New York 2025-2026 Regular Session

New York Assembly Bill A09138

Introduced
10/17/25  
Refer
10/17/25  

Caption

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.

Impact

The tax collected under this bill is earmarked for funding energy affordability programs for residential customers, suggesting a direct relationship between the revenue generated from the taxes on digital asset mining and the support of energy initiatives aimed at assisting consumers. By targeting the digital asset mining industry, which can have disproportionately high electricity needs, the bill aims to funnel these profit streams back into the community, potentially enhancing energy resources for those in need.

Summary

A09138 is a legislative proposal introduced in New York that seeks to impose an excise tax on the energy used for digital asset mining operations utilizing proof-of-work authentication methods. This tax is designed to address the significant energy consumption associated with cryptocurrency mining activities, which have drawn scrutiny for their environmental impact. The bill stipulates specific tax rates based on the annual consumption of electricity, with a tiered approach wherein lower consumption levels attract lower or no taxes, while higher consumption incurs increased rates.

Conclusion

Overall, A09138 addresses critical energy issues while balancing the need for fiscal responsibility within the burgeoning digital asset sector. As further discussions unfold, stakeholders from various sectors will likely weigh in on how best to implement the principles of responsible energy consumption against the backdrop of economic growth and technological advancement.

Contention

Notably, there may be contention surrounding the bill among the tech and financial sectors, particularly from advocates of digital currencies who might argue that this tax could stifle innovation and competitiveness in New York’s burgeoning tech landscape. Additionally, implications could arise concerning the integration of renewable energy solutions, as the bill specifies exemptions on taxes for energy derived from renewable sources, affecting miners who rely on non-renewable energy.

Companion Bills

NY S08518

Same As 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.

Previously Filed As

NY S08518

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.

NY A10492

Prohibits utilities from charging customers excise tax; provides such tax shall be charged against and paid by the utility.

NY S09102

Prohibits utilities from charging customers excise tax; provides such tax shall be charged against and paid by the utility.

NY A09311

Designates all taxes, interest and penalties collected by the opioid excise tax for the New York state drug treatment and public education fund.

NY S07641

Designates all taxes, interest and penalties collected by the opioid excise tax for the New York state drug treatment and public education fund.

NY HB5268

Relating to the maximum amount of penalties that may be imposed for delinquent taxes and tax reports and the application of taxpayer payments to taxes, penalties, and interest.

NY HB5012

Relating to the maximum amount of penalties that may be imposed for delinquent taxes and tax reports and the application of taxpayer payments to taxes, penalties, and interest.

NY A10395

Provides that the sale of a rental vehicle to a rental business for use in such business is subject to taxes and shall not be considered a sale for resale.

NY S07922

Provides that no interest shall accrue on taxes imposed by a city with a population of one million or more unless a tax appeals tribunal shall have made a determination within one year from the date a petition is filed.

NY S08746

Provides that receipts from other services and other business receipts, taxpayers, and combined groups including members, engaged in providing professional employer organization services shall include with such receipts amounts received with respect to wages, benefits, and other employee expenses disbursed to or for the benefit of a client's worksite employees and the related employment taxes if the amounts received are included in the calculation of the business income base or the combined business income base, respectively.

Similar Bills

No similar bills found.