Executive Summary
New York State Senator Liz Krueger has introduced a legislative proposal, S.8518, to impose excise taxes on electricity consumed by cryptocurrency mining companies operating within the state. The bill, co-sponsored by Assemblymember Anna Kelles, targets proof-of-work mining facilities, aiming to generate revenue for New York's Energy Affordability Programs and mitigate environmental impacts and electricity costs for residents. The proposal mandates a tiered tax structure, with exemptions for operations utilizing 100% renewable energy sources.
The Proposed Legislation
The legislation outlines a progressive excise tax system based on annual electricity consumption. Mining operations consuming 2.25 million kilowatt-hours (kWh) or less annually will be exempt. For consumption between 2.26 million and 5 million kWh, a tax of 2 cents per kWh will be applied. This rate increases to 3 cents per kWh for usage between 5 million and 10 million kWh, and 4 cents per kWh for up to 20 million kWh. The highest rate of 5 cents per kWh will be imposed on miners exceeding 20 million kWh per year. Operations powered entirely by renewable energy and not connected to the grid are exempt, a policy aligned with the prior two-year mining ban moratorium that expired in 2024. Proponents estimate the bill could generate over $500 million annually for energy affordability programs.
Financial Mechanics and Market Implications
The proposed energy tax is expected to significantly impact the financial viability of cryptocurrency mining operations in New York, particularly those reliant on grid electricity. The crypto mining industry operates with narrow profit margins, and additional energy costs could erode profitability. For instance, the median cost of mining a single Bitcoin surged past $70,000 in Q2 2025, driven by rising mining difficulty and network hashrate. Energy prices also increased, reaching approximately $0.08 per kWh in Q1 2025. This increase contributed to a $61.4 million loss for TeraWulf, a mining company with a facility in upstate New York, during that period.
The bill explicitly addresses the disparity between residential electricity rates, averaging 25-28 cents per kWh for New Yorkers, and the 2-5 cents per kWh paid by large-scale cryptomining corporations under special contracts. Senator Krueger stated that crypto miners "create significant costs and burdens on ratepayers, the electric grid, the local environment, and our shared climate." The additional operational costs from this tax may compel grid-reliant miners to relocate to jurisdictions offering more favorable energy pricing and regulatory environments, such as Kazakhstan, Paraguay, or hydro-rich African nations.
Broader Market and Environmental Context
The legislation underscores a growing global concern regarding the energy consumption and environmental footprint of cryptocurrency mining. Crypto mining and data centers globally accounted for 2% of world electricity demand in 2022, with projections indicating a rise to 3.5% within three years. This activity is also responsible for nearly 1% of global emissions, potentially reaching 0.7% of global carbon dioxide emissions by 2027. The energy required to mine a single Bitcoin rose to approximately 854,400 kilowatt-hours by July 2025, a substantial increase from 104,741 kWh before the April 2024 halving.
The United States currently accounts for an estimated 37.9% of the global Bitcoin hashrate. The rising energy cost per Bitcoin has prompted calls for operators to improve efficiency or cease operations. The International Monetary Fund (IMF) has suggested a direct tax of $0.047 to $0.089 per kilowatt-hour on crypto mining to curb emissions, indicating a global trend towards taxing energy-intensive digital asset activities. Such measures contribute to a concentration of mining among large, institutional entities with access to low-cost power, as smaller operators find it increasingly difficult to remain competitive.