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Senate Bill S8518

2025-2026 Legislative Session

Imposes an excise tax on energy used in digital asset mining using proof-of-work authentication methods

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Current Bill Status - In Senate Committee Rules Committee

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2025-S8518 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Tax Law
Laws Affected:
Add §186-h, Tax L

2025-S8518 (ACTIVE) - Summary

Imposes an excise tax on any taxpayer engaged in the trade or business of digital asset mining; provides that taxes, interest, and penalties collected or received from such taxes shall be used for prompt assistance to utility customers enrolled in energy affordability programs.

2025-S8518 (ACTIVE) - Sponsor Memo

2025-S8518 (ACTIVE) - Bill Text download pdf

                             
                     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
              

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