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California Assembly Bill (AB 2446)

California Assembly Bill (AB 2446): Packaging EPR in the United States: How State Laws Are Redefining Producer Responsibility

Maílis Carrilho
Written by Maílis Carrilho
Updated on December 4th, 2025

Summary

AB 2446 requires that new residential buildings of 5+ units and non-residential buildings over a size threshold submit life-cycle assessments (LCAs) or Environmental Product Declarations (EPDs) for their construction materials, enabling measurement and reduction of embodied carbon. California aims for a 40% reduction in carbon intensity by 2035 (relative to 2020), with a possible ambition for 80% by 2045. The law is enacted; final measurement frameworks are due by mid-2025 under CARB. Once active, AB 2446 will make embodied carbon reporting and compliance a structural requirement for large construction projects, pushing builders toward low-carbon materials and sustainable procurement.

Details

Jurisdictions
  • California
Exemptions

AB 2446 imposes binding obligations on new construction projects meeting size thresholds in California.

Obligations include:

Perform a life-cycle assessment (LCA) of construction and material carbon intensity (product stage + construction phases).

For each project meeting threshold, include an Environmental Product Declaration (EPD, Type III) or equivalent verified LCA for building materials used.

Comply with the carbon-intensity reduction trajectory established by the statewide framework once adopted.

Exceptions:

Projects below the size thresholds — i.e. small residential developments (<5 units) or small non-residential buildings (<10,000 sq ft) — are not subject to the LCA / EPD requirement under AB 2446.

The law allows a framework-design period; until CARB publishes the official measurement and reporting methodology (due July 2025), compliance may follow interim guidance or preparatory best-practice assessments.

Deep dive

3 min read
Updated Dec 4, 2025

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What’s Required

  • Establish a framework to measure and reduce the carbon intensity of materials used in new building construction in California (residential and non-residential).

  • For new residential developments of 5 or more units, or new non-residential buildings over a threshold (e.g., 10,000 sq ft), require submission of a life-cycle assessment (LCA) covering product stage + construction phases (materials, energy use, waste) or an Environmental Product Declaration (Type III EPD) for the building materials used.

  • Use the framework to set a baseline (2020) for carbon intensity, and track reductions in subsequent projects.

Important Deadlines

  • AB 2446 was signed into law in 2022.

  • The state agency California Air Resources Board (CARB) must develop and publish the measurement & reporting framework by July 1, 2025.

  • The law sets a target of a 40% net reduction in the carbon intensity of building materials by 2035, relative to the 2020 baseline.

  • For a larger ambition, the law aims for an 80% net reduction by 2045, with interim goals: 20% reduction by 2030 and 40% by 2035 (per one version of the proposal).

Current Status

  • AB 2446 is fully enacted (signed into law in 2022).

  • As of 2025, CARB is actively working on the required framework to define baseline, LCA methodologies, EPD requirements, and reporting mechanisms.

  • The law shifts California’s building and construction sector toward embodied-carbon measurement, aligning with broader climate and sustainability goals for buildings.

Penalties for Non-Compliance

  • The statute itself does not specify detailed penalty amounts; compliance obligations are structural (framework, reporting, LCA/EPD) rather than fee-based.

  • Projects failing to provide required LCA/EPD data when required may be subject to regulatory refusal or delays in permitting, once the framework is active.

  • Non-compliance could affect eligibility for state building permits or public procurement contracts that reference embodied-carbon compliance.

Examples of Known Violations

  • As of 2025, no publicly documented enforcement actions or sanctions under AB 2446 are available, the framework is still being developed, and the first LCA/EPD requirements have not yet come into force.

  • Stakeholders anticipate that the first compliance obligations will begin after CARB issues the formal guidelines in 2025–2026.

Resources


Maílis Carrilho
Added by:
Maílis Carrilho
Sustainability Research Analyst
Maílis Carrilho is a Sustainability Research Analyst (Intern) at Net Zero Compare, contributing research and analysis on climate tech, carbon policies, and sustainable solutions. She supports the team in developing fact-based content and insights to help companies and readers navigate the evolving sustainability landscape.
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Added on Dec 3, 2025 by Maílis Carrilho · Updated on Dec 4, 2025