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Sunday, September 6, 2026Bay Area Market: Coverage updated daily

California could be first in the nation to create smoke-damage standards

When a home is left standing after a wildfire, survivors and insurers battle over testing and cleanup. California lawmakers passed two bills that aim to change that.

Silicon Valley and Bay Area real estate
Curated News BriefBased on original reporting by CalMatters Housing (September 5, 2026). The summary below is the Journal’s; the local analysis is original commentary by Omar Murillo.

Look, I just read something from CalMatters Housing that's important for all of us in California real estate to understand. After those devastating fires in January that destroyed more than sixteen thousand structures in Los Angeles County, it turns out that more than thirteen thousand of the insurance claims involve smoke damage rather than total loss. Here's the thing that really matters: survivors with homes still standing have been in limbo for months, sometimes over a year and a half, waiting to figure out if their houses are even safe to live in again.

The problem CalMatters describes is pretty straightforward. When homes survive a fire but get filled with smoke, ash, and soot, nobody really knew what the safe standards were for cleanup and testing. People were finding themselves in disputes with insurance companies about whether lead, asbestos, and other toxic materials needed to be tested for and removed. State Farm and other insurers were accused of denying testing requests, refusing to pay for tests that homeowners did themselves, and dragging their feet on cleanup authorizations.

Two state assembly bills are now waiting for the governor to sign that would actually establish what CalMatters calls a "first-in-the-nation standard" for smoke damage. One bill creates the actual testing and remediation standards, while the other requires insurance companies to follow them. According to the reporting, the Department of Toxic Substances Control would have until the end of 2028 to set standards for lead and asbestos, then by the end of 2029 would need to cover other contaminants like heavy metals and cyanide.

CalMatters describes two homeowners stuck in this mess. One family has been living in a donated RV on their property since August after State Farm stopped paying their temporary housing costs. Another family paid six thousand dollars themselves for environmental testing that the insurer initially ignored. Both families had to keep pushing and fighting just to get their insurers to acknowledge that smoke damage was even an issue worth addressing.

The new insurance requirements in the second bill are pretty specific. CalMatters says insurers would have to inspect properties within thirty days of a claim being filed, they would have to pay for all testing needed, and they cannot stop covering temporary living expenses until homes are actually restored and safe. The industry is technically opposed to these bills, but that's not surprising.

What I'm seeing locally is that even though we're not in the worst fire zones, these smoke damage issues are hitting closer to home for Bay Area and East Bay families every year. When people have smoke damage from fires in Sonoma or Mendocino or down south, they're running into the same problems CalMatters is reporting. Having actual state standards would give real protection to sellers and buyers who are dealing with fire-damaged properties, and it would make the whole process more transparent instead of leaving people in legal and financial limbo.