On October 7, 2023, the California Governor signed two climate disclosure laws that will shape climate disclosure practices beyond the state’s borders. The laws apply to US businesses that meet specified revenue thresholds and do business in California.
There has been mounting pressure from governments and shareholders for companies to disclose their GHG emissions and report on climate-related risks. For most US companies, the current approach for such disclosures relies largely on voluntary reporting.
This is changing, as evidenced by reporting requirements on the national level (the SEC’s climate proposal) and international developments (standards from the International Sustainability Standards Board (ISSB) and European Sustainability Reporting Standards). The California laws add a new dimension, with state-level requirements that have national and international implications.
In the movement to improve transparency and standardize climate-related disclosures, California passed two laws that apply to both public and private US companies (and other business entities) that do business in California – whether or not they are physically present in the state.
The following table compares key details from the two laws, with further analysis in our Hot Topic.
|
SB-253 (GHG emissions) |
SB-261 (climate risks) |
---|---|---|
Revenue threshold |
> $1 billion annually |
> $500 million annually |
Exclusions |
None |
Insurance companies |
Disclosures |
Scopes 1, 2 and 3 GHG emissions |
Climate-related financial risks and measures adopted to reduce and adapt to such risks |
Framework |
Greenhouse Gas Protocol |
Task Force on Climate-related Financial Disclosures (TCFD) |
Effective dates |
Scopes 1 and 2: 2026 (FY25 data) Scope 3: 2027 (FY26 data) |
On or before Jan 1, 2026 |
Reporting frequency |
Annual |
Biennial |
Assurance |
Scopes 1 and 2: limited assurance from 2026, reasonable assurance from 2030 Scope 3: TBD |
None |
Assurance provider |
Independent third party |
Not applicable |
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