PolicyBrief
H.R. 10139
119th CongressAug 24th 2026
Ratepayer Bill of Rights Act of 2026
IN COMMITTEE

The Ratepayer Bill of Rights Act of 2026 establishes transparency and accountability standards for large data centers to ensure they cover their own infrastructure costs and do not compromise the affordability, reliability, or safety of electricity and water for local communities.

Henry Cuellar
D

Henry Cuellar

Representative

TX-28

LEGISLATION

New 'Ratepayer Bill of Rights' Targets Data Center Costs: Households and Small Businesses Protected from Subsidy Hikes

The Ratepayer Bill of Rights Act of 2026 is designed to ensure that the massive energy and water demands of large-scale data centers don’t end up on your monthly utility bill. Specifically targeting facilities that pull at least 50 megawatts of power or gulp down 100,000 gallons of water daily, the bill establishes a federal framework to prevent these tech giants from shifting their infrastructure costs onto everyday consumers. Under Section 2, the bill mandates that these companies pay for their own project-driven costs upfront, requiring binding cost-recovery agreements and financial security before a single shovel hits the ground.

No More Hidden Subsidies

For the average homeowner or small business owner, the most significant provision is the "Right Not to Pay a Data Center’s Costs." The bill explicitly prohibits utilities from shifting data center expenses—like building new substations or transmission lines—onto "protected ratepayers" through rates, riders, or surcharges. If a utility accidentally (or intentionally) slips these costs into your bill, the legislation requires a full refund with interest within 90 days. This means if you’re running a local bakery or managing a household budget, your rates shouldn't spike just because a massive server farm moved in down the road.

Transparency in the Tap

Water scarcity is a growing concern, and this bill treats it like the finite resource it is. Before a data center gets a green light for water service, an independent assessment must prove there is enough supply to handle a drought without cutting off families, hospitals, or schools. Farmers and ranchers gain specific protections here too; the bill grants them the right to monitoring and fair compensation if a data center’s heavy pumping dries up their private wells or harms their crops. Section 2 further ensures that in a water emergency, your kitchen sink and the local hospital take priority over cooling a tech company's servers.

Closing the Loophole Culture

To prevent companies from dodging these rules by splitting one giant project into five smaller ones, the bill includes strict anti-evasion language. It treats related projects that share infrastructure as a single entity, ensuring that "material expansions" trigger a full review of costs and resource impacts. While the bill introduces a "Medium" level of vagueness regarding what exactly constitutes a "material change," it offsets this by requiring all electricity and water data to be posted to a searchable public database within 30 days. You won't need a law degree to see what's happening; the bill mandates that all studies and cost breakdowns be published in "plain language" at least 30 days before any final decision is made.