S 481 — Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2019

481 ReportedEngrossed in Senate (RS)](ES)] <DOC> Calendar116th No.CONGRESS 2d Session S.

524481 116th_______________________________________________________________________ CONGRESSAN 2dACT SessionTo S.encourage States to require the installation of residential carbon monoxide detectors in homes, and for other purposes.

481Be [Reportit No.enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

116-261] To encourage States to require the installation of residential carbon monoxide detectors in homes, and for other purposes.

_______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 13, 2019 Ms.

Klobuchar (for herself, Mr.

Hoeven, Mr.

Cramer, Ms.

Smith, and Mr.

Blumenthal) introduced the following bill;

which was read twice and referred to the Committee on Commerce, Science, and Transportation September 8, 2020 Reported by Mr.

Wicker, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ A BILL To encourage States to require the installation of residential carbon monoxide 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, <DELETED>SECTION 1.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2019''.</DELETED> <DELETED>SEC.

2.

FINDINGS AND SENSE OF CONGRESS.</DELETED> <DELETED> (a) Findings.--Congress finds the following:</DELETED> <DELETED> (1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel.

Exposure to unhealthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death.</DELETED> <DELETED> (2) Unintentional carbon monoxide poisoning from motor vehicles and improper operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, annually kills more than 400 individuals and sends approximately 15,000 individuals to hospital emergency rooms for treatment.</DELETED> <DELETED> (3) Research shows that installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities.</DELETED> <DELETED> (b) Sense of Congress.--It is the sense of Congress that Congress should promote the installation of carbon monoxide alarms in residential homes and dwelling units across the United States in order to promote the health and public safety of citizens throughout the United States.</DELETED> <DELETED>SEC.

3.

DEFINITIONS.</DELETED> <DELETED> In this Act:</DELETED> <DELETED> (1) Carbon monoxide alarm.--The term ``carbon monoxide alarm'' means a device or system that--</DELETED> <DELETED> (A) detects carbon monoxide;

and</DELETED> <DELETED> (B) is intended to sound an alarm at a carbon monoxide concentration below a concentration that could cause a loss of the ability to react to the dangers of carbon monoxide exposure.</DELETED> <DELETED> (2) Commission.--The term ``Commission'' means the Consumer Product Safety Commission.</DELETED> <DELETED> (3) Compliant carbon monoxide alarm.--The term ``compliant carbon monoxide alarm'' means a carbon monoxide alarm that complies with the most current version of-- </DELETED> <DELETED> (A) the Standard for Single and Multiple Station Carbon Monoxide Alarms of the American National Standards Institute and UL (ANSI/UL 2034), or any successor standard;

and</DELETED> <DELETED> (B) the Standard for Gas and Vapor Detectors and Sensors of the American National Standards Institute and UL (ANSI/UL 2075), or any successor standard.</DELETED> <DELETED> (4) Dwelling unit.--The term ``dwelling unit''-- </DELETED> <DELETED> (A) means a room or suite of rooms used for human habitation;

and</DELETED> <DELETED> (B) includes--</DELETED> <DELETED> (i) a single family residence;</DELETED> <DELETED> (ii) each living unit of a multiple family residence, including an apartment building;

and</DELETED> <DELETED> (iii) each living unit in a mixed use building.</DELETED> <DELETED> (5) Fire code enforcement officials.--The term ``fire code enforcement officials'' means officials of the fire safety code enforcement agency of a State or local government or a tribal organization.</DELETED> <DELETED> (6) NFPA 720.--The term ``NFPA 720'' means-- </DELETED> <DELETED> (A) the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012;

and</DELETED> <DELETED> (B) any amended or similar successor standard relating to the proper installation of carbon monoxide alarms in dwelling units.</DELETED> <DELETED> (7) State.--The term ``State''--</DELETED> <DELETED> (A) has the meaning given the term in section 3(a) of the Consumer Product Safety Act (15 U.S.C.

2052(a));

and</DELETED> <DELETED> (B) includes--</DELETED> <DELETED> (i) the Commonwealth of the Northern Mariana Islands;

and</DELETED> <DELETED> (ii) any political subdivision of a State.</DELETED> <DELETED> (8) Tribal organization.--The term ``tribal organization'' has the meaning given the term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

5304(l)).</DELETED> <DELETED>SEC.

4.

GRANT PROGRAM FOR CARBON MONOXIDE POISONING PREVENTION.</DELETED> <DELETED> (a) In General.--Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to States and tribal organizations that are eligible under subsection (b) to carry out the carbon monoxide poisoning prevention activities described in subsection (e).</DELETED> <DELETED> (b) Eligibility.--For the purposes of this section, an eligible State or tribal organization is any State or tribal organization that--</DELETED> <DELETED> (1) demonstrates to the satisfaction of the Commission that the State or tribal organization has adopted a statute or a rule, regulation, or similar measure that-- </DELETED> <DELETED> (A) has the force and effect of law;

and</DELETED> <DELETED> (B) requires compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 720;

and</DELETED> <DELETED> (2) submits an application--</DELETED> <DELETED> (A) to the Commission at such time, in such form, and containing such additional information as the Commission may require;

and</DELETED> <DELETED> (B) that may be filed on behalf of the State or tribal organization by the fire safety code enforcement agency of that State or tribal organization.</DELETED> <DELETED> (c) Grant Amount.--The Commission shall determine the amount of each grant awarded under this section.</DELETED> <DELETED> (d) Selection of Grant Recipients.--In selecting eligible States and tribal organizations for the award of grants under this section, the Commission shall give favorable consideration to an eligible State or tribal organization that--</DELETED> <DELETED> (1) requires the installation of a compliant carbon monoxide alarm in a new or existing educational facility, childcare facility, health care facility, adult dependent care facility, government building, restaurant, theater, lodging establishment, or dwelling unit--</DELETED> <DELETED> (A) within which a fuel-burning appliance, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel, is installed;

or</DELETED> <DELETED> (B) that has an attached garage;

and</DELETED> <DELETED> (2) has developed a strategy to protect vulnerable populations, such as children, the elderly, or low-income households, from exposure to unhealthy levels of carbon monoxide.</DELETED> <DELETED> (e) Use of Grant Funds.--</DELETED> <DELETED> (1) In general.--Subject to paragraph (2), an eligible State or tribal organization to which a grant is awarded under this section may use the grant--</DELETED> <DELETED> (A) to purchase and install compliant carbon monoxide alarms in the dwelling units of low- income families or elderly individuals, facilities that commonly serve children or the elderly (including childcare facilities, public schools, and senior centers), or student dwelling units owned by public universities;</DELETED> <DELETED> (B) to train State, tribal organization, or local fire code enforcement officials in the proper enforcement of State, tribal, or local laws regarding compliant carbon monoxide alarms and the installation of those alarms in accordance with NFPA 720;</DELETED> <DELETED> (C) for the development and dissemination of training materials, instructors, and any other costs relating to the training sessions authorized under this subsection;

or</DELETED> <DELETED> (D) to educate the public about-- </DELETED> <DELETED> (i) the risk associated with carbon monoxide as a poison;

and</DELETED> <DELETED> (ii) the importance of proper carbon monoxide alarm use.</DELETED> <DELETED> (2) Limitations.--</DELETED> <DELETED> (A) Administrative costs.--An eligible State or tribal organization to which a grant is awarded under this section may use not more than 5 percent of the grant amount to cover administrative costs that are not directly related to training described in paragraph (1)(B).</DELETED> <DELETED> (B) Public outreach.--An eligible State or tribal organization to which a grant is awarded under this section may use not more than 25 percent of the grant amount to cover the costs of activities described in paragraph (1)(D).</DELETED> <DELETED> (f) Authorization of Appropriations.--</DELETED> <DELETED> (1) In general.--Subject to paragraph (2), there is authorized to be appropriated to the Commission, for each of fiscal years 2019 through 2023, $2,000,000 to carry out this Act, which shall remain available until expended.</DELETED> <DELETED> (2) Limitation on administrative expenses.--In a fiscal year, not more than 10 percent of the amounts appropriated or otherwise made available to carry out this Act may be used for administrative expenses.</DELETED> <DELETED> (3) Retention of amounts.--Any amounts appropriated under this subsection that remain unexpended and unobligated on September 30, 2023, shall be retained by the Commission and credited to the appropriations account that funds the enforcement of the Consumer Product Safety Act (15 U.S.C.

2051 et seq.).</DELETED> <DELETED> (g) Report.--Not later than 1 year after the last day of each fiscal year in which grants are awarded under this section, the Commission shall submit to Congress a report that evaluates the implementation of the grant program required under this section.</DELETED> SECTION 1.

(d) Selection of Grant Recipients.--In selecting eligible States and Tribal organizations for the award of grants under this section, the Commission shall give favorable consideration to an eligible State or Tribal organization that demonstrates a reasonable need for funding under this section and that-- (1) requires the installation of a one or more compliant carbon monoxide alarmalarms in a new or existing educational facility, childcare facility, health care facility, adult dependent care facility, government building, restaurant, theater, lodging establishment, or dwelling unit-- (A) within which a fuel-burning appliance, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel, is installed;

(e) Use of Grant Funds.-- (1) In general.--Subject to paragraph (2), an eligible State or Tribal organization to which a grant is awarded under this section may use the grant-- (A) to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly individuals, facilities that commonly serve children or the elderly (including childcare facilities, public schools, and senior centers),centers); or student dwelling units owned by public universities;