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Controversial NJ Bill Would Charge Fossil Fuel ‘Polluters’ Billions In Fines
"Every dollar they don't pay is a dollar that comes out of property taxes and the budget," a lawmaker charged. Others disagree – here's why.
More than 80 fossil fuel companies may be on the hook to pay for the “full cost of climate change” in New Jersey if a proposed state law crosses the finish line, lawmakers say.
Earlier this week, several Democratic members of the New Jersey Senate Budget Committee made a push for S2338/A3735, otherwise known as the Polluters Pay to Make NJ More Affordable Act.
Formerly known as the Climate Superfund Act, the bill targets companies that have “engaged in the trade or business of extracting fossil fuel or refining crude oil” since 1995, and have been responsible for more than one billion metric tons of greenhouse gas emissions.
The legislation would generate $2.5 billion annually from an estimated 82 fossil fuel corporations, its sponsors say.
The money collected from companies in violation of the law would be earmarked for flood protection, stormwater and sewage system upgrades, extreme weather preparation, health care related to climate change, upgrades to the electrical grid and energy-efficiency projects, among other uses.
“We can’t keep asking taxpayers to cover the full cost of climate change,” urged Sen. Renee Burgess (NJ-28), a member of the Senate Budget Committee.
“We need big polluters to start paying their fair share,” Burgess said. “Every dollar they don’t pay is a dollar that comes out of property taxes and the state budget.”
New Jersey is currently wrestling with a severe budget shortfall. According to figures from the governor’s office, the state is looking at an estimated $3 billion structural deficit – one of the worst gaps in the nation.
Gov. Mikie Sherrill has outlined a two-pronged approach to attacking the gap: making spending cuts, and bringing in more cash. According to the governor, her budget proposal includes nearly $2 billion in tough-but-necessary cuts. Meanwhile, she wants to raise more than $700 million in new revenue from “closing corporate tax loopholes.”
- Related: Sherrill Looks To End Crisis: 5 Takeaways From NJ Budget Address
- Related: Business Fees In Sherrill’s First Budget Raise Concerns
- Related: ‘Tax The Rich’: NJ Activists Pressure Lawmakers As Budget Season Heats Up
State lawmakers gathered for a public hearing earlier this month at the New Jersey Institute of Technology in Newark as they continue to hammer out this year’s spending plan.
In response, environmental advocates – and some elected officials – held a rally at the Statehouse in Trenton to call for passage of the Polluters Pay to Make NJ More Affordable Act.
According to the Empower NJ coalition, which organized the March 16 rally, the bill would require the world's largest fossil fuel companies to pay for climate change-related damages instead of New Jersey residents and taxpayers – who they say are currently footing the cost.
“As kids we are told, you make a mess, you clean it up,” said Amy Goldsmith, New Jersey state director at Clean Water Action.
“The same goes for the fossil fuel industry,” Goldsmith urged.
CRITICS: ‘UNCONSTITUTIONAL CASH GRAB’
The bill has also seen vocal criticism – especially from pro-business advocacy groups.
Two pro-business advocates – Michele Siekerka of the New Jersey Business & Industry Association, and Christina Renna of the Chamber of Commerce of Southern New Jersey – recently argued against the Climate Superfund Act in an op-ed posted to NJ Spotlight News.
According to Siekerka and Renna, the bill – which stalled during the lame duck session under former Gov. Phil Murphy – is an “unfair, misguided and likely unconstitutional cash grab.”
“You likely have heard how the Climate Superfund Act seeks retroactive $50 billion penalties of New Jersey petroleum companies for their relatively minimal role in global carbon emissions,” their op-ed said.
“These fossil fuel companies have legally provided a resource that’s essential to our survival and prosperity – even our national security,” the op-ed continued.
They also claimed the Climate Superfund Act would have much less impact than advocates say.
“New Jersey contributes just 1.7 percent of the United States’ greenhouse gas emissions and only 0.3 percent of those worldwide,” Siekerka and Renna wrote. “Yet, it would still impose penalties based on worldwide emissions – despite the minor contributions coming from the Garden State.”
Some Republican lawmakers have also criticized the bill, including Sen. Declan O’Scanlon (NJ-13).
“Make no mistake, the Democrats ‘Superfund’ policy – supposedly to punish the evil oil companies for providing a product we all demand – would result in a massive, $2.5 billion yearly increase in energy costs on New Jersey residents,” O’Scanlon argued at a recent legislative hearing.
“Democrats are essentially saying “Don’t worry! We can charge oil companies $50 billion and they’ll just take the hit to their profits! They won’t simply pass the costs on to us! Trust us!’” he added. “It’s sheer lunacy.”
Democratic lawmakers in New Jersey continue to push ahead with plans to get the bill over the finish line before this year’s state spending plan is finalized, however, including two other members of the budget committee.
“Beginning with Superstorm Sandy, our state has been ravaged by the effects of climate change,” said Sen. Patrick Diegnan (NJ-18).
“As we draft this budget, we need to ensure this legislation will provide the necessary funding to help our residents cover the cost of recovery,” Diegnan said. “It is only fair that those entities that are responsible pay their fair share.”
“Polluters must pay first before the budget is passed,” agreed Sen. Gordon Johnson (NJ-37).
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Source : https://patch.com/new-jersey/westorange/controversial-nj-bill-would-charge-fossil-fuel-polluters-billions-fines