California is moving toward establishing the nation’s first comprehensive standards for assessing and remediating smoke damage in structures affected by wildfires. The initiative stems from the January 2025 Los Angeles County fires, which destroyed more than 16,000 structures and generated widespread smoke damage across the region. According to the state Insurance Department, more than 13,000 of approximately 40,000 claims filed involved smoke damage, highlighting the scale of the problem facing survivors.
Two complementary pieces of legislation are awaiting the governor’s signature to address this gap. Assembly Bill 1642, authored by Assemblymember John Harabedian, would establish testing and remediation standards for smoke-damaged properties. Assembly Bill 1795, authored by Assemblymember Mike Gipson, would require insurance companies to comply with these standards. Both bills must be signed into law by the end of the month to take effect, as each depends on the other. The Department of Toxic Substances Control would be required to develop standards for lead and asbestos testing by the end of 2028, with standards for additional contaminants such as heavy metals, cyanide and lithium to follow by the end of 2029.
The legislation has been prompted by widespread frustration among fire survivors whose homes survived the fires but remain uninhabitable due to smoke contamination. Many residents have encountered significant delays and denials from insurance companies regarding environmental testing and cleanup reimbursement. The state Insurance Department has investigated major insurers, including State Farm and the FAIR Plan, accusing them of delaying and denying smoke-damage claims. Los Angeles County recently sued State Farm, alleging the company denied environmental testing requests and sent contractors using inadequate cleaning methods.
Survivors have reported being unable to return to their homes for extended periods while navigating disputes with insurers over the scope and cost of remediation. Some have paid thousands of dollars out of pocket for environmental testing that insurers subsequently refused to reimburse. Survivor advocates have emphasized that standardized guidelines would provide clarity and fairness in claims processing, preventing individuals from bearing the burden of determining what constitutes safe living conditions after wildfire exposure.
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