BILL ANALYSIS Ó SB 185 Page 1 Date of Hearing: June 24,2015 ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY Rob Bonta, Chair SB 185 (De León) - As Amended June 2, 2015 SENATE VOTE: 24-14 SUBJECT: Public retirement systems: public divestiture of thermal coal companies. SUMMARY: Prohibits the California Public Employees' Retirement System (CalPERS) and California State Teachers' Retirement System (CalSTRS) from investing in thermal coal companies, as specified. Specifically, this bill: 1)Prohibits the CalPERS and CalSTRS from making new or additional investments of public employee retirement funds in thermal coal companies. 2)Requires CalPERS and CalSTRS to liquidate investments in thermal coal companies on or before July 1, 2017. SB 185 Page 2 3)States that CalPERS and CalSTRS, in making a determination to liquidate investments in a thermal coal company, are to constructively engage with the thermal coal company to establish whether the company is transitioning its business model to adapt to clean energy generation, such as through a decrease in its reliance on thermal coal as a revenue source. 4)Defines thermal coal as coal used to generate electricity and excludes from the definition "metallurgical" or "coking" coal used to produce steel. 5)Defines a thermal coal company as a publicly traded company that generates 50% or more of its revenue from the mining of thermal coal. 6)Requires CalPERS and CalSTRS to file a report with the Legislature and the Governor on or before January 1, 2018, which must include: a) A list of thermal coal companies of which the board has liquidated its investments. b) A list of companies with which the board engaged and that the board established were transitioning to clean energy generation, with supporting documentation to substantiate the board's determination. c) A list of thermal coal companies of which the board has not liquidated its investments as a result of a SB 185 Page 3 determination that a sale or transfer of investments is inconsistent with the board's fiduciary duty along with the board's findings adopted in support of that determination. 7)States that nothing in this bill requires CalPERS and CalSTRS to take action unless they determine, in good faith, that the action is consistent with their fiduciary responsibilities as described in Section 17 of Article XVI of the California Constitution. 8)Provides that CalPERS and CalSTRS board members and other covered persons, as described, are indemnified from the General Fund and held harmless by the State of California from all claims, demands, suits, etc., sustained by reason of any decision to restrict, reduce, or eliminate investments pursuant to this bill's provisions. EXISTING LAW: 1)Pursuant to the California Constitution provides that: a) The respective boards of California's public retirement systems have "plenary authority and fiduciary responsibility for investment of monies and administration of the system." b) The Legislature retains its authority, by statute "to prohibit certain investments by a retirement board where it is in the public interest to do so, and provided that the prohibition satisfies the standards of fiduciary care and loyalty required of a retirement board pursuant to this SB 185 Page 4 section." c) The members of the retirement board of a public pension or retirement system shall discharge their duties with respect to the system solely in the interest of, and for the exclusive purposes of providing benefits to, participants and their beneficiaries, minimizing employer contributions thereto, and defraying reasonable expenses of administering the system." 2)Prohibits CalPERS and CalSTRS from investing in companies with active business operations in Sudan and in Iran, as specified. FISCAL EFFECT: According to the Senate Appropriations Committee: "One-time administrative/transactional costs of approximately $683,500 and $129,100 annual ongoing costs to CalSTRS (Special Fund). One-time administrative/transactional costs of approximately $1.46 million and $365,000 annual ongoing costs to CalPERS (Special Fund). "CalSTRS indicates that the pension system currently invests in 12 companies with a combined market value of approximately $40 million that meet the definition of thermal coal company. CalPERS invests in approximately 20-30 thermal coal companies valued at approximately $100-$200 million. The pension systems may additionally incur opportunity costs if suitable alternative investments are unavailable." SB 185 Page 5 COMMENTS: According to the author, "Coal combustion for energy generation is the single leading cause of the pollution that causes global climate change." Also, burning coal is "a leading cause of smog, acid rain, and toxic air pollution. Some emissions can be significantly reduced with readily available pollution controls, but most U.S. coal plants have not installed these technologies." According to CalPERS and CalSTRS, the two funds "are members of the Investor Network on Climate Risk - a leading network of 100 U.S. institutional investors, representing more than $10 trillion, addressing a policy agenda that calls on governments and regulators to introduce carbon pricing and disclosure, so that risks can be addressed effectively. This is part of a global effort among investors worth $24 trillion that have signed and supported the United Nations Statement on Climate Change." Also, the two funds state "our pension funds prefer constructive engagement to divesting as a means of affecting the conduct of companies in which we invest." "When considering divestment, we firmly believe that active and direct engagement as a first line approach is the best way to resolve issues." According to supporters, "Many reputable investment advisors and market data firms, like MSCI and FTSE, have produced research SB 185 Page 6 that shows the effects of fossil fuel divestment on a portfolio are de minimis. In fact, over the past five years, fossil free portfolios have outperformed the market while maintaining low risk metrics. The coal companies in question have been a drag on the retirement system for the last decade. Since 2008 the coal industry has plummeted in stock value by 66.9 percent. Divesting from coal is not only the right thing to do, it's the prudent and logical thing to do." Opponents believe this bill "unfairly targets one type of business in which to divest from state retirement funds, starting down a slippery slope for divestiture from other businesses based on principles unrelated to fiduciary responsibility to the retirees." Current and Prior Legislation: AB 1410 (Nazarian), of this year, would have prohibited CalPERS and CalSTRS from investing public employee retirement funds in specified investments issued by, owned, controlled, or managed by the government of Turkey. This bill was held in the Assembly Appropriations Committee. AB 761 (Dickinson), of 2013, would have prohibited CalPERS and CalSTRS from investing in companies that manufacture firearms or ammunition for a recipient other than the U.S. military, subject to a process specified in the bill and consistent with previous SB 185 Page 7 divestment legislation, but subject to the board's fiduciary duties. This bill was held in the Assembly Appropriations Committee. AB 221 (Anderson), Chapter 671, Statutes of 2007 prohibited CalPERS and CalSTRS from investing in companies that have specified energy or defense-related operations in Iran. AB 2941 (Koretz, Chapter 442, Statutes of 2006) prohibited CalPERS and CalSTRS from investing public employee retirement funds in a company with business operations in the Sudan, as specified. SB 185 Page 8 REGISTERED SUPPORT / OPPOSITION: Support Alliance of Nurses for Healthy Environments American Academy of Pediatrics-California American Lung Association in California Asian Environmental Pacific Network Baz Allergy, Asthma and Sinus Center California Black Health Network California Democratic Party California Environmental Justice Alliance SB 185 Page 9 California Faculty Association California Federation of Teachers California League of Conservation Voters California Nurses Association California Public Health Association Center for Climate Change & Health; Public Health Institute Coalition for Clean Air Cool Davis Foundation Cool Planet Working Group Doctors for Climate Health Earthworks Environment California Environmental Health Coalition SB 185 Page 10 Fossil Free CA Friends Committee on Legislation of California Health Care Without Harm Human Impact Partners Natural Resources Defense Council Physicians for Social Responsibility Physicians for Social Responsibility-Los Angeles Public Health Institute Regional Asthma Management and Prevention SanDiego350 San Francisco Asthma Task Force SEIU Local 1000 Sierra Club SB 185 Page 11 Sonoma County Asthma Coalition Yolo Moveon Council Opposition California Business Properties Association California Chamber of Commerce California Independent Petroleum Association California Manufacturers and Technology Association Construction Trucking Association National Federation of Independent Business Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916) 319-3957 SB 185 Page 12