HB 1931 — An Act providing for a judicial forum for claims for damages stemming from climate disasters, extreme weather attributable to climate change and harms resulting from long-term changes to the climate system.

PRINTER'S NO.   2421

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 1931
                                              Session of
                                                2025

     INTRODUCED BY WEBSTER, HOWARD, HILL-EVANS, PROBST, SANCHEZ,
        K.HARRIS AND GREEN, OCTOBER 7, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 8, 2025


                                   AN ACT
 1   Providing for a judicial forum for claims for damages stemming
 2      from climate disasters, extreme weather attributable to
 3      climate change and harms resulting from long-term changes to
 4      the climate system.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7   Section 1.   Short title.
 8      This act shall be known and may be cited as the Extreme
 9   Weather Recovery Act.
10   Section 2.   Legislative intent.
11      The General Assembly finds and declares as follows:
12          (1)   The General Assembly finds that responsible parties
13      shall be accountable to harmed parties.
14          (2)   The General Assembly explicitly authorizes a right
15      of action to harmed parties, including individuals,
16      businesses and associations.
17          (3)   The Commonwealth has a sovereign and compelling
18      interest in providing a forum for individuals, businesses and
19      associations sustaining injuries and harms caused by
 1      responsible parties' deceptive behavior and linked to the
 2      harms of responsible parties' products and actions.
 3          (4)   It is the intent of the General Assembly to provide
 4      a judicial forum for the efficient, just and equitable
 5      resolution of harmed parties' claims for damages stemming
 6      from climate disasters, extreme weather attributable to
 7      climate change and harms resulting from long-term changes to
 8      the climate system against responsible parties.
 9   Section 3.   Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Amount in controversy."      The damages claimed or relief
14   demanded by the injured party or parties in a lawsuit.
15      "Climate disaster."      An event that meets any of the following
16   threshold qualifications and is determined by impact attribution
17   science or extreme event attribution science to be substantially
18   worsened or caused by climate change from responsible parties'
19   products or extreme weather attributable to climate change from
20   responsible parties' products:
21          (1)   A major disaster as defined by the Federal Emergency
22      Management Agency Glossary in July 2024.
23          (2)   A catastrophic incident as defined by the Federal
24      Emergency Management Agency Glossary in July 2024, not
25      including events linked to terrorism.
26          (3)   An event that does qualify, or would have qualified,
27      for inclusion on the National Centers for Environmental
28      Information's Billion-Dollar Weather and Climate Disasters
29      program and data list as it existed in July 2024.
30          (4)   A state of emergency or disaster declaration as

20250HB1931PN2421                     - 2 -
 1      defined in 35 Pa.C.S. § 7301(c) (relating to general
 2      authority of Governor).
 3      "Covered period."   The period from 1965 to the effective date
 4   of this section.
 5      "Extreme event attribution science."      Research aimed at
 6   understanding how human-induced changes in the global climate
 7   system affect the probability, severity and other
 8   characteristics of extreme weather events such as hurricanes and
 9   heat waves.
10      "Extreme weather attributable to climate change."      Weather,
11   climate or environmental conditions, including temperature,
12   precipitation, drought or flooding that are consistent with
13   impacts or events that are attributable to climate change and
14   where the intensity, magnitude, location, timing or extent of
15   the event lie outside the historical distribution of
16   measurements for that type of event or impact for a particular
17   place and time of year. The term includes events that extreme
18   event attribution science determines were made more likely or
19   severe by climate change.
20      "Gross negligence."   Negligence which is materially greater
21   than the mere absence of reasonable care under the circumstances
22   and which is characterized by indifference to or reckless
23   disregard of the rights of others.
24      "Harmed parties."   A person, business or association harmed
25   or suffering damages in the amount of at least $10,000 as a
26   result of a climate disaster or extreme weather attributable to
27   climate change.
28      "Impact attribution science."      Research aimed at
29   understanding how global climate change affects human and
30   natural systems, including localized physical impacts, such as

20250HB1931PN2421                  - 3 -
 1   floods, droughts and sea level rise, and the corresponding
 2   effects on infrastructure, public health, ecosystems,
 3   agriculture and economies.
 4      "Long-term changes to the climate system."    The following:
 5          (1)   Increases in average temperature.
 6          (2)   Disruptions to ocean chemistry, circulation and
 7      temperature.
 8          (3)   Sea level rise.
 9          (4)   Variation in precipitation.
10          (5)   Saltwater intrusion into drinking water.
11          (6)   Sunny day flooding.
12          (7)   Decreased snowpack and seasonal water availability.
13          (8)   Drought.
14          (9)   Species mortality and extinction.
15      "Qualified product."   A fossil fuel product, including:
16          (1)   Crude petroleum oil and all other hydrocarbons,
17      regardless of gravity, that are produced at the wellhead in
18      liquid form by ordinary production methods.
19          (2)   Natural, manufactured, mixed and byproduct
20      hydrocarbon gas.
21          (3)   Refined crude oil, crude tops, topped crude,
22      processed crude, processed crude petroleum, residue from
23      crude petroleum, cracking stock, uncracked fuel oil, fuel
24      oil, treated crude oil, residuum, gas oil, casinghead
25      gasoline, natural-gas gasoline, kerosene, benzine, wash oil,
26      waste oil, blended gasoline, lubricating oil and blends or
27      mixtures of oil with one or more liquid products or
28      byproducts derived from oil or gas.
29      "Responsible party."   A firm, corporation, company,
30   partnership, society, joint stock company or any other entity or

20250HB1931PN2421                   - 4 -
 1   association that emitted or caused to be emitted through the
 2   extracting, storing, transporting, refining, importing,
 3   exporting, producing, manufacturing, distributing, compounding,
 4   marketing or offering for wholesale or retail sale, a qualified
 5   product with total greenhouse gas emissions of at least one
 6   billion metric tons of carbon dioxide equivalent during the
 7   covered period. The term does not include any public utility,
 8   public authority or the Commonwealth or its political
 9   subdivisions.
10      "Statute of limitations."     An action under this act must be
11   commended within three years after the cause of action accrued.
12      "Strict liability."     Liability that does not depend on actual
13   negligence or intent to harm but that is based on the breach of
14   an absolute duty to make something safe.
15   Section 4.     Civil action enforcement.
16      (a)     Exclusivity.--The requirements of this act shall be
17   enforced exclusively through the civil actions described in this
18   act.
19      (b)     Conditions.--A person, other than an officer or employee
20   of a State or local governmental entity, may bring a civil
21   action against a responsible party when the following conditions
22   are met:
23            (1)   The person qualifies as a harmed party.
24            (2)   During any part of the covered period, the
25      responsible party did business in this Commonwealth, was
26      registered to do business in this Commonwealth, was appointed
27      an agent of the Commonwealth or otherwise had sufficient
28      contacts with the Commonwealth to give the Commonwealth
29      jurisdiction over the responsible party under State law.
30            (3)   The statute of limitations for the action has not

20250HB1931PN2421                    - 5 -
 1      expired.
 2      (c)   Liability.--A responsible party is jointly and severally
 3   liable to a plaintiff for strict liability if the plaintiff is a
 4   harmed party.
 5      (d)   Location of action.--A harmed party shall be entitled to
 6   bring an action against a responsible party for recovery of
 7   damages in:
 8            (1)   the county in which all or a substantial part of the
 9      events giving rise to the action occurred;
10            (2)   the county of residence for any one of the natural
11      person defendants at the time the cause of action accrued;
12            (3)   the county of the principal office in this
13      Commonwealth of any one of the defendants that is not a
14      natural person; or
15            (4)   the county of residence for any plaintiff if the
16      plaintiff is a natural person residing in this Commonwealth.
17      (e)   Transfer of venue.--If a civil action is brought under
18   this act in one of the venues described in subsection (d), the
19   action may not be transferred to a different venue, including
20   Federal court, without the written consent of all parties.
21      (f)   Enforcement.--
22            (1)   The fact that a harmed party brings legal action
23      against a responsible party under this act shall not be an
24      independent basis for enforcement of any other law of this
25      Commonwealth, or the denial, revocation, suspension or
26      withholding of any right or privilege conferred by the law of
27      this Commonwealth or a political subdivision, or a threat to
28      do the same, by this Commonwealth, a political subdivision, a
29      district, county or city attorney or an executive or
30      administrative officer or employee of this Commonwealth or a

20250HB1931PN2421                    - 6 -
 1         political subdivision, or a board, commission or similar body
 2         assigned authority to do so under law, against any person.
 3               (2)   A civil action predicated upon a violation of this
 4         act shall not be brought by this Commonwealth, a political
 5         subdivision, a district, county or city attorney or an
 6         executive or administrative officer or employee of this
 7         Commonwealth or a political subdivision.
 8         (g)   Construction.--Nothing in this act shall be construed
 9   to:
10               (1)   Limit the enforceability of any other laws that
11         regulate or prohibit any conduct relating to climate
12         disasters, extreme weather, greenhouse gas emissions or
13         consumer protection.
14               (2)   Replace legally mandated disaster recovery funds,
15         designated disaster recovery funds established via
16         legislation or administrative rule or contractually obligated
17         or court-ordered insurance claim payouts.
18         (h)   Award.--If a claimant prevails in an action brought
19   under this section, the court shall award all of the following:
20               (1)   The full extent of noneconomic, compensatory and
21         punitive damages allowable under the laws of this
22         Commonwealth.
23               (2)   Compensatory damages in an amount of not less than
24         the fair market value of recovering, recouping, rebuilding or
25         remediating the value of lost, damaged and destroyed
26         property.
27               (3)   Compensatory damages in an amount not less than the
28         cost of injuries to the harmed party, including medical care,
29         mental and behavioral health care, past and present pain and
30         suffering and emotional distress.

20250HB1931PN2421                       - 7 -
 1      (i)   Time limitation.--A cause of action under this section
 2   shall be extinguished unless the action is brought not later
 3   than three years after the cause of action accrues.
 4      (j)   Injury in fact.--
 5            (1)   The connection of a climate disaster, extreme
 6      weather attributable to climate change or harms resulting
 7      from long-term changes to the climate system to alleged
 8      injuries shall be deemed an injury in fact for all residents
 9      of, and visitors to, this Commonwealth harmed by the event.
10            (2)   A person alleging injuries under this subsection
11      shall have standing to bring a civil action under this act.
12      (k)   Mediation or arbitration.--An action brought under this
13   section may be resolved by settlement through mediation or
14   arbitration upon written consent of both parties. Mediation or
15   arbitration may not be mandated by the courts of this
16   Commonwealth.
17      (l)   Intervention prohibited.--The Commonwealth, a
18   Commonwealth official or a district, county or city attorney may
19   not intervene in an action brought under this section. This
20   subsection does not prohibit a person described by this
21   subsection from filing an amicus curiae brief in the action.
22      (m)   Costs and fees.--A court may not award attorney fees or
23   costs to a defendant in an action brought under this section,
24   unless the plaintiff was represented by counsel in the action
25   and plaintiff's counsel is found to be in violation of the rules
26   of professional conduct or civil procedure in this Commonwealth.
27      (n)   Acts or omissions.--An action under this section shall
28   not be brought against the Federal Government, the Commonwealth,
29   a political subdivision or an employee of the Federal
30   Government, the Commonwealth or a political subdivision on the

20250HB1931PN2421                    - 8 -
 1   basis of acts or omissions in the course of discharge of
 2   official duties.
 3   Section 5.     Offsets to damages and defenses to liability.
 4      (a)   Offsets.--All of the following are offsets to damages:
 5            (1)   Payments made to a harmed party under a contract of
 6      insurance. An insurer has the right to bring a subrogation
 7      action against a responsible party for recovery of payments
 8      made to a harmed party under a contract of insurance
 9      regardless of whether the insured has been made whole.
10            (2)   Evidence that a harmed party fully recovered from a
11      public body for alleged injuries.
12      (b)   Affirmative defense.--The defendant has the burden of
13   proving an affirmative defense under this subsection by a
14   preponderance of the evidence. All of the following are
15   affirmative defenses to an action brought under this act:
16            (1)   Evidence of intentional destruction of property or
17      intentional worsening of damage to reach the amount in
18      controversy threshold.
19            (2)   Evidence of gross negligence by the harmed party.
20   Section 6.     Fee and cost shifting from challenges to
21                  enforcement.
22      (a)   Liability for fees.--A person who seeks declaratory or
23   injunctive relief to prevent the Commonwealth, a political
24   subdivision, a governmental entity or public official or a
25   person in this Commonwealth from enforcing any portion of this
26   statute, Pennsylvania Rules of Civil Procedure or any other
27   related law that promotes consumer protection and remedies to
28   injuries from climate disasters, extreme weather attributable to
29   climate change and harms resulting from long-term changes to the
30   climate system, or that represents any litigant seeking relief,

20250HB1931PN2421                    - 9 -
 1   is jointly and severally liable to pay the attorney fees and
 2   costs of the prevailing party.
 3      (b)   Prevailing party.--For purposes of this section, a party
 4   is considered a prevailing party if a court does either of the
 5   following:
 6            (1)   dismisses any claim or cause of action brought by
 7      the party seeking the declaratory or injunctive relief
 8      described in subsection (a), regardless of the reason for the
 9      dismissal; or
10            (2)   enters judgment in favor of the party opposing the
11      declaratory or injunctive relief described in subsection (a),
12      on any claim or cause of action.
13      (c)   Time limit for recovery of fees.--Regardless of whether
14   a prevailing party sought to recover attorney fees or costs in
15   the underlying action, a prevailing party under this section may
16   bring a civil action to recover attorney fees and costs against
17   a person that sought declaratory or injunctive relief described
18   under subsection (a) not later than the third anniversary of the
19   date on which, as applicable:
20            (1)   The dismissal or judgment described in subsection
21      (b) becomes final upon the conclusion of appellate review.
22            (2)   The time for seeking appellate review expires.
23      (d)   Defense.--The following are not a defense to an action
24   brought under subsection (c):
25            (1)   A prevailing party under this section failed to seek
26      recovery of attorney fees or costs in the underlying action.
27            (2)   The court in the underlying action declined to
28      recognize or enforce the requirements of this section.
29            (3)   The court in the underlying action held that any
30      provision of this section is invalid, unconstitutional or

20250HB1931PN2421                    - 10 -
 1      preempted by Federal law, notwithstanding the doctrines of
 2      issue or claim preclusion.
 3      (e)    Not deemed prevailing party.--A person who seeks
 4   declaratory or injunctive relief as described in subsection (a)
 5   shall not be deemed a prevailing party under this act.
 6   Section 7.      Limitations.
 7      This act shall not be construed to:
 8             (1)   Authorize the initiation of a cause of action under
 9      this act against an entity that is not a responsible party.
10             (2)   Authorize the initiation of a cause of action under
11      this act when the amount in controversy requirements are not
12      met.
13             (3)   Wholly or partly repeal, either expressly or by
14      implication, any other statute that regulates or prohibits
15      any conduct relating to climate disasters, extreme weather
16      attributable to climate change and harms resulting from long-
17      term changes to the climate system.
18   Section 8.      Effects.
19      (a)    Remedies.--The remedies provided in this act are in
20   addition to any other remedy available to a person or the
21   Commonwealth at common law or under statute. This act may not be
22   interpreted to prevent a person or the Commonwealth from
23   pursuing a civil action or any other remedy available at common
24   law or under statute.
25      (b)    Rights, liabilities and remedies.--This act does not:
26             (1)   Relieve the liability of an entity for damages
27      resulting from climate change.
28             (2)   Preempt, displace or restrict any rights or remedies
29      of a person, the Commonwealth, units of local government or
30      tribal government under law relating to a past, present or

20250HB1931PN2421                     - 11 -
 1      future allegation of any of the following:
 2                  (i)    Deception concerning the effects of fossil fuels
 3            on climate change.
 4                  (ii)    Damage or injury resulting from the role of
 5            fossil fuels in contributing to climate change.
 6                  (iii)    Failure to avoid damage or injury related to
 7            climate change, including claims for nuisance, trespass,
 8            design defect, negligence, failure to warn or deceptive
 9            or unfair practices and claims for injunctive,
10            declaratory, monetary or other relief.
11      (c)   No preemption or displacement.--This act does not
12   preempt, supersede or displace any State law or local ordinance,
13   regulation, policy or program that:
14            (1)   Limits, sets or enforces standards for emissions of
15      greenhouse gases.
16            (2)   Monitors, reports or keeps records of emissions of
17      greenhouse gases.
18            (3)   Collects revenue through fees or levy taxes.
19            (4)   Conducts or supports investigations.
20   Section 9.     Severability.
21      The provisions of this act are severable. If any provision of
22   this act or its application to any person or circumstance is
23   held invalid, the invalidity shall not affect other provisions
24   or applications of this act which can be given effect without
25   the invalid provision or application.
26   Section 10.     Effective date.
27      This act shall take effect in 60 days.




20250HB1931PN2421                       - 12 -