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Connecticut debates climate superfund bill that energy companies oppose

(The Center Square) – Should Connecticut have a “climate change superfund?” That was the topic of a conversation Monday in a hearing held by the Connecticut General Assembly’s Environment Committee.

Also known as House Bill 6280, the so-called superfund would require energy companies to pay for climate mitigation, resiliency and adaptation projects. However, industry groups such as American Petroleum Institute (API) argued in testimony submitted to the House Environment Committee that the superfund is “bad public policy” and “unconstitutional.” As a result, API wants to see HB 6280 defeated.

“While API appreciates the goal of funding environmental programs, this legislation is not the way to effectuate this objective,” said Michael Giaimo, API’s Northeast Region Director. “API is extremely concerned that the bill retroactively imposes costs and liability on prior activities that were legal, violates equal protection and due process rights by holding companies responsible for the actions of society at large, and is preempted by federal law.”

Giaimo also pointed to a complaint filed last year by API and the U.S. Chamber of Commerce challenging the legality of similar legislation in Vermont.

“API strongly encourages Connecticut lawmakers to exercise prudence and refrain from passing this climate superfund legislation given there is pending litigation on this issue which is rife with uncertainty and legal questions,” said Giaimo. “API suggests that the state not commit resources to a bill that is effectively already being litigated in another state.”

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Other opponents of HB 6280 include Pete Myers, senior public policy associate at the Connecticut Business & Industry Association (CBIA) and Charles Baugh, a self-described oppressed citizen.

“I could go on forever about how most of the currently proposed energy policies are just awful, but in the sake of brevity, I will respectfully DEMAND that you OPPOSE them all,” said Baugh.

Environmentalists want to see HB 6280 become a reality. For example, Helen Humphreys of Connecticut Citizen Action Group (CCAG) told the committee by video that the superfund would help residents, protect Connecticut from further climate change, and increase needed resiliency efforts.

“Fossil fuels have scientifically been proven to be the leading cause of climate change and Connecticut is far from safe from those climate consequences,” said Humphreys, CCAG’s Communications Coordinator.

Sponsors of HB 6280 include state Representatives Steven Winter, Mary Mushinsky, and Michael Shannon, all Democrats. Senator Herron Gaston (D) has companion legislation in the Senate.

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