A new bill has been proposed in the US Senate that would permit artificial intelligence (AI) data center firms to bypass federal electricity regulations by building their own energy infrastructure.
The DATA Act of 2026 was proposed by Senator Tom Cotton (Republican, Arkansas) and would amend the Federal Power Act.
“American dominance in AI and other crucial emerging industries should not come at the expense of Arkansans paying higher energy costs,” Cotton said in a statement. “My bill will ensure that America can continue to lead in these spaces by eliminating outdated regulations.”
If passed the bill would create a new utility category called “consumer-regulated electric utilities” (CREUs), with companies who build their own independent power infrastructure falling under this new designation. In order to qualify for CREU, the utilities would have to be completed disconnected from the main grid and built solely to serve new electric loads. Consequently, if the utility subsequently connects to the grid it would lose its exempt status.
I kind of like this. Solely to serve new loads is definitely a giveaway to the utility companies but I feel like the big utility players are going to be largely building these microgrids (if that title can be used for something that carries the power of a city.) Better than me paying extra for ai data center wear and tear on the system. I have my reservations about it too. Namely, exempting big data centers from normal federal oversight without establishing new regulatory systems. The big AI players are angling for so many carve outs and it is hard to imagine that the exemption of this massive market from popular oversight will result in any benefits for the average USian.
The issue, I think, would be they likely will end up being coal and gas… adding insane pollution.
Sounds good except Grok is powered by gas generators poisoning small communities.