Michigan House Democrats Propose Elected Public Service Commission to Replace Appointed Utility Regulators

A New Proposal for Michigan Utility Regulation

A package of legislation introduced Thursday by Michigan House Democrats would fundamentally change how Michigan's top utility regulators are selected, proposing that members of the Michigan Public Service Commission be elected by voters rather than appointed by the governor.

The proposal comes amid growing public frustration with repeated electricity rate hikes approved by the commission in recent years, including a significant $276.6 million rate increase for Consumers Energy approved earlier in March 2026.

The Core Proposal

Under the plan introduced by state Representative Jimmie Wilson Jr. (D-Ypsilanti) and co-sponsored by 13 other House Democrats, the three-member Michigan Public Service Commission would expand to five members. These commissioners would be elected every four years, with voters selecting them on nonpartisan November general election ballots.

The legislative package includes several key provisions:

• Commission candidates would be selected by delegates to state party conventions, similar to how Michigan Supreme Court candidates are nominated
• Commissioners would serve staggered four-year terms
• A person's time on the panel would be capped at 12 years
• The change would take effect in 2028

State Representative Reggie Miller (D-Van Buren Township), who also introduced a joint resolution calling for amending the state constitution to hold MPSC elections by 2030, explained the motivation behind the proposal.

"The goal of the proposal is to give Michigan residents a direct voice in who serves on that commission," Miller said. "They make important decisions about utility rates, data centers, large-scale projects, infrastructure, and they want representation, not appointed positions. This is what residents have told me."

Representative Wilson echoed these sentiments, noting he has heard from countless concerned residents about spiking utility rates.

"Electing public service commissioners is not a change that benefits any one political party; it is a necessary choice we must give Michigan residents so they can decide who makes decisions that affect their rates down the line," Wilson said.

Republican Response

Republican House Speaker Matt Hall (R-Richland Township) took a different approach to addressing public frustration with the commission. While he has been critical of the MPSC, Hall sent the bills to the Government Operations Committee, where he said simply, "The MPSC is government operations."

Hall has proposed an alternative track to addressing utility concerns - a $4 billion tax overhaul plan that would, among other things, require utilities to roll back at least $1 billion in rates. He has also said the answer is not electing MPSC members, but rather narrowing their powers, specifically taking away their ability to force local communities to accept data centers, windmills, and solar panels.

Constitutional Amendment Option

A bipartisan group of 14 lawmakers also introduced joint resolutions that would ask voters to approve an amendment to the Michigan Constitution to make the public service commission an elected position. Unlike the legislation, these resolutions would not require the governor's signature to go before voters for their approval.

The four sponsors of the constitutional amendment effort include two Republicans: Representatives Tom Kunse of Clare and Jennifer Wortz of Quincy, along with Wilson and Miller.

Context and History

Currently, the three-member commission is appointed by Governor Gretchen Whitmer to six-year terms, and all three current members are appointees of the Democratic governor. The MPSC oversees regulated utility companies including Consumers Energy and DTE Energy, approving rate increases and reviewing utility applications for data centers, solar farms, and other large-scale projects.

Only 10 other states have elected public service commissions, according to Michigan Public. The commission did not comment specifically on the legislation, but spokesman Matt Helms shared a statement saying the commission is focused on maintaining recent momentum on electric reliability improvements and keeping customer costs in check.

Republican state Sen. Jim Runestad, R-White Lake Township, previously sponsored a similar bill in 2023 to make public service commissioners elected positions. Runestad, who is now chairman of the Michigan Republican Party, said at that time, "It is time to give the people of Michigan more oversight when it comes to our utility providers and to shine more light on this powerful and influential interest group."

Legislative Hurdles

The legislation faces significant obstacles. It would require Whitmer's signature to become law and put the commission in the legislative branch, a structural change that would face constitutional scrutiny. Additionally, House Speaker Hall has sent the bills to the Government Operations Committee, where proposals often languish and stall out.

A January Detroit News investigation found that the price of electricity for residential customers in Michigan had more than doubled in the past 20 years, outpacing inflation and increasing at higher percentages than the rates in 46 other states.

What This Means for Michigan

If approved, Michigan residents would have a direct say in selecting their utility regulators every four years, rather than having the governor appoint commission members. The proposal would create a system similar to the current selection process for Michigan Supreme Court justices, with party conventions nominating candidates who then appear on nonpartisan ballots.

The expansion from three to five members would also mean broader geographic and policy representation, though the specific selection mechanism through party conventions would determine how candidates are chosen.