Senate Pro Tem Garlan Gudger Announces “Power to the People Act”
Expands PSC to seven seats elected by the people
From the office of the Senate President Pro Tempore
President Pro Tem Garlan Gudger (R - Cullman) announced on Tuesday the “Power To The People Act,” a measure that expands the Alabama Public Service Commission from its current three seats to seven seats elected by the public, maintains strong restrictions on regulated utilities, and statutorily outlaws any utility rate increases until 2029 but continues to allow rate reductions.
“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.”
The Power To The People Act, which is sponsored by State Sen. Clyde Chambliss (R - Prattville), adds four new seats to the commission and requires all seven posts to be elected by congressional district, which is similar to the election model currently used for the Alabama State Board of Education.
In order to create staggered terms, four commissioners would initially be appointed by the governor in July of 2026, two of whom would serve two-year terms and two of whom would serve four year terms. Commissioners would run for office according to congressional districts beginning in November of 2028 and serve six year terms upon election.
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 upon and implemented at any time.
The Power To The People Act also creates a new cabinet-level Secretary of Energy, which was recently suggested by Republican gubernatorial candidate Coach Tommy Tuberville, and that position would be responsible for overseeing the administrative functions of the commission.In determining rates, 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 Public Service Commission seats.
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, as well.
“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.”