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Smoke-Free Environment Act of 1993
S. 1680 To amend the Toxic Substances Control Act to protect the public from health hazards caused by exposure to environmental tobacco smoke, and for other purposes.
Summary
This bill amends the Toxic Substances Control Act to establish a uniform indoor air policy for public facilities, prohibiting environmental tobacco smoke emissions within buildings and on facility property near entrances, with exceptions for specially designated smoking areas that are separately ventilated so air is directly exhausted outside. Each public facility owner or lessee must adopt and enforce this smoke-free policy and post clear notice of the prohibition, with the option to petition the EPA for a waiver if unusual circumstances prevent compliance. Violations are subject to civil penalties of up to $5,000 per day, with enforcement actions that can be brought by affected individuals, state or local agencies, or the EPA after 60 days' notice, and courts may award litigation costs to prevailing plaintiffs. The policy becomes effective one year after enactment and does not preempt other federal, state, or local smoke-free laws.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
1 cosponsor
- Sen. Kerry, John F. [D-MA] (D-MA)
Actions (4)
- May 11, 1994 Subcommittee on Clean Air and Nuclear Regulation. Hearings held. Hearings printed: S.Hrg. 103-747. · senate
- Nov 18, 1993 Read twice and referred to the Committee on Environment and Public Works. · senate
- Nov 18, 1993 Sponsor introductory remarks on measure. (CR S16222-16223)
- Nov 18, 1993 Introduced in Senate
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE SENATE OF THE UNITED STATES
November 18 (legislative day, November 2), 1993
Mr. Lautenberg introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To amend the Toxic Substances Control Act to protect the public from health hazards caused by exposure to environmental tobacco smoke, 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 “Smoke-Free Environment Act of 1993”.
SEC. 2. UNIFORM INDOOR AIR POLICY.
(a) In General.—The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by adding at the end the following new title:
“TITLE V—UNIFORM INDOOR AIR POLICY WITH RESPECT TO ENVIRONMENTAL TOBACCO SMOKE
“SEC. 501. PURPOSE.
“The purpose of this title is to establish a uniform indoor air standard for public facilities with respect to environmental tobacco smoke.
“SEC. 502. DEFINITIONS.
“As used in this title:
“(1) Environmental tobacco smoke.—The term ‘environmental tobacco smoke’ means smoke emitted from a cigarette, cigar, or pipe, or any other combustion of tobacco.
“(2) Public facility.—The term ‘public facility’—
“(A) means a building regularly entered by 10 or more individuals at least 1 day per week, including a building owned by or leased to a Federal, State, or local government entity; and
“(B) does not include a building or portion of a building regularly used for residential purposes.
“(3) Responsible entity.—The term ‘responsible entity’ means, with respect to a public facility, the owner of the facility, except that in the case of a facility or portion of a facility that is leased, the term means the lessee of the facility.
“SEC. 503. UNIFORM INDOOR AIR POLICY.
“(a) Requirement of Policy.—
“(1) In general.—Except as provided in subsection (b), the responsible entity for each public facility shall adopt and carry out at the facility a uniform indoor air policy that meets the requirements of paragraph (2).
“(2) Elements of policy.—
“(A) In general.—Except as provided in subparagraph (B), each uniform indoor air policy for a public facility shall—
“(i) prohibit the emission of environmental tobacco smoke within the facility and on facility property within the immediate vicinity of the entrance to the facility; and
“(ii) post a clear and prominent notice of the prohibition specified in clause (i) in appropriate and visible locations at the public facility.
“(B) Exception for specially designated smoking areas.—
“(i) In general.—A uniform indoor air policy may provide an exception to the prohibition specified in subparagraph (A)(i) for 1 or more specially designated smoking areas within a public facility if each area meets the requirements of clause (ii).
“(ii) Requirements.—An area meets the requirements for a specially designated smoking area referred to in clause (i) if—
“(I) the area is ventilated in accordance with specifications issued by the Administrator that ensure that air from the area is directly exhausted to the outside and does not recirculate or drift to other areas within the public facility; and
“(II) nonsmoking individuals do not have to enter the area for any purpose.
“(b) Waivers.—
“(1) In general.—A responsible entity for a public facility may petition the Administrator for a waiver from compliance with subsection (a). If the Administrator determines that the public facility is subject to unusual and extenuating circumstances that prevent the compliance, the Administrator may grant the waiver and instead require that the facility protect nonsmokers to the maximum extent practicable.
“(2) Term of waiver.—Each waiver granted under this subsection shall be for a period of not to exceed 1 year.
“(3) Publication.—Each petition for a waiver and a summary of subsequent actions taken by the Administrator shall be published in the Federal Register.
“(4) Report to congress.—The Administrator shall annually report to Congress on all waivers granted during the preceding year.
“SEC. 504. ENFORCEMENT.
“(a) Penalties.—
“(1) In general.—A person subject to section 503 who fails to comply with such section shall be liable to the United States for a civil penalty in an amount not to exceed $5,000 for each day during which the violation continues.
“(2) Use of penalties.—A court may order that a civil penalty imposed under this section be used for projects that further the purpose of this title. The court shall obtain the view of the Administrator in determining whether to issue an order described in the preceding sentence and in selecting the projects.
“(b) Bringing of Actions.—
“(1) In general.—Subject to paragraph (2), an action to enforce section 503 may be brought by a person aggrieved by a violation of such section, a State or local government agency, or the Administrator.
“(2) Notice.—An aggrieved person referred to in paragraph
(1) shall give an alleged violator notice of the alleged violation not less than 60 days before bringing an action under this section. An aggrieved person may not bring an action under this section if the alleged violator complies with section 503 within the 60-day period and thereafter.
“(c) Venue.—An action to enjoin a violation of section 503 or to impose a civil penalty for a violation of such section may be brought in a district court of the United States for the district in which the defendant resides or is doing business. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce section 503 and to impose civil penalties under this section.
“(d) Costs.—In issuing a final order in an action brought under this section, a court may award costs of litigation (including reasonable attorney and expert witness fees) to a prevailing plaintiff, if the court determines that the award is appropriate.
“SEC. 505. PREEMPTION.
“Nothing in this title shall preempt or otherwise affect any other Federal, State, or local law that provides protection from health hazards from environmental tobacco smoke.
“SEC. 506. REGULATIONS.
“The Administrator may issue such regulations as the Administrator considers necessary to carry out this title.”.
(b) Effective Date.—This section and the amendment made by this section shall become effective on the date that is 1 year after the date of enactment of this Act.
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