California enacts the nation’s first-of-its-kind climate disclosure law that requires companies doing business in the state to report on their carbon emissions and climate-related financial risks.
The new corporate climate legislation – SB 253 and SB 261 – covers companies with annual revenues surpassing $1 billion.
This comes as the U.S. Securities and Exchange Commission finalizes its rules that would mandate large companies to disclose their climate-related emissions. But the California laws require climate disclosures beyond what the SEC proposes.
California’s Climate Accountability Package
California Governor Gavin Newsom signed into law two different legislation collectively called the Climate Accountability Package:
Both private and public companies conducting business in the state are covered by the new climate disclosure laws. These include big oil firms like Chevron, tech giants like Apple, Amazon, Disney, Amazon, and 5,300 other corporations.
The new laws are broader than the SEC proposed rules, requiring all registrants, regardless of business size. SB 253 mandates companies to disclose Scope 1 and 2 emissions starting in 2026 and Scope 3 in 2027. They also must also disclose biennial climate-related financial risk and submit it to the California Air Resources Board (CARB) beginning in 2026 under the SB 261.
Governor Newsom said this would encourage them to do business avoiding those risks. This is in accordance with the recommendations of the Task Force on Climate-Related Financial Disclosures (TCFD).
The CARB has to establish a new system for reporting carbon emissions by January 1, 2025. The Board is also managing and overseeing California’s cap-and-trade (carbon credit) program. It sets the declining limit on major sources of greenhouse gas emissions throughout the state, central to meeting its climate goals.
Both laws seek to prevent issues on greenwashing – companies falsely marketing their GHG emission reduction efforts to misled the public. For one of the bills’ proponents, avoiding greenwashing would help investors know better the vulnerabilities of various companies they want to support.
With the enactment of SB 253 and SB 261, California now joins others that introduced climate disclosures, particularly the EU. The EU even requires businesses to report on other things such as their climate transition plan and other sustainability matters.
Recently, the EU adopted the Corporate Sustainability Reporting Directive (CSRD) which addresses non-financial reporting requirements. It aims to ensure that companies report relevant information on their environmental impact as well as the risks related to environmental, social, and governance (ESG) issues.
The Caveats
Supporters said that both laws will make new data public beyond the state’s borders, which would be a game-changer. For an advocate, Hollin Kretzmann, speaking for the Center for Biological Diversity,
“The disclosure requirements would really pull back the curtain on the biggest climate destroyers in the oil industry and make it harder to greenwash.”
However, Governor Newsom said that the new laws came with caveats, noting concerns on reporting deadlines and associated costs.
The climate disclosure laws also faced significant opposition from fossil fuel interests, notably Chevron, Marathon Petroleum, and Western States Petroleum. The California Independent Petroleum Association and the American Chemistry Council also lobbied against the bills.
According to disclosure records, Chevron spent over $1 million in fighting the bill while it cost Western States Petroleum over $2 million.
The opposing interests requested to scrap Scope 3 requirements or weaken the measures. But the Governor hasn’t disclosed intent to do so, but noted to do “some cleanup on some little language”. For subject experts, tweaking the language used to protect big oil business interests can potentially weaken the legislation.
Opponents further claim that the California climate disclosure rules will cause inaccurate reporting and financial burden.
However, there are also strong supporters of the laws from other businesses, alongside environmental advocates. They notably include tech giants Microsoft, Google, Salesforce, and Adobe, as well as Ikea, Patagonia, and Amalgamated Bank.
A Piece of the Net Zero Puzzle
Failing to comply with the new laws will cost covered entities hefty penalties. Under SB 253, administrative fines may not exceed $500,000 in a reporting year. For SB 261 reporting requirements, imposed penalties should not go beyond $50,000.
Once fully enforced, it sets the national standard for climate disclosures and can potentially tackle a company’s entire value chain.
The legislation may face legal challenges when applied and administrative rulemaking process may be time-consuming and controversial. However, pressure strengthens to increase transparency in reporting carbon emissions both at the state and federal levels.
Climate-related disclosures are now a hot topic, not just in the U.S. but other parts of the world as efforts to curb planet-warming emissions intensifies. They are an important piece of the puzzle as the world pushes forward to net zero emissions. California’s Climate Accountability Package ushers in a new era of climate transparency for corporations.
The post California Sets Precedent with New Corporate Climate Disclosure Laws appeared first on Carbon Credits.
Carbon Footprint
Insetting vs Offsetting: Which Actually Counts Toward Your Scope 3 Targets
The accounting differences that decide whether your nature investment shows up in inventory, in BVCM, or nowhere at all.
The question reaches a procurement team about three weeks before the next sustainability committee meeting. Someone has read about insetting. Someone else has just signed off on an offset purchase. The CSO wants to know if the two are interchangeable. The answer is no, and the GHG Protocol Land Sector and Removals Standard is the reason why.
This article walks through what each term means at audit-grade specificity, what the standards actually say about how each gets counted, and how to decide which tool fits which target. The insetting vs offsetting question is one of the most-searched in corporate climate strategy, and one of the most poorly answered. By the end of this piece, you should be able to brief a committee on the difference without notes.
The two definitions, in plain English
Offsetting means buying carbon credits generated outside your value chain and retiring them against your residual emissions. The reduction happens somewhere else, financed by you, and the credit is the receipt.
Insetting means investing in emission reductions or removals inside your own value chain, typically with suppliers, where the reduction is directly linked to the products and services you buy. The reduction happens inside the boundary of your Scope 3 inventory, and the accounting treatment is fundamentally different.
The shorthand from the University of Oxford’s Nature-based Insetting Initiative is useful: insetting is what you do with the supply chain you have; offsetting is what you do with the supply chain you do not have.
What the GHG Protocol Land Sector Standard actually says
The GHG Protocol Land Sector and Removals Standard, finalised in 2024 after a multi-year pilot, sets the rules for how land-based emission reductions and removals enter corporate inventories. The Standard distinguishes between inventory accounting (Scope 1, 2, and 3) and project or intervention accounting (a separate methodology for crediting).
For insetting, the practical implication is that supplier-level interventions, when properly measured and attributed, can reduce your Scope 3 category 1 (purchased goods and services) emissions in your inventory. The reduction is not a credit retired against the inventory; it is a lower inventory number, period.
For offsetting, the credit is retired separately. It can be reported as a contribution toward a net-zero claim under the SBTi Beyond Value Chain Mitigation framework or as part of a VCMI Carbon Integrity claim, but it does not lower the inventory number.
A practical consequence: if your Science Based Target requires a 50% absolute reduction in Scope 3 emissions by 2030, insetting moves you toward the target. Offsetting does not. This single point of difference reshapes the procurement decision.
When insetting counts toward Scope 3 (and when it does not)
Insetting counts toward Scope 3 only when several conditions are met:
- The intervention must occur with an entity in your value chain.
- The emissions reduction or removal must be measured against a defensible baseline.
- The reduction must be attributed to your share of that supplier’s output, not double-counted with other buyers.
- It must follow the inventory accounting rules in the GHG Protocol Land Sector Standard, not the project accounting rules used to generate credits.
The most common failure mode is double counting. If your supplier sells the same reduction as a credit on the voluntary market and also reports it to you as a Scope 3 reduction, the math breaks. The Standard requires you to address this risk, typically by purchasing and retiring the supplier-issued credit as part of your inventory or by contractual provisions that prevent the supplier from selling the reduction twice.
When insetting does not count toward Scope 3: when the intervention sits with a supplier you do not buy from, when the baseline is not defensible, when the attribution is unclear, or when the documentation does not survive audit. Those cases default to Beyond Value Chain Mitigation, which is still useful but operates on a different ledger.
The procurement and supplier engagement question
Insetting is harder than offsetting. That is the unfashionable truth most buyers eventually confront. Offsetting is a transaction; insetting is a relationship.
To run an insetting program, you need supplier mapping precise enough to know which farms or facilities sit at which Scope 3 boundary. You need an engagement model that gets suppliers to participate, which usually requires multi-year commitments and shared economics. You need an MRV architecture that measures the right things and produces audit-ready documentation. And you need a contractual structure that prevents double counting and protects both sides.
The trade-off you receive in return is significant. Reductions count against your inventory rather than your residual. Supplier relationships deepen, which protects sourcing continuity. Yield and quality improvements often follow regenerative interventions, which reduces your input cost over time. And the regulatory file, under CSRD, CSDDD, EUDR, and the SBTi FLAG Guidance, is materially stronger.
Choosing the right tool for the right target
A practical decision rule. If your target is a science-based Scope 3 reduction and you operate in a FLAG sector or source FLAG commodities, insetting is the structurally correct tool. If your target is a net-zero claim that includes neutralising hard-to-abate residual emissions outside your value chain, BVCM via high-integrity offsets is the structurally correct tool. Most companies with material Scope 3 exposure need both, in different proportions, sequenced over time.
The sequencing matters. Insetting takes longer to stand up but produces a permanent reduction in the inventory. Offsetting can be transacted faster but does not change the inventory and now sits under tighter claim restrictions. Treat them as complementary tools with different jobs, not as substitutes. The Accountability Framework Initiative and the IUCN Global Standard for Nature-based Solutions both provide useful guardrails for the insetting side, with biodiversity, human rights, and benefit-sharing requirements that go beyond carbon math.
If you are mapping a Scope 3 reduction roadmap and need to scope which interventions count toward your inventory versus which sit in Beyond Value Chain Mitigation, the carbon and sustainability experts at Carbon Credit Capital can help you structure a nature-based supply chain investment program that fits your FLAG exposure, your target architecture, and your audit horizon. Schedule a consultation.
Carbon Footprint
Net zero needs nature: a carbon credit guide
Net zero is often described as a balancing act: cut what you can, account for the rest, and reach zero on the ledger. That framing is useful, but it leaves something out. It treats every tonne of carbon as interchangeable and every route to zero as equally sound, while the science tells a more specific story.
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Carbon Footprint
Deforestation in Malawi: causes and solutions
Malawi has lost a striking share of its forests over the past three decades. Woodlands that once covered well over a third of the country now cover less than a quarter, and the pressure on what remains is increasing. Behind those figures sit two practical questions: what is driving the loss, and what reverses it?
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