Senator Wiener's climate disaster accountability legislation establishes new legal pathways for Californians and insurers to seek damages from fossil fuel companies that engaged in deceptive practices about their products' climate impacts. The bill authorizes civil actions against companies that misled the public about connections between their fossil fuel products and climate change when plaintiffs suffer at least $10,000 in damages from qualifying climate disasters or extreme weather events.

The legislation creates strict liability standards for responsible parties, removing traditional legal defenses like ignorance of law or reliance on overturned court decisions. Courts must award prevailing plaintiffs full compensatory and punitive damages, including costs of property restoration and medical care. The bill also empowers insurers to pursue damages through subrogation claims against responsible parties after paying climate disaster claims.

For the California FAIR Plan Association, the state's insurer of last resort, the bill requires establishing an independent advisory body to evaluate cost-benefit analyses of subrogation claims. Member insurers face adjusted assessments based on whether they exercise subrogation rights - those pursuing claims receive a 10 percent reduction while those declining face a 10 percent increase. The legislation preserves existing environmental and consumer protection laws while excluding government entities from liability.

The bill takes effect immediately upon passage, citing recent catastrophic events including January 2025 fires that caused 24 deaths and an estimated $20 billion in insured losses. Additional urgency factors include sharp increases in insurance non-renewals, premiums, and FAIR Plan participation rates across California.