I
119THCONGRESS
1
STSESSION H. R. 1135
To impose an assessment related to fossil fuel emissions, to establish the
Polluters Pay Climate Fund, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY7, 2025
Mr. N
ADLER(for himself, Ms. CHU, Ms. CASTORof Florida, Ms. DEANof
Pennsylvania, Ms. O
CASIO-CORTEZ, Ms. TLAIB, Ms. NORTON, Mrs. RAMI-
REZ, Mrs. WATSONCOLEMAN, Ms. LEEof Pennsylvania, Mr. RASKIN,
Ms. S
CHAKOWSKY, Ms. BALINT, Ms. JAYAPAL, Mr. GRIJALVA, Mr.
M
CGOVERN, Mr. JACKSONof Illinois, Mr. JOHNSONof Georgia, Mr. CAR-
SON, and Ms. OMAR) introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committees
on Transportation and Infrastructure, and Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To impose an assessment related to fossil fuel emissions,
to establish the Polluters Pay Climate Fund, and for
other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Polluters Pay Climate 4
Fund Act of 2025’’. 5
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SEC. 2. FINDINGS. 1
Congress finds that— 2
(1) climate change, resulting primarily from the 3
combustion of fossil fuels, is an immediate, grave 4
threat to the communities, environment, and econ-5
omy of the United States; 6
(2) severe consequences of climate change have 7
already materialized in the United States, including 8
rising sea levels, increasing temperatures, extreme 9
weather events, flooding, heat waves, loss of bio-10
diversity, and other climate change-driven ecosystem 11
threats; 12
(3) the Federal Government jointly with States 13
and localities must develop and implement protective 14
measures to counteract the adverse effects of climate 15
change, protect communities, and build resilience to 16
extreme weather; 17
(4) the government response must include pro-18
tections for communities that are most vulnerable to 19
climate change impacts, especially communities of 20
color, low-income communities, and Tribal and In-21
digenous communities that are also more likely to 22
have experienced systemic disinvestment and be 23
overburdened by fossil fuel pollution; 24
(5) the protective measures necessary to re-25
spond to the adverse effects of climate change in the 26
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United States will require trillions of dollars of new 1
investment during the decade after the date of en-2
actment of this Act; 3
(6) climate change related extreme weather 4
events, such as those described in paragraph (2), 5
cost the United States at least $150,000,000,000 6
each year and disproportionately affect underserved 7
and overburdened communities, according to the 8
Fifth National Climate Assessment; 9
(7) the $100,000,000,000 each year that fossil 10
fuel companies are collectively assessed for the Pol-11
luters Pay Climate Fund established in this Act rep-12
resents only a small portion of the total cost to the 13
Federal government to respond to climate change re-14
lated extreme weather events and make needed cli-15
mate change adaptation and resilience investments; 16
(8) peer-reviewed research can now determine 17
with great accuracy the share of carbon dioxide re-18
leased into the atmosphere by the operations and 19
products of specific fossil fuel companies, which is 20
what informs the formulas to determine carbon diox-21
ide emissions that are used in the amendments made 22
by this Act; 23
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(9) the fossil fuel industry has been aware of 1
the central role that their product plays in causing 2
climate change since before the year 2000; 3
(10) the fossil fuel industry must now increase 4
their contribution to government expenditures to 5
protect the Nation from climate disaster; and 6
(11) this Act and assessments under the 7
amendments made by this Act are not intended— 8
(A) to be a determination of fault; or 9
(B) to have any impact on the ability of 10
any person or other government to hold pol-11
luters accountable for harms caused. 12
SEC. 3. TAX RELATING TO CURRENT STOCK OF GREEN-13
HOUSE GAS EMISSIONS. 14
(a) I
NGENERAL.—Chapter 38 of the Internal Rev-15
enue Code of 1986 is amended by adding at the end the 16
following new subchapter: 17
‘‘Subchapter E—Certain Fossil Fuel 18
Emissions 19
‘‘Sec. 4691. Imposition of tax.
‘‘SEC. 4691. IMPOSITION OF TAX.
20
‘‘(a) I
MPOSITION.—Each assessable person shall pay 21
to the Secretary of the Treasury not later than the appli-22
cable payment date a tax in an amount determined under 23
subsection (b). 24
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‘‘(b) DETERMINATION OFAMOUNT.— 1
‘‘(1) I
N GENERAL.—With respect to each as-2
sessable person, the tax under this section shall be 3
equal to an amount that bears the same ratio to 4
$1,000,000,000,000 as— 5
‘‘(A) the assessable person’s applicable 6
share of covered carbon dioxide emissions taken 7
into account under this section, bears to 8
‘‘(B) the aggregate applicable shares of 9
covered carbon dioxide emissions of all assess-10
able persons taken into account under this sec-11
tion. 12
‘‘(2) D
ETERMINATION OF APPLICABLE 13
SHARE.— 14
‘‘(A) I
N GENERAL.—The applicable share 15
of covered carbon dioxide emissions taken into 16
account under this section for any assessable 17
person shall be the excess (if any) of— 18
‘‘(i) the covered carbon dioxide emis-19
sions attributable to such person (deter-20
mined in metric tons), as determined by 21
the Secretary based on product-related car-22
bon dioxide emissions of such person, over 23
‘‘(ii) 1,000,000,000 metric tons. 24
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‘‘(B) ADJUSTMENT.—The Secretary may 1
adjust the amount determined under subpara-2
graph (A)(i) with respect to an assessable per-3
son who is described in subsection (c)(2)(B)(ii) 4
(or who is a successor in interest to a person 5
described in such subsection) if such person es-6
tablishes to the satisfaction of the Secretary 7
that a portion of such amount was— 8
‘‘(i) attributable to the extraction of 9
crude oil by another assessable person who 10
is described in subsection (c)(2)(B)(i) (or a 11
successor in interest to a person described 12
in such subsection), and 13
‘‘(ii) taken into account in deter-14
mining such amount for such other assess-15
able person. 16
‘‘(c) A
SSESSABLEPERSON.—For purposes of this 17
section— 18
‘‘(1) I
N GENERAL.—The term ‘assessable per-19
son’ means— 20
‘‘(A) any person that is described in para-21
graph (2), or 22
‘‘(B) any successor in interest to a person 23
described in paragraph (2). 24
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‘‘(2) PERSON DESCRIBED .—A person is de-1
scribed in this paragraph if such person— 2
‘‘(A) is a United States person or is en-3
gaged in a trade or business within the United 4
States during the period beginning on the date 5
of the enactment of this Act and ending on De-6
cember 31, 2025, 7
‘‘(B) during any part of the covered pe-8
riod, was engaged in the trade or business of— 9
‘‘(i) extracting any fossil fuel, or 10
‘‘(ii) refining any crude oil, and 11
‘‘(C) is determined by the Secretary to be 12
responsible for more than 1,000,000,000 metric 13
tons of covered carbon dioxide emissions. 14
‘‘(3) C
ONTROLLED GROUPS .— 15
‘‘(A) I
N GENERAL.—For purposes of this 16
subsection, all persons treated as a single em-17
ployer under subsection (a) or (b) of section 52 18
or subsection (m) or (o) of section 414 shall be 19
treated as a single assessable person. 20
‘‘(B) I
NCLUSION OF FOREIGN CORPORA -21
TIONS.—For purposes of subparagraph (A), in 22
applying subsections (a) and (b) of section 52 23
to this section, section 1563 shall be applied 24
without regard to subsection (b)(2)(C) thereof. 25
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‘‘(4) JOINT AND SEVERAL LIABILITY .—If more 1
than one person is liable for payment of the tax 2
under subsection (a) with respect to a single assess-3
able person by reason of the application of para-4
graph (3), all such persons shall be jointly and sev-5
erally liable for payment of such tax. 6
‘‘(d) O
THERDEFINITIONS ANDRULES.—For pur-7
poses of this section— 8
‘‘(1) A
PPLICABLE PAYMENT DATE .—The term 9
‘applicable payment date’ means September 30, 10
2026. 11
‘‘(2) C
OVERED CARBON DIOXIDE EMISSIONS .— 12
The term ‘covered carbon dioxide emissions’ means, 13
with respect to any person, the total quantity of car-14
bon dioxide released into the atmosphere during the 15
covered period by reason such person engaging in 16
the trade or business of extracting fossil fuels or of 17
refining crude oil. 18
‘‘(3) C
OVERED PERIOD.—The term ‘covered pe-19
riod’ means the period that— 20
‘‘(A) began on January 1, 2000, and 21
‘‘(B) ended on December 31, 2023. 22
‘‘(4) F
OSSIL FUEL.—The term ‘fossil fuel’ 23
means coal, crude oil, and fuel gases. 24
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‘‘(5) COAL.—The term ‘coal’ means anthracite, 1
bituminous, subbituminous, and lignite coal. 2
‘‘(6) C
RUDE OIL.—The term ‘crude oil’ means 3
oil or petroleum of any kind and in any form, includ-4
ing bitumen, oil sands, heavy oil, conventional and 5
unconventional oil, shale oil, natural gas liquids, con-6
densates, and related fossil fuel liquids. 7
‘‘(7) F
UEL GASES.—The term ‘fuel gases’ 8
means natural gas, associated natural gas, conven-9
tional and unconventional gas, shale gas, and related 10
methane gas production. 11
‘‘(8) D
ETERMINATION OF CARBON DIOXIDE 12
EMISSIONS.—In determining the amount of carbon 13
dioxide emissions with respect to any assessable per-14
son— 15
‘‘(A) an amount equivalent to 942.5 metric 16
tons of carbon dioxide shall be treated as re-17
leased for every 1,000,000 pounds of coal, 18
‘‘(B) an amount equivalent to 432,180 19
metric tons of carbon dioxide shall be treated as 20
released for every 1,000,000 barrels of crude 21
oil, and 22
‘‘(C) an amount equivalent to 54,440 met-23
ric tons of carbon dioxide shall be treated as re-24
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leased for every 1,000,000,000 cubic feet of fuel 1
gases. 2
‘‘(e) E
LECTIONTOPAYLIABILITY ININSTALL-3
MENTS.— 4
‘‘(1) I
N GENERAL.—An assessable person may 5
elect to pay the tax under this section in 9 annual 6
installments of the following amounts: 7
‘‘(A) 20 percent of the tax under this sec-8
tion in the case of the first installment. 9
‘‘(B) 10 percent of the tax under this sec-10
tion in each of the following 8 installments. 11
‘‘(2) D
ATE FOR PAYMENT OF INSTALLMENTS .— 12
If an election is made under paragraph (1), the first 13
installment shall be paid on the applicable payment 14
date and each succeeding installment shall be paid 15
on the same date as the applicable payment date for 16
each calendar year following the calendar year with 17
respect to which the preceding installment was 18
made. 19
‘‘(3) A
CCELERATION OF PAYMENT .—If there is 20
an addition to tax for failure to timely pay any in-21
stallment required under this subsection, a liquida-22
tion or sale of substantially all the assets of the as-23
sessable person (including in a title 11 or similar 24
case), a cessation of business by the assessable per-25
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son, or any similar circumstance, then the unpaid 1
portion of all remaining installments shall be due on 2
the date of such event (or in the case of a title 11 3
or similar case, the day before the petition is filed). 4
The preceding sentence shall not apply to the sale 5
of substantially all the assets of an assessable person 6
to a buyer if such buyer enters into an agreement 7
with the Secretary under which such buyer is liable 8
for the remaining installments due under this sub-9
section in the same manner as if such buyer were 10
the assessable person. 11
‘‘(4) P
RORATION OF DEFICIENCY TO INSTALL -12
MENTS.—If an election is made under paragraph (1) 13
to pay the tax under this section in installments and 14
a deficiency has been assessed with respect to such 15
tax, the deficiency shall be prorated to the install-16
ments payable under paragraph (1). The part of the 17
deficiency so prorated to any installment the date 18
for payment of which has not arrived shall be col-19
lected at the same time as, and as a part of, such 20
installment. The part of the deficiency so prorated 21
to any installment the date for payment of which 22
has arrived shall be paid upon notice and demand 23
from the Secretary. This subsection shall not apply 24
if the deficiency is due to negligence, to intentional 25
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disregard of rules and regulations, or to fraud with 1
intent to evade tax. 2
‘‘(5) E
LECTION.—Any election under paragraph 3
(1) shall be made not later than the applicable pay-4
ment date and shall be made in such manner as the 5
Secretary shall provide. 6
‘‘(6) I
NSTALLMENTS NOT TO PREVENT CREDIT 7
OR REFUND OF OVERPAYMENTS OR INCREASE ESTI -8
MATED TAXES.—If an election is made under para-9
graph (1) to pay the tax under this section in in-10
stallments— 11
‘‘(A) no installment of such tax shall— 12
‘‘(i) in the case of a request for credit 13
or refund, be taken into account as a li-14
ability for purposes of determining whether 15
an overpayment exists for purposes of sec-16
tion 6402 before the date on which such 17
installment is due, or 18
‘‘(ii) for purposes of sections 6425, 19
6654, and 6655, be treated as a tax im-20
posed by section 1, section 11, or sub-21
chapter L of chapter 1, and 22
‘‘(B) the first sentence of section 6403 23
shall not apply with respect to any such install-24
ment. 25
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‘‘(f) REGULATIONS.—Not later than 18 months after 1
the date of enactment of this section, the Secretary shall 2
promulgate such regulations as are necessary to carry out 3
this section.’’. 4
(b) N
ODEDUCTION.—Section 275(a) of such Code 5
is amended by adding at the end the following new para-6
graph: 7
‘‘(7) Taxes imposed by subchapter E of chapter 8
38.’’. 9
(c) C
LERICALAMENDMENT.—The table of sub-10
chapters for chapter 38 of such Code is amended by add-11
ing at the end the following new item: 12
‘‘SUBCHAPTER E—CERTAIN FOSSIL FUEL EMISSIONS ’’.
SEC. 4. POLLUTER PAYS CLIMATE CHANGE FUND.
13
(a) E
STABLISHMENT OF FUND.— 14
(1) I
N GENERAL.—Subchapter A of chapter 98 15
of the Internal Revenue Code of 1986 is amended by 16
adding at the end the following new section: 17
‘‘SEC. 9512. POLLUTERS PAY CLIMATE FUND. 18
‘‘(a) E
STABLISHMENT.—There is established in the 19
Treasury of the United States a trust fund, to be known 20
as the ‘Polluters Pay Climate Fund’ (hereinafter in this 21
section referred to as the ‘Fund’), consisting of amounts 22
as are appropriated or credited to such Trust Fund as 23
provided in this section and section 9602(b). 24
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‘‘(b) TRANSFERS.—There are hereby appropriated to 1
the Fund amounts equivalent to the taxes received in the 2
Treasury under section 4691. 3
‘‘(c) E
XPENDITURESFROM THEFUND.—Amounts in 4
the fund shall be available, as provided in appropriations 5
Acts, for the purpose of making expenditures to carry out 6
the purposes of section 4(b) of the Polluters Pay Climate 7
Fund Act of 2025.’’. 8
(2) C
LERICAL AMENDMENT .—The table of sec-9
tions for subchapter A of chapter 98 of such Code 10
is amended by adding at the end the following new 11
item: 12
‘‘Sec. 9512. Polluters Pay Climate Fund.’’.
(b) EXPENDITURESFROMFUND.— 13
(1) D
EFINITIONS.—In this subsection: 14
(A) A
DMINISTRATOR.—The term ‘‘Admin-15
istrator’’ means the Administrator of the Envi-16
ronmental Protection Agency. 17
(B) E
NVIRONMENTAL JUSTICE COMMU -18
NITY.—The term ‘‘environmental justice com-19
munity’’ means a community with significant 20
representation of communities of color, low-in-21
come communities, or Tribal and Indigenous 22
communities that experiences, or is at risk of 23
experiencing, higher or more adverse human 24
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health or environmental effects as compared to 1
other communities. 2
(C) F
UND.—The term ‘‘Fund’’ means the 3
Polluters Pay Climate Change Fund established 4
under section 9512 of the Internal Revenue 5
Code of 1986. 6
(D) S
ECRETARY.—The term ‘‘Secretary’’ 7
means the Secretary of the Treasury. 8
(2) U
SE OF FUND AMOUNTS .— 9
(A) G
ENERAL PURPOSES.—The Secretary, 10
in consultation with the Administrator and the 11
heads of other relevant agencies, shall use 12
amounts in the Fund for the purposes of fur-13
thering a comprehensive and equitable Federal 14
response to climate change impacts through in-15
vestments in climate resilience, adaptation, dis-16
aster response, and environmental justice, in-17
cluding— 18
(i) climate-related disaster recovery 19
and mitigation support; 20
(ii) climate change adaptation support 21
through climate and disaster planning as-22
sistance, funding for climate-resilient infra-23
structure, and improved climate and ex-24
treme weather prediction capabilities; 25
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(iii) initiatives that increase the cli-1
mate resilience of energy systems through 2
energy efficiency, grid resilience, and dis-3
tributed electricity generation initiatives; 4
(iv) initiatives that increase the cli-5
mate resilience of the food system through 6
support for climate-resilient farming prac-7
tices; 8
(v) initiatives that increase the cli-9
mate resilience of the transportation sys-10
tem through planning and climate change 11
adaptation support; 12
(vi) initiatives that increase the cli-13
mate resilience of ecosystems through con-14
servation, restoration, and wildfire man-15
agement activities; 16
(vii) support for climate-related public 17
health initiatives, including efforts to ad-18
dress extreme heat; and 19
(viii) initiatives that increase the cli-20
mate resiliency of drinking water and 21
stormwater infrastructure. 22
(B) S
PECIFIED USES.—In carrying out 23
subparagraph (A) each fiscal year and to the 24
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greatest extent practicable, the Secretary shall 1
use amounts in the Fund— 2
(i) to provide funding of not less than 3
$15,000,000,000 to the Federal Emer-4
gency Management Agency for response 5
and resilience programs of the Federal 6
Emergency Management Agency to ad-7
dress climate-related disasters, including 8
hurricanes, flooding, extreme heat, and 9
wildfires, of which not less than 10
$3,000,000,000 shall be used to carry out 11
the Building Resilient Infrastructure and 12
Communities program under section 203 13
of the Robert T. Stafford Disaster Relief 14
and Emergency Assistance Act (42 U.S.C. 15
5133); and 16
(ii) to provide funding of not less than 17
$6,000,000,000 for grants and technical 18
assistance under section 138 of the Clean 19
Air Act (42 U.S.C. 7438), subject to the 20
condition that the Administrator may de-21
termine the appropriate amounts to be 22
used for those grants and that technical 23
assistance. 24
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(C) ENVIRONMENTAL JUSTICE SET 1
ASIDE.—Of the amounts appropriated from the 2
Fund each fiscal year, 40 percent shall be used 3
for investments that benefit environmental jus-4
tice communities. 5
(D) S
ELECTION.—For the purpose of de-6
termining how to award amounts appropriated 7
from the Fund in excess of the amounts re-8
quired to be used under subparagraph (B), the 9
Secretary, in coordination with the Adminis-10
trator and the heads of other relevant agencies, 11
shall establish selection criteria, which shall give 12
the highest priority to projects or other activi-13
ties that are most impactful in achieving the 14
purposes described in subparagraph (A), as de-15
termined by the Secretary, in coordination with 16
the Administrator and the heads of other rel-17
evant agencies. 18
SEC. 5. AVAILABILITY OF REMEDIES. 19
(a) I
NGENERAL.—Nothing in this Act or the amend-20
ments made by this Act shall be construed to relieve any 21
person from liability at common law or under any State 22
or Federal law. 23
(b) E
FFECT ON CLAIMSRELATED TO CLIMATE 24
C
HANGE.—Nothing in this Act or the amendments made 25
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by this Act, the Clean Air Act (42 U.S.C. 7401 et seq.), 1
or Federal common law preempts, displaces, or restricts 2
any right or remedy of any person, State, unit of local 3
government, or Tribal government under any State or 4
local law (including common law) relating to an allegation 5
of— 6
(1) deception concerning the effects of fossil 7
fuel on climate change; 8
(2) damage or injury resulting from the role of 9
fossil fuel in contributing to climate change; or 10
(3) the failure to avoid damage or injury re-11
lated to climate change, including claims for nui-12
sance, trespass, design defect, negligence, failure to 13
warn, or deceptive or unfair practices and claims for 14
injunctive, declaratory, monetary, or other relief. 15
(c) R
ULE OFCONSTRUCTION.—Nothing in this Act 16
or the amendments made by this Act shall— 17
(1) require the repayment of any funds made 18
available from the Polluter Pays Climate Change 19
Fund established under section 9512 of the Internal 20
Revenue Code of 1986 and used pursuant to section 21
4(b) as a result of any award of damages imposed 22
by a court of law relating to any causes of action or 23
allegations described in subsection (b); or 24
(2) permit the use of any such funds— 25
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(A) as evidence in such an action or allega-1
tion; or 2
(B) to offset any award of damages in 3
such an action or allegation. 4
SEC. 6. NON-PREEMPTION OF AUTHORITIES. 5
Nothing in this Act or the amendments made by this 6
Act shall be construed to preempt or supersede any State 7
or local law, regulation, policy, or program, including laws, 8
regulations, polices, and programs that— 9
(1) limit, set, or enforce standards for green-10
house gas emissions; 11
(2) monitor, report, and keep records of green-12
house gas emissions; 13
(3) provide cost recovery for climate adaptation, 14
mitigation, or resilience; or 15
(4) conduct or support investigations. 16
Æ
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