California clears US-first smoke law
California lawmakers have advanced a groundbreaking Smoke Damage Recovery Act, AB 1795, which could become the first enforceable smoke-related law in the United States. This legislation, authored by Assemblymember Mike Gipson and sponsored by Insurance Commissioner Ricardo Lara, aims to establish a science-based framework for investigating and restoring homes damaged by wildfire smoke.
Currently, California lacks any enforceable statewide standards for dealing with smoke-damaged homes after a wildfire. AB 1795 would mandate insurers to adhere to public health standards for testing, remediation, and restoration. This bill is critical for survivors, as it requires insurers to adhere to health and safety guidelines when determining whether a home is safe to return to.
Furthermore, AB 1795 establishes a rebuttable presumption that smoke damage in a residential property within a wildfire impact zone is caused by the wildfire, reducing uncertainty for survivors. It also holds insurers accountable for the costs associated with testing and sampling to determine safe restoration requirements, rather than placing this burden on the homeowner.
Timeline requirements dictate that insurers must inspect a smoke-damaged property within 30 days of receiving a claim notice or gaining access to the property. Repair estimates must restore the property to its pre-loss condition while meeting health and safety standards. The law also protects a survivor's right to choose the vendor or contractor for restoration, mandates training and certification for adjusters handling wildfire smoke claims, and includes worker safety provisions.
While the bill specifically targets wildfires, it also responds to the Lineage Logistics warehouse fire in Boyle Heights by addressing gaps in insurance coverage, emergency response, and community recovery. The Department of Insurance and CalOES will evaluate these gaps and recommend protections for homeowners, renters, businesses, and communities affected by future smoke contamination events.
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