California Wildfire Smoke Damage Asbestos Testing Law
Executive Summary
On September 15, 2026, California enacted two linked laws on wildfire smoke damage to homes: AB 1642, the Wildfire Environmental Safety and Testing Act, and AB 1795, the Smoke Damage Recovery Act.[1][2] Each one becomes operative only if the other takes effect, so they work as a single package.[1][2]
AB 1642 sets the standard a smoke-damaged home will have to meet to be cleared for people to live in it again, for wildfire-caused lead and asbestos. From January 1, 2027 until state regulations are adopted, the home must be evaluated for asbestos and remediated and restored in compliance with California's workplace asbestos standard and the federal asbestos emission standard.[1] AB 1795 ties insurance claims to that standard. An insurer must cover the sampling and testing needed to restore the home and clear it for occupancy, and may not end additional living expense coverage until the home is restored and cleared.[2]
The Department of Insurance estimates that more than 13,000 of the roughly 40,000 insurance claims filed after the January 2025 fires involve smoke damage to homes that never burned.[3] Both laws take effect on January 1, 2027, and none of their requirements applies before then.[4]
At a Glance
| Question | Answer |
|---|---|
| What are the laws? | AB 1642 (Harabedian), the Wildfire Environmental Safety and Testing Act, and AB 1795 (Gipson), the Smoke Damage Recovery Act[1][2] |
| When were they signed? | September 15, 2026[1][2] |
| When do they take effect? | January 1, 2027[4] |
| Which homes? | Residential property in a "wildfire impact zone": a ZIP Code within or partially within the fire perimeter[2] |
| What does the insurer pay for? | The sampling and testing necessary to restore the home and clear it for occupancy, under the state's rules and subject to the policy's terms[2] |
| How long do living expenses continue? | Until the home is restored to preloss condition and cleared for human occupancy, subject to the policy limit[2] |
| What asbestos standard applies until new rules exist? | California's asbestos standard (8 CCR 1529) and the federal asbestos NESHAP (40 CFR Part 61, Subpart M), or any more stringent standard[1] |
| Who picks the restoration contractor? | The policyholder has the right to select the vendor or contractor[2] |
Key Facts
| Provision | Where it is |
|---|---|
| Interim asbestos clearance standard: Cal/OSHA asbestos standard (8 CCR 1529) and federal asbestos NESHAP (40 CFR Part 61, Subpart M) | Health and Safety Code 25402.3, added by AB 1642[1] |
| DTSC regulations on lead and asbestos testing, remediation and restoration, due December 31, 2028 | Health and Safety Code 25402.4, added by AB 1642[1] |
| Air Resources Board guidance on indoor air after residential smoke damage, due December 31, 2028 | Health and Safety Code 25402.5, added by AB 1642[1] |
| Rebuttable presumption that smoke residue in a surviving home in the impact zone came from the wildfire | Insurance Code 2060.1, added by AB 1795[2] |
| Insurer covers necessary sampling and testing; 30-day inspection and payment deadlines | Insurance Code 2060.2, added by AB 1795[2] |
| Training and certification for insurance adjusters and public adjusters, due July 1, 2029 | Insurance Code 14048 and 15009.2, added by AB 1795[2] |
| Cal/OSHA proposal on protecting workers who restore smoke- or fire-damaged homes, due July 1, 2029 | Labor Code 6713, added by AB 1795[2] |
Why Do Wildfire Smoke Laws Deal With Asbestos?
When a wildfire reaches a neighborhood, the smoke and ash that settle inside surviving homes can carry contaminants from burned buildings. AB 1642's own findings say wildfires expose Californians "to hazardous smoke, ash, debris, and toxic contamination that pose serious short- and long-term health risks," and that residents are often compelled to return home "without adequate environmental testing, remediation, or health-based standards."[1]
The governor's office described the package as creating "the state's first protections for testing, remediation, and restoration of lead and asbestos contamination from wildfire smoke, for homes within a fire's zip codes."[3] Asbestos was used in many building materials for decades. For background on where it is found in houses, see Asbestos in the Home.
What Standard Must a Smoke-Damaged Home Meet for Asbestos?
AB 1642 adds a new chapter on wildfire contamination to the Health and Safety Code. From January 1, 2027, until the permanent regulations and guidance are in place, Section 25402.3 sets the standard for "determining clearance for human occupancy for residential properties located within a wildfire impact zone," for wildfire-caused lead and asbestos remediation only.[1]
For asbestos, the property "shall be evaluated for asbestos and remediated and restored in compliance with" the California asbestos standard in Section 1529 of Title 8 of the California Code of Regulations and the federal National Emission Standards for Hazardous Air Pollutants for asbestos (40 CFR Part 61, Subpart M), "or any more stringent applicable standard."[1]
The Department of Toxic Substances Control must then, by December 31, 2028 and after a public workshop, adopt regulations on lead and asbestos testing, remediation and restoration after a wildfire. These are to include tables of screening levels for lead and asbestos in soil, air and wipe samples, and sampling procedures for indoor surfaces, contents and outdoor soils.[1] Standards adopted under that section "shall be no less stringent than those in other applicable state or federal law."[1]
What Must an Insurer Pay For?
AB 1795 adds Section 2060.2 to the Insurance Code. It applies to covered smoke damage claims within the wildfire impact zone under residential property insurance policies.[2] Its central rule: "An insurer shall be responsible for covering the cost of the sampling and testing that is necessary to restore a damaged property to its preloss condition and render it cleared for human occupancy." That sampling and testing must follow the regulations or guidance issued under Sections 25402.4 and 25402.5 of the Health and Safety Code, "subject to the terms and provisions of the policy."[2]
The governor's office summarized the package as requiring insurers "to pay for lead and asbestos testing and remediation in smoke-damaged homes within a wildfire zone."[3] The statute itself is narrower in its wording. The testing duty is tied to the state's regulations and guidance and to the policy's terms, and restoration payments are owed "up to the applicable policy limits."[2]
Section 2060.2 also sets deadlines:[2]
- If the insurer chooses to inspect, it must do so as soon as practicable and no later than 30 calendar days after notice of the claim, or 30 days after access is granted if the government restricts access.
- Unless the policyholder lets the insurer or its contractor do the restoration, the insurer must pay the actual cash value of the undisputed cost to restore damaged personal property within 30 calendar days of the inspection.
- Under a replacement-cost policy, the undisputed replacement cost to restore the home and clear it for occupancy is due within 30 calendar days after restoration is completed, up to the policy limits.
- Late payments accrue interest under Insurance Code Section 2057.
The policyholder "shall have the right to select the vendor or contractor to perform the restoration of the property," and if a claim is settled on an estimate prepared by or for the insurer, the insurer must give the claimant a copy of each document the settlement is based on.[2]
How Long Do Additional Living Expenses Continue?
Under new Insurance Code Section 2060.1, an insurer "shall not terminate coverage for additional living expenses for a covered smoke damage claim" for a property in the wildfire impact zone "until the property has been restored to preloss condition and cleared for human occupancy," under the interim standard in Section 25402.3 or the later regulations and guidance, subject to the applicable policy limit.[2]
The same section creates a rebuttable presumption that if wildfire smoke, ash, soot, char or combustion byproducts are present in a surviving home in the wildfire impact zone after a wildfire, the smoke damage is the result of that wildfire.[2]
Once a home has been restored and cleared, "the claim shall not be reopened due to recontamination." A recontamination claim is treated as a new claim, subject to the policy and a new deductible.[2]
When Do the Laws Take Effect, and Which Claims Do They Cover?
Both bills were approved by the Governor and filed with the Secretary of State on September 15, 2026.[1][2] Under the California Constitution, a statute enacted at a regular session "shall go into effect on January 1 next following a 90-day period from the date of enactment of the statute," which makes the effective date January 1, 2027.[4]
Section 2060.2, the insurer testing and payment section, states that it "applies to all residential property insurance claims that occur on or after the operative date of this section."[2] Whether and how that language reaches claims from fires before 2027, including the January 2025 fires, is a question for a lawyer looking at a specific policy and claim. This page does not answer it.
Several parts are not yet written. DTSC's lead and asbestos regulations and the Air Resources Board's indoor-air guidance are due by December 31, 2028. The adjuster training programs and the Cal/OSHA worker-protection proposal are due by July 1, 2029.[1][2]
What This Means for Homeowners
For a family with a smoke-damaged house in a California wildfire zone, these laws do two things. They name a standard for asbestos clearance, so the question of whether it is safe to go back in has a defined test. And they connect that test to the insurance claim: to the testing the insurer covers, and to how long living expenses continue.[1][2]
Asbestos testing and removal is work for licensed professionals. Section 2060.2 requires any vendor or contractor the insurer hires or refers for smoke damage work to hold the license, training and certification the state requires.[2] Do not disturb suspected asbestos debris yourself.
If you were exposed to asbestos and have since been diagnosed with mesothelioma or another asbestos-related disease, that is a separate legal question from a smoke damage claim.
Frequently Asked Questions
Does my insurer have to pay for asbestos testing after a California wildfire? For a covered smoke damage claim in a wildfire impact zone, Insurance Code Section 2060.2 makes the insurer responsible for "the cost of the sampling and testing that is necessary to restore a damaged property to its preloss condition and render it cleared for human occupancy," following the state's regulations and guidance and subject to the policy's terms.[2]
What is a wildfire impact zone? A ZIP Code within or partially within the fire perimeter, as mapped by the Department of Forestry and Fire Protection.[2]
Can my insurer stop paying additional living expenses before my home is tested and cleaned? Not for a covered smoke damage claim in the impact zone. The insurer may not end that coverage until the home is restored to preloss condition and cleared for human occupancy, subject to the policy limit.[2]
What asbestos standard will apply when the laws take effect? From January 1, 2027, until DTSC adopts its regulations, a home must be evaluated for asbestos and remediated in compliance with California's asbestos standard (8 CCR 1529) and the federal asbestos NESHAP (40 CFR Part 61, Subpart M), or any more stringent applicable standard.[1]
When do these laws start? January 1, 2027.[4] The permanent DTSC regulations are due by December 31, 2028.[1]
Can I choose my own restoration contractor? Yes. Section 2060.2 gives the policyholder "the right to select the vendor or contractor to perform the restoration of the property."[2]
Related Pages
External Links
The following resources offer additional information for homeowners and families.
- Danziger & De Llano, mesothelioma legal help: national asbestos and mesothelioma law firm with information on asbestos exposure and legal options for patients and families.
- California Legislative Information: AB 1642: bill status, history and text.
- California Legislative Information: AB 1795: bill status, history and text.
References
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 AB-1642 Wildfires: contamination standards (chaptered text), California Legislature, 2025-2026 Regular Session. Approved by Governor September 15, 2026.
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 AB-1795 Smoke Damage Recovery Act (chaptered text), California Legislature, 2025-2026 Regular Session. Approved by Governor September 15, 2026.
- ↑ 3.0 3.1 3.2 Governor Newsom signs wildfire recovery package to strengthen protections and focus on rebuilding for survivors, Office of Governor Gavin Newsom, September 15, 2026.
- ↑ 4.0 4.1 4.2 4.3 California Constitution, Article IV, Section 8, California Legislative Information.