senate Bill S9612

2021-2022 Legislative Session

Creates climate negligence for dangers to safety and health caused by certain fossil fuel related activity

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 09, 2022 referred to rules

S9612 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add Art 20-B §§328 - 328-d, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S212

S9612 (ACTIVE) - Summary

Creates climate negligence for dangers to safety and health caused by knowingly or recklessly creating, maintaining or contributing to a condition that causes such danger; creates a private right of action.

S9612 (ACTIVE) - Sponsor Memo

S9612 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9612
 
                             I N  S E N A T E
 
                             December 9, 2022
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  general  business  law,  in  relation  to  creating
   climate  negligence for dangers to safety and health caused by certain
   fossil fuel related activities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 20-B to read as follows:
                               ARTICLE 20-B
                       FOSSIL FUEL RELATED ACTIVITIES
 SECTION 328.   DEFINITIONS.
         328-A. FOSSIL FUEL INDUSTRY MEMBER OBLIGATIONS.
         328-B. CLIMATE NEGLIGENCE.
         328-C. GOVERNMENTAL ENFORCEMENT PROHIBITED.
         328-D. PRIVATE RIGHT OF ACTION.
   § 328. DEFINITIONS.  FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "FOSSIL FUEL INDUSTRY MEMBER" SHALL MEAN  A  PERSON,  FIRM,  CORPO-
 RATION,  COMPANY, PARTNERSHIP, SOCIETY, JOINT STOCK COMPANY OR ANY OTHER
 ENTITY OR ASSOCIATION WITH  TOTAL  ANNUAL  REVENUES  IN  EXCESS  OF  ONE
 BILLION  DOLLARS ENGAGED IN EXTRACTING, STORING, TRANSPORTING, REFINING,
 IMPORTING, EXPORTING, PRODUCING, MANUFACTURING, DISTRIBUTING,  COMPOUND-
 ING,  MARKETING,  OR  OFFERING FOR WHOLESALE OR RETAIL SALE, A QUALIFIED
 PRODUCT.
   2. "QUALIFIED PRODUCT" SHALL MEAN A FOSSIL FUEL PRODUCT INCLUDING, BUT
 NOT LIMITED TO:
   (A) CRUDE PETROLEUM OIL AND  ALL  OTHER  HYDROCARBONS,  REGARDLESS  OF
 GRAVITY,  THAT  ARE  PRODUCED AT THE WELLHEAD IN LIQUID FORM BY ORDINARY
 PRODUCTION METHODS.
   (B) NATURAL, MANUFACTURED, MIXED, AND BYPRODUCT HYDROCARBON GAS.
   (C) REFINED CRUDE OIL, CRUDE  TOPS,  TOPPED  CRUDE,  PROCESSED  CRUDE,
 PROCESSED CRUDE PETROLEUM, RESIDUE FROM CRUDE PETROLEUM, CRACKING STOCK,
 UNCRACKED  FUEL  OIL,  FUEL  OIL,  TREATED CRUDE OIL, RESIDUUM, GAS OIL,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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