AB 1795 Moves to Insurance Committee Despite Harmful Provisions
AB 1795, the Smoke Damage Recovery Act, grew out of the California Department of Insurance’s Smoke Claims and Remediation Task Force and advanced out of its first committee, the Environmental Safety and Toxic Materials Committee, after the author and Insurance Commissioner Lara committed to amendments, including an emergency provision. However, most of those changes have not yet appeared in the bill text. Even the emergency provision, as described, is not especially meaningful because the bill still does not specify what contaminants must be tested for or where sampling must occur. By contrast, AB 1642 also includes an emergency clause, but pairs it with clear requirements for what to test and where to test, creating immediate, practical protections once enacted. AB 1795 now heads to the Assembly Insurance Committee on Wednesday, April 22, and as currently written, several of its provisions actually limit insurers’ obligations. EFRU has prepared a detailed opposition letter with specific amendments that would make the bill protective rather than harmful, and we are asking residents, supporters, and organizations to sign on.