Under existing law, it is unlawful for a person to make an untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. A violation of this requirement is a misdemeanor.

This bill would establish a defense to any suit or complaint brought under the above-described provision if the person’s environmental marketing claim is based on the voluntary use of a carbon credit issued by a carbon crediting program that is (1) approved by the State Air Resources Board pursuant to specified regulations, (2) approved by the International Civil Aviation Organization to supply credits for a specified carbon offsetting scheme, or (3) meets other specified criteria. The bill would require the state board, within ____ days of January 1, 2027, to publish and maintain a list of carbon crediting programs that satisfy the criteria set forth in the third category.