Birmingham sues Alabama over new water board law, claims it harms ratepayers

BIRMINGHAM, Ala. — Birmingham city leaders have voiced strong opposition to Senate Bill 330, a new law that alters the composition of the Birmingham Water Works Board (BWWB). The bill, which was passed by the Alabama legislature, transitions municipal water works boards of a certain size into regional boards, currently affecting only the BWWB.

Mayor Randall Woodfin criticized the bill, stating, “It is clear that SB 330 is unconstitutional on its face.” He added, “This bill does not take politics out of the water works; it actually inserts more into the Birmingham Water Works.”

Woodfin expressed concerns about the bill’s ethical implications, noting that it allows elected officials to “double dip” and appoint themselves to positions, which he said is unconstitutional in Alabama. He emphasized the importance of representation, saying, “Representation matters as it relates to our public boards, particularly public utilities.”

Darrell O’Quinn, President of the Birmingham City Council, echoed these sentiments, highlighting the ethical concerns and what he says is misinformation surrounding the bill. “The fact that this bill excludes the opportunity for the public to bring their concerns and complaints before the board is directly in conflict with what we believe,” O’Quinn said.

Both leaders criticized the speed at which the bill was passed, with Woodfin noting, “This bill passed in four legislative days, which is literally unheard of.”

Birmingham City Attorney Nicole King confirmed a lawsuit has been filed in federal court, arguing that the bill is not only unconstitutional but also fails to protect ratepayers from increasing sewer bills. “We want to protect and defend the ratepayer because that’s our number one priority, not politics,” Woodfin said. The suit is against Alabama Governor Kay Ivey and the state’s Attorney General.

At Tuesday morning’s meeting, following the called news conference, the Birmingham City Council passed a series of resolutions aimed at preserving local oversight of the Birmingham Water Works in response to state legislation, SB330. The Council approved the potential purchase of the water system from the Birmingham Water Works Board for $1—plus the assumption of its debt and contracts. The Council also authorized the hiring of attorney Calvin Grigsby as outside counsel for up to $95,000 to pursue civil litigation related to SB330.

ABC 33/40 News has asked Governor Ivey’s office for comment.