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S2129B

An act to amend the Environmental Conservation Law — 2024-05-07 · Calendar #851

The New York State Senate passed legislation Tuesday that would assess major fossil fuel companies $3 billion annually for 25 years—totaling $75 billion—to compensate the state for climate damage caused between 2000 and 2018. The bill (S2129B), sponsored by Sen. Liz Krueger, passed 43-17 on a party-line vote, with all 17 nays coming from Republicans. Krueger argued that international oil and gas companies knowingly caused pollution when alternatives were available and should help pay for remediation costs New Yorkers now face, comparing the approach to the federal Superfund Act for land pollution. The state would enforce payment by prohibiting non-compliant companies from doing business in New York. Sen. John Borrello, the leading opponent, questioned whether the state could collect from international companies, whether viable alternatives existed in 2000-2018, and whether the bill violated due process by legislatively assigning fines without court proceedings. He also noted New York remains 70% dependent on fossil fuels and accused supporters of using the bill as a revenue grab to fund the state's climate transition plan rather than genuine environmental policy. Sen. James Rhoads voted no citing due process concerns, arguing damages should be proven in court. Sen. Phil Martins, representing a coastal Nassau County district vulnerable to climate impacts, voted yes, saying companies should be held responsible for harm they caused. The bill now heads to the Assembly.
PASSED Ayes: 43 · Nays: 17

Debate Summary

The bill would assess fines of $3 billion annually for 25 years ($75 billion total) against major international fossil fuel companies for climate damage caused between 2000 and 2018. Sen. Krueger argued the companies knowingly caused pollution and should help pay for remediation costs, comparing the approach to the federal Superfund Act. Sen. Borrello questioned how the state would collect from international companies, whether viable alternatives existed in 2000-2018, and whether the bill violated due process, arguing it essentially punishes companies for continuing to provide necessary energy to New York. Sen. Rhoads expressed concern about the legislative process of assigning fines without court proceedings, while Sen. Martins supported holding polluters accountable for climate damage.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Martins aye Republican
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Mattera nay Republican
Murray nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Stec nay Republican
Tedisco nay Republican
Weber nay Republican
Weik nay Republican