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119-hr-10467119th CongressWALLET

Data Center Fairness Fee Act of 2026

Sponsored By: Representative Tonko, Paul [D-NY-20]

Introduced

Summary

Creates a new electricity charge on large data centers and crypto miners. The bill sets a per-kilowatt-hour fee plus a higher surcharge for facilities with higher carbon intensity, and directs revenue to states and tribes for energy assistance and efficiency programs.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 1 costs, 0 mixed.

State and tribal energy assistance fund

If enacted, EPA would send the money collected from the new charges to each State and Indian Tribe. The allocations would follow the same formula used for certain Energy Policy and Conservation Act distributions, with input from the Secretary of Energy. States and tribes could use the funds only for LIHEAP; certain Inflation Reduction Act programs; energy conservation programs under federal law; or EPA‑approved projects that cut peak electricity demand, improve efficiency (including transmission and distribution), or reduce residential utility bills.

Higher fees and reporting for data centers

If enacted, owners or operators of large U.S. data centers and crypto‑mining facilities would face new monitoring and reporting rules and annual charges. Facilities are covered if they (alone or aggregated within 10 miles) have more than 50 MW of IT nameplate capacity and mainly house servers or mine cryptocurrencies. Starting for calendar year 2027, a base charge would apply at $0.01 per kilowatt‑hour on total electricity used, including behind‑the‑meter generation. Starting for calendar year 2028, facilities whose consumed electricity has an average carbon intensity above 0.10 would also pay $0.05 per kilogram of CO2e for that year. EPA would have to set rules within one year for how facilities measure and report electricity and emissions, and EPA would assume the highest U.S. power‑plant carbon intensity if reported data cannot be verified.

Sponsors & CoSponsors

Sponsor

Tonko, Paul [D-NY-20]

NY • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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