Bill
AB 1795
AB 1795 standardizes smoke-damage recovery with health-based testing, zone-based exposure rules, mandatory certification for responders, and stricter insurer timelines for claims.
Jurisdiction: California | Session: 2025-2026 | Bill Number: AB 1795
Author: Gipson (co-sponsor)
Urgency: This act is declared an urgency statute with immediate effect.
Purpose and intent
- Establish a comprehensive, standards-based framework for handling residential smoke damage caused by wildland-urban interface (WUI) fires or urban conflagrations.
- Create uniform health-based testing, sampling, and remediation standards; expand training and certification for professionals involved in inspection, testing, and restoration; and align insurance practices with these standards to ensure safe, habitable recovery of affected homes.
Key provisions and changes
1) Health-based standards for smoke-damaged properties (Health and Safety Code, Chapter 6.12)
- On or before June 30, 2027, the California Environmental Protection Agency (CalEPA), in coordination with other agencies and local health departments, must develop health-based standards for:
- Sampling and chemical screening levels for smoke-damaged residential properties.
- Preremediation testing, postremediation testing, and clearance for habitation after remediation.
- Standards to consider the distance of a property from the fire perimeter and designate default zones:
- High-impact, Moderate-impact, Low-impact zones.
- Possibility for a designated “smoke exposure zone” that supersedes default zones.
- CalEPA may impose additional, specific requirements for particular wildfires and may adopt interim sampling/testing rules prior to final regulations.
2) Training and certification requirements (Health and Safety Code, Chapter 7.5)
- Wildfire Remediation Certification and Training program:
- By January 1, 2028, CalEPA must establish training/certification requirements for individuals inspecting, evaluating, sampling, testing, analyzing, or restoring smoke-damaged properties (including industrial hygienists, restoration professionals, and laboratories).
- Regulations to implement, enforce, and resolve jurisdictional issues; fees to cover administration/enforcement.
- A new Wildfire Remediation Certification and Training Fund is created to hold collected fees and support program administration.
3) Insurance coverage and claims handling (Insurance Code)
- Additional Living Expenses (ALE):
- Insurers may not terminate ALE coverage for a smoke-damage claim arising from WUI fire/urban conflagration declared a state of emergency until property is cleared for habitation according to CalEPA guidance (and subject to policy limits).
- Insurer responsibilities and timelines for inspections and payments:
- If insurer elects to inspect, must occur within 30 days after claim notice or access is granted.
- Actual Cash Value (ACV) payment due within 30 days of inspection, unless remediation is agreed to by policyholder.
- Undisputed replacement cost payment due within 15 days after insured provides a contractor’s remediation contract, up to policy limits.
- If payment is not timely, interest accrues as per statute.
- Verification and documentation:
- If a settlement is based on an insurer-drafted scope/estimate, insurer must provide all documents; vendor/contractors must be properly licensed, trained, and certified; policyholder may choose the vendor.
- Notice window:
- Claim notice must be provided within 120 days after containment of the wildfire (with extensions for good cause); late notice may trigger a sublimit of at least 10% of the primary structure’s policy limit.
4) Training for adjusters and public adjusters (Insurance Code)
- 14048 (Insurance Adjuster trainees) and 15009.2 (Public Adjuster trainees):
- By January 1, 2028, DI (Department of Insurance) must develop training/certification standards for adjusters and public adjusters handling smoke-damage claims.
- Insurers and firms must ensure their adjusters/public adjusters are trained and certified in accordance with these standards.
- Violations are deemed unfair practices and subject to disciplinary actions.
5) Definitions and clarifications
- Aligns definitions for “smoke damage,” “wildfire,” “WUI fire,” and related terms with the Health and Safety Code Section 25405.
- Establishes zone-based terminology (high-, moderate-, low-impact; smoke exposure zones) and clarifies restoration to preloss condition.
6) Administrative and regulatory framework
- CalEPA, in coordination with other agencies, may adopt regulations to implement and enforce these requirements.
- Regulations will address jurisdiction, noncompliance penalties, and fee structures.
What would be affected
Procedural and timeline notes
Overall impact
AB 1795 seeks to standardize and tighten the handling of smoke-damage claims by establishing health-based testing standards, zone-based exposure classifications, mandatory training/certification for professionals, and stricter timelines for insurer inspections and payments. The bill aims to ensure fire-damaged homes are safely and promptly restored to habitable condition, with clearer accountability for insurers and remediation professionals.
Compiled from official sources — confirm details with the bill’s official record.
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