Another Alabama Senate Bill Raises Concerns Over Executive Control of Public Service Commission

Montgomery, AL (BuzzReport) – A newly introduced bill in the Alabama Senate is drawing scrutiny from critics who say it could shift significant power over the state’s utility regulation away from elected officials and into the hands of a governor-appointed cabinet member.

The legislation, titled the “Power to the People Act” (SB 360), was recently introduced in the state legislature on today. While the name suggests expanded public influence, opponents argue the bill could have the opposite effect by centralizing authority within the governor’s administration.

At the center of the controversy is a provision that would grant the Secretary of Energy, a position appointed by the governor, broad authority over the operations of the Alabama Public Service Commission (PSC). The PSC is currently composed of commissioners elected by Alabama voters and is responsible for regulating utilities across the state, including electricity, natural gas, and certain transportation services.

Under the proposed legislation, the governor-appointed energy secretary would be able to set the agenda for every PSC meeting and oversee key administrative functions, including staff management and personnel decisions. Critics argue that this authority could allow the secretary to shape regulatory priorities and potentially influence outcomes before commissioners even have the opportunity to deliberate.

SB360 Details

• Would expand ASPC from three members to seven.
• Commissioners would represent geographical districts that mirror Alabama’s congressional districts.  
• Commissioners elected after June 1, 2026, would serve six-year terms.  
• Four new commissioners would be appointed by the governor by July 15, 2026.  Two commissioners would serve two-year terms, two other commissioners would serve four-year terms.  Then those commission seats would be elected.  
• Elections for new commission seats would be phased in through 2031. 
• Creates Secretary of Energy cabinet position, appointed by the governor.   
• No utility rates can be increased from October 2026 through June 2029.

Opponents of the bill say the structure would effectively give an unelected official—answerable primarily to the governor—significant leverage over an agency that has historically operated under the direction of elected commissioners.

Supporters of the measure have described it as an effort to streamline energy policy and better coordinate the state’s approach to power generation, infrastructure development, and long-term energy planning. Proponents say consolidating oversight could make Alabama more competitive in attracting new industry and addressing future energy demands.

However, critics warn that the proposal could undermine the independence of the PSC and weaken voter oversight. Because commissioners on the Alabama Public Service Commission are elected statewide, opponents argue they are directly accountable to residents and ratepayers, unlike an appointed cabinet official.

Some critics have also raised concerns about the potential influence of major utility providers, arguing the bill could create a pathway for utility companies to gain stronger influence over regulatory decisions if executive branch officials become more directly involved in PSC operations.

The debate comes as energy policy and utility rates remain a major concern for many Alabama residents, particularly as households across the country continue to face higher costs for electricity, fuel, and other essential services.

If passed, SB 360 could represent one of the most significant structural changes to the state’s utility regulatory system in decades.

The bill is expected to move through committee in the coming weeks, where lawmakers will debate its implications and hear testimony from stakeholders, including consumer advocates, utility representatives, and state officials.

For now, the proposal’s title—“Power to the People”—is already becoming a focal point of the debate, with critics arguing the legislation may ultimately place more power inside the governor’s office than in the hands of Alabama voters.