COAL Act Passed in Historic Win for Oregon

March 26, 2024

In the Fall of 2023, Divest Oregon’s legislative workgroup faced a dilemma. In the 2023 Legislative session, the coalition’s Treasury divestment bill (Treasury Investment and Climate Protection Act - HB 2601) had not made it out of legislative committee. Now we were facing a short session where there simply was not time for the kind of patient politics that might bring more legislators on board for such a bill. Yet, Oregon was just coming through the hottest summer on record: climate change was clearly accelerating, and the science was clear that fossil fuels were driving this dangerous change.


So the workgroup studied the concerns of legislators and the Treasurer: All of us shared the goal of protecting the Public Employee Retirement Fund (PERS) for Oregonians. However, as long as the Treasurer opposed a bill, we could not move enough legislators to action, even by showing data that fossil fuel divestment would improve the Treasury’s financial position.


With these facts in mind, the workgroup decided on a 3-pronged approach for the COAL Act – the Clean Oregon Asset Legislation bill – HB 4083 with Representative Khanh Pham as the chief sponsor of the bill and Senator Jeff Golden as the co-chief sponsor in the Senate.


First, crafting a bill that was right-sized for the short session. From Divest Oregon research based on public records requests for data from the Treasury, it was now public knowledge that the Treasury was investing at least $1billion in coal-based projects. Whenever Divest Oregon members discussed this with anyone, jaws dropped. “Coal? Really?” So thermal coal (coal used in power plants) – one of the worst emitters of CO2 and pollution – became the focus of the bill. The major arguments presented in the one-pager to legislators focused on the scale of the issue and the fiscal need for the bill. Additional Divest Oregon research suggested that over an 8 year period the Oregon PERS’ coal investments had underperformed, with the research corroborating data from California’s CalPERS about the savings they experienced from coal divestment. 


Second, engagement with the Treasurer and his staff. Although the Treasurer was creating a net zero plan, and acknowledging publicly that fossil fuels and climate change posed significant risks to financial returns, Divest Oregon had concerns that this plan would not meet the urgency of climate change. So Rep Khanh Pham, in consultation with Divest Oregon leaders, met regularly with the Treasurer and his chief of staff to hammer out language for the bill that was acceptable on all sides. The language of the bill became advisory, similar to the Sudan divestment bill of 2005, which had successfully resulted in the Treasury removing over $300 million in investments from Sudan. The definition of coal investments were aligned with the definition in the Treasurer’s net zero plan. Ultimately, the Treasurer agreed to testify in favor of the bill. 


Third, Divest Oregon advocated for the COAL Act with every legislator in a variety of ways. In January 2024, as the beginning of the short session approached, Divest Oregon organized 100 concerned constituents to go to Salem for a Lobby Day to solidify support and bring legislators on board. Wearing green and sporting Divest Oregon buttons on their lapels, many small groups of voters crisscrossed the capitol building as they went to 35 separate appointments with their representatives and senators. Some more-distant constituents participated via Zoom, through laptops hand-carried to these appointments. At the luncheon afterward, the Lobby Day participants shared three common themes in legislators’ reactions: 

  • “Coal? Really? Why are we still invested in that?”
  • “We must protect PERS.” 
  • “Does the Treasurer support this bill?” 


They also reported that, once reassured on these points, many legislators indicated their support for the bill and signed up as co-sponsors. Thank you notes were signed on the spot, and postcards prepared to follow up once the session commenced, workgroups met, and voting began. Throughout the session, coalition members continued to call, email, and meet with their legislators to urge their support for the COAL Act. Two hundred letters of support for the bill were registered as part of the committee hearings (and a mere 8 in opposition.)


Rep Khanh Pham, Senator Jeff Golden, and many concerned Oregonians testified passionately and knowledgeably in support of the bill in the legislature’s House and Senate committee public hearings. The Treasurer’s own testimony included his statements that the “The issue of climate change broadly is an urgent risk to the investment returns of the Oregon Public Employee Retirement Fund,” and that the COAL Act “is complementary” to his net zero plan.


Only a day before the end of the short session, the COAL Act passed its final hurdle. Once the Governor signs, the COAL Act will become law, and Oregon will become the  third state to pass a public pension divestment bill in the United States, after the Maine divestment bill of 2021 and the California coal divestment bill of 2015.


Divest Oregon, with all coalition partners, plans to celebrate this historic win on April 2nd, at a reception following the Oregon Treasurer Candidate Forum.

June 16, 2025
Oregon Treasury's "Net Zero" Bill, HB 2081 , passed both chambers of the Oregon Legislature on June 16, 2025. This legislation directs the Oregon State Treasury (OST) and the Oregon Investment Council (OIC) to manage and report on climate-related financial risks to the Oregon Public Employees Retirement System (OPERS). Introduced by State Treasurer Elizabeth Steiner, the bill intends to align PERS' investment strategies with the state’s climate goals while upholding fiduciary duties. HB 2801 is a step in the right direction for low-emission investments in the Oregon State Treasury, but it is only a first step toward addressing climate risk. Significant limitations must be addressed through Treasury policy or future legislation. Specifically:
Divest Oregon conversation with Coast Range Radio: Why is Oregon’s Treasury Addicted to Fossil Fuels
June 13, 2025
“The statewide coalition Divest Oregon has been calling out the Treasury’s dirty investments for several years now, and they have also put out policy proposals, research, and legisl ation to shift our investments to help foster a clean energy economy.” — M Gaskill, Oregon Coast Radio Specifically, the conversation covers: The Pause Act (SB 681) which focused on new private fund investments in fossil fuel infrastructure like pipelines and LNG export terminals The Treasurer’s legislation ( HB 2081A ) on some movement toward net zero, a just transition, and reporting to the legislature and public The Climate Risk Report on the need for a paradigm shift in the Treasury’s thinking as to the financial impact of the climate, especially on public employees now in their 20’s, and the need to act together with other pension funds to direct the 11 trillion they manage toward mitigating future climate impact The addition of a fossil fuel free fund as an investment choice under the 529 College Education Plan - sign the Green529.org petition Divest Oregon’s inside/outside strategy This half-hour conversation is a terrific snapshot of Divest Oregon’s work. Find it on almost any podcast app - here are a couple: Spotify Apple Podcasts
May 27, 2025
Pension fund managers are confronting a tumultuous financial landscape. What is creating uncertainty? Inflation, tariffs, artificial intelligence, the energy transition, an oversupply of liquid natural gas, the rise of private equity and private credit… and the unique risk of climate change, which is the mother of all risks. Why is climate change an overriding risk to financial portfolios? Divest Oregon’s Rick Pope explains why in the Divest Oregon 2025 Climate Risk Review: No Place to Hide , a deep dive into current climate, economic and investment research. It stresses a core theme: The portfolio of retirement funds cannot be diversified to offset the risk of unabated climate change. There is nowhere for fund managers to hide from the fact that the entire portfolio of investments will be affected by climate catastrophe. Why is this important? Public pension funds in the US control nearly $11 trillion in assets of nearly 36 million state and local beneficiaries who depend on their funds to support their retirement. How fund managers invest the funds in their care can influence the market and influence public policy. Praise for the report from Treasurers, academics, and climate activists provides insight into the report’s impact. As the report documents, acting now to offset climate change will cost far less and harm asset values far less than accelerating climate change. Acting together, fiduciaries can move the market by investing in climate solutions, rather than financing climate destruction. How does the Climate Risk Report fit into the rest of Divest Oregon’s current work to pressure the Treasury to stop investing in fossil fuels? Divest Oregon submitted testimony in support of the current Treasurer's bill to reduce emission-creating investments in the portfolio. Oregon’s Treasurer is the first in the country to put forward a legislative mandate to consider climate risk and just transition in its investment decisions as it moves toward a low-carbon economy ( HB 2081 ). The Treasurer’s proposed legislation ( HB 2081 ) requires a just transition to clean investments. Divest Oregon and allies are working to articulate steps to implementation of this provision by the Treasury. The legislation has a reporting requirement. Transparency is an issue since approximately half of the PERS retirement fund has been invested in private investments, generally called private equity, which are currently secret. Reporting is a key tool in measuring progress toward reducing climate risk to the portfolio – and to all of us. A major part of our ongoing work is to pressure the Treasury to create a comprehensive and rigorous plan to stop the portfolio from contributing to climate degradation. Divest Oregon has a new campaign to encourage the Treasury to add a fossil fuel free option to the Oregon 529 Funds . The release of the 2025 Climate Risk Review clearly and unequivocally puts the Oregon Investment Council and the Treasury on notice that they must act to protect PERS assets from the risk of depressed values from climate change. As fiduciaries who must protect the financial well-being of their beneficiaries, their mandate is to assess risk – and climate change is an overriding risk – and factor it into their investment and resource allocation decisions. Confronting the impact of climate is the essence of their job.
April 5, 2025
Divest Oregon introduced The Pause Act ( SB 681 ), with Chief Sponsor Oregon Senator Jeff Golden’s support, to enact a five-year moratorium on new or renewed Treasury investment in private fossil-fuel funds. Why The Pause Act? For the past 50 years, the finance sector has dangerously re-written the rules of the global economy, including here in Oregon. Wealth has been extracted from our communities while our greenhouse emissions skyrocket. At the leading edge of this transformation has been the aggressive expansion of the private investment sector, generally referred to as private equity, which has over a trillion dollars in fossil fuel investments. The Oregon PERS portfolio is heavily weighted to private investments, which make up approximately half of the fund. The Pause Act is based on a key provision in past Treasurer Read’s net zero plan – which recognizes that portfolio emissions cannot be meaningfully reduced without ending new investment in long-term private funds holding fossil fuels. In the year since Treasurer Read announced his plan, to the public’s knowledge there has been no constraint on new private fund investments in fossil fuels. The Pause Act introduces transparency by requiring reporting to the public on progress under the bill. Current Treasurer Steiner has made a commitment to emission reduction of the portfolio. The Pause Act highlights the need for urgency, reflecting the impact of the climate crisis on all Oregonians and on the PERS portfolio. What The Pause Act accomplished Divest Oregon is engaged in ongoing discussions with the Treasury on a number of topics, including its stated goal of portfolio emission reduction and addressing climate risk to the portfolio. Divest Oregon’s years of pressure were a factor in Treasurer Read creating a Net Zero Plan and in the past and current Treasurers seeking to mandate the creation of an emissions-reduction plan through legislation. The Pause Act built on and continued that advocacy. SB 681, the Pause Act, created pressure on the Treasury, from the legislature and Divest Oregon members, to get specific as to how it will reduce emissions and confront the risk of climate to the portfolio. The Pause Act messaging made it clear: The Treasury must take an essential step to stop digging the hole deeper and address the elephant in the portfolio: long term private investment in fossil fuels. The bill died in committee despite an outpouring of public support. Its support was captured in the article from Oregon Capitol Chronicle (March 20, 2025). Why did the Treasury oppose the Pause Act? Treasurer Steiner made it clear that she would not support the Pause Act and would focus only on the Treasury’s bill, HB 2081. That bill set a goal of limited emission reduction and reporting, with no mention of private investments. (HB2081 was enacted as the “Treasury’s “Climate Resilience Investment Act”). The Treasury’s opposition to the Pause Act was problematic. It argued SB 681 would limit diversification, but SB 681 did not stop the Treasury from having a diversified strategy. There was nothing in the bill that said the Treasury should stop investing in private equity, real estate, or real assets – which are the major components of their private investments. The Pause Act required only that the Treasury would not invest in private investments that would be funding fossil fuel infrastructure, in accordance with the goals of the Net Zero Plan, as well as the goal of obtaining strong returns on investment: Private investments have not always provided strong returns. Treasury’s testimony on returns compared private equity with public equity returns. That comparison was a selective misdirection. The Real Assets asset class, which are private investments, actually has lower 5 & 10-year returns than Public Equity, and yet those returns were not reported in their testimony. Moreover, the Real Assets class produces twice the emissions intensity of the Private Equity class. (For more details, see the Divest Oregon full response to the Treasury testimony.)
February 7, 2025
In December 2024, the Oregon Treasury published their Oregon Net Zero Plan 2024 Annual Report . Kudos to Treasurer Read for creating a Net Zero Plan and publishing the 2024 annual report before leaving office. Treasurer Read’s strong statement that climate risk is financial risk is essential context for the report. Divest Oregon published this analysis of the 2024 annual report including the following sections: Transition Readiness Framework/Carbon Intensive Review Manager Activity/Private Investments ESG Integration/Forming Alliances and Engagement Investing in climate-focused funds Proxy Voting Stewardship and Universal Ownership Divest Oregon strongly recommends the following: The Treasury's report should be sent to all PERS beneficiaries and prominently displayed on the Treasury website. Stakeholder input should be solicited during the formulation of Treasury action in this sphere and before the publication of the next plan report.
Oregon waterfall
January 14, 2025
“First-in-the-nation” Pause Act will protect Oregon retirees from private equity’s overexposure to fossil fuels
January 14, 2025
Few public pension fund trustees have adopted a plan to address the risk of climate change to their portfolio. Oregon should be applauded as one of them, yet how does Oregon’s proposed plan compare to the major net zero plans of other US public pension plans? Divest Oregon has just released a comprehensive and detailed Comparison of US Pension Funds' Net Zero Plans Report . It allows the Oregon Treasurer and the Oregon Investment Council (OIC) to see what other fiduciaries are planning, to adopt best practices, and to change OIC policy as needed. Climate change is moving fast, and the report should be used by Oregon PERS and all fiduciaries to move faster in implementing a strong plan.
November 13, 2024
The newly released 2024 Private Equity Climate Risks Scorecard & Report by our allies, Private Equity Stakeholder Project, Global Energy Monitor, and Americans for Financial Reform Education Fund, gives us new insight into private equity firms and OST investments in these secret funds. Twenty-one major private equity firms manage $6 trillion in assets – and two-thirds of the energy companies in their portfolios are invested in fossil fuels. Oregon state employees’ pension plan (PERS) invests in 11 of these 21 funds.
September 26, 2024
Above: Natural coastal area of the proposed Rio Grande LNG terminal. Credit: Dylan Baddour/ Inside Climate News Below: Artist Rendering of the Rio Grande LNG project (Photo: Business Wire , 11/21/2019)
August 19, 2024
A recent article in Chief Investment Officer reported that the University of California had solid returns mostly stemming from a fund that excludes tobacco and fossil fuel investments: The University of California’s endowment and pension fund each returned more than 12% for the fiscal year ending June 30, boosting the total asset value of the university’s investment portfolio by $16 billion to $180 billion. Some $1.3 billion of that $16 billion gain came from a single S&P 500 index fund—one which excludes tobacco and fossil fuel investments—that provided the portfolio with its single biggest investment gain. We assume the OIC and Treasury would be thrilled by these types of returns, given the drag that private investments are causing to the portfolio returns, and the continuing liquidity problems of private funds. UC invests where they have a strong conviction while fulfilling their fiduciary duty. The two are not mutually exclusive: “This past fiscal year was about investing only in what we fully understand and taking full advantage of low-fee index funds guided by what we call the UC Investments Way,” said UC CIO Jagdeep Singh Bachher in a statement. “It’s about simplicity and leveraging our scale to concentrate on areas where we have strong conviction.” Bachher added that he believes the U.S. and “its resilient economy and thriving innovation ecosystem … is the best place to invest,” and the UC system has backed that up by allocating approximately 75% of its portfolio to domestic investments. We look forward to seeing the OST swiftly shift a significant portion of OPERF to index funds that exclude fossil fuels and to end any consideration of new investments in private funds that are laden with fossil fuel assets, as described in the Treasurer’s Net-Zero Plan. Collectively the country has moved past climate denial. The Oregon Treasury and the Oregon Investment Council should not get mired in solution denial . The solutions for a healthier pension and planet are available now!