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Bill > S3467


NJ S3467

NJ S3467
Prohibits investment of pension and annuity funds by State in entities that avoid Superfund obligations to State.


summary

Introduced
02/12/2026
In Committee
02/12/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill prohibits the investment of New Jersey public employee retirement funds in any business, country, country's instrumentality, or business affiliate that avoids its Superfund obligations to the State. The bill prohibits the investment of any pension or annuity fund asset under the jurisdiction of the Division of Investment in the Department of the Treasury in any business, country, country's instrumentality, or business affiliate, if that business has been identified as a responsible party by the United States Environmental Protection Agency, in accordance with the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for a Superfund site in the State, and if that business, country or country's instrumentality filed for bankruptcy rendering it incapable of complying with its obligations with respect to a Superfund site in the State for which it has been identified as a responsible party. This prohibition applies if the bankruptcy filing is in direct anticipation of or in direct response to a finding of responsibility by the United States Environmental Protection Agency in accordance with CERCLA for a Superfund site in the State. The bill requires that divestment occur within three years of the bill's effective date or within three years of an initial identification of a business, country, or country's instrumentality that it is in violation of the bill. The bill requires the director to notify the business, country, or country's instrumentality that it is in violation of the bill, and to inform the business of the appeal process, prior to taking any action to divest prohibited investments. The bill requires the director to file a report with the Legislature of all investments held in violation of the bill within 180 days of the bill's effective date. Every year thereafter, the director is required to report on all investments divested in accordance with the bill. The bill requires the State to indemnify and hold harmless members and employees of the State Investment Council from all claims, liability, losses, and damages that council members, and State officers and employees, may sustain because of a decision to divest investments prohibited by the bill.

AI Summary

This bill prohibits the State of New Jersey from investing public employee pension and annuity funds in any business, country, or its affiliate that has been identified by the U.S. Environmental Protection Agency (EPA) as responsible for a Superfund site cleanup in New Jersey, and subsequently files for bankruptcy to avoid these obligations, especially if the bankruptcy is a direct response to being identified as responsible. Superfund is a federal law (CERCLA) that aims to clean up hazardous waste sites by holding responsible parties financially accountable. New Jersey has many such sites due to its industrial history, making this issue critical. The bill requires the Division of Investment in the Department of the Treasury to divest these prohibited investments within three years of the bill's enactment or the identification of a violation, after notifying the offending entity and providing an appeal process. The Director of the Division of Investment must report on all violating investments within 180 days of the bill's effective date and annually thereafter on divestment progress. The State will also indemnify and protect members of the State Investment Council and state employees from any claims arising from decisions made to divest these prohibited investments.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 02/12/2026)

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