Back to Resource Hub
    Guide
    ESG Reporting

    SB 261 Explained: California's Climate-Related Financial Risk Report (2026 Status)

    SB 261 requires US companies with more than $500 million in annual revenue that do business in California to publish a climate-related financial risk report every two years, using TCFD or ISSB. The first reports were due 1 January 2026, but a Ninth Circuit injunction has paused enforcement since November 2025.

    Last updated 2 November 2026 · By Ella Sustainability Team

    Get started

    What is SB 261?

    SB 261, the Climate-Related Financial Risk Act, is a California law passed in 2023 alongside SB 253. It requires large companies to publish a report on their climate-related financial risks and the measures they are taking to reduce and adapt to them. Where SB 253 is about numbers (Scope 1, 2 and 3 emissions), SB 261 is about narrative: governance, strategy, risk management and targets. Like SB 253, it covers private as well as public companies.

    Who has to report under SB 261?

    A company is in scope if it: 1. Is a business entity formed under US federal or state law 2. Has total annual revenue above $500 million 3. Does business in California 4. Is not an insurance company CARB's Initial Regulation uses one applicability framework for SB 253 and SB 261, including the revenue test based on the lesser of the two prior fiscal years. The report can be prepared at consolidated parent company level, and a subsidiary that qualifies on its own does not need a separate report if its parent covers it.

    SB 261 requirements at a glance

    The table summarises the main requirements in the statute and their current status.
    SB 261 requirements at a glance
    RequirementWhat it meansStatus
    Climate-related financial risk reportDisclose climate-related financial risks and the measures taken to reduce and adapt to themRequired every two years
    FrameworkTCFD recommendations, or ISSB (IFRS S2) or an equivalent frameworkComply or explain any gaps
    PublicationMake the report available on your own websiteEach reporting cycle
    First deadlineOriginally 1 January 2026Paused by Ninth Circuit injunction; no new date set
    ConsolidationReport can be prepared at parent company levelAllowed
    Annual feeSeparate SB 261 fee under CARB's Initial RegulationNotices by 10 December each year
    Maximum penaltyAdministrative penalty for non-complianceUp to $50,000 per reporting year

    The Ninth Circuit injunction: where SB 261 stands in November 2026

    On 18 November 2025 the US Court of Appeals for the Ninth Circuit granted an injunction blocking enforcement of SB 261 while a legal challenge is heard. It does not affect SB 253. Oral argument took place on 9 January 2026, and as of mid-October 2026 law firm updates still described SB 261 as paused. CARB has said it will not enforce SB 261 while the injunction remains in effect, and that it will set an alternate reporting date once the appeal is decided. Its Initial Regulation, effective 12 October 2026, does not set an SB 261 deadline. CARB opened a voluntary docket in December 2025, and around 100 companies had submitted reports by late January 2026. Our view: treat the pause as extra preparation time, not a reprieve. If the injunction lifts, the deadline could follow quickly, and the content overlaps heavily with what customers, lenders and CDP already ask for.

    What goes into an SB 261 report

    Using the TCFD structure, a report typically covers four areas: 1. Governance: board and management oversight of climate-related risks 2. Strategy: the physical and transition risks and opportunities you face, over short, medium and long term horizons 3. Risk management: how you identify, assess and manage those risks 4. Metrics and targets: the measures you track, usually including Scope 1, 2 and 3 emissions and any reduction targets The metrics section is where SB 261 and SB 253 meet. A company in scope of both will want one emissions data set feeding both reports, plus CDP and customer questionnaires.

    How to prepare for SB 261

    A practical sequence for companies with no report yet: 1. Confirm scope with legal, including the California business test and parent-level reporting 2. Run a climate risk and materiality assessment covering physical and transition risks 3. Document governance: who on the board and in management owns climate risk 4. Build or update your Scope 1, 2 and 3 inventory as the metrics base 5. Draft against TCFD or IFRS S2 and record any gaps you will explain 6. Agree who signs off and where the report will be published

    How Ella helps with SB 261 and SB 253

    Ella is AI-native ESG software built as an agent. Its carbon module collects the emissions data both laws rely on, tagging it by entity, chasing the people who hold bills and invoices and keeping a source on every number. Its ESG reporting and materiality modules help draft the climate risk narrative from that same data set, with expert support from Ella's team. One collection effort then serves SB 253, SB 261, CDP and customer questionnaires.

    How Ella helps

    Related resources

    Guide
    Carbon

    SB 253 Explained: California's Climate Disclosure Law for Scope 1, 2 and 3 Emissions (2026)

    SB 253 requires US public and private companies with more than $1 billion in annual revenue that do business in California to report Scope 1 and 2 emissions each year, then Scope 3 from 2027, using the GHG Protocol. The first Scope 1 and 2 reports are due by 10 November 2026.

    Guide
    Carbon

    Scope 1 and 2 emissions explained: definitions, examples and how to calculate them

    Scope 1 emissions come from sources your company owns or controls, such as gas boilers, company vehicles and refrigerant leaks. Scope 2 emissions come from the electricity, heat, steam or cooling you buy. You calculate both by multiplying activity data, like kWh or litres, by an emission factor, then report Scope 2 two ways: location-based and market-based.

    Guide
    Carbon

    CDP reporting explained: how scoring works and why the data is the hard part

    CDP reporting means answering CDP's annual environmental questionnaire, usually because an investor or a large customer asked you to. Responses are scored from D- to A across four levels. In the 2026 cycle the scoring deadline was 16 September, and final responses close in the week commencing 26 October.

    Compare
    ESG Reporting

    Best ESG Software in 2026: 11 Platforms Compared

    The best ESG software depends on who is asking you for data. Workiva and Sweep suit enterprises filing CSRD or ISSB reports. Watershed and Persefoni suit carbon-heavy enterprises. Ella suits sustainability teams handling EcoVadis, CDP, SECR and customer requests: AI-native ESG software that collects, cleans and reports your data for you.

    Frequently Asked Questions

    What is SB 261?

    SB 261, the Climate-Related Financial Risk Act, is a California law requiring US companies with more than $500 million in annual revenue that do business in California to publish a climate-related financial risk report every two years.

    Is SB 261 in effect?

    SB 261 is law, but its enforcement has been paused since 18 November 2025 by a Ninth Circuit injunction pending appeal. CARB has said it will not enforce SB 261 while the injunction stands and will set a new reporting date afterwards.

    What is the SB 261 penalty?

    Administrative penalties are capped at $50,000 per reporting year under the statute.

    What framework should an SB 261 report use?

    The statute points to the TCFD recommendations, and also accepts reports prepared under ISSB standards (IFRS S2) or an equivalent framework. Companies must explain any gaps in their disclosure.

    Can a parent company file one SB 261 report for its subsidiaries?

    Yes. The report can be prepared at the consolidated parent company level, and a subsidiary that qualifies on its own does not need to publish a separate report.

    What is the difference between SB 253 and SB 261?

    SB 253 requires annual reporting of Scope 1, 2 and 3 emissions for companies above $1 billion in revenue. SB 261 requires a biennial climate-related financial risk report for companies above $500 million. SB 253 is not affected by the injunction.

    Should we just pay the SB 261 fine instead of reporting?

    The $50,000 cap can look cheaper than compliance, but the data and governance work behind an SB 261 report also feeds SB 253, CDP, customer RFPs and lender requests. Most companies will need that work regardless.

    What software helps with SB 261?

    ESG reporting software such as Ella collects the emissions and risk data, supports a climate risk and materiality assessment and drafts disclosures against TCFD or IFRS S2 from one audit-ready data set.

    Book a demo with our team

    Speak to our team about how Ella can help your organisation.