California Polluters Pay Climate Superfund Act Passes First Assembly Committee

In a victory for climate justice advocates, the Assembly version of the Polluters Pay Climate Superfund Act passed out of its first California Assembly Committee, the Natural Resources Committee, in a 9-4 vote on the day before Earth Day.

Senator Caroline Menjivar (D- San Fernando Valley) and Assemblymember Dawn Addis (D- Morro Bay) introduced SB 684, the Senate version, and AB 1243, the Assembly version, on Feb. 21, 2025.  

The Polluters Pay Climate Superfund Act would require the largest fossil fuel corporations to pay for the climate devastation they have contributed to across California in proportion to their fossil fuel emissions from 1990 through 2024.

Vermont and New York have already enacted climate superfund laws, so California would be the third state to pass this type of legislation if the bill gets through the Legislature.

Over 120 Californians from an array of community, environmental and climate justice groups rallied outside of the committee hearing and then expressed support for the bill during public comment. 

“Longer, drier fire seasons, rising temperatures and extreme flooding are all stark reminders that Californians are already experiencing unprecedented devastation from fossil fuel driven climate change,” said Food & Water Watch California Director Nicole Ghio in a statement. “And everyday Californians are left footing the clean up bill after these climate disasters instead of the polluting industries that raked in billions in profits while denying and fueling the crisis.”

“California needs funds to prepare for and clean up after climate disasters,” Ghio stated. “But the Musk-Trump administration’s looting and privatization of public resources and politicization of relief means we cannot rely on support from the federal government when disaster strikes.”

“That’s why common sense legislation like the Polluters Pay Climate Superfund Act is vital for ensuring our state has the necessary resources to protect Californians from the ravages of climate change. We applaud the Assembly Natural Resource Committee for passing this important bill out of committee,” she concluded.  

Fatima Iqbal-Zubair, Legislative Affairs Manager, California Environmental Voters, also celebrated the bill’s passage out of the Assembly Committee in a statement:

“This is a common-sense victory, not just for climate justice but for affordability in California. Big Oil has made billions in profits while passing the true costs of their pollution onto our communities—costs measured in extreme wildfires, floods, worsening extreme heat, and lives lost.

We’re standing up for those who have been living with the consequences of climate inaction for far too long, especially low-income and communities of color who’ve shouldered the heaviest burden of the affordability crisis. By demanding these corporations pay their fair share, we’re delivering on equity, justice, and a future that works for everyone.”  

Over 50 elected officials announce support for bill

Then today, Earth Day, over 50 elected officials announced their support for the bill.

“There is a growing movement throughout California to make Big Oil companies pay for the damage they have inflicted upon communities as their products have contributed to the climate crisis,” according to Elected Officials to Protect America (EOPA). “For decades fossil fuels have fueled the climate crisis while Big Oil made astronomical profits. Just 57 companies are responsible for 80 percent of greenhouse gas emissions.”   

Several of these elected officials explained why passing this legislation is so critical in a time of increasing disasters resulting from the impact of fossil fuel-driven climate change in California and across the world.

“For too long, fossil fuel corporations have reaped enormous profits while lying about the catastrophic risks of their products. They’ve put profits over people for decades. It’s time for the rights of our people to come first and foremost,” said Meghan Sahli-Wells, Fmr. Mayor of Culver City, Elected Officials to Protect America California Director. “We must take action now to prepare and rebuild after these devastating events. The Polluters Pay Climate Superfund Act is a commonsense way for the state to tap into a small fraction of polluters’ profits, and collect our fair share to alleviate the financial burden.”

“Californians have lost their lives and property to the climate crisis, yet those fueling the flames with their fossil fuel products have raked in record profits. In 2024, U.S. oil and gas companies saw a surge in profits, with ExxonMobil’s revenue reaching $339.88 billion,” said San Ramon City Council Member Marisol Rubio, EOPA California and National Leadership Council Member. “Many communities like mine are experiencing financial uncertainty due to the rising cost of living, including insurance costs driven up by recent wildfires fueled by elevated atmospheric carbon dioxide. Fossil fuel combustion is a top contributor to these greenhouse gas emissions. The state has the power to redirect the financial burden away from its citizens and make Big Oil pay their fair share – as they should.” 

“For too long, fossil fuel corporations have reaped enormous profits while knowing about the catastrophic risks of their products. That’s why we need to start making Big Oil pay for the damages they’ve wrought with a California Superfund Law,” said Berkeley Council Member Igor A. Tregub, Elected Officials to Protect America (EOPA) California Leadership Council Member. “There is an enormous body of evidence of the devastation caused by rising emissions, including trillions of dollars in economic costs. This time is now for justice for our people with the Superfund Act.”

The next Assembly Committee hearing for AB 1243 is set for April 29 at 8 a.m. in the Senate Judiciary Committee at the State Capitol, Room 437.   

On April 2, the California Senate version of the Polluters Pay Climate Superfund Act, SB 684, passed out of the Senate Environmental Quality Committee in a 5-3 vote.    

The bill was originally set for the first hearing in the Senate Judiciary Committee on April 22, but it was cancelled at the request of the author.

The Polluters Pay Climate Superfund Act will:
• Direct CalEPA to complete a climate cost study to quantify total damages to the state (through 2045), caused by past fossil fuel emissions. 
• Direct CalEPA to identify responsible parties and assess compensatory fees on the largest fossil fuel polluters proportional to their fossil fuel emissions 1990 through 2024, to address damages quantified in the cost study.
• Fund California’s future. Fees collected will fund projects and programs to mitigate disaster related rate increases for Californians and remedy or prevent climate-related costs and harms. The bill prioritizes labor and job standards and dedicates at least 40% of the funds to benefit disadvantaged communities.

You can tell your legislators to pass the Polluters Pay Climate Superfund Act here:
https://actionnetwork.org/petitions/californians-make-polluters-pay  

Oil lobby spends record money to attack climate legislation

Bill advocates are gearing up for a big fight to pass SB 684 and AB 1243 this year, considering the millions of dollars that Big Oil spends every year to attack climate bills and other environmental legislation. 

The Western States Petroleum Association (WSPA), the oil industry’s trade organization, and other corporate lobbying groups led a successful campaign last year to stop the previous version of the bill, SB 1497, from moving forward in the Legislature.

WSPA and Big Oil are again opposing the passage of the legislation this year.

in a post on X on April 2, the Western States Petroleum Association (WSPA) wrote: “#SB684 strongly opposed by labor, local chambers of commerce and #CAWorkers.  Bill threatens jobs, affordability and future investment in California economy. #affordability#gasprices #costdriver #jobkiller”

“SB684 would increase costs on California consumers and businesses,” WSPA also claimed on X.   

The oil industry spent a total of $38 million in lobbying expenses in 2024, shattering by 31 percent the annual state lobbying record of $26.2 million set in 2017, according to an analysis by the Last Chance Alliance (LCA).

Spending by two organizations alone, the Western States Petroleum Association and Chevron, shattered the previous record, coming in at $31.6 million in 2024. WSPA and Chevron accounted for 83% of the industry’s expenditure.

The Western States Petroleum Association placed first in the Big Oil lobbying spending spree with $17.4 million, while Chevron came in second with $14.2 million.

CRC/Aera Energy took third place, spending $2.1 million in 2024. Marathon Petroleum placed fourth, spending $1.5 million, while Phillips 66 placed fifth, spending $876,563.

Big Oil crushed its two-year legislative session record as well, spending $65.8 million during the 2023-2024 legislative session. This far exceeds the $44.1 million spent during the 2017-2018 session, the LCA said.  

WSPA and the oil companies wield their power in 8 major ways: through (1) lobbying; (2) campaign spending; (3) serving on and putting shills on regulatory panels; (4) creating Astroturf groups; (5) working in collaboration with media; (6) sponsoring awards ceremonies and dinners, including those for legislators and journalists; (7) contributing to non profit organizations; and (8) creating alliances with labor unions, mainly construction trades.   

Big Oil lobbyists and CEOs have often served on state advisory and regulatory panels and commissions.

For example, Catherine Reheis-Boyd, the president and CEO of WSPA, served as the chair of the Marine Life Protection Act (MLPA) Initiative Blue Ribbon Task Force to create “marine protected areas” in Southern California waters from 2009 to 2012 at the same she was lobbying for new offshore drilling off the California Coast. She also served on the task forces to create “marine protected areas” on the Central Coast, North Central Coast and North Coast from 2004 to 2012.

Even more insidious is the WSPA’s sponsorship of dinners and awards ceremonies for journalists. WSPA was one of the “lede sponsors” of the Sacramento Press Club’s Annual Journalism Awards Reception on April 11, 2024. Sammy Roth of the Los Angeles Times won the “impact in journalism” award, while Doni Chamberlin of A News Cafe won the “courage in journalism” award.  

For my article exposing the Western States Petroleum Association's campaign to sponsor dinners and awards receptions for journalists, please read the link below. This is deep investigative journalism that  goes to the very root of the rot that infects our society: the capture of politicians, the regulatory agencies and media by Big Oil and other Big Money interests: www.dailykos.com/…

Polluters Pay Climate Fund reintroduced in Congress

Similar legislation to California’s climate superfund bill has been reintroduced in Congress. On Feb. 7, Jerry Nadler (D-NY) and Judy Chu (D-CA) reintroduced the Polluters Pay Climate Fund Act, legislation to require the biggest polluters to “begin paying their fair share” to confront the climate crisis: nadler.house.gov/...

“The Members’ legislation requires the largest U.S.-based fossil fuel extractors and oil refiners and foreign-owned companies doing business in the U.S. to pay into a $1 trillion Polluters Pay Climate Fund, with their contributions based on a percentage of their global emissions. The Fund would then be used to finance a wide range of efforts to tackle the impacts of climate change,” according to a press release from Nadler’s Office.