As Introduced
136th General Assembly
Regular Session S. B. No. 99
2025-2026
Senators Hicks-Hudson, DeMora
Cosponsors: Senators Weinstein, Smith, Craig
A B I L L
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
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As Introduced
(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
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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,
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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
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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.
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(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
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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
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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.
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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.
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