Sustainability Reporting Standards
Menu
All standardsUnited StatesISSBEU CSRDUK SRS
United States

US climate disclosure, state by state

There is no federal rule. California’s two laws are the requirement that counts, and the first SB 253 emissions reports are due on 10 November 2026 if CARB’s regulation is approved.[3]

SB 253 in full →Check what applies
Checked 6 October 2026SB 253SB 261SEC
The shape of it

California leads, Washington retreats

California’s laws reach any US company over the revenue thresholds that does business in the state, wherever it is headquartered. That captures much of corporate America.

The federal picture runs the other way: the SEC’s 2024 rule never took effect and is now proposed for rescission.[10]

2,596Entities on CARB's preliminary list as potentially in scope of SB 253CARB, Sep 2025[5]
4,100+Entities potentially in scope of SB 261, on the same listCARB, Sep 2025[5]
$1bnRevenue threshold for SB 253 (SB 261: $500m)Cal. H&S Code §38532[1]
$500,000Maximum SB 253 penalty per reporting yearCal. H&S Code §38532[1]
Due 10 Nov 2026*

SB 253: emissions

The Climate Corporate Data Accountability Act requires an annual greenhouse gas inventory: Scope 1 and 2 from 2026 on the prior fiscal year, and Scope 3 from 2027 on a schedule CARB sets.[1]

The first year is lighter

  • No assurance is required for the 2026 report.
  • Companies may report only data they held, or were collecting, as of 5 December 2024. If they held none, they file a letter saying so.
  • Reports may be consolidated at parent level.[3]

Then it tightens

Limited assurance on Scope 1 and 2 follows the first year, moving to reasonable assurance in 2030, when Scope 3 also gets limited assurance.[1] CARB estimated annual fees at $3,106 per entity.[5]

*CARB’s September 2026 guidance says the regulation applies “if approved by OAL”. We had not seen approval by 6 October 2026.

TopicSB 253: emissionsSB 261: climate risk
WhoUS-organised entities with total revenue over $1bn that do business in CaliforniaUS-organised entities with total revenue over $500m that do business in California; insurers exempt
WhatScope 1 and 2 greenhouse gas emissions every year; Scope 3 from 2027A climate-related financial risk report every two years, following TCFD, IFRS S2 or an equivalent framework
First due10 November 2026 (proposed), covering the prior fiscal yearWas 1 January 2026; not enforced while the injunction stands
AssuranceNone for the 2026 report; limited from 2027; reasonable on Scope 1 and 2 from 2030None
StatusStatute in force; CARB's regulation awaits approvalEnjoined by the Ninth Circuit pending appeal
  1. 6 Mar 2024US
    SEC adopts its climate disclosure rule, then stays it on 4 April
  2. 27 Mar 2025US
    SEC votes to stop defending the rule in court
  3. 18 Nov 2025US
    Ninth Circuit enjoins California SB 261 pending appeal
  4. 29 May 2026US
    SEC proposes rescinding the climate rule in full
  5. 10 Nov 2026USNot yet final
    First SB 253 Scope 1 and 2 reports due, if CARB's regulation is approved
  6. 2027US
    SB 253 Scope 3 reporting begins, on a schedule CARB sets
  7. 2030US
    SB 253: reasonable assurance on Scope 1 and 2, limited assurance on Scope 3
Paused

SB 261: climate risk, on hold

SB 261 asks for a climate-related financial risk report every two years, prepared under TCFD, IFRS S2 or an equivalent, from US companies with more than $500m revenue doing business in California.[2]

On 18 November 2025 the Ninth Circuit granted an injunction pending appeal in Chamber of Commerce v. Sanchez, covering SB 261 only.[6] CARB said it would not enforce the 1 January 2026 deadline and ran a voluntary filing docket from 1 December 2025 to 1 July 2026.[7]

Oral argument was heard on 9 January 2026. As of early October 2026 there was no ruling.[8]

What to do now
  • Keep the draft report. If the injunction lifts, CARB will set a new deadline, and work already done under TCFD or IFRS S2 is what you will file.
  • Don’t pause SB 253. The injunction does not touch it.
  • Reuse it elsewhere. An IFRS S2-aligned risk report also serves ISSB jurisdictions and the UK. ISSB →
Federal

The SEC rule: adopted, stayed, going

The SEC adopted its climate disclosure rule 3–2 on 6 March 2024 and stayed it a month later while challenges were heard in the Eighth Circuit. On 27 March 2025 it voted to stop defending the rule. The court put the case on hold in September 2025.

On 29 May 2026 the Commission voted unanimously to propose rescinding the rule in full. Comments closed on 3 August 2026; a final vote is the remaining step.[10],[11]

For US-listed companies, no federal rule requires greenhouse gas disclosure. Where a requirement exists, it comes from California, or from abroad through the EU, UK and ISSB regimes.

Other states

Copycat bills, none enacted

Filter by status. Bills modelled on SB 253 have moved furthest in New York.

CaliforniaEnacted

SB 253 and SB 261, signed in 2023 and amended by SB 219 in 2024.[9]

New YorkPassed Senate

S9072A passed the Senate 40–22 on 10 February 2026 and sits with the Assembly Codes committee. As drafted: Scope 1 and 2 from 2028, Scope 3 from 2029.[12]

New JerseyIn committee

S679 was reported from Senate committee on 12 February 2026; reporting would start three years after enactment.[13]

IllinoisIn committee

HB3673 remains in committee.[14]

ColoradoPostponed

HB25-1119 was postponed indefinitely, per a secondary tracker.[15]

Questions

US rules, answered

Who must report under California SB 253?

Entities organised in the United States with total annual revenue over $1bn that do business in California.[1] Under CARB’s regulation, revenue is the lesser of the two previous fiscal years. “Doing business” includes being organised or commercially domiciled in California, or California sales above $757,070 (the 2025 figure) or 25% of total sales.[4]

When is the first SB 253 report due?

10 November 2026, for Scope 1 and 2 data on the prior fiscal year, if California’s Office of Administrative Law approves CARB’s regulation. CARB first set 10 August 2026, withdrew the regulation on 23 June and announced the November date the next day.[3],[4]

Does the first SB 253 report need assurance?

No. CARB’s guidance says assurance is not required for the 2026 report.[3] The statute then requires limited assurance on Scope 1 and 2, reasonable assurance from 2030, and limited assurance on Scope 3 from 2030.[1]

What are the penalties under SB 253?

Penalties are capped at $500,000 per reporting year. Scope 3 misstatements made in good faith have a safe harbour, and from 2027 to 2030 Scope 3 penalties apply only to failing to file.[1]

Is SB 261 still in force?

The statute stands, but on 18 November 2025 the Ninth Circuit enjoined it pending appeal, so CARB is not enforcing the 1 January 2026 deadline.[6],[7] Oral argument was heard on 9 January 2026; no decision had been reported by early October 2026.[8] The injunction does not cover SB 253.

What happened to the SEC climate disclosure rule?

Adopted 6 March 2024, stayed 4 April 2024, and never in effect. The SEC voted to stop defending it on 27 March 2025, and on 29 May 2026 proposed rescinding it in full; comments closed on 3 August 2026.[10],[11]

Sources

Where this comes from

Primary sources unless labelled secondary.

  1. [1]California Health and Safety Code §38532 (SB 253, Climate Corporate Data Accountability Act)California Legislative Information · statute as amended by SB 219
  2. [2]California Health and Safety Code §38533 (SB 261, climate-related financial risk)California Legislative Information · statute as amended by SB 219
  3. [3]Guidance for SB 253 2026 ReportingCalifornia Air Resources Board · September 2026
  4. [4]SB 253/261 regulation: 15-day modified textCalifornia Air Resources Board · comment period 27 July – 11 August 2026
  5. [5]CARB publishes preliminary list of companies potentially subject to SB 253 and SB 261Harvard Law School Forum on Corporate Governance (secondary, reporting CARB's list) · 12 October 2025
  6. [6]Chamber of Commerce v. Sanchez, No. 25-5327: order granting injunction pending appeal (SB 261)US Court of Appeals for the Ninth Circuit · 18 November 2025
  7. [7]Climate-related financial risk reports (SB 261) docketCalifornia Air Resources Board
  8. [8]California climate disclosure laws SB 253 and SB 261: where things standJD Supra (secondary) · 5 October 2026
  9. [9]SB 219 (2024), Chapter 766: greenhouse gases, climate corporate accountabilityCalifornia Legislative Information · signed 27 September 2024
  10. [10]SEC proposes rescission of climate-related disclosure rules (Press release 2026-49)US Securities and Exchange Commission · 29 May 2026
  11. [11]Rescission of Climate-Related Disclosure Rules (Release 33-11421)Federal Register · 3 June 2026
  12. [12]New York S9072A: Climate Corporate Data Accountability ActNew York State Assembly · bill status
  13. [13]New Jersey S679 (reported from Senate committee)New Jersey Legislature · 12 February 2026
  14. [14]Illinois HB3673: bill statusIllinois General Assembly
  15. [15]US state climate disclosure trackerOneStop ESG (secondary) · 24 July 2026