The definition of "
doing business in California" for the state's climate disclosure laws (SB 253 and SB 261) is currently being finalized by the
California Air Resources Board (CARB). Initially, CARB proposed using the state's
Franchise Tax Board definition, which is based on an entity's sales, property, and payroll thresholds in California.
However, following a public workshop on August 21, 2025,
CARB is now exploring a simpler alternative. This new concept would define a company as "
doing business in California" if it is listed on the
Secretary of State's public database as having a designated agent for service of process in the state. This potential change is being considered due to statutory limitations on data sharing with the Franchise Tax Board. The final definition will be determined through the official public rulemaking process.