Benefit Corporation Bill Goes to Governor

The California benefit corporation bill, AB 361, has passed through both houses of the state Legislature and is now on Governor Jerry Brown’s desk. He has 12 days to sign or veto it.

As I said in my previous post on this groundbreaking bill, AB 361 is important because as sustainable businesses grow, they often find themselves under pressure from investors to back off on elements of their mission, and if they go public, the fear of shareholder lawsuits may compel them to take actions that compromise their sustainability orientation, such as accepting a buyout offer from a suitor that doesn’t share their commitments. AB 361 has three key components that address this issue:

  • Businesses that choose to incorporate as benefit corporations must include as part of their mission creating a material positive impact on society and the environment.
  • The fiduciary duty for benefit corporations includes considering public benefits when making decisions.
  • Benefit corporations must report annually on their overall social and environmental performance using recognized third-party standards.

What would that mean, ultimately? Assemblymember Jared Huffman (D-San Rafael), who introduced the bill, put it this way:

“Socially responsible businesses, investors and consumers all over California are calling for this type of legislation. They believe this bill is the start of something transformational, that it embodies their forward thinking and entrepreneurship. But most importantly, this bill sends a message to socially minded companies and entrepreneurs that California is open for this emerging form of business.”

Thinkshift has written to the governor urging him to sign the bill. Want to send a message yourself? Get contact info and a sample letter on the Green Chamber of Commerce website.

Good News, Bad News: Paper’s Environmental Impact

As marketers, we’re acutely aware of paper use—we handle all kinds of print projects for clients, and paper appears in nearly every aspect of modern life, in packaging, personal and home products, and so on. I even own a hat made of paper (recycled).

The bad news is, paper use is on the rise globally, and North Americans use more of it per person than anybody else. The good news is, per capita use in North America is on the decline, and we’re seeing more use of recycled content and production methods that don’t use harmful chemicals.

The Environmental Paper Network (EPN) chronicles every aspect of paper production and use in its new report, State of the Paper Industry 2011. The report, aimed at policy makers, the paper and forestry industries, and large paper users, shows why changing the ways we produce and use paper is one of the best opportunities we have to reduce environmental damage.

Much of the progress is due to concerted action by the paper industry itself and watchdog and certification groups, along with demand by users such as designers (who were on board early), the packaging industry (which came later to the party, but recently has started to make a big impact), and big companies’ environmental procurement policies. Pressure on our forests is growing, despite the prevalence of digital media, but more forests are being managed sustainably or even designated off-limits.

The EPN set the baseline for statistics with it’s first report in 2007. Here are a few quick stats from this year’s report:

  • Paper accounted for 16% of waste in North American landfills in 2009, down from 26 percent in 2005.
  • The United States recycled or reused 63 percent of paper in 2009, compared with 46 percent in 2000.
  • The average North American consumed more than 500 pounds of paper per person, per year in 2010; the average European consumed just under 400 pounds a year. World average is 120 pounds per person.
  • From 2005 to 2009, the volume of paper in U.S. landfills shrank by 16 million tons to 26 million tons. That’s the equivalent of a line of trash barges almost 400 miles long.
  • In 2009, China surpassed North America in overall paper use.
  • As of July 2011, there were 791 available papers certified by the Forest Stewardship Council (the FSC provides the only certification that the EPN and environmentalists recognize as legitimate). The EPN designated only 121 papers as environmentally superior in 2010, as evaluated by its Paper Steps project.

The EPN makes a number of recommendations for making more progress, which boil down to: use less paper, and when you must, use recycled paper made with low-impact processes. Fortunately, it’s relatively easy to find papers with 100 percent recycled content; many are just as handsome as their environmentally unfriendly counterparts. Good recycled papers are available through most printers and at big box stores (I’ve found Staples has the best options for everyday office use).

California Considers Benefit Corporations

Sustainability-oriented businesses based in California may soon be able to choose a corporate form that bakes their social and environmental commitments into their legal business structure.

AB 361, introduced by North Bay Assemblymember Jared Huffman, would establish benefit corporations as a legal corporate form. The bill is scheduled for a hearing August 15 in the state Senate Appropriations Committee—its last stop before a floor vote and, if all goes well, the governor’s desk.

The bill is sponsored by B Lab, the certifier of B Corporations. If it passes and Gov. Jerry Brown signs it, AB 361 will be a milestone in B Lab’s campaign to establish the benefit corporation as a recognized legal form in all 50 states. Several states have already passed benefit corporation legislation, but given California’s size and influence, a win here would be huge.

Some people wonder why this is necessary—can’t businesses just contribute to the public good as much as they want to? Not always. As they grow, businesses that pursue social and environmental results as well as profits often find themselves under pressure from investors to back off on elements of their mission, and if they go public, the fear of shareholder lawsuits may compel them to take actions that compromise their sustainability orientation, such as accepting a buyout offer from a suitor that doesn’t share their commitments. (See this New York Times piece for cautionary tales and more on B Corporations.)

AB 361 gives businesses a way to protect their mission. It provides legal recognition for businesses that adopt higher standards of corporate purpose, accountability, and transparency—and assures that the designation means something by requiring benefit corporations to publish an annual Benefit Report following recognized third-party standards for defining, reporting, and assessing social and environmental performance. It allows directors and officers to safely consider the nonfinancial interests of the workforce, community, and environment when making decisions. Overall, B Lab says, it creates “a platform for innovative entrepreneurs to build great companies that generate high-quality jobs and economic development for communities.”

Who wouldn’t want that?

Express your support to Assemblymember Huffman. Read the bill and track its progress here (bonus: you’ll get a time-machine view of the web as it was in the beginning).

S.F. Baykeeper Earns Our 1% for the Planet Donation

I’m really pleased to report that we’ve made our first contribution as a member of 1% for the Planet. We donated our 1 percent of our 2010 revenue to the very worthy San Francisco Baykeeper.

Making our selection was tougher than we thought it would be. There are a lot of wonderful nonprofits allied with 1% for the Planet. But we love Baykeeper for a number of reasons:

  • They’re local, and they focus on preserving a resource—San Francisco Bay—that’s vital to our city, the entire Bay Area, and the state.
  • Baykeeper uses a combination of science and consensus building to set goals, and then achieves those goals via advocacy, govenmental policy and legal action. We love that—it’s effective, and results in good policies and strong regulations that deliver lasting results.
  • They’re genuinely transparent, with full disclosure of their finances and operations on their website.
  • Finally, they are excellent communicators. Their website is full of news, research findings, stories about their successes and lots more. They know how to make their case and engage readers, using both information and online tools. No jargon (even though they are wonkish) and no fluff. They are completely credible.

What’s not to like?

Why We’re Excited About Our Work

We knew when we decided to focus on working with sustainability-oriented enterprises that really caring about our clients’ success would play a big part in keeping us excited about being Thinkshift. This is not just because we’re conscientious professionals and like the people we work with, but because we think our clients can make the world a better place.

In appreciation of our clients and in hopes of giving others a little shot of inspiration, here’s a list (in no particular order) of nine cool things our clients have done so far this year.

  1. New Resource Bank figured out a way to use stimulus grants to make solar power affordable for nonprofits.
  2. RoseRyan got people talking with its list of Northern California’s top 25 movers and shakers in cleantech.
  3. Powerit Solutions, recently dubbed one of Seattle’s hottest companies, closed a new $5 million investment round.
  4. The California NGV Coalition is co-sponsoring legislation that would require the state to meet its goals for petroleum use reduction and alternative fuels use.
  5. Andean Naturals, an importer of organic quinoa from Bolivia (much of it Fair Trade Certified™) is introducing another ancient grain alternative to the U.S. market—”baby quinoa,” aka kaniwa (ka-nyi-wa).
  6. Sage Consulting, whose First Touch training program for healthcare providers improves patient safety and satisfaction, is expanding from hospitals and clinics to home healthcare and hospice operations.
  7. Powerit’s advanced energy management system, Spara, helped Four Star Fruit in California’s Central Valley reduce its electric bill 16 percent.
  8. New Resource partnered with the California Fisheries Fund to finance Wild Planet’s expansion of sustainable seafood infrastructure on  the West Coast.
  9. RoseRyan proved that finance pros have a sense of humor with its Finance Pro Personality Quiz—and earned plaudits in CFO Magazine for its insight. (OK, this one’s a tad self-serving since we created the quiz for them, but we love them for being game to do something purely fun.)

We’re expecting more inspiration and achievements from these and other clients as the year rolls on. That makes us happy.