ARTICLE
21 September 2023

Companies Must Prepare Ahead Of California's New Climate Disclosure Legislation

O
Ogier
Contributor
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Ogier provides legal advice on BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg law. Our network of locations also includes Beijing, Hong Kong, London, Shanghai, Singapore and Tokyo. Legal services for the corporate and financial sectors form the core of our business, principally in the areas of banking and finance, corporate, investment funds, dispute resolution, private equity and private wealth. We also have strong practices in the areas of employee benefits and incentives, employment law, regulatory, restructuring and corporate recovery and property. Our corporate administration business, Ogier Global, works closely with Ogier's partner-led legal teams to incorporate and administer a wide variety of vehicles, offering clients integrated legal and corporate administration services. We have the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost effective services to all our clients.
Boom – Climate Week NYC is here and California Governor Gavin Newsom has kicked off the event with a major climate announcement that will certainly be welcomed by those pushing to see greater climate action.
Worldwide Corporate/Commercial Law
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Boom – Climate Week NYC is here and California Governor Gavin Newsom has kicked off the event with a major climate announcement that will certainly be welcomed by those pushing to see greater climate action.

Gov Newsom has committed to sign Senate Bill 253, California's nation-leading climate disclosure legislation and the nation's first comprehensive greenhouse gas emissions disclosure requirement.

What is Senate Bill 253 and 261?

Senate Bill 253 (SB 253) is the US's first ever economy-wide mandatory climate disclosure policy. The bill focuses on greenhouse gas (GHG) emissions disclosure, while Senate Bill 261 (SB 261) is focused on climate risk disclosure.

Both bills were passed in the California State Assembly last week, cementing California's position as a climate leader by signing these bills into law.

  • SB 253 will require companies that do business in California and earn at least $1 billion annually to report climate pollution across their supply and value chains. SB 261 will require companies with revenue over $500 million to report on their climate-related risks.

  • Both bills apply to public and private companies over certain revenue thresholds.

  • SB 253 will apply to more than 5,300 companies and SB 261 will cover more than 10,000 companies.

The bills complement the US Securities and Exchange Commission's proposed rule requiring climate disclosure for public companies, and the International Sustainability Standards Board's (ISSB) global standards, which are expected to be finalised this year.

What's next?

Beginning January 1 2026, companies will need to publicly release a report biennially outlining climate-related financial risks and approaches used to reduce and adapt such risks.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
21 September 2023

Companies Must Prepare Ahead Of California's New Climate Disclosure Legislation

Worldwide Corporate/Commercial Law
Contributor
Ogier  logo
Ogier provides legal advice on BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg law. Our network of locations also includes Beijing, Hong Kong, London, Shanghai, Singapore and Tokyo. Legal services for the corporate and financial sectors form the core of our business, principally in the areas of banking and finance, corporate, investment funds, dispute resolution, private equity and private wealth. We also have strong practices in the areas of employee benefits and incentives, employment law, regulatory, restructuring and corporate recovery and property. Our corporate administration business, Ogier Global, works closely with Ogier's partner-led legal teams to incorporate and administer a wide variety of vehicles, offering clients integrated legal and corporate administration services. We have the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost effective services to all our clients.
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