Climate disasters: civil actions.

Plain English Breakdown

The bill summary does not provide specific details on which fossil fuel companies would be targeted.

Climate Disasters: Civil Actions

This law allows the Attorney General to sue certain fossil fuel companies for climate-attributable damage and creates a fund for recovered money.

What This Bill Does

• Allows the Attorney General to sue specified fossil fuel companies if their actions contributed to climate-related damage in California, focusing on costs and losses suffered by the FAIR Plan Association, funds borrowed from the California Infrastructure and Economic Development Bank, or costs incurred by insurance policyholders.
• Makes these companies strictly liable for any relief granted without needing to prove fault, using market share principles to decide how much each company owes.
• Prevents fossil fuel companies from passing on costs related to lawsuits to consumers through higher gas prices.

Who It Names or Affects

• Fossil fuel companies that are sued for contributing to climate-related damage in California.
• The Attorney General, who can bring these lawsuits against specified fossil fuel companies.
• California consumers, who won't see higher gas prices due to costs from these lawsuits.

Terms To Know

Strict liability

A rule that makes someone responsible for damages even if they did not mean to cause harm.

Market share principles

A way to decide how much each company should pay based on their share of the market.

Limits and Unknowns

• The bill does not specify exactly which fossil fuel companies would be targeted.
• It is unclear what specific uses the Attorney General Climate Disaster Fund will have until the Legislature decides.

Official Summary Text

SB 982, as amended, Wiener.
Climate disasters: civil actions.
Existing law gives a person the right of protection from bodily harm and the right to possess and use property. If a person suffers bodily harm or a loss of their property because of the unlawful act or omission of another, existing law authorizes them to recover compensation from the person at fault, which is known as damages. Existing law authorizes the Attorney General to bring various civil actions due to damage or loss.
This bill would authorize the Attorney General to bring a civil action against
a party responsible
specified fossil fuel companies
for climate-attributable damage to recover
costs and
losses suffered by the California FAIR Plan Association, funds borrowed from the California Infrastructure and Economic Development Bank, or costs
to
and losses incurred by
insurance
policyholders arising from a past climate disaster.
policyholders.
The bill would make
responsible parties
those companies
strictly liable
without regard to fault
for any relief granted. The
bill
bill would authorize the court and jury to use market share and alternate liability principles to
determine proportionate liability of those companies for the climate-attributable damage, as described.
This bill would make it an unlawful business practice for the company or affiliated entity to recover from California consumers, through retail or wholesale prices, charges, fees, surcharges, or any other adjustment to the price of gasoline or other motor fuels, for any costs and expenses incurred in connection with such a civil action, as defined.
This bill
would create the Attorney General Climate Disaster Fund into which the monetary relief recovered by the Attorney
General, excluding restitution,
General
would be deposited, and would set forth specified uses for the account upon appropriation by the Legislature.
The bill would make related findings and declarations.

Current Bill Text

Download Bill PDF