Vermont 2025-2026 Regular Session

Vermont Senate Bill S0072 Compare Versions

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11 BILL AS INTRODUCED S.72
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55 VT LEG #379759 v.1
66 S.72 1
77 Introduced by Senators Perchlik, Clarkson, Cummings, Gulick, Harrison, 2
88 Major, Vyhovsky, Watson and White 3
99 Referred to Committee on 4
1010 Date: 5
1111 Subject: State Treasurer; Vermont Pension Investment Commission; 6
1212 investment and oversight of retirement systems’ assets; fossil fuel 7
1313 divestment 8
1414 Statement of purpose of bill as introduced: This bill proposes to require the 9
1515 Vermont Pension Investment Commission to (1) on or before December 15, 10
1616 2025, review the carbon footprint of the holdings of the Vermont State 11
1717 Employees’ Retirement System, the State Teachers’ Retirement System, and 12
1818 the Municipal Employees’ Retirement System, and (2) develop a plan to divest 13
1919 the holdings of the Vermont State Employees’ Retirement System, the State 14
2020 Teachers’ Retirement System, and the Municipal Employees’ Retirement 15
2121 System from the fossil fuel industry by December 31, 2030 with further 16
2222 divestment from any private investments that contain assets in the fossil fuel 17
2323 industry by December 31, 2040. 18
2424 An act relating to divestment of State pension funds of investments in the 19
2525 fossil fuel industry 20 BILL AS INTRODUCED S.72
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3030 It is hereby enacted by the General Assembly of the State of Vermont: 1
3131 Sec. 1. PUBLIC PENSION FUNDS; FOSSIL FUELS; VERMONT 2
3232 PENSION INVESTMENT COMMIS SION; PLAN AND REPORT 3
3333 (a) Intent. 4
3434 (1) It is the intent of the General Assembly that the Vermont Pension 5
3535 Investment Commission build upon its effective efforts to manage the State’s 6
3636 financial risks to climate change, including investing in low carbon indexes, 7
3737 successfully engaging with fossil fuel and other companies, and supporting 8
3838 initial studies and reviews on climate change. 9
3939 (2) It is also the intent of the General Assembly that, on or before 10
4040 December 31, 2030, the Vermont Pension Investment Commission shall, 11
4141 consistent with sound fiduciary practice, including consideration of any 12
4242 expected increased funding requirements for the actuarially determined 13
4343 employer contribution (ADEC) and administrative costs, and subject to any 14
4444 exceptions, divest the holdings of the Vermont State Employees’ Retirement 15
4545 System, the Vermont Teachers’ Retirement System, and the Vermont 16
4646 Municipal Employees’ Retirement System from the fossil fuel industry. 17
4747 (3) The General Assembly also intends that the Vermont Pension 18
4848 Investment Commission establish a long-term goal to divest from any private 19
4949 investments that contain assets in the fossil fuel industry on or before 20 BILL AS INTRODUCED S.72
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5454 December 31, 2040, if the Commission determines that such divestment is 1
5555 consistent with sound fiduciary practice. 2
5656 (b) Definitions. As used in this section: 3
5757 (1) “Carbon footprint” means the extent to which holdings are invested 4
5858 in stocks, securities, or other obligations of any fossil fuel company or any 5
5959 subsidiary, affiliate, or parent of any fossil fuel company. 6
6060 (2) “De minimis exposure” means the aggregate amount of all fossil fuel 7
6161 holdings in the portfolio amounting to less than two percent of the aggregate 8
6262 amount of all funds invested. 9
6363 (c) Review. On or before December 15, 2025, the Vermont Pension 10
6464 Investment Commission, in consultation with the Office of the State Treasurer, 11
6565 shall complete a review of the carbon footprint of the holdings of the Vermont 12
6666 State Employees’ Retirement System, the Vermont State Teachers’ Retirement 13
6767 System, and the Vermont Municipal Employees’ Retirement System. 14
6868 (d) Plan. 15
6969 (1) Divestment. Except as provided in subdivision (2) of this 16
7070 subsection, the Commission, in accordance with sound investment criteria and 17
7171 consistent with fiduciary obligations, including consideration of any expected 18
7272 increased funding requirements for the actuarially determined employer 19
7373 contribution (ADEC) and administrative costs, shall develop a plan to divest 20
7474 any holdings identified in the review described in subsection (c) of this section 21 BILL AS INTRODUCED S.72
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7979 on or before December 31, 2030. The Commission shall include in the plan 1
8080 consideration of the State’s long-term goal of divestment from any investments 2
8181 that are exceptions to the plan pursuant to subdivision (2) of this subsection on 3
8282 or before December 31, 2040. 4
8383 (2) Exceptions. Until such time as the Commission deems divestment to 5
8484 be prudent and consistent with sound fiduciary practice, the following holdings 6
8585 are exceptions to the plan: 7
8686 (A) de minimis exposure of any funds held by the Commission to the 8
8787 stocks, securities, or other obligations of any fossil fuel company or any 9
8888 subsidiary, affiliate, or parent of any fossil fuel company; and 10
8989 (B) private investments that contain fossil fuel company stocks, 11
9090 securities, or other obligations of any fossil fuel company or any subsidiary, 12
9191 affiliate, or parent of any fossil fuel company. 13
9292 (3) Definitions and methodology. The Commission shall include in the 14
9393 plan described in this subsection: 15
9494 (A) a definition for “fossil fuel company”; and 16
9595 (B) a method for determining the metric of the portfolio’s carbon 17
9696 footprint that allows for an exemption of private investments for the purpose of 18
9797 determining the de minimis exposure. 19 BILL AS INTRODUCED S.72
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102102 (e) Report. 1
103103 (1) On or before February 15, 2026, the Commission shall submit a 2
104104 report on the review described in subsection (c) of this section to the House 3
105105 Committee on Government Operations and Military Affairs and the Senate 4
106106 Committee on Government Operations and to the Joint Public Pension 5
107107 Oversight Committee. The report shall include any recommendations for 6
108108 legislative action, if necessary, to implement the divestment plan. 7
109109 (2)(A) On or before September 1, 2026, the Commission shall submit a 8
110110 report on the plan described in subsection (d) of this section to the House 9
111111 Committee on Government Operations and Military Affairs and the Senate 10
112112 Committee on Government Operations and to the Joint Public Pension 11
113113 Oversight Committee. The report shall include any recommendations for 12
114114 legislative action, if necessary, to implement the divestment plan. 13
115115 (B) Pursuant to 2 V.S.A. § 23, with approval of the Speaker of the 14
116116 House and the President Pro Tempore, as appropriate, the House Committee on 15
117117 Government Operations and Military Affairs and the Senate Committee on 16
118118 Government Operations may each meet up to one time when the General 17
119119 Assembly is not in session to evaluate the report described in subdivision (A) 18
120120 of this subdivision (e)(2). 19
121121 (3) Beginning on January 15, 2027, and annually thereafter until January 20
122122 15, 2040, the Commission shall submit a report to the House Committee on 21 BILL AS INTRODUCED S.72
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127127 Government Operations and Military Affairs, the Senate Committee on 1
128128 Government Operations, and the Joint Public Pension Oversight Committee on 2
129129 the progress of divestment described in this section. The report shall also 3
130130 include: 4
131131 (A) an update on the composition and percentage of exposure of any 5
132132 investments exempt from the divestment plan pursuant to subdivision (d)(2) of 6
133133 this section; and 7
134134 (B) a summary of the fee impacts and any instance of excessive 8
135135 charges or demands related to the rebalancing of the funds consistent with the 9
136136 implementation of this act. 10
137137 (4) On or before January 15, 2041, the Commission shall make a final 11
138138 report to the House Committee on Government Operations and Military 12
139139 Affairs and the Senate Committee on Government Operations and the Joint 13
140140 Public Pension Oversight Committee regarding completion of divestment 14
141141 described in this section. 15
142142 Sec. 2. DIVESTMENT PLAN; VERMONT PENSIO N INVESTMENT 16
143143 COMMISSION; APPROPRIATION 17
144144 In FY 2026, the amount of $127,000.00 is appropriated to the Vermont 18
145145 Pension Investment Commission to establish one staff position to support 19
146146 improvements and efficiencies in the administration of the Commission and to 20
147147 meet the review, planning, and reporting requirements of this act. The 21 BILL AS INTRODUCED S.72
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152152 appropriation to the Commission shall be distributed from the following 1
153153 funding sources pursuant to the allocation set forth below: 2
154154 (1) 40.86 percent from the Vermont State Retirement Fund, established 3
155155 in 3 V.S.A. § 473; 4
156156 (2) 44.01 percent from the Vermont Teachers’ Retirement Fund, 5
157157 established in 16 V.S.A. § 1944; and 6
158158 (3) 15.13 percent from the Vermont Municipal Retirement Fund, 7
159159 established in 24 V.S.A. § 5064. 8
160160 Sec. 3. EFFECTIVE DATE 9
161161 This act shall take effect on passage. 10