In contracts, a carbon budget sets the total greenhouse gas emissions a party, project or asset is permitted to emit over a defined period, expressed in tonnes of carbon dioxide equivalent (tCO2e). The term is widely used across commercial, construction and outsourcing agreements. Although “carbon budget” is a statutory concept at national level (for example under the UK Climate Change Act 2008 and Ireland’s Climate Action and Low Carbon Development Acts), in private contracts it is a descriptive term and should be expressly defined by the parties.
Typical drafting specifies the baseline and period (e.g. [YEAR–YEAR]), the emissions scopes covered (Scopes 1, 2 and/or 3) and the greenhouse gases included, the measurement methodology and assurance standard (e.g. Greenhouse Gas Protocol, ISO 14064), monitoring, reporting and verification (MRV) requirements and frequency, any allocation into annual caps, adjustment mechanisms for scope change or methodology updates, treatment of renewable energy certificates and offsets/credits, and consequences of exceedance (remedial plans, service credits, liquidated damages or other remedies), including any carry-forward/borrow rules. Usage and interpretation are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.
Carbon Budget means the aggregate of [value] tonnes of carbon dioxide equivalent (tCO2e) of greenhouse gas emissions permitted during [YEAR...