[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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2016    2017    2018    2019    2020   2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level..........................................       2       2       2       2       0         8
Estimated Outlays............................................       1       1       2       2       2         8
----------------------------------------------------------------------------------------------------------------

    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.

                                  [all]