PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the House Committee on Energy and Commerce.
Congressional Research Service
No official summary is available in the imported record yet.
People & committees
Rep. Tonko, Paul [D-NY-20] · D–NY
Legislative record
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Referred to the House Committee on Energy and Commerce.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Oct 6, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2026-09-16 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed Data Center Fairness Fee Act of 2026 would charge owners or operators of qualifying large data centers and cryptocurrency facilities for electricity use starting in 2027. An additional emissions-based charge would begin in 2028 for facilities using electricity above a specified pollution threshold. Revenue would go to states and Indian Tribes for eligible energy assistance, efficiency, and utility-bill reduction programs.
This Act may be cited as the Data Center Fairness Fee Act of 2026.
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.
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.
Charges collected pursuant to this section shall be allocated by the Administrator to each State and Indian Tribe.
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.
Section 2 would add a new electricity-charge section to the Clean Air Act. Coverage would require more than 50 megawatts of installed information technology nameplate capacity—the equipment's rated capacity. U.S. facilities under the same entity or group of entities would be counted together when located within 10 miles of each other.
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: 139. Electricity charge on applicable facilities
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
Facilities meeting the capacity and location requirements would also have to primarily contain equipment for processing, storing, and transmitting digital information, or be used to mine or create cryptocurrency or other blockchain-based digital assets. Coverage could include standalone structures and facilities within larger structures that use environmental controls for their electronic equipment.
(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.
Starting with calendar year 2027, the Administrator would have to collect one cent per kilowatt-hour of total electricity consumption from each covered facility's owner or operator. This would include electricity from generating equipment behind the facility's power meter, rather than only electricity purchased through the grid.
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.
(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.
Starting with calendar year 2028, a covered facility using electricity with average carbon intensity greater than 0.10 would face an additional charge. It would equal five cents per kilogram of greenhouse gas emissions, expressed as carbon dioxide equivalents, associated with all its electricity consumption that year. The calculation would apply to total associated emissions, not just emissions above the threshold.
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.
(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.
Carbon intensity would measure greenhouse gas emissions from generating one megawatt-hour of electricity. Carbon dioxide equivalents would compare a gas's warming effect with carbon dioxide over 20 years, using determinations by the Administrator that take relevant Intergovernmental Panel on Climate Change methods and information into account.
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.
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.
The proposed greenhouse gas definition would cover carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
The term greenhouse gas means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
The Administrator would set requirements and methods for monitoring, reporting, and calculating emissions associated with covered facilities' electricity use. Those methods would have to account for total annual consumption and associated emissions, including electricity generated at a facility or supplied directly to it.
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.
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.
The accounting rules would address electricity generated by the owner or operator, or by a third party under an electricity purchase or other bilateral agreement, subject to three conditions: production must match consumption in time, occur in the same region as determined by the Administrator, and come from a generating unit placed into service no more than two years before the facility entered service.
(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 was placed into service not more than two years before the applicable facility was placed into service.
For electricity supplied through the grid, the emissions accounting would use the time-matched average carbon intensity of all electricity transmitted through the grid in the facility's region. The Administrator would determine the region.
(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.
If the Administrator could not verify that an owner's or operator's reported data were accurate, complete, and consistent, the Administrator would have to assign a supplying generating unit the highest carbon intensity of any generating unit operating in the United States that year.
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.
Within one year after enactment, the Administrator would have to issue regulations requiring covered owners and operators to monitor, report, and keep records. Reporting would cover electricity use, including generation behind the meter, water consumption, greenhouse gas emissions, and other facility-related measures the Administrator considers appropriate.
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.
Collected charges would have to be allocated to states and Indian Tribes. In consultation with the Secretary of Energy, the Administrator would use the distribution formula referenced in part D of title III of the Energy Policy and Conservation Act.
Charges collected pursuant to this section shall be allocated by the Administrator to each State and Indian Tribe.
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.
States and Indian Tribes would have to use the money for specified programs under the Low-Income Home Energy Assistance Act, two cited Inflation Reduction Act provisions, or part A of title IV of the Energy Conservation and Production Act. They could also use it for an Administrator-approved program that reduces peak electricity demand, improves energy efficiency—including transmission and distribution equipment—or reduces residential utility bills.
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.
The supplied official-actions snapshot, updated October 6, 2026, records introduction in the House and referral to the House Committee on Energy and Commerce on September 16, 2026. It does not establish subsequent legislative action or enactment.
Source snapshot updated 2026-10-06T15:17:29Z. 2026-09-16: Referred to the House Committee on Energy and Commerce. 2026-09-16: Introduced in House 2026-09-16: Introduced in House
A closer look
Reviewed version: Introduced in House · 2026-09-16. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy rider was identified in the complete supplied introduced text. This conclusion applies only to that version and does not establish absence in other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No earmark was identified in the complete supplied introduced text under the distinction between particular-recipient spending and statutory formula allocations. This conclusion applies only to that version; formal earmark status cannot be fully assessed without accompanying disclosure and committee materials.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
None identified in the reviewed text
No materially narrow preferential carve-out, special exemption, or exception was identified in the complete supplied introduced text. Ordinary program coverage and intended beneficiaries were not treated as preferential benefits. This conclusion applies only to that version, not other versions or accompanying materials.
Full text preserved for this analysis. Legislative record snapshot: Oct 6, 2026. How PlainBill uses AI