Commissioner's Term of Office
The California Energy Commission has five commissioners appointed by the Governor and confirmed by the Senate. Commissioners serve staggered five-year terms. The Governor also designates a chair and vice chair as primary agency leads.
Each commissioner’s five-year term expires on January 6 of the year in which an appointed or reappointed needs to occur for that particular office. Public Resources Section 25206 of the Warren-Alquist Act states, “A vacancy shall be filled by the Governor within 30 days of the date on which a vacancy occurs for the unexpired portion of the term in which it occurs or for any new term of office. If the Governor fails to make an appointment for any vacancy within such 30-day period, the Senate Rules Committee may make the appointment to fill the vacancy for the unexpired portion of the term in which the vacancy occurred or for any new term of office.”
Commissioners usually continue to serve until a new commissioner is appointed. Government Code Section 1302 says, "Every officer whose term has expired shall continue to discharge the duties of his office until his successor has qualified." A commissioner can continue to serve if he or she chooses or until another person is appointed and takes the oath of office. Other provisions of the Government Code limit this hold over service normally to 60 days. If the Governor has not acted in that period, the office becomes vacant, regardless if the former incumbent is willing to continue to serve.