Over a hundred NY elected officials urged passage of new Superfund law that makes fossil fuel companies pay for climate crisis damagesand other states
January 8, 2025
By Ramona Cornell du Houx
Climate change extreme weather is happening more often with catastrophic veracity, costing lives and economic upheaval. Between 2011 and 2021, New York was hit by 16 major climate related disasters prompting official declarations. No region was spared. But when the $17 billion FEMA funds allocated to help the communities hit by extreme weather due to the climate crisis ran out, many communities were forced to seek additional help from local and/or state government. Too often taxes increased to cover the additional costs.
Reports show each region in New York State would face millions of dollars in climate costs, totaling more than $2 billion. Repairing from and preparing for extreme weather caused by the climate crisis would cost more than half a trillion dollars statewide by 2050.
The landmark Climate Change Superfund Act shifts a portion of the cost of climate adaptation from everyday New Yorkers to the fossil fuel companies most responsible for the pollution. The Superfund Act, signed into law by Governor Kathy Hochul on December 26, 2024, mandates that the companies responsible for the bulk of carbon emissions buildup between 2000 and 2024 pay about $3 billion each year for 25 years. The collected funds will go into a state fund that will be used to fix infrastructure, restore ecosystems and treat injuries. The Act creates a Climate Change Adaptation Cost Recovery Program to ensure that these companies contribute to the funding of critical infrastructure investments, such as coastal protection and flood mitigation systems, to enhance the climate resilience of communities across New York state.
The legislation was supported by over 240 environmental, faith, civic, and labor groups, including the lawmaker group — Elected Officials to Protect America (EOPA). Over 100 elected officials from across New York called on Governor Kathy Hochul to sign the Climate Change Superfund Act into law with an Elected Officials to Protect America (EOPA) New York sign on letter.
“Taxpayers should never have to pay billions of dollars for climate crisis disasters brought on because of the deceitful oil and gas industry. Big Oil racked $281 billion since the Russian invasion of Ukraine began in February 2022. During that time too many people in New York were struggling to keep their homes heated,” said Dominic Frongillo, EOPA Executive Director and Co-Founder, Fmr. Councilmember & Deputy Supervisor Caroline, New York. “The Superfund Act makes the multinational fossil fuel companies that are responsible for and profiting from the climate emergency start paying their fair share. Now communities across the state will know they will be more secure if and when a climate disaster happens. More than 100 elected officials across the state joined Elected Officials to Protect America in urging passage of the Climate Change Superfund Act. We’re grateful for the leadership of New York State for this groundbreaking victory for accountability, fairness, and environmental justice. With the State of New York being the 10th largest economy in the world, EOPA sees this law becoming a model for states across the nation.”
The law is projected to pave the way for similar accountability legislation in other states. Passage of the Climate Change Superfund Act could make it easier to pass similar legislation as soon as next year in Maryland, Massachusetts, New Jersey and California. The federal Polluters Pay Climate Fund Act has stalled in Congress.
As of February of 2024, the world’s five largest listed oil companies have made profits of more than a quarter of a trillion dollars since Russia’s invasion of Ukraine led to dramatic increases in energy prices and household bills. BP, Shell, Chevron, ExxonMobil and TotalEnergies – raked in $281 billion since the war began in February 2022, according to Global Witness.
“In Albany County, riverfront communities are at risk from rising sea levels and increased flooding. Every year climate related weather disasters take lives, uproot families and destroy businesses. While no sum can ever cover the emotional costs, people need the security to recover knowing the state has their back and won’t raise taxes on them to pay for a situation that never should have happened,” said Bill Reinhardt, Albany County Legislator, EOPA New York Leadership Council Co-Chair. “Big Oil’s own research has shown they knew the potential harm their products would cause, yet they did nothing to stop it. With the Superfund Act every time a climate disaster happens, they will have to pay for what they’ve caused. With the Superfund Act, New York continues to show it is leading the nation in climate resilience and environmental justice.”
The biggest fossil fuel corporations have fueled the climate crisis for decades, despite knowing the probable consequences.
“For too long, fossil fuel corporations have reaped enormous profits while knowingly lying about the catastrophic risks of their products. These companies distorted the truth and blocked meaningful climate action, all while New Yorkers have continued to bear the mounting costs of climate disasters. We urgently need resources to upgrade our infrastructure, protect vulnerable residents, and build resilience against the intensifying storms and heatwaves,” said Susan Hughes-Smith, Monroe County legislator who serves on Monroe’s Climate Action Plan Advisory Committee, EOPA New York Leadership Council Member. “Now we have the common-sense Superfund Act that requires the fossil fuel companies most responsible for the climate crisis to pay for adaptation and mitigation efforts that include protecting coastal areas, establishing heating and cooling centers, improving stormwater systems, upgrading infrastructure, and retrofitting for energy efficiency and resilience. Once again New York is leading the way holding polluters accountable.”
The Chairman of the Long Island Regional Planning Council in 2023 estimated the cost of climate-adaptive infrastructure improvements for Long Island at between $75 and $100 billion.
“As an elected official, it is my responsibility to protect my town and constituents. East Hampton is a small municipality and one of the most vulnerable coastal towns in New York State. We have been hit by the impacts of the climate crisis and its economic burden. We must also plan for what is to come,” said Cate Rogers, Deputy Supervisor, Town of East Hampton, EOPA New York Leadership Council Member. “To stay under the 2 percent NYS tax cap, we must protect our taxpayers from escalating climate damages that may become overwhelming. That’s why the Climate Change Superfund Act is a lifeline. Local governments need funding to prepare for worsening storms, sea level rise, and heatwaves. Now that funding burden falls directly on the polluting Big Oil companies that are responsible for the climate emergency — not our taxpayers.”
According to a survey of New York local governments conducted by New York State Comptroller Tom DiNapoli, over a ten-year period (the last five since 2024 and next five years), 55 percent of New York localities’ municipal spending outside of New York City was or will be related to climate change.
The Climate Change Superfund Act was modeled on the original Superfund law, which was established in 1980 and requires companies to pay for the cleanup of toxic waste wrought by incidents like oil and chemical spills.The oil and gas companies threatened that prices would rise statewide if the Superfund Act was enacted. However, many economists have noted that since fees are based on past emissions, and oil prices are set by a global market, future prices should not be affected.
Vermont approved a similar bill in mid-2024.