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Bill > S1208


NJ S1208

NJ S1208
Prohibits investment of pension and annuity funds by State in entities that avoid Superfund obligations to State.


summary

Introduced
01/25/2018
In Committee
06/18/2018
Crossed Over
02/26/2018
Passed
06/25/2018
Dead
Vetoed
07/23/2018

Introduced Session

2018-2019 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, country, or country's instrumentality that avoids its Superfund obligations to the state by filing for bankruptcy or otherwise rendering itself incapable of fulfilling its responsibilities for a Superfund site in the state for which it has been identified as a responsible party. The bill is a response to the case of the Diamond Alkali Company Superfund Site, where the Argentinian state-owned company YPF S.A. acquired Maxus Energy Corporation, the responsible party, and then placed Maxus into bankruptcy, rendering it unable to fulfill its Superfund obligations despite YPF S.A. remaining a profitable business. The bill aims to deter such avoidance of Superfund obligations by barring the state's pension and annuity funds from investing in these entities.

Committee Categories

Agriculture and Natural Resources, Budget and Finance, Government Affairs

Sponsors (14)

Last Action

Conditional Veto, Received in the Senate (on 07/23/2018)

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