S T A T E O F N E W Y O R K
________________________________________________________________________
6391
2025-2026 Regular Sessions
I N A S S E M B L Y
March 4, 2025
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Introduced by M. of A. PALMESANO, ANGELINO, BENDETT, BLANKENBUSH, DeSTE-
FANO, GALLAHAN, JENSEN, McDONOUGH, TAGUE -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
enacting the "cobalt and lithium mining and production divestment act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "cobalt and lithium mining and production divestment act".
§ 2. The retirement and social security law is amended by adding a new
section 423-d to read as follows:
§ 423-D. INVESTMENT OF CERTAIN PUBLIC FUNDS IN COMPANIES INVOLVED IN
COBALT AND LITHIUM MINING AND PRODUCTION. 1. FOR THE PURPOSES OF THIS
SECTION, "COBALT AND LITHIUM MINING AND PRODUCTION" SHALL MEAN EXPLORA-
TION, EXTRACTION, DRILLING, PRODUCTION, REFINING, PROCESSING OR DISTRIB-
UTION ACTIVITIES RELATED TO COBALT AND LITHIUM, FOR THE MANUFACTURE OF
BATTERIES USED IN LARGE-SCALE BATTERY STORAGE POWER STATIONS AND THE
PRIMARY PROPULSION SYSTEMS FOR ELECTRIC VEHICLES, INCLUDING, BUT NOT
LIMITED TO, CARS, TRUCKS AND BOATS.
2. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ON OR
AFTER THE EFFECTIVE DATE OF THIS SECTION, NO MONIES OR ASSETS OF THE
COMMON RETIREMENT FUND SHALL BE INVESTED IN THE STOCKS, SECURITIES OR
OTHER OBLIGATIONS OF ANY INSTITUTION OR COMPANY ENGAGING IN COBALT AND
LITHIUM MINING OR PRODUCTION FOR THE MANUFACTURE OF BATTERIES USED IN
LARGE-SCALE BATTERY STORAGE POWER STATIONS AND THE PRIMARY PROPULSION
SYSTEMS FOR ELECTRIC VEHICLES, IF SUCH COMPANY CANNOT ESTABLISH THROUGH
APPROVED INDEPENDENT MONITORING THAT THEIR MINING OPERATION DOES NOT USE
CHILD LABOR AND THAT ADULT MINERS AND OTHER WORKERS ARE EMPLOYED UNDER
CONDITIONS THAT MEET ACCEPTED CRITERIA UNDER INTERNATIONAL STANDARDS
SUCH AS THE CONVENTIONS OF THE INTERNATIONAL LABOR ORGANIZATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03335-01-5
A. 6391 2
(B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO ASSETS OF
ANY PENSION OR ANNUITY FUND UNDER THE JURISDICTION OF THE COMPTROLLER
SHALL BE INVESTED IN ANY BANK OR FINANCIAL INSTITUTION WHICH DIRECTLY OR
THROUGH A SUBSIDIARY HAS OUTSTANDING LOANS TO, OR FINANCIAL ACTIVITIES
ASSOCIATED WITH, THE MINING OR PRODUCTION OF COBALT OR LITHIUM, AND NO
SUCH ASSETS SHALL BE INVESTED IN THE STOCKS, SECURITIES OR OTHER OBLI-
GATIONS OF ANY COMPANY WHICH DIRECTLY OR THROUGH A SUBSIDIARY IS ENGAGED
IN BUSINESS IN OR WITH COBALT OR LITHIUM MINING AND PRODUCTION, IF SUCH
BANK OR FINANCIAL INSTITUTION CANNOT ESTABLISH THROUGH APPROVED INDE-
PENDENT MONITORING THAT THEIR MINING OPERATION DOES NOT USE CHILD LABOR
AND THAT ADULT MINERS AND OTHER WORKERS ARE EMPLOYED UNDER CONDITIONS
THAT MEET ACCEPTED CRITERIA UNDER INTERNATIONAL STANDARDS SUCH AS THE
CONVENTIONS OF THE INTERNATIONAL LABOR ORGANIZATION.
3. (A) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
COMPTROLLER SHALL CREATE AN EXCLUSION LIST CONSISTING OF ALL COBALT AND
LITHIUM PRODUCERS IN WHICH STOCKS, SECURITIES, EQUITIES, ASSETS OR OTHER
OBLIGATIONS THE COMMON RETIREMENT FUND HAS ANY MONIES OR ASSETS DIRECTLY
INVESTED.
(B) UPON COMPLETION, SUCH EXCLUSION LIST SHALL BE MADE PUBLICLY AVAIL-
ABLE AND A COPY SHALL BE SENT TO THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY.
(C) WITHIN SIXTY DAYS AFTER THE COMPLETION OF THE EXCLUSION LIST, THE
COMPTROLLER SHALL FILE WITH THE LEGISLATURE A REPORT OF ALL INVESTMENTS
HELD, AS OF THE EFFECTIVE DATE OF THIS SECTION, WHICH ARE IN VIOLATION
OF THE PROVISIONS OF THIS SECTION. EVERY YEAR THEREAFTER, THE COMP-
TROLLER SHALL REPORT ON ALL INVESTMENTS SOLD, REDEEMED, DIVESTED OR
WITHDRAWN IN COMPLIANCE WITH THIS SECTION. EACH REPORT AFTER THE INITIAL
REPORT SHALL PROVIDE A DESCRIPTION OF THE PROGRESS WHICH THE COMPTROLLER
HAS MADE SINCE THE PREVIOUS REPORT AND SINCE THE EFFECTIVE DATE OF THIS
SECTION.
(D) THE COMPTROLLER SHALL, IN ACCORDANCE WITH SOUND INVESTMENT CRITE-
RIA AND CONSISTENT WITH SUCH COMPTROLLER'S FIDUCIARY OBLIGATIONS, TAKE
APPROPRIATE ACTION TO SELL, REDEEM, DIVEST OR WITHDRAW ANY INVESTMENT
HELD IN VIOLATION OF THE PROVISIONS OF THIS SECTION. SUCH SALE, REDEMP-
TION, DIVESTMENT OR WITHDRAWAL SHALL BE COMPLETED NOT LATER THAN THREE
YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
(E) THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE THE PREMATURE OR
OTHERWISE IMPRUDENT SALE, REDEMPTION, DIVESTMENT OR WITHDRAWAL OF AN
INVESTMENT.
§ 3. This act shall take effect immediately.