The House of Representatives could vote as early as Tuesday night on a bill aimed at curbing increases in data center-related utility costs, as opposition to the proliferation of facilities intensifies ahead of the 2026 midterm elections.
The bipartisan bill, called the Ratepayer Protection Act, would establish standards that would require state regulators to install artificial intelligence data centers with a demand of 100 megawatts or more to cover the costs of building new power sources, transmission lines and other infrastructure, rather than passing them on to consumers.
“The principle is common sense: Those who create new demand should pay the costs necessary to meet that demand,” said Rep. Gabe Evans, a Colorado Republican who is seeking re-election in one of the most competitive House seats this year, in an op-ed in the Washington Reporter on Monday.
House Speaker Mike Johnson is expected to consider the bill under a process called “suspension of rules” to facilitate passage of uncontroversial bills. It would require a two-thirds majority to pass and is expected to draw broad bipartisan support as lawmakers from both parties want to show voters they are taking steps to rein in data centers before returning to their districts. But some outside environmental groups have expressed concerns.
Evans introduced the bill in June with Rep. Kathy Castor, a Florida Democrat. He is also facing a tough re-election bid after the state legislature redistricted its electoral districts earlier this year. The Cook Political Report with Amy Walter labeled both races a “toss-up.”
Data centers have emerged as a key issue in the 2026 election, as Republicans seek to protect their slim majorities in both chambers of Congress. A bipartisan grassroots movement against the facilities that store data, process information and have helped fuel the AI boom has sprung up across the country, with elected officials speaking in favor of stricter regulations.
While states and local governments have primary authority over individual projects, the House bill seeks to create a series of guardrails that states can choose to adopt to address one of the biggest concerns of residents living near active or planned data center projects: rising utility costs. The bill would codify part of the White House’s Ratepayer Protection Pledge, announced by President Donald Trump in March.
“Neighbors across Florida are struggling with rising electricity bills. Ratepayers should not have to subsidize increased energy demand from wealthy companies, especially AI data centers,” Castor said in a statement announcing the proposal in June.
But groups like the League of Conservation Voters argue the measure doesn’t go far enough to address data center concerns.
“With only weak instructions for states to voluntarily consider implementing cost protections for ratepayer data center energy costs, state regulators may ultimately choose to ignore this bill,” Sarah Chieffo, LCV’s senior vice president for government affairs, said in a statement ahead of the vote.
Mitch Jones, managing director of policy and litigation at Food & Water Watch, said in a statement Monday that the bill would instead accelerate the construction of new data centers and “provide a dubious means for companies to claim they are paying for their electricity.”
“If Congress is truly going to take the AI data center crisis seriously, it must reject this nonsensical bill, which does nothing more than suggest that the state should act,” Jones said in a statement. “Instead, Congress must tackle this out-of-control industry head-on. We need to halt construction of new AI data centers completely now.”
House Minority Leader Hakeem Jeffries of New York said at a news conference Monday that he supports the bill. “It’s a step forward, (but) we need to act more clearly.”
Jeffries also called on Republicans to keep the House in session beyond Thursday, when the seven-week recess leading up to the Nov. 3 election begins, to address widespread AI concerns. A former Anthropic employee who left the company last week sparked outrage with a social media post warning about the pace of AI development.
Sen. John Kennedy (R-Louisiana) told reporters on Monday that he plans to introduce an AI “kill switch” bill that would require companies to create mechanisms to block fraudulent technology, Politico reported. But other Congressional action on AI this week appears to be limited.
Johnson said on CNN’s “State of the Union” over the weekend that tech companies, not Congress, are responsible for ensuring their products are safe. Prime Minister Johnson’s comments are consistent with the White House’s position. White House National Economic Council Director Kevin Hassett told CNBC on Tuesday that the private sector is more than capable of addressing the risks posed by rapid advances in AI.
“Republicans have completely abdicated their responsibility to legislate responsibly and address public policy initiatives in the area of artificial intelligence,” Jeffries said Monday.
