California Law: Homes Safe After Wildfire Smoke

California has established a new, science-based standard to determine when homes affected by wildfire smoke are safe for reoccupation. Governor Gavin Newsom signed Assembly Bill 1642, which addresses the contentious issue of how clean a home must be after sustaining damage from toxic smoke. This legislation aims to resolve disputes between homeowners and insurance companies that have arisen due to the lack of uniform statewide standards.

The new law mandates that California's Department of Toxic Substances Control develop testing and removal standards for smoke contaminants, including heavy metals, cyanide, and lithium, within two years. This scientific approach is intended to replace the previous vacuum where homeowners and insurers debated testing protocols and acceptable contamination levels.

Complementing AB 1642, Assembly Bill 1795 requires insurers to cover the costs of testing for smoke contamination. Insurers are now also prohibited from ending additional living expense payments until a home is fully restored and deemed safe. These bills also create a presumption that fire debris found within a wildfire perimeter is fire-related, countering past insurer arguments about pre-existing contaminants.

Supporters, including Assemblymember John Harabedian, who authored AB 1642, believe these bills will set a precedent for nationwide change. Homeowners like isotope geochemist Dr. Francois Tissot, who experienced displacement due to smoke contamination, welcome the mandate for insurers to conduct testing and the presumption of fire-related contamination, ending protracted battles.