MONTGOMERY, Ala. – A bill (HB392) sponsored by Rep. Chip Brown, R-Hollinger’s Island, passed out of the Alabama House Transportation, Utilities and Infrastructure Committee Tuesday morning. The bill would change how commissioners are chosen for the Alabama Public Service Commission, a three-person board that sets utility rates across Alabama.
Currently elected, the commissioners would instead by appointed by the governor, speaker of the house and senate president pro tem, all of whom, according to reporting by WBRC, “can legally accept campaign donations from the utility companies their appointments would regulate.”
According to WBRC, “The legislation is part of the three-bill-package called the ‘Alabama Affordability Protection Plan,’ aimed at reducing energy costs and political influence. However, this bill doesn’t address rate reductions or cost controls, it only changes the APSC’s governance.”
Ahead of the committee meeting Tuesday morning, Gov. Kay Ivey issued the following statement supporting the bill package – HB403, HB399 and HB392.
“For Alabama to remain the best state to live, work and raise a family, we have to grow the state, while keeping our cost of living low. That certainly includes our utilities, and we are seeing discussions in states around the country about best ways to lower those bills for families. Through a package of bills, we are taking steps to protect energy costs for Alabamians, while keeping our state competitive for further economic development,” she said. “In addition to maintaining Alabama’s low cost-of-living and growing business and industry, I have also been proud to make strong appointments to the Public Service Commission specifically. My appointments of PSC President Cynthia Almond and PSC Commissioner Chris Beeker show what a future Administration could do to serve the people of Alabama well through this regulatory commission. I thank the Legislature for working on this very relevant issue.”
Meanwhile, Cullman County Sheriff Matt Gentry, a Republican candidate for Alabama Public Service Commission, Place 1, on Tuesday released a statement opposing the move:
“The Alabama Public Service Commission should remain a voice of the people.
“As an elected sheriff starting my twelfth year in office, I know personally that public officials must be held accountable to the people they serve by listening to citizens’ concerns. As sheriff, I have had to notify families that their loved ones have passed away. I have sat with grieving parents whose children are addicted to drugs and tried to explain to families the randomness of why a mentally ill person chooses to kill someone decades later.
“It is a responsibility and a burden I have carried proudly as an elected official, and I have always understood that I am accountable to the citizens I serve. I was blessed to be unopposed for re-election in 2018 and 2022.
“I announced my candidacy for the Alabama Public Service Commission after hearing from people all over Alabama who want to see change at the PSC. I believe that change can occur through the current process by electing new leadership to the Commission.
“Eliminating the people’s voice and changing the PSC to an appointed body removes the public from the process entirely. An elected official is far closer to the people and better able to hear their concerns than an appointed bureaucratic board.
“I fear that appointing, rather than electing, Public Service Commissioners would only make the PSC further out of touch with Alabama consumers.
“I urge Republican members of the Alabama House and Senate to vote against HB 392 and SB 268 and keep the Public Service Commission an elected body.”
WBRC reported, “Alabama is one of 10 states in the country that elects energy regulators. The new legislation would require those appointed to have related experience and reflect the state’s diversity.
“This bill was filed shortly after ten people qualified to run in the upcoming primary elections for two of the three APSC seats. The timing is critical as energy and utility prices remain a key conversation across the country and state, as a WBRC investigation recently found Alabamians pay some of the highest electric bills in the country.”
If passed, the changes would not take effect until December 2026, after November’s General Election.
