Senate Deadlock Blocks House-Passed Data Center Power Bill

The United States Senate failed to pass the Ratepayer Protection Act on September 17, 2026, after competing legislative proposals were blocked via unanimous-consent objections. The bill had previously passed the House of Representatives on September 16 with an overwhelming 417-3 vote. It would have required state utility regulators to consider standards ensuring large data center operators—specifically those using at least 100 megawatts—pay the incremental costs of the energy infrastructure they require rather than passing those costs to residential and small business ratepayers.

Senator Martin Heinrich of New Mexico blocked the measure, arguing the bill lacked "real teeth" because it relied on voluntary state considerations. Heinrich proposed an alternative, the GRID Savings Act, which would use the Federal Energy Regulatory Commission to mandate that large industrial power users shoulder grid upgrade costs. However, Senator Bernie Moreno of Ohio blocked Heinrich's proposal, resulting in a legislative stalemate.

Senator Jon Husted, who sponsored the Senate companion bill, expressed disappointment over the missed opportunity before the November midterm elections. Despite the deadlock, President Donald Trump is coordinating with Senate Majority Leader John Thune to bring the bill to the floor. Trump views data center expansion as critical for AI leadership and competition with China, while the Energy Information Administration projects that AI-driven demand will continue to increase U.S. electricity sales through 2027.