NY State Senate Bill S9612

Archive: Last Bill Status - In Senate Committee Rules Committee

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In Committee
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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

 
BILL NUMBER: S9612

SPONSOR: MYRIE
 
TITLE OF BILL:

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

 
PURPOSE:

To create climate negligence for dangers to safety and health caused by
certain fossil fuel-related activity.

 
SUMMARY OF PROVISIONS:

Section one amends the general business law, adding new article 20-B.

Article 20-B:

§ 328 defines several terms that appear in the bill including "fossil
fuel industry member", "qualified product", "reasonable controls and

procedures", "knowingly", "recklessly", "deceptive acts or practices",
and "false advertising".

§ 328-a provides that no fossil fuel industry member, as that term is
defined in the bill, shall knowingly or recklessly create or contribute
to a condition that endangers the safety or health of the public by
extracting, storing, transporting, refining, importing, reporting,
producing, manufacturing, distributing. compounding, marketing, or sale
of a "qualified product".

328-b declares that a violation of the new article that results in any
harm shall be deemed climate negligence regardless of when the underly-
ing conduct occurred.

328-c prohibits governmental enforcement.

328-d provides that any person, firm, corporation, or association that
has been damaged as a result of a fossil fuel industry member's acts or
omissions in violation of this article shall be entitled to bring an
action for recovery of damages.

Section two provides a severability clause.

Section three provides the effective date.

 
JUSTIFICATION:

Since 1751, only 90 entities have made up 63 percent of the carbon diox-
ide and methane emitted into the Earth's atmosphere. All 90 entities are
greenhouse gas industry members or producers. Today, the world collec-
tively emits around 50 billion tons of CO2e each year - 40% higher than
emissions in 1990. This negligence poses specific harm to all New York-
ers, especially those in black and brown communities. Individuals who
live in historically underserved neighborhoods are 34 percent more like-
ly to experience childhood asthma, and 40 percent more likely to die
from extreme temperatures.

Fossil fuel industry members have known for decades that their products
overwhelmingly contributed to and accelerated climate change, yet they
have and continue to lie about this fact to the public. In 1977, a
scientist for a fossil fuel industry member detailed to the company's
top executives that fossil fuel usage was releasing enough carbon diox-
ide to change the planet's climate. Two years later, an internal memo
noted that the increasing concentration of carbon dioxide in the atmos-
phere would, "bring about dramatic changes in the world's environment".

Despite this early revelation and recognition, since 1988, several
members of the fossil fuel industry have maintained an extensive
campaign of misinformation and climate denial. Instead of transparency,
fossil fuel industry members have used their profits to deceive the
public in order to continue the production of fossil fuels.

There is no credible debate on the effects of climate change. The oil
and gas industry, having finally ceded this fact has fought accountabil-
ity in the courts in a myriad of ways, including keeping actions out of
state court, or claiming that their decades of deception to the public
on the true impact of their products was "political speech" meant to
influence government decisions. This bill aims to hold them accountable
on both fronts.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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.

                                                            LBD16368-03-2
 S. 9612                             2
 
 CASINGHEAD GASOLINE, NATURAL-GAS GASOLINE, KEROSENE, BENZINE, WASH  OIL,
 WASTE  OIL, BLENDED GASOLINE, LUBRICATING OIL, AND BLENDS OR MIXTURES OF
 OIL WITH ONE OR MORE LIQUID PRODUCTS OR BYPRODUCTS DERIVED FROM  OIL  OR
 GAS.
   (D)  ANY  PHYSICAL  WASTE GENERATED IN THE EXTRACTING, STORING, TRANS-
 PORTING, REFINING, IMPORTING, PRODUCING, MANUFACTURING, DISTRIBUTING, OR
 COMPOUNDING A QUALIFIED PRODUCT DEFINED IN PARAGRAPHS (A),  (B),  AND/OR
 (C)  OF THIS SUBDIVISION WHICH CONTAINS OR IS CONTAMINATED BY ANY QUALI-
 FIED PRODUCT DEFINED IN PARAGRAPHS (A), (B), AND/OR (C) OF THIS SUBDIVI-
 SION OR ANY SUBSTANCE APPEARING ON A LIST WITHIN REGULATIONS PROMULGATED
 BY THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION  PURSUANT  TO  SECTION
 37-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   3.  "REASONABLE  CONTROLS  AND  PROCEDURES"  SHALL  MEAN POLICIES THAT
 INCLUDE, BUT ARE NOT LIMITED TO: (A) INSTITUTING BUSINESS  PRACTICES  TO
 PREVENT  POLLUTION  IN  NEW YORK STATE, INCLUDING BUT NOT LIMITED TO THE
 RELEASE OF GREENHOUSE GASES WHICH CONTRIBUTE TO CLIMATE CHANGE AND EMIS-
 SIONS WHICH CONTRIBUTE TO ADVERSE HEALTH  IMPACTS;  AND  (B)  PREVENTING
 DECEPTIVE  ACTS AND PRACTICES AND FALSE ADVERTISING AND OTHERWISE ENSUR-
 ING COMPLIANCE WITH ALL PROVISIONS OF ARTICLE TWENTY-TWO-A OF THIS CHAP-
 TER. ACTS OR PRACTICES RELATED TO ENVIRONMENTAL COMMITMENT, PERFORMANCE,
 OR SUSTAINABILITY SHALL ALSO BE SUBJECT TO THIS SUBDIVISION AND SHALL BE
 CLEAR, OBJECTIVE, AND VERIFIABLE. THE NET IMPRESSION OF  SUCH  ACTS  AND
 PRACTICES  SHALL  NOT  MISLEAD A REASONABLE PERSON ABOUT THE FOSSIL FUEL
 INDUSTRY MEMBER'S ENVIRONMENTAL COMMITMENT, PERFORMANCE, OR SUSTAINABIL-
 ITY.  THIS SUBDIVISION MAY NOT BE CONSTRUED TO IMPOSE LIABILITY  ON  ANY
 SPEECH  OR CONDUCT PROTECTED BY THE FIRST AMENDMENT OF THE UNITED STATES
 CONSTITUTION, AS MADE APPLICABLE TO THE STATES THROUGH THE UNITED STATES
 SUPREME COURT'S INTERPRETATION OF THE FOURTEENTH AMENDMENT OF THE UNITED
 STATES CONSTITUTION.
   4. THE TERMS "KNOWINGLY" AND "RECKLESSLY" SHALL HAVE THE SAME  MEANING
 AS DEFINED IN SECTION 15.05 OF THE PENAL LAW.
   5.  "DECEPTIVE  ACTS OR PRACTICES" SHALL MEAN THOSE ACTS AND PRACTICES
 WHICH ARE UNLAWFUL PURSUANT TO ARTICLE TWENTY-TWO-A OF THIS CHAPTER.
   6. "FALSE ADVERTISING" SHALL HAVE THE SAME MEANING AS DEFINED IN ARTI-
 CLE TWENTY-TWO-A OF THIS CHAPTER.
   § 328-A. FOSSIL FUEL INDUSTRY MEMBER OBLIGATIONS. 1.  NO  FOSSIL  FUEL
 INDUSTRY  MEMBER  SHALL  KNOWINGLY  OR  RECKLESSLY  CREATE,  MAINTAIN OR
 CONTRIBUTE TO A CONDITION IN NEW YORK STATE THAT ENDANGERS THE SAFETY OR
 HEALTH OF THE PUBLIC, WHETHER DIRECTLY OR INDIRECTLY,  THROUGH  EXTRACT-
 ING,  STORING,  TRANSPORTING, REFINING, IMPORTING, EXPORTING, PRODUCING,
 MANUFACTURING, DISTRIBUTING, COMPOUNDING,  MARKETING,  OR  OFFERING  FOR
 WHOLESALE OR RETAIL SALE, A QUALIFIED PRODUCT.
   2.  EACH FOSSIL FUEL INDUSTRY MEMBER IN NEW YORK STATE SHALL ESTABLISH
 AND UTILIZE REASONABLE CONTROLS AND PROCEDURES TO PREVENT ITS  QUALIFIED
 PRODUCTS FROM CREATING, MAINTAINING OR CONTRIBUTING, WHETHER DIRECTLY OR
 INDIRECTLY,  TO  A CONDITION IN NEW YORK STATE THAT ENDANGERS THE SAFETY
 OR HEALTH OF THE PUBLIC INCLUDING, BUT NOT LIMITED TO, CLIMATE CHANGE.
   § 328-B. CLIMATE NEGLIGENCE. 1. A VIOLATION OF SECTION  THREE  HUNDRED
 TWENTY-EIGHT-A OF THIS ARTICLE IS HEREBY DECLARED TO BE A CLIMATE NEGLI-
 GENCE.
   2. ANY HARM CAUSED BY AN ACTION TAKEN BY A FOSSIL FUEL INDUSTRY MEMBER
 SHALL  BE  DEEMED  CLIMATE  NEGLIGENCE REGARDLESS OF WHEN THE UNDERLYING
 CONDUCT CREATING THE NUISANCE OCCURRED.
   § 328-C. GOVERNMENTAL ENFORCEMENT PROHIBITED. WHENEVER THERE SHALL  BE
 A VIOLATION OF THIS ARTICLE, NO PERSON OR ENTITY ACTING ON BEHALF OF THE
 STATE  OR  ANY POLITICAL SUBDIVISION THEREOF MAY BRING, OR INTERVENE IN,
 S. 9612                             3

 AN ACTION IN ANY COURT TO ENJOIN AND/OR RESTRAIN SUCH  VIOLATION  OR  TO
 OBTAIN RESTITUTION OR DAMAGES UNDER THIS ARTICLE. THIS SECTION SHALL NOT
 PROHIBIT  ANY  PERSON  OR ENTITY, INCLUDING A PERSON OR ENTITY ACTING ON
 BEHALF  OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, FROM BRINGING
 AN ACTION UNDER ANY OTHER PROVISION OF LAW NOR  SHALL  IT  PROHIBIT  ANY
 PERSON OR ENTITY ACTING ON BEHALF OF THE STATE OR ANY POLITICAL SUBDIVI-
 SION  THEREOF  FROM FILING AN AMICUS CURIAE BRIEF IN AN ACTION INVOLVING
 AN ALLEGED VIOLATION OF THIS ARTICLE.
   § 328-D. PRIVATE RIGHT OF ACTION. EXCEPT AS DESCRIBED IN SECTION THREE
 HUNDRED TWENTY-EIGHT-C OF THIS ARTICLE, ANY PERSON, FIRM, CORPORATION OR
 ASSOCIATION THAT HAS BEEN DAMAGED AS A RESULT OF A FOSSIL FUEL  INDUSTRY
 MEMBER'S  ACTS  OR OMISSIONS IN VIOLATION OF THIS ARTICLE SHALL BE ENTI-
 TLED TO BRING AN ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE THIS ARTI-
 CLE IN:
   1. THE COUNTY IN WHICH ALL OR A SUBSTANTIAL  PART  OF  THE  EVENTS  OR
 OMISSIONS GIVING RISE TO THE CLAIM OCCURRED;
   2.  THE  COUNTY OF RESIDENCE FOR ANY ONE OF THE NATURAL PERSON DEFEND-
 ANTS AT THE TIME THE CAUSE OF ACTION ACCRUED;
   3. THE COUNTY OF THE PRINCIPAL OFFICE IN THIS STATE OF ANY ONE OF  THE
 DEFENDANTS THAT IS NOT A NATURAL PERSON; OR
   4.  THE  COUNTY  OF  RESIDENCE  FOR  THE CLAIMANT IF THE CLAIMANT IS A
 NATURAL PERSON RESIDING IN THIS STATE.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S9612

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

S9612 (ACTIVE) - Details

S9612 (ACTIVE) - Summary

S9612 (ACTIVE) - Sponsor Memo

S9612 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S9612

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Sponsored By

Zellnor Myrie

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

S9612 (ACTIVE) - Details

S9612 (ACTIVE) - Summary

S9612 (ACTIVE) - Sponsor Memo

S9612 (ACTIVE) - Bill Text download pdf

Comments