California’s new disclosure rules could give cover to SEC

13 October 2023

Elizabeth Pfeuti

California’s governor has passed new legislation requiring corporations to disclose their scope 3 carbon emissions ahead of new disclosure rules from the Securities and Exchange Commission (SEC).
EU regulation

California’s new disclosure rules could give cover to SEC 

October 13th, 2023

California’s governor has passed new legislation requiring corporations to disclose their scope 3 carbon emissions ahead of new disclosure rules from the Securities and Exchange Commission (SEC).

Governor Gavin Newsom signed Senate Bill No. 253 into law, which will require regulators to introduce mandatory disclosure requirements targeting scope 3 emissions, emissions generated by their supply chain and customers.

Under the new rules, public and private companies with annual revenue exceeding $1 billion must begin disclosing their scope 3 emissions by 2027.

Scope 3 emission disclosures have drawn criticism from some sectors, including the fossil fuel industry, who claim they are difficult to track, and that monitoring imposes a financial burden on businesses.

A report by Politico suggested the new Californian law could give the SEC cover to include scope 3 emissions in its disclosure rules, set to be released later this month, despite potential political backlash.

Reuters reported that SEC chair Gary Gensler that the Californian law “may change the baseline” for disclosure reporting in testimony to the House Financial Services Committee.

He said: “If those companies were reporting to California, then it would be in essence less costly because they’d already be producing that information.”

Initial rules proposed by the SEC in 2022 did not include private companies, and only required scope 3 emissions if they were material or if the company had set greenhouse gas emissions targets or goals including scope 3 emissions.

The SEC could struggle to tighten these rules despite the precedent set in California’s law, as anti-ESG sentiment in the US increases.

In July, North Carolina signed an anti-ESG bill into law prohibiting state agencies and state pension plan fiduciaries from considering ESG measures when making investment decisions.

Latest News

SHareholder meeting

Goldman Sachs secures SEC green light for retail voting programme

SHareholder meeting

Anthropic sets sights on DCSS ahead of high-profile IPO

SHareholder meeting

Australia’s OpenAI breach puts AI governance and board oversight under scrutiny

SHareholder meeting

Microsoft commits to continue fielding shareholder proposals through 2027 AGM

SHareholder meeting

UK MPs urge government to reframe energy transition around economic and security benefits

SHareholder meeting

Sustainability reporting requirements boost climate-related financial disclosures, ASIC says

Featured Briefings

Minerva Briefing

Global IPOs: Growth, governance and risk

Minerva Briefing

Shareholder Proposal Voting Trends 2026 H1

Minerva Briefing

Virtual-Only AGMs

Minerva is a global provider of sustainable stewardship solutions with over 30 years of expertise. Minerva empowers investors by providing essential tools, including ESG research and data and expert insights, enabling them to navigate the intricate and ever-evolving landscape of stewardship and proxy voting, whilst ensuring their decisions are well-informed and aligned with sustainable principles.

Related Stories

Sustainability reporting requirements boost climate-related financial disclosures, ASIC says

September 23, 2026
Read More
US SEC moves to rescind Rule 14a-8

US SEC moves to rescind Rule 14a-8, risks damaging shareholder proposal process

September 17, 2026
Read More
FRC

FRC’s new regulatory approach signals a shift from rule-making to market stewardship

September 4, 2026
Read More
Shein lists in Hong Kong at reduced valuation after protracted IPO journey

Shein lists in Hong Kong at reduced valuation after protracted IPO journey

September 2, 2026
Read More
Democratic attorneys general defend credit ratings agencies against anti-ESG pressure

Democratic attorneys general defend credit ratings agencies against anti-ESG pressure

August 28, 2026
Read More
Australia consults on climate disclosure rollback

Australia consults on climate disclosure rollback

August 27, 2026
Read More