,,ii #aaith ,,congress #ast ,session ,s4 #adge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjbe,mr4 ,whitehouse 7for himself and ,mr4 ,fetterman7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,clean ,air ,act to establish requirements on the collection of electricity consumption data and emissions standards for servers and other computing equipment used for cryptocurrency mining1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,clean ,cloud ,act of #bjbe4 #b4 ,findings ,congress finds that-- 7#a7 data centers are estimated to account for approximately-- 7,a7 #a percent of global electricity demand2 and 7,b7 #d percent of ,united ,states electricity use2 7#b7 the growing demand for information technology and artificial intelligence will increase the demand for data center services2 7#c7 the global ,,covid-#ai pandemic has further increased the demand described in paragraph 7#b7 beyond previous projections2 7#d7 data centers are projected to account for up to #ab percent of ,united ,states electricity use by #bjbh2 7#e7 future electricity consumption and efficiency trends will be determined by management practices1 demand for services1 and adoption of efficient technologies2 7#f7 proof-of-work cryptocurrencies are by design an increasingly energy intensive process2 7#g7 studies estimate that-- 7,a7 the total network hashrate for ,bitcoin mining in the ,united ,states has increased #gci percent between ,september #bjbj and ,january #bjbb2 and 7,b7 as of ,july #bjba1 the greatest share of ,bitcoin mining occurs in the ,united ,states2 7#h7 there is a lack of transparency regarding the energy sources used to power domestic cryptomining and many data center operations2 and 7#i7 retired and retiring fossil fuel plants in the ,united ,states are being brought back online to power cryptomining facilities and data centers1 which increases associated carbon emissions4 #c4 ,emissions from power consumption of data centers and cryptomining facilities ,part ,a of title ,i of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 is amended by adding at the end the following3 #aci4 ,emissions from power consumption of data centers and cryptomining facilities 7a7 ,definitions ,in this section3 7#a7 ,covered facility ,the term covered facility means a data center or cryptomining facility that has more than #ajj kilowatts of installed information technology nameplate power4 7#b7 ,cryptomining facility ,the term cryptomining facility means a facility used to mine or create cryptocurrencies or other blockchain based digital assets1 which may be-- 7,a7 a freestanding structure2 or 7,b7 a facility within a larger structure that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment4 7#c7 ,data center ,the term data center has the meaning given the term in section #dec7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaab7;a774 7#d7 ,electric utility ,the term electric utility has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#e7 ,region ,the term region means a geographic region described in the ,national ,transmission ,needs ,study of the ,department of ,energy1 dated ,october #cj1 #bjbc4 7b7 ,annual data collection of energy consumption of data centers and cryptomining facilities 7#a7 ,in general ,the ,administrator1 in conjunction with the ,administrator of the ,energy ,information ,administration1 shall annually collect-- 7,a7 the information described in paragraph 7#b7 from the owners of covered facilities1 including federally owned data centers located within the ,united ,states and territories of the ,united ,states2 and 7,b7 the information described in paragraph 7#c7 from the electric utilities that serve covered facilities4 7#b7 ,information described for covered facilities ,the information referred to in paragraph 7#a77;,a71 with respect to a covered facility1 is-- 7,a7 the location of the covered facility1 including in which balancing authority area the covered facility is located2 7,b7 whether the covered facility is a data center or a cryptomining facility2 7,c7 the owner of the covered facility2 7,d7 the electric utility1 if any1 that provides power to the covered facility2 7,e7 the total annual electricity consumption of the covered facility2 7,f7 the total annual electricity consumed by the covered facility from electricity generation assets located behind the power meter of the covered facility2 7,g7 subject to paragraph 7#e71 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 wind1 solar1 hydropower1 nuclear1 coal1 gas1 and any other power source2 7,h7 the terms of any power purchase agreements or other contractual mechanisms for procuring power from an electricity generator that the covered facility is party to2 and 7,i7 any other relevant information1 as reasonably determined by the ,administrator and the ,administrator of the ,energy ,information ,administration4 7#c7 ,information described for electric utilities ,the information referred to in paragraph 7#a77;,b71 with respect to each covered facility served by an electric utility1 is-- 7,a7 the total annual electricity consumed by the covered facility from the electric grid2 7,b7 subject to paragraph 7#d71 the percentage of electricity consumed annually by the covered facility from the electric grid that is generated from wind1 solar1 hydropower1 nuclear1 coal1 gas1 and any other power source2 7,c7 the rates charged by the electric utility for each class of electric consumer for the current year and each of the #c prior years2 and 7,d7 any other relevant information1 as reasonably determined by the ,administrator and the ,administrator of the ,energy ,information ,administration4 7#d7 ,electricity consumed from the electric grid ,for purposes of collecting the information described in paragraph 7#c77;,b7 with respect to a covered facility-- 7,a7 the ,administrator1 in conjunction with the ,administrator of the ,energy ,information ,administration1 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 7,b72 and 7,b7 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 7such as the voluntary higher rate described in subsection 7c77#d77;,c77iii77,i77aa771 or purchases and retires energy attribute certificates1 the ,administrator1 in conjunction with the ,administrator of the ,energy ,information ,administration1 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-- 7i7 7,i7 the electricity generation asset began commercial operations not more than #cf months before the date on which operations began at the covered facility2 7,,ii7 the electricity generation asset would otherwise be retired and the retirement could not be prevented by the use of existing public funding programs2 7,,iii7 the electricity provided by the electricity generation asset would otherwise be curtailed2 7,,iv7 the power that the electricity generation asset provides to the covered facility resulted from an uprate that occurred not more than #cf months before the date on which operations began at the covered facility2 7,v7 the power purchase agreement or other contractual mechanism was finalized before the date of enactment of this section2 or 7,,vi7 7aa7 the electricity generation asset has undergone or will undergo a retrofit that reduces the greenhouse emissions intensity of the electricity generation asset1 expressed in terms of metric tons of carbon dioxide-equivalent of greenhouse gases per kilowatt-hour1 by not less than #ge percent1 as compared to before the retrofit2 and 7bb7 the retrofit otherwise would not have occurred1 even after the use of existing public funding programs1 without the power purchase agreement or other contractual mechanism2 7ii7 the electricity is generated-- 7,i7 in the same calendar year as the electricity is consumed by the covered facility1 in the case of electricity that is generated before ,january #a1 #bjbh2 and 7,,ii7 in the same hour as the electricity is consumed by the covered facility or an energy storage asset that serves the covered facility1 in the case of electricity that is generated after ,december #ca1 #bjbg2 7iii7 7,i7 the electricity generation asset that produced the electricity is electrically interconnected to a balancing authority located in the same region as the covered facility2 or 7,,ii7 the owner of the electricity generation asset can demonstrate that the power produced by the electricity generation asset is physically delivered to the covered facility1 as determined by the ,administrator1 in coordination with the ,secretary of ,energy2 and 7iv7 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 certificates4 7#e7 ,electricity consumed from assets behind the meter ,for purposes of collecting the information described in paragraph 7#b77;,g7 with respect to a covered facility-- 7,a7 the ,administrator1 in conjunction with the ,administrator of the ,energy ,information ,administration1 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 7,b72 and 7,b7 the ,administrator1 in conjunction with the ,administrator of the ,energy ,information ,administration1 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-- 7i7 the owner of the covered facility can demonstrate that-- 7,i7 the electricity generation asset began operations not more than #cf months before the date on which operations began at the covered facility2 or 7,,ii7 the electricity generation asset would otherwise be retired and the retirement could not be prevented by the use of existing public funding programs2 or 7ii7 the ,administrator determines that the greenhouse gas emissions intensity1 expressed in terms of metric tons of carbon dioxide-equivalent of greenhouse gases per kilowatt-hour1 of the electricity generation asset is higher than the greenhouse gas emissions intensity of the electric utilities that serve the covered facility1 based on the average resource mix of those electric utilities4 7#f7 ,greenhouse gas emissions intensity ,based on the information collected under paragraph 7#a71 for each covered facility1 the ,administrator shall determine the greenhouse gas emission intensity1 expressed in terms of metric tons of carbon dioxide-equivalent of greenhouse gases per kilowatt-hour1 of-- 7,a7 the total annual electricity consumed by the covered facility from the electric grid2 and 7,b7 the total annual electricity consumed by the covered facility from electricity generation assets located behind the power meter of the covered facility4 7#g7 ,publicly available ,the ,administrator shall make publicly available on an annual basis-- 7,a7 for each covered facility-- 7i7 the information described in each of subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of paragraph 7#b72 7ii7 the percent of electricity consumed annually by the covered facility that is generated from wind1 solar1 hydropower1 nuclear1 coal1 gas1 and any other power source2 and 7iii7 the greenhouse gas emissions intensity of the total annual electricity consumed by the covered facility1 as determined under paragraph 7#f72 and 7,b7 for each owner of a covered facility1 the aggregate annual electricity consumption of all covered facilities owned by that owner4 7#h7 ,confidential business information 7,a7 ,in general ,except as provided in subparagraph 7,b71 of the information collected under paragraph 7#a71 the ,administrator and the ,administrator of the ,energy ,information ,administration shall treat the information described in each of subparagraphs 7,e7 and 7,f7 of paragraph 7#b7 and subparagraph 7,a7 of paragraph 7#c7 as confidential business information4 7,b7 ,exception ,subparagraph 7,a7 does not apply to information that is required to be made publicly available pursuant to paragraph 7#g77;,c74 7c7 ,emissions performance standard 7#a7 ,definitions ,in this subsection3 7,a7 ,baseline ,the term baseline1 with respect to a covered facility in a calendar year1 means the baseline of the region the covered facility is located in for that calendar year as determined under paragraph 7#b74 7,b7 ,greenhouse gas 7i7 ,in general ,the term greenhouse gas means the air pollutants carbon dioxide1 any hydrofluorocarbon1 methane1 nitrous oxide1 any perfluorocarbon1 and sulfur hexafluoride4 7ii7 ,global warming potential ,for purposes of the term methane in clause 7i71 the ,administrator shall use the #bj-year global warming potential of methane1 as determined in accordance with the ,sixth ,assessment ,report of the ,intergovernmental ,panel on ,climate ,change4 7#b7 ,determination of baseline 7,a7 ,publication of baseline ,not later than ,december #ca1 #bjbe1 the ,administrator shall determine and publish in the ,federal ,register the greenhouse gas emissions intensities of the electric grid of each region1 expressed in terms of metric tons of carbon dioxide-equivalent of greenhouse gases per kilowatt-hour4 7,b7 ,initial baseline ,for purposes of calendar year #bjbf1 the baseline of each region shall be the baseline of that region published under subparagraph 7,a74 7,c7 ,baselines through #bjcd ,for each of calendar years #bjbg through #bjcd1 the baseline of each region for that calendar year shall be determined by reducing the baseline from the previous calendar year by #aa percent of the baseline of that region for calendar year #bjbf4 7,d7 ,baseline in #bjce and thereafter ,for calendar year #bjce and each calendar year thereafter1 the baseline for each region shall be #j metric tons of carbon dioxide-equivalent of greenhouse gases per kilowatt-hour4 7#c7 ,assessment of fees 7,a7 ,fee on utilities 7i7 ,imposition of fee on utilities ,beginning on ,january #a1 #bjbf1 the ,administrator shall1 in accordance with this subparagraph and using the information collected under subsection 7b7 but subject to subparagraphs 7,c7 and 7,d71 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 year4 7ii7 ,amount of fee ,the amount of a fee assessed under clause 7i7 with respect to an electric utility for a calendar year shall be the sum obtained by adding1 for each covered facility served by the electric utility1 the product 7rounded to the nearest dollar7 obtained by multiplying-- 7,i7 the total electricity consumed by the covered facility from the electric grid during the calendar year1 as expressed in kilowatt-hours2 7,,ii7 subject to clause 7iii71 #bj2 and 7,,iii7 the amount1 if any1 that the greenhouse gas emissions intensity of the electricity consumed by the covered facility from the electric grid1 expressed in terms of metric tons of carbon dioxide-equivalent of greenhouse gases per kilowatt-hour1 exceeds the baseline of the region the covered facility is located in for the calendar year4 7iii7 ,fee adjustment ,beginning in calendar year #bjbg1 the ,administrator shall annually increase the amount described in clause 7ii77,,ii7 by the sum obtained by adding-- 7,i7 the product obtained by multiplying-- 7aa7 the applicable amount under clause 7ii77,,ii7 during the previous calendar year2 and 7bb7 the rate of inflation1 as determined by the ,administrator using the changes for the #ab-month period ending the preceding ,november #cj in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 and 7,,ii7 #aj4 7iv7 ,notification of fee amount ,not later than ,january #ca1 #bjbg1 and not later than ,january #ca of each calendar year thereafter1 the ,administrator shall notify-- 7,i7 the owner of each electric utility subject to a fee under clause 7i7 of the amount of the fee that is assessed with respect to the electric utility for the previous calendar year under clause 7i72 and 7,,ii7 the owner of each covered facility of the total amount of any fee assessed for the previous calendar year under clause 7i7 that is attributable1 pursuant to clause 7ii71 to the electricity consumed by the covered facility4 7v7 ,remittance of fee amount ,a fee assessed under clause 7i7 for a calendar year shall be due and payable to the ,administrator not later than ,march #ca of the calendar year after the calendar year for which the fee is assessed4 7vi7 ,pass-through limitation 7,i7 ,in general ,any electric utility assessed a fee under clause 7i7 may not recoup the cost of the fee by raising rates or assessing fees on any customer that is not a covered facility4 7,,ii7 ,monitoring compliance ,the ,administrator1 in conjunction with the ,administrator of the ,energy ,information ,administration1 shall use the best available data1 including the information collected pursuant to subsection 7b77#a77;,b7 and described in subsection 7b77#c77;,c71 to monitor the compliance of electric utilities with subclause 7,i74 7,,iii7 ,penalty ,if the ,administrator1 in conjunction with the ,administrator of the ,energy ,information ,administration1 determines that an electric utility has violated subclause 7,i71 the ,administrator shall assess a fine on the electric utility in an amount equal to #b times the amount recouped by the electric utility1 as described in subclause 7,i71 from customers that are not covered facilities4 7,b7 ,fee on covered facilities 7i7 ,imposition of fee on covered facilities ,beginning on ,january #a1 #bjbf1 the ,administrator shall1 in accordance with this subparagraph and using the information collected under subsection 7b7 but subject to subparagraphs 7,c7 and 7,d71 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 behind the power meter of the covered facility above the baseline of the region the covered facility is located in for that calendar year4 7ii7 ,amount of fee ,the amount of a fee assessed under clause 7i7 with respect to a covered facility for a calendar year shall be the product 7rounded to the nearest dollar7 obtained by multiplying-- 7,i7 the total electricity consumed by the covered facility from electricity generation assets located behind the power meter of the covered facility during the calendar year1 as expressed in kilowatt-hours2 7,,ii7 subject to clause 7iii71 #bj2 and 7,,iii7 the amount1 if any1 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 facility1 expressed in terms of metric tons of carbon dioxide-equivalent of greenhouse gases per kilowatt-hour1 exceeds the baseline of the region the covered facility is located in for the calendar year4 7iii7 ,fee adjustment ,beginning in calendar year #bjbg1 the ,administrator shall annually increase the amount described in clause 7ii77,,ii7 by the sum obtained by adding-- 7,i7 the product obtained by multiplying-- 7aa7 the applicable amount under clause 7ii77,,ii7 during the previous calendar year2 and 7bb7 the rate of inflation1 as determined by the ,administrator using the changes for the #ab-month period ending the preceding ,november #cj in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 and 7,,ii7 #aj4 7iv7 ,notification of fee amount ,not later than ,january #ca1 #bjbg1 and not later than ,january #ca of each calendar year thereafter1 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 7i74 7v7 ,remittance of fee amount ,a fee assessed under clause 7i7 for a calendar year shall be due and payable to the ,administrator not later than ,march #ca of the calendar year after the calendar year for which the fee is assessed4 7,c7 ,applicability to zero-carbon electricity generation assets ,this paragraph shall not apply to a covered facility if the ,administrator1 in conjunction with the ,administrator of the ,energy ,information ,administration1 determines1 pursuant to the information collected under subsection 7b71 that the covered facility is powered entirely by zero-carbon electricity generation assets during all hours of the operation of the covered facility4 7,d7 ,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 region1 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 applicable1 subparagraphs 7,a7 and 7,b7 shall be applied to covered facilities located in that region by substituting greenhouse gas emissions intensity of the electric grid for baseline4 7#d7 ,use of funds 7,a7 ,administration ,for fiscal year #bjbh and each fiscal year thereafter1 there are appropriated1 out of any funds in the ,treasury not otherwise appropriated1 to the ,administrator an amount equal to #c percent of the amounts collected pursuant to fees and penalties assessed under paragraph 7#c7 during the previous calendar year to support the administration of the reporting program under subsection 7b7 and the assessment of the fees and penalties under this subsection4 7,b7 ,consumer energy costs ,for fiscal year #bjbh and each fiscal year thereafter1 there are appropriated1 out of any funds in the ,treasury not otherwise appropriated1 to the ,administrator an amount equal to #be percent of the amounts collected pursuant to fees and penalties assessed under paragraph 7#c7 during the previous calendar year to award grants to ,states1 ,indian ,tribes1 municipalities1 and electric utilities to support programs that lower residential electricity consumer energy costs1 such as through energy use savings or direct rebates1 to offset cost increases resulting from increased data center electricity consumption4 7,c7 ,clean firm grants 7i7 ,in general ,for fiscal year #bjbh and each fiscal year thereafter1 there are appropriated1 out of any funds in the ,treasury not otherwise appropriated1 to the ,administrator an amount equal to #gj percent of the amounts collected pursuant to fees and penalties assessed under paragraph 7#c7 during the previous calendar year to award to eligible entities1 as determined by the ,administrator1 grants1 rebates1 advanced market commitments1 or low-interest loans1 as determined appropriate by the ,administrator1 for the research1 development1 demonstration1 and deployment of-- 7,i7 zero-carbon electricity generation assets that are capable of generating electricity throughout the year1 with the exception of planned outages for maintenance1 refueling1 or retrofits1 at capacity factors greater than #gj percent2 or 7,,ii7 long-duration energy storage assets that are capable of continuously discharging energy at their rated power output for at least #aj hours4 7ii7 ,application ,an eligible entity seeking an award under clause 7i7 shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7iii7 ,certification and clawback 7,i7 ,certification ,an eligible entity that receives an award under clause 7i7 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-- 7aa7 not later than #b years after the date on which the eligible entity receives the award1 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 generation1 including long-duration energy storage assets charged by zero-carbon electricity1 in all hours of the year2 and 7bb7 exclusively use the additional amounts collected pursuant to those higher rates to support the financing1 development1 or acquisition of-- 7,,aa7 zero-carbon electricity generation assets that are capable of generating electricity throughout the year1 with the exception of planned outages for maintenance1 refueling1 or retrofits1 at capacity factors greater than #gj percent2 or 7,,bb7 long-duration energy storage assets that are capable of continuously discharging energy at their rated power output for at least #aj hours4 7,,ii7 ,clawback ,if the ,administrator determines that a recipient of an award described in subclause 7,i7 has violated the certification required under that subclause1 the ,administrator shall seek reimbursement of the full amount of the award from the recipient4 7d7 ,applicability to leased facilities ,for purposes of this section-- 7#a7 if a covered facility is leased to a tenant1 the tenant shall be considered the owner of the facility2 and 7#b7 if a portion of a covered facility is leased to a tenant and the leased space also meets the requirements described in subsection 7a77#a7-- 7,a7 the leased space shall be considered to be a separate covered facility from the rest of the larger facility2 and 7,b7 the tenant shall be considered the owner of the covered facility that comprises the leased space4 4 #d4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected by the holding4