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
Senator
MA
The "Fueling Alternative Transportation with a Carbon Aviation Tax Act of 2025" increases excise taxes on fuel used by private jets and eliminates certain air transportation excise tax exemptions. It establishes the "Funding to Support Clean Communities Trust Fund," which will be funded by the increased taxes and used for grants and activities that deploy air quality monitoring systems, improve public transit and passenger rail infrastructure near airports, and improve public transportation in disadvantaged communities. At least 50% of the funds must be used for projects in disadvantaged communities, prioritizing those most affected by air pollution.
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.
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.
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:
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.