DATA Act of 2026

New consumer-run electric utilities

This bill would create a new type of electric supplier called a consumer-regulated electric utility (CREU). A CREU would only serve new electric loads established after enactment. CREUs would have to be physically islanded from regulated utilities and the bulk-power grid. CREUs that begin operations on or after enactment would be exempt from most federal regulation. Exemptions would remove FERC and Department of Energy oversight and rate regulation. They would also remove reliability standards, interconnection obligations, and PURPA and PUHCA requirements for those CREUs. A CREU would stop being a CREU if it connects to the bulk-power grid or another transmission or distribution system for primary or backup supply. The bill would let CREUs build in public rights-of-way under the same permits and safety rules as public utilities, but local review would be limited to restoration and storm-response planning. These changes would take effect upon enactment for newly started CREUs.