<p class="wp-block-paragraph"><a href="https://www.washingtonexaminer.com/section/senate/" rel="noopener noreferrer" target="_blank">Senate</a> Democrats blocked a bill on Wednesday aimed at shielding households from <a href="https://www.washingtonexaminer.com/section/policy/energy-and-environment/" rel="noopener noreferrer" target="_blank">energy</a> costs associated with data centers, preventing Republicans from achieving a legislative win before the <a href="https://www.washingtonexaminer.com/tag/2026-election/" rel="noopener noreferrer" target="_blank">midterm elections</a>.</p>
<p class="wp-block-paragraph">The Ratepayer Protection Act, sponsored by Sen. <a href="https://www.washingtonexaminer.com/tag/jon-husted/" rel="noopener noreferrer" target="_blank">Jon Husted</a> (R-OH), fell three votes short of the 60 needed to overcome a filibuster and initiate debate. All but four Democrats opposed the measure, despite significant support in the House earlier this month. The Democrats who voted in favor were Sens. Maggie Hassan (NH), Amy Klobuchar (MN), Jon Ossoff (GA), and Raphael Warnock (GA).</p>
<p class="wp-block-paragraph">This outcome represents a setback for Husted, who is facing a challenging re-election campaign against Democratic opponent, former Ohio Sen. Sherrod Brown. In Ohio and nationally, candidates have distanced themselves from<a href="https://www.washingtonexaminer.com/tag/data-centers/" rel="noopener noreferrer" target="_blank"> data center </a>construction while accusing their opponents of previous support for it.</p>
<p class="wp-block-paragraph">The proposed bill would require state regulators to consider standards for new data centers and hyperscalers that consume over 100 megawatts of electricity to cover the costs of new generation, transmission, and <a href="https://www.washingtonexaminer.com/section/policy/infrastructure/" rel="noopener noreferrer" target="_blank">infrastructure </a>upgrades.</p>
<p class="wp-block-paragraph">Democrats have argued that the measure lacks effectiveness because it does not establish a federal standard and is voluntary.</p>
<p class="wp-block-paragraph">Sen. Martin Heinrich (D-NM) stated on X that “The Ratepayer Protection Act is exactly what Congress is known for: all message and no substance.” He added, “It’s not enough for us to tell states to consider making data centers pay for grid upgrades. If voluntary worked, we wouldn’t need legislation.”</p>
<p class="wp-block-paragraph">Husted attempted to pass the bill under unanimous consent last week, but Heinrich objected, advocating for his own bill, the GRID Savings Act, which would require large-load users to pay for their grid upgrades.</p>
<p class="wp-block-paragraph">The Ratepayer Protection Act was previously passed in the House, sponsored by Reps. Gabe Evans (R-CO) and Kathy Castor (D-FL).</p>
<p class="wp-block-paragraph">In response to criticism regarding the lack of a federal mandate, Evans told the <em>Washington Examiner</em> earlier this month that “there is a federal directive in there, which is ‘thou shall not pass on costs to consumers.’”</p>
<p class="wp-block-paragraph">Evans emphasized the importance of allowing states and local communities to tailor their approaches to prevent cost burdens on consumers, given the diverse grid and environmental considerations across the country.</p>
<p class="wp-block-paragraph">Some lawmakers, including Rep. Rashida Tlaib (D-MI), Rep. Frank Pallone (D-NJ), Rep. Alexandria Ocasio-Cortez (D-NY), and Sen. Bernie Sanders (I-VT), have called for a moratorium on data center construction. Sanders and Ocasio-Cortez introduced a bill in March to pause new data center development while lawmakers work on <a href="https://www.washingtonexaminer.com/tag/artificial-intelligence/" rel="noopener noreferrer" target="_blank">artificial intelligence</a> regulations.</p>
<p class="wp-block-paragraph"><a href="https://www.washingtonexaminer.com/news/senate/4747708/senate-thune-stock-trading-built-to-fail-data-centers-ratepayer-protection-act/" rel="noopener noreferrer" target="_blank"><strong>SENATE DEALMAKING FALLS TO THE WAYSIDE AS THUNE TEES UP DOOMED MIDTERM VOTES</strong></a></p>
<p class="wp-block-paragraph">Evans dismissed the moratorium approach, arguing that it could lead to data center construction moving offshore.</p>
<p class="wp-block-paragraph">“Just because something doesn’t get built in the United States doesn’t mean it doesn’t get built at all,” he said. “We have to strike the right balance.”</p>