NCSL Advisory Council on Energy
National Conference of State Legislatures
Advisory Council on Energy
Bylaws
Adopted May 15, 1998
Revisions Suggested October 18, 2006, Approved December 5, 2006
I. PURPOSE AND ACTIVITIES.
A. PURPOSE. The National Conference of State Legislatures (NCSL) formed the Advisory Council on Energy (ACE) to assist the NCSL Energy Program in identifying and responding to the information needs of the nation's state legislatures with regard to energy policy. NCSL ACE incorporates a select group of state legislators, senior staff, professional organizations, private sector members and public interest advocates to anticipate new trends in energy issues from a broad perspective and to guide NCSL programs that assist state legislatures in responding to those trends.
B. ACTIVITIES. Among its activities, ACE will do all of the following:
1. Identify new and emerging energy issues.
2. Identify the needs of and opportunities for legislatures in responding to those issues.
3. Review ongoing NCSL energy project activities and recommend new activities.
4. Serve as a resource to NCSL energy related activities.
II. MEMBERSHIP.
A. COMPOSITION. ACE membership shall not exceed 30 members. ACE membership shall include representatives of the following sectors:
1. Non-Legislative Members -- Private Sector.
a. Energy suppliers.
b. Energy efficiency and service providers.
c. Transportation industry.
2. Non-Legislative Members -- Government Sector.
a. State government.
b. Federal government.
c. Intergovernmental organizations.
3. Non-Legislative Members -- Not-for-profit Sector.
a. Environmental advocacy organizations.
b. Consumer advocacy organizations, if not already represented by a government sector member.
c. Research and professional organizations, including tribal organizations.
4. Non-Legislative Members -- Other.
a. Individuals combining specialized knowledge of energy policy and legislative practice.
5. Legislative Members.
a. At least seven legislators representing geographical diversity and both major political parties, including:
i.. At least two members of the NCSL Standing Committee on Agriculture, Environment, and Energy
ii. At least one member of the NCSL Standing Committee on Transportation.
b. Four legislative staff members from energy committees or related committee.
c. Two former legislators who have served on ACE may participate without a vote.
d. One tribal leader or tribal legislator.
B. APPOINTMENT, RESIGNATION AND REMOVAL OF MEMBERS.
1. Appointment of Members. NCSL staff shall appoint legislative members to ACE, within the parameters of subsection A. 5. The legislator members of ACE shall appoint the non-legislative members of ACE, based on nominations prepared by NCSL staff within the parameters of subsection A. 1. to 4.
2. Term of Appointment. The term of an appointment under paragraph 1. is indefinite, except as follows:
a. The term of a non-legislative member or a legislative staff member shall terminate on the date that
the member leaves the employment that is the basis of his or her membership, unless he or she
is reappointed on the basis of new employment.
b. The term of a legislator member shall terminate on the date that the member leaves office, unless
the member is reappointed on the basis of new employment.
c. The term of a non-legislative private sector member shall terminate on the date that the member's
employer terminates support of ACE.
3. Resignation. A member may resign from ACE by submitting a written resignation to the NCSL energy project staff.
4. Removal. The legislator members may, by a majority vote of the legislators appointed to ACE, remove a member who misses three consecutive in-person ACE meetings. NCSL staff shall maintain and distribute records of attendance following each in-person ACE meeting as identified in Section III D.
C. CHAIR AND VICE-CHAIR.
1. Chair. The Legislator members of ACE shall select the chair of ACE from among themselves for a term of one year. The chair shall preside over meetings of ACE and shall consult with NCSL staff on meeting planning and other matters relating to the operation of ACE.
2. Vice-Chair. The legislator members of ACE shall select a vice-chair of ACE from among themselves for a term of one year. The vice-chair of ACE shall be of a different political party than the chair. The vice-chair shall preside over meetings of ACE in the absence of the chair.
III. MEETINGS.
A. PARTICIPANTS.
1. Members. Each ACE member shall make a good-faith effort to attend each ACE meeting. Members are responsible for bringing the views of their constituent groups to the ACE process and for informing their constituents of major ACE activities and resolutions. Members are free to voice their individual viewpoints.
2. Alternates. An ACE member may designate an alternate to attend an ACE meeting on his or her behalf as provided in this paragraph. The member shall notify the NCSL staff of the identity of the alternate 10 days before the meeting or at the earliest possible date. The member shall ensure that the alternate is knowledgeable regarding energy policy and the work of ACE, has a copy of the agenda for the meeting and is informed of the views of the member. Only the following may serve as an alternate:
a. For a legislator member, a legislator, preferably from the same state.
b. For a legislative staff member, a person holding a similar legislative staff position from the same state.
c. For a non-legislative member, an employee of the same company, agency or organization or of a related company, agency or organization.
3. Observers. Observers will be allowed at ACE meetings. However, observers will be invited to speak only at designated times or when called upon by the chair. All observers must notify NCSL staff of plans to attend an ACE meeting at least two weeks prior to the meeting date.
4. Guests. Members may invite others to attend ACE meetings but must coordinate attendance of resource people with the NCSL staff at least two weeks prior to the meeting date.
B. AGENDA.
The NCSL staff will develop the agenda for each ACE meeting in consultation with the chair and in collaboration with the members.
C. DECISION-MAKING.
1. ACE is intended to be an advisory board for the NCSL energy project and in general will not take positions on issues. Should there be significant disagreement among ACE members about an issue, then ACE will make decisions by a majority vote of the legislators in attendance at the meeting.
2. Members not present at any meeting of ACE where a consensus decision is made will be allowed to comment and sign on but not to block consensus.
D. SUMMARIES OF MEETINGS.
The NCSL staff shall prepare a brief summary of each in-person ACE meeting. The summary shall include a record of attendance, presentations made to ACE, topics of discussion by ACE and a summary of any decisions made by ACE. NCSL staff will distribute the summary after each in-person ACE meeting.
IV. SUBCOMMITTEES.
ACE may form small working groups or subcommittees as needed to discuss issues, develop recommendations to ACE and carry out activities as approved by ACE. A working group or subcommittee formed under this section shall include ACE members and shall operate under all pertinent provisions of these bylaws.
V. BUDGET.
A. The employer of each private sector member, as identified under section II. A. 1., shall annually contribute at least $5,000 to the ACE budget.
B. This funding will be used to cover the costs of travel for legislators and legislative staff to attend ACE meetings, meeting planning costs and meeting costs. The budget may be used towards other expenses as determined by ACE.
VI. CHANGE OF BYLAWS.
Changes to the bylaws will be made by consensus of the members present or by a majority vote of the legislators appointed to ACE. Any ACE member may suggest changes to the bylaws. Such proposed changes must be presented to the ACE membership in writing at least one month prior to the meeting at which ACE acts upon the proposed changes.
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