SEC Climate Disclosure Ruling: How Will It Affect Your Company

The recent SEC climate disclosure ruling has set the stage for a transformative shift in corporate reporting. This pivotal development compels companies to unveil their environmental risks and climate impact, signaling a new era of transparency.

In this article, we will delve into the practical implications for your company, exploring how this mandate may influence operations, finances, and investor relations. Understanding the nuances of this ruling is imperative, as it not only aligns with global sustainability goals but also shapes the perception and resilience of businesses in an increasingly eco-conscious market.

What Is the Climate Disclosure Rule?

The climate disclosure rule refers to a proposal by the U.S. Securities and Exchange Commission (SEC) to establish standardized requirements for climate-related disclosures by publicly traded companies. The rule aims to enhance transparency and provide investors with consistent and comparable information regarding how businesses assess, measure, and manage climate-related risks.

What Does the SEC Rules for Climate Change Disclosure?

Amid growing environmental concerns, the SEC’s proposed rules for climate change disclosure bring forth comprehensive reporting requirements. Companies face mandates on GHG emissions, climate risks, and transition plans. Here are the crucial details.

  1. Greenhouse Gas (GHG) Emissions Reporting

Companies must disclose their GHG emissions, including Scopes 1, 2, and 3 emissions, reported to an auditable standard. This comprehensive reporting includes direct emissions (Scope 1), indirect emissions from bought electricity (Scope 2), and additional indirect emissions in the value chain (Scope 3).

  1. Climate-Related Risk Disclosure

Organizations must disclose information about climate-related risks, impacts, targets, and goals. This includes providing insights into how climate change may affect their business operations and financial conditions.

  1. Systematic Management of Offsets and REC’s

The rule proposal mandates the disclosure of how companies systematically manage offsets (activities that reduce or remove GHG emissions) and Renewable Energy Certificates (RECs), which certify the generation of renewable energy.

  1. Articulation and Management of a Transition Plan

Companies would be required to articulate and manage a transition plan, detailing how they plan to adapt their business operations to address climate-related risks and capitalize on opportunities linked to the transition to a low-carbon economy.

  1. Finance-Grade Reporting Aligned with TCFD

The proposed rules align with recommendations from the Task Force on Climate-related Financial Disclosures (TCFD), a global initiative that encourages companies to disclose climate-related information in a consistent manner, enabling investors to make informed decisions.

How Will SEC Climate Disclosure Ruling Affect Your Company

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The impact of the SEC climate disclosure ruling on a specific company would depend on various factors, including the nature of the business, its current practices in climate-related disclosure, and its exposure to climate-related risks. Here are several ways in which the ruling could affect a company:

  • Increased Reporting Requirements: Companies would need to comply with more comprehensive reporting requirements, specifically related to greenhouse gas (GHG) emissions, climate-related risks, impacts, targets, goals, and the systematic management of offsets and Renewable Energy Certificates (RECs).
  • Standardization of Reporting: The rule aims to standardize climate-related disclosures, making it easier for investors and stakeholders to compare information across different companies. Your company may need to adapt its reporting processes to align with the standardized requirements.
  • Enhanced Transparency: The ruling emphasizes transparency in disclosing how businesses assess and manage climate-related risks. This increased transparency could foster trust among investors, customers, and other stakeholders.
  • Strategic Planning for Climate Risks: Companies will be required to articulate and manage a transition plan, outlining how they plan to adapt their business operations to address climate-related risks. This may prompt companies to integrate climate risk considerations into their overall strategic planning.
  • Investor and Stakeholder Relations: The standardized disclosures may provide investors with clearer insights into your company’s exposure to climate-related risks and its preparedness for the transition to a low-carbon economy. This information could impact investor decisions and relationships with other stakeholders.
  • Adoption of TCFD Recommendations: The proposed rules align with the Task Force on Climate-related Financial Disclosures (TCFD) recommendations. Companies may need to adopt TCFD-aligned reporting practices, which focus on providing information related to governance, strategy, risk management, and metrics and targets.
  • Potential Competitive Advantage: Companies that proactively address climate-related risks and provide transparent, comprehensive disclosures may gain a competitive advantage. Investors and consumers are increasingly considering environmental, social, and governance (ESG) factors in their decision-making.
  • Operational Changes: Depending on the findings from the required disclosures, companies might need to make operational changes to reduce their environmental impact and enhance sustainability practices.

Legal and Compliance Implications: Non-compliance with the new rules could have legal and compliance implications for companies. Adhering to the SEC’s climate disclosure requirements would be necessary to avoid potential penalties.

Frequently Asked Questions

What is the timeline for compliance with the SEC climate disclosure ruling?

The SEC climate disclosure rule is anticipated to be finalized by the end of 2023. Reporting is expected to commence in late 2024 or early 2025, covering numbers from 2024 or earlier. A critical plan must be in place by the end of this calendar year.

Will there be an audit or assurance process or requirement for the climate disclosures? 

Yes, accelerated filers are required to undergo an attestation process for Scope 1 and Scope 2 emissions. The level of assurance starts with limited assurance for the first two years and progresses to reasonable assurance from the fourth year onward. Standardized auditing practices for climate disclosures are still evolving during the proposed phase-in period.

How does the proposal address liability?

The proposal treats climate-related disclosures as “filed” with the SEC, heightening liability for misstatements or omissions. Companies may face increased liability if the disclosures are included in registration statements. Forward-looking statement safe harbors are provided, and a unique safe harbor addresses difficulties in quantifying Scope 3 emissions, protecting against fraudulent statements made without a reasonable basis or in bad faith. Engaging a utility auditor ensures comprehensive disclosure accuracy, reducing risks associated with regulatory non-compliance and promoting transparency in environmental reporting.

Final Thoughts

The SEC climate disclosure ruling represents a significant step towards greater corporate transparency on climate-related matters. Companies must prepare for increased reporting obligations, align with standardized requirements, and strategically address climate risks. Embracing these changes not only ensures compliance but also positions businesses to thrive in an era where environmental considerations play a pivotal role in investor decisions and stakeholder relations.
At Applied Utility Auditors, we understand the impact of the SEC climate disclosure ruling on your company. Contact us today and discover how we can help you track energy usage, identify discrepancies, and ensure accurate reporting for a sustainable future

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