On September 1, 2026, the California Air Resources Board (“CARB”) issued a Notice of Availability of 2026Reporting Resources (“Notice”) which provided links to a new 2026 Report Intake Platform (“Platform”) and written Guidance for SB 253 2026 Reporting Submittals (“Guidance”). A review of the history,and these new materials, is set forth below.
2023 – Initial Climate Laws
In October 2023, California took a leadership role in the area of enterprise climate disclosures with the adoption of three new climate laws – SB 253 (Climate Corporate Data Accountability Act), SB 261 (Greenhouse Gases, Climate Related Financial Risk), and AB 1305 (Voluntary Carbon Market Disclosures).
2026 – Initial Regulation under SB 253
Under the authority of SB 253, CARB made history in February 2026 by issuing the first implementing regulation (“Initial Regulation”) mandating climate disclosures within the United States. In terms of history, the final technical package was submitted by CARB staff to the CARB board on May 20, 2026, it was withdrawn to allow for “limited clarifying changes” and delayed the SB 253 reporting deadline to November 10, 2026. CARB staff planned to resubmit the technical package, following a public comment period,by September 1, 2026. At that time, CARB planned to release a guidance document and instructional video, and an optional platform for gathering information about reporting companies.
2026 - Notice
As promised in prior communications, CARB did issue a guidance document and online platform on September 1, 2026, as described in the Notice. Although the public comment period on the draft Initial Regulation closed on August 11, 2026, to date CARB has not announced that they have resubmitted the technical package for the Initial Regulation to the OAL final approval.
2026 – Intake Platform
CARB developed and published a voluntary 2026 Report Intake Platform that entities may choose to use, but it is not mandatory. The Platform can be used to provide CARB with contact information ahead of the reporting deadline,and it also provides fields to submit Scope 1 and 2 emissions reports to CARB.
2026 - Guidance
The Guidance document summarizes key points, and reiterates that CARB does not intend to extend or impose other requirements than those in the statues and Initial Regulation. While the Guidance document can be changed inthe future, it appears intended to signal predictability and regulatory certainty for potential filers. Most importantly, it reiterates that CARB will exercise enforcement discretion in many areas, consistent with prior communications.
The highlights of reporting under the Initial Regulation are expected to be as follows:
· Applicability: Regarding applicability of SB 253, the revenue threshold remains $1 billion and the “Doing Business in CA” test will require at least $735,000 of revenue derived from CA
· Related entities: Parent and subsidiary entities can consolidate for both reporting and fee payment
· Filing deadline: Disclosures under SB 253 will be due on or before November 10, 2026
· Contents: SB 253 reporting for 2026 can be limited to Scope 1 and 2 greenhouse gases only, but is expected to expand to require Scope 3 in 2027
· Cost: Annual fees are expected to range between $2,000-7,000 in the first year
· Format: As specified, the basic format for reports is GHG Protocol reporting format. Other acceptable formats include existing annual reports of the filer or reports submitted to voluntary organizations. A Scope 1 & 2 Reporting Template for SB253 has been provided but is not required
· Emissions Factors: CARB will not require use of a specific emission factor dataset for 2026 reporting
· Assurance requirements: While limited assurance is technically required in 2026, reports will be accepted without it
· Entities without Emissions Data: These entities can submit a Statement of Non-Reporting on letterhead.
· Submissions: Can be made by email or through the Intake Platform
· CARB will continue to follow its December 2024Enforcement Notice, which states that for the 2026 reporting cycle CARB will not take enforcement action against companies working in good faith to comply with SB 253
In summary, it appears that the Initial Regulation, and 2026 reporting under it, will continue as anticipated.
2027 – Subsequent Regulation under SB 253
In various communications, CARB staff has suggested many potential changes for 2027 reporting under SB253. As those requirements become more developed and clarified, we will communicate them to you.
Please contact us if you’d like to discuss your compliance obligations, in the U.S. and beyond.
Chip Horton and Jarret Johnson, Esq.
Tellus Markets Corp.
