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Senate advances wildfire abatement bill, authorizes up to 80% tax exemption with county opt-out

Utah State Senate · March 4, 2020
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Summary

The Utah Senate on March 4 advanced second substitute SSB134, creating a one-year property-tax exemption—up to 80% of taxable value—for homeowners who complete specified wildfire-abatement activities; counties can reduce or eliminate the exemption by ordinance and the Division of Forestry and Fire will identify qualifying parcels.

The Utah Senate moved forward on a bill aimed at encouraging homeowner wildfire-mitigation work, adopting second substitute Senate Bill 134 on the floor March 4.

Sponsor Senator Hemmert told the chamber the bill uses a "carrot" approach: the Division of Forestry and Fire would identify high-risk parcels and publish qualifying abatement activities; homeowners who submit receipts and documentation would receive a certificate, and that certificate could be used to take a property-tax exemption for one year. "If a homeowner chooses to spend money completing those abatement activities on their property... the division will then send a certificate back to that homeowner saying you qualified for this tax exemption," Hemmert said during floor remarks.

The bill establishes a default maximum exemption of "up to an 80% exemption on your property tax," Hemmert said, but it preserves local control: counties may, by ordinance, reduce the available exemption from 80% down to 20% or to 0% altogether.

Senators pressed the sponsor on fiscal and technical details. Senator Hilliard asked specifically about a fiscal note; the sponsor stated the fiscal note for the substitute is $0 and that the bill was narrowed in committee. Several senators sought clarification about the bill's tax baseline. Senator Bramble and others asked whether the exemption would apply to assessed value or to the taxable value after the principal-residence exclusion. Hemmert clarified that the exemption applies to the taxable value (the 55% figure after the principal-residence exclusion), saying: "It is the 55%." The sponsor emphasized the bill is not intended to create a refundable credit.

The sponsor said the policy aims to reduce long-run costs from wildfire damage, citing research he described as showing "for every dollar spent on abatement, you can save up to $100 on post fire cleanup costs and damages." He told senators the division and local fire marshals already make annual assessments that will be used to determine qualifying activities.

The bill passed the Senate and was sent to the House for consideration; the companion constitutional amendment (second substitute SJR10) that would align the constitutional language with SSB134 was also advanced on the floor.

Next steps: the bill and its companion resolution move to the House for consideration and any further action there.