Illinois 2025-2026 Regular Session

Illinois House Bill HB3594 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3594 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: New Act Creates the Extreme Weather Recovery Act. Creates a private cause of action for a harmed party against a responsible party in which the amount in controversy is $10,000 or more. Authorizes a harmed party who has suffered damages in that amount that is alleged to have been caused by climate disaster or extreme weather attributable to climate changes or both to sue a responsible party. The Act's covered period is from 1965 to the effective date of the Act. Prohibits the State or unit of local government or an agent or employee of these governmental units from commencing an action under the Act. Makes legislative findings. Makes definitions. Creates a 3-year statute of limitation in which a harmed party must file or commence an action under the Act. Authorizes the Illinois Emergency Management Agency to adopt rules implementing the Act. Makes other changes. Effective immediately. LRB104 07136 JRC 17173 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3594 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: New Act New Act Creates the Extreme Weather Recovery Act. Creates a private cause of action for a harmed party against a responsible party in which the amount in controversy is $10,000 or more. Authorizes a harmed party who has suffered damages in that amount that is alleged to have been caused by climate disaster or extreme weather attributable to climate changes or both to sue a responsible party. The Act's covered period is from 1965 to the effective date of the Act. Prohibits the State or unit of local government or an agent or employee of these governmental units from commencing an action under the Act. Makes legislative findings. Makes definitions. Creates a 3-year statute of limitation in which a harmed party must file or commence an action under the Act. Authorizes the Illinois Emergency Management Agency to adopt rules implementing the Act. Makes other changes. Effective immediately. LRB104 07136 JRC 17173 b LRB104 07136 JRC 17173 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3594 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
33 New Act New Act
44 New Act
55 Creates the Extreme Weather Recovery Act. Creates a private cause of action for a harmed party against a responsible party in which the amount in controversy is $10,000 or more. Authorizes a harmed party who has suffered damages in that amount that is alleged to have been caused by climate disaster or extreme weather attributable to climate changes or both to sue a responsible party. The Act's covered period is from 1965 to the effective date of the Act. Prohibits the State or unit of local government or an agent or employee of these governmental units from commencing an action under the Act. Makes legislative findings. Makes definitions. Creates a 3-year statute of limitation in which a harmed party must file or commence an action under the Act. Authorizes the Illinois Emergency Management Agency to adopt rules implementing the Act. Makes other changes. Effective immediately.
66 LRB104 07136 JRC 17173 b LRB104 07136 JRC 17173 b
77 LRB104 07136 JRC 17173 b
88 A BILL FOR
99 HB3594LRB104 07136 JRC 17173 b HB3594 LRB104 07136 JRC 17173 b
1010 HB3594 LRB104 07136 JRC 17173 b
1111 1 AN ACT concerning civil law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Extreme Weather Recovery Act.
1616 6 Section 5. Findings; intent; purpose.
1717 7 (a) The General Assembly finds that:
1818 8 (i) climate disasters, extreme weather attributable to
1919 9 climate change, and harms resulting from long-term changes
2020 10 to the climate system pose a threat to the health, safety,
2121 11 and security of all residents of, and visitors to,
2222 12 Illinois;
2323 13 (ii) climate change poses many costly risks to
2424 14 Illinois residents, including an increase in precipitation
2525 15 and severe storms, hotter temperatures, and intensified
2626 16 drought;
2727 17 (iii) average annual precipitation in Illinois has
2828 18 increased by 12% to 15%; and extreme precipitation events
2929 19 (days with more than 2 inches of precipitation) have
3030 20 increased by 40% since the beginning of the 20th century,
3131 21 resulting in more frequent flooding;
3232 22 (iv) insurance companies lost money on policies
3333 23 associated with property insurance in Illinois in 2023,
3434
3535
3636
3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3594 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
3838 New Act New Act
3939 New Act
4040 Creates the Extreme Weather Recovery Act. Creates a private cause of action for a harmed party against a responsible party in which the amount in controversy is $10,000 or more. Authorizes a harmed party who has suffered damages in that amount that is alleged to have been caused by climate disaster or extreme weather attributable to climate changes or both to sue a responsible party. The Act's covered period is from 1965 to the effective date of the Act. Prohibits the State or unit of local government or an agent or employee of these governmental units from commencing an action under the Act. Makes legislative findings. Makes definitions. Creates a 3-year statute of limitation in which a harmed party must file or commence an action under the Act. Authorizes the Illinois Emergency Management Agency to adopt rules implementing the Act. Makes other changes. Effective immediately.
4141 LRB104 07136 JRC 17173 b LRB104 07136 JRC 17173 b
4242 LRB104 07136 JRC 17173 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 New Act
5050
5151
5252
5353 LRB104 07136 JRC 17173 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 HB3594 LRB104 07136 JRC 17173 b
6464
6565
6666 HB3594- 2 -LRB104 07136 JRC 17173 b HB3594 - 2 - LRB104 07136 JRC 17173 b
6767 HB3594 - 2 - LRB104 07136 JRC 17173 b
6868 1 due mostly to damage from severe storms;
6969 2 (v) the average temperature in Illinois is predicted
7070 3 to increase by up to 9F by 2100 under a moderate climate
7171 4 scenario (RCP4.5); the average daily temperature has
7272 5 already increased by 1 to 2F in most areas of the State;
7373 6 and the average nighttime temperature has increased by
7474 7 more than 3F over the last 120 years;
7575 8 (vi) warmer temperatures will change the composition
7676 9 of Illinois forests and decrease agricultural yields of
7777 10 corn, soybeans, and other crops;
7878 11 (vii) heat stress caused by climate change is likely
7979 12 to reduce corn yields by 23% to 34% in Illinois by the
8080 13 middle of this century;
8181 14 (viii) all Illinoisans are at risk of concrete and
8282 15 particularized injuries caused by the increasing
8383 16 prevalence and intensity of climate disasters, extreme
8484 17 weather attributable to climate change, and harms
8585 18 resulting from long-term changes to the climate system;
8686 19 (ix) Illinois has a compelling State interest in
8787 20 protecting its citizens from climate disasters, extreme
8888 21 weather attributable to climate change, and harms
8989 22 resulting from long-term changes to the climate system;
9090 23 (x) the cost and impact of climate disasters, extreme
9191 24 weather attributable to climate change, and harms
9292 25 resulting from long-term changes to the climate system
9393 26 continue to increase, straining public resources in this
9494
9595
9696
9797
9898
9999 HB3594 - 2 - LRB104 07136 JRC 17173 b
100100
101101
102102 HB3594- 3 -LRB104 07136 JRC 17173 b HB3594 - 3 - LRB104 07136 JRC 17173 b
103103 HB3594 - 3 - LRB104 07136 JRC 17173 b
104104 1 State; and
105105 2 (xi) impacts in Illinois causally connected to
106106 3 responsible parties' qualified products and actions during
107107 4 the covered period include, but are not limited to:
108108 5 (A) damage to public property and infrastructure,
109109 6 as well as adjacent private property and
110110 7 infrastructure;
111111 8 (B) natural resource damages to public and private
112112 9 resources;
113113 10 (C) increased risk, hours, and compensation to
114114 11 emergency responders faced with increasingly frequent
115115 12 and severe events;
116116 13 (D) significant and costly health and safety
117117 14 upgrades to public buildings before generally accepted
118118 15 amortization and depreciation timelines, resulting in
119119 16 additional taxpayer expenses now and into the future;
120120 17 (E) significant and costly occupational
121121 18 productivity losses and costs from workplace health
122122 19 and safety regulations that are increasingly necessary
123123 20 and required to protect employers and employees from
124124 21 increased risks and hazards related to climate change
125125 22 and extreme weather attributable to climate change;
126126 23 (F) canceled school days because of climate
127127 24 disasters and extreme weather attributable to climate
128128 25 change, resulting in educational harms to students
129129 26 that have long-lasting impacts on workforce, business,
130130
131131
132132
133133
134134
135135 HB3594 - 3 - LRB104 07136 JRC 17173 b
136136
137137
138138 HB3594- 4 -LRB104 07136 JRC 17173 b HB3594 - 4 - LRB104 07136 JRC 17173 b
139139 HB3594 - 4 - LRB104 07136 JRC 17173 b
140140 1 and economic development; and
141141 2 (G) increasing public and private health costs
142142 3 stemming from indoor and outdoor pollution,
143143 4 contamination, and exposure to toxic materials,
144144 5 whether in combination or occurring separately,
145145 6 exacerbated by the impacts of climate disasters and
146146 7 extreme weather attributable to climate change;
147147 8 (xii) a judicial forum is necessary for Illinoisans to
148148 9 redress the harm that responsible parties have caused and
149149 10 continue to cause through climate disasters, extreme
150150 11 weather attributable to climate change, and harms
151151 12 resulting from long-term changes to the climate system
152152 13 fueled by their products and actions. Illinois has a
153153 14 compelling State interest in empowering citizens to
154154 15 recover, recoup, or rebuild the value of lost, damaged,
155155 16 and destroyed property, as well as the full extent of
156156 17 non-economic, compensatory, and punitive damages allowable
157157 18 under this State's laws and constitution;
158158 19 (xiii) the courts of this State are the appropriate
159159 20 venue to provide additional relief to harmed parties as
160160 21 deemed necessary or proper in the course of legal
161161 22 proceedings brought under the authority of this Act;
162162 23 (xiv) this State has a compelling interest in
163163 24 preserving public resources for traditional public
164164 25 purposes. It is not the desire of this State to continue
165165 26 paying for increased damages to harmed parties caused by
166166
167167
168168
169169
170170
171171 HB3594 - 4 - LRB104 07136 JRC 17173 b
172172
173173
174174 HB3594- 5 -LRB104 07136 JRC 17173 b HB3594 - 5 - LRB104 07136 JRC 17173 b
175175 HB3594 - 5 - LRB104 07136 JRC 17173 b
176176 1 the profit-seeking actions and omissions of responsible
177177 2 parties' qualified products and actions;
178178 3 (xv) climate disasters, extreme weather attributable
179179 4 to climate change, and harms resulting from long-term
180180 5 changes to the climate system are not acts of God,
181181 6 unforeseeable, or otherwise classified as a force majeure
182182 7 event eligible for litigation limitations or defenses,
183183 8 except as explicitly and unambiguously provided;
184184 9 (xvi) decades of intentional lies, misinformation, and
185185 10 disinformation, and misrepresentations by responsible
186186 11 parties about the connection between qualified products
187187 12 and climate change has directly and causally contributed
188188 13 to concrete and particularized injuries in this State from
189189 14 climate disasters, extreme weather attributable to climate
190190 15 change, and harms resulting from long-term changes to the
191191 16 climate system. Continued lies, misinformation, and
192192 17 disinformation, and misrepresentations pose a threat to
193193 18 the health, safety, and security of all residents of, and
194194 19 visitors to, this State. Responsible parties have
195195 20 long-known the dangers of their qualified products but
196196 21 continued to deny and lie for profit. Hiding, obfuscating,
197197 22 and denying information to consumers, elected officials,
198198 23 and regulators alike harmed and continues to harm
199199 24 Illinoisans. This State has a compelling interest in
200200 25 protecting consumers from lies, misinformation, and
201201 26 disinformation in the marketplace, and encouraging factual
202202
203203
204204
205205
206206
207207 HB3594 - 5 - LRB104 07136 JRC 17173 b
208208
209209
210210 HB3594- 6 -LRB104 07136 JRC 17173 b HB3594 - 6 - LRB104 07136 JRC 17173 b
211211 HB3594 - 6 - LRB104 07136 JRC 17173 b
212212 1 and truthful information on climate disasters, extreme
213213 2 weather attributable to climate change, harms resulting
214214 3 from long-term changes to the climate system, and the
215215 4 qualified products and actions of responsible parties. The
216216 5 General Assembly further finds and declares that:
217217 6 (A) responsible parties have engaged in a
218218 7 decades-long project to protect their profits with a
219219 8 coordinated effort to deceive the public about the
220220 9 reality of the climate crisis;
221221 10 (B) documents unveiled by litigation and
222222 11 investigative journalists demonstrate that as early as
223223 12 the 1950s, responsible parties became aware of the
224224 13 potentially catastrophic impact of their products.
225225 14 Even in the face of research conducted by their own
226226 15 scientists affirming the impacts of their business,
227227 16 responsible parties outright denied that climate
228228 17 change was real, spread disinformation to cast doubt
229229 18 on the science, and fought regulatory action against
230230 19 qualified products;
231231 20 (C) the 1970s and 1980s saw the development of a
232232 21 clear scientific consensus that increasing CO2
233233 22 concentration in the atmosphere would contribute to
234234 23 global warming and that the heightened CO2 emissions
235235 24 were attributable to fossil fuels. These facts were
236236 25 supported by fossil-fuel industry scientists like
237237 26 Exxon's James F. Black, who provided these findings in
238238
239239
240240
241241
242242
243243 HB3594 - 6 - LRB104 07136 JRC 17173 b
244244
245245
246246 HB3594- 7 -LRB104 07136 JRC 17173 b HB3594 - 7 - LRB104 07136 JRC 17173 b
247247 HB3594 - 7 - LRB104 07136 JRC 17173 b
248248 1 a 1977 presentation and a 1978 briefing of Exxon
249249 2 management. In 1979, W.L. Ferrall outlined that an
250250 3 internal Exxon study concluded that the "present trend
251251 4 of fossil-fuel consumption will cause dramatic
252252 5 environmental effects before the year 2050." In 1982,
253253 6 R.W. Cohen summarized that Exxon's climate modeling
254254 7 research was "consistent with the published prediction
255255 8 of more complex climate models" and "in accord with
256256 9 the scientific consensus on the effect of increased
257257 10 atmospheric CO2 on climate." A 1988 Shell report
258258 11 echoed the Exxon warnings and acknowledged the need to
259259 12 consider policy changes. The report provided that "the
260260 13 potential implications for the world are... so large
261261 14 that policy options need to be considered much
262262 15 earlier" and that research should be "directed more to
263263 16 the analysis of policy and energy options than to
264264 17 studies of what we will be facing exactly";
265265 18 (D) despite acknowledging that increased CO2
266266 19 concentrations because of fossil-fuel combustion posed
267267 20 a considerable threat, responsible parties decided not
268268 21 to take steps to prevent the risks of climate change.
269269 22 Instead, they stopped funding major climate research,
270270 23 and launched campaigns to discredit climate science
271271 24 and delay actions perceived as contrary to their
272272 25 business interests. These responsible parties carried
273273 26 out these campaigns by:
274274
275275
276276
277277
278278
279279 HB3594 - 7 - LRB104 07136 JRC 17173 b
280280
281281
282282 HB3594- 8 -LRB104 07136 JRC 17173 b HB3594 - 8 - LRB104 07136 JRC 17173 b
283283 HB3594 - 8 - LRB104 07136 JRC 17173 b
284284 1 (1) developing public relations strategies
285285 2 that were contradictory to their knowledge and
286286 3 scientific insights;
287287 4 (2) engaging in public communications
288288 5 campaigns to promote doubt and downplay the
289289 6 threats of climate change; and
290290 7 (3) funding individuals, organizations, and
291291 8 research aimed at discrediting the growing body of
292292 9 publicly available climate science.
293293 10 (E) from 1970 to 2020 the oil and gas industry
294294 11 responsible parties made nearly $2.8 billion a day and
295295 12 $1 trillion a year in profit;
296296 13 (F) responsible parties currently advertise
297297 14 "green" efforts to the public that mask the lack of
298298 15 real investment in resiliency and energy-source
299299 16 transition and the continued prioritization of the
300300 17 extraction, refinement, and distribution of qualified
301301 18 products;
302302 19 (G) a December 2022 report by the Oversight
303303 20 Committee in Congress also revealed internal documents
304304 21 from senior leaders in responsible parties that
305305 22 explicitly reject taking accountability for the
306306 23 greenhouse gas emissions associated with their
307307 24 products;
308308 25 (H) by their conduct and impact, responsible
309309 26 parties have intentionally obfuscated the truth about
310310
311311
312312
313313
314314
315315 HB3594 - 8 - LRB104 07136 JRC 17173 b
316316
317317
318318 HB3594- 9 -LRB104 07136 JRC 17173 b HB3594 - 9 - LRB104 07136 JRC 17173 b
319319 HB3594 - 9 - LRB104 07136 JRC 17173 b
320320 1 climate change and outright deceived the public to
321321 2 continue dependence on their qualified products;
322322 3 (xvii) intentional lies, misinformation, and
323323 4 disinformation, and misrepresentations by responsible
324324 5 parties about the connection between qualified products
325325 6 they sell or sold and climate change is not political
326326 7 speech, but fundamentally commercial activity with
327327 8 incidental political impact; and
328328 9 (xviii) that responsible parties must be accountable
329329 10 to harmed parties. The General Assembly hereby explicitly
330330 11 authorizes a cause of action to harmed parties, including
331331 12 individuals, businesses, and associations. This State has
332332 13 a sovereign and compelling State interest in providing a
333333 14 forum for individuals, businesses, and associations
334334 15 sustaining injuries and harms caused by responsible
335335 16 parties' deceptive behavior and linked to the harms of
336336 17 responsible parties' products and actions. It is the
337337 18 intent of this State to provide a judicial forum for the
338338 19 efficient, just, and equitable resolution of harmed
339339 20 parties' claims for damages stemming from climate
340340 21 disasters, extreme weather attributable to climate change,
341341 22 and harms resulting from long-term changes to the climate
342342 23 system, as defined herein, against responsible parties.
343343 24 (b) It is the purpose of this Act to create a new cause of
344344 25 action independent of existing law. Nothing in this Act may be
345345 26 construed to limit in any way the enforceability of existing
346346
347347
348348
349349
350350
351351 HB3594 - 9 - LRB104 07136 JRC 17173 b
352352
353353
354354 HB3594- 10 -LRB104 07136 JRC 17173 b HB3594 - 10 - LRB104 07136 JRC 17173 b
355355 HB3594 - 10 - LRB104 07136 JRC 17173 b
356356 1 laws concerning consumer protection, climate, environment,
357357 2 energy, or natural resources.
358358 3 Section 10. Definitions. As used in this Act:
359359 4 (a) "Amount in controversy" means the damages claimed or
360360 5 relief demanded by the injured party or parties in a lawsuit.
361361 6 (b) "Extreme event attribution science" means research
362362 7 aimed at understanding how human-induced changes in the global
363363 8 climate system affect the probability, severity, and other
364364 9 characteristics of extreme weather events such as hurricanes
365365 10 and heat waves. This may include, but not be limited to,
366366 11 determining the likelihood of the particular event happening
367367 12 today compared to how it might have unfolded without
368368 13 human-caused increase in concentration of greenhouse gases in
369369 14 the atmosphere.
370370 15 (c) "Climate disaster" means an event that meets any of
371371 16 the following threshold qualifications and is determined by
372372 17 impact attribution science or extreme event attribution
373373 18 science to be substantially worsened (at least statistically
374374 19 significant) or caused by climate change from responsible
375375 20 parties' products or extreme weather attributable to climate
376376 21 change from responsible parties' products:
377377 22 (i) a "major disaster" as defined by the Federal
378378 23 Emergency Management Agency in July of 2024, without
379379 24 recognition of any changes to that definition that may
380380 25 occur at a later time by subsequent agency administration,
381381
382382
383383
384384
385385
386386 HB3594 - 10 - LRB104 07136 JRC 17173 b
387387
388388
389389 HB3594- 11 -LRB104 07136 JRC 17173 b HB3594 - 11 - LRB104 07136 JRC 17173 b
390390 HB3594 - 11 - LRB104 07136 JRC 17173 b
391391 1 or removal of the definition from the public domain or
392392 2 Code of Federal Regulations;
393393 3 (ii) "any natural catastrophe" (including any
394394 4 hurricane, tornado, storm, high water, wind-driven water,
395395 5 tidal wave, tsunami, earthquake, volcanic eruption,
396396 6 landslide, mudslide, snowstorm, or drought), or,
397397 7 regardless of cause, any fire, flood, or explosion, in any
398398 8 part of the United States, which in the determination of
399399 9 the President causes damage of sufficient severity and
400400 10 magnitude to warrant major disaster assistance under this
401401 11 Act to supplement the efforts and available resources of
402402 12 states, local governments, and disaster relief
403403 13 organizations in alleviating the damage, loss, hardship,
404404 14 or suffering caused thereby. This includes, but is not
405405 15 limited to, the definition of a natural catastrophe in the
406406 16 Stafford Act such as any hurricane, tornado, storm, high
407407 17 water, wind-driven water, tidal wave, tsunami, earthquake,
408408 18 volcanic eruption, landslide, mudslide, snowstorm, or
409409 19 drought or, regardless of cause, any fire, flood or
410410 20 explosion, in any part of the United States, which in the
411411 21 determination of the President causes damage of sufficient
412412 22 severity and magnitude to warrant major disaster
413413 23 assistance under this the Stafford Act to supplement the
414414 24 efforts and available resources of local and state
415415 25 governments and disaster relief organizations in
416416 26 alleviating the damage, loss, hardship or suffering caused
417417
418418
419419
420420
421421
422422 HB3594 - 11 - LRB104 07136 JRC 17173 b
423423
424424
425425 HB3594- 12 -LRB104 07136 JRC 17173 b HB3594 - 12 - LRB104 07136 JRC 17173 b
426426 HB3594 - 12 - LRB104 07136 JRC 17173 b
427427 1 thereby;
428428 2 (iii) a "catastrophic incident" as defined by the
429429 3 Federal Emergency Management Agency in July of 2024 (not
430430 4 including events linked to terrorism), without recognition
431431 5 of any changes to that definition that may occur at a later
432432 6 time by a later agency administration or removal of the
433433 7 definition from the public domain or Code of Federal
434434 8 Regulations;
435435 9 (iv) any natural or man-made incident that results in
436436 10 extraordinary levels of mass casualties, damage, or
437437 11 disruption severely affecting the population,
438438 12 infrastructure, environment, economy, national morale, or
439439 13 government functions. A catastrophic event could result in
440440 14 sustained national impacts over a prolonged period of
441441 15 time; almost immediately exceeds resources normally
442442 16 available to local, state, tribal, and private sector
443443 17 authorities in the impacted area; and significantly
444444 18 interrupts governmental operations and emergency services
445445 19 to such an extent that national security could be
446446 20 threatened;
447447 21 (v) any event that does qualify, or would have
448448 22 qualified, for inclusion on the National Centers for
449449 23 Environmental Information's "Billion-Dollar Weather and
450450 24 Climate Disasters" program and data list as it existed in
451451 25 July of 2024, without recognition of any changes weakening
452452 26 the agency program that may occur at a later time by
453453
454454
455455
456456
457457
458458 HB3594 - 12 - LRB104 07136 JRC 17173 b
459459
460460
461461 HB3594- 13 -LRB104 07136 JRC 17173 b HB3594 - 13 - LRB104 07136 JRC 17173 b
462462 HB3594 - 13 - LRB104 07136 JRC 17173 b
463463 1 subsequent agency administration or abolition of the
464464 2 program, National Centers for Environmental Information,
465465 3 or the National Oceanic and Atmospheric Administration;
466466 4 and
467467 5 (vi) a gubernatorial proclamation that a disaster
468468 6 exists under the Illinois Emergency Management Agency Act.
469469 7 (d) "Covered period" means the period from January 1, 1965
470470 8 to the effective date of this Act.
471471 9 (e) "Extreme weather attributable to climate change" means
472472 10 weather, climate, or environmental conditions including, but
473473 11 not limited to, temperature, precipitation, drought, or
474474 12 flooding that are consistent with impacts or events that are
475475 13 attributable to climate change and where the intensity,
476476 14 magnitude, location, timing, or extent of the event lie
477477 15 outside the historical distribution of measurements for that
478478 16 type of event or impact for a particular place and time of
479479 17 year. These events include those that "extreme event
480480 18 attribution science" determines were made more likely or
481481 19 severe by climate change.
482482 20 (f) "Generally accepted amortization and depreciation
483483 21 timelines" means methods used and encouraged by the Internal
484484 22 Revenue Service and Generally Accepted Accounting Principles.
485485 23 (g) "Gross negligence" means negligence that is materially
486486 24 greater than the mere absence of reasonable care under the
487487 25 circumstances and that is characterized by indifference to or
488488 26 reckless disregard of the rights of others.
489489
490490
491491
492492
493493
494494 HB3594 - 13 - LRB104 07136 JRC 17173 b
495495
496496
497497 HB3594- 14 -LRB104 07136 JRC 17173 b HB3594 - 14 - LRB104 07136 JRC 17173 b
498498 HB3594 - 14 - LRB104 07136 JRC 17173 b
499499 1 (h) "Harmed parties" means any person, business, or
500500 2 association harmed or suffering damages in the amount of at
501501 3 least $10,000 as a result of a climate disaster or extreme
502502 4 weather attributable to climate change.
503503 5 (i) "Impact attribution science" means research aimed at
504504 6 understanding how global climate change affects human and
505505 7 natural systems, including but not limited to localized
506506 8 physical impacts, such as floods, droughts, and sea level
507507 9 rise, and the corresponding effects on infrastructure, public
508508 10 health, ecosystems, agriculture, and economies.
509509 11 (j) "Long-term changes to the climate system" includes,
510510 12 but is not limited to: increases in average temperature;
511511 13 disruptions to ocean chemistry, circulation, and temperature;
512512 14 sea level rise; variation in precipitation; saltwater
513513 15 intrusion into drinking water; sunny day flooding; decreased
514514 16 snowpack and seasonal water availability; drought; and species
515515 17 mortality and extinction.
516516 18 (k) "Market-share liability" means liability that is
517517 19 imposed severally on each member of an industry, based on each
518518 20 member's share of the market or respective percentage of the
519519 21 qualified product placed on the market.
520520 22 (l) "Qualified product" means a fossil-fuel product
521521 23 including, but not limited to:
522522 24 (i) Crude petroleum oil and all other hydrocarbons,
523523 25 regardless of gravity, that are produced at the wellhead
524524 26 in liquid form by ordinary production methods;
525525
526526
527527
528528
529529
530530 HB3594 - 14 - LRB104 07136 JRC 17173 b
531531
532532
533533 HB3594- 15 -LRB104 07136 JRC 17173 b HB3594 - 15 - LRB104 07136 JRC 17173 b
534534 HB3594 - 15 - LRB104 07136 JRC 17173 b
535535 1 (ii) Natural, manufactured, mixed, and byproduct
536536 2 hydrocarbon gas; or
537537 3 (iii) Refined crude oil, crude tops, topped crude,
538538 4 processed crude, processed crude petroleum, residue from
539539 5 crude petroleum, cracking stock, uncracked fuel oil, fuel
540540 6 oil, treated crude oil, residuum, gas oil, casinghead
541541 7 gasoline, natural-gas gasoline, kerosene, benzine, wash
542542 8 oil, waste oil, blended gasoline, lubricating oil, and
543543 9 blends or mixtures of oil with one or more liquid products
544544 10 or byproducts derived from oil or gas.
545545 11 (m) "Responsible party" means a firm, corporation,
546546 12 company, partnership, society, joint stock company or any
547547 13 other entity or association that emitted or caused to be
548548 14 emitted through the extracting, storing, transporting,
549549 15 refining, importing, exporting, producing, manufacturing,
550550 16 distributing, compounding, marketing, or offering for
551551 17 wholesale or retail sale, a qualified product with total
552552 18 greenhouse gas emissions of at least one billion metric tons
553553 19 of carbon dioxide equivalent during the covered period. It
554554 20 does not include any public utility, public authority, or the
555555 21 State and its political subdivisions.
556556 22 (n) "Statute of limitation" means that an action under
557557 23 this Act must be commended within 3 years after the cause of
558558 24 action accrued.
559559 25 (o) "Strict liability" means liability that does not
560560 26 depend on actual negligence or intent to harm, but that is
561561
562562
563563
564564
565565
566566 HB3594 - 15 - LRB104 07136 JRC 17173 b
567567
568568
569569 HB3594- 16 -LRB104 07136 JRC 17173 b HB3594 - 16 - LRB104 07136 JRC 17173 b
570570 HB3594 - 16 - LRB104 07136 JRC 17173 b
571571 1 based on the breach of an absolute duty to make something safe.
572572 2 Section 15. Civil action enforcement.
573573 3 (a) Notwithstanding any other law, the requirements of
574574 4 this Act shall be enforced exclusively through the civil
575575 5 actions described in this Act.
576576 6 (b) Any person, other than an officer or employee of a
577577 7 State or local governmental entity in this State, may bring a
578578 8 civil action against any responsible party for climate
579579 9 disasters or extreme weather attributable to climate change or
580580 10 both as defined in this Act when the following conditions are
581581 11 met:
582582 12 (i) The person qualifies as a harmed party.
583583 13 (ii) During any part of the covered period, the
584584 14 responsible party did business in Illinois, was registered
585585 15 to do business in Illinois, was appointed an agent of the
586586 16 State, or otherwise had sufficient contacts with the State
587587 17 to give the State jurisdiction over the responsible party
588588 18 under Illinois law.
589589 19 (iii) The statute of limitations for the action has
590590 20 not expired.
591591 21 (iv) The amount in controversy is at least $10,000.
592592 22 Plaintiff allegations of the amount in controversy at the
593593 23 pleading stage must be given judicial deference. Multiple
594594 24 plaintiffs (regardless of association in a class action)
595595 25 must be allowed to aggregate claims without common injury
596596
597597
598598
599599
600600
601601 HB3594 - 16 - LRB104 07136 JRC 17173 b
602602
603603
604604 HB3594- 17 -LRB104 07136 JRC 17173 b HB3594 - 17 - LRB104 07136 JRC 17173 b
605605 HB3594 - 17 - LRB104 07136 JRC 17173 b
606606 1 caused by climate disasters or extreme weather
607607 2 attributable to climate change to reach the amount in
608608 3 controversy threshold. The courts of this State are
609609 4 encouraged to process these actions with simplified
610610 5 procedural rules, streamlined enforcements, and other
611611 6 remedied mechanisms.
612612 7 (c) No enforcement of this Act may be taken or threatened
613613 8 by the State, a political subdivision of the State, or an
614614 9 executive or administrative officer or employee of the State
615615 10 or a political subdivision, or a unit of local government or an
616616 11 attorney representing any one of these governmental entities.
617617 12 (d) Responsible parties are jointly and severally liable
618618 13 to the plaintiffs for strict liability if they are a harmed
619619 14 party.
620620 15 (e) Harmed parties may commence an action against
621621 16 responsible parties for recovery of damages in any one of the
622622 17 following counties:
623623 18 (i) the county in which all or a substantial part of
624624 19 the events giving rise to the action occurred;
625625 20 (ii) the county of residence for any one of the
626626 21 natural person defendants at the time the cause of action
627627 22 accrued;
628628 23 (iii) the county of the principal office in this State
629629 24 of any one of the defendants that is not a natural person;
630630 25 or
631631 26 (iv) the county of residence for any plaintiff if the
632632
633633
634634
635635
636636
637637 HB3594 - 17 - LRB104 07136 JRC 17173 b
638638
639639
640640 HB3594- 18 -LRB104 07136 JRC 17173 b HB3594 - 18 - LRB104 07136 JRC 17173 b
641641 HB3594 - 18 - LRB104 07136 JRC 17173 b
642642 1 plaintiff is a natural person residing in the State.
643643 2 Notwithstanding any other law, if a civil action is
644644 3 brought under this Act in one of the venues in this Section16,
645645 4 the action may not be transferred to a different venue,
646646 5 including federal court, without the written consent of all
647647 6 parties.
648648 7 (g) The fact that harmed parties bring legal action
649649 8 against responsible parties under this Act may not be an
650650 9 independent basis for enforcement of any other law of this
651651 10 State; or the denial, revocation, suspension, or withholding
652652 11 of any right or privilege conferred by the law of the State or
653653 12 a political subdivision of the State, or a threat to do the
654654 13 same.
655655 14 (h) Nothing in this Act shall be construed to do any of the
656656 15 following:
657657 16 (i) Limit the enforceability of any other laws that
658658 17 regulate or prohibit any conduct relating to climate
659659 18 disasters, extreme weather, greenhouse gas emissions, or
660660 19 consumer protection.
661661 20 (ii) Replace legally mandated disaster recovery funds,
662662 21 designated disaster recovery funds established by
663663 22 legislation or administrative rule, contractually
664664 23 obligated, or court-ordered insurance claim payouts.
665665 24 (i) If a claimant prevails in an action brought under this
666666 25 Section, the court shall award all of the following:
667667 26 (i) The full extent of non-economic, compensatory, and
668668
669669
670670
671671
672672
673673 HB3594 - 18 - LRB104 07136 JRC 17173 b
674674
675675
676676 HB3594- 19 -LRB104 07136 JRC 17173 b HB3594 - 19 - LRB104 07136 JRC 17173 b
677677 HB3594 - 19 - LRB104 07136 JRC 17173 b
678678 1 punitive damages allowable under Illinois law and
679679 2 Constitution.
680680 3 (ii) Compensatory damages in an amount of not less
681681 4 than the fair market value of recovering, recouping,
682682 5 rebuilding, or remediating the value of lost, damaged, and
683683 6 destroyed property.
684684 7 (iii) Compensatory damages in an amount not less than
685685 8 the cost of injuries to harmed parties including medical
686686 9 care, mental and behavioral health care, past and present
687687 10 pain and suffering, or emotional distress.
688688 11 (j) Notwithstanding any other law, a cause of action under
689689 12 this Section shall be extinguished unless the action is
690690 13 commenced no later than 3 years after the cause of action
691691 14 accrues.
692692 15 (k) The connection of a climate disaster, extreme weather
693693 16 attributable to climate change, or harms resulting from
694694 17 long-term changes to the climate system to alleged injuries
695695 18 shall be deemed an injury in fact for all residents of, and
696696 19 visitors to, Illinois. Any such person shall have standing to
697697 20 bring a civil action under this Act.
698698 21 (l) Notwithstanding any other law, none of the following
699699 22 is a defense to an action brought under this Act:
700700 23 (i) A defendant's ignorance or mistake of law.
701701 24 (ii) A defendant's belief that the requirements of
702702 25 this Act are unconstitutional or were unconstitutional.
703703 26 (iii) A defendant's reliance on any court decision
704704
705705
706706
707707
708708
709709 HB3594 - 19 - LRB104 07136 JRC 17173 b
710710
711711
712712 HB3594- 20 -LRB104 07136 JRC 17173 b HB3594 - 20 - LRB104 07136 JRC 17173 b
713713 HB3594 - 20 - LRB104 07136 JRC 17173 b
714714 1 that has been overruled on appeal or by a subsequent
715715 2 court, even if that court decision had not been overruled
716716 3 when the defendant engaged in conduct that violates this
717717 4 Act.
718718 5 (iv) A defendant's reliance on any State or federal
719719 6 court decision that is not binding on the court in which
720720 7 the action has been brought.
721721 8 (v) Nonmutual issue preclusion or nonmutual claim
722722 9 preclusion.
723723 10 (vi) Any claim that the enforcement of this Act or the
724724 11 imposition of civil liability against the defendant will
725725 12 violate a constitutional right of a third party.
726726 13 (vii) A defendant's assertion that this Act proscribes
727727 14 conduct that is separately prohibited by any other law of
728728 15 Illinois.
729729 16 (viii) Any claim that defendants' or responsible
730730 17 parties' qualified products were not misused, or were not
731731 18 intended to be misused, in an unlawful manner.
732732 19 (ix) A defendant's assertion that State or federal
733733 20 laws relating to qualified products and responsible
734734 21 parties' operations displace, abrogate, or supersede the
735735 22 actions authorized under this Act, the authority of the
736736 23 courts of Illinois to provide a forum for the action, or
737737 24 the authority of the courts of Illinois to provide a
738738 25 remedy to harmed parties.
739739 26 (x) A defendant's assertion that choice-of-law and
740740
741741
742742
743743
744744
745745 HB3594 - 20 - LRB104 07136 JRC 17173 b
746746
747747
748748 HB3594- 21 -LRB104 07136 JRC 17173 b HB3594 - 21 - LRB104 07136 JRC 17173 b
749749 HB3594 - 21 - LRB104 07136 JRC 17173 b
750750 1 choice-of-forum clauses govern the action, regardless of
751751 2 whether such clauses apply to harmed parties by basis of
752752 3 consumer transactions.
753753 4 (xi) A defendant's assertion that the plaintiff or
754754 5 plaintiffs assumed a risk of harm through the use of their
755755 6 products.
756756 7 (xii) A defendant's forum non conveniens assertion so
757757 8 long as the jurisdictional requirements of this Act are
758758 9 satisfied.
759759 10 (m) An action brought under this Section may be resolved
760760 11 by settlement through mediation or arbitration upon written
761761 12 consent of both parties; however, mediation or arbitration may
762762 13 not be mandated by Illinois courts.
763763 14 (n) This Act shall not be construed to impose liability on
764764 15 any speech or conduct protected by the First Amendment to the
765765 16 United States Constitution, as made applicable to the states
766766 17 through the Fourteenth Amendment to the United States
767767 18 Constitution, or by the Illinois Constitution.
768768 19 (o) Notwithstanding any other law, the State, a State
769769 20 official or a unit of local government or an attorney
770770 21 representing any one of these governmental entities may not
771771 22 intervene in an action brought under this Section. However,
772772 23 this subsection does not prohibit a person described by this
773773 24 subsection from filing an amicus curiae brief in the action.
774774 25 (p) Notwithstanding any other law, a court may not award
775775 26 attorney's fees or costs to a defendant in an action brought
776776
777777
778778
779779
780780
781781 HB3594 - 21 - LRB104 07136 JRC 17173 b
782782
783783
784784 HB3594- 22 -LRB104 07136 JRC 17173 b HB3594 - 22 - LRB104 07136 JRC 17173 b
785785 HB3594 - 22 - LRB104 07136 JRC 17173 b
786786 1 under this Section, unless the plaintiff was represented by
787787 2 counsel in the action and plaintiff's counsel is found by the
788788 3 court or the entity enforcing the rules of professional
789789 4 conduct of attorney to be in violation of the rules of
790790 5 professional conduct.
791791 6 (q) An action under this Section may not be brought
792792 7 against the federal government, State, or political
793793 8 subdivision of the State, or an employee of one of those
794794 9 governmental units on the basis of acts or omissions in the
795795 10 course of discharge of official duties.
796796 11 Section 20. Offsets to damages and defenses to liability.
797797 12 (a) All of the following are offsets to damages:
798798 13 (i) Payments made to a harmed party under a contract
799799 14 of insurance. Insurers have the right to commence a
800800 15 subrogation action against responsible parties for
801801 16 recovery of payments made to harmed parties under a
802802 17 contract of insurance regardless of whether the insured
803803 18 has been made whole.
804804 19 (ii) Evidence that a harmed party fully recovered from
805805 20 a public body for alleged injuries.
806806 21 (b) All of the following are affirmative defenses to an
807807 22 action commenced under this Act:
808808 23 (i) Evidence of intentional destruction of property or
809809 24 intentional worsening of damage to reach the amount in
810810 25 controversy threshold.
811811
812812
813813
814814
815815
816816 HB3594 - 22 - LRB104 07136 JRC 17173 b
817817
818818
819819 HB3594- 23 -LRB104 07136 JRC 17173 b HB3594 - 23 - LRB104 07136 JRC 17173 b
820820 HB3594 - 23 - LRB104 07136 JRC 17173 b
821821 1 (ii) Evidence of gross negligence by the harmed party.
822822 2 (iii) The defendant has the burden of proving an
823823 3 affirmative defense under this subsection by a
824824 4 preponderance of the evidence.
825825 5 Section 25. Fee and cost shifting from challenges to
826826 6 enforcement.
827827 7 (a) Notwithstanding any other law, any person, including
828828 8 an entity, attorney, or law firm, who seeks declaratory or
829829 9 injunctive relief to prevent this State, a political
830830 10 subdivision, a governmental entity or public official in this
831831 11 State, or a person in this State from enforcing any portion of
832832 12 this statute, State rules of civil procedure, or any other
833833 13 related law that promotes consumer protection and remedies to
834834 14 injuries from climate disasters, extreme weather attributable
835835 15 to climate change, and harms resulting from long-term changes
836836 16 to the climate system, or that represents any litigant seeking
837837 17 that relief, is jointly and severally liable to pay the
838838 18 attorney's fees and costs of the prevailing party.
839839 19 (b) For purposes of this Section, a party is considered a
840840 20 prevailing party if a court does either of the following:
841841 21 (i) Dismisses any claim or cause of action brought by
842842 22 the party seeking the declaratory or injunctive relief
843843 23 described by this Section, regardless of the reason for
844844 24 the dismissal.
845845 25 (ii) Enters judgment in favor of the party opposing
846846
847847
848848
849849
850850
851851 HB3594 - 23 - LRB104 07136 JRC 17173 b
852852
853853
854854 HB3594- 24 -LRB104 07136 JRC 17173 b HB3594 - 24 - LRB104 07136 JRC 17173 b
855855 HB3594 - 24 - LRB104 07136 JRC 17173 b
856856 1 the declaratory or injunctive relief described by this
857857 2 Section on any claim or cause of action.
858858 3 (c) Regardless of whether a prevailing party sought to
859859 4 recover attorney's fees or costs in the underlying action, a
860860 5 prevailing party under this Section may bring a civil action
861861 6 to recover attorney's fees and costs against a person,
862862 7 including an entity, attorney, or law firm, that sought
863863 8 declaratory or injunctive relief described by this Section no
864864 9 later than the third anniversary of the date on which, as
865865 10 applicable:
866866 11 (i) The dismissal or judgment described by this
867867 12 Section becomes final upon the conclusion of appellate
868868 13 review.
869869 14 (ii) The time for seeking appellate review expires.
870870 15 (d) None of the following are a defense to an action
871871 16 brought under this Section:
872872 17 (i) A prevailing party under this Section failed to
873873 18 seek recovery of attorney's fees or costs in the
874874 19 underlying action.
875875 20 (ii) The court in the underlying action declined to
876876 21 recognize or enforce the requirements of this Section.
877877 22 (iii) The court in the underlying action held that any
878878 23 provision of this Section is invalid, unconstitutional, or
879879 24 preempted by federal law, notwithstanding the doctrines of
880880 25 issue or claim preclusion.
881881
882882
883883
884884
885885
886886 HB3594 - 24 - LRB104 07136 JRC 17173 b
887887
888888
889889 HB3594- 25 -LRB104 07136 JRC 17173 b HB3594 - 25 - LRB104 07136 JRC 17173 b
890890 HB3594 - 25 - LRB104 07136 JRC 17173 b
891891 1 Section 30. Limitations of the Act. This Act may not be
892892 2 construed to do any of the following:
893893 3 (a) Authorize the commencement of an action under this
894894 4 Act against an entity that is not a responsible party.
895895 5 (b) Authorize the commencement of an action under this
896896 6 Act when the amount in controversy requirements are not
897897 7 met.
898898 8 (c) Wholly or partly repeal, either expressly or by
899899 9 implication, any other statute that regulates or prohibits
900900 10 any conduct relating to climate disasters, extreme weather
901901 11 attributable to climate change, and harms resulting from
902902 12 long-term changes to the climate system.
903903 13 Section 35. Sovereign, governmental, and official
904904 14 immunity.
905905 15 (a) Notwithstanding any other law, the State has sovereign
906906 16 immunity, a political subdivision of the State has
907907 17 governmental immunity, and each officer and employee of this
908908 18 State or a political subdivision has official immunity in any
909909 19 action, claim, or counterclaim or any type of legal or
910910 20 equitable action that challenges the validity of any provision
911911 21 or application of this Act on constitutional grounds or
912912 22 otherwise.
913913 23 (b) A provision of State law may not be construed to waive
914914 24 or abrogate an immunity described by this Section unless it
915915 25 expressly waives immunity under this Section.
916916
917917
918918
919919
920920
921921 HB3594 - 25 - LRB104 07136 JRC 17173 b
922922
923923
924924 HB3594- 26 -LRB104 07136 JRC 17173 b HB3594 - 26 - LRB104 07136 JRC 17173 b
925925 HB3594 - 26 - LRB104 07136 JRC 17173 b
926926 1 Section 40. Severability.
927927 2 (a) It is the intent of the General Assembly that every
928928 3 provision in this Act and every application of the provisions
929929 4 in this Act are severable from each other.
930930 5 (b) If any application of any provision in this Act is
931931 6 found by a court to be invalid or unconstitutional, the
932932 7 remaining applications of that provision to all other persons
933933 8 and circumstances shall be severed and shall not be affected.
934934 9 All constitutionally valid applications of this Act shall be
935935 10 severed from any applications that a court finds to be
936936 11 invalid, leaving the valid applications in force, because it
937937 12 is the General Assembly's intent that the valid applications
938938 13 be allowed to stand alone. Even if a reviewing court finds a
939939 14 provision of this Act to impose an unconstitutional burden in
940940 15 a large or substantial fraction of relevant cases, the
941941 16 applications that do not present an unconstitutional burden
942942 17 shall be severed from the remaining applications and shall
943943 18 remain in force, and shall be treated as if the General
944944 19 Assembly had enacted a statute limited to the persons, group
945945 20 of persons, or circumstances for which the statute's
946946 21 application does not present an unconstitutional burden.
947947 22 (c) If any court declares or finds a provision of this Act
948948 23 facially unconstitutional, when discrete applications of that
949949 24 provision can be enforced against a person, group of persons,
950950 25 or circumstances without violating the United States
951951
952952
953953
954954
955955
956956 HB3594 - 26 - LRB104 07136 JRC 17173 b
957957
958958
959959 HB3594- 27 -LRB104 07136 JRC 17173 b HB3594 - 27 - LRB104 07136 JRC 17173 b
960960 HB3594 - 27 - LRB104 07136 JRC 17173 b
961961 1 Constitution and the Illinois Constitution, those applications
962962 2 shall be severed from all remaining applications of the
963963 3 provision, and the provision shall be interpreted as if the
964964 4 General Assembly had enacted a provision limited to the
965965 5 persons, group of persons, or circumstances for which the
966966 6 provision's application will not violate the United States
967967 7 Constitution and the Illinois Constitution.
968968 8 (d) The General Assembly further declares that it would
969969 9 have enacted this Act and each provision regardless of the
970970 10 fact that any provision or application of this Act were to be
971971 11 declared unconstitutional or to represent an unconstitutional
972972 12 burden.
973973 13 (e) If any provision of this Act is found by any court to
974974 14 be unconstitutionally vague, then the applications of that
975975 15 provision that do not present constitutional vagueness
976976 16 problems shall be severed and remain in force.
977977 17 (f) A court may not decline to enforce the severability
978978 18 requirements of this Section on the ground that severance
979979 19 would rewrite the statute or involve the court in legislative
980980 20 or lawmaking activity. A court that declines to enforce or
981981 21 enjoins a State official from enforcing a statutory provision
982982 22 of this Act does not rewrite a statute, as the statute
983983 23 continues to contain the same words as before the court's
984984 24 decision.
985985 25 (g) A statute that provides financial benefits to victims
986986 26 or survivors of climate disasters, extreme weather
987987
988988
989989
990990
991991
992992 HB3594 - 27 - LRB104 07136 JRC 17173 b
993993
994994
995995 HB3594- 28 -LRB104 07136 JRC 17173 b HB3594 - 28 - LRB104 07136 JRC 17173 b
996996 HB3594 - 28 - LRB104 07136 JRC 17173 b
997997 1 attributable to climate change, or harms resulting from
998998 2 long-term changes to the climate system or results in the
999999 3 collection of damages by the State for damage to consumers and
10001000 4 State interests, may not be construed to repeal any other
10011001 5 statute that addresses climate disasters, extreme weather
10021002 6 attributable to climate change, and harms resulting from
10031003 7 long-term changes to the climate system, either wholly or
10041004 8 partly, unless the later-enacted statute explicitly states
10051005 9 that it is repealing the other statute.
10061006 10 (h) Every statute that provides financial benefits to
10071007 11 victims or survivors of climate disasters, extreme weather
10081008 12 attributable to climate change, and harms resulting from
10091009 13 long-term changes to the climate system or results in the
10101010 14 collection of damages by the State for damage to consumers and
10111011 15 State interests from climate disasters, extreme weather
10121012 16 attributable to climate change, and harms resulting from
10131013 17 long-term changes to the climate system, is severable in each
10141014 18 of its applications to every person and circumstance. If any
10151015 19 statute that provides financial benefits to victims or
10161016 20 survivors of climate disasters, extreme weather attributable
10171017 21 to climate change, and harms resulting from long-term changes
10181018 22 to the climate system, or results in the collection of damages
10191019 23 by the State for damage to consumers and State interests from
10201020 24 climate disasters, extreme weather attributable to climate
10211021 25 change, and harms resulting from long-term changes to the
10221022 26 climate system, is found by any court to be unconstitutional,
10231023
10241024
10251025
10261026
10271027
10281028 HB3594 - 28 - LRB104 07136 JRC 17173 b
10291029
10301030
10311031 HB3594- 29 -LRB104 07136 JRC 17173 b HB3594 - 29 - LRB104 07136 JRC 17173 b
10321032 HB3594 - 29 - LRB104 07136 JRC 17173 b
10331033 1 either on its face or as applied, then all applications of that
10341034 2 statute that do not violate the United States Constitution and
10351035 3 the Illinois Constitution shall be severed from the
10361036 4 unconstitutional applications and shall remain enforceable,
10371037 5 notwithstanding any other law, and the statute shall be
10381038 6 interpreted as if containing language limiting the statute's
10391039 7 application to the persons, group of persons, or circumstances
10401040 8 for which the statute's application will not violate the
10411041 9 United States Constitution and the Illinois Constitution.
10421042 10 Section 45. Savings.
10431043 11 (a) All existing litigation filed in State courts under
10441044 12 the statutes of this State may not be expressly or impliedly
10451045 13 preempted, displaced, mooted, or dismissed upon any other
10461046 14 prudential consideration arguably arising from this Act.
10471047 15 (b) To the extent that any aspect of every and all existing
10481048 16 litigation filed in the courts of this State is reviewed for
10491049 17 the application of this Act, it is severable in each of its
10501050 18 applications to every person and circumstance. If any statute
10511051 19 that provides financial benefits to victims or survivors of
10521052 20 climate disasters, extreme weather attributable to climate
10531053 21 change, and harms resulting from long-term changes to the
10541054 22 climate system, or results in the collection of damages by the
10551055 23 State for damage to consumers and State interests from climate
10561056 24 disasters, extreme weather attributable to climate change, and
10571057 25 harms resulting from long-term changes to the climate system,
10581058
10591059
10601060
10611061
10621062
10631063 HB3594 - 29 - LRB104 07136 JRC 17173 b
10641064
10651065
10661066 HB3594- 30 -LRB104 07136 JRC 17173 b HB3594 - 30 - LRB104 07136 JRC 17173 b
10671067 HB3594 - 30 - LRB104 07136 JRC 17173 b
10681068 1 is found by any court to be unconstitutional, either on its
10691069 2 face or as applied, then all applications of that statute that
10701070 3 do not violate the United States Constitution and the Illinois
10711071 4 Constitution shall be severed from the unconstitutional
10721072 5 applications and shall remain enforceable, notwithstanding any
10731073 6 other law, and the statute shall be interpreted as if
10741074 7 containing language limiting the statute's application to the
10751075 8 persons, group of persons, or circumstances for which the
10761076 9 statute's application will not violate the United States
10771077 10 Constitution and the Illinois Constitution.
10781078 11 (c) The remedies provided in this Act are in addition to
10791079 12 any other remedy available to a person or the State at common
10801080 13 law or under statute. This Act may not be interpreted to
10811081 14 prevent a person or the State from pursuing a civil action or
10821082 15 any other remedy available at common law or under statute.
10831083 16 (d) This Act does not do any of the following:
10841084 17 (i) Relieve the liability of an entity for damages
10851085 18 resulting from climate change as provided by law.
10861086 19 (ii) Preempt, displace, or restrict any rights or
10871087 20 remedies of a person, the State, units of local
10881088 21 government, or tribal government under law relating to a
10891089 22 past, present, or future allegation of any of the
10901090 23 following:
10911091 24 (A) Deception concerning the effects of fossil
10921092 25 fuels on climate change.
10931093 26 (B) Damage or injury resulting from the role of
10941094
10951095
10961096
10971097
10981098
10991099 HB3594 - 30 - LRB104 07136 JRC 17173 b
11001100
11011101
11021102 HB3594- 31 -LRB104 07136 JRC 17173 b HB3594 - 31 - LRB104 07136 JRC 17173 b
11031103 HB3594 - 31 - LRB104 07136 JRC 17173 b
11041104 1 fossil fuels in contributing to climate change.
11051105 2 (C) Failure to avoid damage or injury related to
11061106 3 climate change, including claims for nuisance,
11071107 4 trespass, design defect, negligence, failure to warn,
11081108 5 or deceptive or unfair practices and claims for
11091109 6 injunctive, declaratory, monetary, or other relief.
11101110 7 (e) This Act does not preempt, supersede, or displace any
11111111 8 State law or local ordinance, regulation, policy, or program
11121112 9 that does any of the following:
11131113 10 (i) Limit, set, or enforce standards for emissions of
11141114 11 greenhouse gases.
11151115 12 (ii) Monitor, report, or keep records of emissions of
11161116 13 greenhouse gases.
11171117 14 (iii) Collect revenue through fees or levy taxes.
11181118 15 (iv) Conduct or support investigations.
11191119
11201120
11211121
11221122
11231123
11241124 HB3594 - 31 - LRB104 07136 JRC 17173 b