WASHINGTON — The House on Wednesday, Sept. 16, 2026, passed the bipartisan Ratepayer Protection Act (H.R. 9340) by a 417–3 vote, directing state utility regulators to consider standards that would make large-load customers — including AI data centers — cover the full incremental cost of generation and grid upgrades built to serve them.

Clerk of the House roll call 312 recorded the measure as passed under suspension of the rules (two-thirds required) at about 6:53 p.m., with 12 members not voting. The bill now goes to the Senate, where companion S. 5028, sponsored by Sen. Jon Husted (R-Ohio), has been referred to Energy and Natural Resources and has not passed.

Rep. Gabe Evans (R-Colo.) introduced the House bill; Rep. Kathy Castor (D-Fla.) was an original cosponsor. Per Congress.gov’s summary, a “large-load customer” means a non-residential consumer seeking power primarily for IT infrastructure and data-storage/compute services with peak demand of 100 megawatts or more at a single site or campus. The federal standard states would consider would design rates to recover from that customer the full incremental cost of generation, transmission, or distribution upgrades — including costs if the customer later terminates service — and require financial assurances before utilities build those upgrades.

Critically, the bill does not force states to adopt the standard. It is a PURPA-style “consider and determine” obligation: state regulators and nonregulated utilities must take up the standard for hearing within roughly a year of enactment and decide within about two years whether to implement it. Rate design remains a state call. CBS News and other outlets framed the vote as an affordability play amid midterm pressure over AI-driven power demand; House Speaker Mike Johnson said the Act “guarantees hardworking American families won’t foot the bill for the buildout of AI infrastructure,” while Minority Leader Hakeem Jeffries called it “a step forward” that still leaves more to do.

Who pays for the AI power boom is a real fight — and “consider” is not the same as “shall.” Congress can stage a nearly unanimous theater vote that still leaves the hard allocation decisions with state commissions, where utilities, hyperscalers, and ratepayer advocates actually slug it out. Until a state adopts a hard cost-shift rule — or the Senate moves Husted’s companion — households remain one regulatory hearing away from subsidizing someone else’s megawatts.

Dated Wednesday, Sept. 16, 2026: House passes H.R. 9340 Ratepayer Protection Act 417–3 (Clerk roll call 312); Evans/Castor bipartisan; large-load ≥100 MW data-center customers; states must consider, not adopt; Senate S.5028 (Husted) not yet passed.

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