AB1642 - Wildfires: contamination standards.

Enrolled September 04, 2026 Passed IN Senate August 31, 2026 Passed IN Assembly August 31, 2026 Amended IN Senate August 28, 2026 Amended IN Senate July 02, 2026 Amended IN Senate June 22, 2026 Amended IN Assembly May 22, 2026 Amended IN Assembly May 18, 2026 Amended IN Assembly March 02, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1642 Introduced by Assembly Member Harabedian (Principal coauthor: Senator Allen) (Coauthors: Assembly Members Irwin and Patel) (Coauthor: Senator Pérez) January 27, 2026 An act to add Chapter 6.9.2 (commencing with Section 25402.1) to Division 20 of the Health and Safety Code, relating to wildfires. LEGISLATIVE COUNSEL'S DIGEST AB 1642, Harabedian. Wildfires: contamination standards. Existing law establishes the Department of Toxic Substances Control, which regulates the handling and management of hazardous waste and hazardous materials, and establishes the Office of Environmental Health Hazard Assessment and the State Air Resources Board. Existing federal law sets action levels for lead in dust and emission standards for asbestos, and existing state law sets workplace standards for asbestos. Existing law authorizes local health officers to take specified actions to protect public health and establishes procedures for the remediation of certain contaminated properties. This bill would require the Department of Toxic Substances Control, in consultation with the Office of Environmental Health Hazard Assessment and other relevant coordinating agencies, on or before December 31, 2028, to develop and adopt regulations pertaining to lead and asbestos testing, remediation, and restoration after a wildfire and, on or before December 31, 2029, to develop and publish guidance pertaining to specified other contaminants, as provided. The bill would require the State Air Resources Board, on or before December 31, 2028, to develop and publish guidance on indoor air contaminants following residential smoke damage from a wildfire, as provided. The bill would provide that, until the adoption of the regulations and guidance, specified lead and asbestos standards shall apply for wildfire-caused lead and asbestos remediation, as provided. The bill would require the department, in collaboration with the State Department of Education and other relevant state agencies, no later than July 1, 2028, to develop advisory, nonregulatory guidance for schools after a wildfire, as provided. The bill would exempt the regulations and guidance from the Administrative Procedure Act. The bill would become operative only if AB 1795 of the 2025–26 Regular Session is enacted and takes effect on or before January 1, 2027.​​​​​​​​​​​​​​​​​​​​​​​​​ Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Wildfire Environmental Safety and Testing Act. SEC. 2. The Legislature finds and declares both of the following: (a) Wildfires are increasingly frequent and severe, exposing Californians to hazardous smoke, ash, debris, and toxic contamination that pose serious short- and long-term health risks. (b) Following wildfires, residents, workers, students, and vulnerable populations are often compelled to return to homes, schools, and workplaces without adequate environmental testing, remediation, or health-based standards. SEC. 3. Chapter 6.9.2 (commencing with Section 25402.1) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 6.9.2. Wildfire Contamination 25402.1. For purposes of this chapter, the following definitions apply: (a) “Department” means the Department of Toxic Substances Control. (b) “OEHHA” means the Office of Environmental Health Hazard Assessment. (c) “Screening level” means the threshold concentration of a chemical that serves as a comparison value for exposures to soil, air, and tap or drinking water and below which further site assessment for that single chemical alone is often not warranted. (d) “State board” means the State Air Resources Board. (e) “Wildfire” means a wildland-urban interface fire, an urban conflagration, or a forest fire as defined in Section 4103 of the Public Resources Code. 25402.3. Until the adoption of the regulations required pursuant to paragraph (1) of subdivision (a) of Section 25402.4 and the issuance of the guidance described in paragraph (2) of subdivision (a) of Section 25402.4 and in Section 25402.5, the following standards shall apply for the purposes of determining clearance for human occupancy for residential properties located within a wildfire impact zone, as defined in Section 2060.1 of the Insurance Code, relative to wildfire-caused lead and asbestos remediation only: (a) The detected chemical concentration of lead dust in the property’s interior shall not exceed the action levels for lead in dust set forth in Section 745.227(e)(8)(viii) of Title 40 of the Code of Federal Regulations, or any more stringent applicable standard, including a standard developed pursuant to subdivision (a) of Section 25402.4. (b) The property shall be evaluated for asbestos and remediated and restored in compliance with applicable standards in the California asbestos standard set forth in Section 1529 of Title 8 of the California Code of Regulations and the National Emission Standards for Hazardous Air Pollutants for asbestos set forth in Subpart M (commencing with Section 61.140) of Part 61 Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations or any more stringent applicable standard, including a standard developed pursuant to subdivision (a) of Section 25402.4. 25402.4. (a) The department, in consultation with the OEHHA and other relevant coordinating agencies, shall do both of the following: (1) On or before December 31, 2028, and after hosting a public workshop, develop and adopt regulations pertaining to lead and asbestos testing, and remediation and restoration for unrestricted use, including for residential properties, and for other locations as appropriate, after a wildfire. The regulations shall include all of the following, to the extent there is, in the department’s discretion, sufficient supporting scientific evidence: (A) Background and educational information on all of the following: (i) Key entities involved in postwildfire remediation and restoration. (ii) Risk and data interpretation to help understand indoor and outdoor sampling results after a wildfire. (iii) Common scenarios that warrant consultation with an environmental professional. (B) Strategies to reduce contaminant exposure indoors and outdoors in the aftermath of a wildfire. (C) Tables containing any updated or tiered screening levels for lead and asbestos for soil, air, and wipe samples. (D) Procedures, as determined by the department, for sampling contents and indoor floors, windowsills, and other hard surfaces. (E) Procedures, as determined by the department, for sampling outdoor soils. (F) Information on remediation and restoration techniques recommended by professionals. (G) Standards for chemical concentrations of lead dust in residential property interiors that are clear for human occupancy. (2) On or before December 31, 2029, and after hosting a public workshop, develop and publish on its internet website guidance pertaining to contaminants listed pursuant to subparagraph (B) for testing and remediation and restoration for unrestricted use, including for residential properties, and for other locations as appropriate, after a wildfire. The guidance shall include all of the following, to the extent there is, in the department’s discretion, sufficient supporting scientific evidence: (A) Any additional educational information the department determines is necessary to supplement the regulations adopted under paragraph (1). (B) Tables containing tiered screening levels for each of the following contaminants for soil, air, and wipe samples: (i) CAM 17 heavy metals. (ii) Cyanide. (iii) Lithium. (iv) Manganese. (v) Dioxins and furans. (vi) Polycyclic aromatic hydrocarbons. (C) Procedures, as determined by the department, for sampling indoor floors, windowsills, contents, and other hard surfaces. (D) Procedures, as determined by the department, for sampling outdoor soils. (E) Information on remediation and restoration techniques recommended by professionals. (F) Standards for postremediation testing. (b) In the department’s discretion, based on scientific changes or need, the department may do both of the following: (1) Make technical determinations to add or remove contaminants from the guidance documents and information developed pursuant to paragraph (2) of subdivision (a) based on the relevance and priority of those contaminants for postwildfire remediation and restoration. (2) Update the guidance documents developed pursuant to this section every five years from completion of the guidance due on or before December 31, 2029, to incorporate the latest data and science on postwildfire remediation and restoration. (c) Standards for testing and remediation and restoration adopted pursuant to this section shall be no less stringent than those in other applicable state or federal law. (d) The regulations and guidance developed pursuant to this section shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (e) The department shall post recordings of the public workshops and public comments pursuant to subdivision (a) on the department’s internet website. 25402.5. (a) Based on the best available existing science, on or before December 31, 2028, and after hosting a public workshop, the state board shall develop and publish on its internet website guidance on levels for indoor air contaminants following residential smoke damage from a wildfire, implications for health or health outcomes, and possible protective measures to reduce health impacts. (b) The state board may release interim guidance prior to December 31, 2028. (c) The state board may revise and update the guidance as new research and data become available. (d) The guidance developed pursuant to this section shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (e) The department shall post recordings of the public workshops and public comments pursuant to subdivision (a) on the department’s internet website. 25402.6. (a) The department, in collaboration with the State Department of Education, and other relevant state agencies, no later than July 1, 2028, shall develop advisory, nonregulatory guidance for schools to support local educational agencies after a wildfire. This guidance shall include, but not be limited to, all of the following: (1) Information on the balance between the protection of the public health of pupils, school staff, and community members, and the reopening of schools as expeditiously as possible to promote pupil and school community stability. (2) Suggested best practices for preremediation and postremediation testing and remediation and restoration of known wildfire hazards, including how to find, evaluate, and select appropriately licensed personnel. (3) Information regarding wildfire hazards, including, but not limited to, their human health implications, how to interpret wildfire hazard results to inform school closure and reopening decisions, and how to reduce human exposure to wildfire hazards and recontamination. (4) Information about federal, state, and local entities that can provide information and expertise on wildfire recovery, including information on available state or federal emergency funds, to local educational agencies in the aftermath of a wildfire. (b) The adoption of guidance pursuant to subdivision (a) is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) For purposes of this section, “local educational agency” means a school, school district, charter school, or county office of education. 25402.7. Nothing in this chapter shall be construed to supersede or limit any other authority or remedy of any regulatory agency to protect public health and the environment. SEC. 4. This act shall become operative only if Assembly Bill 1795 of the 2025–26 Regular Session is enacted and takes effect on or before January 1, 2027.