Wildfires: contamination standards.
What changed between versions
A new Chapter 6.9.2 (Sections 25402.1 through 25402.7) is added to Division 20 of the Health and Safety Code, creating a separate regulatory framework for post-wildfire contamination that operates alongside the existing Division 12 part.
A new operative condition (Section 4) requires that AB 1795 of the 2025-26 Regular Session be enacted and take effect on or before January 1, 2027, for this bill to become operative.
The nonrebuttable presumption that a structure is safe for occupancy (Section 13981) was narrowed to require only that lead levels meet specified thresholds (5 micrograms per square foot on floors, 40 on window sills). The previous requirement that TEM-identified asbestos also be at or below one structure per square centimeter was removed from the presumption.
New Section 25402.3 establishes interim standards: lead dust must not exceed federal action levels under 40 CFR 745.227(e)(8)(viii), and asbestos remediation must comply with California's workplace asbestos standard (Title 8 CCR Section 1529) and federal NESHAP for asbestos, until new regulations are adopted.
DTSC must adopt lead and asbestos testing/remediation regulations by December 31, 2028 (after a public workshop), and publish guidance on additional contaminants (CAM 17 heavy metals, cyanide, lithium, manganese, dioxins/furans, PAHs) by December 31, 2029.
The State Air Resources Board must publish guidance on indoor air contaminants following residential smoke damage from a wildfire by December 31, 2028, with authority to release interim guidance earlier and update as new research becomes available.
DTSC, in collaboration with the State Department of Education, must develop advisory nonregulatory guidance for schools after a wildfire by July 1, 2028, covering health protection versus school reopening balance, testing best practices, hazard interpretation, and available funding resources.
All regulations and guidance under the new Division 20 chapter are exempt from the Administrative Procedure Act and the California Environmental Quality Act, allowing faster adoption without full rulemaking procedures.
The definition of WUI impact zone (Section 13980(k)) was simplified to remove a garbled reference to the Department of Forestry and Fire Protection's Damage Inspection Data map, now simply referencing the fire perimeter as determined and mapped by that department.
New definitions added in Division 20 include 'screening level' (threshold concentration below which further site assessment is often not warranted) and a broader definition of 'wildfire' that includes urban conflagration and forest fire as defined in Public Resources Code Section 4103.