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SB 2024

AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND CLIMATE SUPERFUND ACT OF 2026

2026 Regular Session Introduced by Jonathon Acosta and 9 co-sponsors

Rhode Island creates a Climate Superfund to recover public climate response costs from major fossil fuel producers using an attribution-based liability framework.

05/21/2026 Committee recommended measure be held for further study
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Bill Summary · SB 2024

Overview

  • Bill: SB 2024
  • Session: 2026
  • Jurisdiction: Rhode Island
  • Title: AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT — RHODE ISLAND CLIMATE SUPERFUND ACT OF 2026
  • Purpose: Establish a Rhode Island Climate Superfund to recover costs incurred by public entities for climate change response work and fund projects through a new climate superfund account. The act applies a “polluter pays” approach to determine and recover costs from responsible fossil fuel producers.

Main purpose and intent

  • Create a remedial cost-recovery mechanism to address climate-change-related damages and adaptation costs borne by the state, municipalities, and certain public and community interests.
  • Hold fossil fuel producers accountable for a fair and proportionate share of expenditures necessary to respond to climate-related harms.
  • Utilize a defined attribution framework to calculate each responsible party’s share of greenhouse gas emissions linked to their fossil fuel extraction or refining activities.

Key provisions and changes

  • Establishment of the Rhode Island Climate Superfund Act of 2026 (Chapter 42-6.3 of Title 42).
  • Definitions (Chapter 42-6.3-2):
    • “Climate superfund account” to hold recovered funds.
    • “Accepted attribution methodology” aligned with IPCC-recognized approaches and EPA emissions factors to determine emissions attributable to a party.
    • “Covered greenhouse gas emissions,” “covered period” (Jan 1, 2000 – Dec 31, 2025), and “responsible party” (entity responsible for >1,000,000,000 tons of covered GHG during the period; excludes parties lacking constitutional nexus to the state).
    • Broadly defined “climate change response work” (infrastructure, resilience, energy system, ecosystem restoration, emergency planning, etc.).
    • Other terms: “cost recovery demand,” “qualifying expenditure,” “program,” etc.
  • Implementation and administration (42-6.3-3):
    • DEM authority to hire staff, adopt rules, and administer the program.
    • Administrative inventory within 12 months: identify eligible climate change response work and expenditures and publish a public report.
    • Proportional liability and demands within 18 months: determine each responsible party’s share using accepted attribution methodology and issue cost recovery demands.
    • Information requests and transparency obligations for responsible parties.
    • Climate superfund account housed with the State Treasurer; funds limited to qualified expenditures.
    • Reimbursements to municipalities, tribal governments, and community organizations through an equitable allocation system.
    • Coordination with Attorney General, Department of Health, and Office of Energy Resources; emergency regulations allowed.
    • Non-preemption: act does not override other climate laws.
  • Liability and payment (42-6.3-4):
    • Joint and several liability for aggregated entities.
    • Primary payment deadline: 6 months from demand issuance, with potential installment plans (subject to limits) and interest on late payments.
    • Installment protections: caps and criteria; conditions under which installments can be accelerated or deemed due.
    • Administrative hearings and appeals process.
  • Enforcement (42-6.3-5):
    • Concurrent enforcement by DEM and Attorney General; penalties and recovery of costs and relief available.
    • Late payment penalties: 10% per annum on unpaid amounts.
    • Rights and remedies not diminished; does not preempt other climate laws.
  • Severability (42-6.3-6): If part of the chapter is invalid, the remainder remains in effect.
  • Effective date: Upon passage.

Who/what would be affected

  • Responsible parties: Fossil fuel producers and refiners meeting the defined threshold (over 1 billion tons of covered GHG emissions during the 2000–2025 period) or successors.
  • State and municipal governments, tribal governments, and community organizations: potential recipients of reimbursements for climate change response costs.
  • DEM, Attorney General, Department of Health, and Office of Energy Resources: primary state agencies implementing and enforcing the program.
  • General public: indirect beneficiaries through climate resilience projects and infrastructure improvements funded by the program.

Procedural and timeline aspects

  • Administrative inventory: within 12 months of enactment.
  • Proportional liability calculations and cost recovery demands: within 18 months.
  • Issuance of cost recovery demands to responsible parties: follows the proportional calculations.
  • Payment timelines: standard 6-month payment window for demands; installments available under specified conditions.
  • Legal processes: administrative hearings, appeals to superior court, and concurrent enforcement by DEM and AG.

Potential impacts and considerations

  • Ambitious framework to recover state and local climate-related costs from fossil fuel producers.
  • Uses attribution methodologies aligned with IPCC and EPA emissions data to determine liability.
  • Creates a dedicated climate superfund account for transparent tracking and disbursement of funds to climate resilience projects and reimbursements.
  • Could influence fossil fuel industry behavior if substantially large demands are pursued.
  • Interaction with existing climate and environmental laws; explicit statement that this act does not preempt other regulations.

Note: The measure is in the introduction stage with scheduled consideration, and specifics may evolve through amendments and legislative action.

Compiled from official sources — confirm details with the bill’s official record.

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