House Passes Ratepayer Protection Act 417-3, Requiring Data Centers to Cover Their Own Grid Infrastructure Costs
The U.S. House of Representatives passed the Ratepayer Protection Act on September 16, 2026, by a vote of 417 to 3, advancing bipartisan legislation that would require large data centers to bear the full costs of energy infrastructure built to serve them rather than passing those expenses on to existing utility customers.
What the Legislation Does
The bill, introduced by Congressman Gabe Evans of Colorado, establishes federal standards for state regulators to apply when reviewing proposals from large-load customers with an electricity demand of 100 megawatts or more. Under the legislation, data center operators would be required to cover the full incremental cost of grid upgrades through special rate structures or other agreements.
The bill also requires financial assurances from large-load customers that they will pay for the generation, transmission, and other infrastructure necessary to serve their demand, preventing those costs from being shifted onto residential customers and small businesses through higher electricity rates.
The legislation includes a provision designed to protect utilities and ratepayers if a large-load customer later scales back operations or exits the system entirely, ensuring that stranded infrastructure costs do not fall to ordinary customers in those scenarios.
In addition to the cost allocation requirements, the bill mandates that states that currently have no standards specific to data centers must commence hearings and make state-specific determinations for large-load data centers.
The legislation preserves state flexibility, however, by requiring regulators to consider the large-load standard without mandating any single rate structure. States retain the authority to determine how the standard applies within their own utility systems.
Broad Bipartisan Support
The 417-3 vote in the full House followed unanimous approval by the House Energy and Commerce Committee in July, where the bill advanced 52 to 0. That level of bipartisan agreement is rare in the current congressional environment and reflects broad consensus across party lines that the question of who should pay for data center infrastructure has become pressing enough to require a federal response.
Energy and Commerce Committee Chairman Brett Guthrie offered his support for the measure, stating that U.S.leadership in artificial intelligence is critical to economic prosperity and national security, but that the construction of needed infrastructure must come with appropriate accountability measures.
Congresswoman Kathy Castor, a Democrat from Florida who co-sponsored the bill, pointed to rising electricity costs in her home state as a motivating factor, arguing that technology companies and not families, farmers, or small businesses should pay for the grid upgrades that large AI data centers require.
The Ratepayer Concern Behind the Bill
The legislation emerges from a growing debate in state utility commissions and at the federal level over how to handle the enormous energy demands generated by the rapid expansion of artificial intelligence data centers.
As companies race to build out AI computing capacity, the associated electricity loads have raised questions about whether existing ratepayers will effectively subsidize infrastructure built primarily to serve major technology corporations.
Evans framed the issue explicitly in those terms.
His statement accompanying the bill's passage argued that hardworking families should not have to subsidize the energy demands of data centers, and that while America needs the infrastructure to compete internationally in artificial intelligence, that growth cannot come at the expense of ordinary utility customers, including farmers, seniors, and small businesses.
Castor echoed the concern, noting that Floridians are already dealing with high electric bills and should not be forced to subsidize the energy demands of what she described as the world's richest corporations.
Connection to the Ratepayer Protection Pledge
The Ratepayer Protection Act builds on a prior voluntary commitment known as the Ratepayer Protection Pledge, under which major technology companies, utilities, and governors agreed that data center developers should pay the energy and infrastructure costs associated with new data center development.
The legislation codifies principles from that pledge into federal statute, giving state regulators a structured framework to apply when evaluating large-load proposals rather than relying solely on voluntary corporate commitments.
Path to the Senate
With House passage secured, the bill now moves to the Senate for consideration. Senator Husted of Ohio, a Republican, is leading the Senate companion legislation. No timeline for Senate action was specified in the House announcement.
The legislation, if enacted, would represent a significant shift in how the costs of energy infrastructure expansion are allocated as data center development accelerates across the country.
The question of whether states have adequate tools to manage those costs has drawn attention from regulators and policymakers in multiple states already grappling with large-load interconnection requests from technology companies building AI computing facilities.