SB 99

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  1
  section 4901.022 of the Revised Code to make  2
  various changes to the Public Utilities  3
  Commission nominating council and nomination  4
  process.  5
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 4901.02 and 4901.021 be amended  6
and section 4901.022 of the Revised Code be enacted to read as  7
follows:  8
     Sec. 4901.02. (A)(A)(1) There is hereby created the public  9
utilities commission of Ohio, by which name the commission may  10
sue and be sued.  11
     (2)(a) The commission shall consist of five public  12
utilities commissioners appointed by the governor with the  13
advice and consent of the senate.  14
     (b) The governor shall designate one of such commissioners  15
to be the chairperson of the commission. The chairperson of the  16
commission shall serve as chairperson at the governor's  17
pleasure. The  18
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       (c) Not more than four commissioners shall be selected  19
from the lists of qualified persons submitted to the governor by  20
the public utilities commission nominating council pursuant to  21
section 4901.021 of the Revised Code.  22
       (d) At least one of the commissioners shall be a bona fide  23
consumer representative selected by the governor from a list of  24
three nominees submitted to the governor by the office of the  25
consumers' counsel. The first vacancy on the commission to occur  26
after the effective date of this amendment shall be filled from  27
the list submitted by the office of the consumers' counsel.  28
       (e) Not more than three of said commissioners shall belong  29
to or be affiliated with the same political party.  30
       (f) No commissioner appointed after the effective date of  31
this amendment shall currently be or have previously been a  32
representative or employee of, or have any relation to or  33
business transaction with, any entity or entity's parent,  34
affiliate, or subsidiary that is subject to regulation by the  35
public utilities commission.  36
       (3) The commission shall possess the powers and duties  37
specified in, as well as all powers necessary and proper to  38
carry out the purposes of Chapters 4901., 4903., 4905., 4907.,  39
4909., 4921., 4923., and 4927. of the Revised Code.  40
       (B) A majority of the public utilities commissioners  41
constitutes a quorum.  42
       (C) The terms of office of public utilities commissioners  43
shall be for five years, commencing on the eleventh day of April  44
and ending on the tenth day of April, except that terms of the  45
first commissioners shall be for one, two, three, four, and five  46
years, respectively, as designated by the governor at the time  47
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As Introduced
of appointment. Each commissioner shall hold office from the  48
date of appointment until the end of the term for which the  49
commissioner was appointed. Any commissioner appointed to fill a  50
vacancy occurring prior to the expiration of the term for which  51
the commissioner was appointed shall hold office for the  52
remainder of such term. Any commissioner shall continue in  53
office subsequent to the expiration date of the term for which  54
the commissioner was appointed until the commissioner's  55
successor takes office, or until a period of sixty days has  56
elapsed, whichever occurs first. Each vacancy shall be filled by  57
appointment within sixty days after the vacancy occurs.  58
       (D) Public utilities commissioners shall have at least  59
three years of experience in one or more of the following  60
fields: economics, law, finance, accounting, engineering,  61
physical or natural sciences, natural resources, or  62
environmental studies, social sciences, social services,  63
consumer representation, or education and research in utility  64
regulation. At least one commissioner shall be an attorney  65
admitted to the practice of law in any state or the District of  66
Columbia.  67
       (E) The chairperson of the commission shall be the head of  68
the commission and its chief executive officer. The appointment  69
or removal of employees of the commission or any division  70
thereof, and all contracts for special service, are subject to  71
the approval of the chairperson. The chairperson shall designate  72
one of the commissioners to act as deputy chairperson, who shall  73
possess during the absence or disability of the chairperson, all  74
of the powers of the chairperson.  75
       (F)(1) Commissioner applicants shall disclose on the  76
application all services rendered to any public utility,  77
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As Introduced
regardless of whether services were remunerated.  78
        (2) Applications submitted by commissioner applicants are  79
public records in accordance with section 149.43 of the Revised  80
Code.  81
        Sec. 4901.021. (A) There is hereby created a public  82
utilities commission nominating council consisting of the  83
following:  84
        (1) The chairperson of the consumers' counsel governing  85
board;  86
        (2) The president of the accountancy board;  87
        (3) The chairperson of the state board of registration for  88
professional engineers and surveyors;  89
        (4) The president of the Ohio state bar association;  90
        (5) (4) The president of the Ohio municipal league;  91
        (6) (5) The director of development or the director's  92
department-employed designee;  93
        (6) A representative of minority communities appointed by  94
the governor, to serve at the pleasure of the governor;  95
        (7) A member of the public who is an active member of a  96
bona fide consumer protection organization appointed by the  97
speaker of the house of representatives, to serve at the  98
pleasure of the speaker;  99
        (8) A member of the public who is an active member of a  100
bona fide consumer protection organization appointed by the  101
president of the senate, to serve at the pleasure of the  102
president;  103
        (9) A member of the public appointed by the minority  104
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As Introduced
leader of the house of representatives, to serve at the pleasure  105
of the minority leader of the house of representatives;  106
       (10) A member of the public appointed by the minority  107
leader of the senate, to serve at the pleasure of the minority  108
leader of the senate;  109
       (11) A representative of the regulated public utilities of  110
the state appointed by the governor, to serve at the pleasure of  111
the governor;  112
       (10) (12) A representative of the business community who  113
is a member of a bona fide statewide trade association appointed  114
by the governor, to serve at the pleasure of the governor;  115
       (11) (13) A representative of organized labor appointed by  116
the governor, to serve at the pleasure of the governor;  117
       (12) (14) A senior citizen sixty-five years of age or  118
older who is an officer of a bona fide statewide association for  119
advocacy for older persons appointed by the director of aging,  120
to serve at the pleasure of the director.  121
       (B)(B)(1) Except for the member described in division (A)  122
(11) of this section, no member of the council appointed after  123
the effective date of this amendment shall currently be or have  124
previously been a representative or employee of, or have any  125
relation to, any entity or entity's parent, affiliate, or  126
subsidiary, that is subject to regulation by the public  127
utilities commission.  128
       (2) No member of the council appointed after the effective  129
date of this amendment shall engage in business with, hold  130
stocks or bonds in, or have pecuniary interest in any entity or  131
entity's parent, affiliate, or subsidiary, that is subject to  132
regulation by the public utilities commission.  133
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As Introduced
       (C) Interviews of commissioner applicants shall be  134
conducted in public meetings in accordance with section 121.22  135
of the Revised Code. No interview shall be conducted during an  136
executive session under section 121.22 of the Revised Code.  137
       (D) Except for the members described in divisions (A)(1)  138
to (5) of this section, no member of the council shall serve on  139
the council for more than two years.  140
       (E)(1) The first member described under division (A)(6) of  141
this section shall be appointed upon the first vacancy of the  142
chairperson of the state board of registration for professional  143
engineers and surveyors that occurs after the effective date of  144
this amendment.  145
       (2) The members described under divisions (A)(7), (8),  146
(12), and (14) of this section shall be appointed, in accordance  147
with requirements under this act, upon the first vacancies by  148
the members' respective predecessors after the effective date of  149
this amendment.  150
       (3) The members described under divisions (A)(9) and (10)  151
of this section shall be appointed upon the effective date of  152
this amendment.  153
       (F) At its first meeting each calendar year, the council  154
shall select from among its members a chairperson and secretary.  155
The chairperson and secretary shall serve not more than two one-  156
year terms in those positions. The council may adopt bylaws  157
governing its proceedings.  158
       (C) (G) The council shall keep a record of its  159
proceedings. Special meetings may be called by the chairperson,  160
and shall be called by the chairperson upon receipt of a written  161
request for a meeting signed by two or more members of the  162
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council. Written notice of the time and place of each meeting  163
shall be sent to each member of the council. With the approval  164
of the association's or league's governing body, the president  165
of the Ohio state bar association or the president of the Ohio  166
municipal league, respectively, may designate an alternate to  167
represent the president at meetings of the council. With the  168
approval of the board, the president of the accountancy board or  169
the chairperson of the state board of registration for  170
professional engineers and surveyors may designate such an  171
alternate. Six members, or their alternates, constitute a  172
quorum.  173
       (D) (H) The council shall:  174
       (1) Review and evaluate possible appointees for the office  175
of commissioner of the public utilities commission;  176
       (2) Consistent with division (D) of section 4901.02 of the  177
Revised Code, not more than eighty-five nor less than sixty days  178
prior to the expiration of the term of a public utilities  179
commissioner or not more than thirty days after the death of,  180
resignation of, or termination of service by, a public utilities  181
commissioner, provide the governor with a list of four  182
individuals who are, in the judgment of the council, the most  183
fully qualified to accede to the office of commissioner. The  184
council shall not include the name of an individual upon the  185
list, if the appointment of that individual by the governor  186
would result in more than three members of the commission  187
belonging to or being affiliated with the same political party.  188
The council shall include on the list only the names of  189
attorneys admitted to the practice of law in any state or the  190
District of Columbia if an attorney must be appointed to fulfill  191
the requirement of division (D) of section 4901.02 of the  192
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As Introduced
Revised Code. To the extent possible, in its performance of this  193
duty, the council shall continually attempt to ensure that the  194
primary focus of the background of two commissioners is in  195
energy and that the primary focus of the background of two  196
commissioners is in transportation or communications technology.  197
       (E) (I) In reviewing and evaluating possible appointees  198
for the office of public utilities commissioner, the council may  199
accept shall invite comments from, cooperate with, and request  200
information from any person. The  201
       (J) The council may make recommendations to the general  202
assembly concerning changes in legislation to assist the council  203
in the performance of its duties.  204
       (F) (K) Within thirty days of receipt of the council's  205
recommendations, the governor shall fill a vacancy occurring in  206
the office of commissioner by appointment of one of the persons  207
recommended by the council. Nothing in this section shall  208
prevent the governor in the governor's discretion from rejecting  209
all of the nominees of the council and reconvening the council  210
in order to select four additional nominees. However, when the  211
governor has reconvened the council and the council has provided  212
the governor with a second list of four names, the governor  213
shall make the appointment from one of the names on the first  214
list or the second list. Each appointment by the governor shall  215
be subject to the advice and consent of the senate.  216
       (G) (L) Members of the council shall be compensated on a  217
per diem basis pursuant to the procedures set forth in section  218
124.14 of the Revised Code plus reasonable travel expenses. All  219
the expenses of the nominating council shall be paid from moneys  220
appropriated to the public utilities commission for that  221
purpose.  222
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As Introduced
       Sec. 4901.022. The public utilities commission shall make  223
available to the public on the commission's web site information  224
about the following:  225
       (A) The operations of the public utilities commission  226
nominating council, including the following:  227
       (1) Biographical information for each council member;  228
       (2) Meeting notices;  229
       (3) Meeting minutes;  230
       (4) Biographical information for each commissioner  231
applicant;  232
       (5) Video recordings of council meetings and applicant  233
interviews.  234
       (B) Opportunities for members of the public to comment  235
electronically or via other means on the following:  236
       (1) Commissioner applicants;  237
       (2) The nominating council process;  238
       (3) Any other subjects relating to the nominating council  239
and the commissioner appointment process.  240
       Section 2. That existing sections 4901.02 and 4901.021 of  241
the Revised Code are hereby repealed.  242