Hot Topic | October 2023

Insight

California introduces climate disclosures and assurance

The ESG reporting landscape expands with the addition of broad reaching state-level climate disclosure rules.

Julie Santoro

Julie Santoro

Partner, Dept. of Professional Practice, ESG, KPMG US

+1 212-954-1086

Marissa Gerdes

Marissa Gerdes

Senior Manager, Dept. of Professional Practice, KPMG US

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.

Relevant dates

  • The laws were signed by Governor Newsom on October 7, 2023
  • Effective for reporting in 2026

Key impacts

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 

 

Report contents

  • Fast facts, impacts, actions  
  • Background  
  • A broad scope  
  • Targeted disclosures  
  • Effective dates are coming soon  
  • Assurance required from the onset 
  • Comparison to the SEC proposal  
  • It’s all about the value chain  
  • Contacts 

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