The U.S. House of Representatives could vote as early as Tuesday night on a bipartisan bill designed to prevent AI data center energy costs from being passed on to consumers.
The measure, called the Ratepayer Protection Act, would establish standards that state regulators could adopt to require artificial intelligence data centers with a demand of 100 megawatts or more to cover the costs of new power sources, transmission lines and related infrastructure, rather than shifting them to ratepayers.
“The principle is commonsense: Those creating the new demand should be responsible for the costs associated with meeting that demand,” said Rep. Gabe Evans, a Colorado Republican and the bill’s sponsor, in a Washington Reporter op-ed on Monday. Evans is seeking reelection in one of the year’s most closely contested House seats.
House Speaker Mike Johnson is expected to bring the bill to the floor under suspension of the rules, a process for expediting noncontroversial legislation that requires a two-thirds vote. It is expected to draw broad support from both parties, as members prepare to campaign in their districts.
Evans introduced the legislation in June with Rep. Kathy Castor, a Florida Democrat also facing a difficult reelection after her district was redrawn earlier this year. The Cook Political Report with Amy Walter has rated both races a “toss up.” The bill would codify parts of the White House’s “Ratepayer Protection Pledge,” released by President Donald Trump in March.
States and localities retain primary authority over individual projects, but the House measure would create guardrails states could choose to adopt to address higher utility costs, a leading concern of residents living near data center developments.
Sara Chieffo, senior vice president of government affairs at the League of Conservation Voters, said in a statement that the bill’s “weak directive to states to voluntarily consider adopting cost protections” could be ignored by state regulators.
Mitch Jones, managing director of policy and litigation at Food & Water Watch, said in a statement on Monday that the legislation would speed construction of new data centers and “provide questionable means for companies to claim they are paying for their own power.”
House Minority Leader Hakeem Jeffries said Monday he supports the bill, calling it “a step forward” while adding that “more clearly needs to be done.” Jeffries urged Republicans to keep the House in session beyond Thursday, when a seven-week recess is set to begin ahead of the Nov. 3 election, to address broader AI concerns.
Sen. John Kennedy, a Louisiana Republican, told reporters he planned to introduce a bill requiring an AI “kill switch” to shut down rogue technology.