New Jersey 2026-2027 Regular Session

New Jersey Senate Bill S2338

Introduced
1/13/26  

Caption

"Climate Superfund Act"; imposes liability on certain fossil fuel companies for certain damages caused by climate change and establishes program in DEP to collect and distribute compensatory payments.

Impact

The Climate Superfund Act is set to change state law by establishing a dedicated fund, the Climate Superfund Cost Recovery Program Fund, into which all compensatory payments will be deposited. The bill empowers the DEP to use these funds specifically for climate change adaptation and resilience projects—aimed at mitigating the effects of climate change on infrastructure, public health, and natural ecosystems. Projects can include flood protection initiatives, stormwater drainage system upgrades, and more comprehensive climate adaptation strategies.

Summary

S2338, known as the Climate Superfund Act, aims to hold certain fossil fuel companies accountable for damages caused by climate change. The bill defines 'responsible parties' as those entities that have been responsible for over one billion metric tons of greenhouse gas emissions since 1995. By imposing strict liability on these companies, the bill mandates that they make compensatory payments to the state for damages related to climate change, which will be collected and managed by the New Jersey Department of Environmental Protection (DEP).

Contention

This bill has sparked debates regarding its implications for fossil fuel businesses, which argue that it could impose significant financial burdens on them, impacting job creation and energy prices. Proponents believe that it is essential for addressing the ongoing climate crisis and ensuring that those responsible for significant greenhouse gas emissions contribute to the solutions. Critics, however, express concerns that it may drive businesses out of New Jersey, potentially leading to economic drawbacks. The conversations around this bill highlight the tension between economic interests and environmental responsibility.

Companion Bills

NJ S3545

Carry Over "Polluters Pay to Make New Jersey More Affordable Act"; imposes liability on certain fossil fuel companies for funds needed for climate change adaptation projects; establishes program in DEP to collect and distribute funds.

NJ A4696

Carry Over "Climate Superfund Act"; imposes liability on certain fossil fuel companies for certain damages caused by climate change and establishes program in DEP to collect and distribute compensatory payments.

NJ A2088

Same As Directs State Board of Education to authorize issuance of new endorsements in certain fields.

NJ A3735

Same As "Climate Superfund Act"; imposes liability on certain fossil fuel companies for certain damages caused by climate change and establishes program in DEP to collect and distribute compensatory payments.

Similar Bills

No similar bills found.