The Polluters Pay Climate Fund Act of 2025 aims to address climate change impacts by imposing a significant assessment on major fossil fuel companies for their historical greenhouse gas emissions. This legislation targets companies engaged in fossil fuel extraction or crude oil refining that are responsible for over one billion metric tons of covered carbon dioxide emissions between January 1, 2000, and December 31, 2023. The bill asserts that these companies, aware of their product's role in climate change, should contribute to the costs of national climate protection.

Specifically, the bill amends the Internal Revenue Code to impose a tax on these "assessable persons." The tax amount for each company is determined by their proportional share of covered carbon dioxide emissions relative to a total of $1,000,000,000,000. This tax is due by September 30, 2026, though companies may elect to pay it in nine annual installments, with the first installment being 20 percent and subsequent installments being 10 percent each.

The revenue generated from this tax will establish the Polluters Pay Climate Fund within the U.S. Treasury. This fund is designed to support a comprehensive and equitable federal response to climate change impacts. Its primary purposes include investments in climate resilience, adaptation, disaster response, and environmental justice initiatives across the nation.

The fund's expenditures are earmarked for several critical areas. Not less than $15,000,000,000 is allocated to the Federal Emergency Management Agency (FEMA) for climate-related disaster response and resilience programs, including the Building Resilient Infrastructure and Communities program. Additionally, at least $6,000,000,000 is designated for grants and technical assistance under the Clean Air Act, focusing on environmental justice. A significant provision mandates that 40 percent of the amounts appropriated from the Fund each fiscal year must be used for investments that directly benefit environmental justice communities.

Importantly, the Act explicitly states that it does not relieve any person from liability under existing common law or any State or Federal law. It also clarifies that it does not preempt or restrict any State or local laws or claims related to climate change, including allegations of deception, damage, or failure to avoid injury. Furthermore, funds from the Polluters Pay Climate Fund cannot be used as evidence or to offset damages in such legal actions.