Full Breakdown
California Moves to Set First-Nation Standards for Wildfire Smoke Damage
9/9/2026, 9:26:57 AM
Core Legislative Action
California lawmakers have approved two companion bills that would create statewide standards for testing and remediation of wildfire smoke damage. Assembly Bill 1642 directs the Department of Toxic Substances Control to develop lead- and asbestos-testing protocols by the end of 2028 and to add standards for additional contaminants (heavy metals, cyanide, lithium) by the end of 2029. Assembly Bill 1795 establishes a legal presumption that ash, soot, char or other combustion by-products found in a standing home after a wildfire constitute wildfire-related smoke damage for insurance purposes. The bill also requires insurers to inspect properties within 30 days of a claim, cover the cost of required testing, and continue paying additional living expenses until homes are restored. Both measures must be signed by Governor Gavin Newsom by the end of the month; either bill cannot take effect without the other.
Background & Context
The January 2025 Los Angeles-area wildfires destroyed more than 16,000 structures and burned for nearly a month. The state Insurance Department estimates that over 13,000 of roughly 40,000 property claims involved smoke damage. Survivors whose homes remained standing often found ash, soot and char inside walls, insulation and personal belongings, and many reported lingering odors and health concerns. Without clear testing or remediation standards, homeowners have faced months-long disputes with insurers over whether homes are safe to re-occupy.
Data & Statistics
- 13,000+ insurance claims involved smoke damage (state Insurance Department).
- 20 % of California’s property-insurance market is held by State Farm, a primary defendant in recent litigation.
- Homeowner Kareem Ali paid $3,000 out-of-pocket for environmental testing after State Farm denied the request.
- Homeowner Elisa Jacobs Nixon spent $6,000 on testing that the insurer initially ignored.
Official Statements & Responses
Assemblymember John Harabedian, author of AB 1642, said the legislation is intended to give survivors “clear, science-based standards” for testing and cleanup. Assemblymember Mike Gipson, author of AB 1795, emphasized that the legal presumption will simplify insurance determinations and reduce “back-and-forth” with adjusters.
The California Department of Insurance’s investigation of the 2025 fires led Los Angeles County to file a lawsuit against State Farm, alleging unfair business practices, denial of testing, and the use of “inadequate and unsafe” restoration contractors. State Farm spokesperson Sevag Sarkissian responded that the company “strongly disagrees” with the county’s characterization of its claims handling.
Karen Collins, vice president of the American Property Casualty Insurance Association, noted that the insurance industry is “technically opposed to the bills” but acknowledged that the framework could be useful if the resulting regulations remain “grounded in science.”
Criticism & Opposition
Survivor-advocate Jane Lawton Potelle, founder of Eaton Fire Residents United, cautioned that the standards will not take effect soon enough to help current displaced residents, but she believes the legislation could influence ongoing lawsuits and future settlements.
Verbatim Quotes
- “We were hearing from survivors that they weren’t getting a fair shake from their insurance companies,” — John Harabedian, Assemblymember
- “This has completely hijacked my life, my kids’ lives, it’s just taken over everything,” — Elisa Jacobs Nixon, homeowner
What’s Next
Governor Gavin Newsom must decide whether to sign the bills by the end of September. If signed, California would become the first state with codified standards for wildfire smoke-damage testing, remediation and insurance handling.
