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California Legislature Sends Bills to Governor to Set Smoke Remediation Standards

A governor’s signature would require state toxic and air agencies to write science-based rules for testing, cleanup and when homes are safe to reoccupy while insurers would be required to cover testing costs and temporary housing.

Jane Lawton Potelle, founder of survivor advocacy group Eaton Fire Residents United, works from her makeshift office in a rented unit. She and her family haven't been able to move home to their smoke-tainted home since the fires.

Overview

  • The Legislature passed AB 1642 and AB 1795 on Monday and sent them to Gov. Gavin Newsom, who has until Sept. 30 to sign them into law.
  • AB 1642 directs the Department of Toxic Substances Control and the Air Resources Board to develop science-based standards for testing, removing contaminants such as lead and asbestos, and declaring a home safe to return to.
  • AB 1795 would require insurers to pay for chemical testing and cover temporary living expenses for homes inside or partly inside a fire perimeter and to presume soot, ash or char came from the wildfire unless the insurer proves otherwise.
  • Survivors say the bills respond to long displacement and disputes after the Eaton and Palisades fires, where resident testing found lingering lead, asbestos and other toxins even after remediation, leaving many people living in hotels or rentals.
  • If signed, the laws would set agency deadlines for rulemaking (DTSC guidance on lead and asbestos by Dec. 31, 2028 and on other contaminants by Dec. 31, 2029) and could reshape insurer practices, spark regulatory rulemaking and influence other states weighing similar standards.