SB 253 vs SB 261: Key Differences Explained

sb 253 vs sb 261

Table Of Contents

Why Compare SB 253 and SB 261?

California passed SB 253 and SB 261 together as part of its broader Climate Accountability Package. The two laws target different kinds of disclosure, but both aim to make corporate climate risk more transparent, consistent, and investor-grade.

If your business is affected by one, it may very well be affected by the other. Understanding how these laws differ—and where they intersect—is critical to preparing your teams, timelines, and tools.

At a Glance: SB 253 vs SB 261

CategorySB 253SB 261
Primary FocusGreenhouse gas emissions disclosureClimate-related financial risk disclosure
ThresholdRevenue > $1 billionRevenue > $500 million
FrequencyAnnuallyBiennially
Start Year2026 (Scope 1 & 2), 2027 (Scope 3)2026
Key StandardGreenhouse Gas ProtocolTCFD (Task Force on Climate-related Financial Disclosures)
Assurance RequirementYes (third-party audit)No (self-published)
Applies to Private Companies?YesYes
Reporting FormatFiled to emissions reporting platformPublished on company’s website
Penalty Cap$500,000/year$50,000/year

What SB 253 Requires

SB 253, or the Climate Corporate Data Accountability Act, requires large companies to disclose their full greenhouse gas emissions footprint—Scopes 1, 2, and 3.

  • Scope 1: Direct emissions
  • Scope 2: Indirect emissions from purchased energy
  • Scope 3: All other indirect emissions, such as supply chain, product use, commuting, etc.

These disclosures must follow the GHG Protocol and be submitted through a state-designated platform, with third-party assurance required starting in 2026 for Scopes 1 and 2, and in 2030 for Scope 3.

What SB 261 Requires

SB 261 focuses on climate-related financial risks. Companies must disclose:

  • The risks climate change poses to their operations, supply chains, assets, and financial outcomes
  • What steps they are taking to reduce or adapt to those risks

Reports must follow the TCFD framework or an equivalent disclosure standard and be published on the company’s own website, not submitted to a central database.

No third-party audit or assurance is required, though incomplete reports must explain the gaps and outline steps toward full disclosure.

Who Needs to Comply with Each Law

Company TypeSB 253SB 261
Public Companies
Private Companies
Global Companies with CA Operations
Insurance Companies❌ (Exempt from SB 261)
Companies under $500M Revenue

Important: Both laws apply to any company “doing business in California,” regardless of where it is headquartered.

Timelines and Reporting Frequency

SB 253 Timeline:

  • 2025: CARB adopts final regulations
  • 2026: Scope 1 and 2 emissions reporting begins
  • 2027: Scope 3 emissions reporting begins
  • 2030: Reasonable assurance begins for Scope 1 & 2; limited assurance for Scope 3

SB 261 Timeline:

  • 2026: First report due (Jan 1)
  • 2028, 2030, etc.: Reports required every two years

Reporting Standards and Formats

RequirementSB 253SB 261
StandardGreenhouse Gas ProtocolTCFD or IFRS S2
FormatNumeric emissions inventoryNarrative risk assessment
DeliverySubmit to emissions platformPublish on company’s website
ScopeOperations + value chain (Scope 1–3)Financial and operational risk exposure

SB 253 measures quantitative emissions.
SB 261 describes qualitative risks and strategic responses.

Both matter, and both require different teams (ESG, legal, finance, operations) to coordinate internally.

Penalties for Non-Compliance

Penalty TypeSB 253SB 261
Maximum Annual Fine$500,000$50,000
Trigger EventsNon-filing, late filing, misstatementsFailure to publish, insufficient report
Safe HarborGood-faith Scope 3 estimates protected (until 2030)Gaps allowed if explained with roadmap

California’s enforcement approach focuses on timely and transparent disclosure, not perfection. But companies that ignore the requirements altogether will face significant financial and reputational risk.

Do These Laws Overlap?

Yes, but they serve complementary purposes.

  • SB 253 answers: What are your emissions?
  • SB 261 asks: How will climate risk affect your business?

One focuses on data. The other focuses on strategy.

Together, they create a dual lens—what your impact is on the climate (emissions), and how climate change impacts you (financial risk).

If you’re already preparing for one, building capacity for the other is a natural next step.

Preparing for SB 253 and SB 261?

Sprih helps companies:

  • Collect and verify Scope 1, 2, 3 data
  • Align with GHG Protocol and TCFD
  • Simplify internal coordination across sustainability, finance, and compliance
  • Publish investor-grade reports that meet California’s climate standards

FAQs

What is the difference between SB 253 and SB 261?

SB 253 requires companies to disclose their full greenhouse gas emissions footprint—Scopes 1, 2, and 3—based on the GHG Protocol. SB 261 requires companies to report on climate-related financial risks using the TCFD framework. One is about emissions data, the other is about risk strategy.

Can a company be required to comply with both?

Yes. If your company has over $1 billion in revenue and does business in California, you must comply with both SB 253 and SB 261. Companies with revenue between $500 million and $1 billion are only subject to SB 261.

Do these laws apply to non-California companies?

Yes. Any company “doing business in California”—regardless of where it’s headquartered—is in scope. That includes international firms with operations or customers in the state.

Are small or medium businesses affected?

No. SB 253 applies to companies with more than $1 billion in annual revenue. SB 261 applies to those with more than $500 million. Smaller companies are not required to comply under either law—at least for now.

Is assurance required for both laws?

No. SB 253 requires third-party assurance for Scope 1 and 2 emissions starting in 2026, and for Scope 3 starting in 2030. SB 261 does not require assurance, but companies must publish complete and clear risk reports aligned with TCFD or equivalent standards.

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