The U.S. Senate on Sept. 30, 2026, rejected a motion to invoke cloture on the motion to proceed to H.R. 9340, the Ratepayer Protection Act. The vote was 57-43, short of the three-fifths majority required, according to Senate Roll Call Vote No. 254. The bill would amend the Public Utility Regulatory Policies Act of 1978 (PURPA) "to establish a Federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers." The House had passed it 417-3 on Sept. 16. After the cloture vote failed, the motion to proceed was withdrawn the same day.

How the Senate Voted

Cloture on the motion to proceed needed 60 votes. All 53 Senate Republicans voted yes, joined by four Democrats: Sens. Maggie Hassan of New Hampshire, Amy Klobuchar of Minnesota, and Jon Ossoff and Raphael Warnock of Georgia. The 43 no votes came from 41 Democrats and the Senate's two independents, Angus King of Maine and Bernie Sanders of Vermont.

A cloture vote on a motion to proceed is a procedural step. It decides whether the Senate may close debate on whether to take up the bill, not whether to pass it. With cloture rejected, the motion to proceed was withdrawn on Sept. 30 (CR S5199), according to the Congress.gov action record.

What the Bill Would Do

H.R. 9340 would add a new federal standard to PURPA covering upgrades that serve large-load customers. CQ-Roll Call, in a report republished by GovTech on Sept. 25, described the measure as "intended to address rising electricity prices by requiring state regulators to consider adopting standards to ensure that large data centers pay for needed electric grid upgrades." Under that design, the decision on whether to adopt the standard stays with state regulators.

Senate Minority Leader Charles E. Schumer (D-N.Y.) criticized the bill. "Sen. Husted's bill is a fraud. It's voluntary, no company has to do it. The bill we have is mandatory. It is much stronger and is what is needed," Schumer said, according to the CQ-Roll Call report.

Road to the Floor

The bill was introduced in the House on June 18, 2026, and referred to the Energy and Commerce Committee. The full committee ordered it reported, as a substitute, by a 52-0 vote on July 21, and filed its report on Sept. 10 (H. Rept. 119-814).

On Sept. 16, the House passed the bill, as amended, under suspension of the rules, which requires a two-thirds majority. The tally on Roll Call 312 was 417-3. Republicans voted 210-0, with seven not voting. Democrats voted for it with three opposed and five not voting. The one independent voted yes.

The Senate received the bill on Sept. 17 and placed it on the Senate Legislative Calendar under General Orders on Sept. 24 as Calendar No. 684. A cloture motion on the motion to proceed was presented on Sept. 28.

Before the floor vote, Democrats blocked an effort by Sen. Jon Husted (R-Ohio) to clear the measure for President Donald Trump's signature, according to CQ-Roll Call. "The president wants it, House Democrats and Republicans want it, consumers want it, the business community wants it," Husted said in an interview with the "10 Minute Drill."

Senate Majority Leader John Thune (R-S.D.) told reporters the week before the vote that a wide array of bills could come to the floor. "Ratepayer Protection Act, for sure, is, I would say, front and center on that list, and that's why we're teeing it up," Thune said, according to the same report.

Where the Parties Split

House Democrats voted for the bill 206-3, while 41 of the 45 Senate Democrats voted against taking it up. Husted sought to send the House-passed text to the President, while Schumer called it voluntary and pointed to a Democratic bill he described as mandatory.

The vote came as the Senate returned to wrap up business before the November midterm elections, according to CQ-Roll Call, which reported that Thune had framed the bill as part of an affordability message. Husted faces a reelection challenge from Democratic former Sen. Sherrod Brown, in a race Inside Elections with Nathan L. Gonzales rates a Toss-up.

What Happens Next

As of Oct. 20, 2026, H.R. 9340 remains on the Senate Legislative Calendar as Calendar No. 684, and the Congress.gov action record lists no Senate action after the Sept. 30 withdrawal. To become law, the bill would need the Senate to take it up, either by invoking cloture with 60 votes or by unanimous consent, then pass it, and the President would have to sign it. If the Senate amended the text, the House would need to approve the changes.

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