BILL NUMBER: S4799
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the general business law, in relation to creating
climate liability for dangers to safety and health caused by certain
fossil fuel related activities
 
PURPOSE:
To create climate liability for dangers to safety and health caused by
certain fossil fuel-related activity.
 
SUMMARY OF PROVISION:
Section 1 contains the legislative findings and intent.
Section 2 amends the general business law, adding a new article, "20-B",
consisting of four subsections, listed as follows:
§ 328 defines several terms that appear in the bill including, "covered
period", "fossil fuel industry member", "qualified product", "reasonable
controls and procedures", "deceptive acts or practices", and "false
advertising".
§ 328-a determines the criteria by which a fossil fuel industry member
is liable for damages as per the article.
§ 328-b outlines the possible defenses for liability that can be under-
taken by fossil fuel industry members but highlights that liability is
identified holistically to the extent of the action and the period that
it persisted.
§ 328-c establishes a right of action.
Section 3 provides a severability clause.
Section 4 provides the effective date.
 
JUSTIFICATION:
Since 1751, only 90 entities have made up 63 percent of the carbon diox-
ide and methane emitted into the Earth's atmosphere. All 90 entities are
greenhouse gas industry members or producers. Today, the world collec-
tively emits around 50 billion tons of CO2e each year 40% higher than
emissions in 1990. This negligence poses specific harm to all New York-
ers, especially those in black and brown communities. Individuals who
live in historically underserved neighborhoods are 34 percent more like-
ly to experience childhood asthma, and 40 percent more likely to die
from extreme temperatures.
Fossil fuel industry members have known for decades that their products
overwhelmingly contributed to and accelerated climate change, yet they
have and continue to lie about this fact to the public. In 1977, a
scientist for a fossil fuel industry member detailed to the company's
top executives that fossil fuel usage was releasing enough carbon diox-
ide to change the planet's climate. Two years later, an internal memo
noted that the increasing concentration of carbon dioxide in the atmos-
phere would, "bring about dramatic changes in the world's environment".
Despite this early revelation and recognition, since 1988, several
members of the fossil fuel industry have maintained an extensive
campaign of misinformation and climate denial. Instead of transparency,
fossil fuel industry members have used their profits to deceive the
public to continue the production of fossil fuels.
There is no credible debate on the effects of climate change. The oil
and gas industry, having finally ceded this fact, has fought account-
ability in the courts in a myriad of ways, including keeping actions out
of state court, or claiming that their decades of deception to the
public on the tile impact of their products was "political speech" meant
to influence government decisions. This bill aims to hold them account-
able on both fronts.
 
LEGISLATIVE HISTORY:
S212A of 2023-24: Referred to Consumer Protection.
S9612 of 2022: Referred to Rules.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.