Bans ESG investment strategies by the state of Tennessee.

HB 1286 / SB 955

Bill Description

Public Funds and Financing – As enacted, requires the department of treasury investment division staff to invest, reinvest, manage, and select investment options for program assets for financial reasons, excluding environmental, social, and governance interests that may not be material to the financial analysis of the investment, for the exclusive benefit of the beneficiaries of the programs while maximizing long-term shareholder value; makes other changes concerning the authority of the state treasurer.

Bill Sponsors

Bill Co-Sponsors

House: Terry, Lafferty, Hawk, Davis, Vital, Sherrell, Moody, Grills, Powers, Todd, Cepicky, Ragan, Richey, Martin B

Senate: Walley, White, Yager, Bailey, Bowling, Crowe, Gardenhire, Niceley, Reeves, Rose, Stevens, Taylor

TLRC Statement on Bill

We support this bill. However, read the fine print and understand what this bill does not do.

The bill simply directs the Treasurer not to take into consideration Environmental, Social, and Governance (ESG) interests when making investment determinations for the state of Tennessee. Only a financial analysis should be taken into consideration. In other words, the state of Tennessee is not going to concern itself with its ESG score.

However, it does not in any way limit the Treasurer from investing taxpayer dollars into any investment that has ESG considerations, so long as it is not a determining factor for making the investment. Additionally, the state may continue to invest funds indiscriminately regardless of whether or not our tax dollars might be funding an interest that runs contrary to the public policy of this state concerning any social agenda.

Lastly, in no way does this bill protect the consumer from discriminatory banking practices utilizing ESG standards. HB 728 / SB 1091 would have made some strides in that direction but failed in committee in the Senate.

This is a fantastic example of a bill that makes a great headline doing something while doing almost nothing. A vote in favor of this bill is still a good vote. However, the bill sponsors are earning no brownie points here for a fairly lackluster effort.

Vote Result:

Passed

TLRC Position:

SUPPORT

Read the Bill