PolicyBrief
S. 173
119th CongressJan 21st 2025
Fueling Alternative Transportation with a Carbon Aviation Tax Act of 2025
IN COMMITTEE

The "Fueling Alternative Transportation with a Carbon Aviation Tax Act of 2025" increases excise taxes on private jet fuel to fund air quality monitoring and public transportation improvements, prioritizing disadvantaged communities.

Edward "Ed" Markey
D

Edward "Ed" Markey

Senator

MA

LEGISLATION

Private Jet Fuel Tax Hike Funds Air Quality and Transit Boost, Starting 2026

The "Fueling Alternative Transportation with a Carbon Aviation Tax Act of 2025" aims to tackle air pollution and improve public transit, especially for communities near airports that often bear the brunt of air traffic pollution. It does this by significantly increasing taxes on fuel used by private jets, while directing that money into a new trust fund focused on environmental and transportation upgrades.

Sky-High Taxes for Private Jets

Starting January 1, 2026, the bill jacks up the excise tax on fuel used in private aviation. We're talking a jump to 35.9 cents per gallon, plus an additional $1.641 per gallon. That extra $1.641 will also be adjusted for inflation each year after 2026, keeping pace with the cost of living (SEC. 2). For comparison, commercial aviation fuel will remain taxed at 4.3 cents per gallon. To put this into perspective, if a private jet owner currently pays, say, $500 in fuel taxes for a trip, under this new law, that tax bill could jump significantly, potentially adding hundreds, if not thousands, of dollars to the cost of each flight, depending on the type of fuel and the size of the aircraft.

There's a temporary "reasonable cause" clause (SEC. 2) that lets the Secretary give refunds on this tax increase if there's a good reason, but that ends on January 1, 2028. It’s a bit vague what constitutes “reasonable cause”, and that might be a loophole to watch. The bill also removes a tax break (SEC. 2) for some aircraft involved in forestry, unless they don't use federally-funded airport facilities.

Funding to Support Clean Communities Trust Fund

The money generated from these higher taxes will go into a new "Funding to Support Clean Communities Trust Fund" (SEC. 3), also starting in 2026. This fund is earmarked for several key areas:

  • Air Quality Monitoring: Installing and maintaining various types of air quality monitoring systems, including fenceline monitoring (which tracks pollution right at the source), screening systems, national trend stations, and community-based monitoring. This could mean, for example, that communities near airports could see more real-time data on the pollution levels they're experiencing.
  • Expanding the Monitoring Network: Adding new air quality monitoring stations across the country.
  • Maintaining Existing Monitors: Keeping current air quality monitors in good working order.
  • Sensors in Low-Income/Disadvantaged Areas: Deploying air quality sensors specifically in low-income and disadvantaged communities (defined as areas where at least 30% of the population has a household income at or below 80% of the area's median income or 200% of the federal poverty line, whichever is higher) (SEC. 3). This should provide more granular data on pollution levels in areas that often suffer the most.
  • Public Transit Improvements: Funding improvements to public transit and passenger rail within 20 miles of airports. This could translate to better bus routes, more frequent train service, or upgrades to existing infrastructure.
  • Focus on Disadvantaged Communities: At least 50% of the trust fund must be used for projects in disadvantaged communities, prioritizing those most impacted by air pollution (SEC. 3). This could mean, for instance, that a neighborhood near an airport with a high poverty rate and a history of respiratory illnesses could see significant investment in cleaner buses or better transit connections.

Real-World Impact and Potential Hitches

This bill essentially makes private jet travel more expensive and uses that money to improve air quality and public transit, with a strong focus on helping communities that have historically been disproportionately affected by pollution. While the bill's intentions seem good, there are a few potential challenges. The "reasonable cause" provision for tax refunds could be open to interpretation. Also, ensuring that funds allocated to "disadvantaged communities" actually reach the intended recipients will require careful oversight and a clear definition of what constitutes a "disadvantaged community." The bill defines this, but real-world application can get tricky. The bill sponsor, Ed, has received donations from various entities, creating potential conflicts of interest, as these entities might either benefit from the bill's environmental and infrastructure spending or be negatively impacted by increased aviation taxes.