119-s1475

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1475 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1475

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 SENATE OF THE UNITED STATES

 April 10, 2025

Mr. Whitehouse (for himself and Mr. Fetterman) introduced the following 
bill; 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 mining, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives 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''.

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 technology and 
 artificial intelligence will increase the demand for data 
 center services;

    (3) the global COVID-19 pandemic has further increased the 
 demand described in paragraph

    (2) beyond 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 technologies;

    (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 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 FACILITIES.

 ``

    (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 information technology nameplate power.
 ``

    (2) Cryptomining facility.--The term `cryptomining 
 facility' means a facility used to mine 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 operation 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 geographic region 
 described in the National Transmission Needs Study of the 
 Department of Energy, dated October 30, 2023.
 ``

    (b) Annual Data Collection of Energy Consumption of Data Centers 
and Cryptomining Facilities.--
 ``

    (1) In general.--The Administrator, in conjunction with 
 the Administrator of the Energy Information Administration, 
 shall annually collect--
 ``
        (A) the information described in paragraph

    (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 paragraph

    (3) from the electric utilities that serve covered 
 facilities.
 ``

    (2) Information described for covered facilities.--The 
 information referred to in paragraph

    (1)
        (A) , with respect to a 
 covered facility, is--
 ``
        (A) the location of the covered facility, 
 including 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 provides 
 power to the covered facility;
 ``
        (E) the total annual electricity consumption of 
 the covered facility;
 ``
        (F) the total annual electricity consumed by the 
 covered facility from electricity generation assets 
 located behind the power meter of the covered facility;
 ``
        (G) subject to paragraph

    (5) , 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 wind, solar, hydropower, 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 generator that the covered facility is 
 party to; and
 ``
            (I) any other relevant information, as reasonably 
 determined by the Administrator and the Administrator 
 of the Energy Information Administration.
 ``

    (3) Information described for electric utilities.--The 
 information referred to in paragraph

    (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 percentage of 
 electricity consumed annually by the covered facility 
 from the electric grid that is generated from wind, 
 solar, hydropower, nuclear, coal, gas, and any other 
 power source;
 ``
            (C) the rates charged by the electric utility for 
 each class of electric consumer for the current year 
 and each of the 3 prior years; and
 ``
            (D) any other relevant information, as reasonably 
 determined by the Administrator and the Administrator 
 of the Energy Information Administration.
 ``

    (4) Electricity consumed from the electric grid.--For 
 purposes of collecting the information described in paragraph

    (3)
        (B) with respect to a covered facility--
 ``
        (A) the Administrator, in conjunction with the 
 Administrator of the Energy Information 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 from the electric grid by a covered facility 
 that is not described in subparagraph
        (B) ; and
 ``
        (B) 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 (such as the voluntary 
 higher rate described in subsection
            (c) (4)
            (C) 
            (iii) 
            (I) (aa) ), or purchases and retires energy 
 attribute certificates, 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 retirement 
 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 
 facility resulted from an uprate that occurred 
 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 section; or
 ``
            (VI) (aa) the electricity generation asset 
 has undergone or will undergo a retrofit 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 existing 
 public funding programs, without the power 
 purchase agreement or other contractual 
 mechanism;
 ``
            (ii) the electricity is generated--
 ``
            (I) in the same calendar year as 
 the electricity is consumed by the 
 covered facility, in the case of 
 electricity 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 electrically 
 interconnected to a balancing authority located 
 in the same region as the covered facility; or
 ``
            (II) the owner of the electricity 
 generation asset can demonstrate that the power 
 produced by the electricity generation asset is 
 physically delivered to the covered facility, 
 as determined by the Administrator, in 
 coordination with the Secretary of Energy; and
 ``
            (iv) 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 certificates.
 ``

    (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 Information 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 
 covered facility that is not described in subparagraph
        (B) ; and
 ``
        (B) the Administrator, in conjunction with the 
 Administrator of the Energy Information Administration, 
 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--
 ``
            (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 
 facility; 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 intensity, 
 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 greenhouse gas 
 emissions intensity of the electric utilities 
 that serve the covered facility, based on the 
 average resource mix of those electric 
 utilities.
 ``

    (6) Greenhouse gas emissions intensity.--Based on the 
 information collected under paragraph

    (1) , for each covered 
 facility, the Administrator shall determine the greenhouse gas 
 emission intensity, expressed in terms of metric tons of carbon 
 dioxide-equivalent of greenhouse gases per kilowatt-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 generation assets 
 located behind the power meter of the covered facility.
 ``

    (7) Publicly available.--The Administrator 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 consumed 
 annually by the covered facility that is 
 generated from wind, solar, hydropower, 
 nuclear, coal, gas, and any other power source; 
 and
 ``
            (iii) the greenhouse gas emissions 
 intensity of the total annual electricity 
 consumed by the covered facility, as determined 
 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 information.--
 ``
        (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 Administration shall treat 
 the information described in each of subparagraphs
        (E) and
        (F) of paragraph

    (2) and subparagraph
        (A) of 
 paragraph

    (3) as confidential business information.
 ``
        (B) Exception.--Subparagraph
        (A) does not apply 
 to information that is required to be made publicly 
 available pursuant to paragraph

    (7)
            (C) .
 ``
            (c) Emissions Performance Standard.--
 ``

    (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 covered facility is located 
 in for that calendar year as determined under paragraph

    (2) .
 ``
        (B) Greenhouse gas.--
 ``
            (i) In general.--The term `greenhouse 
 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 methane, as determined in 
 accordance with the Sixth Assessment Report of 
 the Intergovernmental Panel on Climate Change.
 ``

    (2) Determination of baseline.--
 ``
        (A) Publication of baseline.--Not later than 
 December 31, 2025, the Administrator shall determine 
 and publish in the Federal Register the greenhouse gas 
 emissions intensities of the electric grid of each 
 region, expressed in terms of metric tons of carbon 
 dioxide-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 thereafter.--For 
 calendar year 2035 and each calendar year thereafter, 
 the baseline for each region 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 utilities.--
 Beginning on January 1, 2026, the Administrator 
 shall, in accordance with this subparagraph and 
 using the information collected under 
 subsection

    (b) but subject to subparagraphs
            (C) and
            (D) , 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 year.
 ``
            (ii) Amount of fee.--The amount of a fee 
 assessed under clause
            (i) with respect to an 
 electric utility for a calendar year shall be 
 the sum obtained by adding, for each covered 
 facility served by the electric utility, the 
 product (rounded to the nearest dollar) 
 obtained by multiplying--
 ``
            (I) the total electricity 
 consumed 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 
 of the electricity consumed by the 
 covered facility from the electric 
 grid, expressed in terms of metric tons 
 of carbon dioxide-equivalent of 
 greenhouse gases per kilowatt-hour, 
 exceeds the baseline of the region the 
 covered facility is located in for the 
 calendar year.
 ``
            (iii) Fee adjustment.--Beginning in 
 calendar year 2027, the Administrator shall 
 annually increase the amount described in 
 clause
            (ii) 
            (II) by the sum obtained by adding--
 ``
            (I) the product obtained by 
 multiplying--
 ``

    (aa) the applicable 
 amount under clause
            (ii) 
            (II) during the previous calendar 
 year; and
 ``

    (bb) the rate of 
 inflation, as determined by the 
 Administrator using the changes 
 for the 12-month period ending 
 the preceding November 30 in 
 the Consumer Price Index for 
 All Urban Consumers published 
 by the Bureau 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 Administrator shall notify--
 ``
            (I) the owner of each electric 
 utility subject to a fee under clause
            (i) of the amount of the fee that is 
 assessed with respect to the electric 
 utility 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 attributable, 
 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 calendar 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.
 ``
            (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 compliance.--The 
 Administrator, in conjunction with the 
 Administrator of the Energy Information 
 Administration, shall use the best 
 available data, including the 
 information collected pursuant to 
 subsection

    (b)

    (1)
        (B) and described in 
 subsection

    (b)

    (3)
            (C) , to monitor the 
 compliance of electric utilities with 
 subclause
            (I) .
 ``
            (III) Penalty.--If the 
 Administrator, in conjunction with the 
 Administrator 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 
 amount equal to 2 times the amount 
 recouped by the electric utility, as 
 described in subclause
            (I) , from 
 customers 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 accordance 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 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 year.
 ``
            (ii) Amount of fee.--The amount of a fee 
 assessed under clause
            (i) with respect to a 
 covered facility for a calendar year shall be 
 the product (rounded to the nearest dollar) 
 obtained by multiplying--
 ``
            (I) the total electricity 
 consumed 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 
 covered facility from electricity 
 generation assets located behind the 
 power meter of the covered facility, 
 expressed in terms of metric tons of 
 carbon dioxide-equivalent of greenhouse 
 gases per kilowatt-hour, exceeds the 
 baseline of the region the covered 
 facility is located in for the calendar 
 year.
 ``
            (iii) Fee adjustment.--Beginning in 
 calendar year 2027, the Administrator shall 
 annually increase the amount described in 
 clause
            (ii) 
            (II) by the sum obtained by adding--
 ``
            (I) the product obtained by 
 multiplying--
 ``

    (aa) the applicable 
 amount under clause
            (ii) 
            (II) during the previous calendar 
 year; and
 ``

    (bb) the rate of 
 inflation, as determined by the 
 Administrator using the changes 
 for the 12-month period ending 
 the preceding November 30 in 
 the Consumer Price Index for 
 All Urban Consumers published 
 by the Bureau 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 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
            (i) .
 ``
            (v) Remittance of fee amount.--A fee 
 assessed under clause
            (i) for a calendar 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 
 Administration, determines, pursuant to the information 
 collected under subsection

    (b) , that the covered 
 facility is powered entirely by zero-carbon electricity 
 generation assets during all hours of the operation of 
 the covered facility.
 ``
            (D) 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 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 covered facilities located in that region by 
 substituting `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 Administrator an amount equal to 3 
 percent of the amounts collected pursuant to fees and 
 penalties assessed under paragraph

    (3) during the 
 previous calendar year to support the administration of 
 the reporting program under subsection

    (b) and the 
 assessment of the fees and penalties under this 
 subsection.
 ``
        (B) Consumer energy costs.--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 25 percent of the amounts collected pursuant 
 to fees and penalties assessed under paragraph

    (3) during the previous calendar year to award grants to 
 States, Indian Tribes, municipalities, and electric 
 utilities to support programs that lower residential 
 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 paragraph

    (3) during 
 the previous calendar year to award to eligible 
 entities, as determined by the Administrator, 
 grants, rebates, advanced market commitments, 
 or low-interest loans, as determined 
 appropriate by the Administrator, for the 
 research, development, demonstration, and 
 deployment of--
 ``
            (I) zero-carbon electricity 
 generation assets that are capable of 
 generating electricity throughout the 
 year, with the exception of planned 
 outages for maintenance, refueling, or 
 retrofits, at capacity factors greater 
 than 70 percent; or
 ``
            (II) long-duration energy storage 
 assets that are capable of continuously 
 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 containing such 
 information as the Administrator may require.
 ``
            (iii) Certification and clawback.--
 ``
            (I) Certification.--An eligible 
 entity that receives an award under 
 clause
            (i) 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--
 ``

    (aa) not later than 2 
 years after the date on which 
 the eligible entity receives 
 the award, 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 
 generation, including long-
 duration energy storage assets 
 charged by zero-carbon 
 electricity, in all hours of 
 the year; and
 ``

    (bb) exclusively use the 
 additional amounts collected 
 pursuant to those higher rates 
 to support the financing, 
 development, or acquisition 
 of--

 ``

    (AA) zero-carbon 
 electricity generation 
 assets that are capable 
 of generating 
 electricity throughout 
 the year, with the 
 exception of planned 
 outages for 
 maintenance, refueling, 
 or retrofits, 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 
 Administrator determines that a 
 recipient of an award described in 
 subclause
            (I) has violated the 
 certification required under that 
 subclause, the Administrator shall seek 
 reimbursement of the full amount of the 
 award from the recipient.
 ``
            (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 facility; and
 ``

    (2) if a portion of a covered facility is leased to a 
 tenant and the leased space also meets the requirements 
 described in subsection

    (a)

    (1) --
 ``
        (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 amendment to any person or 
circumstance is held to be unconstitutional, 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.
 <all>