California
Businesses Must Determine Before 2025 If They Fall Under California Climate Reporting Law
California State Capitol building with state flag in Sacramento on a windy summer day with clear sky
In 2023, California approved the Climate Accountability Package, a pair of bills aimed at creating climate reporting requirements. Reporting is set to begin in 2026 for data collected during 2025. Companies need to determine now if they are required to report and establish the processes to collect the data. However, delays in drafting the standards and ambiguous language are making it difficult for businesses to determine if they qualify.
The Rise of Climate Reporting
California’s climate reporting regulation is part of a global movement to require companies to disclose their greenhouse gas emissions, climate policies, and to evaluate climate risks. Driven by the net zero 2050 goal of the Paris Agreement, jurisdictions around the world are looking to reduce GHG emissions.
The European Union has been leading the way with the Corporate Sustainability Reporting Directive. Initially adopted in 2022, the CSRD requires climate and environmental, social, and governance reporting by most companies that operate within the EU. Reporting for large companies began in 2024. Reporting for non-EU companies and small and medium-sized enterprises has been delayed to 2026.
In the U.S., the Securities and Exchange Commission adopted a Climate-Risk Disclosure Rule in early 2024, only to delay implementation while it faced legal challenges. California and other states are moving forward with their own reporting requirements.
California’s Climate Accountability Package established the broad parameters for the reporting standards. The responsibility of drafting specific regulations and implementing the reporting standards was delegated to the California Air Resources Board. CARB was initially given until January 1, 2025 to draft the rules and processes. In September, the Legislature extended the deadline by six months to July 1.
The original legislation states that CARB shall develop and adopt regulations requiring for the reporting entity’s prior fiscal year.” Meaning, while the reporting does not take place until 2026, the data is from 2025. Businesses must determine before January 1, 2025 if they qualify as a reporting entity so they can begin collecting the required information.
Reporting requirements are divided into two categories, based on the total annual revenue of the company. Unlike the SEC, the California reporting requirements apply to both publicly traded and privately held companies. Only U.S. companies will have to report.
Reporting Entities
The highest level of reporting is required of large companies. Senate Bill 253 required companies who do business in California and have an excess of $1 billion in revenue, defined as “reporting entities”, to submit an annual report for Scope 1 and Scope 2 starting in 2026. Scope 3 reporting will begin in 2027.
Generally, Scope 1 GHG emissions are those that come directly from the company. Scope 2 are indirect GHG emissions from the company’s power source. Scope 3 are GHG emissions from the value chain, both from suppliers and consumers.
Scope 3 has been highly debated as it is considered by the business community as being overly burdensome. When the SEC implemented their rule, they chose to not require Scope 3. The EU requires it.
Covered Entities
Senate Bill 261 required companies who do business in California and an excess of $500 million in revenue, defined as “covered entities”, to submit a biennial climate-related financial risk report.
Climate risk is defined as “material risk of harm to immediate and long-term financial outcomes due to physical and transition risks, including, but not limited to, risks to corporate operations, provision of goods and services, supply chains, employee health and safety, capital and financial investments, institutional investments, financial standing of loan recipients and borrowers, shareholder value, consumer demand, and financial markets and economic health.”
This is a much lower requirement as it does not include any level of GHG emission reporting.
What Classifies As “Doing Business in California”?
In the development and interpretation of law, words matter. Codes, ordinances, laws, and regulations typically begin with a list of definitions of key terms. Frequently, those definitions are prefaced with the phrase “for purposes of this section.” This allows lawmakers to define a term for limited use in that section of the law preventing new legislation from negatively impacting established law. Definitions bring clarity, allowing those subjected to the law, regulators, attorneys, and judges to know the exact intent of the lawmakers.
In the Climate Accountability Package, the phrases “covered entity” and “reporting entity” are both defined in their respective sections. The only notable distinction between the definitions is the annual revenue threshold. Both include the phrase “that does business in California.”
While the dollar amount thresholds are clear, there is a question as to what classifies as “doing business” in California. The definition varies by section of the state code and by state agency. The Climate Accountability Package amended the state’s Health and Safety Code, that does not have a definition of doing business.
Presumably, CARB will provide a clear definition when they release the standards in July. However, companies will need to determine by January 1 if they need to collect data. In the interim, there are two key definitions that help provide some guidance.
California Corporations Code
Section 191 (a) of the California Corporations Code gives a definition of “entering into repeated and successive transactions of its business in this state, other than interstate or foreign commerce.” However, that definition is for the phrase “transact intrastate business” and is only for “the purposes of Chapter 21”, requiring registration with the Secretary of State.
Notably, “a foreign corporation shall not be considered to be transacting intrastate business merely because its subsidiary transacts intrastate business.” This leaves raises a question as to if a subsidiary can trigger reporting by the parent company. The 2024 amendment clarified that a subsidiary does not have to file separate from the parent company, but did not address this question.
California Revenue and Taxation Code
Article 1, Section 23101(a) of the California Revenue and Taxation Code gives a definition of “doing business.” The California Franchise Tax Board interprets the definition to mean meeting one of five conditions. The board updates the dollar thresholds annually. A company is considered doing business in California if
- The company is “actively engaging in any transaction for the purpose of financial or pecuniary gain or profit”;
- The company is “organized or commercially domiciled” in the state;
- The company has annual sales in California exceed the lower of $711,538 or 25% of the company’s total sales;
- The company has real property or tangible personal property in California exceeds the lower of $71,154 or 25% of the company’s total; or
- The company has payroll compensation in California exceeds the lower of $71,154 or 25% of the company’s total payroll.
The Struggle For Businesses
While there will likely be a delay in implementing California’s climate reporting requirements, companies have to decided soon how to respond. The choice comes with a hefty price tag. The SEC estimated compliance with their rule would cost a company approximately $1 million the first year. There is no reason to think California’s will be any different. As a result, companies are faced with a difficult decision – move forward with costly programs or hope for a delay.
There are a lot of unanswered questions while CARB drafts the climate reporting standards. However, given the current timeline, companies need to act now to evaluate if they meet the minimums and get their process in place by January 1.
California
What you should know about the $351.7 billion state budget Newsom just signed
SACRAMENTO — Gov. Gavin Newsom on Monday signed his final state budget as governor, a $351.7-billion spending plan that seeks to uplift the poorest Californians through a tax system reliant on the stock market gains of the wealthy.
In a video message, Newsom extolled free school meals, universal transitional kindergarten, 130,000 subsidized childcare slots and other accomplishments in his tenure at the state Capitol, a period in state history marked by a dramatic expansion of state government and over $100 billion in increased spending.
“Over the past eight years, we built great things for the people of California — some of the boldest actions any government in this country has taken in a generation,” Newsom said. “And we did this without breaking the bank. We did this by design.”
The agreement ends weeks of lobbying by outside interests and negotiations among lawmakers and the governor at the state Capitol about how to handle a surge of income tax collected on stock market gains related to artificial intelligence.
Economists have warned that the revenue bump is potentially temporary and analysts say the growth in state spending could leave California in a challenging position if the economy declines.
Assemblymember David Tangipa (R-Fresno) agreed with Democrats that the budget is “compassionate.”
“My fear is that it’s not too much of a competent budget, and the budget continues a pattern that Californians know all too well: Spend now, justify it later, and hope somebody else pays the bill,” he said during a floor debate Monday.
Here’s what you need to know about the spending plan, which takes effect July 1.
Who decides the state budget?
The simplest answer is: Democrats. California voters have elected Democrats to represent 30 of the 40 seats in the Senate and 60 seats of the 80 seats in the Assembly. The budget was passed through a majority vote in each house of the Legislature and signed by Gov. Gavin Newsom, also a Democrat.
A more complex answer is that the budget is a product of dozens of legislative hearings, millions of dollars spent on lobbying by outside interests, talks among lawmakers and the governor and ultimately subject to the same political dynamics that rule the Democratic party.
Senate President Pro Tem Monique Limón (D-Goleta) and Assembly Speaker Robert Rivas (D-Hollister), in consultation with the chairs of the budget committees, represent their Democratic caucuses and reach a final agreement on the details of the spending plan with Newsom. In reality, staff members for the three parties handle most, if not all, of the back of forth negotiations to get there.
Union leaders seeking better pay, working conditions, benefits for workers and opportunities to expand their ranks are often brought in to consult or hammer out thorny deals as business groups try to fight off more regulations, taxes and costs, and support policies that increase their financial performance.
Democrats are spending more than ever before. How is that possible?
The Legislative Analyst’s Office, the nonpartisan fiscal advisor for lawmakers, recently examined the increase in state spending since 2019-20, Newsom’s first full year in office.
Between the budget approved that year and the spending proposal Newsom unveiled in January, spending from the state’s main operating fund had grown by over $100 billion, or 70%. That was largely by a 60% increase in revenue during that time. California typically operates with a spending deficit because Democrats spend more money than the state brings in.
The LAO found that the increase in spending stemmed from the growing cost of sustaining programs and services that were already in place when Newsom took office. About 30% of the remaining spending growth was categorized as new, either by newly created programs or the expansion of existing services.
Among the report’s conclusions: California could not afford the programs that predated Newsom and the ones he and the Legislature adopted.
To balance the budget over the last few years, Newsom and lawmakers have dipped into the state’s reserves at a time when California is experiencing strong revenue growth, which the LAO has cautioned against. Democrats have also increased taxes on businesses, paid for programs out of other funds and suspended reserve deposits among other solutions.
This year, the state budget places $6.4 billion in higher than expected revenue into a temporary holding account to knock down a deficit and balance the budget through 2027-28.
Democrats are pursuing a change to the state constitution on the November ballot that would allow them to set aside more money in years of good revenue growth to prevent cuts in future downturns.
Where is the money going?
Education and Medi-Cal are the two largest costs for the state.
Medi-Cal is the state’s version of subsidized health insurance for low-income Californians and provides medical, dental and vision care for an estimated 14.5 million people, or about one-third of the state population.
The federal government pays for more than half of the cost of the program. California is expected to spend about $50 billion from the general fund next year out of a total estimated at more than $220 billion in costs shared between the state and federal government, according to the LAO. State taxes and fees on providers also help fund Medi-Cal.
Overall, Medi-Cal costs more than any other state program and takes up about 40% of total spending, including federal funds the state receives, according to the LAO.
Spending on Medi-Cal has more than doubled over the last 10 years, which the LAO attributes to an increase in costs per enrollee, more enrollees and a greater share of seniors seeking care, among other factors.
Under Newsom, California has expanded Medi-Cal, including offering coverage to include all immigrants regardless of their immigration status, which the governor said has dropped the state’s uninsured rate down to 5.9%
The cost of Medi-Cal has grown beyond what Democrats expected and resulted in Newsom suggesting spending cuts.
The final budget agreement rejects a call by Newsom to lower the asset limit to $2,000 now and instead lowers it to $21,000 in 2027-28 to be eligible for Medi-Cal. The Legislature also delayed the governor’s proposal to reduce dental coverage and shift asylum seekers and other immigrants to restricted scope Medi-Cal, according to Jason Sisney, the lead budget advisor for the Assembly who posts about the budget on Substack.
The budget includes Newsom’s proposal to shift enrollees with unsatisfactory immigration status, a term that includes undocumented immigrants and others, from managed care to fee-for-service to save costs.
Under Proposition 98, approved by voters in 1988, California has a minimum funding guarantee for schools and community colleges and dedicates roughly 40% of general fund revenue to education.
Sisney said the budget increases the Local Control Funding Formula by $2.2 billion and provides historic general fund per pupil spending of $21,148. Support for special education also grew by $1.8 billion.
The California Community Schools Partnership Program received a $1-billion boost and Democrats directed $2.8 million in additional funding to the program that provides free meals for school children.
The budget also establishes 22,770 new slots for free or reduced childcare, which Newsom had proposed decreasing.
California
Suspected Northern California library shooter charged with murder, faces life in prison
OROVILLE — Bradley Scott Sayer was charged with two counts of first-degree murder and discharge of firearm with injury during his arraignment Thursday at the Butte County Superior Court.
Sayer, 18, is the suspect in the Chico library shooting on Monday in which two men were killed, and he could face life in prison. If convicted, Sayer is facing the highest penalty for capital murder with special circumstances, which would be life in prison without the possibility of parole. Butte County District Attorney Mike Ramsey, who is the prosecutor of the case, said the court is not seeking the death penalty.
Sayer was not given bail, as Ramsey said the court felt Sayer was “too dangerous.” Ramsey also said Sayer is on suicide watch in at the Butte County Jail.
“We felt that it would be too dangerous to let him go at this juncture,” Ramsey said. “He planned a mass shooting, and there’s no reason to believe that if he was let go, that he wouldn’t continue to do that.”
Sayer was staying at his father’s house, who was out of town, the day of the shooting, according to Ramsey. He then went to the closet in his father’s room and took two .22 caliber rifles and a 20-gauge shotgun, as well as several boxes of “No. 3 birdshot shells” before leaving for the library.
Sayer will appear in court next at 8:30 a.m. July 16 at the Butte County Superior Court, where he is expected to enter a plea. He is being represented by Roberto Marquez as retained counsel.
Autopsies
The Chico Police Department released a final update regarding the shooting case. The Butte County Sheriff’s Office completed the autopsies of both Jacob Cody Hull and Robert Johnson.
“The autopsies were completed; results indicate that both victims died as result of gunshot wounds. The wounds are consistent with a shotgun being used. The decedents will be turned over to their families who will be making funeral arrangements. The suspect remains in custody at the Butte County Jail being held in isolation,” Butte County Sheriff Kory Honea said.
California
CA state senator physically, verbally harassed at pride parade for Israel stance | The Jerusalem Post
California State Senator Scott Wiener was harassed for his stance on Gaza during the San Francisco Trans March on Friday, to the point where it was no longer safe for him to remain, Wiener said.
A group of people were so “physically and verbally aggressive that it was impossible for me to safely remain in the park,” Wiener stated, adding that this was the first time he did not participate in the march.
Wiener was surrounded by people who made statements about his “Israeli handlers, among many other inaccurate, extreme, and vile statements,” Wiener said.
“We f***ing hate you. You stopped being queer the moment you started supporting Israel,” one person yelled in a video later shared on social media.
Wiener stated that while he has no objection to anyone disagreeing, opposing, or protesting him, the “harassment, including cornering me, touching me, or trying to physically bully me out of a public event, that crosses a line.”
“In San Francisco, we’re better than that,” he added.
Mayor Daniel Lurie made a statement on X/Twitter condemning the harassment, calling the language used “targeted, hateful, and antisemitic.”
In San Francisco, we welcome disagreement and respectful dialogue around issues many of us feel passionately about – but we cannot allow harassment and threats of violence,” Lurie wrote.
The California State Senate Democratic Caucus also released a statement on X, condemning the hate Wiener received.
“The harassment and violence shown from yesterday’s march in San Francisco towards Senator Scott Wiener is unacceptable and must be called out,” the statement read.
The caucus also pointed to Wiener’s work on legislation “advancing the rights and protections for Transgender, Gender Expansive and Intersex people.”
“The CA Senate Democratic Caucus and CA LGBTQ Caucus jointly denounce the verbal harassment and attacks he experienced,” the statement said.
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