One of the hottest topics in corporate sustainability right now is the passing of California’s SB 219. This bill combines what was previously two separate bills (SB 253 and 261), consolidating them into one Corporate Climate Data Accountability Act.

If you follow Green Econome, then you probably read about SB 219 Section 1. The second part of the bill works alongside it, acting as its little brother. As with our previous post, we will discuss who is impacted by it, and what exactly they are expected to do under Section 2.

What’s the Purpose of SB 219 Section 2 and Who Needs to Report?

This bill was prefaced with the following assumptions:

  • Climate change is impacting California’s communities and economy.
  • Global leaders have established that long-term economic strength is dependent on an economy’s ability to withstand climate-related risks.

The state decided to pass SB 219 to improve transparency amongst businesses that operate in California and their preparedness for the impacts of climate-change.

Covered entities are businesses that operate in California and had more than $500 million in revenue in the prior fiscal year. As with Section 1, this revenue figure applies to the entire business, not just the business it does in the state.

Here’s the Specifics of SB 219 Section 2

Covered entities are expected to report in accordance with the framework outlined by the Task Force on Climate-related Financial Disclosures (June 2017). These guidelines ask companies to report on their exposure to climate-related financial risks and what tactics they are implementing to reduce those risks.

The first report will be on or before January 1, 2026 and biennially moving forward. The report must be publicly accessible (via corporate website, or other means).

Additionally, the state board will contract with a climate reporting organization to prepare a report that reviews a subset of the risk reports and analyzes the systemic and sector-wide climate-related financial risks in California.

Additional Points to Consider

For larger businesses, they only need to report on the parent company level. Each of its subsidiaries are not expected to report individually. Also, for any business that is subject to regulation by the Department of Insurance, they are not expected to report. If any covered entity does not complete a report consistent with the required disclosures, they need to complete a report to the best of its ability and provide a detailed explanation for reporting gaps.

What is the Cost to Comply?

Maybe the better question is what is the cost to everyone if companies don’t comply? But as for the law, there are associated fees due when filing the report. While the bill does not define the amount, it specifies that it will be, “an amount adequate to cover the state board’s full costs of administrating and implementing this section”. Any proceeds will go to the Climate-Related Financial Risk Disclosure Fund, which will continuously be appropriated toward purposes of the bill. Failure to report may impose a penalty of up to $50,000 in a reporting year.

How to Prepare

It is essential that businesses work on their data collection immediately and engage with reporting experts. If you are looking to further your emission reductions and save on operating costs, please reach out.

Green Econome, a woman-owned, full-service energy and water efficiency construction and consulting company, has over 20 years of combined experience. We can help explain these complicated tax benefits and make sure your property is getting the most from them. Furthermore, we can recommend solutions that will increase the NOI of your property and increase market value. Feel free to reach out to Green Econome’s founder and CEO, Marika Erdely, at [email protected].

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Let’s be honest, government writing is boring. These bills can be bothersome to read – I would be lying if I said I didn’t have to read it a few times before fully grasping its contents. That being said, SB 219 Section 1 has an interesting framework that will improve transparency for businesses operating in California and their contributions to greenhouse gas emissions 

SB 219 combines what was previously two separate bills (SB 253 and 261), consolidating them into one Corporate Climate Data Accountability Act. In this post we will cover what needs to be reported, who needs to report, and the implications of the SB 219 Section 1.

You should also see our post about SB 219 Section 2, the adjoining senate bill regarding climate-related financial risk. 

What’s the Purpose of SB 219 Section 1 and Who Needs to Report?

The purpose behind this bill is to improve transparency and accountability amongst businesses that operate in California. The state recognizes that climate change poses a threat to companies’ long-term economic success and the value chains they rely on. Thus, emphasizing the importance of companies being transparent about their contributions to greenhouse gas emissions. 

However, this bill does not apply to all businesses across the state. Reporting entities are any businesses (corporations, LLCs, Partnerships, etc.) that operate in California and had more than $1 billion in revenue in the prior fiscal year. This revenue standard applies to the entire business, not only the revenue generated in California. 

Here’s the Specifics of SB 219 Section 1

The California Air Resources Board (CARB) oversees the specific reporting requirements and ensures that the standards are updated as needed in the coming years.  

Although that information has yet to come out, we do know it will focus on three types of emissions: Scope 1, Scope 2, and Scope 3. The first report on Scope 1 and 2 emissions will be due on or before January 1, 2026 and annually thereafter. CARB will set a later deadline for Scope 3 emissions reporting. 

What Needs to be Reported?

Scope Emissions Pyramid

Scope 1 Emissions: 

  • All direct greenhouse gas emissions that stem from sources that a reporting entity owns or directly controls, regardless of location 
  • Including but not limited to fuel combustion activities 

Scope 2 Emissions: 

  • Indirect greenhouse gas emissions from consumed electricity, steam, heating, or cooling purchased or acquired by reporting entity, regardless of location 

Scope 3 Emissions: 

  • Indirect upstream and downstream GHG emissions, other than scope 2 emissions, from sources the entity doesn’t own or control 
  • May include but is not limited to:  
    • Purchased goods or services 
    • Business travel 
    • Employee commutes 
    • Processing and use of sold products 

What is the Timeline?

Additional Points to Consider

In addition to creating and publicly disclosing the reports, reporting entities must also engage with a third-party assurance provider to ensure accurate information. Larger companies are able to report at the parent company level meaning subsidiaries do not need to report individually. 

Upon submission of reports, businesses will also need to pay a fee to CARB that has yet to be set. If they fail to report, the board can distribute fines upwards of $500,000 depending on the case. 

If you are worried about reporting your first cycle, it is worth noting that CARB has issued an Enforcement Discretion Notice. Thus, for the first reporting cycle, reporting entities are only required to report information that they are already tracking at the time of the bill’s passing. 

How to Prepare

It is essential that businesses work on their data collection immediately and engage with reporting experts. Even though the first cycle has been slightly altered, these reports aren’t going anywhere. In fact, they are likely only going to become more extensive.

3 Ways We Can Help With SB 253 Compliance

1. Data Collection, and ENERGY STAR® Benchmarking 

The foundation of SB 253 reporting is in the collection of data and benchmarking energy, water, and waste use. Benchmarking helps you develop a baseline understanding of your property’s performance and prepares your data for reporting. 

2. Third Party Verification 

After collecting all the required data for a report, it must be verified and audited for accuracy and compliance. Green Econome acts as a third-party verification entity by scrubbing data to evaluate and verify a company’s greenhouse gas emissions. 

3. Consulting

If you are looking to further your emission reductions and save on operating costs, please reach out. Properties and businesses can save immense amounts of money by reducing emissions, lowering operating costs, and setting themselves up to report impressive data. Using the data collected, Green Econome can consult and provide businesses with strategic plans to increase efficiency and reach its savings goals.  

Green Econome, a woman-owned, full-service energy and water efficiency construction and consulting company, has over 20 years of combined experience. We can help explain these complicated tax benefits and make sure your property is getting the most from them. Furthermore, we can recommend solutions that will increase the NOI of your property and increase market value. Feel free to reach out to Green Econome’s founder and CEO, Marika Erdely, at [email protected]. 

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Here at Green Econome, we’ve been at the forefront of ESG (Environmental, Social, Governance) reporting, eagerly anticipating the U.S. Securities and Exchange Commission (SEC) ruling on mandatory disclosures for public companies. Fundamentally, ESG is a way of doing business. Green Econome lives in the world of the “E”, the “Environmental” with our ENERGY STAR® benchmarking and energy and water efficiency services. While we recognize that the “S” and the “G” are equally important for businesses to report on, we are going to focus on the “E” and how that relates to the SEC’s new ruling. Let’s get into it.

Unpacking the SEC Climate-Related Disclosures

What are public companies required to report and how does that intersect with commercial real estate? On March 6, 2024, the SEC passed legislation requiring public companies to measure their Scope 1 and 2 emissions as part of their annual reporting and include how climate risk will affect their businesses in the near future. This ruling is meant to enhance and standardize climate-related disclosures. The SEC also included a materiality clause to help guide businesses as to what to report. Although, it’s important to note that since March, there has been intense business opposition. But let’s get to the bottom line here: what are Scope 1 and Scope 2 emissions and why do we need to report on them?

Defining Scope 1, 2, and 3 Emissions

Scope Emissions Pyramid

Basically, Scope 1 is for all direct Greenhouse Gas (GHG) emissions through the combustion of gas in buildings or by the business’ fleet. Scope 2 is indirect emissions for the electricity the business is consuming from the grid. Both emissions are part of the collection of data standard to ENERGY STAR benchmarking. Scope 3, although significant, was not included in the SEC’s ruling.

The ‘E’ in ESG is where Green Econome thrives

We are here to ENERGY STAR Benchmark your portfolio to meet your “E” goals and reduce the operating costs of your building. As a woman-owned, full-service energy and water efficiency construction and consulting company, we have over 20 years of combined experience. We provide accurate benchmarking services and insights to recommend solutions and incentives that will increase the NOI and market value of your property. Let us help you better understand and accomplish your property’s ESG goals to reduce emissions and meet science-based targets (SBTi).

Contact Founder and CEO Marika Erdely
Mobile: 818-681-5750
Email: [email protected]

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