Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4819 Latest Draft

Bill / Introduced Version Filed 07/08/2024

                            HOUSE . . . . . . . . No. 4819
The Commonwealth of Massachusetts
________________________________________
HOUSE OF REPRESENTATIVES, July 8, 2024.
The committee on Public Service, to whom was referred the petition 
(accompanied by bill, House, No. 2504) of Mindy Domb and Lindsay N. 
Sabadosa relative to public pension fund divestment from climate risk 
investments and negative economic impacts from carbon producing 
industries, reports recommending that the accompanying bill (House, No. 
4819) ought to pass.
For the committee,
KENNETH I. GORDON. 1 of 4
        FILED ON: 6/28/2024
HOUSE . . . . . . . . . . . . . . . No. 4819
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to mandate the review of climate risk in order to protect public pension beneficiaries and 
taxpayers.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Chapter 29 of the General Laws is hereby amended by adding the following 
2section:-
3 Section 72. (a) As used in this section the following words shall, unless the context  
4clearly requires otherwise, have the following meanings:- 
5 “Biofuel”, any fuel made from biomass
6 “Board”, the pension reserves investment management board established pursuant to 
7section 23 of chapter 32.
8 “Climate risk investments,” any fossil fuel investments or investment in other industries, 
9including, but not limited to biofuel, that may have a negative impact on the global climate, that 
10scientific evidence has established as contributing to climate change, that conflict with or 
11undermine the commonwealth’s climate goals, and that pose a risk to the portfolio performance 
12for beneficiaries of the public fund. 2 of 4
13 “Committee”, the climate risk investment review committee established pursuant to 14    
14subsection (c).
15 “Direct holdings”, all securities of a company held directly by the public fund or in an 
16account or fund in which the public fund owns all shares or interests.
17 “Fossil fuel investments”, any stocks or other 	securities of a corporation or company 
18within the fossil fuel industry or any subsidiary, affiliate or parent of any corporation or company 
19among the 200 largest publicly traded fossil fuel companies, as established by carbon in the 
20companies’ proven oil, gas and coal reserves.“Indirect holdings”, all securities of a company 
21held in an account or fund, such as a mutual fund, managed by 1 or more persons not employed 
22by the public fund, in which the public fund owns shares or interests together with other 
23investors not subject to this section or section 23C of chapter 32. 
24 “Public fund”, the Pension Reserves Investment Trust or the pension reserves investment 
25management board in charge of managing the pooled investment fund consisting of the assets of 
26the state employees’ and teachers’ retirement systems as well as the assets of local retirement 
27systems under the control of the board. 
28 (b) This section applies only to direct and indirect holdings by the public fund.
29 (c) There shall be within the office of the treasurer, but not subject to its supervision or 
30control, a Climate Risk Investment Review Committee consisting of the following 12 voting 
31members: the state treasurer or a designee, who shall serve as chair; the secretary of 
32administration and finance or a designee; the comptroller or a designee; the executive director of 
33the public employee retirement administration commission; a member of the pension reserves 
34investment management stewardship and sustainability committee; a member of the  3 of 4
35Massachusetts state retirement board; one individual appointed by the governor; two individuals 
36appointed by the treasurer; a community representative with climate finance experience; 
37individual appointed by the secretary of energy and environmental affairs who shall be a climate 
38scientist; and the climate chief or a designee. The house and senate chairs and the ranking 
39minority members of the joint committee on financial services and the house and senate chairs 
40and the ranking minority members of the joint committee on telecommunications, utilities and  
41energy shall be nonvoting members of the committee. Each individual appointed by the 
42governor, treasurer and secretary of energy and environmental affairs shall serve terms 
43established by the appointing authority, but not longer than 4 years. Each appointed individual 
44may serve a second or subsequent terms, and each appointed individual may continue to serve 
45after the individual’s term expires if desired by the appointing authority.
46 (d) The chair shall call meetings of the committee every 8 weeks; provided, however, that 
47the chair may call meetings of the committee more frequently if the chair determines that more 
48frequent meetings of the committee are necessary to perform its duties or fewer meetings if the 
49chair so determines. The chair shall call the first meeting of the committee within four weeks 
50following the designation of all members of the committee.
51 (e) (1) The committee shall: (i) study and review on a continuing basis any potential 
52financial risk to beneficiaries and taxpayers associated with any climate risk investments in the 
53portfolio. The committee may provide recommendations regarding how to mitigate any such 
54potential risks.
55 (f) Annually, not later than November 1 of each year, the committee shall file a report 
56with the board, the governor and the clerks of the house of representative and the senate detailing  4 of 4
57the committee’s findings and any recommendations as to actions regarding climate risk 
58investments, if any.. The committee’s report shall direct the board’s actions. The committee shall 
59have the right to change the date of the report based on the need to expedite implementation of 
60the committee’s recommendations or the need for any extensions if the chair so determines.
61 (g) The committee shall be subject to sections 18 to 25, inclusive, of chapter 30A and 
62chapter 66. The committee shall provide content and information for a publicly available 
63website, operated and maintained by PRIM, that will describe its membership, activity, and make 
64available all its reports and meeting material no later than 7 days after the meeting of the 
65committee or the filing of a report.