In a significant shift of power dynamics within North Carolina's governance, the state's Court of Appeals has sided with a lower court, confirming the constitutionality of a law that empowers the state treasurer to make appointments to the North Carolina Utilities Commission. The ruling, detailed in an announcement from the NC Department of State Treasurer, marks a departure from the traditional appointment authority habitually wielded by the governor.
This development arose from legislative changes made back in 2024, when the General Assembly decided that the treasurer should have a say in who sits on the five-member Utilities Commission. Historically, this had been the purview of the governor exclusively. The law stipulates that these appointments would still require the green light from the legislature. Governor Josh Stein raised concerns that this reallocation of authority was at odds with the state constitution, a stance that the Court has now officially rejected.
In a statement from the NC Department of State Treasurer's website, Treasurer Brad Briner celebrated the court's concurrence: "This is another affirmation that executive branch functions do not sit solely with the governor here in North Carolina. The entire Council of State is duly elected by all citizens of the state to carry out executive roles and responsibilities independent of the governor.”
The Treasurer made good on the law's provisions and nominated Donald van der Vaart for a position on the Commission in April. This appointment was subsequently ratified by both the House and the Senate, ushering van der Vaart into office as of July 1. The Utilities Commission serves as a regulatory body, overseeing rates and services of various public utilities such as energy, telephone, and transportation services.
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