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Bill > S3487


NJ S3487

NJ S3487
Prohibits investment of pension and annuity funds by State in entities that avoid Superfund obligations to State.


summary

Introduced
11/09/2017
In Committee
01/05/2018
Crossed Over
Passed
Dead
01/08/2018

Introduced Session

2016-2017 Regular Session

Bill Summary

This bill would prohibit the investment of New Jersey public employee retirement funds in any company, country, or country's instrumentality that avoids its Superfund obligations to the State by filing for bankruptcy or otherwise rendering a company or instrumentality incapable of fulfilling its responsibilities, in whole or in part, for a Superfund site in the State for which it has been identified as a responsible party. The Diamond Alkali Company Superfund Site has had a detrimental effect on the State's soil, waters, air, and people. The contaminants from the site have tainted the fish and wildlife in the area of the Passaic River that was impacted to the point that prohibitions and advisories on consumption of fish and crabs from the area are in place. After a long-awaited decision from the United States Environmental Protection Agency (EPA), in March 2016, the EPA announced that remediation of the Diamond Alkali Company Superfund site would cost $1.38 billion. Just three months following this announcement, YPF S.A., the Argentinian state-owned company that acquired Maxus Energy Corporation (previously Diamond Alkali Company) placed Maxus Energy into bankruptcy, ultimately stripping it of its assets and leaving it unable to fulfill its Superfund obligations for the Diamond Alkali site. Nevertheless, YPF S.A. remains a profitable business. Considering the devastating impact these Superfund sites have on the State's residents and the environment, entities avoiding their Superfund obligations should be aware that avoiding such responsibility will not be without consequence.

AI Summary

This bill would prohibit the investment of New Jersey public employee retirement funds in any company or business affiliate that has been identified as a responsible party for a Superfund site in the state, if that company or business affiliate has filed for bankruptcy or otherwise rendered itself incapable of complying with its Superfund obligations. This is in response to the case of the Diamond Alkali Company Superfund Site, where the company's parent company, YPF S.A., filed for bankruptcy after the EPA announced a $1.38 billion remediation cost, leaving the site unaddressed. The bill requires the Director of the Division of Investment to divest from such companies within three years or upon identification, and to report on the progress of the divestment. The bill also provides indemnification for the State Investment Council and state officers and employees involved in the divestment.

Committee Categories

Budget and Finance, Government Affairs

Sponsors (3)

Last Action

Substituted by A4814 (1R) (on 01/08/2018)

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