ARTICLE
24 February 2022

Will SB 260 Result In Expensive, Inaccurate And Duplicative Disclosures?

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Allen Matkins Leck Gamble Mallory & Natsis LLP

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Allen Matkins Leck Gamble Mallory & Natsis LLP logo
Allen Matkins, founded in 1977, is a California-based law firm with more than 200 attorneys in four major metropolitan areas of California: Los Angeles, Orange County, San Diego, and San Francisco. The firm's areas of focus include real estate, construction, land use, environmental and natural resources, corporate and securities, real estate and commercial finance, bankruptcy, restructurings and creditors' rights, joint ventures, and tax; labor and employment, and trials, litigation, risk management, and alternative dispute resolution in all of these areas. For more information about Allen Matkins please visit www.allenmatkins.com.
Last month, I wrote about the potential impact of the enactment of SB 260 (Wiener & Stern) on small businesses.
United States California Corporate/Commercial Law

Last month, I wrote about the potential impact of the enactment of SB 260 (Wiener & Stern) on small businesses.  See  Will California's Proposed Corporate Climate Accountability Act Harrow Small Businesses?  The Senate passed the bill on a 23 to 7 vote and it is now being considered by the Assembly.  In a recent post, Professor Stephen Bainbridge raises three significant potential issues with respect to mandating scope 3 emissions - cost, accuracy and duplication. 

SB 260 defines "scope 3 emissions" as indirect greenhouse emissions (other than electricity that is purchased and used) that arise from "activities of a reporting entity that stem from sources that the reporting entity does not own or directly control and may include, but are not limited to, emissions associated with the reporting entity's supply chain, business travel, employee commutes, procurement, waste, and water usage, regardless of location".  Large companies that would be subject to SB 260 are likely to have thousands of companies in their supply chains.  Some of these may themselves be quite large while others may very small. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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