MONTGOMERY — State Sen. Pro-Tem Garlan Gudger (R-Cullman) announced on Tuesday the "Power To The People Act," a measure that expands the Alabama Public Service Commission (PSC) from its current three seats to seven seats elected by the public.
The Power To The People Act, sponsored by State Sen. Clyde Chambliss (R-Prattville), adds four new seats to the commission and requires that all seven posts be elected by congressional district.
To create staggered terms, four commissioners would initially be appointed by the governor in July 2026, with two serving two-year terms and two serving four-year terms. Commissioners would run for office by congressional district beginning in November 2028 and, upon election, serve six-year terms.
The bill is scheduled to be heard in the Senate Fiscal Responsibility and Economic Development Committee at 1 p.m. on Wednesday.
"The Power To The People Act entrusts Alabamians with the power to elect seven seats on the Public Service Commission rather than three, and it prohibits regulated utilities from engaging in the campaign process," Gudger said. "By giving Alabama citizens even more power and a louder voice in the operations of the Public Service Commission, we can make energy rates more affordable and ensure that a conservative, pro-Trump, Republican majority controls the PSC for years to come."
A provision in the bill outlaws rate increases for the next three years — until a majority of the board is elected — but it continues to allow rate reductions to be voted on and implemented at any time.
The Public Service Commission already approved a two-year rate freeze for Alabama Power in December.
The Power To The People Act also creates a new cabinet-level secretary of energy, which was recently suggested by Republican gubernatorial candidate U.S. Sen. Tommy Tuberville (R-Auburn), and that position would be responsible for overseeing the administrative functions of the commission.
Under the bill, regulated utilities are forbidden from passing certain expenses on to consumers, including the costs of employing lobbyists on behalf of the utility, the costs of advertising the utility except for public safety messages, or the costs of grants it provides. Regulated utilities are also prohibited from contributing to candidates running for seats on the Public Service Commission.
Members of the Public Service Commission, their spouses and immediate family members, the secretary of energy, and all employees of the commission are forbidden from providing any paid service to public utilities under the legislation.
"The same threats from hostile-nation influences and Soros-funded environmental extremists that prompted previous legislation still exist, but rather than taking away the public's right to elect commission members, the Power To The People Act solves the problem by enhancing and expanding the public's right to vote," Gudger said. "All of us who serve in the Alabama Legislature swore an oath to defend the rights of the constituents we represent, and this legislation accomplishes that mission while holding utilities fully accountable."
The PSC is currently made up of three members elected statewide.
A Senate bill comes after another bill that would've made all three PSC members appointed was pronounced dead earlier this month. Legislation that would transition the PSC from a regulatory agency whose members are elected by a statewide vote to one that is appointed by the governor passed a House committee recently, but wasn't voted on by the full House. A Senate companion bill never moved in the Senate after it was introduced. Alabama Power's former top lobbyist, R.B. Walker, resigned after the bill died.
Daniel Tait, executive director for a clean energy advocacy group called Energy Alabama, told 1819 News the new Senate bill had a "great name and a fatal flaw."
"The 'Power to the People Act' (SB 360) has a great name and a fatal flaw: buried inside it is a provision giving the Governor's hand-picked Secretary of Energy the power to set the agenda for every PSC meeting and control commission personnel. In other words, a cabinet official answering to no one but the Governor can effectively overrule the people's elected representatives. That's not power to the people. That's a backdoor takeover of utility regulation," he warned.
"Alabamians don't want Montgomery to rearrange the deck chairs on the sinking Titanic," he continued. "They want real relief from record-high Alabama Power bills. SB 360 fails that test," Tait added. "Earlier this session, tens of thousands of Alabamians spoke out to defend their right to elect members of the Public Service Commission. When HB 392 tried to strip that right away, the people of this state made themselves heard loud and clear: the PSC must answer to voters, not political insiders, and not the executive branch. SB 360 answers that demand with more appointments, not less."
He continued, "If Montgomery is serious about lower electric bills, they should look to Rep. Mack Butler's HB 475 which, as substituted, actually addresses the root causes of high energy costs by requiring mandatory rate reviews, capping nation leading utility profit margins, and prohibiting utilities from passing lobbying and advertising costs on to customers. All while keeping the power with voters."
"For forty-four years, Alabama Power has operated virtually unchecked. The absence of real oversight and transparency is what is driving high electric bills in this state and SB 360 does not fix it. For too long, Alabama Power has shaped energy policy in Montgomery to its own benefit. This bill is the latest example of exactly that," Tait concluded. "Energy Alabama will continue fighting for reforms that deliver fair and affordable electric rates, genuine transparency, and a Public Service Commission that is fully and unambiguously accountable to the voters of Alabama."
The Alabama House Committee on Transportation, Utilities and Infrastructure is expected to vote on Wednesday on legislation by State Rep. Mack Butler (R-Rainbow City) that requires the PSC to hold regular public rate case hearings.
"We are all elected by the people of our districts, and I would encourage everyone to read both bills and let us hear from you on which one you would like to see become law," Butler told 1819 News on Tuesday.
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