You seem to be misunderstanding my point. I'm definitely all for passive listeners. But I am very much against putting more workarounds for shitty developers directly into the browser.
By marking a touch or wheel listener as passive, the developer is promising the handler won't call preventDefault to disable scrolling.
Shitty developers who are lazy aren't likely to add that to their code if it 'works' without it. They are shitty after all. They won't care about a janky scroll on their webpage. Heck, they probably won't even test different ways of scrolling. Therefore it's fair to think this change is for awesome developers who test things and find that there's a problem, and need a way to fix it.