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SB1161:v97#DOCUMENT

Amended  IN  Senate  May 10, 2016
Amended  IN  Senate  March 29, 2016

CALIFORNIA LEGISLATURE— 2015alleging 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 would authorize the action to be brought within 4 years of that date.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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 Unte 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 healtt color="blue" class="blue_text"> 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.