Union Calendar No. 713

119th CONGRESS
2d Session
H. R. 9340

[Report No. 119–814]


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.

IN THE HOUSE OF REPRESENTATIVES

June 18, 2026

Mr. Evans of Colorado (for himself and Ms. Castor of Florida) introduced the following bill; which was referred to the Committee on Energy and Commerce

September 10, 2026

Additional sponsors: Mr. Van Drew, Mr. Joyce of Pennsylvania, Mr. McCaul, Mr. Baumgartner, Mr. Fuller, Mr. Wittman, Mr. Onder, Ms. Hageman, Mr. Kean, Mr. Van Orden, Mr. McGuire, Mr. Griffith, Mr. Mackenzie, Mr. Bishop, Ms. McClellan, Mr. Gottheimer, Ms. Lee of Florida, Mr. Cuellar, Mr. Cline, Mr. Fitzpatrick, Ms. McDonald Rivet, Ms. Boebert, Mr. Lawler, Ms. Van Duyne, Mr. Finstad, Mr. Crank, Mr. Moore of West Virginia, Mr. Carter of Georgia, Mr. Jordan, Mrs. Kiggans of Virginia, Mr. Moolenaar, Mr. Weber of Texas, Mr. Smith of New Jersey, Ms. Goodlander, Mr. Huizenga, Mr. Hurd of Colorado, Mr. Valadao, Mr. Barrett, Ms. De La Cruz, Mr. Fallon, and Mr. Flood

September 10, 2026

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 18, 2026]

A BILL

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.

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).”;

(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).”.

Union Calendar No. 713
119th CONGRESS
     2d Session
H. R. 9340
[Report No. 119–814]
A BILL
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.
September 10, 2026
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed