News Summary
Alabama Attorney General Steve Marshall declared the Birmingham Water Works Board’s attempt to transfer its assets to the City of Birmingham as unlawful. This ruling follows the enactment of Senate Bill 330, which restructured the governance of the water board. In a rapid move, the City Council ratified a $1 purchase of the board’s assets. Legal actions are anticipated from both the city and state officials as tensions rise over the management of Birmingham’s water utility and the implications of the new legislation.
Birmingham — Alabama Attorney General Steve Marshall announced that the Birmingham Water Works Board (BWWB) acted outside its legal authority when it attempted to transfer its assets to the City of Birmingham. This ruling comes in the wake of recent legislative changes aimed at restructuring the governance of the water board.
Marshall emphasized that the removal of the former directors of BWWB became effective immediately after the approval of Senate Bill 330 (SB330), which was signed into law by Governor Kay Ivey. This bill revamped the governance structure of the BWWB, transitioning it to a regional board.
On Thursday, the Birmingham City Council ratified an agreement to purchase BWWB’s assets for a nominal fee of $1, a move that occurred mere hours following the Board’s approval of the sale on Wednesday night. As per the terms of the purchase, the City of Birmingham would take on the assets and liabilities associated with the BWWB.
Governor Ivey signed SB330 on Wednesday afternoon, an act that significantly altered the governance of Birmingham’s water utility. Following the Governor’s signature, Jefferson County Commission President Jimmie Stephens quickly appointed Phillip Weidmeyer to the newly formed Regional Water Board. Following this development, Weidmeyer filed a federal lawsuit, seeking a judicial declaration that invalidates the BWWB and any decisions made after SB330 was enacted.
Additionally, Lt. Governor Will Ainsworth made an appointment to the new board shortly thereafter. Birmingham City Council President Darrell O’Quinn indicated that the city council would explore all possible means to contest the asset transfer in light of the Attorney General’s ruling.
The Birmingham City Council’s ratification of the purchase agreement was perceived as an effort to negate the implications of SB330. Mayor Randall Woodfin responded with plans for a federal lawsuit against Governor Ivey, challenging the constitutionality of SB330. Criticism has been aimed at the bill for its provisions that enable elected officials to appoint themselves to the regional board, sparking ethical concerns.
In addition to their legal response, the Birmingham City Council passed resolutions aimed at maintaining local oversight over the water utility following the enactment of SB330. The council has also authorized the hiring of outside legal counsel to pursue civil litigation related to the legislative changes.
The expedited passage of SB330 came under scrutiny, taking only four legislative days, which raised alarms regarding transparency and the extent of public input during the legislative process, particularly as significant governance changes were made to a vital public utility.
This ongoing legal battle highlights the tensions between local governmental authority and state-level legislative actions. The implications of the Attorney General’s ruling and the outcome of the lawsuits could have significant consequences for the governance and operation of Birmingham’s water utility in the coming months.
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Additional Resources
- WBRC: Birmingham City Council Votes to Buy Birmingham Water Works
- Google Search: Birmingham Water Works
- ABC 33/40: Birmingham Sues Alabama Over New Water Board Law
- Encyclopedia Britannica: Birmingham Water Works
- CBS 42: Judge Denies City’s Request to Stop Signing Birmingham Water Works Board Bill
- Google News: Birmingham Water Works
