Bipartisan American Affordability and Jobs Act of 2026 (data center ratepayer section)
United States — Bipartisan American Affordability and Jobs Act of 2026 (Capito/Lee/Whitehouse/Heinrich): Senate Permitting Reform Bill With a Federal Power Act 'Ratepayer Protection for Data Center' Section (Introduced Sept. 30, 2026)
United States · Bipartisan American Affordability and Jobs Act of 2026, 119th Cong. (Senate, introduced Sept. 30, 2026)
- Status
- Proposed / pending
- Applies to
- Electric utilities; data centers and high-density computing facilities with >= 20 MW load
- Enforced by
- Federal Energy Regulatory Commission; State utility commissions
A bipartisan Senate permitting bill would speed federal environmental reviews for energy and infrastructure projects and also require large data centers to pay the full extra cost utilities incur to serve them. Under its data center section, none of those costs could be shifted onto other customers, and the data center would keep paying them even if it leaves early. It is a proposal, not law.
Who is protected: Electric ratepayers nationwide
Legal detail
Bipartisan American Affordability and Jobs Act of 2026 (119th Cong., 2d Sess.; S. number blank in the released text). Permitting reform (NEPA, CWA, ESA, NHPA etc.). Data center provision: adds Federal Power Act Part II sec. 228 'Ratepayer Protection for Data Center and High-Density Computing Load' — 'covered load' = load from data centers/high-density computing facilities (incl. AI training or inference, cloud, crypto mining) at a site or commonly controlled sites >= 20 MW (or expected at full buildout); 'Ratepayer protection floor': no portion of 'incremental cost' (generation, storage, transmission, distribution costs avoided had the load not been served) may be allocated to or recovered from other customers; FERC/States may recover surplus and credit other customers; continuing recovery on exit; financial assurance before construction of upgrades. Separate 'data center entity' definition for EIA load reporting.
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Citation | Bipartisan American Affordability and Jobs Act of 2026, 119th Cong. (Senate, introduced Sept. 30, 2026) |
| Private right of action | No, agency enforcement only |
| Topics | data-center siting and energy · consumer protection |
| Bill text | Heinrich, Lee, Capito, and Whitehouse Introduce Bipartisan American Affordability and Jobs Act of 2026 — Senate ENR Committee (Sept. 30, 2026) |
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Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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