Stemming from Eaton, Palisades fires, 2 bills could create first post-fire testing standards

Assemblymember from District 41 John Harabedian provides a legislative update during a press conference in Pasadena, CA Jan. 16, 2025.(Photo by Andy Holzman, Contributing Photographer)

Wildfire survivors with standing homes could soon lean on scientific standards when it comes to testing for and remediating contaminants in their property, and they won’t have to fight insurers to get it.

Two bills set for a final vote Monday, Aug. 31, would create the first scientific testing standards in the nation for post-wildfire homes and compel insurers to follow the same science-backed benchmarks.

Lawmakers in the California Assembly and Senate are set to vote on the joined bills, AB 1642, Wildfire Environmental Safety and Testing Act, and AB 1795, the Smoke Damage Recovery Act, late Monday.

“Eaton Fire survivors know too well that any decision to return home must be guided by science, not insurance company guesswork,” said Rep. John Harabedian, D-Pasadena, who authored SB 1642 six months ago. “Insurance companies wrongfully terminated survivor smoke damage claims after the Eaton Fire without proper testing or cleanup, thereby imperiling my constituents’ health by forcing them back into contaminated homes. No family should have to worry about whether their home is clear of contaminants after a fire.”

Rep. Mike Gipson, D-Gardena, authored the contingent bill that would require insurers to follow AB 1642 testing standards for properties within the wildfire impact zone.

The two bills grew directly out of the experiences and advocacy of Eaton and Palisades fire survivors, said Jane Lawton Potelle, executive director of the Eaton Fire Residents United (EFRU), which sponsored the AB 1642.

“Together these first-in-the-nation bills recognize wildfires cause toxic contamination in smoke-damaged standing homes and establish a scientific framework for testing and remediation of that contamination, as well as insurance coverage for those claims,” Lawton Potelle said.

Another vocal backer: Francois Tissot, professor of geochemistry at the California Institute of Technology and an Eaton fire survivor. Tissot said he has studied the contamination firsthand, and saw many families forced to return to still contaminated homes because there were no mandatory testing and scientific standards covering property remediation.

“The standing homes of the Eaton Fire were a curse in disguise,” he said. “Spared by the flames, the data shows that these homes were pervasively contaminated with asbestos, lead and other toxic heavy metals released by the fire.”

Dawn Fanning is a founding member of EFRU, which has about 5,000 members and works with a coalition of fire survivors and organizations.

She and Lawton Potelle belong to the 40% of wildfire survivors with standing, damaged homes who remain displaced as of April 2026, according to a survey from the nonprofit Department of Angels.

The Eaton fire killed 19 people and destroyed more than 9,000 structures, causing an estimated billions of dollars in damage.

“I implored my insurance company to pay for testing,” Fanning said. “They would only agree to a combustible by-product test, ash, soot and char. I explained it was essential to know what was in the soot, char, and ash, not just that it was present.”

Fanning hired an industrial hygienist anyway, thankful they agreed to postpone invoicing until the results were in.

“When they found super high levels of lead, heavy metals and asbestos, then insurance agreed to pay,” Fanning said. “So many others were not as lucky. But the research we did allowed me to educate my adjuster who knew nothing about WUI (Wildland Urban Interface) Fires.”

Other fire survivors spoke of paying for post-remediation testing that showed that even after professional cleaning by insurance vendors, their homes still had toxic levels of contaminants.

EFRU started from a few fire survivors meeting on Facebook, formalizing soon after and in August 2025, gaining support from the Department of Angels, which launched after the Eaton and Palisades fires with a mission to provide independent, long-term support, structural advocacy, and resources directly to wildfire survivors.

In January, EFRU received a FireAid grant that allows them to continue their work, Fanning said.

Harabedian approached the grassroots group early this year for help writing the bill. EFRU also advocated to amend SB 1795. Helping craft and pass the legislation is one of the most important work the group has done almost 20 months since the inferno.

“While I realize that we can’t accomplish all that we want in one legislative session, we are proud of the progress that we made with both bills,” Fanning said. “This bill package is a beachhead for the nation to finally address the contamination that standing homes and structures have after a wildfire, urban conflagration or wildland urban interface fire. We are very proud of the work and the awareness we have been able to achieve across the nation. Wildfires are only increasing and people need to know how to protect their families.”

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