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[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.
                                 <all>
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