Legislation/Guidance in Effect
Title |
Key Dates |
Nature of |
ESG Category |
Summary |
SB261: Greenhouse Gases: Climate-Related Financial Risk |
Effective date 1/1/2026 Adopted 10/7/2023 Introduced 1/30/2023 |
Legislation | Promote Divestment from Certain Industries |
■ Requires a business entity doing business in California with total annual revenue in excess of $500,000,000 (“Covered Entities”) to publish a climate-related financial risk report on or before January 1, 2026, and biennially thereafter. ■ The climate-related financial risk report must disclose most of the entity’s climate-related financial risk and the measures that the company has adopted to reduce and adapt to the disclosed climate-related financial risk. The bill would require the covered entity to make a copy of the report available to the public on its own internet website. |
CalPERS hands over trove of climate-related documents demanded by House GOP | Introduced 8/17/2023 |
Enforcement/ |
Restrict Use of ESG Factors; Focus on Pecuniary Characteristics | ■ The California Public Employees' Retirement System, Sacramento, has turned over thousands of pages of documents in recent months to Congress as the country's largest pension fund faces Republican scrutiny for its investment practices intended to combat climate change. The House Judiciary Committee led by Ohio Republican Jim Jordan sent letters in December to CalPERS and Ceres, an environmental non-profit that CalPERS works with on climate issues, seeking public and private documents dating back to 2016. The documents provided by CalPERS include slide decks and reports detailing the fund's sustainable investment strategies and private email conversations. |
Adopted and in effect |
IPS Revisions |
Promote Divestment from Certain Industries |
■The California State Teachers' Retirement System's investment committee approved a strategy of reducing by 12% the carbon footprint of the internally managed portion of its $11 billion credit portfolio, citing net-zero portfolio emission goals. |
Pending Legislation
Title |
Key Dates |
Nature of |
ESG Category |
Summary |
Introduced |
Legislation |
Promote Divestment from Certain Industries |
■Applies to the boards of the Public Employees' Retirement System and the State Teachers' Retirement System.
SUBSEQUENT DEVELOPMENTS CalPERS Board Opposes SB252: During the CalPERS Board of Administration meeting in March, board members voted to formally oppose SB252. Citing the state constitution's fiduciary requirements, the board said "CalPERS does not believe that mandatory fossil fuel divestment is an effective solution to the reduction of greenhouse gas emissions." Similar bill introduced, but did not pass, in 2022 (SB 1173). A Bloomberg Law article from 7/3/2023 said that SB252, which passed the state Senate in May, won’t be given a floor vote, according to the bill’s lead author, Senator Lena Gonzalez of Los Angeles County. The legislation has been converted to a two-year bill, meaning lawmakers will have the opportunity to address the measure in the next session. “I’m committed to bringing this bill up again next year,” Gonzalez said. On June 19, 2024, a hearing on SB 252 was canceled at the request of the bill sponsor. |
Past/Inactive Legislation
Title |
Key Dates |
Nature of |
ESG Category |
Summary |
SB637: Financial Institutions doing Business with Firearms Manufacturers |
Introduced, but did not pass in the 2024 legislative session |
Legislation |
Promote Divestment from Certain Industries |
■ Prohibits a state agency from entering into a contract with, depositing state funds with, or receiving a loan from a financial institution that invests in or makes loans to a company that manufactures firearms or ammunition. Allows a state agency that is a current party to such a contract to remain a party to that contract until the contract expires. Requires state agencies to comply with these provisions only to the extent that the compliance is consistent with the state agency’s fiduciary responsibilities. |