California finalizes stricter climate disclosures
California’s Air Resources Board approved rules implementing SB‑253 and SB‑261 that will force large companies to disclose climate‑related financial risks and greenhouse gas emissions — a significant step toward mandatory corporate climate transparency. Expect compliance costs and reporting complexity to rise for firms operating in or selling to California. (mondaq.com)
CARB voted to adopt an initial implementing regulation on February 26, 2026, and the package intentionally limited its scope to core mechanics — definitions, fees and a first‑year deadline — while deferring technical requirements to follow‑on rulemakings. (sullcrom.com) The finalized text establishes a one‑time first‑year deadline of August 10, 2026 for SB‑253 Scope 1 and Scope 2 submissions and instructs entities to report on their prior fiscal‑year data aligned to each entity’s fiscal‑year end. (sullcrom.com) SB‑253 applies to U.S.-formed entities with total annual revenues exceeding $1 billion and SB‑261 to those exceeding $500 million, with “revenue” defined by California’s gross‑receipts standard and the in‑scope test using the lesser of the previous two fiscal years; CARB’s rules permit consolidated parent‑level reporting and staff signaled insurance companies may qualify for an exemption. (ww2.arb.ca.gov) Enforcement of SB‑261 is currently paused after the U.S. Court of Appeals for the Ninth Circuit issued an injunction on November 18, 2025, while CARB has kept a voluntary SB‑261 reporting portal available and said it will not enforce SB‑261 during the injunction period. (debevoise.com) CARB adopted a flat‑rate fee methodology to fund program administration, and outside estimates for 2026 vary — legal analysts put likely annual fees in a $2,000–$7,000 range while one vendor’s estimate published by ISS put 2026 fees at about $3,106 for SB‑253 and $1,403 for SB‑261. (willkie.com) The statutes preserve significant administrative penalties — up to $500,000 per reporting entity per year for SB‑253 and up to $50,000 per year for SB‑261 — although CARB has indicated it may exercise enforcement discretion for entities that make good‑faith efforts in the initial reporting cycle. (pwc.com)
