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119-hr-8400119th CongressWALLET

DATA Act of 2026

Sponsored By: Representative Begich, Nicholas J. [R-AK-At Large]

Introduced

Summary

The DATA Act of 2026 would create a new utility type called a consumer-regulated electric utility (CREU) and let islanded, retail-focused systems operate outside most federal power rules. It targets service to new electric loads and keeps CREUs off the Bulk Electric System unless they choose to connect.

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  • Households and businesses in newly developed or previously unserved locations could buy retail power from a CREU. Customers must be located on premises physically islanded from any regulated utility and receive service only through CREU facilities.
  • Federal regulators and regional grid operators would lose routine authority over CREUs for rates, reliability standards, interconnection, transmission planning, cost allocation, and merger or acquisition approvals. A CREU is not treated as a public utility or part of the Bulk Electric System unless it elects to connect.
  • Developers and owners could build, own, and operate generation, storage, transmission, distribution, and retail services for those new loads and use public rights-of-way. Right-of-way review is limited mainly to restoration and storm-response planning.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Federal exemption for new CREUs

If enacted, this would exempt CREUs that begin operations after the law from most Federal regulation by FERC and the Department of Energy. The exemption would cover reliability standards under section 215, rate and transmission regulation, registration with the Electric Reliability Organization, and other FERC jurisdictional rules. The exemption would take effect on the day a CREU first generates, transmits, distributes, or sells electricity. If a CREU later connects to the bulk-power system or another utility for primary or backup supply, it would stop being a CREU and immediately become subject to federal rules again. The bill would also exclude CREUs from certain PURPA and PUHCA requirements.

New consumer-run electric utilities

If enacted, this would create a new type of electric company called a consumer-regulated electric utility (CREU). CREUs would only be allowed if they are formed after the date of enactment and if they serve new electric loads not previously served by any retail electricity supplier. A CREU could build and run generation, storage, transmission, distribution, and sell electricity at retail. CREU customers would have to get service only through CREU-owned facilities on premises that are physically islanded from other utilities and the bulk-power system.

CREUs may use public rights-of-way

If enacted, this would let CREUs build and operate equipment in existing public rights-of-way. CREUs would have to follow the same permitting, public-safety, and right-of-way restoration rules that apply to public utilities. Local review of a CREU right-of-way application would be limited only to whether restoration plans are adequate and whether storm-response planning is sufficient. This change would take effect on enactment for CREU projects in existing rights-of-way.

Sponsors & CoSponsors

Sponsor

Begich, Nicholas J. [R-AK-At Large]

AK • R

Cosponsors

  • Rep. Crenshaw, Dan [R-TX-2]

    TX • R

    Sponsored 4/21/2026

  • Rep. Owens, Burgess [R-UT-4]

    UT • R

    Sponsored 4/21/2026

Roll Call Votes

No roll call votes available for this bill.

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