MARKET CHOICE Act
The MARKET CHOICE Act would replace several current fuel taxes with a comprehensive, economy-wide greenhouse gas (GHG) emissions tax structure. It creates three streams of taxes: (1) a tax on fossil fuels based on the GHGs that would be emitted when they’re burned, (2) a tax on GHG emissions from certain industrial processes, and (3) a tax on GHG emissions from specific product uses. The initial rate starts at $40 per metric ton of CO2-equivalent emissions in 2027 and would grow annually, tied to the previous year’s rate plus a CPI-based increase and a 5 percentage-point uplift, with potential additional adjustments if overall emissions exceed established targets. The bill also imposes border adjustments to minimize “carbon leakage” (shifting production to countries with laxer rules) and to rebates exporters, while funding infrastructure through a dedicated Rise infrastructure fund. In parallel, it repeals several federal fuel taxes, creates a National Climate Commission, provides assistance to workers displaced in the energy sector, and makes related amendments to environmental laws. In short, the bill moves the United States toward a broad, emission-based tax system intended to raise revenue for infrastructure, reduce greenhouse gas emissions, and prevent competitive distortions from domestic carbon costs through border and revenue-sharing mechanisms.
Key Points
- 1New greenhouse gas tax structure (Sections 9901-9907): A tax on combusted fossil fuels, on GHG emissions from certain industrial processes, and on GHG emissions from certain product uses. The rate starts at $40 per metric ton of CO2e in 2027 and escalates yearly with CPI plus a specified uplift; rate can be adjusted based on aggregate emissions against a predefined schedule.
- 2Three coverage streams and point of taxation:
- 3- Fossil fuels produced or imported (taxed at the point of taxation, e.g., mine mouth for coal, refinery exit for petroleum, or point of first entry for imports).
- 4- Industrial processes (taxes on emissions from listed source categories such as iron/steel, cement, refineries, chemical production, etc.).
- 5- Product uses (taxes on the emissions associated with certain manufactured products when used as intended, with a specified list and rules for additions/removals).
- 6Border adjustments and international considerations (Section 9911-9914): A border tax adjustment framework that taxes imports of covered goods equivalent to the domestic tax and rebates taxes on exported covered goods, designed to reduce carbon leakage and preserve export competitiveness. It includes definitions for covered goods, eligible sectors, and the process for notifying foreign countries and updating eligible sectors.
- 7Revenue use and funding mechanisms: Establishes the Rebuilding Infrastructure and Solutions for the Environment (RISE) Trust Fund to receive and allocate revenues for infrastructure projects, with provisions for state grants and related spending; repeals certain federal motor vehicle and aviation fuel taxes; creates a National Climate Commission to oversee policy and implementation.
- 8Worker transition and related policies: Provides targeted assistance to workers displaced in the energy sector and aligns with environmental policy through amendments to existing laws (including the Clean Air Act), while affirming no preemption of state laws in the relevant sections.
- 9Administration and compliance: Requires calculators and methodologies for determining taxable emissions (in consultation with DOE and EPA), penalties for nonpayment, and credits for state payments to avoid duplicative taxation.
- 10Effective date and regulations: Applies to emissions after the later of December 31, 2025, and one year after implementing regulations are issued; regulations must be published before taxes can be collected for a given year.