I 
119TH CONGRESS 
1ST SESSION H. R. 6179 
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 mining, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 20, 2025 
Mr. COHEN (for himself, Ms. CASTOR of Florida, Ms. DEAN of Pennsylvania, 
Mr. GOLDMAN of New York, Ms. JAYAPAL, Ms. MORRISON, Ms. NORTON, 
and Mr. QUIGLEY) introduced the following bill; which was referred to 
the Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act to establish requirements on 
the collection of electricity consumption data and emis-
sions standards for servers and other computing equip-
ment used for cryptocurrency mining, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Cloud Act of 
2025’’. 
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SEC. 2. FINDINGS. 
Congress finds that— 
(1) data centers are estimated to account for 
approximately— 
(A) 1 percent of global electricity demand; 
and 
(B) 4 percent of United States electricity 
use; 
(2) the growing demand for information tech-
nology and artificial intelligence will increase the de-
mand for data center services; 
(3) the global COVID–19 pandemic has further 
increased the demand described in paragraph (2) be-
yond previous projections; 
(4) data centers are projected to account for up 
to 12 percent of United States electricity use by 
2028; 
(5) future electricity consumption and efficiency 
trends will be determined by management practices, 
demand for services, and adoption of efficient tech-
nologies; 
(6) proof-of-work cryptocurrencies are by design 
an increasingly energy intensive process; 
(7) studies estimate that— 
(A) the total network hashrate for Bitcoin 
mining in the United States has increased 739 
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percent between September 2020 and January 
2022; and 
(B) as of July 2021, the greatest share of 
Bitcoin mining occurs in the United States; 
(8) there is a lack of transparency regarding 
the 
energy 
sources 
used 
to 
power 
domestic 
cryptomining and many data center operations; and 
(9) retired and retiring fossil fuel plants in the 
United States are being brought back online to 
power cryptomining facilities and data centers, 
which increases associated carbon emissions. 
SEC. 3. EMISSIONS FROM POWER CONSUMPTION OF DATA 
CENTERS AND CRYPTOMINING FACILITIES. 
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. EMISSIONS FROM POWER CONSUMPTION OF 
DATA CENTERS AND CRYPTOMINING FACILI-
TIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED FACILITY.—The term ‘covered 
facility’ means a data center or cryptomining facility 
that has more than 100 kilowatts of installed infor-
mation technology nameplate power. 
‘‘(2) 
CRYPTOMINING
FACILITY.—The 
term 
‘cryptomining facility’ means a facility used to mine 
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or create cryptocurrencies or other blockchain based 
digital assets, which may be— 
‘‘(A) a freestanding structure; or 
‘‘(B) a facility within a larger structure 
that uses environmental control equipment to 
maintain the proper conditions for the oper-
ation of electronic equipment. 
‘‘(3) DATA CENTER.—The term ‘data center’ 
has the meaning given the term in section 453(a) of 
the Energy Independence and Security Act of 2007 
(42 U.S.C. 17112(a)). 
‘‘(4) ELECTRIC
UTILITY.—The term ‘electric 
utility’ has the meaning given the term in section 3 
of the Federal Power Act (16 U.S.C. 796). 
‘‘(5) REGION.—The term ‘region’ means a geo-
graphic region described in the National Trans-
mission Needs Study of the Department of Energy, 
dated October 30, 2023. 
‘‘(b) ANNUAL DATA COLLECTION OF ENERGY CON-
SUMPTION OF DATA CENTERS AND CRYPTOMINING FA-
CILITIES.— 
‘‘(1) IN GENERAL.—The Administrator, in con-
junction with the Administrator of the Energy Infor-
mation Administration, shall annually collect— 
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‘‘(A) the information described in para-
graph (2) from the owners of covered facilities, 
including federally owned data centers located 
within the United States and territories of the 
United States; and 
‘‘(B) the information described in para-
graph (3) from the electric utilities that serve 
covered facilities. 
‘‘(2) INFORMATION DESCRIBED FOR COVERED 
FACILITIES.—The information referred to in para-
graph (1)(A), with respect to a covered facility, is— 
‘‘(A) the location of the covered facility, in-
cluding in which balancing authority area the 
covered facility is located; 
‘‘(B) whether the covered facility is a data 
center or a cryptomining facility; 
‘‘(C) the owner of the covered facility; 
‘‘(D) the electric utility, if any, that pro-
vides power to the covered facility; 
‘‘(E) the total annual electricity consump-
tion of the covered facility; 
‘‘(F) the total annual electricity consumed 
by the covered facility from electricity genera-
tion assets located behind the power meter of 
the covered facility; 
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‘‘(G) subject to paragraph (5), the percent-
age of electricity consumed annually by the cov-
ered facility from electricity generation assets 
located behind the power meter of the covered 
facility that is generated from wind, solar, hy-
dropower, nuclear, coal, gas, and any other 
power source; 
‘‘(H) the terms of any power purchase 
agreements or other contractual mechanisms 
for procuring power from an electricity gener-
ator that the covered facility is party to; and 
‘‘(I) any other relevant information, as rea-
sonably determined by the Administrator and 
the Administrator of the Energy Information 
Administration. 
‘‘(3) INFORMATION DESCRIBED FOR ELECTRIC 
UTILITIES.—The information referred to in para-
graph (1)(B), with respect to each covered facility 
served by an electric utility, is— 
‘‘(A) the total annual electricity consumed 
by the covered facility from the electric grid; 
‘‘(B) subject to paragraph (4), the percent-
age of electricity consumed annually by the cov-
ered facility from the electric grid that is gen-
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asset (such as the voluntary higher rate de-
scribed in subsection (c)(4)(C)(iii)(I)(aa)), or 
purchases and retires energy attribute certifi-
cates, the Administrator, in conjunction with 
the Administrator of the Energy Information 
Administration, 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— 
‘‘(i)(I) the electricity generation asset 
began commercial operations not more 
than 36 months before the date on which 
operations began at the covered facility; 
‘‘(II) the electricity generation asset 
would otherwise be retired and the retire-
ment could not be prevented by the use of 
existing public funding programs; 
‘‘(III) the electricity provided by the 
electricity generation asset would otherwise 
be curtailed; 
‘‘(IV) the power that the electricity 
generation asset provides to the covered fa-
cility resulted from an uprate that oc-
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curred not more than 36 months before 
the date on which operations began at the 
covered facility; 
‘‘(V) the power purchase agreement or 
other contractual mechanism was finalized 
before the date of enactment of this sec-
tion; or 
‘‘(VI)(aa) the electricity generation 
asset has undergone or will undergo a ret-
rofit that reduces the greenhouse emissions 
intensity of the electricity generation asset, 
expressed in terms of metric tons of carbon 
dioxide-equivalent of greenhouse gases per 
kilowatt-hour, by not less than 75 percent, 
as compared to before the retrofit; and 
‘‘(bb) the retrofit otherwise would not 
have occurred, even after the use of exist-
ing public funding programs, without the 
power purchase agreement or other con-
tractual mechanism; 
‘‘(ii) the electricity is generated— 
‘‘(I) in the same calendar year as 
the electricity is consumed by the cov-
ered facility, in the case of electricity 
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that is generated before January 1, 
2028; and 
‘‘(II) in the same hour as the 
electricity is consumed by the covered 
facility or an energy storage asset 
that serves the covered facility, in the 
case of electricity that is generated 
after December 31, 2027; 
‘‘(iii)(I) 
the 
electricity 
generation 
asset that produced the electricity is elec-
trically interconnected to a balancing au-
thority located in the same region as the 
covered facility; or 
‘‘(II) the owner of the electricity gen-
eration asset can demonstrate that the 
power produced by the electricity genera-
tion asset is physically delivered to the cov-
ered facility, as determined by the Admin-
istrator, in coordination with the Secretary 
of Energy; and 
‘‘(iv) the electricity generation rep-
resented by the power purchase agreement 
or other contractual mechanism for pro-
curing power from an electricity generation 
asset are claimed exclusively by the covered 
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facility through the retirement of an equiv-
alent quantity of energy attribute certifi-
cates. 
‘‘(5) ELECTRICITY
CONSUMED
FROM
ASSETS 
BEHIND
THE
METER.—For purposes of collecting 
the information described in paragraph (2)(G) with 
respect to a covered facility— 
‘‘(A) the Administrator, in conjunction 
with the Administrator of the Energy Informa-
tion Administration, 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 cov-
ered facility that is not described in subpara-
graph (B); and 
‘‘(B) the Administrator, in conjunction 
with the Administrator of the Energy Informa-
tion Administration, shall consider the elec-
tricity generated by electricity generation assets 
located behind the power meter of the covered 
facility as part of the electricity consumed an-
nually by the covered facility from electricity 
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generation assets located behind the power 
meter of the covered facility only if— 
‘‘(i) the owner of the covered facility 
can demonstrate that— 
‘‘(I) the electricity generation 
asset began operations not more than 
36 months before the date on which 
operations began at the covered facil-
ity; or 
‘‘(II) the electricity generation 
asset would otherwise be retired and 
the retirement could not be prevented 
by the use of existing public funding 
programs; or 
‘‘(ii) the Administrator determines 
that the greenhouse gas emissions inten-
sity, expressed in terms of metric tons of 
carbon dioxide-equivalent of greenhouse 
gases per kilowatt-hour, of the electricity 
generation asset is higher than the green-
house gas emissions intensity of the elec-
tric utilities that serve the covered facility, 
based on the average resource mix of those 
electric utilities. 
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‘‘(6) GREENHOUSE
GAS
EMISSIONS
INTEN-
SITY.—Based on the information collected under 
paragraph (1), for each covered facility, the Admin-
istrator shall determine the greenhouse gas emission 
intensity, expressed in terms of metric tons of car-
bon dioxide-equivalent of greenhouse gases per kilo-
watt-hour, of— 
‘‘(A) the total annual electricity consumed 
by the covered facility from the electric grid; 
and 
‘‘(B) the total annual electricity consumed 
by the covered facility from electricity genera-
tion assets located behind the power meter of 
the covered facility. 
‘‘(7) PUBLICLY
AVAILABLE.—The Adminis-
trator shall make publicly available on an annual 
basis— 
‘‘(A) for each covered facility— 
‘‘(i) the information described in each 
of subparagraphs (A), (B), (C), and (D) of 
paragraph (2); 
‘‘(ii) the percent of electricity con-
sumed annually by the covered facility that 
is generated from wind, solar, hydropower, 
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nuclear, coal, gas, and any other power 
source; and 
‘‘(iii) the greenhouse gas emissions in-
tensity of the total annual electricity con-
sumed by the covered facility, as deter-
mined under paragraph (6); and 
‘‘(B) for each owner of a covered facility, 
the aggregate annual electricity consumption of 
all covered facilities owned by that owner. 
‘‘(8) 
CONFIDENTIAL
BUSINESS
INFORMA-
TION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), of the information collected 
under paragraph (1), the Administrator and the 
Administrator of the Energy Information Ad-
ministration shall treat the information de-
scribed in each of subparagraphs (E) and (F) 
of paragraph (2) and subparagraph (A) of 
paragraph (3) as confidential business informa-
tion. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
does not apply to information that is required 
to be made publicly available pursuant to para-
graph (7)(C). 
‘‘(c) EMISSIONS PERFORMANCE STANDARD.— 
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‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) BASELINE.—The term ‘baseline’, 
with respect to a covered facility in a calendar 
year, means the baseline of the region the cov-
ered facility is located in for that calendar year 
as determined under paragraph (2). 
‘‘(B) GREENHOUSE GAS.— 
‘‘(i) IN GENERAL.—The term ‘green-
house gas’ means the air pollutants carbon 
dioxide, any hydrofluorocarbon, methane, 
nitrous oxide, any perfluorocarbon, and 
sulfur hexafluoride. 
‘‘(ii) GLOBAL WARMING POTENTIAL.— 
For purposes of the term ‘methane’ in 
clause (i), the Administrator shall use the 
20-year global warming potential of meth-
ane, as determined in accordance with the 
Sixth Assessment Report of the Intergov-
ernmental Panel on Climate Change. 
‘‘(2) DETERMINATION OF BASELINE.— 
‘‘(A) PUBLICATION
OF
BASELINE.—Not 
later than December 31, 2025, the Adminis-
trator shall determine and publish in the Fed-
eral Register the greenhouse gas emissions in-
tensities of the electric grid of each region, ex-
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pressed in terms of metric tons of carbon diox-
ide-equivalent of greenhouse gases per kilowatt- 
hour. 
‘‘(B) INITIAL BASELINE.—For purposes of 
calendar year 2026, the baseline of each region 
shall be the baseline of that region published 
under subparagraph (A). 
‘‘(C) BASELINES
THROUGH
2034.—For 
each of calendar years 2027 through 2034, the 
baseline of each region for that calendar year 
shall be determined by reducing the baseline 
from the previous calendar year by 11 percent 
of the baseline of that region for calendar year 
2026. 
‘‘(D) BASELINE
IN
2035
AND
THERE-
AFTER.—For calendar year 2035 and each cal-
endar year thereafter, the baseline for each re-
gion shall be 0 metric tons of carbon dioxide- 
equivalent of greenhouse gases per kilowatt- 
hour. 
‘‘(3) ASSESSMENT OF FEES.— 
‘‘(A) FEE ON UTILITIES.— 
‘‘(i) IMPOSITION
OF
FEE
ON
UTILI-
TIES.—Beginning on January 1, 2026, the 
Administrator shall, in accordance with 
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this subparagraph and using the informa-
tion collected under subsection (b) but sub-
ject to subparagraphs (C) and (D), assess 
on the owner of any electric utility pro-
viding power to a covered facility a fee 
with respect to the greenhouse gas emis-
sions of the electricity consumed by the 
covered facility from the electric grid above 
the baseline of the region the covered facil-
ity is located in for that calendar year. 
‘‘(ii) AMOUNT OF FEE.—The amount 
of a fee assessed under clause (i) with re-
spect to an electric utility for a calendar 
year shall be the sum obtained by adding, 
for each covered facility served by the elec-
tric utility, the product (rounded to the 
nearest dollar) obtained by multiplying— 
‘‘(I) the total electricity con-
sumed by the covered facility from the 
electric grid during the calendar year, 
as expressed in kilowatt-hours; 
‘‘(II) subject to clause (iii), $20; 
and 
‘‘(III) the amount, if any, that 
the greenhouse gas emissions intensity 
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of the electricity consumed by the cov-
ered facility from the electric grid, ex-
pressed in terms of metric tons of car-
bon dioxide-equivalent of greenhouse 
gases per kilowatt-hour, exceeds the 
baseline of the region the covered fa-
cility is located in for the calendar 
year. 
‘‘(iii) FEE ADJUSTMENT.—Beginning 
in calendar year 2027, the Administrator 
shall annually increase the amount de-
scribed in clause (ii)(II) by the sum ob-
tained by adding— 
‘‘(I) the product obtained by mul-
tiplying— 
‘‘(aa) the applicable amount 
under clause (ii)(II) during the 
previous calendar year; and 
‘‘(bb) the rate of inflation, 
as determined by the Adminis-
trator using the changes for the 
12-month period ending the pre-
ceding November 30 in the Con-
sumer Price Index for All Urban 
Consumers published by the Bu-
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reau of Labor Statistics of the 
Department of Labor; and 
‘‘(II) $10. 
‘‘(iv) 
NOTIFICATION
OF
FEE 
AMOUNT.—Not later than January 31, 
2027, and not later than January 31 of 
each calendar year thereafter, the Adminis-
trator shall notify— 
‘‘(I) the owner of each electric 
utility subject to a fee under clause (i) 
of the amount of the fee that is as-
sessed with respect to the electric util-
ity for the previous calendar year 
under clause (i); and 
‘‘(II) the owner of each covered 
facility of the total amount of any fee 
assessed for the previous calendar 
year under clause (i) that is attrib-
utable, pursuant to clause (ii), to the 
electricity consumed by the covered 
facility. 
‘‘(v) REMITTANCE OF FEE AMOUNT.— 
A fee assessed under clause (i) for a cal-
endar year shall be due and payable to the 
Administrator not later than March 31 of 
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the calendar year after the calendar year 
for which the fee is assessed. 
‘‘(vi) PASS-THROUGH LIMITATION.— 
‘‘(I) IN GENERAL.—Any electric 
utility assessed a fee under clause (i) 
may not recoup the cost of the fee by 
raising rates or assessing fees on any 
customer that is not a covered facility. 
‘‘(II) 
MONITORING
COMPLI-
ANCE.—The Administrator, in con-
junction with the Administrator of the 
Energy Information Administration, 
shall use the best available data, in-
cluding the information collected pur-
suant to subsection (b)(1)(B) and de-
scribed in subsection (b)(3)(C), to 
monitor the compliance of electric 
utilities with subclause (I). 
‘‘(III) PENALTY.—If the Admin-
istrator, in conjunction with the Ad-
ministrator of the Energy Information 
Administration, determines that an 
electric utility has violated subclause 
(I), the Administrator shall assess a 
fine on the electric utility in an 
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amount equal to 2 times the amount 
recouped by the electric utility, as de-
scribed in subclause (I), from cus-
tomers that are not covered facilities. 
‘‘(B) FEE ON COVERED FACILITIES.— 
‘‘(i) IMPOSITION OF FEE ON COVERED 
FACILITIES.—Beginning on January 1, 
2026, the Administrator shall, in accord-
ance with this subparagraph and using the 
information collected under subsection (b) 
but subject to subparagraphs (C) and (D), 
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 genera-
tion 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 year. 
‘‘(ii) AMOUNT OF FEE.—The amount 
of a fee assessed under clause (i) with re-
spect to a covered facility for a calendar 
year shall be the product (rounded to the 
nearest dollar) obtained by multiplying— 
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‘‘(I) the total electricity con-
sumed by the covered facility from 
electricity generation assets located 
behind the power meter of the covered 
facility during the calendar year, as 
expressed in kilowatt-hours; 
‘‘(II) subject to clause (iii), $20; 
and 
‘‘(III) the amount, if any, that 
the greenhouse gas emissions intensity 
of the electricity consumed by the cov-
ered facility from electricity genera-
tion assets located behind the power 
meter of the covered facility, ex-
pressed in terms of metric tons of car-
bon dioxide-equivalent of greenhouse 
gases per kilowatt-hour, exceeds the 
baseline of the region the covered fa-
cility is located in for the calendar 
year. 
‘‘(iii) FEE ADJUSTMENT.—Beginning 
in calendar year 2027, the Administrator 
shall annually increase the amount de-
scribed in clause (ii)(II) by the sum ob-
tained by adding— 
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‘‘(I) the product obtained by mul-
tiplying— 
‘‘(aa) the applicable amount 
under clause (ii)(II) during the 
previous calendar year; and 
‘‘(bb) the rate of inflation, 
as determined by the Adminis-
trator using the changes for the 
12-month period ending the pre-
ceding November 30 in the Con-
sumer Price Index for All Urban 
Consumers published by the Bu-
reau of Labor Statistics of the 
Department of Labor; and 
‘‘(II) $10. 
‘‘(iv) 
NOTIFICATION
OF
FEE 
AMOUNT.—Not later than January 31, 
2027, and not later than January 31 of 
each calendar year thereafter, the Adminis-
trator shall notify the owner of each cov-
ered facility the amount of the fee that is 
assessed with respect to the covered facility 
for the previous calendar year under clause 
(i). 
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‘‘(v) REMITTANCE OF FEE AMOUNT.— 
A fee assessed under clause (i) for a cal-
endar year shall be due and payable to the 
Administrator not later than March 31 of 
the calendar year after the calendar year 
for which the fee is assessed. 
‘‘(C) APPLICABILITY
TO
ZERO-CARBON 
ELECTRICITY
GENERATION
ASSETS.—This 
paragraph shall not apply to a covered facility 
if the Administrator, in conjunction with the 
Administrator of the Energy Information Ad-
ministration, determines, pursuant to the infor-
mation collected under subsection (b), that the 
covered facility is powered entirely by zero-car-
bon electricity generation assets during all 
hours of the operation of the covered facility. 
‘‘(D) ALTERNATIVE BASELINE.—If the Ad-
ministrator determines at any point that the 
greenhouse gas emissions intensity of the elec-
tric grid of any region falls below the baseline 
of that region, 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 applicable, 
subparagraphs (A) and (B) shall be applied to 
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covered facilities located in that region by sub-
stituting ‘greenhouse gas emissions intensity of 
the electric grid’ for ‘baseline’. 
‘‘(4) USE OF FUNDS.— 
‘‘(A) ADMINISTRATION.—For fiscal year 
2028 and each fiscal year thereafter, there are 
appropriated, out of any funds in the Treasury 
not otherwise appropriated, to the Adminis-
trator an amount equal to 3 percent of the 
amounts collected pursuant to fees and pen-
alties assessed under paragraph (3) during the 
previous calendar year to support the adminis-
tration of the reporting program under sub-
section (b) and the assessment of the fees and 
penalties under this subsection. 
‘‘(B) CONSUMER ENERGY COSTS.—For fis-
cal year 2028 and each fiscal year thereafter, 
there are appropriated, out of any funds in the 
Treasury not otherwise appropriated, to the Ad-
ministrator an amount equal to 25 percent of 
the amounts collected pursuant to fees and pen-
alties assessed under paragraph (3) during the 
previous calendar year to award grants to 
States, Indian Tribes, municipalities, and elec-
tric utilities to support programs that lower res-
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idential electricity consumer energy costs, such 
as through energy use savings or direct rebates, 
to offset cost increases resulting from increased 
data center electricity consumption. 
‘‘(C) CLEAN FIRM GRANTS.— 
‘‘(i) IN
GENERAL.—For fiscal year 
2028 and each fiscal year thereafter, there 
are appropriated, out of any funds in the 
Treasury not otherwise appropriated, to 
the Administrator an amount equal to 70 
percent of the amounts collected pursuant 
to fees and penalties assessed under para-
graph (3) during the previous calendar 
year to award to eligible entities, as deter-
mined by the Administrator, grants, re-
bates, advanced market commitments, or 
low-interest loans, as determined appro-
priate by the Administrator, for the re-
search, development, demonstration, and 
deployment of— 
‘‘(I) zero-carbon electricity gen-
eration assets that are capable of gen-
erating 
electricity 
throughout 
the 
year, with the exception of planned 
outages for maintenance, refueling, or 
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retrofits, at capacity factors greater 
than 70 percent; or 
‘‘(II) long-duration energy stor-
age assets that are capable of continu-
ously discharging energy at their 
rated power output for at least 10 
hours. 
‘‘(ii) APPLICATION.—An eligible entity 
seeking an award under clause (i) shall 
submit to the Administrator an application 
at such time, in such manner, and con-
taining such information as the Adminis-
trator may require. 
‘‘(iii) 
CERTIFICATION
AND 
CLAWBACK.— 
‘‘(I) CERTIFICATION.—An eligi-
ble entity that receives an award 
under clause (i) for the purpose of fi-
nancing the construction or operation 
of an electricity generation asset or 
energy storage asset shall certify that 
any electric utility selling or con-
tracted to sell electricity generated or 
stored by the asset shall— 
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‘‘(aa) not later than 2 years 
after the date on which the eligi-
ble entity receives the award, 
allow the customers of the elec-
tric utility to voluntarily pay a 
higher rate for the purchase of 
electricity service that is sourced 
from zero-carbon electricity gen-
eration assets, including long-du-
ration 
energy 
storage 
assets 
charged 
by 
zero-carbon 
elec-
tricity, in all hours of the year; 
and 
‘‘(bb) exclusively use the ad-
ditional amounts collected pursu-
ant to those higher rates to sup-
port the financing, development, 
or acquisition of— 
‘‘(AA) zero-carbon elec-
tricity generation assets that 
are capable of generating 
electricity 
throughout 
the 
year, with the exception of 
planned outages for mainte-
nance, refueling, or retrofits, 
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at capacity factors greater 
than 70 percent; or 
‘‘(BB) 
long-duration 
energy storage assets that 
are capable of continuously 
discharging energy at their 
rated power output for at 
least 10 hours. 
‘‘(II) CLAWBACK.—If the Admin-
istrator determines that a recipient of 
an award described in subclause (I) 
has violated the certification required 
under that subclause, the Adminis-
trator shall seek reimbursement of the 
full amount of the award from the re-
cipient. 
‘‘(d) APPLICABILITY TO LEASED FACILITIES.—For 
purposes of this section— 
‘‘(1) if a covered facility is leased to a tenant, 
the tenant shall be considered the owner of the facil-
ity; and 
‘‘(2) if a portion of a covered facility is leased 
to a tenant and the leased space also meets the re-
quirements described in subsection (a)(1)— 
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‘‘(A) the leased space shall be considered 
to be a separate covered facility from the rest 
of the larger facility; and 
‘‘(B) the tenant shall be considered the 
owner of the covered facility that comprises the 
leased space.’’. 
SEC. 4. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act and the amendments 
made by this Act, and the application of the provision or 
amendment to any other person or circumstance, shall not 
be affected by the holding. 
Æ 
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