Upcoming Air Quality Webinars

__________________________

CARB Heavy-Duty Vehicle Inspection and Maintenance Program (Clean Truck Check Program)

June 11th, 2024

_____________________________

CARB Preparing for the Advanced Clean Fleet (ACF) Regulation

June 11th & 12th, 2024

_____________________________

CA Air Permitting Basics

June th & 13th, 2024

_____________________________

& MORE

Subscribe to our Newsletter

Sign up to receive semi-annual updates on various current and proposed environmental issues including air quality, hazardous waste & water, industrial hygiene, and more.

Home / News / Newsfeed / SEC Adopts New Climate Disclosure Rule

SEC Adopts New Climate Disclosure Rule

May 13, 2024
image of a large ship filled with metal shipping containers. Smoke is coming out of the smoke stack on the ship.

*The information presented in this article is based on the SEC Climate Disclosure Rule as of May 13, 2024. Please verify current guidelines and regulations independently.

In a bid to enhance transparency and standardize climate-related disclosures, the U.S. Securities and Exchange Commission (SEC) finalized its amendments to the Climate-Related Disclosures rule on March 6, 2024. This rule is expected to have a significant impact across various industries, including electric services, maritime transportation, steel manufacturing, paper and forest products, oil and gas, and other large sector organizations. As with any new rule of this magnitude, most are expecting litigation on the rule and the requirements.

Overview of the Rule

The Climate-Related Disclosures rule requires publicly traded companies to provide comprehensive disclosures regarding climate-related risks and their financial impacts. This includes disclosures on governance, business strategy, greenhouse gas (GHG) emissions, risk management, and the effects of climate change on financial metrics.

GHG Inventories and Planning

  • Emissions Disclosure – Detailed reporting of GHG emissions, including direct emissions from company-owned sources (Scope 1) and indirect emissions from purchased energy (Scope 2). Scope 3 emissions were not included in the rule language.
  • Climate-Related Targets or Goals – Reporting on specific targets or goals set by the company to address climate change, along with associated efforts to achieve them.
  • Carbon Offsets and Renewable Energy Credits – Reporting on the use of carbon offsets and renewable energy credits as part of the company’s efforts to mitigate its carbon footprint and achieve GHG reduction goals.

Risk Management and Financial Impacts

  • Climate-Related Risks and Impacts – Disclosing potential risks associated with climate change and how these risks may impact company operations and financial standing.
  • Mitigation and Adaptation Activities – Disclosing actions taken to minimize or adapt to climate-related risks, such as implementing renewable energy initiatives or developing resiliency strategies.
  • Board Oversight and Management Role – Describing the role of the Board of Directors in overseeing climate-related risks and involvement in assessing and addressing these risks.
  • Risk Management Processes – Explaining the processes in place to identify, assess, and manage climate-related risks within the company’s operations and supply chain.
  • Financial Impacts of Severe Weather Events – Disclosing the financial effects resulting from severe weather events and other natural conditions, such as hurricanes, floods, or wildfires.

Understanding Emissions Disclosure

For companies required to disclose emissions, understanding the intricacies of emissions disclosure is vital. One of the first requirements is GHG quantification and reporting.  As of the latest update of this article, the rule as currently written requires disclosure of GHG emissions information for a company’s U.S. and international operations.

Scope 1 and Scope 2 Emissions Reporting – For large, accelerated filers (LAFs) and accelerated filers (AFs) that are not otherwise exempted, information about material Scope 1 emissions and/or Scope 2 emissions is required by the rule schedule (see the table below).

  • Scope 1 Emissions – Scope 1 emissions represent direct GHG emissions from sources that are owned or controlled by the company. These typically include emissions from company-owned facilities, such as emissions from combustion processes, on-site transportation, and fugitive emissions.
  • Scope 2 Emissions – Scope 2 emissions refer to indirect GHG emissions associated with the consumption of purchased or acquired electricity, steam, heat, or cooling. These emissions occur because of the generation of purchased energy off-site; however, they are considered indirect emissions attributable to the company’s activities.

Disaggregated Emissions Data – The rule mandates companies to furnish a detailed breakdown of their emissions data, delineating the quantity of each GHG emitted, expressed in terms of carbon dioxide equivalent (CO2e).

Assurance Reports – Certain companies, particularly those with significant emissions, are obligated to obtain assurance reports from external auditors to enhance the reliability and accuracy of emissions disclosure.  These assurance reports provide independent verification of the emissions data, ensuring compliance with reporting standards.

Methodology and Assumptions – Companies are required to describe the methodology, significant inputs, and assumptions used to calculate GHG emissions and metrics. Methodology and assumptions can be thought of as the blueprint and construction materials used when building a house. Just as a blueprint outlines the construction process, companies must describe the methodology and assumptions behind their emission calculations.

Integration with Financial Reporting – Emissions data must be disclosed in conjunction with financial reporting, ensuring alignment with other disclosures in registration statements and annual reports.

What’s Next?

Compliance for the final rule will be phased in per the table below.

Compliance Dates under the Final Rules*
Registrant Type Disclosure and Financial Statement Effects Audit GHG Emissions/Assurance Electronic Tagging
All Reg. S-K and S-X disclosures, other than as noted in this table Item 1502(d)(2), Item 1502(e)(2), and Item 1504(c)(2 Item 1505 (Scopes 1 and 2 GHG emissions) Item 1506 – Limited Assurance Item 1506 Reasonable Assurance Item 1508 Inline XBRL tagging for subpart 1500**
LAFs FYB 2025 FYB 2026 FYB 2026 FYB 2029 FYB 2033 FYB 2026
AFs (other than SRCs and EGCs) FYB 2026 FYB 2027 FYB 2028 FYB 2031 N/A FYB 2026
SRCs, EGCs, and NAFs FYB 2027 FYB 2028 N/A N/A N/A FYB 2027
* As used in this chart, “FYB” refers to any financial year beginning in the calendar year listed.
** Financial statement disclosures under Article 14 will be required to be tagged in accordance with existing rules pertaining to the tagging of financial statements. See Rule 405(b)(1)(i) of Regulation S-T.

Yorke Engineering can assist with your climate disclosure planning and compliance. This year is a good time to prepare corporate procedures and record-keeping to establish GHG inventories. GHG quantification starts in 2025. To learn more about how Yorke Engineering can help your company, please visit our website at www.YorkeEngr.com or click here for the GHG Inventories and Carbon Footprint page on our website:  GHG Inventories and Carbon Footprints.

 

_________________

For more information and detail on the SEC’s Climate Disclosure Rule, please visit the U.S. Securities and Exchange Commission’s website here: SEC.gov | SEC Adopts Rules to Enhance and Standardize Climate-Related Disclosures for Investors

Main Office:

31726 Rancho Viejo Rd. Suite 218
San Juan Capistrano, CA 92675

Skip to content