S T A T E O F N E W Y O R K
________________________________________________________________________
8518
2025-2026 Regular Sessions
I N S E N A T E
October 1, 2025
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the tax law, in relation to imposing an excise tax on
energy used in digital asset mining using proof-of-work authentication
methods
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The tax law is amended by adding a new section 186-h to
read as follows:
§ 186-H. EXCISE TAX ON ENERGY USED IN DIGITAL ASSET MINING USING
PROOF-OF-WORK AUTHENTICATION METHODS. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "AFFILIATE" MEANS, WITH RESPECT TO ANY SPECIFIED ENTITY, AN ENTITY
THAT DIRECTLY, OR INDIRECTLY THROUGH ONE OR MORE INTERMEDIARIES,
CONTROLS OR IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH, THE ENTI-
TY SPECIFIED.
(B) "BLOCKCHAIN" MEANS DATA THAT IS:
(I) SHARED ACROSS A NETWORK TO CREATE A LEDGER OF VERIFIED TRANS-
ACTIONS OR INFORMATION AMONG NETWORK PARTICIPANTS LINKED USING CRYPTOG-
RAPHY TO MAINTAIN THE INTEGRITY OF THE LEDGER AND TO EXECUTE OTHER FUNC-
TIONS; AND
(II) DISTRIBUTED AMONG NETWORK PARTICIPANTS IN AN AUTOMATED FASHION TO
CONCURRENTLY UPDATE NETWORK PARTICIPANTS ON THE STATE OF THE LEDGER AND
ANY OTHER FUNCTIONS.
(C) "CONTROL" (INCLUDING THE TERMS CONTROLLING, CONTROLLED BY AND
UNDER COMMON CONTROL WITH) MEANS THE POSSESSION, DIRECT OR INDIRECT, OF
THE POWER TO DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLI-
CIES OF AN ENTITY, WHETHER THROUGH THE OWNERSHIP OF VOTING SECURITIES,
BY CONTRACT, OR OTHERWISE.
(D) "CONTROLLED GROUP" MEANS TWO OR MORE ENTITIES THAT ARE AFFILIATES
OF EACH OTHER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10789-04-5
S. 8518 2
(E) "DIGITAL ASSET" MEANS AN ASSET THAT IS ISSUED, TRANSFERRED, OR
BOTH, USING DISTRIBUTED LEDGER OR BLOCKCHAIN TECHNOLOGY, INCLUDING, BUT
NOT LIMITED TO, DIGITAL CURRENCIES, DIGITAL COINS, DIGITAL NON-FUNGIBLE
TOKENS OR OTHER SIMILAR ASSETS.
(F) "DISTRIBUTED LEDGER OR BLOCKCHAIN TECHNOLOGY" MEANS A DIGITAL
SYSTEM FOR RECORDING, STORING, AND SHARING DATA OR TRANSACTIONS ACROSS
MULTIPLE COMPUTERS OR DEVICES:
(I) IN WHICH EACH PARTICIPANT MAINTAINS AN IDENTICAL COPY OF THE
LEDGER AND UPDATES ARE VALIDATED THROUGH A CONSENSUS MECHANISM AMONG THE
PARTICIPANTS RATHER THAN BY A SINGLE CENTRALIZED AUTHORITY; AND
(II) WHICH EMPLOYS CRYPTOGRAPHIC METHODS TO ENSURE DATA INTEGRITY,
CHRONOLOGICAL ORDERING, AND RESISTANCE TO UNAUTHORIZED ALTERATION OF
RECORDS.
(III) MAY TAKE THE FORM OF A BLOCKCHAIN NETWORK OR OTHER DATA STRUC-
TURES THAT PROVIDE DECENTRALIZED VALIDATION, TRANSPARENCY, AND SYNCHRO-
NIZATION OF RECORDS AMONG PARTICIPANTS, WHETHER PERMISSIONED OR PERMIS-
SIONLESS, PUBLIC OR PRIVATE.
(G) "DIGITAL ASSET MINING USING PROOF-OF-WORK AUTHENTICATION METHODS"
MEANS THE OPERATION OF SPECIALIZED COMPUTER HARDWARE OR DEVICES, INCLUD-
ING BUT NOT LIMITED TO APPLICATION-SPECIFIC INTEGRATED CIRCUITS (ASICS)
OR GRAPHICS PROCESSING UNITS (GPUS) FOR THE PURPOSE OF VALIDATION OR
AUTHENTICATION OF TRANSACTIONS, RECORDING DATA, OR SECURING CONSENSUS ON
A DISTRIBUTED LEDGER OR BLOCKCHAIN NETWORK THROUGH THE REPEATED PERFORM-
ANCE OF COMPUTATIONAL ALGORITHMS. SUCH PROCESSES, COMMONLY REFERRED TO
AS "PROOF-OF-WORK", INVOLVE SOLVING CRYPTOGRAPHIC OR MATHEMATICAL
PUZZLES OF INCREASING DIFFICULTY IN ORDER TO CREATE NEW UNITS OF DIGITAL
ASSETS OR TO RECEIVE COMPENSATION IN THE FORM OF TRANSACTION FEES OR
BLOCK REWARDS, AND ARE CHARACTERIZED BY CONTINUOUS, HIGH-INTENSITY ELEC-
TRICITY CONSUMPTION FOR THE PURPOSE OF VERIFYING TRANSACTIONS AND MAIN-
TAINING THE INTEGRITY OF THE BLOCKCHAIN.
2. (A) THERE IS HEREBY IMPOSED ON ANY TAXPAYER ENGAGED IN THE BUSINESS
OF DIGITAL ASSET MINING USING PROOF-OF-WORK AUTHENTICATION METHODS A TAX
ON THE ANNUAL CONSUMPTION OF ELECTRICITY PURCHASED, PRODUCED, OR
ACQUIRED BY SUCH TAXPAYER DURING A TAXABLE YEAR AND USED BY SUCH TAXPAY-
ER WITH RESPECT TO SUCH BUSINESS IN THIS STATE.
(B) THE RATE OF TAX IMPOSED BY THIS SECTION SHALL BE AS FOLLOWS:
(I) FOR EVERY KILOWATT-HOUR LESS THAN OR EQUAL TO 2.25 MILLION KILO-
WATT-HOURS PER YEAR, 0 CENTS PER KILOWATT-HOUR.
(II) FOR EVERY KILOWATT-HOUR OVER 2.25 MILLION TO 5 MILLION KILOWATT-
HOURS PER YEAR, 2 CENTS PER KILOWATT-HOUR.
(III) FOR EVERY KILOWATT-HOUR OVER 5 MILLION TO 10 MILLION KILOWATT-
HOURS PER YEAR, 3 CENTS PER KILOWATT-HOUR.
(IV) FOR EVERY KILOWATT-HOUR OVER 10 MILLION TO 20 MILLION KILOWATT-
HOURS PER YEAR, 4 CENTS PER KILOWATT-HOUR.
(V) FOR EVERY KILOWATT-HOUR OVER 20 MILLION KILOWATT-HOURS PER YEAR, 5
CENTS PER KILOWATT-HOUR.
(C) FOR THE PURPOSES OF THIS SECTION, TAXPAYERS IN A CONTROLLED GROUP
ARE TREATED AS A SINGLE ENTITY FOR THE PURPOSE OF DETERMINING ANNUAL
CONSUMPTION OF ELECTRICITY USED WITH RESPECT TO THE BUSINESS OF DIGITAL
ASSET MINING USING PROOF-OF-WORK AUTHENTICATION METHODS IN THIS STATE,
AND SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY PAYMENT OWED PURSUANT
TO THIS SECTION BY ANY ENTITY IN THE CONTROLLED GROUP.
(D) THE ADMINISTRATIVE PROCEDURES SET FORTH IN ARTICLE TWENTY-SEVEN OF
THIS CHAPTER SHALL APPLY UNLESS SPECIFIC PROVISIONS TO THE CONTRARY ARE
SET FORTH IN THIS SECTION.
S. 8518 3
(E) THE DEPARTMENT OF TAXATION AND FINANCE MAY PRESCRIBE SUCH RULES
AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THIS SECTION.
(F) THE TAX IMPOSED BY THIS SECTION SHALL NOT APPLY TO THE CONSUMPTION
OF ELECTRICITY PRODUCED BY RENEWABLE ENERGY SYSTEMS, AS DEFINED IN
SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, AND CONSUMED BY A FACILI-
TY THAT IS NOT CONNECTED TO THE ELECTRIC SYSTEM AND NOT OPERATED IN
CONJUNCTION WITH AN ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION
FACILITIES.
3. ALL TAXES, INTEREST, AND PENALTIES COLLECTED OR RECEIVED FROM TAXES
IMPOSED BY THIS SECTION SHALL BE USED TO PROVIDE BENEFITS TO ELIGIBLE
RESIDENTIAL CUSTOMERS ENROLLED IN ENERGY AFFORDABILITY PROGRAMS AUTHOR-
IZED BY THE PUBLIC SERVICE COMMISSION AND ADMINISTERED BY THE DEPARTMENT
OF PUBLIC SERVICE, IN CONSULTATION WITH THE ENERGY AFFORDABILITY POLICY
WORKING GROUP.
§ 2. This act shall take effect immediately and shall apply to all
taxable years commencing on and after January 1, 2027.