More than 5,300 large public and private companies doing business in California will have to report carbon emissions under the state’s new Climate Corporate Data Accountability Act (CCDAA). CA Senate Bill 253 was signed into state law on October 7, 2023, and will soon establish the first U.S. comprehensive approach to greenhouse gas (GHG) emissions reporting and disclosures.
California’s CCDAA will phase in requirements beginning in 2025 when the California Air Resources Board establishes a reporting structure and implementing rules. Corporate annual reporting begins in 2026 for facilities’ direct emissions (Scope 1) and the emissions resulting from powering, heating, and cooling facilities (Scope 2). Reporting for facilities’ other indirect emissions (Scope 3) will occur in 2027.
Corporations will face a substantial recordkeeping burden to document, estimate, and report to account for emissions from their operations, as well as the emissions associated with their supply chains, transportation operations, and more.
While the CCDAA may be the first comprehensive climate-reporting requirement for U.S. companies, other laws are being developed, each with different scopes, requirements, and definitions of key terminology. For example, proposed U.S. SEC rules would require climate data disclosures by public companies. Similarly, Europe’s new directive on Corporate Sustainability Reporting (CSR) requires reporting on climate change (including Scopes 1, 2, and 3 greenhouse gas emissions) beginning in 2024 and, in 2028, extending to global operations of non-EU companies with significant EU-based revenue and assets.
A secondary effect of these climate-reporting laws will be to promote a culture of corporate sustainability and accountability for emissions reduction strategies as innovation, rapid adoption of sustainable practices, and development of technologies to reduce GHG emissions and allow companies to avoid both public scrutiny and potential penalties. These requirements may offer opportunities to pursue sustainability as a competitive advantage in a world increasingly focused on corporations’ environmental responsibility.