California is positioning itself as a testing ground for enforceable ESG regulation in the United States, with new climate disclosure rules that could reshape how large retailers approach sustainability reporting. Through Senate Bills 253 and 261, alongside the already effective AB-1305, the state is moving ESG from a largely voluntary exercise into a legally binding compliance requirement backed by defined timelines and oversight.

For retailers operating at scale, these developments signal a fundamental shift. Climate disclosures are no longer framed as best practice or investor relations tools, but as regulatory obligations that intersect directly with finance, risk management, and supply chain operations.

From Voluntary Reporting to Enforceable Disclosure

The proposed rules under the oversight of the California Air Resources Board represent one of the most comprehensive climate disclosure frameworks introduced at the state level. While federal momentum on climate reporting has slowed, California has stepped into the gap with legislation that establishes mandatory requirements for emissions accounting and climate risk assessment.

Senate Bill 253 focuses on greenhouse gas emissions disclosure, while Senate Bill 261 targets climate-related financial risk. Together, they apply to companies doing business in California that exceed specific revenue thresholds, regardless of where those companies are headquartered. This structure effectively captures many of the largest U.S. and multinational retailers.

What sets these laws apart is not only their scope, but their intent. They are designed to embed climate accountability into core corporate reporting, with the expectation that disclosures will become more standardized, auditable, and comparable over time.

Emissions Reporting and Supply Chain Exposure

For retailers, the most significant operational challenge arises from emissions disclosure requirements under SB-253. Companies with annual revenues exceeding $1 billion will be required to publicly report Scope 1 and Scope 2 emissions by August 2026, followed by Scope 3 emissions beginning in 2027.

Scope 3 emissions are particularly consequential for the retail sector. They encompass upstream and downstream activities such as manufacturing, logistics, product use, and end-of-life treatment, areas where retailers often have limited direct control but substantial exposure. Accurately capturing this data requires closer engagement with suppliers, improved data systems, and stronger internal governance.

The alignment of California’s approach with international reporting frameworks means that ESG data can no longer sit in isolated sustainability teams. Emissions reporting must connect to procurement, finance, legal, and risk functions, turning climate disclosure into a cross-enterprise capability.

Read more: UK Regulator Sets Out Plan to Expand Sustainability Reporting Using IFRS-Based Standards from 2027

Climate Risk Disclosure and Legal Uncertainty

Senate Bill 261 extends the regulatory lens beyond emissions to climate-related financial risk. Companies with revenues above $500 million are expected to assess and disclose material risks posed by climate change, along with strategies to mitigate those risks. These disclosures are intended to mirror global practices around climate risk governance and scenario analysis.

However, the path to enforcement remains uncertain. In late 2025, the Ninth Circuit issued a temporary injunction blocking enforcement of SB-253 and SB-261 while legal challenges proceed. California regulators have confirmed that enforcement will not move forward during this period.

Despite the pause, most observers expect companies to continue preparing. The underlying reporting expectations are unlikely to disappear, and legal clarity could arrive with little lead time. For retailers, waiting for final court outcomes before building internal capability may increase long-term compliance risk.

Carbon Claims and Transparency in Marketing

Alongside emissions and risk disclosure, AB-1305 introduces stricter requirements for transparency around carbon offsets and environmental claims. Retailers that market products or operations as carbon-neutral must now provide clear information on how those claims are substantiated.

This raises the bar for green marketing and sustainability messaging. Vague or unverified claims carry greater legal and reputational risk, pushing companies to ensure that environmental assertions are backed by credible data and disclosures.

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California’s Broader Influence on Retail Strategy

California has historically influenced national business practices through regulation, from vehicle emissions standards to data privacy laws. Many companies choose to adopt California-compliant systems across all operations to avoid fragmentation and duplication.

A similar pattern is likely to emerge with ESG reporting. Even though the rules formally apply only to certain companies operating in California, investors, lenders, and other states are likely to view these disclosures as a baseline for credibility. Retailers that align early may find themselves better positioned as expectations rise elsewhere.

This dynamic turns ESG compliance into a strategic decision rather than a narrow regulatory response. Robust data infrastructure, integrated governance, and consistent disclosure practices are becoming essential components of operational resilience.

What Retailers Should Watch in 2026

Regulatory rulemaking is still underway, with public consultations and hearings shaping how compliance and enforcement will function in practice. At the same time, court decisions will determine the timeline for implementation of climate risk and emissions disclosures.

What is already clear is the direction of travel. ESG in retail is moving decisively toward regulation, assurance, and accountability. California’s framework offers an early preview of that future, and retailers that adapt proactively are likely to gain an advantage in transparency, trust, and long-term risk management.

In effect, California is not just setting rules for one state. It is outlining a model that could define how ESG reporting in retail evolves across the United States and beyond.

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