Assembly Member Ortega introduces AB 455 to address thirdhand smoke disclosures in real estate

In the bustling halls of the California State Assembly, a new legislative proposal is stirring conversations about health and safety in real estate transactions. Assembly Bill 455, introduced by Assembly Member Ortega on February 6, 2025, seeks to address a growing concern: the impact of thirdhand smoke on residential properties.

As the sun streamed through the windows of the assembly chamber, lawmakers gathered to discuss the implications of this bill, which aims to amend existing laws regarding environmental hazards in real estate. At its core, AB 455 places the onus on sellers of single-family homes to disclose any knowledge of tobacco or nicotine residue—commonly referred to as thirdhand smoke—on their property. This residue can linger long after the last puff, posing potential health risks to future occupants.

The bill not only mandates this disclosure but also calls for an update to the educational materials provided by the Department of Toxic Substances Control. The existing booklet, which informs consumers about environmental hazards, will now include a section dedicated to thirdhand smoke. To facilitate this update, the department will collaborate with the Center for Tobacco and the Environment at San Diego State University, ensuring that the information is both accurate and comprehensive.

While the bill has garnered support for its proactive approach to public health, it has not been without its critics. Some real estate professionals express concerns about the potential for increased liability and the burden of additional disclosures. They argue that the definition of thirdhand smoke can be ambiguous, leading to confusion among sellers and buyers alike. However, proponents emphasize the importance of transparency in real estate transactions, particularly when it comes to health-related issues.

The implications of AB 455 extend beyond the immediate realm of real estate. By raising awareness about thirdhand smoke, the bill could influence broader public health discussions and encourage more stringent regulations on smoking in residential areas. Experts suggest that this legislation may pave the way for similar measures in other states, as the conversation around environmental hazards continues to evolve.

As the assembly members deliberate, the future of AB 455 remains uncertain. Will it pass through the legislative process and become law, or will it face hurdles that stall its progress? One thing is clear: the conversation about the hidden dangers of thirdhand smoke is just beginning, and California is poised to take a significant step forward in addressing this issue.