California Smoke Damage Act Would Enable Wildfire Victims to Expedite Claims

A bill touted as the nation’s first public health and insurance standards to protect families from toxic smoke contamination is making its way through California legislature.

California Insurance Commissioner Ricardo Lara and Assemblymember Mike Gipson on Wednesday introduced Assembly Bill 1795, the Smoke Damage Recovery Act.

The bill is a response to smoke contamination from the 2025 Los Angeles wildfires. AB 1795 would establish enforceable public health and insurance claims standards for smoke‑damaged homes.

Lara last year took legal action against the California FAIR Plan Association for reportedly denying and limiting smoke damage claims from wildfire survivors. Lara also formed a Smoke Claims & Remediation Task Force within the California Department of Insurance to develop consistent statewide standards for investigating and paying smoke damage claims.

Currently, no state or national standards exist for testing, cleaning or restoring homes contaminated by wildfire smoke.

A feature of AB 1795 is an early‑action provision, designed to address delays and disputes facing L.A. wildfire victims. If a state or local health or environmental agency issues specific standards for interior smoke testing, screening levels, or restoration, victims will be able to use those local standards immediately to support and expedite their insurance claims, proponents of the bill say.

“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,” Lara said in a statement.

The Los Angeles wildfires produced historic levels of smoke contamination, affecting thousands of standing homes.

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