HB 1267-FN - AS INTRODUCED

2024 SESSION

24-2047

10/02

HOUSE BILL 1267-FN

AN ACT relative to prohibiting environmental, social, and governance standards in the selection of government investments.

SPONSORS: Rep. Belcher, Carr. 4; Rep. Panek, Hills. 1; Rep. Corcoran, Hills. 44

COMMITTEE: Executive Departments and Administration

-----------------------------------------------------------------

ANALYSIS

This bill prohibits the investment of funds of the state treasury, executive branch agencies, and the state retirement system in investments which consider environmental, social, and governance (ESG) criteria.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2047

10/02

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to prohibiting environmental, social, and governance standards in the selection of government investments.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  New Subdivision; State Investment Policy.  Amend RSA 6 by inserting after section 47 the following new subdivision:

State Investment Policy

6:48  State Investment Policy.

I.  Executive branch agencies shall prioritize investment decisions that maximize financial returns and minimize risk, as part of their fiduciary duty to act in the best interest of the state and the beneficiaries of the state's trust funds.

II.  Executive branch agencies that are permitted to invest funds shall review their investments and pursue any necessary steps to ensure that no funds or state- controlled investments are invested with firms that invest New Hampshire funds in accounts with any regard whatsoever based on environmental, social, and governance (ESG) criteria.

III.  The New Hampshire retirement system shall adhere to their fiduciary obligation and not invest with any firm that will invest state retirement system funds in investment funds that consider environmental, social, and governance (ESG) criteria, as the investment goal should be to obtain the highest return on investment for New Hampshire's taxpayers and retirees.

IV.  The state treasurer and the New Hampshire retirement system shall each report on an annual basis to the governor and the relevant legislative committees regarding compliance with the duty to make investment decisions based upon the fiduciary duty to maximize short or long term financial benefits for the state.  The report shall note the existence of any investment funds that may have mixed, rather than pure, fiduciary interest investment motivations.

V.  It shall be a felony punishable by not less than one year, and not more than 20 years imprisonment to violate the provisions of this section by investing state or taxpayer funds knowingly in a manner violating fiduciary duty concerning environmental, social, and governance (ESG) criteria

2  Retirement System; Management of Funds; Investments.  Amend RSA 100-A:15, VIII(a) to read as follows:

VIII.(a)  The management, investment, and reinvestment practices for the assets held in trust by the board pursuant to this section shall be subject to the requirements of RSA 6:48 and review by the legislature.

3  Effective Date.  This act shall take effect January 1, 2025.

LBA

24-2047

10/31/23

HB 1267-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to prohibiting environmental, social, and governance standards in the selection of government investments.

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

*The New Hampshire Retirement System states it is not able to separate the fiscal impact of this legislation between county and local government, therefore the fiscal impact is shown together as political subdivisions.

METHODOLOGY:

This bill prohibits the investment of funds of the state treasury, executive branch agencies, and

the state retirement system in investments which consider environmental, social, and governance (ESG) criteria.

The Treasury Department states the bill restricts executive branch agencies from investing in firms that use ESG criteria in any capacity, possibly conflicting with laws and executive orders directing the State Treasurer to maximize financial benefits for the State.  Additionally, the legislation's requirement for annual reporting on investment decisions duplicates existing quarterly reports mandated by Chapter 132, Laws of 2023, and Executive Order 2023-03.

The impact on the State's revenues and expenditures is indeterminable.  Banning investments with ESG-focused firms might affect revenue and incur transition costs if service providers change. Current investments prioritize objectives like asset preservation and liquidity, with no consideration for ESG criteria.  The potential exclusion of certain financial institutions might raise costs or miss earnings opportunities, but the specifics are uncertain resulting in an indeterminable impact to state revenue and expenditures starting in FY 2025.

The New Hampshire Retirement System states the proposed investment restrictions could potentially reduce investment returns, but it's uncertain whether this would affect employer contribution rates financially.

The Department of Administrative Services states they do not have a role in any investment decisions or policy and have no information to give.

It is assumed the fiscal impact would not occur until FY 2025.

AGENCIES CONTACTED:

Treasury Department, Department of Administrative Services and New Hampshire Retirement System