During "Flood Safety Awareness Week," NYPIRG Asks Who's Footing the Bill for Growing Flood Damages?

Climate Change Superfund Act in Senate One-House would put Big Oil, not NY taxpayers, on the hook for climate damages

ALBANY, NY (03/17/2023) (readMedia)-- Governor Hochul declared this week Flood Safety Awareness Week, with a campaign to educate New Yorkers about flood dangers and preparing for flooding emergencies. But with floods increasing due to climate change, she did not announce who in New York will be on the hook for the increasing costs. Blair Horner, Executive Director of NYPIRG, issued the following statement:

"It's good that Governor Hochul is prioritizing flood safety and preparedness, especially as flood risks increase because of climate change. But how does she plan to pay for the damages caused by worsening and more frequent floods? These costs will fall on taxpayers - the same taxpayers who should be focused on preparing their families and homes for floods - unless Governor Hochul holds Big Oil accountable. The Senate included a version of the Climate Change Superfund Act in their one-house budget. Governor Hochul and the Assembly must follow their lead and put it in the final."

Background

The Climate Change Superfund Act (S.2129 Krueger/A3351 Dinowitz) assesses the largest greenhouse gas emitters to pay $3 billion annually for the next 25 years to offset the expected tens of billions of dollars in expected climate damages that will have to be paid by state taxpayers and ratepayers. It's modeled on the existing toxics superfund law (which deals with land and drinking water contamination) that makes polluters financially responsible for the environmental damages that they have caused. These costs wouldn't fall back on consumers, according to an analysis from the think tank Institute for Policy Integrity at NYU Law.

2022 was a record profit year for big oil, with the top companies' combined profits reaching an astounding $376 billion. Those record profits allowed them to deliver unprecedented returns to shareholders while doing little to address the climate crisis they knew was coming, but did all they could to undermine climate action. Starting in the 1970s, scientists working for Exxon made "remarkably accurate projections of just how much burning fossil fuels would warm the planet." Yet for years, "the oil giant publicly cast doubt on climate science, and cautioned against any drastic move away from burning fossil fuels, the main driver of climate change."

Big Oil is at fault for climate change, and it can certainly afford the costs - which are uniquely necessary - and expensive - in New York. A new report from Rebuild by Design "Atlas of Disaster: New York State'' identifies the impacts of recent climate disasters across New York State at the county level, for the years 2011-2021. The data shows that every single county in New York has experienced a federal climate disaster between 2011-2021, with 16 having five or more disasters during that time. In that decade, more than 100 New Yorkers died as a result of climate-driven disasters. In 2022 that number grew exponentially when Winter Storm Elliot in Buffalo killed 39 people.

In a separate report, Rebuild by Design estimated that the climate costs to New York could be $55 billion by the end of this decade. Furthermore, the U.S. Army Corps of Engineers estimated that it would cost $52 billion to protect NY Harbor alone. And while storms get worse, sea levels are rising and groundwater poses a higher risk of flooding - and we don't even know how much yet. Clearly, New York is facing staggering – and growing – climate costs.

The Climate Change Superfund Act isn't just necessary – it's popular. According to a poll from Data for Progress, 89% of New Yorkers support fossil fuel companies covering at least some of the cost for climate damages. 200+ groups including key labor unions such as DC37 sent a letter to Senate Majority Leader Stewart-Cousins and Assembly Speaker Heastie urging them to include the bill in the one house budgets. In their letter, the groups write that the fossil fuel industry should be subject to the state's climate costs since their "decisions led to global warming; justice requires that they-not New York's other taxpayers-be financially responsible for the tragically enormous climate crisis impacts that they created."

Last year, a federal proposal to make polluters pay championed by U.S. Reps Bowman and Nadler (and U.S. Senator Van Hollen, MD) received support from over 40 members of the House of Representatives. But the proposal didn't make it through Congress, and NYS now has the opportunity to step in where the federal government has failed and be the first legislative body to enact such legislation. Three other states - Maryland, Massachusetts, and Vermont - are also considering similar legislation to make climate polluters pay.