DATA Act of 2026

The DATA Act of 2026 creates a new category of electric utilities called consumer-regulated electric utilities (CREUs) that can operate independently from the traditional public utility system. These CREUs must be physically isolated from the main power grid and serve only customers who receive electricity exclusively from them, allowing them to own and operate their own generation, storage, and distribution facilities. The bill exempts these independent utilities from most federal regulations, including oversight by the Federal Energy Regulatory Commission and the Department of Energy, as well as restrictions on rates and corporate structure. CREUs can only lose this exemption if they choose to connect to the main power grid, at which point they would become subject to standard federal utility regulations. The legislation also clarifies that CREUs may use public rights-of-way for their facilities but only face limited review focused on safety and restoration.