Alabama 2024 Regular Session

Alabama Senate Bill SB151

Introduced
2/20/24  
Introduced
2/20/24  
Report Pass
2/28/24  
Refer
2/20/24  

Caption

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

Impact

The enactment of SB151 would significantly reshape how investment decisions are made within Alabama's retirement systems. By mandating that fiduciary duties focus exclusively on maximizing financial benefits, this bill could lead to a reduction of funds directed towards socially responsible investment practices, potentially impacting financial institutions that prioritize ESG initiatives. This legislative change appears to reflect a broader national trend of limiting how public funds may be invested or allocated, particularly in regard to socially responsible investing strategies.

Summary

SB151 establishes a new investment policy framework for the State Treasurer and the Boards of Control for the Retirement Systems of Alabama. The bill outlines that these boards are required to prioritize financial returns for taxpayers and beneficiaries, explicitly prohibiting investments that account for environmental, social, and governance (ESG) criteria. This aims to ensure that decisions are based solely on expected financial returns, not influenced by any additional non-pecuniary factors. As such, state entities are directed not to consider ESG factors when awarding public contracts that are fully financed by state funds.

Contention

Notable points of contention surrounding SB151 revolve around the implications for socially responsible investing. Advocates for this legislation argue that it will protect the financial interests of taxpayers by ensuring that retirement funds are not risked on non-financial agendas. However, opponents may see this as a restriction that curtails the ability of retirement systems to engage in initiatives that address broader social good while attempting to enhance investment appeal. The balance between fiduciary duty and social responsibility remains a critical and contentious debate.

Companion Bills

No companion bills found.

Previously Filed As

AL HB4536

Relating to the consideration of pecuniary factors in certain state investments.

AL SB815

Creates new provisions restricting corporate and public entities from making financial decisions that are not based on pecuniary factors

AL HB3250

Relating to consideration of nonfinancial factors in managing state investments.

AL S737

Address ESG Factors

AL H750

Address ESG Factors

AL HB1307

Concerning The Regulation Of Environmental, Social Justice, Or Governance Scores; And To Authorize The Treasurer Of State To Divest Certain Investments Or Obligations Due To Certain Factors.

AL SB1328

Prohibited investments and contracts: Russia and Belarus.

AL SB7

Requires fiduciaries of public retirement systems to make investment decisions based solely on financial factors. (6/30/25) (OR SEE ACTUARIAL NOTE APV)

AL SB5

Requires fiduciaries for public retirement systems to make investment decisions based solely on financial factors. (8/1/24) (OR SEE ACTUARIAL NOTE APV)

AL H1613

Prohibition of Considering Race or Ethnicity in Government Contracting

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