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Assembly passes AB 1795 to set statewide standards for smoke-damaged homes
Summary
The Assembly passed AB 1795, the Smoke Damage Recovery Act, by a 54–6 vote on urgency, establishing science-based, statewide inspection, testing and remediation standards for homes affected by wildfire smoke and directing state/local agencies to implement and enforce them.
Assemblymember Gibson introduced AB 17 95, the Smoke Damage Recovery Act, on the Assembly floor May 7, saying the bill would create uniform, science-based standards for inspecting, testing and restoring homes contaminated by wildfire smoke and ensure consistent insurance claims handling.
"Today, there are no minimum requirements for how homes are inspected, how smoke contamination is tested, when homes are considered safe, or who is qualified to do the work," Gibson said, arguing that the lack of standards has left wildfire survivors uncertain whether it is safe to return home. Gibson described the measure as a health-driven approach that designates state and local agencies to implement and enforce testing and remediation protocols.
Supporters told colleagues the bill addresses gaps exposed by recent record wildfires. Assemblymember Harvideon said survivors lack the time and resources to litigate causation after fires and highlighted three key elements supporting the bill: a rebuttable presumption that contaminants found after a wildfire are caused by that wildfire, science-based safety standards for return-to-home decisions, and a clearer definition of downwind impact zones so policyholders are included.
An opponent, Assemblymember De Maio, cautioned the measure in its present form could "backfire" and potentially increase costs for consumers; he said government failures beyond insurance practices had also hindered rebuilding in some communities and urged further refinements. De Maio added he might support a revised bill returned from the Senate but could not back the current text.
After brief closing remarks from the author emphasizing ongoing stakeholder conversations and a commitment to take amendments to address impact zones, testing standards and cost containment, the Clerk opened the roll. The Assembly recorded Ayes 54, No 6 on the urgency question and Ayes 54, No 6 on the measure; the bill passed and, because of the urgency clause, will take effect immediately.
Next steps include transmittal to the Senate (as noted on the floor) and continued technical work on amendments the author pledged to pursue in coordination with stakeholders and the insurance commissioner.
The Assembly debate and roll call occurred on the floor May 7; the Clerk reported the final tally on the floor following debate.
