The Franklin Reporter & Advocate Eight Villages, One Community
A bill that would hold fossil fuel companies liable for some damage to the state and its residents through climate change was supported by the Environmental Commission at its December 16 meeting.
The bill, of which state Sen. Robert Smith (D-17) is a prime Senate sponsor, is before that chamber’s Budget and Appropriations Committee.
The bill would “establish that certain fossil fuel companies are liable for certain damages caused to the State and its residents by the harmful effects of climate change,” according to the bill statement. “The bill would also establish a program in the Department of Environmental Protection (DEP) to collect compensatory payments from the fossil fuel companies and distribute them, in the form of grants, to climate change adaptation and resilience projects.”
“Specifically, the bill would apply to fossil fuel companies that fall under the definition of ‘responsible party’ established in the bill, namely an entity or a successor in interest to an entity that was engaged in the trade or business of extracting fossil fuel or refining crude oil and is determined by the DEP to be responsible for more than one billion metric tons of greenhouse gas emissions between January 1, 1995 (the year on which the first United Nations Conference of Parties climate change conference was held) and the last day of the calendar year on which the bill takes effect,” according to the statement.
The bill would require that within two years of its passage, the state Treasure calculate an assessment of the damages to the state and residents from greenhouse gases.
“The bill would establish that each responsible party is strictly liable for the damages, and would require each responsible party to make compensatory damages to the State,” according to the statement. “In addition, responsible parties that are in a ‘controlled group’ under certain federal laws specified in the bill (e.g. a parent corporation with one or more subsidiary corporations) would be jointly and severally liable for the damages. The DEP would then be required to calculate the proportional share of damages attributable to each responsible party, based on the proportion of total greenhouse gas emissions for which the party is responsible.”
“I thought that this resolution makes lots of sense,” Commissioner Stan Jaracz, who brought the resolution to the Commission, said.
Jaracz said the Commission should adopt a resolution supporting the legislation, and then pass it on to the Township Council and urge the Council to support the proposed bill, as well.
His proposal was unanimously adopted.
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