COMMISSIONER LARA AND ASSEMBLYMEMBER GIPSON UNVEIL THE SMOKE DAMAGE RECOVERY ACT
The following information was released by the
Nation's
Despite the growing severity of wildfires, no state or national standards exist for testing, cleaning, or restoring homes contaminated by wildfire smoke. This gap in the law has left families navigating conflicting expert opinions, prolonged insurance disputes, and unsafe living conditions. AB 1795 directly confronts this decades old failure by creating science based, health driven standards for smoke testing and restoration and by providing immediate relief for
Commissioner Lara has repeatedly emphasized that smoke damage is not merely an insurance issue it is a public health crisis. A central feature of AB 1795 is its early action provision, designed specifically to address the delays and disputes facing survivors of the
This empowers a public health agency to issue interim guidance that insurers must follow, giving families a clear path to recovery now rather than waiting months for statewide standards to be completed.
This is the first bill in the nation to create a mechanism for immediate, locally driven smoke damage standard, a direct response to what survivors have been asking for.
"Wildfire survivors are being told to return to homes coated in toxic residue and that is unacceptable. This is not just an insurance dispute; it is a public health emergency. Families cannot wait for long processes or conflicting opinions. They need clear standards and real protection now," said Commissioner Lara. "We are delivering immediate relief for
"Smoke contamination has left families uncertain about whether it's safe to return home parents worried about their children's health, older residents displaced from their homes, and entire communities caught in limbo," said Assemblymember Gipson. "AB 1795 gives survivors what they have been pleading for: real standards, real protections, and real urgency. Strong, science based rules are the only way to ensure families get a fair and safe path back home."
Why AB 1795 Is Needed Now
The
Survivors report severe health symptoms, conflicting expert assessments, and insurers denying or minimizing claims.
No state or national standards exist for smoke testing, remediation, or claims handling.
The Department's
AB 1795 addresses the decades-long absence of standards and the unprecedented damage caused by the
Establishing science-based, health-driven standards for inspection, testing, and restoration of smoke-damaged homes.
Creating uniform insurance claims-handling practices and required restoration protocols.
Developing health-based guidelines to determine when a home is safe for families to return.
Designating the appropriate state and local agencies to implement and enforce these standards.
Providing immediate relief by allowing survivors to rely on local public health standards for smoke testing and restoration while statewide standards are being finalized.
These provisions reflect the consensus among
Commissioner Lara's Actions on Smoke Damage Recovery
Created the
Issued a formal Bulletin directing insurers to fully investigate and pay legitimate smoke-damage claims.
Launched a market conduct examination of
Filed legal enforcement action against the FAIR Plan for improper smoke-claim denials.
Engaged survivor groups directly to ensure their lived experience informs policy decisions.
These efforts build on
A National Model
By establishing the nation's first comprehensive smoke-damage standards and by creating a mechanism for immediate, locally driven relief, AB 1795 positions
As wildfires intensify and smoke impacts reach communities far beyond traditional fire zones, states across the country are confronting the same lack of clear standards that
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