,,ii #aagth ,,congress #b;d ,session ,s4 #ebaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #g1 #bjbb,mr4 ,markey 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to require an interagency study on the environmental and energy impacts of crypto-asset mining1 to assess crypto-asset mining compliance with the ,clean ,air ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,crypto-,asset ,environmental ,transparency ,act of #bjbb4 #b4 ,findings ,congress finds that-- 7#a7 human activity is the dominant cause of observed climate change in the past century2 7#b7 climate change is increasing the frequency and intensity of wildfires1 droughts1 severe storms1 heat waves1 rising of sea levels1 and severe weather events2 7#c7 the ,federal ,government has-- 7,a7 committed under the decision of the #bast ,conference of ,parties of the ,united ,nations ,framework ,convention on ,climate ,change1 adopted in ,paris1 ,france1 ,december #ab1 #bjae 7commonly referred to as the ,paris ,agreement71 to reduce greenhouse gas emissions by #ej to #eb percent by #bjcj2 and 7,b7 a responsibility to mitigate current and future impacts of climate change to protect the health1 safety1 and welfare of individuals of the ,united ,states2 7#d7 crypto-asset mining operations-- 7,a7 can be energy intensive2 and 7,b7 unlike most other technologies1 are often designed to generally increase computing requirements over time1 which can lead to increased energy consumption2 7#e7 a crypto-asset network1 ,bitcoin1 consumes more energy annually than countries such as ,chile or ,bangladesh consume2 7#f7 crypto-asset mining operations often rely on fossil fuels for power1 which contributes to greenhouse gas emissions2 7#g7 the carbon dioxide emissions of the ,united ,states from ,bitcoin mining were estimated at #ba to #ce megatons per year in #bjbb1 which is equivalent to the annual emissions from more than #d1ejj1jjj to #g1ejj1jjj gasoline-powered cars driven for #a year2 7#h7 crypto-asset mining can also cause local noise and water pollution2 7#i7 the number of crypto-asset mining facilities in the ,united ,states is increasing1 and the share of the ,united ,states of global ,bitcoin mining rose from #c4e percent in #bjbj to #ch percent in #bjbb2 7#aj7 crypto-asset mining is an emergent industry1 and the potential of crypto-asset mining to exacerbate systemic racial1 social1 environmental1 and economic injustices is not sufficiently understood2 7#aa7 there is no comprehensive1 independent study of crypto-asset mining operations in the ,united ,states1 including the energy use1 resource mix1 and greenhouse gas emissions of those crypto-asset mining operations2 and 7#ab7 one of the primary recommendations of the report of the ,office of ,science and ,technology ,policy entitled ,climate and ,energy ,implications of ,crypto-,assets in the ,united ,states and dated ,september #bjbb was to obtain detailed data on energy use and emissions from crypto-asset activity4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,air pollutant ,the term air pollutant has the meaning given the term in section #cjb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb74 7#c7 ,block ,the term block means a group of data stored as a single record in a blockchain4 7#d7 ,blockchain ,the term blockchain means a distributed ledger technology in which-- 7,a7 the data are shared across a network that creates a digital ledger of verified transactions or information among network participants2 and 7,b7 the data are typically linked using cryptography to maintain the integrity of the ledger and execute other functions1 including transfer of ownership or value4 7#e7 ,consensus mechanism ,the term consensus mechanism means a process to achieve agreement among network participants on the current state of a blockchain4 7#f7 ,crypto-asset ,the term crypto-asset means a digital asset1 which may be a medium of exchange1 a representation of value1 or both1 for which generation or ownership records of the digital asset are recorded in a distributed ledger technology that relies on cryptography4 7#g7 ,crypto-asset mining ,the term crypto-asset mining means the process of performing computations to add a valid block of data to the blockchain1 typically in exchange for a reward or fee4 7#h7 ,power load ,the term power load means the amount of electrical power1 in megawatts1 that can be consumed by a qualifying crypto-asset mining operation4 7#i7 ,qualifying crypto-asset mining operation ,the term qualifying crypto-asset mining operation means-- 7,a7 an individual crypto-asset mining facility that has a power load that is greater than or equal to #e megawatts2 or 7,b7 multiple crypto-asset mining facilities that-- 7i7 are owned by the same company2 and 7ii7 7,i7 each have a power load that is less than #e megawatts2 but 7,,ii7 have a cumulative power load that is greater than or equal to #e megawatts4 7#aj7 ,scope #a emissions ,the term scope #a emissions means greenhouse gas emissions directly from sources that are operated1 controlled1 or owned by an individual or entity performing a qualifying crypto-asset mining operation4 7#aa7 ,scope #b emissions ,the term scope #b emissions means indirect greenhouse gas emissions associated with the purchase of electricity1 steam1 heat1 or cooling by an individual or entity performing a qualifying crypto-asset mining operation4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #d4 ,compliance with the ,clean ,air ,act 7a7 ,rulemaking required 7#a7 ,proposed regulation ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall issue a notice of proposed rulemaking to revise part #ih of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act7-- 7,a7 to require qualifying crypto-asset mining operations to report as covered facilities under subpart ,a of that part2 7,b7 to add a new subpart to that part that includes qualifying crypto-asset mining operations as a source category2 7,c7 to include in the new subpart created under subparagraph 7,b7 appropriate calculation methodologies1 reporting guidelines1 and monitoring operations of1 with respect to qualifying crypto-asset mining operations1 scope #a emissions and scope #b emissions2 and 7,d7 to designate the qualifying crypto-asset mining operations source category established pursuant to subparagraph 7,b7 as a source category that is subject to greenhouse gas reporting requirements and related monitoring1 recordkeeping1 and reporting requirements under section #ih4b of that title1 regardless of whether a qualifying crypto-asset mining operation emits at least #be1jjj metric tons of carbon dioxide-equivalent4 7#b7 ,final ,rule ,not later than #ahj days after the date on which the public comment period on the proposed rule under paragraph 7#a7 closes1 the ,administrator shall issue a final rule revising part #ih of title #dj1 ,code of ,federal ,regulations4 7b7 ,assessment ,not later than #a year after the date on which the ,administrator finalizes the rule required under subsection 7a71 the ,administrator shall1 pursuant to section #aad7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdad7;a771 issue requests for information for the purpose of conducting an assessment of1 with respect to qualifying crypto-asset mining operations1 the permit programs under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 which shall include identifying the extent to which any qualifying crypto-asset mining operations are improperly operating without a valid and current permit under that ,act4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #e1jjj1jjj for fiscal year #bjbc1 to remain available until expended4 7d7 ,savings provision ,nothing in this section limits the ability of the ,administrator to require the reporting of emissions of any type in another source category4 #e4 ,impact study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,secretary1 the ,administrator of the ,energy ,information ,administration1 the ,federal ,energy ,regulatory ,commission1 and the head of any other ,federal agency the ,administrator or the ,secretary determines appropriate1 shall conduct a study on the environmental impacts of crypto-asset mining in the ,united ,states4 7b7 ,study ,requirements ,the study required under subsection 7a7 shall include-- 7#a7 the number and location of any existing or planned qualifying crypto-asset mining operation2 7#b7 the amount of greenhouse gas emissions and other air pollutants that are-- 7,a7 released by an onsite energy source2 and 7,b7 attributable to offsite-generated electricity1 steam1 heat1 or cooling provided to a qualifying crypto-asset mining operation2 7#c7 the anticipated increase of new1 and expansion of existing1 qualifying crypto-asset mining operations2 7#d7 the potential impacts of electric energy consumption by qualifying crypto-asset mining operations1 including by prolonging the use of fossil fuel generators1 on the ability of the ,united ,states to achieve the greenhouse gas emission reductions necessary to keep global warming below #a4e degrees ,celsius compared to pre-industrial levels2 7#e7 the ecological impacts1 including ecological impacts associated with electronic waste generation and the use or discharge of cooling water1 caused by qualifying crypto-asset mining operations2 7#f7 the potential public health impacts due to the reduced air and water quality and increased water stress on communities near qualifying crypto-asset mining operations2 7#g7 the potential public health impacts from greenhouse gas emissions released by qualifying crypto-asset mining operations2 7#h7 the potential public health and ecological impacts from noise generated by qualifying crypto-asset mining operations2 7#i7 the amount of electric energy consumed by each qualifying crypto-asset mining operation1 including the time of use of electricity and the potential grid stress posed by the power load of the qualifying crypto-asset mining operation2 7#aj7 the source of electric energy consumed by each qualifying crypto-asset mining operation2 7#aa7 the aggregated energy-use statistics and greenhouse gas emissions statistics for qualifying crypto-asset mining operations in the ,united ,states2 7#ab7 an analysis of energy use and greenhouse gas emissions by type of consensus mechanism2 7#ac7 an analysis of demand-response programs negotiated between qualifying crypto-asset mining operations and electric utilities2 7#ad7 an analysis of potential rate-design measures that could be implemented by ,state and local regulators to reduce the energy consumption and dependence on fossil fuel energy sources of crypto-asset mining operations2 7#ae7 a geospatial assessment of the extent to which crypto-asset mining operations are located within environmental justice communities1 as defined by the ,administrator or within the ,climate and ,economic ,justice ,screening ,tool of the ,council on ,environmental ,quality2 and 7#af7 an identification of1 and recommendations for1 best practices for data types1 data sources1 and methodologies for accurately measuring1 modeling1 and tracking the environmental impacts of crypto-asset mining operations in the ,united ,states in the future4 7c7 ,public ,comment ,before conducting the study required by subsection 7a71 the ,administrator shall provide an opportunity for public comment and advice relevant to conducting the study4 7d7 ,report to ,congress ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall submit to the ,committees on ,energy and ,commerce and ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committees on ,environment and ,public ,works and ,energy and ,natural ,resources of the ,senate1 and publish on the public websites of the ,environmental ,protection ,agency and the ,department of ,energy1 a report that contains the results of the study required by subsection 7a74 7e7 ,authorization of ,appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #e1jjj1jjj for fiscal year #bjbc1 to remain available until expended4 #f4 ,energy efficiency of data center buildings ,section #dec7;a77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaab7;a77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking #8#8or'' at the end after the semicolon2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting #8#82 or''2 and 7#c7 by adding at the end the following3 7,c7 a facility in which #b or more computers perform logical operations to mine or create crypto-asset 7as defined in section #c of the ,crypto-,asset ,environmental ,transparency ,act of #bjbb74 4