WHAT THE LAW DOINCongress, in plain words

H.R. 9340 · 119th Congress

Ratepayer Protection Act

Passed HouseEnergy
IntroducedJun 18, 2026
Passed HouseSep 16, 2026
Passed SenateNot yet
To PresidentNot yet
Became lawNot yet

Where it stands

Passed House. Latest step, Sep 30, 2026: Motion to proceed to consideration of measure withdrawn in Senate. (CR S5199) The House passed it 417–3. All 4 of Iowa's representatives voted yes in the House. It would change 3 sections of existing law.

How this bill changes the law

Sourced

H.R. 9340 would change 3 sections of existing law. Read from the bill text as placed on the Senate calendar (Sep 24, 2026).

16 U.S.C. 2621 Consideration and determination respecting certain ratemaking standards

16 U.S.C. 2622 Obligations to consider and determine

16 U.S.C. 2634 Prior and pending proceedings

What the words would change: every change, in place (6)

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

  1. 16 U.S.C. 2621(d)added (22)by H.R. 9340 Sec. 2(a)

    (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.

    The bill says: 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:

  2. 16 U.S.C. 2622(b)added (9)by H.R. 9340 Sec. 2(b)

    (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).

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

  3. 16 U.S.C. 2622(c)changedby H.R. 9340 Sec. 2(b)

    …in the first rate proceeding commenced after the date three years after November 9, 1978, respecting the rates of such utility if such State regulatory authority or nonregulated electric utility has not, before such date, complied with subsection (b)(2)subsection (b) with respect to such standard. In the case of each standard established by paragraphs (11) through (13) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to…

    The bill says: by striking "subsection (b)(2)" and inserting "subsection (b)"; and

  4. 16 U.S.C. 2622(c)changedby H.R. 9340 Sec. 2(b)

    The bill says: 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

  5. 16 U.S.C. 2622added (i)by H.R. 9340 Sec. 2(b)

    (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.

    The bill says: by adding at the end the following:

  6. 16 U.S.C. 2634addedby H.R. 9340 Sec. 2(b)

    The bill says: 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).".

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.

What it does

Sourced

Ratepayer Protection Act

The bill requires state utility regulators and nonregulated utilities to consider implementing a standard to hold certain large-load customers responsible for the costs associated with any generation, transmission, or distribution upgrade of electric service necessary to serve such customers. A large-load customer means a non-residential electric consumer that enters, or requests to enter, an agreement concerning the sale of electric energy primarily to operate information technology infrastructure and related systems pertaining to data storage and computational applications and services (e.g., data centers) that have a peak electric demand of 100 megawatts or more at a single site or campus.

Specifically, the bill requires states to consider implementing a federal standard for large-load customers. The standard must require rates charged by electric utilities for providing electric service to a large-load customer to be designed to recover from the large-load customer the full, incremental cost of any generation, transmission, or distribution upgrade necessary to serve such customer. This rate must include the costs that would be incurred if the large-load customer terminates an agreement with the electric utility pertaining to the sale of electric energy or otherwise ceases the purchase of energy from the electric utility.

Under the standard, an electric utility must require the large-load customer to provide to the utility financial assurances or contributions to cover the cost of any generation, transmission, or distribution upgrade that is necessary to serve the load of a large-load customer before the utility makes any generation, transmission, or distribution upgrade.

Official summary by the Congressional Research Service (Reported to House, Sep 10, 2026).

Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.

What has happened

Sourced
  1. Sep 16, 2026Passed/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) Roll call recordLibrary of Congress
  2. Sep 10, 2026Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 119-814.Library of Congress
  3. Jun 18, 2026Introduced in HouseLibrary of Congress

Show all 29 recorded actions

Recorded votes

Sourced
  1. Sep 16, 2026 · HousePassed 417–3
    On Motion to Suspend the Rules and Pass, as Amended · needed two-thirds
    R 210 yes, 0 noI 1 yes, 0 noD 206 yes, 3 noEach member · Record
1 other recorded vote (procedure and amendments)
  1. Sep 30, 2026 · SenateCloture on the Motion to Proceed Rejected 57–43
    Iowa: Joni Ernst yes, Chuck Grassley yes
    On Cloture on the Motion to Proceed · needed three-fifths
    R 53 yes, 0 noI 0 yes, 2 noD 4 yes, 41 noEach member · Record

Cosponsors

  • Tom Barrett R-MI-7
  • Michael Baumgartner R-WA-5
  • Sanford D. Bishop, Jr. D-GA-2
  • Lauren Boebert R-CO-4
  • Earl L. "Buddy" Carter R-GA-1
  • Kathy Castor D-FL-14
  • Ben Cline R-VA-6
  • Jeff Crank R-CO-5
  • Henry Cuellar D-TX-28
  • Monica De La Cruz R-TX-15
  • Pat Fallon R-TX-4
  • Brad Finstad R-MN-1
Show 30 more cosponsors
  • Brian K. Fitzpatrick R-PA-1
  • Mike Flood R-NE-1
  • Clay Fuller R-GA-14
  • Maggie Goodlander D-NH-2
  • Josh Gottheimer D-NJ-5
  • H. Morgan Griffith R-VA-9
  • Harriet M. Hageman R-WY-At Large
  • Bill Huizenga R-MI-4
  • Jeff Hurd R-CO-3
  • Jim Jordan R-OH-4
  • John Joyce R-PA-13
  • Thomas H. Kean, Jr. R-NJ-7
  • Jennifer A. Kiggans R-VA-2
  • Michael Lawler R-NY-17
  • Laurel M. Lee R-FL-15
  • Ryan Mackenzie R-PA-7
  • Michael T. McCaul R-TX-10
  • Jennifer L. McClellan D-VA-4
  • Kristen McDonald Rivet D-MI-8
  • John J. McGuire III R-VA-5
  • John R. Moolenaar R-MI-2
  • Riley M. Moore R-WV-2
  • Robert F. Onder, Jr. R-MO-3
  • Christopher H. Smith R-NJ-4
  • David G. Valadao R-CA-22
  • Jefferson Van Drew R-NJ-2
  • Beth Van Duyne R-TX-24
  • Derrick Van Orden R-WI-3
  • Randy K. Weber, Sr. R-TX-14
  • Robert J. Wittman R-VA-1