California Law Creates Standards for Testing and Remediating Wildfire Smoke

Why This Law Feels Personal

My son was in the Eaton Fire. His home was covered inside and out with a fine layer of soot. His landlord ignored
his pleas for testing. Because we own a remediation company, we were able to use our professional connections
to have the home tested immediately. We would not let him move back in until the results came back negative for hazardous materials and every affected surface had been thoroughly wiped down.

He was lucky. When we looked at what was happening with his neighbors, no one appeared to be testing. While this law may seem expensive, the purpose behind it is literally lifesaving: people should not be sent back into smoke-damaged homes without reliable evidence that those homes are safe.

THE BOTTOM LINE

California has enacted a first-in-the-nation framework for science-based testing, remediation, and restoration
of wildfire smoke contamination. The detailed state protocols are still being developed, but the laws make an
important shift: decisions about whether a smoke-damaged property is safe should be based on evidence,
not assumptions or odor alone.

Why This Matters

A building does not have to burn to suffer serious wildfire-related contamination. Smoke, ash, and fine particles can enter through doors, windows, ventilation systems, and small gaps in the building envelope. They may settle on contents, collect inside HVAC systems, and reach areas that look untouched.

After the January 2025 Eaton and Palisades fires, the California Department of Insurance estimated that more than 13,000 of approximately 40,000 insurance claims involved smoke damage to homes that did not burn. Until now, California had no enforceable statewide standard for determining how those properties should be tested,
cleaned, or cleared for occupancy.

What the New Laws Do

On September 15, 2026, Governor Gavin Newsom signed a wildfire recovery package that included Assembly Bills 1642 and 1795. Together, these measures establish a framework for clearer, science-backed decisions after future wildfires.

1. State Agencies Must Develop Science Based Protections

The legislation directs the California Department of Toxic Substances Control (DTSC) and the California Air
Resources Board (CARB) to develop protections addressing the testing, remediation, and restoration of lead and asbestos contamination associated with wildfire smoke in homes located within affected ZIP codes. DTSC must also issue guidance to help schools recover after a wildfire.

2. Qualifying Insurance Coverage Becomes Clearer

According to the Governor’s announcement, insurers will be required to pay for qualifying lead and asbestos
testing and remediation in smoke-damaged homes within a wildfire zone, and to cover cleanup and restoration to
pre-loss condition. The laws also restrict insurers from ending Additional Living Expense coverage before a
covered home has actually been remediated and is safe to occupy.

3. Safety Determinations Move Toward Objective Evidence

This is a meaningful change for owners and managers. Visible soot and smoke odor are important observations,
but neither one provides a complete picture of contamination. A defensible recovery plan may require a
documented scope, appropriate sampling, qualified interpretation of results, controlled cleaning or removal, and post-remediation verification.

The Detailed Standards Are Still Coming

The laws create the legal framework and direct state agencies to develop the technical protections. They should not be read as a finished field protocol that tells every property exactly what to sample, which laboratory methods to use, or what numerical result will clear every building for occupancy. Those details will depend on forthcoming agency guidance, the facts of the loss, and other applicable requirements.

PRACTICAL CAUTION

Do not allow cleanup to begin before the testing strategy and documentation plan are established. Premature
cleaning, disposal, or HVAC operation can disturb evidence, spread contamination, and create avoidable
disputes over scope and coverage.

What Property and Facility Managers Should Do Now

Update the emergency response plan. Add wildfire smoke and ash intrusion as its own loss category, even when there is no direct fire damage.
Identify qualified resources in advance. Establish relationships with an environmental consultant or industrial hygienist, an accredited laboratory, a remediation contractor, and an HVAC professional.
Preserve evidence immediately. Photograph affected areas, document odors and visible residues, retain HVAC filter information, log complaints, and keep a timeline of building operations and weather conditions.
Notify the insurer promptly and in writing. Ask what testing, consultant, and remediation costs will be covered, and request written confirmation before authorizing major work when circumstances allow.
Control the building before cleaning. Consider whether outdoor-air intakes, air handlers, or other systems should remain off until qualified professionals evaluate the risk of spreading contaminants.
Test before deciding the scope. Sampling should be designed and interpreted by a qualified professional who understands the building, the wildfire source, and potential contaminants such as lead and asbestos.
Separate assessment from remediation when practical. Independent testing and clearance can help the owner show that decisions were based on evidence and the the completed work met the established scope.
Keep a complete project file. Preserve contracts, chain-of-custody records, laboratory reports, photographs, daily logs, disposal records, cleaning methods, communications, and clearance documentation.
Communicate carefully with occupants. Share confirmed facts, protective measure, and realistic timelines. Avoid declaring a property safe until the appropriate professional has completed the required evaluation or clearance process.

The Documentation Protects the Owner

After a wildfire, the question is not only whether a property was cleaned. The owner may later need to show why the scope was chosen, which hazards were evaluated, how the work was performed, and what evidence supported reoccupancy. A strong written record helps property managers communicate with occupants, insurers, consultants, contractors, and ownership while reducing the risk of inconsistent decisions.

A Better Model for Wildfire Recovery

California’s new approach recognizes that smoke damage can be a health, building, and insurance issue even when flames never reach the structure. For property and facility managers, the practical lesson is straightforward: prepare before the next wildfire, bring qualified professionals in early, document every decision, and do not confuse “looks clean” with “cleared for occupancy.”

As DTSC, CARB, and the Department of Insurance publish implementation details, emergency plans, vendor requirements, and insurance procedures should be reviewed and updated.

Need Help Evaluating Wildfire Smoke Damage?

Fire & Water Damage Recovery helps property and facility managers throughout the San Francisco Bay Area respond to water, fire, smoke, mold, and biohazard emergencies. Because we do not perform reconstruction, our focus remains on emergency mitigation, careful documentation, and returning your property to safe occupancy.