Proponents of cap and trade extension state the fire tax is repealed. It is not, AB 398 merely suspends it until 2031. and it can be brought back on a majority vote at any time between now and 2031. As many know, the Howard Jarvis Taxpayers Association (HJTA) has an active lawsuit against the fire tax on the grounds that is is an unconstitutional tax.

Because AB 398 only suspends the fire tax, HJTA’s class action lawsuit will have to continue in an attempt to secure refunds of the fire tax already paid by people for the past five years.. CCTA agrees with Jon Coupal, president of HJTA, who said “while the suspension of the fire tax is a welcome relief for rural property owners, it is a hollow victory at best.”