AB 1642 California Assembly · 2025-2026 Regular Session

Wildfires: contamination standards.

Summary
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.​​​​​​​​​​​​​​​​​​​​​​​​​
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Aug 2026
Assembly Passage
May 2026
Senate Passage
Governor
Introduced Jan 27, 2026 Last action Aug 30, 2026
Maddy AI version diff · 7 comparisons

What changed between versions

07/02/26 - Amended Senate 08/28/26 - Amended Senate · 10 edits · Aug 28, 2026
MAJOR
The August 28 amendment significantly expands AB 1642 by adding an entirely new chapter (Division 20, Chapter 6.9.2) to the Health and Safety Code that assigns specific regulatory and guidance duties to DTSC, the State Air Resources Board, and the State Department of Education with concrete deadlines. The nonrebuttable safe-occupancy presumption was narrowed to cover only lead (removing the asbestos threshold), and interim federal and state standards for lead and asbestos are now codified as a bridge until new regulations take effect.
Scope change
The bill's scope expanded substantially. It now covers not only the Division 12 emergency regulations framework but also creates a parallel Division 20 chapter with interim standards, multi-agency guidance requirements (DTSC, State Air Resources Board, State Department of Education), and a broader definition of wildfire that includes urban conflagrations and forest fires beyond just WUI fires.
SCOPE

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.

REQUIREMENT

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.

TIMELINE

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.

ENFORCEMENT

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.

DEFINITION

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.

Floor votes · Assembly May 27, 2026

How they voted

583
Passed · 18 other
Total votes 79
May 27, 2026
D Democratic59
56 Yea 3
94% Yea
R Republican20
2 Yea 3 Nay 15
15% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
8
Committee
8
Amendments
8
Aug 28, 2026
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 13, 2026
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 0.) (August 13).
upper
Aug 3, 2026
Committee
In committee: Referred to APPR. suspense file.
upper
Jul 2, 2026
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jul 2, 2026
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 1).
upper
Jun 22, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
upper
Jun 10, 2026
Committee
Referred to Com. on E.Q.
upper
May 27, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 3.)
lower
May 22, 2026
Lower · Passed
Read third time and amended. Ordered to third reading. (Page 5271.)
lower
May 18, 2026
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
May 14, 2026
Introduced
From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 14).
lower
Apr 8, 2026
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Mar 11, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 10). Re-referred to Com. on APPR.
lower
Mar 3, 2026
Committee
Re-referred to Com. on E.S & T.M.
lower
Mar 2, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S & T.M. Read second time and amended.
lower
Feb 9, 2026
Committee
Referred to Com. on E.S & T.M.
lower
Jan 28, 2026
Lower · Passed
From printer. May be heard in committee February 27.
lower
1 primary · 4 co-sponsors

Sponsors