Birmingham’s Water Utility: A Shift in Control Amid Controversy
By SAFIYAH RIDDLE
Associated Press/Report
The Legislative Landscape
In a significant move stirring political and social waves, Alabama Governor Kay Ivey recently signed a bill that promises to redistribute control over the Birmingham Water Works Board (BWWB). This legislation comes despite a pending federal lawsuit that charges the changes constitute racial discrimination. The implications of this shift could reverberate through the state’s largest water utility, affecting over 770,000 customers.
A New Power Structure
The newly enacted legislation, known as SB330, alters the governance framework of the water utility. Prior to this change, city officials in Birmingham appointed a majority of the nine-member board responsible for managing water and sewer services. The new bill reduces board membership to seven and grants substantial power to the state: the governor, lieutenant governor, and the four surrounding counties now hold more sway over board appointments.
This critical shift in governance means that local interests may take a backseat to state-level decisions. Birmingham leaders, who previously held strong influence, now find themselves sidelined.
Support and Criticism
The passage of SB330 came with significant backing in the state legislature, where the Senate voted unanimously, and the House passed the bill along party lines. Proponents argue that this restructuring aims to address frequent rate hikes and antiquated infrastructure—issues that have beleaguered the utility in recent years. They cite incidents in cities like Jackson, Mississippi, and Detroit, Michigan, where water crises have underscored the need for reform.
On the flip side, dissenters challenge the efficacy of the proposed changes. Birmingham Mayor Randall Woodfin voiced strong opposition, emphasizing that the legislative changes represent a “taking of power from the local rate payer.” He warned that customers would likely see continued increases in their water and sewer bills, claiming the bill serves the interests of state politicians rather than the residents of Birmingham.
Racial Discrimination Allegations
Adding to the controversy, Woodfin and city council members initiated a federal lawsuit against Governor Ivey just days before the bill was signed, alleging that the new governance structure unfairly favors the predominantly white suburbs while diluting Birmingham’s representation. Given that over 40% of the water utility’s customers reside in Birmingham—predominantly a majority-Black city—opponents contend that the legislation effectively disenfranchises these residents in favor of the neighboring communities.
Council President Darrell O’Quinn echoed these concerns, highlighting that the shift perpetuates long-standing tensions and fears among Birmingham’s citizens regarding the intentions of their suburban neighbors. His remarks reflect a broader concern regarding racial dynamics and equitable representation in governance.
Legal Proceedings and Next Steps
As tensions mount, U.S. Chief District Judge Emily C. Marks has delayed any immediate legal action regarding the law. She opted to conduct a hearing while allowing the bill to go into effect, a decision that leaves residents waiting anxiously for a resolution. The hearing is scheduled for May 15, where both sides will present their arguments regarding the legislation’s potential implications.
As the situation unfolds, the outcome of this legislative maneuver will be closely watched, revealing not just the future of water management in Birmingham but also the intricate relationship between race, politics, and governance in Alabama.
Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
