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Newsom signs California law forcing insurers to pay for toxic smoke cleanup after Los Angeles fires

"Science, not an insurance company's opinions, will determine whether a home is safe."

California Governor Gavin Newsom holds a spiral notebook and speaks at an event.

Photo Credit: Getty Images

Even after the January 2025 Palisades and Eaton fires were out, many Los Angeles County residents with homes still standing were not in the clear.

California has adopted what LAist described as a first-of-its-kind statewide policy: Gov. Gavin Newsom signed two bills requiring insurers to pay for smoke testing, contamination cleanup, and temporary housing while a home cannot yet be safely reoccupied.

Here's what to know

Assembly Bills 1642 and 1795 lay out more specific duties for insurers when smoke damage claims are filed.

Since the fires, owners of houses that remained standing have filed 13,000 smoke damage claims, according to the state Department of Insurance.

The bills say insurance companies must evaluate homes for smoke-related contamination, cover remediation when necessary, and keep paying temporary living costs until a home is cleared as safe again.

The California Department of Toxic Substances Control must finish standards for lead and asbestos testing and cleanup by the end of 2028. Rules for heavy metals and other pollutants are due by the end of 2029.

In a news release, Newsom said, "These new protections will make insurer obligations clearer and give homeowners more financial flexibility when they need it most."

More background

Officials said the smoke from the Los Angeles County fires was especially dangerous because the destruction happened in urban areas.

As buildings burned, they released contaminants like lead paint and asbestos. The fires also consumed cars, appliances, and other manufactured items.

Families may face contamination even if their homes never caught fire.

For some residents, that has meant prolonged uncertainty, fights with insurers and the added expense of staying in hotels or rentals while they wait to learn whether returning home is safe.

A group called Eaton Fire Residents United found lead, asbestos and heavy metals lingering in homes even after professional remediation companies had cleaned them. According to LAist, the group's executive director is Jane Lawton Potelle.

What's being done?

The new laws are designed to shift more of the financial responsibility for smoke-related cleanup and displacement onto insurers rather than residents.

By creating statewide testing and remediation standards, California is aiming to reduce the need for homeowners to battle insurers one claim at a time over whether cleanup is justified.

Supporters of the bills say science-based standards could make the claims process less confusing and more consistent. Assemblymember John Harabedian, who authored one of the measures, described the issue as one of evidence instead of insurer judgment.

LAist reported that insurance industry groups objected to giving the Department of Toxic Substances Control this rulemaking role instead of the California Department of Insurance.

As Harabedian said, "Science, not an insurance company's opinions, will determine whether a home is safe."

Where can I learn more?

In fire-prone states, smoke hazards, insurance pressures, and policy fights are changing what recovery looks like after major wildfires. The stories below explore how contamination standards, coverage rules, and public health concerns keep surfacing long after the flames are out.

• After the Los Angeles fires, parents feared toxic smoke began harming children before birth.

• In California, State Farm's retreat showed every company matters in wildfire-prone insurance markets.

• In Sacramento, lawmakers clashed over overhaul California's wildfire response as residents pressed for change.

• In Colorado, a new law changed how homeowner risk is calculated for insurers.

Many Los Angeles-area families still face a steep gap between their insurance payout and the true cost of rebuilding.

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