News Summary
Birmingham officials have filed a federal lawsuit against state law SB 330, which limits the city’s representation on the Birmingham Water Works Board. The law, signed by Governor Ivey, reduces the city’s board members from six to one. Officials fear this undermines local control and racial representation in essential water utilities, as the changes favor predominantly white areas while impacting Birmingham’s majority-Black community. A hearing on the lawsuit has been postponed, raising questions about local governance and state intervention.
Birmingham officials have initiated a federal lawsuit against a newly enacted state law, SB 330, which alters the governance of the Birmingham Water Works Board (BWWB). The law reduces the city’s representation on the board from six out of nine directors to just one appointment, raising significant concerns over racial representation and local control of essential water utilities.
The city government fears that the changes introduced by SB 330 could jeopardize Birmingham’s current controlling interest in the BWWB, which has been led predominantly by its local representatives. A hearing on the lawsuit was scheduled shortly after Governor Kay Ivey signed the bill into law on May 7, but it has since been postponed.
SB 330 modifies the BWWB’s structure into a regional authority comprising seven members, shifting authority away from the city. Under the new arrangement, the board will receive appointments from various state officials, including the governor and lieutenant governor, in addition to representatives from counties with major water reservoirs and the Birmingham mayor. Critics argue that this change disproportionately impacts Birmingham’s predominantly Black community, which makes up 67% of the city’s population and is the source of 41% of the utility’s customer base. In contrast, the other regions benefiting from board seats are mostly white.
The lawsuit asserts that SB 330 infringes upon the Equal Protection Clause of the U.S. Constitution and denies Birmingham officials their due process rights. Additionally, it argues that modifications to the BWWB’s leadership should require the approval of the Birmingham City Council, which did not endorse these revisions. The city officials view this move as a tactic to diminish local oversight and control, pointing out that they have passed resolutions to maintain authority over the water system.
Supporters of the legislation claim it is necessary to address prior issues related to billing inaccuracies, governance failings, and a lack of public trust in the water utility. They contend that the restructured board could improve management efficiency and mitigate billing problems that have historically plagued the BWWB.
Birmingham Mayor Randall Woodfin and City Council President Darrell O’Quinn have publicly opposed SB 330, branding it as an attempt to politicize water service management rather than genuinely reforming it. They highlighted the expedited process through which the law was approved, occurring over the span of just four legislative days.
In light of the law’s passage, the Birmingham City Council has expressed intentions to maintain local governance by exploring options such as purchasing the water system from the BWWB for a nominal price of $1, while also assuming its existing debts and contracts. To bolster their legal standing against SB 330, the Council has authorized the hiring of legal counsel.
Response from Alabama Attorney General Steve Marshall indicates that challenges against the state may be blocked by the Eleventh Amendment, which could limit the lawsuit’s efficacy against the governor or other state officials. He emphasized that the role of the governor was merely to sign the legislation.
Despite the turmoil surrounding SB 330, BWWB General Manager Mac Underwood has assured customers that regular operations will continue uninterrupted. The BWWB maintains its financial stability and has operational improvements underway, promising consistent water service to all customers.
As this lawsuit unfolds, it raises broader questions about local governance, representation, and the functions of essential public utilities in Birmingham and across Alabama. Stakeholders are now left to ponder the implications of state intervention in local affairs, particularly in entities that are vital to the community’s daily life and welfare.
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Additional Resources
- WVTM 13
- Wikipedia: Water Utility
- Alabama Reflector
- Google Search: Birmingham Water Works Board lawsuit
- WBRC
- Google Scholar: Birmingham Water Works Board
- ABC 3340
- Encyclopedia Britannica: Equal Protection Clause
- CBS 42
- Google News: Birmingham Water Works Board changes
