Corporate Governance

2022 Corporate Governance and Executive Compensation Survey - 20th Annual

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Shearman & Sterling LLP 45 | A Deeper Look at the Global Framework Principles for Decarbonizing Heavy Industry Progress is indeed being made on this front. One of the latest Notices of Intent from the U.S. Department of Energy, through the Bipartisan Infrastructure Bill, has authorized $8 billion in funds for investments in hydrogen hubs to decarbonize hard-to-abate industrial sectors. 8 Earlier, Germany pledged $10 billion to fund 62 hydrogen projects. The European Union President, Ursula von der Leyen, recently announced that the continent's Covid recovery plan is worth €750 billion over four years, and that more than one-third of the funds are earmarked for the goals set in the European Green Deal to ensure sufficient renewable electricity to produce renewable hydrogen. 9 Calibrating these targeted financial injections to align with GHG emission reduction commitments in reality has been much more challenging, and financial institutions worldwide continue to under-invest in green assets. Some of this could be due to unforeseen circumstances that perhaps have suggested a slower drawdown of legacy power generation sources than previously projected. More than ever, there is a pressing need to unlock capital globally for clean industrial decarbonization efforts, clean energy production and energy storage. The financial sector will be a critical player in both areas, and cooperation in this endeavor will be absolutely necessary, as the financial players all share nearly the same systemic risk. Banks and private equity firms alike have increasingly devoted more attention and capital in these areas of industrial decarbonization and sustainability. The emergence of the Glasgow Financial Alliance for Net Zero (GFANZ) from COP26 was a noteworthy evolution of the financial sector. GFANZ now includes over 100 global banks committed to helping clients achieve net-zero by 2050 commitments, as well as science-based 2030 emissions reduction targets. Over the last few years, Ara Partners, a pure-play decarbonization investor, has raised a total of $1.7 billion across three funds. Blackstone, one of the largest investment management companies, has committed over $15 billion energy transition-related investments, and plans to invest an estimated $100 billion in energy transition and climate change solutions projects over the next decade — a significant amount of which are expected to be directed to focused decarbonization efforts. Together, firms like these are actively prioritizing funding for deployment of low and zero carbon technologies to help phase out fossil fuel use. Another framework principle calls for the implementation of policies to create demand for low-carbon, circular and resource-efficient basic material products, supported by the use of standardized lifecycle carbon footprint labeling and performance incentives for end products. In this regard, there has been significant progress on the corporate front. As companies are increasingly disclosing their sustainability efforts and metrics, there has been a renewed focus on lifecycle carbon footprint reporting. While these efforts remain voluntary, investor pressures are filling in the gaps for legal obligations while the SEC plays catch-up. The SEC, however, has proposed recent amendments that would require enhanced disclosures by funds to even include the emissions that their portfolios are responsible for, including the carbon footprint and intensity of the companies they invest in. 10 The rationale behind this move, as explained by the SEC's Chair Gary Gensler, is that "investors should be able to drill down to see what's under the hood of these strategies ... allowing them to allocate their capital efficiently and meet their needs." 8 See U.S. Department of Energy, "Notice Of Intent To Issue Funding Opportunity Announcement," https://oced-exchange.energy.gov/Default. aspx#FoaId4e674498-618c-4f1a-9013-1a1ce56e5bd3. 9 See European Commission, Opening speech by President von der Leyen at the European Hydrogen Energy Conference 2022, https://ec.europa.eu/ commission/presscorner/detail/en/SPEECH_22_3185 (May 18, 2022). 10 See U.S. Securities and Exchange Commission, "SEC Proposes to Enhance Disclosures by Certain Investment Advisers and Investment Companies About ESG Investment Practices," https://www.sec.gov/news/press- release/2022-92 (May 25, 2022).

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