H.R. 10139

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  119TH CONGRESS
  2D SESSION
  H. R. 10139
  To require public disclosure of electricity and water use, infrastructure costs,
  rate impacts, public financial assistance, and related commitments associ-
  ated with large data centers, and for other purposes.
  IN THE HOUSE OF REPRESENTATIVES
  AUGUST 24, 2026
  Mr. CUELLAR introduced the following bill; which was referred to the Com-
  mittee on Energy and Commerce, and in addition to the Committee on
  Education and Workforce, for a period to be subsequently determined by
  the Speaker, in each case for consideration of such provisions as fall with-
  in the jurisdiction of the committee concerned
  A BILL
  To require public disclosure of electricity and water use,
  infrastructure costs, rate impacts, public financial assist-
  ance, and related commitments associated with large
  data centers, and for other purposes.
1Be it enacted by the Senate and House of Representa-
  2 tives of the United States of America in Congress assembled,
3   SECTION 1. SHORT TITLE.
4This Act may be cited as the ‘‘Ratepayer Bill of
  5 Rights Act of 2026’’.
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6   SEC. 2. RATEPAYER BILL OF RIGHTS.
7(a) FINDINGS.—
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1(1) Data centers are driving rapidly growing
2demand for electricity and water, often with costs
3and impacts that are not disclosed to the families,
4farmers, ranchers, small businesses, and commu-
5nities that bear them. This Act requires data centers
6to disclose their resource use, protects reliable and
7affordable electric and water service, and ensures
8that data centers pay their own costs.
9(2) This Act applies to a data center, or related
10group of data centers under common ownership or
11control, with a peak electricity demand of at least 50
12megawatts or a water withdrawal of at least 100,000
13gallons per day, including expansions that reach
14those levels.
15(b) RIGHTS.—
16(1) RIGHT ONE: TO KNOW A DATA CENTER’S
17DEMANDS.—Every ratepayer has the right to know
18a covered data center’s projected and actual elec-
19tricity and water use, sources, and wastewater dis-
20charge, disclosed before operations begin, reported
21every six months for electricity and every three
22months for water, with prompt notice of any mate-
23rial change.
24(2) RIGHT TWO: TO KNOW THE AGREEMENTS,
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25INFRASTRUCTURE COSTS, RATE EFFECTS, AND PUB-
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1LIC SUPPORT.—Every  ratepayer has the right to
2know what infrastructure will be built to serve a cov-
3ered data center, its cost, who is paying for it, its
4effect on bills for households, farms, and small busi-
5nesses, and what public assistance, permits, and
6agreements the company received, published in plain
7language before final approval.
8(3) RIGHT THREE: NOT TO PAY A DATA CEN-
9TER’S COSTS.—Protected ratepayers – including but
10not limited to households, farmers, ranchers, small
11businesses, schools, and hospitals – have the right
12not to subsidize a covered data center. The company
13must pay all project-driven costs, sign a binding
14cost-recovery agreement, and post adequate financial
15security before construction begins. No project-driv-
16en cost may be shifted to ratepayers through rates,
17riders, or surcharges, and any improper charge must
18be refunded with interest within 90 days.
19(4) RIGHT FOUR: TO RELIABLE AND AFFORD-
20ABLE COMMUNITY WATER.—Before  a covered data
21center receives a final water-service commitment, an
22independent assessment must confirm that sufficient
23water will remain for households, agriculture, and
24existing businesses, including during a drought. The
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25company pays all project-driven water costs, and a
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1data center may not receive priority over households,
2hospitals, or schools during a water emergency.
3(5) RIGHT FIVE: TO PROTECTION OF RURAL
4WATER,  AQUIFERS,  AND  AGRICULTURE.—Private
5wells, rural water systems, farmers, and ranchers
6have the right to monitoring, notice, and fair com-
7pensation if a covered data center harms their water
8supply. A data center may not draw from an al-
9ready-overdrawn aquifer without an independent as-
10sessment showing no further harm, and must fund
11enforceable conservation measures tied to its water
12use.
13(6) RIGHT SIX: TO RELIABLE ELECTRICITY AND
14DISCLOSURE OF ON-SITE POWER AND EMISSIONS.—
15Before a covered data center receives a final electric-
16service commitment, an independent assessment
17must confirm it can be served without materially re-
18ducing reliability for existing customers. Commu-
19nities have the right to know the capacity, fuel
20source, and emissions of any on-site power genera-
21tion, which may not be used to dodge cost, reli-
22ability, or emissions requirements.
23(7) RIGHT SEVEN: TO ADVANCE NOTICE, LOCAL
24INFORMATION, AND A PUBLIC VOICE.—Affected resi-
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25dents and ratepayers have the right to at least 60
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1days’ notice and a local public meeting before a final
2decision, with cost, water, and reliability studies
3available at least 30 days in advance, in plain lan-
4guage and in English and Spanish where required.
5Public officials and their families involved in these
6decisions must disclose relevant financial interests in
7the project.
8(8) RIGHT EIGHT: TO PUBLIC INFORMATION
9THAT CANNOT BE HIDDEN BY CONTRACT.—No con-
10tract or confidentiality claim may block disclosure of
11information this Act requires to be public. Aggregate
12electricity and water use, costs, public assistance,
13and emissions may not be withheld as trade secrets,
14and must be posted to a searchable public database
15within 30 days.
16(9) RIGHT  NINE:  TO       PROTECTION  AGAINST
17LOOPHOLES AND EVASION.—A  company may not
18use separate entities, meters, tenants, parcels, or
19project phases to evade this Act. Related or affili-
20ated projects that share infrastructure or are devel-
21oped together are treated as one project for cov-
22erage, and a material expansion of an existing data
23center reopens its cost, water, and reliability review.
24(10) RIGHT TEN: TO ENFORCEMENT, REFUNDS,
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25AND ACCOUNTABILITY.—Ratepayers  have the right
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1to a simple complaint process, and Federal and
2State regulators may audit compliance, order re-
3funds, and assess civil penalties for violations. Em-
4ployees who report violations are protected from re-
5taliation, and Federal agencies must publish an an-
6nual public accounting of complaints, penalties, and
7refunds.
8(c) ADMINISTRATION.—The Federal Energy Regu-
  9 latory Commission, the Department of Energy, the Envi-
  10 ronmental Protection Agency, and the Department of
  11 Labor shall each issue rules and enforce this Act within
  12 their existing jurisdictions over transmission and reli-
  13 ability, energy data, environmental and water-quality re-
  14 quirements, and worker retaliation protections, respec-
  15 tively. State, Tribal, and local authorities retain their ex-
  16 isting jurisdiction over utility rates, water rights, land use,
  17 and permitting, and nothing in this Act stops them from
  18 adopting stronger protections.
  Æ
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