The Honorable Kathy Hochul
Governor of New York State
NYS State Capitol Building
Albany, NY 12224

Dear Governor Hochul,

As elected representatives of villages, towns, counties, and cities across New York State, we write to urge you to enact the Climate Change Superfund Act (S.2129/A.3351).

Our communities are on the front lines of the climate crisis, bearing the full weight of its impacts – from the deadly blizzard that struck Buffalo last winter to the unprecedented 1,000-year flooding that submerged parts of the Hudson Valley this summer; from destruction wrought by Superstorm Sandy on Long Island to increasingly frequent catastrophic rainfall in New York City; from choking wildfire smoke that shut down schools in June to scorching heat waves that shut down schools in September.

Our constituents feel this looming risk year after year, through all four seasons. Between 2011 and 2021, New York State endured 16 major disaster declarations, sparing no region of the state. During this period, FEMA allocated over $17 billion in assistance to New York State.[1] This staggering sum is more than just a number, it represents countless New York families who lost their homes or livelihoods.

Our local governments see the impact of this growing threat in our budgets, as we struggle to both repair and rebuild from previous extreme weather events and invest in measures to adapt and become more resilient in the face of the climate emergency. A recent study from the State Comptroller found that from 2018 to 2028, 55% of New York localities’ municipal spending outside of New York City was or will be related to the climate emergency.[2]

It seems like year after year a new record is set, whether it’s for heat, or rainfall, or snow. Despite efforts to slash greenhouse gas emissions, it’s clear that the challenges posed by the climate emergency are going to get much worse before they get better.

In the coming decades we need to invest in a series of high-stakes and costly infrastructure projects. These include significant coastal protections, including restoring coastal wetlands; elevating or buying-out threatened homes; improving storm water drainage and sewer systems; responding to toxic algal blooms; protecting our roads and utility infrastructure; retrofitting schools and other public buildings; and many other vitally important projects.

We know that these projects are non-negotiable necessities. The major question is who will pay for them. The Chairman of the Long Island Regional Planning Council recently estimated the cost of climate-adaptive infrastructure improvements for Long Island at between $75 and $100 billion.[3] Upgrading New York City’s sewer system is estimated to cost $100 billion,[4] and a single project to protect New York Harbor from rising seas is estimated at $52 billion.[5] For us on the local level, that means asking our residents to pay more in property taxes, fees, and other costs.

Fortunately, there is another option to reduce this burden on local governments and taxpayers. Instead of asking New Yorkers to dig into their own pockets for the entire cost of climate adaptation, we can make the multinational fossil fuel companies that are responsible for and profiting from the climate emergency pay their fair share. That’s why we’re asking you to support the Climate Change Superfund Act. 

Under the Climate Change Superfund Act, thirty to forty of the largest multinational oil, gas, and coal companies would be required to pay $75 billion over 25 years to New York State for damages arising from their past activities, money that would be earmarked to help localities like ours pay for climate-adaptive infrastructure. Companies deemed responsible for the emission of over one billion tons of greenhouse gasses since the year 2000 will pay a portion of the total amount based on their share of the total emissions of all responsible companies.

That means companies like Exxon and Saudi Aramco, who have made record-breaking profits in the last several years, will pay a portion of the bill, rather than our residents and local businesses. And, critically, the Superfund is designed as an assessment of damages for past behavior that cannot be passed on to consumers.[6]

The cost of living across New York is already too high – we simply cannot afford to place the cost of adapting to the climate emergency solely on the backs of our constituents. We need the state to act now to hold the biggest polluters accountable. We need the Climate Change Superfund Act.

Sincerely,