Sen. Martin Heinrich blocked a House-passed bill on Thursday that would have forced tech companies to pay for the costs of new energy infrastructure used for data centers, rather than passing those costs on to consumers. The move came as GOP Sen. Jon Husted of Ohio tried to push the legislation through on unanimous consent.
The Ratepayer Protection Act passed the House on Wednesday by a vote of 417 to 3. It was designed to prevent tech companies from shifting the costs of building new power plants and transmission lines onto ratepayers. Husted sought unanimous consent to approve the measure on Thursday.
Heinrich, the top Democrat on the Senate Energy and Natural Resources Committee, objected. He said the bill does not go far enough.
Heinrich’s Objection
Heinrich cited his own bill, the GRID Savings Act, as the measure that would actually address data center energy costs. He argued that his bill “is what is needed to start to bring down energy prices.”
Heinrich also laid out a broader set of demands. He called for:
- Greater community engagement from data centers
- Conservation of local resources including water
- Protection from air pollution through clean energy and battery storage
Moreno’s Response
GOP Sen. Bernie Moreno, Ohio’s other senator, objected to Heinrich’s attempt to pass his legislation. Moreno called Heinrich’s actions the definition of “do-nothing Congress.”
Moreno said the House-passed bill would have given Americans “immediate relief.”
Husted’s Position
Husted faces scrutiny for his past support of data centers, a key issue in his competitive Ohio Senate race against former Sen. Sherrod Brown. The Senate GOP campaign arm warned in a memo last month that the data center issue is the “anchor hanging around Husted’s neck.”
Husted said the bill represents “the most meaningful, bipartisan step Congress could take to protect the American people from higher prices for electricity” when seeking unanimous consent. He lamented missing the opportunity, saying “It is a shame that this opportunity has been missed today.”
The vote on Wednesday showed broad support. The bill passed 417 to 3.
The Unanimous Consent Procedure
Unanimous consent is a parliamentary procedure that allows the Senate to move forward on a bill without a formal vote. That means a single senator can block a measure even when there is wide agreement among colleagues.
In this case, Heinrich’s objection killed the motion.
The GRID Savings Act
Heinrich’s GRID Savings Act is the alternative he has promoted. He says it is what is needed to bring down energy prices.
The Political Stakes
The fight is not just about energy policy. It is about who controls the Senate narrative on data centers.
Husted has been criticized for supporting data centers that have drawn complaints about their impact on local communities. The GOP memo described the issue as an “anchor” around his neck.
What Happens Next
The bill is still alive. It just needs to get to the Senate floor for a vote. Whether it gets there depends on whether Republicans can find a way around Heinrich’s objection.
The House vote shows the bill has support. The question now is whether the Senate will let it come to a vote.
The Paper’s View
This is a case where the House has voted and the Senate has objected. The Ratepayer Protection Act already secured overwhelming bipartisan support in the House. Heinrich’s objection reflects his own priorities, but it does not change the fact that the House voted overwhelmingly for the bill.
The GRID Savings Act is a separate proposal with a separate purpose. Heinrich is entitled to advocate for it.
| Action | Actor |
|---|---|
| Passed House | Ratepayer Protection Act, 417 to 3 |
| Sought unanimous consent | GOP Sen. Jon Husted of Ohio |
| Blocked measure | Sen. Martin Heinrich of New Mexico |
| Objected to Heinrich’s objection | GOP Sen. Bernie Moreno of Ohio |
The Senate now has to decide whether to respect that vote or let the bill die. Heinrich has made his position clear. Now the rest of the chamber has to respond.
Where the paper stands
The paper backs neither side’s attempt to regulate the other — it backs narrow rules against direct harm to consumers and workers, such as forcing companies to disclose safety failures they hid, and opposes broad rules like the Ratepayer Protection Act that hand the market to the incumbents. The paper’s concern is that regulations that benefit only the largest companies freeze today’s leaders in place and lock out whoever would have challenged them.
Heinrich’s objection to the Ratepayer Protection Act is a textbook example of what the paper worries about. He is not arguing that the bill is bad policy — he says his own GRID Savings Act is better. He is simply refusing to let the bill pass, because it does not advance his own measure. This is the same dynamic the paper warns against: a single senator using a procedural tool to protect incumbents rather than letting the market work.
The Senate now has to decide whether to respect the House’s vote or let the bill die. Heinrich has made his position clear. The rest of the chamber should either force the vote or find another path to let the bill reach the floor. Either way, the paper’s principle holds: narrow rules against direct harm to consumers and workers are the right approach, while broad rules that favor the biggest companies are the wrong ones.
See the video the story is built around at CBS News.
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