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September 8, 2025
Dear Chairs Barber and Rausch,
On behalf of the Greater Boston Chamber of Commerce and our over 1200 members, I write to offer testimony opposing H.1014 and S.588, An Act establishing a climate change superfund.
While the Chamber supports the Commonwealth’s goals to reduce greenhouse gas emissions, we have major concerns with this legislation that applies retroactive financial liability on individuals and businesses that produce and deliver lawful products to Massachusetts, used for lawful purposes, under a strict liability standard. Aside from the numerous legal and Constitutional issues the bill presents (similar proposals are currently subject to litigation in New York and Vermont),i attempting to penalize entities for legal conduct occurring decades ago – beginning in 1995 – without any consideration to alleged causation or damages attributable to a specific covered entity creates terrible precedent for businesses seeking to provide goods and services to Massachusetts. This approach is unfair and does not further the Commonwealth’s efforts to modernize our energy infrastructure to reduce emissions.
While the Commonwealth embarks on a long-term transition to cleaner forms of energy, people, government, and businesses in the Commonwealth still rely on energy sources such as natural gas and gasoline to heat their homes, deliver goods and services, and power their vehicles. Government buildings, public transit, air travel, public safety response, residential and commercial electricity and heating are all still powered largely by these fuels. Progress to renewable energy sources is ongoing, but for now, these resources are critical to the economy as well as personal and professional lives. Imposing penalties on entities for providing our energy needs that the vast majority of individuals, government, and business depend on is fundamentally problematic. This is particularly true when retroactive in nature – whether you believe low emission alternatives exist today, they certainly did not at scale 30 years ago.
Finally, as the Commonwealth grapples with affordability and cost of living challenges, this bill, if enacted, could potentially add thousands of dollars of costs on residents, further straining the budget of our workforce. A recent analysis from the U.S. Chamber of Commerce’s Institute of Legal Reform estimated that for every $1 billion in fees under this bill, each Massachusetts household could pay $167 more in transportation costs, $61 in pass-through costs, and $41 in electric bills.ii Given previous versions of this bill filed last session suggested a $75 billion fine, those costs could dramatically increase.
For these and numerous other concerns, we urge the committee to give H.1014 and S.588 an unfavorable report. Thank you for your consideration.
Sincerely,
James E. Rooney
President and CEO
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