Revise Public Utilities Commission nominating council and process

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 99

2025-2026

Senators Hicks-Hudson, DeMora

Cosponsors: Senators Weinstein,
Smith, Craig

A
BILL

To
amend sections 4901.02 and 4901.021 and to enact section 4901.022 of
the Revised Code
to
make various changes to the Public Utilities Commission nominating
council and nomination process.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 4901.02 and 4901.021 be amended and section 4901.022 of the
Revised Code be enacted to read as follows:

Sec.
4901.02.
(A)
(A)(1)

There is hereby created the public utilities commission of Ohio, by
which name the commission may sue and be sued.

(2)(a)

The
commission shall consist of five public utilities commissioners
appointed by the governor with the advice and consent of the senate.

(b)

The
governor shall designate one of such commissioners to be the
chairperson of the commission. The chairperson of the commission
shall serve as chairperson at the governor's pleasure.
The

(c)
Not more than four
commissioners
shall be selected from the lists of qualified persons submitted to
the governor by the public utilities commission nominating council
pursuant to section 4901.021 of the Revised Code.

(d)
At least one of the commissioners shall be a bona fide consumer
representative selected by the governor from a list of three nominees
submitted to the governor by the office of the consumers' counsel.
The first vacancy on the commission to occur after the effective date
of this amendment shall be filled from the list submitted by the
office of the consumers' counsel.

(e)

Not
more than three of said commissioners shall belong to or be
affiliated with the same political party.

(f)
No commissioner appointed after the effective date of this amendment
shall currently be or have previously been a representative or
employee of, or have any relation to or business transaction with,
any entity or entity's parent, affiliate, or subsidiary that is
subject to regulation by the public utilities commission.

(3)

The
commission shall possess the powers and duties specified in, as well
as all powers necessary and proper to carry out the purposes of
Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927.
of the Revised Code.

(B)
A majority of the public utilities commissioners constitutes a
quorum.

(C)
The terms of office of public utilities commissioners shall be for
five years, commencing on the eleventh day of April and ending on the
tenth day of April, except that terms of the first commissioners
shall be for one, two, three, four, and five years, respectively, as
designated by the governor at the time of appointment. Each
commissioner shall hold office from the date of appointment until the
end of the term for which the commissioner was appointed. Any
commissioner appointed to fill a vacancy occurring prior to the
expiration of the term for which the commissioner was appointed shall
hold office for the remainder of such term. Any commissioner shall
continue in office subsequent to the expiration date of the term for
which the commissioner was appointed until the commissioner's
successor takes office, or until a period of sixty days has elapsed,
whichever occurs first. Each vacancy shall be filled by appointment
within sixty days after the vacancy occurs.

(D)
Public utilities commissioners shall have at least three years of
experience in one or more of the following fields: economics, law,
finance, accounting, engineering, physical or natural sciences,
natural resources,
or

environmental
studies
,
social sciences, social services, consumer representation, or
education and research in utility regulation
.
At least one commissioner shall be an attorney admitted to the
practice of law in any state or the District of Columbia.

(E)
The chairperson of the commission shall be the head of the commission
and its chief executive officer. The appointment or removal of
employees of the commission or any division thereof, and all
contracts for special service, are subject to the approval of the
chairperson. The chairperson shall designate one of the commissioners
to act as deputy chairperson, who shall possess during the absence or
disability of the chairperson, all of the powers of the chairperson.

(F)(1)
Commissioner applicants shall disclose on the application all
services rendered to any public utility, regardless of whether
services were remunerated.

(2)
Applications submitted by commissioner applicants are public records
in accordance with section 149.43 of the Revised Code.

Sec.
4901.021.
(A)
There is hereby created a public utilities commission nominating
council consisting of the following:

(1)
The chairperson of the consumers' counsel governing board;

(2)
The president of the accountancy board;

(3)

The
chairperson of the state board of registration for professional
engineers and surveyors;

(4)

The
president of the Ohio state bar association;

(5)

(4)

The
president of the Ohio municipal league;

(6)

(5)

The
director of development or the director's department-employed
designee;

(6)
A representative of minority communities appointed by the governor,
to serve at the pleasure of the governor;

(7)
A member of the public
who
is an active member of a bona fide consumer protection organization

appointed
by the speaker of the house of representatives, to serve at the
pleasure of the speaker;

(8)
A member of the public
who
is an active member of a bona fide consumer protection organization

appointed
by the president of the senate, to serve at the pleasure of the
president;

(9)

A
member of the public appointed by the minority leader of the house of
representatives, to serve at the pleasure of the minority leader of
the house of representatives;

(10)
A member of the public appointed by the minority leader of the
senate, to serve at the pleasure of the minority leader of the
senate;

(11)

A
representative of the regulated public utilities of the state
appointed by the governor, to serve at the pleasure of the governor;

(10)

(12)

A
representative of the business community
who
is a member of a bona fide statewide trade association
appointed
by the governor, to serve at the pleasure of the governor;

(11)

(13)

A
representative of organized labor appointed by the governor, to serve
at the pleasure of the governor;

(12)

(14)

A
senior citizen sixty-five years of age or older

who is an officer of a bona fide statewide association for advocacy
for older persons

appointed by the director of aging, to serve at the pleasure of the
director.

(B)
(B)(1)
Except for the member described in division (A)(11) of this section,
no member of the council appointed after the effective date of this
amendment shall currently be or have previously been a representative
or employee of, or have any relation to, any entity or entity's
parent, affiliate, or subsidiary, that is subject to regulation by
the public utilities commission.

(2)
No member of the council appointed after the effective date of this
amendment shall engage in business with, hold stocks or bonds in, or
have pecuniary interest in any entity or entity's parent, affiliate,
or subsidiary, that is subject to regulation by the public utilities
commission.

(C)
Interviews of commissioner applicants shall be conducted in public
meetings in accordance with section 121.22 of the Revised Code. No
interview shall be conducted during an executive session under
section 121.22 of the Revised Code.

(D)
Except for the members described in divisions (A)(1) to (5) of this
section, no member of the council shall serve on the council for more
than two years.

(E)(1)
The first member described under division (A)(6) of this section
shall be appointed upon the first vacancy of the chairperson of the
state board of registration for professional engineers and surveyors
that occurs after the effective date of this amendment.

(2)
The members described under divisions (A)(7), (8), (12), and (14) of
this section shall be appointed, in accordance with requirements
under this act, upon the first vacancies by the members' respective
predecessors after the effective date of this amendment.

(3)
The members described under divisions (A)(9) and (10) of this section
shall be appointed upon the effective date of this amendment.

(F)

At
its first meeting each calendar year, the council shall select from
among its members a chairperson and secretary.

The chairperson and secretary shall serve not more than two one-year
terms in those positions.

The council may adopt bylaws governing its proceedings.

(C)

(G)

The
council shall keep a record of its proceedings. Special meetings may
be called by the chairperson, and shall be called by the chairperson
upon receipt of a written request for a meeting signed by two or more
members of the council. Written notice of the time and place of each
meeting shall be sent to each member of the council. With the
approval of the association's or league's governing body, the
president of the Ohio state bar association or the president of the
Ohio municipal league, respectively, may designate an alternate to
represent the president at meetings of the council. With the approval
of the board, the president of the accountancy board or the
chairperson of the state board of registration for professional
engineers and surveyors may designate such an alternate. Six members,
or their alternates, constitute a quorum.

(D)

(H)

The
council shall:

(1)
Review and evaluate possible appointees for the office of
commissioner of the public utilities commission;

(2)
Consistent with division (D) of section 4901.02 of the Revised Code,
not more than eighty-five nor less than sixty days prior to the
expiration of the term of a public utilities commissioner or not more
than thirty days after the death of, resignation of, or termination
of service by, a public utilities commissioner, provide the governor
with a list of four individuals who are, in the judgment of the
council, the most fully qualified to accede to the office of
commissioner. The council shall not include the name of an individual
upon the list, if the appointment of that individual by the governor
would result in more than three members of the commission belonging
to or being affiliated with the same political party. The council
shall include on the list only the names of attorneys admitted to the
practice of law in any state or the District of Columbia if an
attorney must be appointed to fulfill the requirement of division (D)
of section 4901.02 of the Revised Code
.
To the extent possible, in its performance of this duty, the council
shall continually attempt to ensure that the primary focus of the
background of two commissioners is in energy and that the primary
focus of the background of two commissioners is in transportation or
communications technology
.

(E)

(I)

In
reviewing and evaluating possible appointees for the office of public
utilities commissioner, the council
may
accept
shall
invite
comments
from, cooperate with, and request information from any person.
The

(J)
The
council
may make recommendations to the general assembly concerning changes
in legislation to assist the council in the performance of its
duties.

(F)

(K)

Within
thirty days of receipt of the council's recommendations, the governor
shall fill a vacancy occurring in the office of commissioner by
appointment of one of the persons recommended by the council. Nothing
in this section shall prevent the governor in the governor's
discretion from rejecting all of the nominees of the council and
reconvening the council in order to select four additional nominees.
However, when the governor has reconvened the council and the council
has provided the governor with a second list of four names, the
governor shall make the appointment from one of the names on the
first list or the second list. Each appointment by the governor shall
be subject to the advice and consent of the senate.

(G)

(L)

Members
of the council shall be compensated on a per diem basis pursuant to
the procedures set forth in section 124.14 of the Revised Code plus
reasonable travel expenses. All the expenses of the nominating
council shall be paid from moneys appropriated to the public
utilities commission for that purpose.

Sec.
4901.022.
The
public utilities commission shall make available to the public on the
commission's web site information about the following:

(A)
The operations of the public utilities commission nominating council,
including the following:

(1)
Biographical information for each council member;

(2)
Meeting notices;

(3)
Meeting minutes;

(4)
Biographical information for each commissioner applicant;

(5)
Video recordings of council meetings and applicant interviews.

(B)
Opportunities for members of the public to comment electronically or
via other means on the following:

(1)
Commissioner applicants;

(2)
The nominating council process;

(3)
Any other subjects relating to the nominating council and the
commissioner appointment process.

Section
2.
That
existing sections 4901.02 and 4901.021 of the Revised Code are hereby
repealed.