoxide poisoning. Any costs associated with
receiving such grants would be incurred voluntarily as a
condition of receiving federal assistance.
Estimate prepared by: Federal Costs: Daniel Hoople; Impact
on State, Local, and Tribal Governments: J'nell Blanco Suchy;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Holly Harvey, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The legislation would direct the CPSC to establish a grant
program for States and tribal organizations that require the
installation of compliant carbon monoxide alarms in dwelling
units and other eligible facilities. The grant program would
further aid States and tribal organizations in training and
educational programs with regard to carbon monoxide poisoning
and prevention.
economic impact
This legislation is not expected to have an adverse
economic impact on the Nation.
privacy
S. 1250 would not have a negative impact on the personal
privacy of individuals.
paperwork
S. 1250 would create a new reporting requirement for the
CPSC. The CPSC would be directed to submit a report to Congress
that evaluates the implementation of the program not later than
one year after the last day of each fiscal year for which
grants are awarded.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
Section 1 would designate the short title of this bill as
the ``Nicholas and Zachary Burt Memorial Carbon Monoxide
Poisoning Prevention Act of 2015.''
Section 2. Findings.
Section 2 would provide the findings of Congress, including
the dangers of carbon monoxide poisoning and the utility of
carbon monoxide alarms.
Section 3. Definitions.
Section 3 would define terms used throughout the bill. The
most notable terms are ``carbon monoxide alarm,'' ``compliant
carbon monoxide alarm,'' and ``dwelling unit.''
A ``carbon monoxide alarm'' would mean a device or system
that detects carbon monoxide and that is intended to alarm
consumers of carbon monoxide at concentration levels below
those that could cause a loss of ability to react to the
dangers of carbon monoxide exposure.
A ``compliant carbon monoxide alarm'' would mean one that
complies with the most current version of the American National
Standard for Single and Multiple Station Carbon Monoxide Alarms
(ANSI/UL 2034) and the American National Standard for Gas and
Vapor Detectors and Sensors (ANSI/UL 2075).
A ``dwelling unit'' would mean a room or suite of rooms
used for human habitation, and would include a single-family as
well as each living unit of a multiple-family residence
(including apartment buildings) and each living unit in a mixed
use building.
Section 4. Grant program for carbon monoxide poisoning prevention.
Section 4 would direct the CPSC to establish, subject to
appropriations, a grant program for States and tribal
organizations that have adopted a statute or regulation
requiring complaint carbon monoxide alarms be installed in
dwelling units and other eligible facilities.
Section 4 would authorize an appropriation of $2 million
for each of FY 2015 through FY 2019 to the CPSC to carry out
this Act. No more than 10 percent of funds appropriated may be
used for administrative purposes.
The CPSC would determine grant amounts, giving priority to
States or tribal organizations that: prioritize installation of
compliant carbon monoxide alarms in new or existing facilities
or dwelling units with fuel-burning appliances or attached
garages; and have developed a strategy to protect vulnerable
populations such as children, the elderly, or low-income
household residents.
Grants awarded under the program could be used for four
purposes: (1) to purchase and install compliant carbon monoxide
alarms in the dwelling units of low-income families or elderly
persons, facilities that commonly serve children or the elderly
(including child care facilities, public schools, and senior
centers), or student dwelling units owned by public
universities; (2) to train fire code enforcement personnel; (3)
to create training materials; and (4) to educate the public
about the risks associated with carbon monoxide poisoning.
Section 4 contains a limitation that not more than 5
percent of any grant received may be used to cover
administrative costs not directly related to training of fire
code enforcement officials in the proper enforcement of laws
concerning carbon monoxide alarms and their installation. No
more than 25 percent of any grant funds could be used to
educate the public about the risk associated with carbon
monoxide as a poison and the importance of proper carbon
monoxide alarm use.
Section 4 would require the CPSC to submit a report to
Congress that evaluates the implementation of the program not
later than 1 year after the last day of each FY for which
grants are awarded under the program.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
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