Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.

This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking tobacco or nicotine products, as defined, or any history of occupants smoking tobacco or nicotine products on the property, as specified, to disclose that knowledge to the buyer in writing.

Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.

This bill would require the Department of Toxic Substances Control to update the above-described booklet to include a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.

Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.

This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking tobacco or nicotine products, as defined, or any history of occupants smoking tobacco or nicotine products on the property, as specified, to disclose that knowledge to the buyer in writing.

Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.

This bill would require the Department of Toxic Substances Control to update the above-described booklet to include a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.

Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.

This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, as defined, or any history of occupants smoking or vaping tobacco or nicotine products on the property, as specified, to disclose that knowledge to the buyer in writing.

Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.

This bill would require the Department of Toxic Substances Control to update the above-described booklet to include a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.

Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.

This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.

Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.

This bill would require the Department of Toxic Substances Control to update the above-described booklet to include a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.

Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.

This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.

Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.

This bill would require the Department of Toxic Substances Control to update the above-described booklet to include a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 455

Author:(Ortega)

As Amended Ver:July 17, 2025

Majority vote

SUMMARY

Requires disclosure of thirdhand smoke residue in real estate sales and updates to the Homeowners' Guide to Environmental Hazards.

Major Provisions

1. Finds and declares that "thirdhand smoke" is the toxic chemical residue left by tobacco smoke, and that it accumulates in carpets, walls, and furniture and becomes embedded in building materials, persisting for years after smoking stops.
2. Finds and declares that thirdhand smoke-polluted buildings expose occupants to more than 10 toxic chemicals listed in Proposition 65.
3. Requires the seller of a single-family residential property, who is otherwise required to make disclosures about the property, and who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.
4. Defines "thirdhand smoke" as the toxic chemical residue left behind by tobacco smoke.
5. Requires the Homeowners' Guide to Environmental Hazards to include information related to thirdhand smoke.
6. Requires the Department of Toxic Substances Control (DTSC) to update the Homeowners' Guide to Environmental Hazards to include a new section on thirdhand smoke, as provided.
7. Provides for the DTSC to offset the costs associated with updating the guide by delegating the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University.
8. Requires the DTSC to review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on thirdhand smoke as an environmental hazard, mitigation options, and sources for additional information.
9. Defines "smoking or nicotine products" as including the use of an electronic cigarette or vape device for inhaling an aerosol.

Senate Amendments

Add a definition to clarify that the bill's prohibitions apply to smoking and vaping.

COMMENTS

Disclosures play an important role in the sale of single-family homes, serving a mechanism of transparency and risk mitigation between sellers and buyers. Disclosures required under existing law range from disclosures to potential buyers regarding the natural hazards impacting the property, such as a property's presence in fault zones, flood zones, and fire severity areas to disclosures regarding the individual property itself, such as any known significant defects in the insulation, roof, foundation, plumbing and sewers, and electrical systems, among others.

This measure represents a novel step in California's longstanding policy of requiring robust disclosures in real estate transactions and draws upon research establishing that thirdhand smoke contains multiple Proposition 65-listed toxicants. The bill requires the Department of Toxic Substances Control (DTSC) to incorporate content on thirdhand smoke into the state's Homeowners' Guide in collaboration with the Center for Tobacco and the Environment at San Diego State University. Similar to other required disclosures in real estate transactions, it also places the responsibility on property sellers with actual knowledge of thirdhand smoke contamination to disclose that information to prospective buyers.

Thirdhand smoke. Thirdhand smoke is a pervasive and persistent form of tobacco pollution that poses significant health risks long after active smoking has ceased. Unlike secondhand smoke, which dissipates after a cigarette is extinguished, thirdhand smoke consists of toxic residues and chemical byproducts that cling to surfaces such as carpets, walls, ceilings, upholstery, and dust. According to data from the Thirdhand Smoke Resource Center, tobacco residues include carcinogenic and mutagenic compounds—particularly tobacco-specific nitrosamines—that can reemit into the air or react with ambient indoor pollutants to form additional toxicants. The Center further emphasizes that thirdhand smoke accumulates over time and persists in indoor environments for months or years, posing disproportionate risks to infants, children, pets and vulnerable populations who come into contact with contaminated surfaces, dust, and materials. (What do we know about the health risks of thirdhand smoke? https://thirdhandsmoke.org/what-do-we-know-about-the-health-risks-of-thirdhand-smoke-2/ (as of Apr. 1, 2025).) These findings underscore that thirdhand smoke is not merely cosmetic or olfactory in nature, but rather constitutes a bona fide environmental health hazard with significant implications for real property and residential habitability.

Real estate disclosures & actual knowledge. Given California's exposure to a wide range of natural and environmental hazards, state law imposes comprehensive disclosure obligations on sellers of residential real property. Sellers are required to disclose whether the property is located in designated hazard zones, including fault zones, flood zones, and areas of high fire severity. Additional disclosures are mandated when a property is near industrial operations, former military ordnance sites, or abandoned oil and gas wells. The Transfer Disclosure Statement (TDS), required under Civil Code Section 1102.6, obligates sellers to disclose any known significant defects affecting the property's structural components and systems, including the roof, foundation, plumbing, electrical, and sewer systems. The TDS also includes a checklist of appliances and other fixtures, and requires sellers to answer detailed questions about any known environmental, legal, or physical conditions that may affect the property. Importantly, sellers are only required to disclose information within their actual knowledge; they are not obligated to conduct independent investigations or testing to uncover unknown hazards. Existing law further specifies if a consumer information booklet is delivered to a buyer, in connection with the sale of real property, a seller or broker is not required to provide additional information, the booklet is deemed to provide adequate disclosure to the buyer regarding common environmental hazards that can affect real property. The Homeowners' Guild to Environmental Hazards fulfills this requirement.

The Residential Environmental Hazards Booklet was originally mandated by AB 983 (Bane) Chapter 969, Statutes of 1989, which required the Department of Real Estate (DRE) to prepare a consumer guide on environmental hazards affecting residential property, including asbestos, radon, lead-based paint, formaldehyde, fuel and chemical storage, and soil and water contamination. The legislation appropriated money from the Education and Research Account of the Real Estate Fund to support its preparation and authorized DRE to charge a fee to defray costs. The original edition was developed jointly by DRE and the Department of Health Services (now the Department of Health Care Services). The booklet was subsequently updated via AB 2753 (Sher) Chapter 264, Statutes 1994, which led to the 2005 edition prepared by the Department of Toxic Substances Control (DTSC) in collaboration with the California Air Resources Board and the Department of Health Services, and expanded to include lead-based paint hazards. SB 183 (Lowenthal), Chapter 19, Statutes of 2010 required the addition of content on carbon monoxide exposure. AB 225 (Grayson), Chapter 420, Statutes of 2023 required—as existing resources permit, or as private resources are made available—for the booklet to be updated to include new sections on wildfires, climate change, and sea level rise. It also directs the Department of Public Health to consult with departments within the Natural Resources Agency to help determine the updated contents.

This bill makes findings and declarations regarding the risks posed by thirdhand smoke, and adds thirdhand smoke to the list of environmental hazards about which homeowners must be educated via the Homeowners' Guide to Environmental Hazards. It also requires that sellers disclose actual knowledge of such contamination in single-family residential real property transactions.

According to the Author

Thirdhand smoke refers to the toxic residue left behind by tobacco products. When smoking or vaping takes place inside, particles and gasses expelled into the air absorb into the floors, walls, furniture, and other household surfaces. Thirdhand smoke contains more than 26 chemicals included on the Prop 65 List because they are known to cause cancer and/or reproductive or developmental harm; exposure to thirdhand smoke has been shown to cause a wide range of negative health impacts, including DNA damage, asthma exacerbation, an increased risk of cancer, and a weakened immune system. Currently, Californians looking to buy a home have no way of knowing whether this quiet killer is present in their future home, and research has shown that more than 96% of Californians want to know if the home they are about to buy or rent contains thirdhand smoke. AB 455 will help potential homeowners be more aware of the dangers of thirdhand smoke and aerosols and be fully informed before buying property that may be contaminated with this hazard. AB 455 accomplishes this goal in two ways:

1. AB 455 requires that if the seller of a single-family residential property knows that there is residue from smoking or vaping on the property and/or knows that there has been smoking or vaping on the property, the seller must disclose that knowledge in writing to the buyer of the property.
2. AB 455 Requires the Dept. of Toxic Substances Control to update the Homeowners' Guide to Environmental Hazards to include thirdhand smoke as a hazard.

Arguments in Support

Clean Earth 4 Kids, explains the risk of thirdhand smoke:

Thirdhand smoke is the toxic residue that remains on surfaces after smoking or using a vape.

This residue sticks to furniture, windows, walls, and floors, as well as skin, hair, and clothing. This allows for toxic residues to be transferred to non-smoking environments. Only four weeks of exposure to thirdhand smoke can be equivalent to the smoke levels in homes of smokers, making it just as harmful as firsthand and secondhand smoke. Thirdhand smoke has the same damaging effects as smoking such as a higher risk of developing lung cancer and asthma. It can also harm the liver, brain, immune system and reproductive system.

Thirdhand smoke can be just as deadly as smoking cigarettes. Children are especially susceptible to the health effects of thirdhand smoke from crawling, putting non-edible objects in their mouths, and spending more time indoors. Everyone is at risk from the toxicity of secondhand and thirdhand smoke, not just smokers.

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM JUDICIARY: 12-0-0

YES: Kalra, Dixon, Wicks, Bryan, Connolly, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur, Tangipa

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 7-0-0

YES: Connolly, Ellis, Bauer-Kahan, Castillo, Lee, McKinnor, Papan

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ASSEMBLY FLOOR: 71-0-8

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wilson, Zbur, Rivas

ABS, ABST OR NV: Bryan, Chen, Ellis, Nguyen, Sanchez, Schultz, Sharp-Collins, Wicks

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

UPDATED

VERSION: July 17, 2025

CONSULTANT: Shiran Zohar / JUD. / (916) 319-2334 FN: 0001260

 THIRD READING  

Bill No: AB 455

Author: Ortega (D)

Amended: 7/17/25 in Senate

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 8-0, 7/2/25

AYES: Blakespear, Valladares, Dahle, Gonzalez, Hurtado, Menjivar, Padilla, Pérez

SENATE JUDICIARY COMMITTEE: 13-0, 7/15/25

AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 71-0, 5/23/25 (Consent) - See last page for vote

SUBJECT: Real estate: environmental hazards: thirdhand smoke

SOURCE: Author

DIGEST:

This bill requires a seller of a residential property to disclose knowledge of thirdhand smoke to the buyer and requires the Department of Toxic Substances Control (DTSC) to update the Homeowners’ Guide to Environmental Hazards to include a section on thirdhand smoke.

ANALYSIS:

Existing law:

1. Requires a seller of a single-family residential property or their agent to provide to a prospective buyer a completed Transfer Disclosure Statement (TDS), and various other disclosures. (Civil Code (CIV) § 1102-1102.19)
2. Requires a seller to disclose and describe, as part of the TDS, whether the single-family residence has any significant defects or malfunctions in various components of the home. (CIV § 1102.6.)
3. Requires a seller of any single-family residence to deliver required disclosures:
   1. As soon as practicable before transfer of title, in the case of a sale; and,
   2. As soon as practicable before execution of the contract in the case of a sale by a real property sales contract, a lease together with an option to purchase, or a ground lease coupled with improvements. (CIV § 1102.3)
4. Specifies that no transfer of a single-family residence shall be invalidated solely because of the failure to comply with the disclosure requirements, but that a person who willfully or negligently violates or fails to perform the disclosure duties shall be liable for actual damages. (CIV § 1102.13)
5. Requires the Department of Real Estate (DRE) to develop the Residential Environmental Hazards Disclosure Booklet to educate and inform consumers on the following:
   1. Common environmental hazards that are located on, and affect, real property; the types of common environmental hazards shall include, but not be limited to the following: asbestos, radon gas, lead-based paint, formaldehyde, fuel and chemical storage tanks, and water and soil contamination;
   2. The significance of common environmental hazards and what can be done to mitigate them; and,
   3. Sources that can provide more information on common environmental hazards for the consumer. (Business and Professions Code (BPC) § 10084.1(a))
6. Requires DTSC to seek the advice and assistance of departments within the California Natural Resources Agency in writing the Homeowners’ Guide to Environmental Hazards, prepared pursuant to state law pertaining to the Residential Environmental Hazards Disclosure Booklet. (BPC § 10084.2)
7. Specifies that if the Residential Environmental Hazards Disclosure Booklet is delivered to a buyer in connection with the sale of real property, a seller or broker is not required to provide additional information, and that the booklet provides adequate disclosure to the buyer regarding common environmental hazards that can affect real property. (CIV § 2079.7)
8. Prohibits, under Proposition 65, a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual. (Health and Safety Code § 25249.6)

This bill:

1. Defines “thirdhand smoke” to mean the toxic chemical residue left behind by tobacco smoke.
2. Defines “residue from smoking tobacco or nicotine products” to mean a chemical accumulation resulting from the smoking of tobacco or nicotine products.
3. Specifies “smoking tobacco or nicotine products” to include the use of an electronic cigarette or vape device for inhaling an aerosol.
4. Provides that it is the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking tobacco or nicotine products, or any history of occupants smoking tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.
5. Requires DTSC to update the Homeowners’ Guide to Environmental Hazards to include a new section on thirdhand smoke.

1. Requires DTSC to delegate responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, which will use existing center personnel and research resources to offset costs, to the extent resources are available.
2. Requires DTSC to review the update proposed by the Center for Tobacco and the Environment, to ensure the update adequately educates and informs consumers on the following:
   1. Thirdhand smoke as a common environmental hazard that is located on, and affects real property;
   2. The significance of thirdhand smoke as a common environmental hazard and how hazards can be mitigated; and,
   3. Sources that can provide more information on thirdhand smoke for the consumer.
3. Makes related findings and declarations.

Background

What is thirdhand smoke? Thirdhand smoke is tobacco smoke residue that remains in indoor environments, reacts with air to make additional pollutants, and re-emits from surfaces back into the air.^[1] All tobacco products, including cigarettes, hookah, electronic cigarettes, and smokeless tobacco have been shown to leave nicotine and/or tobacco smoke residue in indoor environments. CDPH refers to thirdhand smoke as a distinct public health problem.

Smoke from tobacco products sticks to indoor surfaces, such as walls, windows, furniture, and floors. Layers of this residue can build up over time on these surfaces and remain in place for years as common clean methods such as vacuuming, wiping surfaces, and airing out rooms do not completely remove it. As the residue builds up on surfaces, chemical reactions within it may occur, releasing additional toxins.^[2] To reduce the levels of thirdhand smoke, renovations, such as replacing wall boards, flooring, and furnishings, may be necessary.

The hazards of thirdhand smoke. People can be exposed to thirdhand smoke through inhalation, skin absorption, or ingestion when in contact with surfaces that are contaminated with thirdhand smoke. Infants and children may have higher risks of exposure, due to age-specific behaviors such as crawling, mouthing, and active playing near the floor. Long-term exposure to harmful pollutants associated with thirdhand smoke have been shown to damage human cells and DNA and are associated with asthma and cancer. Mice that have been experimentally exposed to thirdhand smoke develop health problems in their respiratory, digestive, circulatory, and reproductive systems.^[3],[4]

Proposition 65. In 1986, California voters approved a ballot initiative, the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as Proposition 65, to address concerns that “hazardous chemicals pose a serious potential threat to their health and well-being, [and] that state government agencies have failed to provide them with adequate protection…” Proposition 65 requires the state to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. This list, which must be updated at least once a year, currently includes approximately 900 chemicals. Proposition 65 also prohibits businesses from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity, without first giving clear and reasonable warning, which can take the form of product labels or notices. The Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program, including an evaluation of all currently available scientific information on substances considered for placement on the Proposition 65 list.

Several chemicals present in thirdhand smoke are on OEHHA's Proposition 65 list. For example, thirdhand smoke contains chemicals such as nicotine and 4-(N-Nitrosomethylamino)-1-(3-pyridyl)1-butanone, or NNK.^[5] According to OEHHA, nicotine is listed under Proposition 65 because it can cause birth defects or other reproductive harm; NNK is listed because it can cause cancer.

Real estate disclosures. California state law imposes disclosure obligations on sellers of residential real property. Sellers are required to disclose whether the property is located in designated hazard zones, including fault zones, flood zones, and areas of high fire severity. State law obligates sellers to disclose, via the TDS, any known significant defects affecting the property’s structural components and systems, including the roof, foundation, plumbing, electrical, and sewer systems. The TDS also includes a checklist of appliances and other fixtures, and requires sellers to answer detailed questions about any known environmental, legal, or physical conditions that may affect the property.

Importantly, sellers are only required to disclose information within their actual knowledge; they are not obligated to conduct independent investigations or testing to uncover unknown hazards. Existing law further specifies if a consumer information booklet is delivered to a buyer in connection with the sale of real property, a seller or broker is not required to provide additional information; the booklet is deemed to provide adequate disclosure to the buyer regarding common environmental hazards that can affect real property. The Homeowners’ Guide to Environmental Hazards fulfills this requirement.

The Homeowners’ Guide to Environmental Hazards. The Homeowners’ Guide to Environmental Hazards—referenced in some places in state law as the “Residential Environmental Hazards Booklet”—was originally mandated by AB 983 (Bane, Chapter 969, Statutes of 1989), which required the DRE to prepare a consumer guide on environmental hazards affecting residential property, including asbestos, radon, lead-based paint, formaldehyde, fuel and chemical storage, and soil and water contamination. State law pertaining to the Homeowners’ Guide to Environmental Hazards has been updated several times since 1989, most recently by AB 225 (Grayson, Chapter 420, Statutes of 2023), which requires, as existing resources permit, or as private resources are made available, the booklet to be updated to include new sections on wildfires, climate change, and sea level rise. Similar to AB 225, this bill would require the guide to be updated to include a section on thirdhand smoke.

Comments

Purpose of this bill. According to the author, “AB 455 takes two important steps to protect Californians from exposure to dangerous chemicals that are a byproduct of indoor tobacco use. When smoking or vaping takes place inside, the particles and gasses left behind absorb into everything in the room: flooring, walls, furniture, and even the HVAC system. The chemicals in these gasses – known as thirdhand smoke – remain for years, even after smoking or vaping stops. Exposure to thirdhand smoke has been shown to cause DNA damage, asthma exacerbation, an increased risk of cancer, and a weakened immune system. Currently, California home buyers have no way of knowing whether this quiet killer is present in their future home. AB 455 will help potential homeowners be more aware of the dangers of thirdhand smoke and aerosols and be fully informed before buying property that may be contaminated with this hazard.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/19/2025)

Americans for Nonsmokers' Rights
Center for Environmental Health
Public Health Advocates
San Luis Obispo Tobacco Control Coalition
Tobacco Education and Research Oversight Committee

OPPOSITION: (Verified 8/19/2025)

None received

ASSEMBLY FLOOR: 71-0, 5/23/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wilson, Zbur, Rivas

NO VOTE RECORDED: Bryan, Chen, Ellis, Nguyen, Sanchez, Schultz, Sharp-Collins, Wicks

Prepared by: Taylor McKie / E.Q. / (916) 651-4108

8/20/25 23:11:15

**** END ****

1. California Department of Public Health. (2017). Thirdhand Smoke. ↑

2. Acuff, L., et. al. (2016). Third-hand smoke: old smoke, new concerns. ↑

3. Martins-Green, M., et. al. (2014). Cigarette smoke toxins deposited on surfaces: Implications for human health. ↑

4. Liu, H. and Chen, H. (2021). The effects of thirdhand smoke on reproductive health. ↑

5. Jacob III, P., et. al. (2017). Thirdhand smoke: new evidence, challenges, and future directions. ↑

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: AB 455 (Author:Ortega)

Version: July 3, 2025

Hearing Date: July 15, 2025

Fiscal: Yes

Urgency: No

Consultant: ID

SUBJECT

Real estate: environmental hazards: thirdhand smoke

DIGEST

This bill makes it the sole responsibility of a seller of a single-family residential property with actual knowledge of the existence of residue from smoking or vaping tobacco or nicotine products to disclose that knowledge to a buyer in writing, and requires the Department of Toxic Substances Control to update the Homeowners’ Guide to Environmental Hazards with information related to thirdhand smoke, as specified.

EXECUTIVE SUMMARY

Thirdhand smoke is the contamination of a space by tobacco-related gases and particles left behind by tobacco use that become embedded in materials and surfaces like carpets, walls, furniture, and other household items. Thirdhand smoke can linger in homes and on surfaces for years, be released back into the air, interact with other substances to create new compounds, and can accumulate over time. It is also often difficult to remove. Thirdhand smoke poses considerable health risks to those exposed to it, as it contains more than 26 chemicals that the state of California has identified as causes of cancer, birth defects, and reproductive harm. Considering these health risks, AB 455 proposes to require the Department of Toxic Substances Control to update the Homeowners’ Guide to Environmental Hazards to include information about thirdhand smoke, through the assistance of the Center for Tobacco and the Environment. AB 455 also would require a seller of a single-family home who has actual knowledge of the existence of residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that to the buyer in writing. AB 455 is author-sponsored, and is supported by Americans for Nonsmokers’ Rights and the San Luis Obispo Tobacco Control Coalition. The Committee has received no timely letters of opposition. AB 455 previously passed out of the Senate Environmental Quality Committee by a vote of 8 to 0.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Requires a seller of a single-family residential property or their agent to provide to a prospective buyer a completed Transfer Disclosure Statement (TDS), and various other disclosures. (Civ. Code §§ 1102-1102.19.)
2. Requires a seller to disclose and describe, as part of the TDS, the features of the single-family residence for sale. Requires a seller to disclose whether the property has any significant defects or malfunctions in various components of the home, and to disclose the presence of any substances, materials, or products which may be environmental hazards. (Civ. Code § 1102.6.)
3. Requires a seller to indicate whether they are aware of a variety of specified conditions with the property, including any contaminated soil or water, and any major damage to the property or structures from fire, earthquake, floods, or landslides. (Civ. Code § 1102.6.)
4. Requires a seller to provide a Natural Hazard Disclosure Statement to a prospective buyer, disclosing specified natural and environmental hazards, such as whether the property is located within a seismic hazard zone, an earthquake fault zone, a special flood hazard area, an area of potential flooding, or a high or very high fire hazard severity zone, with specified information. (Civ. Code § 1103.2.)
5. Requires a seller of any single-family residence to deliver the required disclosures:
   1. as soon as practicable before transfer of title, in the case of a sale;
   2. as soon as practicable before execution of the contract in the case of a sale by a real property sales contract, a lease together with an option to purchase, or a ground lease coupled with improvements. (Civ. Code §§ 1102.3, 1103.3.)
6. Exempts from the above disclosures transfers of single-family residences that are made pursuant to a court order, pursuant to a foreclosure or mortgage default, by a fiduciary in the administration of a trust, guardianship, conservatorship or estate, from one co-owner to one or more other co-owners, to a spouse, pursuant to a dissolution of marriage or legal separation, to or from any governmental entity, and under various other circumstances, as specified. (Civ. Code §§ 1102.2, 1103.1.)
7. Provides that if any information disclosed is subsequently rendered inaccurate as a result of any act, occurrence, or agreement after the disclosure is delivered, it does not constitute a violation of the disclosure requirements. (Civ. Code §§ 1102.5, 1103.5.)
8. Provides that any disclosure may be amended in writing by the seller or their agent as soon as practicable. (Civ. Code §§ 1102.9, 1103.9.)
9. Requires that disclosures be delivered to a prospective buyer by personal delivery or by mail, and allows delivery to the prospective buyer’s spouse. (Civ. Code §§ 1102.10, 1103.10.)
10. Specifies that no transfer of a single-family residence shall be invalidated solely because of the failure to comply with the disclosure requirements, but that a person who willfully or negligently violates or fails to perform the disclosure duties shall be liable for actual damages. (Civ. Code §§ 1102.13, 1103.13.)
11. Creates a duty on real estate agents representing sellers in certain transactions to make a competent visual inspection of the property and disclose to the prospective buyer or tenant all facts materially affecting the value or desirability of the property. (Civ. Code § 2079.)
12. Authorizes the Real Estate Commissioner (commissioner) of the Department of Real Estate (DRE) to prepare a pamphlet or brochure dealing with disclosures of information in residential real estate transactions and to educate and inform consumers on common environmental hazards that are located on, and affect, real property. , and allows the costs of preparation and distribution of the booklet to be paid from the Real Estate Fund for education and research. (Bus. & Prof. Code § 10084.)
13. Permits the commissioner to produce and make available copies of the booklet upon a request of a seller, buyer, and real estate licensee for a fee that is equal to the cost of preparation and distribution; requires the collected fees to be paid into the education and research account of the Real Estate Fund. (Ibid.)
14. Directs the DRE to develop, using an appropriation of funds from the Education and Research Account in the Real Estate Fund, the Residential Environmental Hazards Disclosure Booklet to educate and inform consumers on the following:
    1. Common environmental hazards that are located on, and affect, real property. The types of common environmental hazards shall include, but not be limited to the following: asbestos, radon gas, lead-based paint, formaldehyde, fuel and chemical storage tanks, and water and soil contamination.
    2. The significance of common environmental hazards and what can be done to mitigate these hazards.
    3. What sources can provide more information on common environmental hazards for the consumer. (Bus. & Prof. Code § 10084.1(a).)
       
15. Requires the DRE to seek advice and assistance in determining the contents of the booklet from the Department of Health Services (now called the Department of Public Health). (Bus. & Prof. Code § 10084.1(b).)
16. Specifies that, if a booklet is delivered to a buyer in connection with the sale of real property, a seller or broker is not required to provide additional information about, and that the booklet provides adequate disclosure to the buyer regarding, common environmental hazards that can affect real property. (Civ. Code § 2079.7.)

This bill:

1. Makes specified findings regarding thirdhand smoke.
2. Specifies that, as existing resources permit, the Homeowners’ Guide to Environmental Hazards be updated as required to include the information described in 3), below.
3. Requires the Department of Toxic Substances Control (DTSC) to update the Homeowners’ Guide to Environmental Hazards to include a new section on thirdhand smoke, that covers:
   1. thirdhand smoke as a common environmental hazard that is located on, and affects, real property;
   2. the significance of thirdhand smoke as a common environmental hazard and what can be done to mitigate this hazard; and
   3. sources that can provide more information on thirdhand smoke as a common environmental hazard for the consumer.
4. Specifies that, to offset the costs associated with updating the guide, DTSC shall delegate the responsibility to update the guide to the Center for Tobacco and the Environment at San Diego State University, which shall use existing personnel and research resources.
5. Requires DTSC to review the update proposed by the Center for Tobacco and the Environment to ensure that it adequately educates and informs consumers, as specified.
6. Specifies that, in addition to any other disclosure required by specified provisions of law, it is the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose this knowledge to a prospective buyer in writing.

COMMENTS

1. Author’s statement

According to the author:

AB 455 takes two important steps to protect Californians from exposure to dangerous chemicals that are a byproduct of indoor tobacco use. When smoking or vaping takes place inside, the particles and gasses left behind absorb into everything in the room: flooring, walls, furniture, and even the HVAC system. The chemicals in these gasses – known as thirdhand smoke – remain for years, even after smoking or vaping stops. Exposure to thirdhand smoke has been shown to cause DNA damage, asthma exacerbation, an increased risk of cancer, and a weakened immune system. Currently, California home buyers have no way of knowing whether this quiet killer is present in their future home. AB 455 will help potential homeowners be more aware of the dangers of thirdhand smoke and aerosols and be fully informed before buying property that may be contaminated with this hazard.

1. Thirdhand smoke is a considerable health risk

Smoking tobacco products, once almost ubiquitous in society, has gradually decreased over the last fifty years as more people become aware of the significant health risks associated with smoking, in part due to a public campaign to inform the public of the dangers of smoking. Cigarette smoking kills more than 408,000 Americans every year.^[1] While smoking cigarettes and other tobacco products is incredibly unhealthy for the individual who partakes, considerable research has shown that those near to individuals who smoke also can experience health problems through exposure to “secondhand smoke,” in which an individual breathes in the smoke expelled by someone smoking a tobacco product. Despite not engaging in smoking themselves, someone exposed to secondhand smoke can suffer a variety of health problems as a result of that exposure.

In recent years, tobacco use has seen some resurgence through the rise of “vaping,” which is a tobacco product that, instead of burning tobacco like traditional cigarettes, heats a liquid that contains nicotine, flavoring, and other substances to create an inhalable aerosol mist. Vaping, while seemingly less harmful than cigarettes, is also incredibly harmful and addictive.

Another way in which smoking can harm those in proximity to someone who smokes is through thirdhand smoke. Thirdhand smoke is the contamination of a space by tobacco-related gases and particles left behind by tobacco use that become embedded in materials and surfaces like carpets, walls, furniture, and other household items.^[2] Thirdhand smoke can linger in homes and in surfaces for years, can be released back into the air, interact with other substances to create new compounds, and can accumulate.^[3] It is also often difficult to remove, and can disproportionately affect vulnerable groups like children, the elderly, and those who are immunocompromised. A study from San Diego State University found thirdhand smoke residue in 100 percent of non-smoker and smoker apartment units studied, with 10 percent of non-smoker units showing high levels of thirdhand smoke on par with levels found in the homes of active smokers.^[4]

Thirdhand smoke poses considerable health risks to those exposed to it. Research has found that it contains more than 26 chemicals that the state of California identifies as causes of cancer, birth defects, and reproductive harm, including nicotine, nicotine-derived chemicals, and carcinogenic nitrosamines that can form over time from these substances.^[5] Exposure to these chemicals can damage lung, skin, reproductive, and neural cells, destroy or change cell DNA, increase the risk of lung and cervical cancer, and weaken the immune system.^[6]

1. Required disclosures in real estate transactions

Current law requires that sellers of single-family residential properties provide specified disclosures regarding the property to prospective buyers. (Civ. Code §§ 1102 et seq.) The majority of these required disclosures are contained within the Transfer Disclosure Statement (TDS), a statutorily-mandated document of disclosures that a seller must provide a prospective buyer, outlining the conditions and issues with the property of which the seller is aware (Cal. Civ. Code § 1102.6.) Disclosures required by the TDS include any known significant defects in the insulation, roof, foundation, plumbing and sewers, and electrical systems, among others. It requires an explanation of any noted defects, and also requires a comprehensive list of appliances and other features present on the property, along with an extensive questionnaire relating to specific dangers or issues known about the property. If the seller knows that any listed feature is not in working condition, they must disclose that fact. In addition to the TDS contained at Civil Code Section 1102.6, there are a number of other statutorily-required disclosures and notices that a seller must make to a potential buyer. For example, Civil Code Section 1102.19 requires a seller to disclose whether the property is located in a designated high or very high fire hazard severity zone, and Section 1102.6, subsection g, requires every real property sale contract to include a notice regarding the requirement that a property appraisal be unbiased. Civil Code Section 1103 requires a seller to disclose whether the property is located within a seismic hazard zone, an earthquake fault zone, a special flood hazard area, an area of potential flooding, or a high or very high fire hazard severity zone on a specified Natural Hazards Disclosure Statement.

With some specified exceptions, these disclosure requirements apply to any transfer by sale, exchange, real property sales contract, lease with an option to purchase, or a ground lease coupled with improvements of a single-family residential property. (Civ. Code §§ 1102(a), 1103(b).) The disclosures must be provided to the prospective buyer either as soon as practicable before transfer of title, or, in the case of a sale by a real property sales contract, a lease together with an option to purchase, or a ground lease coupled with improvements, as soon as practicable before the making or acceptance of an offer. (Civ. Code §§ 1102.3, 1103.3.) The seller must indicate that they have complied with all disclosure requirements either on the real property sales contract, lease, or on an addendum or separate document.

If a disclosure or amendment to any previously-made disclosure is delivered after the execution of an offer to purchase the home, the prospective buyer is allowed three days (if the disclosure is delivered in person) or five days (if the disclosure is delivered by mail or electronically) in which to back out of the sale without repercussions. (Civ. Code §§ 1102.3(c), 1103.3(c).) This provision provides buyers with an easy remedy if an issue arises in the disclosures that is material to the buyer’s decision to purchase the property, and can create an opportunity for additional negotiations between the parties around the issue.

In addition to these disclosures, existing law also imposes on real estate agents representing clients in certain transactions the duty to make a competent visual inspection of the property, and to disclose to the prospective buyer or tenant all facts materially affecting the value or desirability of the property. (Civ. Code § 2079.)

1. The Homeowner’s Guide to Environmental Hazards

In 1989, the Legislature enacted AB 983 (Bane, Ch. 969, Stats. 1989) to require that the Department of Real Estate create The Homeowner’s Guide to Environmental Hazards, also known as the Residential Environmental Hazards Booklet, to inform homebuyers of the environmental risks in and affecting residential property. Originally, the Homeowner’s Guide included information on asbestos, radon, lead-based paint, formaldehyde, proper storage of fuel and chemicals, and soil and water contamination. Over the years since, the information required to be included in the guide has been expanded. Most recently, it was expanded by AB 225 (Grayson, Ch. 420, Stats. 2023) to require, as existing resources permit or private resources are made available, that the guide be updated to include information on wildfires, climate change, and sea level rise.

1. AB 455 increases awareness and transparency in residential real estate transactions

Given the health risks posed by thirdhand smoke, AB 455 proposes a number of statutory changes to increase transparency and consumer education in residential real estate transactions. It would require the Department of Toxic Substances Control to update the Homeowners’ Guide to Environmental Hazards to inform consumers on thirdhand smoke as a common environmental hazard, the significances of thirdhand smoke and what can be done to mitigate it, and on sources that can provide more information on thirdhand smoke. AB 455 would require that DTSC delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, with review by DTSC.

In addition, AB 455 would require that a seller of a single-family residential property with actual knowledge of the presence of residue from smoking or vaping tobacco or nicotine products, or any history of smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to a prospective buyer in writing. Like all disclosures required under Civil Code sections 1102 and 1103, this disclosure would have to be provided as soon as practicable before transfer of title, or in the case of a sale by a real property sales contract, a lease together with an option to purchase, or a ground lease coupled with improvements, as soon as practicable before the making or acceptance of an offer. If a seller had actual knowledge and failed to disclose it to the buyer before the execution of the offer to buy, the buyer would still have the ability to cancel the sale within three or five days. However, SB 455 does not specify the exact form in which this disclosure would need to be made, outside of that it be in writing, and does not specifically require that it be made on the TDS.

While this bill adds new provisions to the disclosure laws specific to thirdhand smoke, it is possible that the current disclosure laws already require disclosure of the presence of chemical residue from tobacco or nicotine use. That is because the TDS requires disclosure of the presence of any substances, materials, or products that may be an environmental hazard. Furthermore, real estate agents are required to disclose to prospective buyers any condition of the property that materially affects the value or desirability of the property. However, these requirements may not capture when a seller knows of a history of smoking on the property, and whether chemical residue from smoking is an environmental hazard could be up to interpretation. Thus, despite the potential redundancy of its new disclosure requirements, AB 455 nonetheless makes the disclosure laws explicit about thirdhand smoke and the disclosure of a history of smoking on the property: if a seller knows of a history of smoking on the property, or of the existence of residue from smoking on the property, it must be disclosed. Considering the potentially significant health impacts of thirdhand smoke, such explicit disclosure requirements would help buyers be better informed when buying a home and could help homebuyers mitigate the impacts of thirdhand smoke.

1. Like other disclosure requirements in Civil Code section 1102, a potential buyer would have some remedies for a willful or negligent violation of this bill’s disclosure requirement

Civil Code section 1102.13 specifies that just the failure to comply with the disclosure provisions of Sections 1102 and 1103 shall not be the sole basis to invalidate the transfer of title of the residential property at issue. However, a person who willfully or negligently fails to comply with the disclosure requirements is liable for any actual damages that a buyer suffers as a result of that violation. (Civ. Code § 1102.13.)

Because this bill is adding a new section to the transfer disclosure provisions, the remedies at Civil Code section 1102.13 would apply to a violation of AB 455’s requirements. Thus, if a seller willfully or negligently fails to provide a written disclosure when they know of the presence of residue from smoking or vaping or a history of smoking or vaping at the home, the buyer may be able to sue the seller for actual damages. However, the buyer would have to prove the failure was willful or negligent, and would not be able to undo the sale, just as they would not be able to do so with any other of the disclosure provisions in Civil Code sections 1102 and 1103.

1. Amendments

The author has agreed to amendments to clarify the bill’s requirements regarding disclosures in transfers of single-family residential properties. A full mock-up of the amendments is attached at the end of this analysis.

SUPPORT

Americans for Nonsmokers’ Rights

San Luis Obispo Tobacco Control Coalition

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: SB 237 (Grayson, 2025) would have required a seller of a single-family residential property to disclose the names and license numbers of any contractors and third parties that worked on the property, and the work that was performed, when the property was rebuilt after the property was destroyed in a disaster and received a certificate of occupancy on or after January 1, 2025. SB 237 was substantially amended in the Assembly to address a different subject.

Prior Legislation:

SB 1366 (Hurtado, Ch. 21, Stats. 2024) required a seller of any real property who received domestic water storage tank assistance or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, to deliver a disclosure statement to the prospective buyer regarding the domestic water storage tank.

SB 382 (Becker, Ch. 443, Stats. 2024) required sellers of single-family residential properties to provide prospective buyers with a notice stating that it may be advisable to obtain an inspection of the home’s electrical systems, and a list of the various safety risks and other potential concerns arising from substandard, recalled, or faulty wiring and limited electrical capacity.

AB 1280 (Maienschein, Ch. 99, Stats. 2023) required that a seller of a single-family residential property located within a fire hazard severity zone disclose whether the property is located in a high or very high fire hazard severity zone, and whether the property is located in a state responsibility area or a local responsibility area.

AB 968 (Grayson, Ch. 95, Stats. 2023) required a seller of a single-family residential property who sells the property within 18 months of when they purchased it to disclose to the prospective buyer specified information regarding any repairs, modifications, or alterations to the property since the seller purchased it. Required the seller to provide a copy of any permit for such alterations, or the information for any third party that provided the alterations if the seller was not given a copy of the permits.

AB 225 (Grayson, Ch. 420, Stats. 2023) required, as existing resources permit or as private resources are made available, the Homeowners' Guide to Environmental Hazards to be updated to include new sections on wildfire, climate change, and sea level rise, as specified.

AB 892 (Holden, Ch. 310, Stats. 2019) revised the form for the real estate transfer disclosure statement, and defined the terms “single-family residential property” and “single-family residential real property,” among other changes.

AB 983 (Bane, Ch. 969, Stats. 1989) required that the Department of Real Estate create The Homeowner’s Guide to Environmental Hazards, also known as the Residential Environmental Hazards Booklet, to inform homebuyers of the environmental risks in and affecting residential property, including asbestos, radon, lead-based paint, formaldehyde, proper storage of fuel and chemicals, and on soil and water contamination, and other environmental hazards.

SB 1406 (Petris, Ch. 1574, Stats. 1985) required specified written disclosures by the seller of real property to the buyer on a transfer disclosure statement, and created a duty for the seller to make a record of compliance with the disclosure requirements.

PRIOR VOTES:

Senate Environmental Quality Committee (Ayes 8, Noes 0)

Assembly Floor (Ayes 71, Noes 0)

Assembly Appropriations Committee (Ayes 15, Noes 0)

Assembly Environmental Safety and Toxic Materials Committee (Ayes 7, Noes 0)

Assembly Judiciary Committee (Ayes 12, Noes 0)

**************

Amendment Mock-ups for AB-455 (Ortega (A))

(Amendments may be subject to technical corrections by Legislative Counsel)

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares both of the following:

(a) “Thirdhand smoke” is the toxic chemical residue left behind by tobacco smoke. It accumulates in carpets, walls, and furniture, becomes embedded in building materials, and persists for years after smoking stops.

(b) Thirdhand smoke-polluted buildings expose occupants to more than 10 toxic chemicals listed in Proposition 65 (1986).

SEC. 2. Section 10084.2 of the Business and Professions Code is amended to read:

10084.2. (a) As existing resources permit, or as private resources are made available, the Homeowners’ Guide to Environmental Hazards prepared pursuant to Section 10084.1, updated pursuant to Sections 13261, 25417, and 25417.1 of the Health and Safety Code, and as required to be updated pursuant to Section 25417.2 of the Health and Safety Code, shall be updated to include three new sections on wildfires, climate change, and sea level rise.

(b) The Department of Toxic Substances Control shall seek the advice and assistance of departments within the Natural Resources Agency in the writing of the booklet to determine the contents of the booklet prepared pursuant to this section.

SEC. 3. Section 1102.6k is added to the Civil Code, to read:

1102.6k. (a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential property subject to this article who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.

(b) For the purposes of this section:

(1) “smoking tobacco or nicotine products” includes the use of an electronic cigarette or vape device for inhaling an aerosol;

(2) “residue from smoking tobacco or nicotine products” means a chemical accumulation resulting from the smoking of tobacco or nicotine products, and may be indicated by the smell of tobacco smoke or by test results that indicate elevated levels of nicotine on surfaces or in dust.

SEC. 4. Section 25417.2 is added to the Health and Safety Code, to read:

25417.2. (a) For purposes of this section, “thirdhand smoke” means the toxic chemical residue left behind by tobacco smoke.

(b) The Department of Toxic Substances Control shall update the Homeowners’ Guide to Environmental Hazards created pursuant to Section 10084.1 of the Business and Professions Code, updated pursuant to Sections 13261, 25417, and 25417.1, and as required to be updated pursuant to Section 10084.2 of the Business and Professions Code, to include a new section on thirdhand smoke, in accordance with both of the following:

(1) To offset the costs associated with updating the guide, the Department of Toxic Substances Control shall delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, which shall use existing center personnel and research resources, to the extent those resources are available.

(2) The Department of Toxic Substances Control shall review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on all of the following:

(A) Thirdhand smoke as a common environmental hazard that is located on, and affects, real property.

(B) The significance of thirdhand smoke as a common environmental hazard and what can be done to mitigate this hazard.

(C) Sources that can provide more information on thirdhand smoke as a common environmental hazard for the consumer.

1. U.S. Dept. of Health & Hum. Svcs., The Health Consequences of Smoking – 50 Years of Progress: A Report of the Surgeon General, Centers for Disease Control (2014). ↑

2. Peyton Jacob III et al., “Thirdhand Smoke: New Evidence, Challenges, and Future Directions,” (Jan. 17, 2017) Chem. Res. Toxicol. Vol. 30 No. 1, p. 270, https://pmc.ncbi.nlm.nih.gov/articles/PMC5501723/. ↑

3. Center of Tobacco & the Environment, Brief Overview of the Impacts of Thirdhand Smoke on Human Health, San Diego State University (Mar. 5, 2025). ↑

4. Id. ↑

5. Id. ↑

6. Id.; Georg E. Matt et al., “Policy-relevant differences between secondhand and thirdhand smoke: strengthening protections from involuntary exposure to tobacco smoke products,” (Jun. 1, 2023) Tobacco Control Vol. 33, p. 798. ↑

Date of Hearing: May 14, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 455

Author:(Ortega) – As Introduced Ver:February 6, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Toxic Substances Control (DTSC) to update the Homeowners’ Guide to Environmental Hazards to include a section on thirdhand smoke.

The bill requires DTSC to delegate the responsibility for the guide update to the Center for Tobacco and the Environment at San Diego State University, which shall use its existing personnel and research resources.

The bill also requires the seller of a qualifying residential property who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to a buy of the property.

FISCAL EFFECT:

1. Likely minor costs to DTSC to update the guide, given the bill delegates the substantive work required to another entity.
2. Possible minor costs to the Department of Real Estate to educate consumers and licensees about the new content included in the Homeowner’s Guide to Environmental Hazards, and to update related publications.

COMMENTS:

1. Purpose. According to the author:

Thirdhand smoke refers to the toxic residue left behind by tobacco products. When smoking or vaping takes place inside, particles and gasses expelled into the air absorb into the floors, walls, furniture, and other household surfaces. Thirdhand smoke contains more than 26 chemicals included on the Prop 65 List because they are known to cause cancer and/or reproductive or developmental harm; exposure to thirdhand smoke has been shown to cause a wide range of negative health impacts, including DNA damage, asthma exacerbation, an increased risk of cancer, and a weakened immune system. Currently, Californians looking to buy a home have no way of knowing whether this quiet killer is present in their future home.

1. Background. Existing law requires the Department of Real Estate to prepare the Homeowners’ Guide to Environmental Hazards to provide homeowners and prospective homeowners about environmental hazards that affect residential property, including asbestos, radon gas, lead-based paint, formaldehyde, fuel and chemical storage tanks, water and soil contamination. The guide has been revised several times to include additional information about potential hazards, last in 2023, when the Legislature required DTSC to include in the guide information about wildfires, climate change, and sea level rise as existing resources permit, or as private resource are made available, to cover the costs of doing so. This bill requires another update to the guide pertaining to thirdhand smoke.

Existing law requires a seller of real estate to disclose the presence of any known environmental hazard. This bill requires a residential property owner to make certain disclosures about thirdhand smoke and related activity on their property to a buyer of the property.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: April 29, 2025

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Damon Connolly, Chair

ABPCA Bill Id:AB 455 (

Author:Ortega) – As Introduced Ver:February 6, 2025

SUBJECT: Real estate: environmental hazards: thirdhand smoke

SUMMARY: Provides that it is the sole responsibility of the seller of a single-family residential property to disclose knowledge of thirdhand smoke residue to the buyer; requires the Department of Toxic Substances Control (DTSC) to update the Homeowners’ Guide to Environmental Hazards, to include a section on thirdhand smoke. Specifically, this bill:

1. Makes the following findings and declarations:
2. That "thirdhand smoke" is the toxic chemical residue left by tobacco smoke, and that it accumulates in carpets, walls, and furniture, and becomes embedded in building materials, persisting for years after smoking stops; and,
3. That thirdhand smoke-polluted buildings expose occupants to more than ten toxic chemicals listed under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).
4. Provides that it is the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.
5. Defines "thirdhand smoke" to mean the toxic chemical residue left behind by tobacco smoke.
6. Requires, as existing resources permit, or as private resources are made available, DTSC to update the Homeowners’ Guide to Environmental Hazards to include a new section on thirdhand smoke; requires DTSC to do both of the following:
7. Delegate responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, using existing center personnel and research resources, to offset costs associated with updating the Homeowners’ Guide to Environmental Hazards; and,
8. Review the update proposed by the Center for Tobacco and the Environment, to ensure the update adequately educates and informs consumers on thirdhand smoke as a common environmental hazard; the significance of thirdhand smoke as a common environmental hazard and how hazards can be mitigated; and, sources that can provide more information on thirdhand smoke.

EXISTING LAW:

1. Requires a seller of a single-family residential property or their agent to provide to a prospective buyer a completed Transfer Disclosure Statement (TDS), and various other disclosures. (Civil Code (CIV) § 1102-1102.19)
2. Requires a seller to disclose and describe, as part of the TDS, whether the single-family residence has any significant defects or malfunctions in various components of the home. (CIV § 1102.6.)
3. Requires a seller of any single-family residence to deliver required disclosures:
   1. As soon as practicable before transfer of title, in the case of a sale; and,
   2. As soon as practicable before execution of the contract in the case of a sale by a real property sales contract, a lease together with an option to purchase, or a ground lease coupled with improvements. (CIV § 1102.3)
4. Specifies that no transfer of a single-family residence shall be invalidated solely because of the failure to comply with the disclosure requirements, but that a person who willfully or negligently violates or fails to perform the disclosure duties shall be liable for actual damages. (CIV § 1102.13)
5. Requires the Department of Real Estate (DRE) to develop the Residential Environmental Hazards Disclosure Booklet to educate and inform consumers on the following:
   1. Common environmental hazards that are located on, and affect, real property; the types of common environmental hazards shall include, but not be limited to the following: asbestos, radon gas, lead-based paint, formaldehyde, fuel and chemical storage tanks, and water and soil contamination;
   2. The significance of common environmental hazards and what can be done to mitigate them; and,
   3. Sources that can provide more information on common environmental hazards for the consumer. (Business and Professions Code (BPC) § 10084.1(a))
6. Requires DTSC to seek the advice and assistance of departments within the California Natural Resources Agency in writing the Homeowners' Guide to Environmental Hazards, prepared pursuant to state law pertaining to the Residential Environmental Hazards Disclosure Booklet. (BPC § 10084.2)
7. Specifies that if the Residential Environmental Hazards Disclosure Booklet is delivered to a buyer in connection with the sale of real property, a seller or broker is not required to provide additional information, and that the booklet provides adequate disclosure to the buyer regarding common environmental hazards that can affect real property. (CIV § 2079.7)
8. Prohibits, under Proposition 65, a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual. (Health and Safety Code § 25249.6)

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author:

"Thirdhand smoke refers to the toxic residue left behind by tobacco products. When smoking or vaping takes place inside, particles and gasses expelled into the air absorb into the floors, walls, furniture, and other household surfaces. Thirdhand smoke contains more than 26 chemicals included on the Prop 65 List because they are known to cause cancer and/or reproductive or developmental harm; exposure to thirdhand smoke has been shown to cause a wide range of negative health impacts, including DNA damage, asthma exacerbation, an increased risk of cancer, and a weakened immune system. Currently, Californians looking to buy a home have no way of knowing whether this quiet killer is present in their future home, and research has shown that more than 96% of Californians want to know if the home they are about to buy or rent contains thirdhand smoke. AB 455 will help potential homeowners be more aware of the dangers of thirdhand smoke and aerosols and be fully informed before buying property that may be contaminated with this hazard. AB 455 accomplishes this goal in two ways:

1. AB 455 requires that if the seller of a single-family residential property knows that there is residue from smoking or vaping on the property and/or knows that there has been smoking or vaping on the property, the seller must disclose that knowledge in writing to the buyer of the property.
2. AB 455 requires [DTSC] to update the Homeowners’ Guide to Environmental Hazards to include thirdhand smoke as a hazard."

Thirdhand smoke. According to "Thirdhand Smoke," a 2017 fact sheet from the California Department of Public Health (CDPH; 2017 Fact Sheet), thirdhand smoke is "tobacco smoke residue that remains in indoor environments, reacts with air to make additional pollutants, and re-emits from surfaces back into the air." All tobacco products, including cigarettes, hookah, electronic cigarettes, and smokeless tobacco have been shown to leave nicotine and/or tobacco smoke residue in indoor environments. CDPH refers to thirdhand smoke as a distinct public health problem, and summarizes the following findings from the research literature:

• Smoke from tobacco products sticks to indoor surfaces such as walls, windows, furniture, and floors, and does not simply blow away;
• Thirdhand smoke sticks to skin, hair, and clothing, and can be transferred into environments where smoking is not allowed;
• Layers of thirdhand smoke residue can build up over time on surfaces and in household dust, and can remain in place for years. In places where substantial smoking has occurred, renovations such as replacing wall boards and furnishings may be necessary to reduce thirdhand smoke levels;
• Common cleaning methods such as vacuuming, wiping surfaces, and airing out rooms do not completely remove thirdhand smoke; and,
• People can be exposed to thirdhand smoke via inhalation; skin absorption, when they touch contaminated surfaces; or ingestion, when they place contaminated objects (e.g., eating utensils and toothbrushes) into their mouths. Infants and children may have higher risks of exposure, due to age-specific behaviors such as crawling, mouthing, and active playing near the floor.

Health hazards of thirdhand smoke. In its 2017 Factsheet, CDPH further summarizes the following key findings from research studies on the health impacts of thirdhand smoke:

• Some chemicals found in thirdhand smoke differ from those found in fresh smoke, because thirdhand smoke can change over time and become progressively more toxic;
• Elevated levels of nicotine and cancer-causing chemicals from tobacco in house dust have been found in the homes of former smokers six months after they quit smoking;
• Thirdhand smoke is a source of long-term exposure to harmful pollutants that have been shown to damage human cells and DNA, and may be associated with short- and long-term health problems such as asthma and cancer; and,
• Mice exposed to thirdhand smoke develop health problems in their respiratory, digestive, circulatory, and reproductive systems.

Real estate disclosures. California state law imposes disclosure obligations on sellers of residential real property. Sellers are required to disclose whether the property is located in designated hazard zones, including fault zones, flood zones, and areas of high fire severity. Additional disclosures are mandated when a property is near industrial operations, former military ordnance sites, or abandoned oil and gas wells. State law obligates sellers to disclose, via the TDS, any known significant defects affecting the property’s structural components and systems, including the roof, foundation, plumbing, electrical, and sewer systems. The TDS also includes a checklist of appliances and other fixtures, and requires sellers to answer detailed questions about any known environmental, legal, or physical conditions that may affect the property. Importantly, sellers are only required to disclose information within their actual knowledge; they are not obligated to conduct independent investigations or testing to uncover unknown hazards. Existing law further specifies if a consumer information booklet is delivered to a buyer in connection with the sale of real property, a seller or broker is not required to provide additional information; the booklet is deemed to provide adequate disclosure to the buyer regarding common environmental hazards that can affect real property. The Homeowners’ Guide to Environmental Hazards fulfills this requirement.

The Homeowners' Guide to Environmental Hazards: The Homeowners' Guide to Environmental Hazards—referenced in some places in state law as the "Residential Environmental Hazards Booklet"—was originally mandated by AB 983 (Bane, Chapter 969, Statutes of 1989), which required the DRE to prepare a consumer guide on environmental hazards affecting residential property, including asbestos, radon, lead-based paint, formaldehyde, fuel and chemical storage, and soil and water contamination. State law pertaining to the Homeowners' Guide to Environmental Hazards has been updated several times since 1989, most recently by AB 225 (Grayson, Chapter 420, Statutes of 2023), which requires—as existing resources permit, or as private resources are made available—the booklet to be updated to include new sections on wildfires, climate change, and sea level rise.

California's Proposition 65: In 1986, California voters approved a ballot initiative, the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as Proposition 65, to address concerns that "hazardous chemicals pose a serious potential threat to their health and well-being, [and] that state government agencies have failed to provide them with adequate protection…" Proposition 65 requires the state to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. This list, which must be updated at least once a year, currently includes approximately 900 chemicals. Proposition 65 also prohibits businesses from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity, without first giving clear and reasonable warning, which can take the form of product labels or notices. The Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program, including an evaluation of all currently available scientific information on substances considered for placement on the Proposition 65 list.

Several chemicals present in thirdhand smoke are on OEHHA's Proposition 65 list. For example, in the 2017 literature review, "Thirdhand smoke: New evidence, challenges, and future directions," published in Chemical Research in Toxicology, authors report that thirdhand smoke contains chemicals such as nicotine and 4-(N-Nitrosomethylamino)-1-(3-pyridyl)1-butanone (NNK). According to OEHHA, nicotine is listed under Proposition 65 because it can cause birth defects or other reproductive harm; NNK is listed because it can cause cancer.

This bill: AB 455 provides that it is the sole responsibility of the seller of a single-family residential property to disclose knowledge of thirdhand smoke residue to the buyer, and requires DTSC to update the Homeowners’ Guide to Environmental Hazards to include a section on thirdhand smoke. This bill represents a novel step in California’s longstanding policy of requiring disclosures in real estate transactions, and draws upon research showing that thirdhand smoke is human health hazard.

Arguments in support: According to Public Health Advocates:

"'Thirdhand smoke' refers to the toxic residue left behind by tobacco smoke or vape. When smoking or vaping occurs indoors, thirdhand smoke spreads through the HVAC system, accumulates in the carpets, walls, and building materials of a home, and remains there for years, even after the smoking or vaping stops. Thirdhand smoke is hard to remove, requiring deep cleaning at best and professional remediation or renovation at worst. Thirdhand smoke polluted buildings expose occupants to toxic chemicals and carcinogens, including some listed on California’s Prop 65 warnings. Despite these dangers, disclosure of smoking or vaping is not currently required in the sale of residential properties in California, leaving individuals and families unaware of a serious hazard that may be present in their current or future home. AB 455 will require that thirdhand smoke be included in the [Homeowners’ Guide to Environmental Hazards] and will require that all residential property sales include a disclosure if there has been smoking or vaping on the property. These measures will help potential homeowners be more aware of the dangers of thirdhand smoke and be fully informed before buying property that may be contaminated with this hazard."

Arguments in opposition: None on file.

Related legislation:

1) AB 225 (Grayson, Chapter 420, Statutes of 2023). Requires, as existing resources permit, or as private resources are made available, the Homeowners' Guide to Environmental Hazards to be updated and include new sections on wildfire, climate change, and sea level rise, as specified.

REGISTERED SUPPORT / OPPOSITION:

Support

Center for Environmental Health
Cleanearth4kids.org
Public Health Advocates

Opposition

None on file.

Analysis Prepared by: Naomi Ondrasek / E.S. & T.M. / (916) 319-3965

Date of Hearing: April 8, 2025

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

ABPCA Bill Id:AB 455

Author:(Ortega) – As Introduced Ver:February 6, 2025

PROPOSED CONSENT

SUBJECT: Real estate: environmental hazards: thirdhand smoke

KEY ISSUE: In order to better inform prospective homebuyers about the potential health risks associated with toxic chemical residue from smoking and vaping, should sellers be required to disclose known thirdhand smoke contamination in residential real property; and should the state update its Homeowners’ Guide to Environmental Hazards accordingly?

SYNOPSIS

Disclosures play an important role in the sale of single-family homes, serving as a mechanism to provide transparency and opportunity for risk mitigation between sellers and buyers. Disclosures required under existing law range from disclosures regarding the natural hazards impacting the property, such as a property’s presence in fault zones, flood zones, and fire severity areas, to disclosures regarding the individual property itself, such as any known significant defects in the insulation, roof, foundation, plumbing and sewers, and electrical systems, among others.

This measure represents a novel step in California’s longstanding policy of requiring robust disclosures in real estate transactions and draws upon research establishing that thirdhand smoke contains multiple Proposition 65-listed toxicants. The bill requires the Department of Toxic Substances Control (DTSC) to incorporate content on thirdhand smoke into the state’s Homeowners’ Guide in collaboration with the Center for Tobacco and the Environment at San Diego State University. Similar to other required disclosures in real estate transactions, it also places the responsibility on property sellers with actual knowledge of thirdhand smoke contamination to disclose that information to prospective buyers. This measure is supported by Clean Earth 4 Kids, and has no known opposition. In the event of its successful passage out of this Committee, it will be heard by the Assembly Committee on Environmental Safety and Toxic Materials.

SUMMARY: Requires disclosure of thirdhand smoke residue in real estate sales and updates to the Homeowners’ Guide to Environmental Hazards. Specifically, this bill:

1. Finds and declares that “thirdhand smoke” is the toxic chemical residue left by tobacco smoke, and that it accumulates in carpets, walls, and furniture and becomes embedded in building materials, persisting for years after smoking stops.
2. Finds and declares that thirdhand smoke-polluted buildings expose occupants to more than 10 toxic chemicals listed in Proposition 65.
3. Requires the seller of a single-family residential property, who is otherwise required to make disclosures about the property, and who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.
4. Defines “thirdhand smoke” as the toxic chemical residue left behind by tobacco smoke.
5. Requires the Homeowners’ Guide to Environmental Hazards to include information related to thirdhand smoke.
6. Requires the DTSC to update the Homeowners’ Guide to Environmental Hazards to include a new section on thirdhand smoke, as provided.
7. Provides for the DTSC to offset the costs associated with updating the guide by delegating the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University.
8. Requires the DTSC to review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on thirdhand smoke as an environmental hazard, mitigation options, and sources for additional information.

EXISTING LAW:

1. Requires a seller of a single-family residential property or their agent to provide to a prospective buyer a completed Transfer Disclosure Statement (TDS), and various other disclosures. (Civil Code Sections 1102-1102.19. All further statutory reference are to the Civil Code unless otherwise indicated.)
2. Requires the seller of residential real property who has actual knowledge of any former federal or state ordnance locations within the neighborhood area to give written notice of that knowledge as soon as practicable before transfer of title. (Section 1102.15.)
3. Requires a seller to disclose and describe, as part of the TDS, whether the single-family residence has any significant defects or malfunctions in various components of the home, including the electrical systems. (Section 1102.6.)
4. Requires a seller of any single-family residence to deliver required disclosures:
   1. As soon as practicable before transfer of title, in the case of a sale;
   2. As soon as practicable before execution of the contract in the case of a sale by a real property sales contract, a lease together with an option to purchase, or a ground lease coupled with improvements. (Section 1102.3.)
5. Provides that, if any information disclosed is subsequently rendered inaccurate as a result of any act, occurrence, or agreement after the disclosure is delivered it does not constitute a violation of the disclosure requirements. (Section 1102.5.)
6. Allows that any disclosure may be amended in writing by the seller or their agent as soon as practicable. (Section 1102.9.)
7. Requires that disclosures are delivered to a prospective buyer by personal delivery or by mail, and allows delivery to the prospective buyer’s spouse. (Section 1102.10.)
8. Specifies that no transfer of a single-family residence shall be invalidated solely because of the failure to comply with the disclosure requirements, but that a person who willfully or negligently violates or fails to perform the disclosure duties shall be liable for actual damages. (Section 1102.13.)
9. Authorizes the Real Estate Commissioner (commissioner) of the Department of Real Estate (DRE) to prepare the Residential Environmental Hazards Disclosure Booklet (booklet) to educate and inform consumers on common environmental hazards that are located on, and affect, real property. (Business and Professions Code Section 10084.)
10. Allows the costs of preparation and distribution of the booklet to be paid from the Real Estate Fund for education and research. (Ibid.)
11. Permits the commissioner to produce and make available copies of the booklet upon request of sellers, buyers, and real estate licensees for a fee that is equal to the cost of preparation and distribution; requires the collected fees to be paid into the education and research account of the Real Estate Fund. (Business and Professions Code Section 10084.)
12. Directs the DRE to appropriate funds from the Education and Research Account in the Real Estate Fund for the development of the Residential Environmental Hazards Disclosure Booklet to educate and inform consumers on the following:
    1. Common environmental hazards that are located on, and affect, real property. The types of common environmental hazards shall include, but not be limited to the following: asbestos, radon gas, lead-based paint, formaldehyde, fuel and chemical storage tanks, and water and soil contamination.
    2. The significance of common environmental hazards and what can be done to mitigate these hazards.
    3. What sources can provide more information on common environmental hazards for the consumer. (Business and Professions Code Section 10084.1(a).)
13. Requires the DRE to seek advice and assistance in determining the contents of the booklet from the Department of Health Services, which is now the Department of Public Health. (Business and Professions Code Section 10084.1(b).)
14. Specifies that if a booklet is delivered to a buyer in connection with the sale of real property, a seller or broker is not required to provide additional information, and that the booklet provides adequate disclosure to the buyer regarding, common environmental hazards that can affect real property. (Section 2079.7.)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: Disclosures play an important role in the sale of single-family homes, serving a mechanism of transparency and risk mitigation between sellers and buyers. Disclosures required under existing law range from disclosures to potential buyers regarding the natural hazards impacting the property, such as a property’s presence in fault zones, flood zones, and fire severity areas to disclosures regarding the individual property itself, such as any known significant defects in the insulation, roof, foundation, plumbing and sewers, and electrical systems, among others.

This measure represents a novel step in California’s longstanding policy of requiring robust disclosures in real estate transactions and draws upon research establishing that thirdhand smoke contains multiple Proposition 65-listed toxicants. The bill requires the Department of Toxic Substances Control (DTSC) to incorporate content on thirdhand smoke into the state’s Homeowners’ Guide in collaboration with the Center for Tobacco and the Environment at San Diego State University. Similar to other required disclosures in real estate transactions, it also places the responsibility on property sellers with actual knowledge of thirdhand smoke contamination to disclose that information to prospective buyers.

As explained by the author:

Thirdhand smoke refers to the toxic residue left behind by tobacco products. When smoking or vaping takes place inside, particles and gasses expelled into the air absorb into the floors, walls, furniture, and other household surfaces. Thirdhand smoke contains more than 26 chemicals included on the Prop 65 List because they are known to cause cancer and/or reproductive or developmental harm; exposure to thirdhand smoke has been shown to cause a wide range of negative health impacts, including DNA damage, asthma exacerbation, an increased risk of cancer, and a weakened immune system. Currently, Californians looking to buy a home have no way of knowing whether this quiet killer is present in their future home, and research has shown that more than 96% of Californians want to know if the home they are about to buy or rent contains thirdhand smoke. AB 455 will help potential homeowners be more aware of the dangers of thirdhand smoke and aerosols and be fully informed before buying property that may be contaminated with this hazard. AB 455 accomplishes this goal in two ways:

1. AB 455 requires that if the seller of a single-family residential property knows that there is residue from smoking or vaping on the property and/or knows that there has been smoking or vaping on the property, the seller must disclose that knowledge in writing to the buyer of the property.
2. AB 455 Requires the Dept. of Toxic Substances Control to update the Homeowners’ Guide to Environmental Hazards to include thirdhand smoke as a hazard.

Thirdhand smoke. Thirdhand smoke is a pervasive and persistent form of tobacco pollution that poses significant health risks long after active smoking has ceased. Unlike secondhand smoke, which dissipates after a cigarette is extinguished, thirdhand smoke consists of toxic residues and chemical byproducts that cling to surfaces such as carpets, walls, ceilings, upholstery, and dust. According to data from the Thirdhand Smoke Resource Center, tobacco residues include carcinogenic and mutagenic compounds—particularly tobacco-specific nitrosamines—that can reemit into the air or react with ambient indoor pollutants to form additional toxicants. The Center further emphasizes that thirdhand smoke accumulates over time and persists in indoor environments for months or years, posing disproportionate risks to infants, children, pets and vulnerable populations who come into contact with contaminated surfaces, dust, and materials. (What do we know about the health risks of thirdhand smoke? https://thirdhandsmoke.org/what-do-we-know-about-the-health-risks-of-thirdhand-smoke-2/ (as of Apr. 1, 2025).) These findings underscore that thirdhand smoke is not merely cosmetic or olfactory in nature, but rather constitutes a bona fide environmental health hazard with significant implications for real property and residential habitability.

This bill is scheduled to be heard by the Committee on Environmental Safety and Toxic Materials (ESTM) in the event of its successful passage out of this committee. ESTM’s primary jurisdictions are toxic substances and hazardous materials, hazardous waste regulation, drinking water regulation, and pesticides, and it is thus best equipped to evaluate the data regarding thirdhand smoke and the dangers it poses.

Real estate disclosures & actual knowledge. Given California’s exposure to a wide range of natural and environmental hazards, state law imposes comprehensive disclosure obligations on sellers of residential real property. Sellers are required to disclose whether the property is located in designated hazard zones, including fault zones, flood zones, and areas of high fire severity. Additional disclosures are mandated when a property is near industrial operations, former military ordnance sites, or abandoned oil and gas wells. The Transfer Disclosure Statement (TDS), required under Civil Code Section 1102.6, obligates sellers to disclose any known significant defects affecting the property’s structural components and systems, including the roof, foundation, plumbing, electrical, and sewer systems. The TDS also includes a checklist of appliances and other fixtures, and requires sellers to answer detailed questions about any known environmental, legal, or physical conditions that may affect the property. Importantly, sellers are only required to disclose information within their actual knowledge; they are not obligated to conduct independent investigations or testing to uncover unknown hazards. Existing law further specifies if a consumer information booklet is delivered to a buyer, in connection with the sale of real property, a seller or broker is not required to provide additional information, the booklet is deemed to provide adequate disclosure to the buyer regarding common environmental hazards that can affect real property. The Homeowners’ Guild to Environmental Hazards fulfills this requirement.

The Residential Environmental Hazards Booklet was originally mandated by AB 983 (Bane, Chap. 969, Stats. 1989), which required the Department of Real Estate (DRE) to prepare a consumer guide on environmental hazards affecting residential property, including asbestos, radon, lead-based paint, formaldehyde, fuel and chemical storage, and soil and water contamination. The legislation appropriated money from the Education and Research Account of the Real Estate Fund to support its preparation and authorized DRE to charge a fee to defray costs. The original edition was developed jointly by DRE and the Department of Health Services (now the Department of Health Care Services). The booklet was subsequently updated via AB 2753 (Sher, Chap. 264, Stats. 1994), which led to the 2005 edition prepared by the Department of Toxic Substances Control (DTSC) in collaboration with the California Air Resources Board and the Department of Health Services, and expanded to include lead-based paint hazards. SB 183 (Lowenthal, Chap. 19, Stats. 2010) required the addition of content on carbon monoxide exposure. AB 225 (Grayson, Chap. 420, Stats. 2023) required—as existing resources permit, or as private resources are made available—for the booklet to be updated to include new sections on wildfires, climate change, and sea level rise. It also directs the Department of Public Health to consult with departments within the Natural Resources Agency to help determine the updated contents.

This bill makes findings and declarations regarding the risks posed by thirdhand smoke, and adds thirdhand smoke to the list of environmental hazards about which homeowners must be educated via the Homeowners’ Guide to Environmental Hazards. It also requires that sellers disclose actual knowledge of such contamination in single-family residential real property transactions.

ARGUMENTS IN SUPPORT: Clean Earth 4 Kids, explains the risk of thirdhand smoke:

Thirdhand smoke is the toxic residue that remains on surfaces after smoking or using a vape.

This residue sticks to furniture, windows, walls, and floors, as well as skin, hair, and clothing. This allows for toxic residues to be transferred to non-smoking environments. Only four weeks of exposure to thirdhand smoke can be equivalent to the smoke levels in homes of smokers, making it just as harmful as firsthand and secondhand smoke. Thirdhand smoke has the same damaging effects as smoking such as a higher risk of developing lung cancer and asthma. It can also harm the liver, brain, immune system and reproductive system.

Thirdhand smoke can be just as deadly as smoking cigarettes. Children are especially susceptible to the health effects of thirdhand smoke from crawling, putting non-edible objects in their mouths, and spending more time indoors. Everyone is at risk from the toxicity of secondhand and thirdhand smoke, not just smokers.

REGISTERED SUPPORT / OPPOSITION:

Support

Center for Environmental Health
Cleanearth4kids.org

Opposition

None on file

Analysis Prepared by: Shiran Zohar / JUD. / (916) 319-2334