Bill Text: CA SB1161 | 2015-2016 | Regular Session | Amended
Bill Title: Statutes of limitation: California Climate Science Truth and Accountability Act of 2016.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-11-30 - Died on the inactive file. [SB1161 Detail]
Download: California-2015-SB1161-Amended.html
BILL NUMBER: SB 1161 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 10, 2016
AMENDED IN SENATE MARCH 29, 2016
INTRODUCED BY Senator Allen
( Coauthors: Senators
Jackson and Leno )
FEBRUARY 18, 2016
An act to add Section 342.5 to the Code of Civil Procedure,
relating to statutes of limitation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1161, as amended, Allen. Statutes of limitation: California
Climate Science Truth and Accountability Act of 2016.
Existing law requires an action alleging unfair competition, as
defined, to be commenced within 4 years after the cause of action
accrued.
This bill would, for actions brought by the Attorney General or
certain public prosecutors, a
district attorney, extend the time period for the
commencement of revive an action for unfair
competition with respect to scientific evidence regarding the
existence, extent, or current or future impacts of
anthropogenic induced anthropogenic-induced
climate change to within 30 years of an act giving rise to
the cause of action. The bill would revive actions that
are time-barred is time barred as of
January 1, 2017, as specified. and woul
d authorize the action to be brought within 4 years of that
date.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
California Climate Science Truth and Accountability Act of 2016.
SEC. 2. (a) The Legislature finds and declares all of the
following:
(1) There is broad scientific consensus that anthropogenic global
warming is occurring and changing the world's climate patterns, and
that the primary cause is the emission of greenhouse gases from the
production and combustion of fossil fuels, such as coal, oil, and
natural gas.
(2) The United States Environmental Protection Agency (USEPA)
states that the buildup of atmospheric greenhouse gases results in
impacts that include the following:
(A) Changing temperature and precipitation patterns.
(B) Increases in ocean temperatures, sea level, and acidity.
(C) Melting of glaciers and sea ice.
(D) Changes in the frequency, intensity, and duration of extreme
weather events.
(E) Shifts in ecosystem characteristics, such as the length of the
growing season, timing of flower blooms, and migration of birds.
(F) Increased threats to human health.
(3) Impacts and damages from emissions of greenhouse gases that
cause climate change have been occurring for many years and will be
felt from decades to centuries after those emissions have occurred.
The USEPA states, " b]ecause many of the major greenhouse gases
stay in the atmosphere for tens to hundreds of years after being
released, their warming effects on the climate persist over a long
time and can therefore affect both present and future generations."
(4) Reports and documentation published by researchers, public
interest nongovernmental organizations, and media in recent years
show that some fossil fuel companies were aware by the late 1970s of
scientific studies showing that carbon dioxide emissions from fossil
fuel combustion pose significant risk of harmful global warming. The
reports and documents also indicate that by the mid-1980s fossil fuel
company scientists were confirming in internal documents intended
for company management that emissions from fossil fuel
fuels were contributing significantly to climate
change, and companies were factoring global warming into their own
business investments.
(5) By 1988, the scientific evidence of climate change and the
significant risks it poses was widely communicated to the public and
was confirmed in congressional testimony by the National Aeronautics
and Space Administration (NASA). In that year, the United Nations
formed the Intergovernmental Panel on Climate Change and the federal
National Energy Policy Act of 1988 (House Resolution 5380, 100th
Congress) was introduced in Congress in an effort to reduce the
emissions of greenhouse gases. Because of the highly public
dissemination of information, congressional discussion, and extensive
media coverage of the robust scientific evidence of the risks of
continued burning of fossil fuel products, major fossil fuel
producers knew or should have known the risks of continued burning of
their products by 1988.
(6) More than half of all industrial carbon emissions have been
released since 1988, after the fossil fuel businesses knew of the
harm their products might cause, and have substantially increased
risks from climate change impacts to life, health, and property.
(7) Since at least 1989, published reports indicate that some of
these same entities have put sustained and significant efforts and
resources into creating public doubt on the science related to
climate change caused by anthropogenic sources.
(8) Misleading and inaccurate information disseminated by
organizations and representatives backed by fossil fuel companies,
along with advertising and publicity casting doubt on scientific
understanding of climate change, have led to confusion, disagreement,
and unnecessary controversy over the causes of climate change and
the effects of emissions of greenhouse gases. This type of
misinformation, widely and broadly disseminated in the media, has
long delayed public understanding of the risks of continuing to emit
high levels of greenhouse gases, confused and polarized the public on
the need to aggressively reduce emissions to limit risks from
climate change, and increased damage to public safety, health, and
property in California as well as nationally and globally.
(9) Scientific studies indicate that climate change impacts are
occurring in California, causing significant damage to the economy,
environment, and public health. In a 2013 report on climate change
indicators, the Office of Environmental Health Hazard Assessment
found that California is already experiencing serious and measurable
impacts from atmospheric warming in the state's weather, water
systems, high wildfire frequency and intensity, plant and animal
species health, and human health and morbidity.
(10) Climate change has been tied by scientists to the severity
and intensity of the historically unprecedented and costly drought
that California has been experiencing since 2011 that has resulted in
communities running out of water, agricultural water cutbacks, and
unprecedented groundwater use that has caused subsidence and a loss
of storage capacity in the state's critical aquifers.
(11) An independent bipartisan report, published in 2014,
indicates that, by 2050, California will be suffering economic losses
of tens of billions of dollars due to climate change-related impacts
and that heat-related deaths could be twice the number of current
traffic-related deaths annually by the late 21st century.
(b) It is the intent of the Legislature to retroactively revive
and extend the statute of limitation for actions that may or may not
be barred by the applicable statute of limitation existing before
January 1, 2017, and that seek redress for unfair
competition practices committed by entities that have deceived,
confused, or misled the public on the risks of climate change or
financially supported activities that have deceived, confused, or
misled the public on those risks.
SEC. 3. Section 342.5 is added to the Code of Civil Procedure, to
read:
342.5. (a) (1) Notwithstanding Section 17208 of the Business and
Professions Code, an action may be brought
pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code against a
corporation, firm, partnership, joint stock company, association, or
other organization of persons that has directly or indirectly engaged
in unfair competition, as defined in Section 17200 of the Business
and Profession Professions Code, with
respect to scientific evidence regarding the existence, extent, or
current or future impacts of anthropogenic induced
anthropogenic-induced climate change if the
action is commenced within 30 years of an act giving rise to the
cause of action. that would otherwise be barred as of
January 1, 2017, solely because the statute of limitation has or had
expired, is revived and, in that case, the action may be commenced
within four years of January 1, 2017. Nothing in this subdivision
shall be construed to alter the applicable limitation period of an
action that is not time barred as of January 1, 2017.
(2) Actions that are otherwise barred as of January 1, 2017,
solely because the statute of limitation specified in Section 17208
of the Business and Professions Code has or had expired are revived
to the extent that the actions are commenced within 30 years of an
act giving rise to the cause of action.
(3)
(2) Paragraph (2) (1)
does not apply to an action against an entity who is a party
to a prior action brought to enforce a cause of action pursuant to
Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of
the Business and Professions Code actions alleging
claims described in paragraph (1) for which a final and
nonappealable judgment has been rendered.
(b) This section applies only to actions brought by the Attorney
General, General or a district
attorney, or a city attorney of a city having a population in excess
of 750,000. attorney.
