California could be first in the nation to create smoke-damage standards
Two smoke-damage bills awaiting the governor’s signature address a longstanding issue brought to the fore by the Los Angeles County fires: When is it safe for wildfire survivors to move back into their homes?
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The fires burned for nearly a month. Debris and emissions contained a mixture of trees, brush and manufactured materials made up of plastics, metals and more — raising concerns about toxic contents left in homes that are still standing but may be dangerous to live in.
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Assembly Bill 1642 will set “a first-in-the-nation standard for testing and remediation,” said Assemblymember John Harabedian, a Pasadena Democrat, about the bill he authored. Remediation is the removal of contaminants or hazards, and fixing possible ill effects.
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Los Angeles County sued State Farm last week, alleging unfair business practices in its handling of claims from the 2025 fires. The lawsuit cited the findings of the insurance department’s investigation, including that the company denied or discouraged requests for environmental testing and refused to reimburse policyholders for testing they paid for themselves. Also among the allegations was that for standing homes, the company sent preferred restoration companies that typically “offered an inadequate and unsafe cleaning method.”
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Gipson’s bill creates a legal presumption that if ash, soot, char or other combustion byproducts are in a standing home after a wildfire, then smoke damage in the property is the result of wildfire for insurance purposes. Also included in the bill: Insurers must inspect properties within 30 days of claims; would be responsible for the cost of testing needed to restore properties to their pre-loss conditions; and cannot stop paying additional living expenses until properties are restored.
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