DATA Act of 2026

This bill exempts new, physically isolated electric utilities that serve only new loads from most federal energy regulations. It defines a 'consumer-regulated electric utility' (CREU) as a system built after enactment to serve new electric loads, which is physically islanded from all regulated utilities, the bulk-power system, and the Bulk Electric System, and operates independently.

Sec. 3, Federal Power Act exemption: A CREU is exempt from all regulation under the Federal Power Act, including rate, corporate, transmission, reliability, interconnection, planning, and merger rules. It is not considered a public utility or part of the bulk-power system, and does not need to register with the Electric Reliability Organization unless it voluntarily connects to the bulk-power system.

Sec. 4, Exemption of new CREUs from FERC and DOE regulation: Any CREU starting operations after enactment is exempt from all federal regulation under the jurisdiction of the Federal Energy Regulatory Commission or the Secretary of Energy, including all reliability standards and other rules under the Federal Power Act or other federal law. If a CREU later connects to the bulk-power system for primary or backup supply, it immediately loses its CREU status and becomes subject to all applicable federal regulation.

Sec. 5, PURPA exemption: The Public Utility Regulatory Policies Act of 1978 is amended to state that nothing in its section 210 applies to a CREU, and a CREU is not required to interconnect with, purchase from, or sell to an electric utility under that section.

Sec. 6, PUHCA exemption: The Public Utility Holding Company Act of 2005 is amended so that no provision of that subtitle applies to any holding company solely because it owns or controls a CREU.

Sec. 7, Facilities located within public rights-of-way: A CREU may construct and operate facilities in existing public rights-of-way, subject to the same permitting, restoration, and public-safety requirements as a public utility. However, review of such applications is limited only to the adequacy of right-of-way restoration and storm-response planning.