California lawmakers have passed two bills directing state agencies to develop science-based standards for testing and cleaning wildfire-contaminated homes and schools. The measures also would require insurers to cover chemical testing and temporary living expenses for qualifying properties, addressing problems reported by survivors of the 2025 Eaton and Palisades fires.
Key Takeaways
- California lawmakers passed AB 1642 and AB 1795 on Monday night.
- AB 1642 directs the Department of Toxic Substances Control to develop standards for lead, asbestos and other wildfire contamination.
- AB 1795 would require insurers to cover chemical testing and temporary living expenses for qualifying properties.
- Gov. Gavin Newsom has until Sept. 30 to sign the bills.
- The legislation follows concerns from wildfire survivors over inconsistent testing and remediation coverage.
California Lawmakers Pass Two Wildfire Smoke Damage Bills
The California Legislature passed two bills that would create statewide requirements for addressing California wildfire smoke damage in homes and schools that remain standing after fires. The measures direct state agencies to establish science-based standards for identifying and removing contaminants left by wildfire smoke, ash and debris.
The legislation consists of Assembly Bill 1642, authored by Assembly Member John Harabedian, D-Pasadena, and Assembly Bill 1795, authored by Assembly Member Mike Gipson, D-Carson. Both bills passed the Legislature Monday night and were sent to Gov. Gavin Newsom.
The measures address properties that survive a wildfire but may remain contaminated. During the January 2025 Eaton and Palisades fires, roughly half of the homes inside the designated fire perimeter were left standing, according to the reported legislation. Some of those properties sustained smoke damage despite remaining structurally intact.
The legislation follows concerns about the financial and housing consequences of wildfire damage. California homeowners in fire-prone areas have also faced higher insurance costs and challenges obtaining adequate coverage, issues previously examined in reporting on wildfire housing and insurance pressures.
Newsom has until Sept. 30 to decide whether to sign the bills into law. If enacted, the measures would create responsibilities for state agencies and insurers that are intended to provide more consistent procedures for testing and remediating wildfire-contaminated properties.
The legislation followed complaints from wildfire survivors who said insurers did not consistently cover the testing and remediation needed to determine whether surviving homes were safe to occupy. The issue also affects businesses located in fire-affected areas and schools near wildfire zones.
AB 1642 Sets Standards for Testing and Remediation
AB 1642 directs the California Department of Toxic Substances Control to develop regulatory standards for detecting and removing lead and asbestos associated with wildfire contamination. The department would work with other state agencies as it develops the standards.
The bill sets a deadline of the end of 2028 for standards addressing lead and asbestos. By the end of 2029, the department would also be required to publish standards covering additional types of contamination, including beryllium.
The proposed requirements address a technical gap faced by property owners after fires. Homes that remain standing can contain airborne pollutants and residues even when the structures themselves have not burned.
Testing can determine the presence of contaminants inside affected properties. The legislation seeks to establish consistent standards for both identifying those substances and determining appropriate remediation procedures.
The California Department of Toxic Substances Control would therefore have a central role in developing the state’s framework. The process would also involve consultation with other agencies and scientific expertise.
Francois Tissot, a geochemistry professor at the California Institute of Technology, testified in support of AB 1642 and has researched the chemistry of wildfire smoke following the fires. His research found that strong winds can carry particles containing heavy metals such as lead several miles downwind from a fire.
Tissot’s research also concerns questions about the chemical form in which lead travels and its effects on the body. The research is part of a scientific effort to understand how wildfire smoke and its contaminants move beyond areas immediately affected by flames.
The bill is intended to place scientific standards at the center of decisions about testing and cleaning properties after wildfires. It also establishes specific deadlines for state agencies to develop those standards.
AB 1795 Expands Insurance Coverage for Smoke Damage
AB 1795 addresses the insurance costs associated with wildfire contamination. The bill would require insurance companies to pay for chemical testing and temporary living expenses for homes located in ZIP codes that are fully or partially within a designated fire perimeter.
The legislation would also establish a presumption concerning smoke, ash, soot and char found inside qualifying homes. Insurers would be required to assume that the material resulted from the wildfire unless they could establish otherwise.
The insurance provisions respond to disputes over who should pay for testing properties that remain standing after a wildfire. Survivors reported difficulty obtaining consistent coverage for tests used to identify lead, asbestos and other contaminants.
The legislation also addresses temporary housing expenses. Residents whose homes cannot safely be occupied could receive coverage for temporary living costs under the proposed requirements, subject to the conditions established by the bill.
Insurance costs have also become a consideration for California school districts, with wildfire exposure contributing to higher property and liability coverage expenses in some areas. Those pressures have added to existing district budget demands, as reported in California school insurance costs.
The reported legislation follows a period in which some survivors remained in hotels or rental housing because of concerns about contamination inside their homes. Others returned to properties without certainty about whether smoke and ash residues had been completely removed.
Insurance industry representatives have said implementation will require standards based on credible scientific methods and technical expertise. The proposed system would therefore connect insurance obligations with the scientific standards developed by state agencies.
AB 1795 was sponsored by California Insurance Commissioner Ricardo Lara. Lara described the legislation as placing health and safety first and said wildfire survivors should not have to fight insurers to determine whether their homes are safe for their families.
Wildfire Survivors Seek Clearer Safety Standards for Homes
Wildfire survivors were among the groups advocating for the legislation after the Eaton and Palisades fires. Jane Lawton Potelle, an Eaton Fire survivor and founder of Eaton Fire Residents United, supported the bills after experiencing the difficulties associated with a smoke-contaminated home.
Potelle’s family was still unable to return to its home after the fire because of smoke contamination, according to the reported account. Her organization collected testing results from residents whose homes contained soot and ash after the disaster.
Those tests identified a range of substances, including some that can be toxic or carcinogenic. Some contaminants remained after insurance-funded cleaning, according to the survivor group.
The experience exposed differences in how smoke contamination was assessed and paid for. Survivors reported that insurers did not uniformly cover upfront testing needed to identify contaminants inside homes.
The reported legislation follows earlier disputes over testing methods and responsibility for cleanup. In some cases, insurers hired experts whose reports attributed soot and ash to sources such as candles or fireplaces rather than the wildfire.
AB 1642 and AB 1795 address different parts of that problem. The first establishes a framework for state standards governing contamination detection and remediation. The second establishes insurance requirements for testing and temporary living expenses in qualifying areas.
The bills also apply beyond individual homeowners. Businesses affected by wildfire contamination and schools near affected areas could face similar questions about indoor safety and cleanup requirements.
California has also adopted other wildfire-related measures affecting residents and communities. A separate 2026 law package included changes involving schools, housing and consumer protections, illustrating the range of state legislation that can affect communities after laws are enacted. The broader legislative changes are detailed in California’s new 2026 laws.
State Agencies Face New Standards Development Deadlines
If signed into law, AB 1642 would give the Department of Toxic Substances Control specific deadlines for developing wildfire contamination standards. Lead and asbestos standards would be due by the end of 2028, followed by standards for other contaminants by the end of 2029.
The legislation identifies beryllium among the additional contaminants that would be addressed. The standards would cover methods for detecting and removing contamination associated with wildfire exposure.
Scientific research would form part of the work required to establish those standards. Tissot and other researchers are continuing to study the movement and chemical characteristics of wildfire smoke, including the transport of heavy metals beyond fire perimeters.
AB 1795 would establish a related insurance framework if enacted. Insurers would have obligations involving chemical testing and temporary living expenses for qualifying properties within designated fire perimeters.
The two bills therefore assign separate responsibilities to state regulators and insurance companies. State agencies would develop technical standards, while insurers would be required to cover specified costs under the conditions established by AB 1795.
The legislation still requires the governor’s approval before those provisions can become law. Newsom’s signing deadline is Sept. 30.
Frequently Asked Questions
What is California’s new wildfire smoke damage legislation?
The legislation consists of AB 1642 and AB 1795. Together, the bills would establish state standards for wildfire contamination testing and remediation and create insurance requirements for chemical testing and temporary living expenses in qualifying areas.
What does AB 1642 require for wildfire-damaged homes?
AB 1642 directs the California Department of Toxic Substances Control to develop standards for detecting and removing lead and asbestos associated with wildfire contamination. Standards for those contaminants would be due by the end of 2028, with additional contamination standards due by the end of 2029.
What would AB 1795 require California insurers to cover?
AB 1795 would require insurers to cover chemical testing and temporary living expenses for qualifying homes in ZIP codes fully or partially within designated fire perimeters. It would also establish a presumption that smoke, ash, soot and char inside those homes came from the wildfire unless the insurer could prove otherwise.
When could California’s wildfire smoke standards take effect?
The bills must first be signed by Gov. Gavin Newsom. He has until Sept. 30 to act on the legislation.
Which agency would develop California’s smoke damage standards?
The California Department of Toxic Substances Control would lead development of the standards under AB 1642, consulting with other state agencies. The bill sets separate deadlines for standards covering lead and asbestos and additional contaminants.
