DATA Act of 2026

The Decentralized Access to Technology Alternatives Act of 2026 (DATA Act of 2026) establishes a new classification of electric utilities called consumer-regulated electric utilities (CREUs). These CREUs are defined as electric generation and supply systems created after the bill's enactment, exclusively serving new electric loads not previously connected to the grid. They are designed to operate independently, owning and operating their own facilities for generation, storage, transmission, distribution, and retail supply.

A core provision of this bill is to exempt these physically islanded CREUs from extensive federal oversight. Specifically, CREUs would be exempt from most regulations under the Federal Power Act, including rate regulation, corporate oversight, transmission rules, and reliability standards. This exemption also extends to requirements from the Federal Energy Regulatory Commission (FERC) and the Department of Energy (DOE), as well as provisions of the Public Utility Regulatory Policies Act of 1978 (PURPA) and the Public Utility Holding Company Act of 2005 (PUHCA).

To qualify for these exemptions, CREUs must remain entirely separate from the existing bulk-power system and other electric transmission or distribution systems. If a CREU chooses to connect to any part of the bulk-power system, its federal exemptions immediately terminate, and it becomes subject to all applicable federal regulations. The bill also allows CREUs to use public rights-of-way for facilities, subject to local permitting and public safety rules, with review limited to restoration and storm-response planning.