Further to last week’s report, the Society participated in CARB’s August 21 virtual public workshop on SB 253 and SB 261, as amended by SB 219, specifically requesting that the criteria for “doing business in California” — a foundational definition under SB 253 and SB 261 — include not only registration under Section 191 of the General Corporation Law, but also a California-specific business income threshold for companies located outside of California, so that CARB can ensure a strong nexus exists between the state’s interests and the climate reporting requirements. See the workshop’s slide presentation and these summaries from Cooley, Fenwick, Ropes & Gray, Sullivan & Cromwell, and Vinson & Elkins.
In response to statements made by CARB staff at the workshop regarding the near-term publication of a list of companies that CARB would deem to be in scope of SB 253 and SB 261, the Society submitted this letter to CARB earlier this week requesting it refrain from publishing such a list - at least until the completion of the rulemaking process dedicated to public feedback and written comments. The Society also plans to submit a member-informed supplemental comment letter on a variety of topics on or before September 11 that refines and builds on our prior position paper, comment letter, and associated materials previously shared with CARB, as noted below:
According to the workshop slides, CARB plans to issue a Notice of Proposed Rulemaking on the proposed implementation fees in mid-October, which will be accompanied by a 45-day comment period.
If you are interested in participating in the Society’s CARB working group and have not already expressed a desire to do so, please contact Randi Morrison.
This post first appeared in the weekly Society Alert!