H.R. 9340House119th Congress (2025-2027)Failed

Ratepayer Protection Act

Sponsored by Gabe EvansRep. Gabe Evans (R-CO)
Introduced June 18, 2026

AI-Generated Summary

Updated September 26, 2026 at 7:57 AM UTC

The Ratepayer Protection Act adds a new federal rule to the Public Utility Regulatory Policies Act of 1978 that tells electric utilities how to charge very large non‑residential customers – such as data‑center campuses that draw 100 MW or more – for the cost of any upgrades needed to serve them. The rule requires those customers to pay the full incremental cost of new generation, transmission, or distribution upgrades and to provide financial guarantees before the upgrades are made.

Key Provisions

  • Defines a “large‑load customer” as a non‑residential electric consumer with a peak demand of 100 MW or more at a single site, primarily using electricity for information‑technology and data‑center operations.
  • Requires utilities to recover the full incremental cost of any generation, transmission, or distribution upgrades needed to serve a large‑load customer, even if the customer later ends the contract.
  • Mandates that utilities obtain financial assurances or contributions from the large‑load customer before undertaking such upgrades.
  • Directs state regulatory authorities and non‑regulated utilities to begin considering this new standard within one year of enactment and to finalize their decisions within two years, unless a comparable state standard is already in place.

Legislative Activity

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26 earlier actions
SenateFloor Latest Action

Motion to proceed to consideration of measure withdrawn in Senate. (CR S5199)

September 30, 2026

View full timeline
HouseIntro Referral

Introduced in House

June 18, 2026

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

June 18, 2026

HouseCommittee

Referred to the Subcommittee on Energy.

June 18, 2026

HouseCommittee

Subcommittee Consideration and Mark-up Session Held

June 24, 2026

HouseCommittee

Forwarded by Subcommittee to Full Committee by Voice Vote.

June 24, 2026

HouseCommittee

Committee Consideration and Mark-up Session Held

July 20, 2026

HouseCommittee

Committee Consideration and Mark-up Session Held

July 21, 2026

HouseCommittee

Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 52 - 0.

July 21, 2026

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 119-814.

September 10, 2026

HouseCalendars

Placed on the Union Calendar, Calendar No. 713.

September 10, 2026

HouseFloor

Mr. Guthrie moved to suspend the rules and pass the bill, as amended.

September 15, 2026 • 5:35 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5656-5661)

September 15, 2026 • 5:35 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 9340.

September 15, 2026 • 5:35 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

September 15, 2026 • 6:12 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5958-5959)

September 16, 2026 • 6:50 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 417 - 3 (Roll no. 312). (text: CR H5656-5657)

September 16, 2026 • 6:53 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 417 - 3 (Roll no. 312). (text: CR H5656-5657)

September 16, 2026 • 6:53 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 16, 2026 • 6:53 PM

SenateIntro Referral

Received in the Senate.

September 17, 2026

SenateCalendars

Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

September 23, 2026

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 684.

September 24, 2026

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S5065)

September 28, 2026

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S5065)

September 28, 2026

SenateFloor

Motion to proceed to consideration of measure made in Senate.

September 29, 2026

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S5199)

September 30, 2026

SenateFloor

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 57 - 43. Record Vote Number: 254.

September 30, 2026

SenateFloor

Motion to proceed to consideration of measure withdrawn in Senate. (CR S5199)

September 30, 2026

Amendments

4 amendments

Offered to this bill

Floor Debate

17 members

What members said about H.R. 9340 on the floor

10 Republicans7 Democrats
John Barrasso
Sen. John BarrassoR-WY · Sep 29, 2026

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I want to talk today about action, action Republicans are taking to lower the costs for American…

Mark R. Warner
Sen. Mark R. WarnerD-VA · Sep 29, 2026

Madam President, I think most of us in this Chamber realize that we are literally living through one of the most consequential technology moments in our lifetime, and that is why I am here with…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Sep 29, 2026

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, well, Donald Trump is asleep at the wheel when it comes to reining in unchecked AI. Right after…

Brian Schatz
Sen. Brian SchatzD-HI · Sep 29, 2026

Madam President, you know, this is about a couple of very simple questions. The first question is, Humans in control of technology or not? That is the first question. Even the mechanisms that we are…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Sep 15, 2026

Mr. Speaker, I thank my friend and the chairman of the House Energy and Commerce Committee (Mr. Guthrie) for yielding. Mr. Speaker, I rise in support of this really important bill by my friend Mr.…

Show 8 more
Steve Scalise
Rep. Steve ScaliseR-LA-1 · Sep 15, 2026

Mr. Speaker, I thank my friend and the chairman of the House Energy and Commerce Committee (Mr. Guthrie) for yielding. Mr. Speaker, I rise in support of this really important bill by my friend Mr.…

Jon Husted
Sen. Jon HustedR-OH · Sep 17, 2026

Mr. President, America is expected to build the equivalent of 1,000 major data centers during the next 5 years. You heard that correctly--a thousand data centers within the next 5 years, with more…

Kathy Castor
Rep. Kathy CastorD-FL-14 · Sep 15, 2026

Mr. Speaker, I thank the ranking member for yielding the time. Mr. Speaker, I rise in support of my bill, the Ratepayer Protection Act. I am proud to lead this bipartisan bill with Congressman Evans…

Kathy Castor
Rep. Kathy CastorD-FL-14 · Sep 15, 2026

Mr. Speaker, I thank the ranking member for yielding the time. Mr. Speaker, I rise in support of my bill, the Ratepayer Protection Act. I am proud to lead this bipartisan bill with Congressman Evans…

John Thune
Sen. John ThuneR-SD · Sep 29, 2026

Mr. President, I move to proceed to Calendar No. 684, H.R. 9340. Mr. President, we are coming to the end of the first year of the Rural Health Transformation Program. This multiyear initiative…

Andy Kim
Sen. Andy KimD-NJ · Sep 29, 2026

Madam President, I thank my colleagues Senator Warner and Senator Schatz. This is really an invitation to all of our colleagues to be able to join us in this moment because this is a call from the…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Sep 15, 2026

Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 9340, the Ratepayer Protection Act. Everyone knows that data centers are helping drive electricity prices to record…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Sep 15, 2026

Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 9340, the Ratepayer Protection Act. Everyone knows that data centers are helping drive electricity prices to record…

Show 11 more
Ted Cruz
Sen. Ted CruzR-TX · Sep 29, 2026

Madam President, in reserving the right to object, there is no doubt that AI will have profound effects on America's economy, national security, and culture. It is already having an enormous…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Sep 15, 2026

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 9340) to amend the Public Utility Regulatory Policies Act of 1978 to establish a Federal standard relating to the recovery of the…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Sep 15, 2026

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 9340) to amend the Public Utility Regulatory Policies Act of 1978 to establish a Federal standard relating to the recovery of the…

Martin Heinrich
Sen. Martin HeinrichD-NM · Sep 17, 2026

Mr. President, reserving the right to object, the Senator from Ohio and I agree on one thing: AI data centers can mean higher costs for American families, and in a lot of places, they already do. The…

Michael Lawler
Rep. Michael LawlerR-NY-17 · Sep 15, 2026

Madam Speaker, I thank the chairman for yielding me time. Madam Speaker, I rise today in support of H.R. 9340, the Ratepayer Protection Act. New York families and businesses face some of the highest…

Michael Lawler
Rep. Michael LawlerR-NY-17 · Sep 15, 2026

Madam Speaker, I thank the chairman for yielding me time. Madam Speaker, I rise today in support of H.R. 9340, the Ratepayer Protection Act. New York families and businesses face some of the highest…

Gabe Evans
Rep. Gabe EvansR-CO-8 · Sep 15, 2026

Mr. Speaker, I thank the chairman for yielding me time. Mr. Speaker, I rise today in support of my bipartisan bill with Representative Castor, the Ratepayer Protection Act. America is in a period of…

Gabe Evans
Rep. Gabe EvansR-CO-8 · Sep 15, 2026

Mr. Speaker, I thank the chairman for yielding me time. Mr. Speaker, I rise today in support of my bipartisan bill with Representative Castor, the Ratepayer Protection Act. America is in a period of…

Lauren Boebert
Rep. Lauren BoebertR-CO-4 · Sep 15, 2026

Madam Speaker, America is in a race for the future, and that future is artificial intelligence. We need to build data centers that will power American AI. We need to create jobs, grow our economy,…

Lauren Boebert
Rep. Lauren BoebertR-CO-4 · Sep 15, 2026

Madam Speaker, America is in a race for the future, and that future is artificial intelligence. We need to build data centers that will power American AI. We need to create jobs, grow our economy,…

Bernie Moreno
Sen. Bernie MorenoR-OH · Sep 17, 2026

Mr. President, reserving my right to object, I just want to make it crystal clear for everybody as to what just happened. If we had passed my colleague from Ohio's bill--the one he spent an enormous…

Bill Text

4 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued September 24, 2026

II

Calendar No. 684

119th CONGRESS

2d Session

H. R. 9340

IN THE SENATE OF THE UNITED STATES

September 17, 2026

Received

September 23, 2026

Read the first time

September 24, 2026

Read the second time and placed on the calendar

AN ACT

To amend the Public Utility Regulatory Policies Act of 1978 to establish a Federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers, and for other purposes.

1.

Short title

This Act may be cited as the Ratepayer Protection Act.

2.

Federal standard relating to large-load customers

(a)

Federal standard relating to large-load customers

Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:

(22)

Standards for large-load customers

(A)

Recovery of full, incremental cost of upgrades

A rate charged, or entered into, by an electric utility for providing electric service to a large-load customer shall be designed to recover from the large-load customer the full, incremental cost of any generation, transmission, or distribution upgrade necessary to serve the load of such large-load customer, including in the event of such large-load customer terminating a contract or other agreement with the electric utility pertaining to the sale of electric energy, or otherwise ceasing the purchase of electric energy from the electric utility.

(B)

Financial assurances and contributions

Before making any generation, transmission, or distribution upgrade that is necessary to serve the load of a large-load customer, an electric utility shall require the large-load customer provide to the electric utility financial assurances or contributions to cover the cost of such upgrade.

(C)

Large-load customer defined

In this paragraph, the term large-load customer means a non-residential electric consumer that, on or after the date of the enactment of this paragraph, requests to enter into, or enters into, a contract or other agreement pertaining to the sale of electric energy for one or more facilities that—

(i)

require electric energy primarily to operate information technology infrastructure and related systems pertaining to data storage and computational applications and services; and

(ii)

have, in the aggregate, a peak electric demand of 100 megawatts or more at a single site or campus.

.

(b)

Conforming amendments

(1)

Obligations to consider and determine

Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended—

(A)

in subsection (b), by adding at the end the following:

(9)
(A)

Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (22) of section 111(d).

(B)

Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (22) of section 111(d).

;

(B)

in subsection (c)—

(i)

by striking subsection (b)(2) and inserting subsection (b); and

(ii)

by inserting In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22). after paragraph (21).; and

(C)

by adding at the end the following:

(i)

Other prior state actions

Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection—

(1)

the State has implemented for the electric utility the standard (or a comparable standard);

(2)

the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or

(3)

the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.

.

(2)

Prior and pending proceedings

Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22)..

Passed the House of Representatives September 16, 2026.

Kevin F. McCumber,

Clerk.

September 24, 2026

Read the second time and placed on the calendar