S. 5028Senate119th Congress (2025-2027)In Committee

A bill 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.

Sponsored by Jon HustedSen. Jon Husted (R-OH)
Introduced July 16, 2026

AI-Generated Summary

Updated July 21, 2026 at 2:12 AM UTC

The Ratepayer Protection Act amends the Public Utility Regulatory Policies Act of 1978 to create a federal rule for "large‑load customers" – non‑residential electric users that need at least 100 MW of peak power and primarily run data‑center or other IT infrastructure. The bill requires electric utilities to recover the full, incremental cost of any generation, transmission, or distribution upgrades needed to serve these customers, and to obtain financial assurances from them before making such upgrades. It also sets deadlines for state regulators to consider and adopt the new standard, while allowing states that already have comparable rules to be exempt.

Key Provisions

  • Defines a "large‑load customer" as a non‑residential user with a peak demand of 100 MW or more at a single site, whose electricity primarily powers IT and data‑center operations.
  • Mandates that utilities charge large‑load customers rates that fully cover the incremental cost of any upgrades (generation, transmission, or distribution) required to serve them, even if the customer later ends the contract.
  • Requires utilities to obtain financial assurances or contributions from large‑load customers before undertaking any necessary upgrades.
  • Orders state regulatory authorities and non‑regulated utilities to begin (within 1 year) and complete (within 2 years) consideration of the new standard, unless the state already has a similar rule in place.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Energy and Natural Resources.

July 16, 2026

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SenateIntro Referral

Introduced in Senate

July 16, 2026

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

July 16, 2026

Floor Debate

1 member

What members said about S. 5028 on the floor

1 Republican
Jon Husted
Sen. Jon HustedR-OH · Sep 30, 2026

Mr. President, I rise today to speak about making life more affordable by lowering electricity prices through my bill, the Ratepayer Protection Act. Americans are increasingly realigned on the…

Bill Text

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Introduced in SenateIssued July 16, 2026

II

119th CONGRESS

2d Session

S. 5028

IN THE SENATE OF THE UNITED STATES

July 16, 2026

Mr. Husted introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

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)

In general

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)

Definition of large-load customer

In this paragraph, the term large-load customer means a non-residential electric consumer that, on or after the date of 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)

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 the large-load customer—

(i)

terminating a contract or other agreement with the electric utility pertaining to the sale of electric energy; or

(ii)

otherwise ceasing the purchase of electric energy from the electric utility.

(C)

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.

.

(b)

Obligations To consider and determine

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

(1)

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).

;

(2)

in subsection (c)—

(A)

in the first sentence, by striking subsection (b)(2) and inserting subsection (b); and

(B)

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 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).; and

(3)

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.

.

(c)

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)..