Scott Wiener

Existing law gives a person the right of protection from bodily harm and the right to possess and use property. If a person suffers bodily harm or a loss of their property because of the unlawful act or omission of another, existing law authorizes them to recover compensation from the person at fault, which is known as damages. Existing law authorizes the Attorney General to bring various civil actions due to damage or loss.

This bill would authorize the Attorney General to bring a civil action against specified fossil fuel companies for climate-attributable damage to recover costs and losses suffered by the California FAIR Plan Association, funds borrowed from the California Infrastructure and Economic Development Bank, or costs and losses incurred by insurance policyholders. The bill would make those companies strictly liable without regard to fault for any relief granted. The bill would authorize the court and jury to use market share and alternate liability principles to determine proportionate liability of those companies for the climate-attributable damage, as described.

This bill would make it an unlawful business practice for the company or affiliated entity to recover from California consumers, through retail or wholesale prices, charges, fees, surcharges, or any other adjustment to the price of gasoline or other motor fuels, for any costs and expenses incurred in connection with such a civil action, as defined.

This bill would create the Attorney General Climate Disaster Fund into which the monetary relief recovered by the Attorney General would be deposited, and would set forth specified uses for the account upon appropriation by the Legislature. The bill would make related findings and declarations.