[Congressional Record Volume 171, Number 86 (Wednesday, May 21, 2025)]
[Senate]
[Pages S3077-S3079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2242. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill S. 1582, to provide for the regulation of
payment stablecoins, and for other purposes; which was ordered to lie
on the table; as follows:
Add at the end the following:
SEC. 20. EMISSIONS FROM POWER CONSUMPTION OF DATA CENTERS AND
CRYPTOMINING FACILITIES.
(a) Amendment.--Part A of title I of the Clean Air Act (42
U.S.C. 7401 et seq.) is amended by adding at the end the
following:
``SEC. 139. EMISSIONS FROM POWER CONSUMPTION OF DATA CENTERS
AND CRYPTOMINING FACILITIES.
``(a) Definitions.--In this section:
``(1) Covered facility.--The term `covered facility' means
a data center or cryptomining facility that has more than 100
kilowatts of installed information technology nameplate
power.
``(2) Cryptomining facility.--The term `cryptomining
facility' means a facility used to mine or create
cryptocurrencies or other blockchain based digital assets,
which may be--
``(A) a freestanding structure; or
``(B) a facility within a larger structure that uses
environmental control equipment to maintain the proper
conditions for the operation of electronic equipment.
``(3) Data center.--The term `data center' has the meaning
given the term in section 453(a) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17112(a)).
``(4) Electric utility.--The term `electric utility' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
``(5) Region.--The term `region' means a geographic region
described in the National Transmission Needs Study of the
Department of Energy, dated October 30, 2023.
``(b) Annual Data Collection of Energy Consumption of Data
Centers and Cryptomining Facilities.--
``(1) In general.--The Administrator, in conjunction with
the Administrator of the Energy Information Administration,
shall annually collect--
``(A) the information described in paragraph (2) from the
owners of covered facilities, including federally owned data
centers located within the United States and territories of
the United States; and
``(B) the information described in paragraph (3) from the
electric utilities that serve covered facilities.
``(2) Information described for covered facilities.--The
information referred to in paragraph (1)(A), with respect to
a covered facility, is--
``(A) the location of the covered facility, including in
which balancing authority area the covered facility is
located;
``(B) whether the covered facility is a data center or a
cryptomining facility;
``(C) the owner of the covered facility;
``(D) the electric utility, if any, that provides power to
the covered facility;
``(E) the total annual electricity consumption of the
covered facility;
``(F) the total annual electricity consumed by the covered
facility from electricity generation assets located behind
the power meter of the covered facility;
``(G) subject to paragraph (5), the percentage of
electricity consumed annually by the covered facility from
electricity generation assets located behind the power meter
of the covered facility that is generated from wind, solar,
hydropower, nuclear, coal, gas, and any other power source;
``(H) the terms of any power purchase agreements or other
contractual mechanisms for procuring power from an
electricity generator that the covered facility is party to;
and
``(I) any other relevant information, as reasonably
determined by the Administrator and the Administrator of the
Energy Information Administration.
``(3) Information described for electric utilities.--The
information referred to in paragraph (1)(B), with respect to
each covered facility served by an electric utility, is--
``(A) the total annual electricity consumed by the covered
facility from the electric grid;
``(B) subject to paragraph (4), the percentage of
electricity consumed annually by the covered facility from
the electric grid that is generated from wind, solar,
hydropower, nuclear, coal, gas, and any other power source;
``(C) the rates charged by the electric utility for each
class of electric consumer for the current year and each of
the 3 prior years; and
``(D) any other relevant information, as reasonably
determined by the Administrator and the Administrator of the
Energy Information Administration.
``(4) Electricity consumed from the electric grid.--For
purposes of collecting the information described in paragraph
(3)(B) with respect to a covered facility--
``(A) the Administrator, in conjunction with the
Administrator of the Energy Information Administration, shall
consider the average resource mix of the electric utilities
that serve the covered facility to be the resource mix for
the portion of electricity consumed annually from the
electric grid by a covered facility that is not described in
subparagraph (B); and
``(B) if the covered facility or the owner of the covered
facility is party to a power purchase agreement or other
contractual mechanism for procuring power from an electricity
generation asset (such as the voluntary higher rate described
in subsection (c)(4)(C)(iii)(I)(aa)), or purchases and
retires energy attribute certificates, the Administrator, in
conjunction with the Administrator of the Energy Information
Administration, shall consider the electricity generation
represented by those instruments as part of the electricity
consumed annually by the covered facility from the electric
grid only if the owner of the covered facility can
demonstrate that--
``(i)(I) the electricity generation asset began commercial
operations not more than 36 months before the date on which
operations began at the covered facility;
``(II) the electricity generation asset would otherwise be
retired and the retirement could not be prevented by the use
of existing public funding programs;
``(III) the electricity provided by the electricity
generation asset would otherwise be curtailed;
``(IV) the power that the electricity generation asset
provides to the covered facility resulted from an uprate that
occurred not more than 36 months before the date on which
operations began at the covered facility;
``(V) the power purchase agreement or other contractual
mechanism was finalized before the date of enactment of this
section; or
``(VI)(aa) the electricity generation asset has undergone
or will undergo a retrofit that reduces the greenhouse
emissions intensity of the electricity generation asset,
expressed in terms of metric tons of carbon dioxide-
equivalent of greenhouse gases per kilowatt-hour, by not less
than 75 percent, as compared to before the retrofit; and
``(bb) the retrofit otherwise would not have occurred, even
after the use of existing public funding programs, without
the power purchase agreement or other contractual mechanism;
``(ii) the electricity is generated--
``(I) in the same calendar year as the electricity is
consumed by the covered facility, in the case of electricity
that is generated before January 1, 2028; and
``(II) in the same hour as the electricity is consumed by
the covered facility or an energy storage asset that serves
the covered facility, in the case of electricity that is
generated after December 31, 2027;
``(iii)(I) the electricity generation asset that produced
the electricity is electrically interconnected to a balancing
authority located in the same region as the covered facility;
or
[[Page S3078]]
``(II) the owner of the electricity generation asset can
demonstrate that the power produced by the electricity
generation asset is physically delivered to the covered
facility, as determined by the Administrator, in coordination
with the Secretary of Energy; and
``(iv) the electricity generation represented by the power
purchase agreement or other contractual mechanism for
procuring power from an electricity generation asset are
claimed exclusively by the covered facility through the
retirement of an equivalent quantity of energy attribute
certificates.
``(5) Electricity consumed from assets behind the meter.--
For purposes of collecting the information described in
paragraph (2)(G) with respect to a covered facility--
``(A) the Administrator, in conjunction with the
Administrator of the Energy Information Administration, shall
consider the average resource mix of the electric utilities
that serve the covered facility to be the resource mix for
the portion of electricity consumed annually by the covered
facility from electricity generation assets located behind
the power meter of a covered facility that is not described
in subparagraph (B); and
``(B) the Administrator, in conjunction with the
Administrator of the Energy Information Administration, shall
consider the electricity generated by electricity generation
assets located behind the power meter of the covered facility
as part of the electricity consumed annually by the covered
facility from electricity generation assets located behind
the power meter of the covered facility only if--
``(i) the owner of the covered facility can demonstrate
that--
``(I) the electricity generation asset began operations not
more than 36 months before the date on which operations began
at the covered facility; or
``(II) the electricity generation asset would otherwise be
retired and the retirement could not be prevented by the use
of existing public funding programs; or
``(ii) the Administrator determines that the greenhouse gas
emissions intensity, expressed in terms of metric tons of
carbon dioxide-equivalent of greenhouse gases per kilowatt-
hour, of the electricity generation asset is higher than the
greenhouse gas emissions intensity of the electric utilities
that serve the covered facility, based on the average
resource mix of those electric utilities.
``(6) Greenhouse gas emissions intensity.--Based on the
information collected under paragraph (1), for each covered
facility, the Administrator shall determine the greenhouse
gas emission intensity, expressed in terms of metric tons of
carbon dioxide-equivalent of greenhouse gases per kilowatt-
hour, of--
``(A) the total annual electricity consumed by the covered
facility from the electric grid; and
``(B) the total annual electricity consumed by the covered
facility from electricity generation assets located behind
the power meter of the covered facility.
``(7) Publicly available.--The Administrator shall make
publicly available on an annual basis--
``(A) for each covered facility--
``(i) the information described in each of subparagraphs
(A), (B), (C), and (D) of paragraph (2);
``(ii) the percent of electricity consumed annually by the
covered facility that is generated from wind, solar,
hydropower, nuclear, coal, gas, and any other power source;
and
``(iii) the greenhouse gas emissions intensity of the total
annual electricity consumed by the covered facility, as
determined under paragraph (6); and
``(B) for each owner of a covered facility, the aggregate
annual electricity consumption of all covered facilities
owned by that owner.
``(8) Confidential business information.--
``(A) In general.--Except as provided in subparagraph (B),
of the information collected under paragraph (1), the
Administrator and the Administrator of the Energy Information
Administration shall treat the information described in each
of subparagraphs (E) and (F) of paragraph (2) and
subparagraph (A) of paragraph (3) as confidential business
information.
``(B) Exception.--Subparagraph (A) does not apply to
information that is required to be made publicly available
pursuant to paragraph (7)(C).
``(c) Emissions Performance Standard.--
``(1) Definitions.--In this subsection:
``(A) Baseline.--The term `baseline', with respect to a
covered facility in a calendar year, means the baseline of
the region the covered facility is located in for that
calendar year as determined under paragraph (2).
``(B) Greenhouse gas.--
``(i) In general.--The term `greenhouse gas' means the air
pollutants carbon dioxide, any hydrofluorocarbon, methane,
nitrous oxide, any perfluorocarbon, and sulfur hexafluoride.
``(ii) Global warming potential.--For purposes of the term
`methane' in clause (i), the Administrator shall use the 20-
year global warming potential of methane, as determined in
accordance with the Sixth Assessment Report of the
Intergovernmental Panel on Climate Change.
``(2) Determination of baseline.--
``(A) Publication of baseline.--Not later than December 31,
2025, the Administrator shall determine and publish in the
Federal Register the greenhouse gas emissions intensities of
the electric grid of each region, expressed in terms of
metric tons of carbon dioxide-equivalent of greenhouse gases
per kilowatt-hour.
``(B) Initial baseline.--For purposes of calendar year
2026, the baseline of each region shall be the baseline of
that region published under subparagraph (A).
``(C) Baselines through 2034.--For each of calendar years
2027 through 2034, the baseline of each region for that
calendar year shall be determined by reducing the baseline
from the previous calendar year by 11 percent of the baseline
of that region for calendar year 2026.
``(D) Baseline in 2035 and thereafter.--For calendar year
2035 and each calendar year thereafter, the baseline for each
region shall be 0 metric tons of carbon dioxide-equivalent of
greenhouse gases per kilowatt-hour.
``(3) Assessment of fees.--
``(A) Fee on utilities.--
``(i) Imposition of fee on utilities.--Beginning on January
1, 2026, the Administrator shall, in accordance with this
subparagraph and using the information collected under
subsection (b) but subject to subparagraphs (C) and (D),
assess on the owner of any electric utility providing power
to a covered facility a fee with respect to the greenhouse
gas emissions of the electricity consumed by the covered
facility from the electric grid above the baseline of the
region the covered facility is located in for that calendar
year.
``(ii) Amount of fee.--The amount of a fee assessed under
clause (i) with respect to an electric utility for a calendar
year shall be the sum obtained by adding, for each covered
facility served by the electric utility, the product (rounded
to the nearest dollar) obtained by multiplying--
``(I) the total electricity consumed by the covered
facility from the electric grid during the calendar year, as
expressed in kilowatt-hours;
``(II) subject to clause (iii), $20; and
``(III) the amount, if any, that the greenhouse gas
emissions intensity of the electricity consumed by the
covered facility from the electric grid, expressed in terms
of metric tons of carbon dioxide-equivalent of greenhouse
gases per kilowatt-hour, exceeds the baseline of the region
the covered facility is located in for the calendar year.
``(iii) Fee adjustment.--Beginning in calendar year 2027,
the Administrator shall annually increase the amount
described in clause (ii)(II) by the sum obtained by adding--
``(I) the product obtained by multiplying--
``(aa) the applicable amount under clause (ii)(II) during
the previous calendar year; and
``(bb) the rate of inflation, as determined by the
Administrator using the changes for the 12-month period
ending the preceding November 30 in the Consumer Price Index
for All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor; and
``(II) $10.
``(iv) Notification of fee amount.--Not later than January
31, 2027, and not later than January 31 of each calendar year
thereafter, the Administrator shall notify--
``(I) the owner of each electric utility subject to a fee
under clause (i) of the amount of the fee that is assessed
with respect to the electric utility for the previous
calendar year under clause (i); and
``(II) the owner of each covered facility of the total
amount of any fee assessed for the previous calendar year
under clause (i) that is attributable, pursuant to clause
(ii), to the electricity consumed by the covered facility.
``(v) Remittance of fee amount.--A fee assessed under
clause (i) for a calendar year shall be due and payable to
the Administrator not later than March 31 of the calendar
year after the calendar year for which the fee is assessed.
``(vi) Pass-through limitation.--
``(I) In general.--Any electric utility assessed a fee
under clause (i) may not recoup the cost of the fee by
raising rates or assessing fees on any customer that is not a
covered facility.
``(II) Monitoring compliance.--The Administrator, in
conjunction with the Administrator of the Energy Information
Administration, shall use the best available data, including
the information collected pursuant to subsection (b)(1)(B)
and described in subsection (b)(3)(C), to monitor the
compliance of electric utilities with subclause (I).
``(III) Penalty.--If the Administrator, in conjunction with
the Administrator of the Energy Information Administration,
determines that an electric utility has violated subclause
(I), the Administrator shall assess a fine on the electric
utility in an amount equal to 2 times the amount recouped by
the electric utility, as described in subclause (I), from
customers that are not covered facilities.
``(B) Fee on covered facilities.--
``(i) Imposition of fee on covered facilities.--Beginning
on January 1, 2026, the Administrator shall, in accordance
with this subparagraph and using the information collected
under subsection (b) but subject to subparagraphs (C) and
(D), assess on the owner of any covered facility a fee with
respect to the greenhouse gas emissions of the electricity
consumed by the covered facility from electricity generation
assets located
[[Page S3079]]
behind the power meter of the covered facility above the
baseline of the region the covered facility is located in for
that calendar year.
``(ii) Amount of fee.--The amount of a fee assessed under
clause (i) with respect to a covered facility for a calendar
year shall be the product (rounded to the nearest dollar)
obtained by multiplying--
``(I) the total electricity consumed by the covered
facility from electricity generation assets located behind
the power meter of the covered facility during the calendar
year, as expressed in kilowatt-hours;
``(II) subject to clause (iii), $20; and
``(III) the amount, if any, that the greenhouse gas
emissions intensity of the electricity consumed by the
covered facility from electricity generation assets located
behind the power meter of the covered facility, expressed in
terms of metric tons of carbon dioxide-equivalent of
greenhouse gases per kilowatt-hour, exceeds the baseline of
the region the covered facility is located in for the
calendar year.
``(iii) Fee adjustment.--Beginning in calendar year 2027,
the Administrator shall annually increase the amount
described in clause (ii)(II) by the sum obtained by adding--
``(I) the product obtained by multiplying--
``(aa) the applicable amount under clause (ii)(II) during
the previous calendar year; and
``(bb) the rate of inflation, as determined by the
Administrator using the changes for the 12-month period
ending the preceding November 30 in the Consumer Price Index
for All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor; and
``(II) $10.
``(iv) Notification of fee amount.--Not later than January
31, 2027, and not later than January 31 of each calendar year
thereafter, the Administrator shall notify the owner of each
covered facility the amount of the fee that is assessed with
respect to the covered facility for the previous calendar
year under clause (i).
``(v) Remittance of fee amount.--A fee assessed under
clause (i) for a calendar year shall be due and payable to
the Administrator not later than March 31 of the calendar
year after the calendar year for which the fee is assessed.
``(C) Applicability to zero-carbon electricity generation
assets.--This paragraph shall not apply to a covered facility
if the Administrator, in conjunction with the Administrator
of the Energy Information Administration, determines,
pursuant to the information collected under subsection (b),
that the covered facility is powered entirely by zero-carbon
electricity generation assets during all hours of the
operation of the covered facility.
``(D) Alternative baseline.--If the Administrator
determines at any point that the greenhouse gas emissions
intensity of the electric grid of any region falls below the
baseline of that region, during the period beginning on the
date of that determination and ending on the date on which
the Administrator determines that the determination is no
longer applicable, subparagraphs (A) and (B) shall be applied
to covered facilities located in that region by substituting
`greenhouse gas emissions intensity of the electric grid' for
`baseline'.
``(4) Use of funds.--
``(A) Administration.--For fiscal year 2028 and each fiscal
year thereafter, there are appropriated, out of any funds in
the Treasury not otherwise appropriated, to the Administrator
an amount equal to 3 percent of the amounts collected
pursuant to fees and penalties assessed under paragraph (3)
during the previous calendar year to support the
administration of the reporting program under subsection (b)
and the assessment of the fees and penalties under this
subsection.
``(B) Consumer energy costs.--For fiscal year 2028 and each
fiscal year thereafter, there are appropriated, out of any
funds in the Treasury not otherwise appropriated, to the
Administrator an amount equal to 25 percent of the amounts
collected pursuant to fees and penalties assessed under
paragraph (3) during the previous calendar year to award
grants to States, Indian Tribes, municipalities, and electric
utilities to support programs that lower residential
electricity consumer energy costs, such as through energy use
savings or direct rebates, to offset cost increases resulting
from increased data center electricity consumption.
``(C) Clean firm grants.--
``(i) In general.--For fiscal year 2028 and each fiscal
year thereafter, there are appropriated, out of any funds in
the Treasury not otherwise appropriated, to the Administrator
an amount equal to 70 percent of the amounts collected
pursuant to fees and penalties assessed under paragraph (3)
during the previous calendar year to award to eligible
entities, as determined by the Administrator, grants,
rebates, advanced market commitments, or low-interest loans,
as determined appropriate by the Administrator, for the
research, development, demonstration, and deployment of--
``(I) zero-carbon electricity generation assets that are
capable of generating electricity throughout the year, with
the exception of planned outages for maintenance, refueling,
or retrofits, at capacity factors greater than 70 percent; or
``(II) long-duration energy storage assets that are capable
of continuously discharging energy at their rated power
output for at least 10 hours.
``(ii) Application.--An eligible entity seeking an award
under clause (i) shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require.
``(iii) Certification and clawback.--
``(I) Certification.--An eligible entity that receives an
award under clause (i) for the purpose of financing the
construction or operation of an electricity generation asset
or energy storage asset shall certify that any electric
utility selling or contracted to sell electricity generated
or stored by the asset shall--
``(aa) not later than 2 years after the date on which the
eligible entity receives the award, allow the customers of
the electric utility to voluntarily pay a higher rate for the
purchase of electricity service that is sourced from zero-
carbon electricity generation, including long-duration energy
storage assets charged by zero-carbon electricity, in all
hours of the year; and
``(bb) exclusively use the additional amounts collected
pursuant to those higher rates to support the financing,
development, or acquisition of--
``(AA) zero-carbon electricity generation assets that are
capable of generating electricity throughout the year, with
the exception of planned outages for maintenance, refueling,
or retrofits, at capacity factors greater than 70 percent; or
``(BB) long-duration energy storage assets that are capable
of continuously discharging energy at their rated power
output for at least 10 hours.
``(II) Clawback.--If the Administrator determines that a
recipient of an award described in subclause (I) has violated
the certification required under that subclause, the
Administrator shall seek reimbursement of the full amount of
the award from the recipient.
``(d) Applicability to Leased Facilities.--For purposes of
this section--
``(1) if a covered facility is leased to a tenant, the
tenant shall be considered the owner of the facility; and
``(2) if a portion of a covered facility is leased to a
tenant and the leased space also meets the requirements
described in subsection (a)(1)--
``(A) the leased space shall be considered to be a separate
covered facility from the rest of the larger facility; and
``(B) the tenant shall be considered the owner of the
covered facility that comprises the leased space.''.
(b) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section and the
amendments made by this section, and the application of the
provision or amendment to any other person or circumstance,
shall not be affected by the holding.
(c) Effective Date.--Notwithstanding section 19, this
section and the amendments made by this section shall take
effect on the date of enactment of this Act.
______