The Data Center Community Reinvestment Act of 2026 establishes a 1-cent-per-kilowatt-hour excise tax on large data centers to fund environmental, housing, infrastructure, and energy technology initiatives.
Andrea Salinas
Representative
OR-6
The Data Center Community Reinvestment Act of 2026 establishes a new excise tax of 1 cent per kilowatt-hour on electricity consumed by large-scale data centers. The revenue generated from this tax will be distributed across several key public initiatives, including housing, infrastructure, environmental conservation, and energy technology development.
The Data Center Community Reinvestment Act of 2026 introduces a new federal excise tax specifically targeting the massive facilities that power our digital lives. Under Section 2, any data center with a power capacity over 1 megawatt will be required to pay 1 cent for every kilowatt-hour of electricity it consumes. This isn't just a small fee; for the industrial-scale warehouses full of servers that keep our streaming services and AI tools running, these costs could add up to millions in new annual operating expenses. The tax applies to both electricity used and taxes received immediately following the bill’s enactment.
Instead of disappearing into a general government pot, the revenue from this tax is strictly divided into five equal slices of 15% each. This means that for every dollar collected, 15 cents is funneled directly into the Housing Trust Fund to support affordable housing and another 15 cents goes to the Highway Trust Fund for road and bridge repairs. The bill also allocates 15% portions to the Land and Water Conservation Fund and the Hazardous Substance Superfund for environmental cleanup. If you’ve been frustrated by rising rent or potholes on your commute, this bill attempts to link the booming tech infrastructure industry directly to those everyday physical problems.
The final 15% of the revenue is earmarked for a brand-new Energy Technology Trust Fund created under Section 9512. This fund is designed to back financial guarantees for innovative energy projects, essentially using the tax on current data center energy use to help jumpstart the next generation of power technology. For workers in the energy sector or tech startups, this could mean more federal backing for clean energy projects that aren't quite ready for traditional bank loans.
While the tax is levied on the data center operators, the real-world question is who ultimately picks up the tab. Large-scale data centers are the backbone of everything from your cloud photo storage to corporate payroll systems. Because this tax is tied directly to electricity consumption—a data center's biggest overhead cost—there is a high probability that these facilities will pass the 1-cent-per-kWh cost down to their clients. For a software developer or a small business owner relying on cloud hosting, this could eventually show up as a modest increase in monthly subscription fees or service costs as the industry adjusts to these new operational realities.