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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0432*
SENATE BILL 432
M5, M3, E4 6lr2107
CF HB 572
By: Senator Love
Introduced and read first time: January 30, 2026
Assigned to: Judicial Proceedings and Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Attorney General Actions and Climate Crimes Accountability Fund 2
(Climate Crimes Accountability Act) 3
FOR the purpose of authorizing the Attorney General to investigate, commence, and 4
prosecute or defend any suit or action that holds certain entities accountable for 5
tortious or otherwise unlawful conduct that has contributed to climate change; 6
authorizing the Attorney General to hire outside counsel to assist with an actio n 7
under this Act if the Attorney General makes a certain determination; establishing 8
the Climate Crimes Accountability Fund as a special, nonlapsing fund; requiring 9
interest earnings of the Fund to be credited to the Fund; and generally relating to 10
climate change. 11
BY adding to 12
Article – Environment 13
Section 1–307 14
Annotated Code of Maryland 15
(2013 Replacement Volume and 2025 Supplement) 16
BY adding to 17
Article – Public Safety 18
Section 14 –1401 and 14 –1402 to be under the new subtitle “Subtitle 14. Climate 19
Crimes Accountability Fund” 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2025 Supplement) 22
BY repealing and reenacting, without amendments, 23
Article – State Finance and Procurement 24
Section 6–226(a)(2)(i) and (ii) 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2025 Supplement) 27
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BY repealing and reenacting, with amendments, 1
Article – State Finance and Procurement 2
Section 6–226(a)(2)(iii)212. and 213. 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2025 Supplement) 5
BY adding to 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(iii)214. 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – State Government 12
Section 6–106.2 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2025 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Environment 18
1–307. 19
(A) IN THIS SECTION , “MARKET CAPITALIZATIO N” MEANS THE TO TAL 20
MARKET VALUE OF A COMPANY’S OUTSTANDING SHARES OF STOCK. 21
(B) FOR THE PROTECTION OF THE HEALTH AND SAFET Y OF THE STATE’S 22
CITIZENS AND ENVIRONMENT, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT 23
A PUBLICLY TRADED EN TITY, INCLUDING ITS SUBSID IARIES, WITH A CUMULATIVE 24
MARKET CAPITALIZATIO N GREATER THAN $1,000,000,000 THAT IS OR WAS 25
INVOLVED IN EXTRACTING, REFINING, OR PROCESSING COAL, OIL, OR GAS BE HELD 26
ACCOUNTABLE FOR ANY TORTIOUS OR OTHERWIS E UNLAWFUL CONDUCT O N THE 27
PART OF THE ENTITY O R SUBSIDIARY THAT HA S CONTRIBUTED TO CLI MATE 28
CHANGE, INCLUDING ASSOCIATED ENVIRONMENTAL AND OTHER HARMS CAUSED, 29
WHETHER THROUGH FRAU D, DECEPTION, OR ANY OTHER MECHANI SM, ACTION, 30
INACTION, OR PRACTICE. 31
(C) THE ATTORNEY GENERAL MAY INVESTIGA TE, COMMENCE, AND 32
PROSECUTE OR DEFEND ANY CIVIL OR CRIMINA L SUIT OR ACTION THA T HOLDS 33
ACCOUNTABLE A PUBLICLY TRADED ENTITY, INCLUDING ITS SUBSIDIARIES, WITH A 34
CUMULATIVE MARKET CA PITALIZATION GREATER THAN $1,000,000,000 AT THE 35
TIME A SUIT OR AN AC TION IS FILED THAT I S OR WAS INVOLVED IN EXTRACTING, 36
REFINING, OR PROCESSING COAL, OIL, OR GAS FOR ANY TOR TIOUS OR OTHERWISE 37
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UNLAWFUL CONDUCT ON THE PART OF THE ENTI TY OR SUBSIDIARY THA T HAS 1
CONTRIBUTED TO CLIMATE CHANGE THROUGH FRAUD, DECEPTION, OR ANY OTHER 2
MECHANISM, ACTION, INACTION, OR PRACTICE. 3
(D) THE ATTORNEY GENERAL MAY HIRE OUTS IDE COUNSEL TO ASSIS T 4
WITH AN ACTION UNDER THIS SECTION IF THE ATTORNEY GENERAL DETERMINES 5
THAT HIRING OUTSIDE COUNSEL IS IN THE BEST INTEREST OF THE STATE. 6
(E) THE PROVISIONS OF § 6–106.2 OF THE STATE GOVERNMENT ARTICLE 7
SHALL APPLY TO ANY ACTION BROUGHT BY THE ATTORNEY GENERAL UNDER THIS 8
SECTION. 9
Article – Public Safety 10
SUBTITLE 14. CLIMATE CRIMES ACCOUNTABILITY FUND. 11
14–1401. 12
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(B) “FUND” MEANS THE CLIMATE CRIMES ACCOUNTABILITY FUND. 15
(C) “SALTWATER INTRUSION” HAS THE MEANING STAT ED IN § 3–1001 OF 16
THE NATURAL RESOURCES ARTICLE. 17
(D) “VECTORBORNE PATHOGEN ” MEANS A GERM OR PARASITE T HAT IS 18
SPREAD TO HUMANS AND OTHER ANIMALS BY A V ECTOR, SUCH AS A MOSQUITO , 19
TICK, OR FLEA. 20
(E) “WATERBORNE PA THOGEN” MEANS A MICROORGANIS M, SUCH AS 21
BACTERIA, A VIRUS , A PARASITE , OR AN AMOEBA , THAT CAN CAUSE ILLNE SS IN 22
HUMANS AND ANIMALS I F EXPOSED TO WATER C ONTAMINATED BY THE 23
MICROORGANISM. 24
14–1402. 25
(A) THERE IS A CLIMATE CRIMES ACCOUNTABILITY FUND. 26
(B) THE PURPOSE OF THE FUND IS TO PAY FOR PROGRAMS THAT PREVENT, 27
MITIGATE, OR REPAIR HARMS CAUSED BY CLIMATE CHANGE. 28
(C) THE DEPARTMENT SHALL ADMINISTER THE FUND. 29
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(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 1
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 3
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 4
(E) THE FUND CONSISTS OF: 5
(1) ALL REVENUES RECEIVE D BY THE STATE RESULTING DIREC TLY 6
OR INDIRECTLY FROM A NY JUDGMENT AGAINST OR SETTL EMENT WITH AN ENTITY 7
IN AN ACTION BROUGHT UNDER § 1–307 OF THE ENVIRONMENT ARTICLE; 8
(2) INTEREST EARNINGS OF THE FUND; AND 9
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 10
THE BENEFIT OF THE FUND. 11
(F) THE FUND MAY BE USED ONLY TO: 12
(1) PAY FOR PROGRAMS THA T PREVENT , MITIGATE, OR REPAIR 13
HARMS CAUSED BY CLIMATE CHANGE, INCLUDING PROGRAMS ADDRESSING: 14
(I) AIR POLLUTION; 15
(II) DANGEROUSLY HIGH TEM PERATURES, SUCH AS URBAN 16
HEAT ISLANDS OR EXTENDED HEAT WAVES; 17
(III) DROUGHT; 18
(IV) ECOSYSTEM CHANGES; 19
(V) FLOODING; 20
(VI) SALTWATER INTRUSION; 21
(VII) STORM DAMAGE; 22
(VIII) VECTORBORNE PATHOGENS; 23
(IX) WATERBORNE PATHOGENS; AND 24
(X) WILDFIRES; 25
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(2) PAY FOR EXPENSES REL ATED TO ANY ACTION B ROUGHT BY TH E 1
ATTORNEY GENERAL UNDER § 1–307 OF THE ENVIRONMENT ARTICLE, INCLUDING: 2
(I) INVESTIGATION EXPENSES; 3
(II) LITIGATION EXPENSES; AND 4
(III) TRIAL PREPARATION EXPENSES; AND 5
(3) PAY ADMINISTRATIVE EXPENSES RELATED TO THE DISTRIBUTION 6
OF FUNDS TO PROGRAMS UNDER ITEM (1) OF THIS SUBSECTION. 7
(G) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 8
IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 9
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO 10
THE FUND. 11
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 12
WITH THE STATE BUDGET. 13
(I) MONEY EXPENDED FROM T HE FUND FOR PROGRAMS THA T PREVENT, 14
MITIGATE, OR REPAIR HARMS CAUSED BY CLIMATE CHANGE IS SUPPLEMENTAL TO 15
AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD 16
BE APPROPRIATED FOR THE PROGRAMS. 17
Article – State Finance and Procurement 18
6–226. 19
(a) (2) (i) This paragraph does not apply in fiscal years 2024 through 2028. 20
(ii) Notwithstanding any other provision of law, and unless 21
inconsistent with a federal law, grant agreement, or other federal requirement or with the 22
terms of a gift or settlement agreement, net interest on all State money allocated by the 23
State Treasurer under this section to special funds or accounts, and otherwise entitled to 24
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 25
Fund of the State. 26
(iii) The provisions of subparagraph (ii) of this paragraph do not 27
apply to the following funds: 28
212. the Department of Social and Economic Mobility Special 29
Fund; [and] 30
6 SENATE BILL 432
213. the Population Health Improvement Fund; AND 1
214. THE CLIMATE CRIMES ACCOUNTABILITY FUND. 2
Article – State Government 3
6–106.2. 4
(a) This section applies to: 5
(1) an action brought or asserted by the State arising from or related to 6
alleged or threatened injuries to the environment, infrastructure, or the natural resources 7
of the State associated with the allision between the vessel known as the Dali and the 8
Francis Scott Key Bridge on March 26, 2024; AND 9
(2) ANY ACTION BROUGHT B Y THE ATTORNEY GENERAL UNDER § 10
1–307 OF THE ENVIRONMENT ARTICLE. 11
(b) (1) In this section the following words have the meanings indicated. 12
(2) “Proportionate share of liability” means the percentage of comparative 13
responsibility assigned by a judge or jury to a settling party in accordance with this section. 14
(3) “Responsible person” means a person alleged to be liable in an action 15
governed by this section. 16
(c) In an action governed by this section, the judge or jury shall: 17
(1) make a determination of the total liability, including damages, costs, 18
and any other available relief; 19
(2) assign comparative responsibility to each party joined in the actio n, 20
including all defendants, third–party defendants, intervenors, and any other named party, 21
based on the party’s relative degree of fault or responsibility for the total liability; and 22
(3) if equity requires, determine the liability of a group of relat ed persons 23
on a collective basis. 24
(d) If the State has not obtained complete relief from a responsible person who 25
has resolved the person’s liability to the State in a settlement of an action governed by this 26
section, the State may: 27
(1) continue to pursue an action against any other responsible person who 28
has not resolved the person’s liability to the State; or 29
SENATE BILL 432 7
(2) bring a new action against any other responsible person who has not 1
resolved the person’s liability to the State. 2
(e) Notwithstanding any other provision of State law: 3
(1) the Maryland Uniform Contribution Among Joint Tort –Feasors Act 4
under Title 3, Subtitle 14 of the Courts Article does not apply to an action governed by this 5
section; 6
(2) if a responsible person resolves the per son’s liability to the State in a 7
settlement of an action governed by this section, the person may not be liable for claims for 8
noncontractual contribution or indemnity regarding any action or claim resolved in the 9
settlement; and 10
(3) a settlement of an action governed by this section that resolves the 11
liability of a responsible person: 12
(i) does not release from liability any other responsible person 13
except as specifically provided in the terms of the settlement; but 14
(ii) reduces the potential li ability of all other responsible persons 15
liable in whole or in part by the larger of: 16
1. the settling person’s proportionate share of liability; or 17
2. the amount the settling person pays to settle the action. 18
(f) This section may not be construed to: 19
(1) impair any express contractual rights; 20
(2) create new types of actions or claims; 21
(3) alter the burden of proof, causation standard, or elements of an action 22
or claim governed by this section; or 23
(4) grant authority to the State or the Attorney General to bring actions or 24
claims not otherwise authorized by law. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26
1, 2026. 27