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HR10467Referred to Committee

To amend the Clean Air Act to require the Environmental Protection Agency to impose and collect a charge on the total annual electricity consumption by certain facilities from the owners or operators of such facilities.

Share:
Introduced
In Committee
3
Passed One Chamber
4
Passed Both
5
Signed into Law
119th
Congress
2026-09-16
Introduced
0
Cosponsors
HR
ⓘ
Type

Sponsor

Paul Tonko
Paul Tonko
Democrat · NY · Representative
Votes with party: 98.3% (663 recorded votes)

Full profile: /officials/T000469

Source: Congress.gov · FEC

Cosponsors (0)

Members who have signed on to support this bill since introduction. Source: Congress.gov.

No cosponsors on record. Bills can pass without cosponsors — this often means the sponsor introduced the bill alone, either because it's a messaging bill, a chairman's mark, or simply early in the legislative cycle.

Latest Action

The most recent step in the bill's legislative path. Committee Activity below shows referrals and reports; the full action-by-action history including floor proceedings lives at Congress.gov →

Referred to the House Committee on Energy and Commerce.

2026-09-16

Source: Congress.gov

Committee Activity

Currently in

  • House Committee on Energy and CommerceReferred To · 2026-09-16

Plain-English Summary

Plain-English summary pending. Introduced on 2026-09-16. Check back soon — summaries are generated as bills progress through Congress.

Full Bill Text

Verbatim text published on Congress.gov via GovInfo. Use Cmd+F / Ctrl+F to search within this excerpt.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 10467 Introduced in House (IH)] <DOC> 119th CONGRESS 2d Session H. R. 10467 To amend the Clean Air Act to require the Environmental Protection Agency to impose and collect a charge on the total annual electricity consumption by certain facilities from the owners or operators of such facilities. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 16, 2026 Mr. Tonko introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Clean Air Act to require the Environmental Protection Agency to impose and collect a charge on the total annual electricity consumption by certain facilities from the owners or operators of such facilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Data Center Fairness Fee Act of 2026''. SEC. 2. CHARGE ON DATA CENTER ELECTRICITY USE. 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. ELECTRICITY CHARGE ON APPLICABLE FACILITIES. ``(a) Applicable Facility Electricity Charge.-- ``(1) In general.--For each calendar year, beginning with calendar year 2027, the Administrator shall impose and collect a charge on the total electricity consumption for such calendar year by an applicable facility from the owner or operator of such applicable facility. ``(2) Charge amount.--The amount of a charge imposed and collected under paragraph (1) for a calendar year for an applicable facility shall be equal to the product obtained by multiplying-- ``(A) the number of kilowatt-hours of electricity consumed by the applicable facility during the calendar year, including electricity consumed from electricity generation assets located behind the power meter of the applicable facility; and ``(B) $0.01. ``(b) Additional Charge for High-Pollution Applicable Facilities.-- ``(1) In general.--For each calendar year, beginning with calendar year 2028, the Administrator shall, in addition to the charge imposed and collected under subsection (a), impose and collect a charge on each applicable facility that consumes electricity that has an average carbon intensity greater than 0.10, from the owner or operator of such applicable facility. ``(2) Charge amount.--The amount of a charge imposed and collected under paragraph (1) for a calendar year for an applicable facility shall be equal to the product obtained by multiplying-- ``(A) the number of kilograms of greenhouse gas emissions, measured in carbon dioxide equivalent emissions, associated with the total electricity consumed by the applicable facility, measured in kilowatt-hours, during the calendar year; and ``(B) $0.05. ``(3) Calculation of greenhouse gas emissions.-- ``(A) Requirements.--The Administrator shall determine the requirements and methods for monitoring, reporting, and calculating the greenhouse gas emissions associated with the electricity consumed by each applicable facility. ``(B) Inclusions.--The Administrator shall ensure that requirements and methods determined under subparagraph (A) address and account for the total annual electricity consumption by the applicable facility and the greenhouse gas emissions associated with electricity consumed by the applicable facility, including addressing and accounting for the following: ``(i) Electricity produced at the applicable facility or provided directly to the applicable facility. ``(ii) Electricity produced by the owner or operator of the applicable facility, or a third-party under a power purchase agreement or bilateral agreement with the owner or operator of the applicable facility, provided that such electricity is-- ``(I) time-matched to the electricity consumed by the applicable facility; ``(II) located in the same region as the applicable facility, as determined by the Administrator; and ``(III) produced by an electric generating unit that…
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was placed into service not more than two years before the applicable facility was placed into service. ``(iii) Electricity supplied to the applicable facility through the electric grid, accounting for the time-matched, average carbon intensity of all electricity transmitted through the electric grid in the region in which the applicable facility is located, as determined by the Administrator. ``(4) Incomplete or unverified data.--In instances where the Administrator is unable to verify reported data provided by the owner or operator of an applicable facility to ensure such data are accurate, complete, and consistent, the Administrator shall assume that the carbon intensity of an electric generating unit supplying the applicable facility electricity is equal to the highest carbon intensity of an electric generating unit operating in the United States in the relevant calendar year. ``(c) Reporting.--Not later than 1 year after the date of enactment of this section, the Administrator shall issue regulations establishing an applicable facility reporting program, which shall require monitoring, reporting, and recordkeeping by owners and operators of applicable facilities in a manner prescribed by the Administrator that ensures the completeness, consistency, transparency, accuracy, precision, and reliability of data related to electricity consumption (including electricity consumption from electricity generation units located behind the power meter of the applicable facility), water consumption, greenhouse gas emissions, and other metrics determined appropriate by the Administrator related to such applicable facilities. ``(d) Use of Funds.-- ``(1) In general.--Charges collected pursuant to this section shall be allocated by the Administrator to each State and Indian Tribe. ``(2) Allocation to states and indian tribes.--The Administrator, in consultation with the Secretary of Energy, shall allocate funds made available under this subsection in accordance with the distribution formula used to distribute amounts made available to carry out part D of title III of the Energy Policy and Conservation Act. ``(3) Eligible uses of funds.--Funding allocated to each State or Indian Tribe under this section shall be used for-- ``(A) a program administered by such State or Indian Tribe pursuant to the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.); ``(B) a program administered by such State or Indian Tribe as described in section 50121(c) or section 50122(c) of Public Law 117-169 (commonly known as the `Inflation Reduction Act'); ``(C) a program administrated by such State or Indian Tribe pursuant to part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); or ``(D) a program administrated by such State or Indian Tribe, as approved by the Administrator, that reduces peak electricity demand, improves energy efficiency, including the efficiency of transmission and distribution grid infrastructure, or reduces residential utility bills. ``(e) Definitions.--For purposes of this section: ``(1) Applicable facility.--The term `applicable facility' means any facility located in the United States, or 2 or more facilities owned or operated by the same entity or group of entities that are located in the United States within 10 miles of each other, that-- ``(A) in the aggregate have more than 50 megawatts of installed information technology nameplate capacity; and ``(B)(i) primarily contain electronic equipment used to process, store, and transmit digital information, each of which may be-- ``(I) a free-standing structure; or ``(II) a facility within a larger structure, that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment; or ``(ii) is or are used to mine or create cryptocurrencies or other blockchain based digital assets, each of which may be-- ``(I) a freestanding structure; or ``(II) a facility within a larger structure that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment. ``(2) Carbon dioxide equivalent emissions.--The term `carbon dioxide equivalent emissions' means, with respect to a greenhouse gas, the number of metric tons of carbon dioxide emissions with the same global warming potential over a 20-year period as 1 metric ton of emissions of the greenhouse gas, as determined by the Administrator taking into consideration relevant methods and information described in assessment reports prepared by the Intergovernmental Panel on Climate Change. ``(3) Carbon intensity.--The term `carbon intensity' means the carbon dioxide equivalent emissions released into the atmosphere from the generation of 1 megawatt-hour of electricity by an electric generating unit, as determined by the Administrator. ``(4) Greenhouse gas.--The term `greenhouse gas' means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.''. <all>
Open clean-text viewRead on Congress.gov →

Related legislation

Bills by the same sponsor or covering overlapping subjects.

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