House Committee Advances Bill to End Public Elections for Alabama Public Service Commission Members

February 10, 2026 - MONTGOMERY, Ala. - A key Alabama House committee has advanced legislation that would fundamentally reshape how the state selects its Public Service Commission (PSC), moving Alabama one step closer to ending more than a century of statewide elections for the powerful regulatory body.

The bill - House Bill 392 (HB392) - is sponsored by Rep. Chip Brown (R–Hollinger's Island), was taken up Tuesday during the House Transportation, Utilities and Infrastructure Committee meeting. The measure proposes to eliminate the public's right to vote for PSC commissioners and instead shift to a system in which commissioners are appointed by the governor.

The PSC regulates electricity, natural gas, pipelines, and other essential utility services across Alabama-making it one of the most influential regulatory bodies in state government.

Rep. Brown's legislation would strip Alabama voters of the power to choose their own PSC commissioners. It would authorize the governor to appoint the President of the Public Service Commission, subject to Senate confirmation. The bill was amended in committee so that one of those appointments must come from a list approved by the Speaker of the House of Representatives with consultation with the House Minority Leader. The third commissioner would be chosen by the governor from a list of names given to him or her by the Senate Pro Tempore in consultation with the Senate Minority Leader. The bill also restructures PSC duties and oversight, including how commissioners review major utility contracts and rate‑related decisions. It also sets experience and education requirements for the Public Service Commissioners.

HB392 received a public hearing during the meeting. The Alabama Channel's livestream of the hearing shows lawmakers questioning the scope of the bill and its impact on public accountability.

Supporters Argue Appointments Would Improve the expertise of the commissioners and take politics out of the process of selecting commissioners

Rep. Brown and supporters of the bill contend that shifting to an appointment system would ensure commissioners have technical expertise in energy, utilities, and regulatory policy. They claim that it would also reduce the influence of statewide campaign fundraising, which often involves industries the PSC regulates, and bring Alabama in line with states that use appointment systems for utility regulators.

Brown has argued that the PSC's decisions-especially those involving long‑term energy planning, major infrastructure investments, and rate structures-are too complex to be shaped by electoral politics.

Opponents Warn the Bill Strips Voters of Their Voice

Opposition was immediate and forceful.

Members of the public, along with representatives from civic organizations, argued that the bill would remove one of the few remaining statewide offices directly accountable to voters. Critics say the PSC's decisions affect every household and business in Alabama, and therefore the public should retain the right to choose its commissioners.

Opponents also raised concerns that:

- Gubernatorial appointments could centralize too much power in the executive branch.

- Utility companies could gain greater behind‑the‑scenes influence without the transparency of elections.

- Removing elections would reduce public scrutiny of rate decisions, energy policy, and utility contracts.

Several speakers during the public hearing emphasized that the PSC's authority over electricity and natural gas rates makes it essential that commissioners remain answerable to the people, not political insiders.

Committee Action and Next Steps

After discussion, the committee voted to advance the bill, clearing the way for it to move to the full House for consideration. The vote signals growing legislative momentum behind restructuring the PSC, even as public opposition intensifies.

If passed by the Legislature and signed by the governor, the bill would mark one of the most significant changes to Alabama's regulatory framework in decades.

A Broader Debate About Power and Accountability

The fight over HB392 reflects a larger debate in Alabama politics:

Should key regulatory positions be insulated from elections to ensure expertise, or should they remain directly accountable to voters?

For now, the question moves to the House floor-where lawmakers will decide whether Alabama keeps electing its utility regulators or shifts to a system that places that power in the hands of the governor.