State Representative Chip Brown, R-Hollinger’s Island, filed a bill Thursday that would change the way the state’s three public service commissioners are chosen. For more than 100 years, those representatives have been elected; House Bill 392 would end that process and have them appointed by the governor instead.
Despite having nearly 400 other bills filed in the House prior, HB392 got placed on the next available meeting of the House Transportation, Utilities and Infrastructure committee in which the body immediately passed the bill despite concerns raised at a public hearing. The bill has already been placed on tomorrow’s special order calendar for the House.
Proponents of the bill highlighted a requirement in the law that would require the governor to appoint someone with experience in a relevant field—no such requirement exists for elected candidates. They also said lawmakers may keep a better eye on the regulatory authority, with the PSC historically being an authority that voters know little about.
But critics say the change would allow regulated companies, particularly pointing to Alabama Power, to wield influence over its own regulatory authority indirectly. The commissioners themselves cannot receive money from regulated agencies and companies, but lawmakers can.
“It’s legalizing bribery,” said Daniel Tait, founder of Energy Alabama, a group he said advocates for clean and affordable energy.
The hearing turned into a questioning of Tait, with lawmakers implying he had ties to George Soros and that he seemed too “well rehearsed” to be just another Alabama citizen opposed to the bill. (Tait is a Huntsville native.)
“Contrary to what you may have heard in Yellowhammer (News) … we do not receive funding from George Soros or any of the kind of crazy groups that you talk about,” Tait said.
A report last week from Yellowhammer News, a conservative media outlet, claimed “George Soros California environmental dark money is flowing into Energy Alabama.”
State Representative Donna Givens, R-Loxley, questioned Tait’s effusive praise for the PSC’s newest member, Cynthia Almond, appointed by Governor Kay Ivey in June of last year, asking Tait how he can oppose transitioning to an appointed body while agreeing so wholeheartedly with the latest appointment.
Tait responded that the two beliefs are not mutually exclusive, noting Almond’s appointment came under the existing law to fill a vacancy and that Almond or other appointed members would later have to face scrutiny from voters to remain in the seat.
Alabama is one of only 10 states that elects public service commission members.
The bill gained both bipartisan support and dissent on a 10-4 vote. The full House will take up the bill on the floor Thursday.
