US Senate blocks Ratepayer Protection Act in procedural vote, 57-43, failing to reach 60-vote threshold

An Amazon Web Services (AWS) data center stands adjacent to single-family homes in Stone Ridge, Va. on Aug. 12, 2026. (Brendan Smialowski/AFP via Getty Images)

By Kelly Livingston Posted September 30, 2026 at 2:20 PM

A bipartisan bill aimed at pressuring state utility regulators to reduce data center-related costs stalled in the Senate again Wednesday after a procedural vote to take up the bill fell short of the 60 supporters needed to move forward.

The cloture vote on the motion to proceed was 57-43, keeping the measure bottled up for the time being despite winning support from four Democrats:

• Maggie Hassan of New Hampshire
• Amy Klobuchar of Minnesota
• Jon Ossoff of Georgia
• Raphael Warnock of Georgia

The bill, led by Reps. Gabe Evans (R-Colo.) and Kathy Castor (D-Fla.), overwhelmingly passed the House, 417-3, before members in that chamber left Capitol Hill for the campaign trail.

Wednesday's blocked procedural vote marks the second time senators rejected the measure, dubbed the "Ratepayer Protection Act" by supporters. A unanimous consent request from Sen. Jon Husted (R-Ohio) received an objection earlier this month.

Floor Debate

In remarks on the Senate floor Wednesday, Majority Leader John Thune (R-S.D.) called the bill "common sense" before accusing Democrats of playing politics.

The bill is "a simple piece of legislation designed to protect hardworking Americans from the increased energy costs associated with data centers," he said on the floor before the vote, noting the near-unanimous support in the House.

The legislation would direct states to consider adopting federal standards to ensure that the cost of electrical-grid upgrades prompted by data centers are carried by Big Tech and other "large-load" customers needing the extra power, rather than passed on to other ratepayers' utility bills.

In doing so, the bill would codify portions of President Donald Trump's "Ratepayer Protection Pledge" — a voluntary agreement with utilities, hyperscalers and others to prevent the cost of necessary energy upgrades from being passed on to consumers.

"Given the overwhelming support for this measure in the House, it's difficult to conclude that Senate Democrats blocked this bill for any reason other than the desire to deny Republicans another win in an election year, which is a pretty poor reason to oppose a measure to protect Americans from higher energy costs," Thune said.

Democratic Opposition

But Democrats have criticized the bill for its voluntary nature. Senate Minority Leader Charles E. Schumer (D-N.Y.) called the bill "toothless" in his own floor remarks Wednesday.

"Senate Democrats want to make it mandatory for data centers to cover their own costs, by law, not by suggestion or hope or whim," Schumer said before the vote.

"This shoddy bill couldn't get any flimsier, and that's because the Republicans really don't want to do it," he added. "Americans don't want another hollow messaging bill. They don't want to watch Senate Republicans give themselves a pat on the back when they've accomplished nothing."

The bill would not require states to adopt any particular standard, only start the process to consider new rules within one year of its enactment and complete it within two.

Husted's Push

Husted, who introduced his own similar bill in the Senate, has been leading the charge in the chamber to clear the House-passed bill.

Speaking on the floor ahead of the vote, Husted said the most liberal Democrats and conservative Republicans joined together in the House to pass the bill because they "all agreed it was good policy."

"This bill is the only path that we can take today that will lower electricity prices. No other options remain," Husted said.

"All we have to do in this chamber is say yes, and it will be on the president's desk, and we can prove to the American people we actually care about what they're asking us to do to lower their electricity prices," he added. "Any obstruction to that is to say no to them, that you don't want to do it."

Husted, who's running for the remainder of the term vacated by former Sen. JD Vance (R-Ohio) when he assumed the vice presidency, tops the list of CQ Roll Call's most vulnerable senators. He's running against Democratic former Sen. Sherrod Brown, who lost reelection two years ago to Republican Sen. Bernie Moreno.

Outlook

Without reaching the 60-vote threshold on the procedural vote, the bill is effectively stalled as senators are preparing to leave Washington to campaign, leaving those up for reelection to talk with voters angry over data center impacts that Congress has yet to substantively address.

David Jordan contributed to this report.