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Alabama House passes bill to reshape the Birmingham Water Works Board

SB330 will shift Birmingham Water Works control to a state board, sparking controversy over local governance.

Birmingham Water Works

The Alabama House of Representatives has passed SB330. This contentious bill overhauls the governance structure of the Birmingham Water Works Board, shifting control from the City of Birmingham to a newly created statewide board. 

The measure passed the House 66-27 after more than two hours of debate. It had previously cleared the Alabama Senate unanimously. The bill now awaits Gov. Kay Ivey’s signature.

Under the new law, the BWWB will be restructured from a city-dominated board to a statewide one with eight appointed members. Previously, the nine-member board was largely appointed by Birmingham officials, with the city mayor and council selecting six members and only one representative each from the Jefferson County Mayors Association, Blount County and Shelby County. 

The new board composition will include one appointee each from the Birmingham mayor, Birmingham City Council, Jefferson County Commission, Governor, Lieutenant Governor, Blount County and Shelby County. The Governor’s appointment must be a resident of Jefferson County. 

Birmingham-area lawmakers and city officials have fiercely opposed the bill, viewing it as a politically motivated takeover. 

Birmingham Mayor Randall Woodfin released a statement shortly after the bill passed, stating the bill weakens the voice of Birmingham’s ratepayers, who make up a significant majority of the system’s customer base. 

“While I have raised concerns about BWWB over the years, the current board has taken steps to improve. That momentum has now been halted by this power grab from state lawmakers in Montgomery who clearly did not consider the best interest of our residents,” said Woodfin.

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Democratic lawmakers from Jefferson County argued that the BWWB primarily serves their constituents, more than 90 percent of its customers reside in Jefferson County, with over 40 percent in Birmingham itself. Critics contend that the bill gives disproportionate control to surrounding counties with significantly fewer customers.

Throughout the debate, several proposed amendments aimed at rebalancing representation or limiting political influence on the board were introduced and subsequently defeated. 

Rep. Ontario Tillman, D-Bessemer, proposed reassigning Blount County’s appointment to Birmingham, citing its relatively low customer count, while Rep. Jim Hill, R-Odenville, sought a seat for his growing constituency in St. Clair County, which contributes substantial revenue. 

Both amendments failed, despite bipartisan acknowledgment of the growing needs in other underserved areas, like Lowndes County, which struggles with severe sewage infrastructure issues.

The bill’s sponsors, Sen. Dan Roberts, R-Mountain Brook, and Rep. Jim Carns, R-Vestavia, defended the legislation as a necessary step to address long-standing issues with BWWB governance and customer dissatisfaction. Carns referred to the bill’s passage as “the miracle on Goat Hill,” referencing its unanimous support in the Senate despite its controversial nature.

The debate also touched on deeper historical and racial dynamics. Birmingham, a majority-Black city, has long had tensions with its predominantly white suburbs, and some lawmakers argued that this move continues a pattern of power being shifted away from Black-led institutions. 

Rep. Neil Rafferty, D-Birmingham, called the bill an attack on local governance and an imposition by the Republican supermajority, which bypassed Jefferson County’s delegation by introducing the bill as a statewide measure instead of a local one.

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In the end, SB330 passed and is set to reshape the control of one of Alabama’s largest water utilities.

Mary Claire is a reporter at APR.

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