S824

The New York State Senate passed the Climate Superfund Act chapter amendment Friday, approving a controversial measure that would assess the nation's largest fossil fuel companies an estimated $3 billion annually for historic greenhouse gas emissions dating back to 2000, totaling $75 billion over 25 years. The bill passed 36-23 on a largely party-line vote, with Sen. Liz Krueger (D-Manhattan) sponsoring the legislation. The funds would support climate adaptation infrastructure, resiliency projects, and community grants across New York State. Krueger argued the measure applies the established "polluter pays" principle, citing the federal Superfund law and the GE PCB cleanup in the Hudson River as precedents. She contended that major oil, gas, and coal companies knew since the 1970s that their products caused climate damage and that the assessment—spread across approximately 40 major international corporations—represents a small cost relative to their profits. "These companies are destroying our climate and costing us an enormous amount of money, billions of dollars a year, right here in New York that we, the taxpayers of New York, are now picking up all of the tab for," Krueger said. Opponents, led by Sen. George Borrello (R-Batavia) and Sen. Andrew Rhoads (R-Glens Falls), raised constitutional and practical concerns. They argued the bill creates a contradiction by requiring energy companies to continue supplying fuel to New York while fining them for doing so, and predicted the costs would inevitably be passed to consumers through higher energy bills. Rhoads specifically challenged the bill's due process implications, noting it imposes strict liability without requiring proof of wrongdoing or identifiable harm within New York State—unlike the federal Superfund model it purports to follow. "The Legislature is making that determination. The DEC has no requirement to show that any company has produced any identifiable climate change within the State of New York," Rhoads said. Sen. James Tedisco (R-Amsterdam) pressed Krueger to add an amendment guaranteeing the costs would not be passed to consumers, arguing that if she truly believed her economic model, such a guarantee should be unproblematic. Krueger declined, instead arguing that without the bill, constituents would pay 100 percent of climate damage costs. The chapter amendment narrowed the bill's scope from its original version by removing foreign nations as potential defendants, citing collection difficulties, and extended the assessment period from 2000-2018 to 2000-2024. The bill does not take effect until 2028, allowing time for the Department of Environmental Conservation to develop regulations and billing models. Sen. Tim Harckham (D-Port Chester) voted in favor, citing constituents' burden of repeated infrastructure repairs from climate-driven storms. "My constituents are paying for that. That is unjust and unfair," he said. The legislation is expected to face legal challenges from the fossil fuel industry on constitutional grounds.

The New York State Senate passed S824, sponsored by Sen. Sanders, an act to amend the Insurance Law. The bill received a roll call vote and passed 60-0. The measure, which was Calendar Number 33, includes a provision for immediate enactment. No floor debate was recorded prior to the vote.