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