Public contracts; ESG criteria prohibited in public contract.
Impact
If enacted, HB61 would fundamentally reshape the landscape of public contracting by limiting the factors governing how contracts are awarded and fulfilled. The implications of this bill could extend to various industries engaged in government contracts, potentially affecting how companies prioritize sustainability and social responsibility within their operations. Supporters argue that this move will reinforce a focus on taxpayer dollars being spent efficiently without the influence of non-financial considerations.
Summary
House Bill 61 aims to prohibit the consideration of Environmental, Social, and Governance (ESG) criteria in public contracts. The bill establishes that no governmental entity may enter into contracts that invoke or require adherence to ESG standards. This legislative effort seeks to ensure that public procurement decisions are based solely on economic and performance factors rather than any social or environmental criteria that may be interpreted as politically motivated or subjective.
Contention
The discussion around HB61 has been contentious. Proponents assert that prohibiting ESG criteria will eliminate unnecessary complexities and drive value for money in public spending. On the other hand, critics contend that the bill represents a regression in efforts to promote sustainability and social accountability. They warn that an outright ban on ESG considerations may lead to missed opportunities in fostering responsible governance and long-term environmental stewardship through public contracts.
Relating to public contracts; to prohibit the consideration of environmental, social, and governance (ESG) criteria when awarding a public contract; and to require a responsible bidder, as a condition of being awarded a public contract, to certify, under penalty of perjury, that its employees will not be subject to a personal ESG rating as a basis of hiring, firing, or evaluation.
State Investments and Public Contracts; to prohibit State Treasurer and Board of Control of RSA and TRSA from using ESG factors in investment decisions; may consider pecuniary factors; to prohibit state entities from considering ESG factors when awarding public contracts