Legislation/Guidance in Effect
Title |
Key Dates |
Nature of |
ESG Category |
Summary |
HB1845: To Amend The Law Concerning Environmental, Social Justice, Or Governance Scores |
Effective date |
Legislation |
Restrict Use of ESG Factors; Focus on Pecuniary Characteristics |
■ Amends existing Arkansas statute to authorize the ESG Oversight Committee, as created by HB1307 below, to replace the State Treasurer in determining whether a financial service provider violates the state's ESG rules. |
Effective date |
Legislation |
Restrict Use of ESG Factors; Focus on Pecuniary Characteristics |
■ Authorizes the state treasurer to maintain a list of certain financial services providers and to divest certain investments or obligations due to the use of environmental, social justice, or governance-related metrics and discrimination against the energy, fossil fuel, firearms, or ammunition industries. SUBSEQUENT DEVELOPMENTS: On April 15, 2024, the ESG Oversight Committee identified the following financial services providers as discriminating against energy, fossil fuel, firearm, or ammunition companies or otherwise refusing to deal based on environmental, social justice, and other governance-related factors. The six financial service companies (including affiliates) are: ■ Credit Suisse Asset Management, Credit Suisse Group AG, Credit Suisse Securities LLC; ■ Goldman Sachs Asset Management, Goldman Sachs & Co., Goldman Sachs Group Inc.; ■ Nomura Asset Management, Nomura Group, Nomura Securities; ■ Royal Bank of Canada, Royal Bank of Canada Global Asset Management, RBC Capital Markets; ■ TD Asset Management, TD Bank Group, TD Securities; ■ UBS Group AG, UBS Asset Management, UBS Securities LLC, UBS Financial Services Inc. The Committee gave written notice of their intent to place these six companies on a list of companies that are in violation of the statute. The companies have 30 days to respond. The Committee is scheduled to meet again on May 6, 2024, to evaluate any responses received from the six companies and then finalize the list. |
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Target Entities that Boycott Certain Industries |
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Prohibit Discrimination on Basis of Social Credit or ESG Scores |
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HB1253: To Create The State Government Employee Retirement Protection Act |
Effective date |
Legislation |
Restrict Use of ESG Factors; Focus on Pecuniary Characteristics |
■ Requires a fiduciary to discharge its duties with respect to any state of Arkansas pension benefit plan solely in the pecuniary interest of the participants and beneficiaries. A fiduciary may not promote a non-pecuniary benefit or any other non-pecuniary goals. |
Adopted and in effect Introduced |
Legislation | Target Entities that Boycott Certain Industries | ■ Prohibits public entities from contracting with companies that boycott energy, fossil fuel, firearms, and ammunition industries; and for other purposes. Requires companies to certify that they are not currently engaged in, and will not for the duration of the contract engage in, a boycott of energy, fossil fuel, firearms, and ammunition industries. ■ SB62 does not apply if the company offers to provide the goods or services for at least 20% less than the lowest certifying business or to contracts with a total potential value of less than seventy-five thousand dollars ($75,000). |
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Arkansas State Treasurer Yanks about $125M Out of Accounts Managed by BlackRock |
Adopted and in effect |
Enforcement / Divestment |
Restrict Use of ESG Factors; Focus on Pecuniary Characteristics |
■ The state treasurer announced that Arkansas would divest $125 million from money market accounts managed by BlackRock. A spokeswoman for the treasurer stated that the divestment was due to what she claims was BlackRock "handpicking companies that aligned with their ESG beliefs and beliefs we feel most Arkansans are opposed to." The state treasury invests approximately $6 billion in state funds. |
Past/Inactive Legislation
Title |
Key Dates |
Nature of |
ESG Category |
Summary |
SB41: To Regulate The Use Of Social Credit Scores Based On ESG Scores or Metrics |
Introduced, but did not pass in the 2023 legislative session |
Legislation |
Target Entities that Boycott Certain Industries |
■ Requires the state treasurer to divest if they determine (in consultation with the attorney general) that an investment manager discriminates "without a reasonable business purpose" against energy, fossil fuel, firearm, or ammunition industries or investments based on ESG factors. The state treasurer will name any financial services provider on a list on the state's website if they determine that the provider is discriminating based on the factors above. |