RATEPAYER PROTECTION ACT

On 2026-09-15, Representative Brett Guthrie (R-KY-2) delivered a floor speech titled "RATEPAYER PROTECTION ACT" in the House.

RATEPAYER PROTECTION ACT

Congressional Record, Volume 172 Issue 145 (Tuesday, September 15, 2026) [Congressional Record Volume 172, Number 145 (Tuesday, September 15, 2026)] [House] [Pages H5656-H5661] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] RATEPAYER PROTECTION ACT Mr. GUTHRIE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 9340) 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, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 9340 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ratepayer Protection Act''. SEC. 2. FEDERAL STANDARD RELATING TO LARGE-LOAD CUSTOMERS. (a) Federal Standard Relating to Large-load Customers.-- 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) 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.''. (b) Conforming Amendments.-- (1) Obligations to consider and determine.--Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended-- (A) 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).''; [[Page H5657]] (B) in subsection (c)-- (i) by striking ``subsection (b)(2)'' and inserting ``subsection (b)''; and (ii) 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 (C) 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.''. (2) 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).''. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Kentucky (Mr. Guthrie) and the gentleman from New Jersey (Mr. Pallone) each will control 20 minutes. The Chair recognizes the gentleman from Kentucky. General Leave Mr. GUTHRIE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 9340. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Kentucky? There was no objection. Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 9340, the Ratepayer Protection Act, sponsored by my colleague and friend from Colorado, Congressman Evans. This bill encourages States to protect our neighbors and small businesses from footing the bill for infrastructure investments needed for the AI race, while protecting existing State authorities. The evidence is clear: When States have the proper processes in place to protect households, interconnecting large-load data centers have positive benefits for the communities in which they reside. Data center growth can be a catalyst for investment in an aging grid, strengthening the tax base to fund essential public services and anchor tenants for utilities that lower rates for everyone else. Electricity demand is growing at a pace not seen since World War II, and communities are rightly concerned about what this might mean for their daily lives. As this industry continues to develop, I want to be absolutely clear that we need it to develop here at home and not in China. H.R. 9340 takes action on behalf of our constituents so we may keep costs low while ensuring the U.S. leads in the next-generation economy. If we cede the race for AI dominance to China, then China will set the standards for future technology. This bill strikes the right balance of providing a modest but important level of accountability as we continue to support this vital industry. Mr. Speaker, I thank my friend from Colorado again for his tireless bipartisan leadership on this issue. He is bringing together both sides of the aisle on a critical issue. I would say, we were home, working in our districts in August. We listened to our constituents, and we are here today based on what we heard, taking action here in Washington, D.C. That is how our system is supposed to work. Mr. Speaker, I urge my colleagues to support this legislation, and I reserve the balance of my time. Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 9340, the Ratepayer Protection Act. Everyone knows that data centers are helping drive electricity prices to record highs this year. Just in the mid-Atlantic over the past few years, data centers have increased electric bills by over $30 billion. By and large, it has not been the data centers that have been footing the bill. It has been our constituents. This problem is happening across the Nation, from Texas to California, from Florida to Washington State. It doesn't matter if you are in a red State or a blue State. Your prices have gone up. Americans, Mr. Speaker, are concerned about what data centers and Big Tech's push for more AI means for their communities, jobs, property values, and the future. Electricity prices are skyrocketing. The electric grid is strained. Our clean air and water are being polluted. Noise is wearing on our communities' health and patience. People, frankly, are sick and tired of corporate special interests and Big Tech billionaires taking over their neighborhoods and threatening their utility bills, air, water, and property. Unfortunately, these very real concerns are repeatedly swept to the sidelines, minimized, or ridiculed by President Trump and Republican congressional leaders. Last month, Trump posted on social media that communities that opposed data centers must want to end up being backward and poor. The President, in my opinion, is out of touch on this issue, and the American people are demanding action. That is the reality we are living in right now, where President Trump wants to continue to give Big Tech free rein to build data centers, with no Federal guardrails. This bill is a start in addressing the impact that data centers have on our power bills, but this particular bill does not go far enough to ensure that Big Tech and other data center owners fully pay for the energy use and demand that they create. The bill requires State utility regulators to consider--and I say ``consider''--mandating that the electricity prices that data centers pay fully account for all their costs that they impose

Referenced legislation: HR9340, HR9340