SB 982 California Senate · 2025-2026 Regular Session

Climate disasters: civil actions.

Summary

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.

Issues: ✓ Environment

Bill status died 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 4, 2026 Last action Apr 23, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

02/04/26 - Introduced → 04/06/26 - Amended Senate · 8 edits · Apr 6, 2026

MODERATE

The amended version of SB 982 makes several significant substantive changes: it renames 'responsible party' to 'covered entity,' adds a temporal limitation restricting recovery to climate-attributable damage occurring on or after January 1, 2016, introduces market share liability principles for determining proportionate responsibility among fossil fuel companies, and adds an entirely new provision prohibiting covered entities from passing litigation costs through to California consumers via gasoline and motor fuel prices. The bill also expands legislative findings to include 'climate redlining' and fossil fuel companies' market control in California.

Scope change

The bill's scope is narrowed in one important way (temporal limitation to damage on or after January 1, 2016) while being broadened in others (market share liability framework allows pursuing multiple companies proportionally rather than requiring proof of individual causation; new price pass-through prohibition extends enforcement beyond the initial civil action). The rename from 'responsible party' to 'covered entity' and the exclusion of used/recycled oil products slightly narrow who and what is covered.

SCOPE

The term 'responsible party' is replaced throughout with 'covered entity,' a narrower-sounding label that may affect how the bill is perceived legally and politically.

A temporal limitation is added: the Attorney General may only recover climate-attributable damage occurring on or after January 1, 2016. The introduced version had no such date restriction.

New legislative findings are added addressing 'climate redlining' (disparate impact of market withdrawals on communities of color), fossil fuel companies' century-long presence and market control in California due to lack of pipeline connections to other regions, and their record profits during periods of severe climate disasters.

Recovery scope is slightly broadened from 'losses suffered by' to 'costs and losses suffered/incurred by' for both the FAIR Plan Association and insurance policyholders.

REQUIREMENT

A new subsection (3508.5.1(d)) allows courts and juries to use market share and alternate liability principles to determine proportionate liability. Covered fossil fuel products are declared a 'fungible product class.' Market share is determined by worldwide market capitalization or annual revenue. International entities not subject to state jurisdiction are excluded from the 'substantial percentage' threshold. Covered entities may cross-complain or implead other parties.

Strict liability language is strengthened from 'shall be strictly liable' to 'Notwithstanding any other law, a covered entity shall be strictly liable without regard to fault,' making the provision more explicit that it overrides other legal standards.

ENFORCEMENT

An entirely new section (3508.5.1.5) makes it an unlawful business practice for a covered entity or affiliated entity to pass through to California consumers, via gasoline or motor fuel prices, any costs incurred in connection with a civil action under this part. The prohibition lasts for the duration of the action or 24 months after final judgment or settlement, whichever is longer. A narrow exception exists if the entity proves the price increase is directly attributable to supplier or labor/material costs and is no more than 10 percent above pre-filing cost.

DEFINITION

The definition of 'fossil fuel product' is renamed to 'covered fossil fuel product' and now explicitly excludes used oil and recycled oil products as defined in the Health and Safety Code and Public Resources Code.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 23, 2026

Committee

April 22 set for first hearing. Failed passage in committee. (Ayes 3. Noes 2. Page 4011.)

upper

Apr 21, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on INS. (Ayes 9. Noes 2. Page 3977.) (April 21). Re-referred to Com. on INS.

upper

Apr 15, 2026

Committee

April 14 set for first hearing. Failed passage in committee. (Ayes 6. Noes 2. Page 3868.) Reconsideration granted.

upper

Apr 6, 2026

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

upper

Feb 11, 2026

Committee

Referred to Coms. on JUD. and INS.

upper

Feb 4, 2026

Introduced

Introduced. Read first time. To Com. on RLS. for assignment. To print.

upper

1 primary · 13 co-sponsors