AB 20: Public employee retirement systems: divestment: Dakota Access Pipeline.

The California Constitution authorizes the Legislature to prohibit, by statute, investments of a retirement board if it is in the public interest to do so and if the prohibition satisfies the boards standards of fiduciary care and loyalty.

Existing law prohibits the boards of administration of the Public Employees Retirement System and the State Teachers Retirement System from investing funds in a company with active business operations in Sudan, as specified, from investing in a company that has certain business operations in Iran, as specified, and from investing in thermal coal companies, as defined.

This bill would require the boards of administration of the Public Employees Retirement System and the State Teachers Retirement System to make a specified report, on or before April 1, 2018, to the Legislature and the Governor regarding investments in the Dakota Access Pipeline, as defined. The bill would declare the intent of the Legislature that the boards, on or before April 1, 2018, review and consider factors related to tribal sovereignty and indigenous tribal rights as part of the boards investment policies related to environmental, social, and governance issues. The bill would provide that it does not require a board to take any action unless the board determines in good faith that the action is consistent with the boards fiduciary responsibilities established in the constitution. The bill would make additional related legislative findings and declarations.