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Yahoo
16-05-2025
- Politics
- Yahoo
Birmingham mayor, city council file lawsuit against state over water utility board changes
The skyline of Birmingham, Alabama. Birmingham officials have filed a lawsuit against a new state law that would reduce the number of appointments from the city to the Birmingham Water Works Board. (John Coletti/The Image Bank) The Alabama Legislature's 2025 session is over, and the lawsuits have begun. After state lawmakers passed a bill reducing Birmingham's appointments to the Birmingham Water Works Board (BWWB), Birmingham officials filed a federal lawsuit to try to protect their controlling interest in the utility. The city government currently appoints six of the nine directors on the board; SB 330, sponsored by Sen. Dan Roberts, R-Mountain Brook, converts BWWB into a regional authority with seven members and a single appointment from the city. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX A hearing on the lawsuit, filed before Gov. Kay Ivey signed the bill on May 7, was scheduled for Thursday but postponed. The law does not explicitly mention BWWB but its provisions reflect the make-up of the water utility. Currently, two directors are appointed by the mayor while the Birmingham City Council appoints four members. A message was left with Gov. Kay Ivey's office Thursday seeking comment. Proponents of the legislation said it was necessary to impose changes. In the past, the water utility has been beset with issues with billing, oversight and concerns over public trust. Customers reported concerns with unread meters and inaccurate water bills. Under Roberts' bill, the governor, lieutenant governor and counties that own a major reservoir would each get an appointment. Birmingham's mayor and the president of the Jefferson County Commission also get an appointment. The governor's appointment must come from one of the counties served by the utility. Another county located outside the area where the utility is based gets to also appoint a board member. The governing body of the municipality where the regional water utility is located appoints a director. Finally, that law states that a resident where the water utility is located may also be a member of the Board. The remaining members are selected, respectively, by the Jefferson County Mayors Association, the Shelby County Commission and Blount County Commission. The lawsuit alleges the bill the equal rights and due process protections in the U.S. and Alabama constitutions. The lawsuit says that lawmakers in the Legislature, most of whom are white, reduced the power of officials in Birmingham whose population is 67% Black and forms 41% of the utility's customer base. The lawsuit also notes that other areas with representation are mostly white. In Blount County, it says, only about 2% of the residents are Black, and in Walker County, only 6% are Black. 'SB330 violates the Equal Protection Clause of the United States Constitution,' the lawsuit states. Plaintiffs listed in the lawsuit also stated that the law violates their right to due process because any changes to the board require changes to the Certificate of Incorporation, which is not part of the legislation, that must be approved by Birmingham City Council. The law changes the Certificate of Incorporation by reducing the number of members that the city council may appoint, which members of the Council did not approve. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
15-05-2025
- Business
- Yahoo
Regional Birmingham Water Works Board invalidates sale of assets to City of Birmingham
BIRMINGHAM, Ala. (WIAT) — The new regional board of Birmingham Water Works met for the first time Wednesday night. Half of the meeting's agenda items were tabled, but the board did vote to invalidate the sale of water work assets to the city of Birmingham. The seven-person regional board of directors say tonight's meeting is the first time they were all in the same room, which is the reason they voted to table the appointment of officers for the board. 'I know one, maybe two people up here. I have no knowledge, no experience, no background of who's who, what's what and what skill sets are,' said Jarvis Patton Sr. That's not the only item that was tabled. Half of the agenda items had no action taken. One of the items that was voted on is a resolution to invalidate the sale of BWWB assets to the city of Birmingham –the sale was approved by the former water works board after SB330 was signed by the governor. 'As a board, as a body, we need to send the message, 'we have not agreed to sell the assets of the Birmingham Water works board to the city of Birmingham,' and we need to make that statement strong, because that last board was dissolved the second the governor signed it,' said Jeffery Brunlow. That resolution passed 5-2. Both 'no' votes came from the city of Birmingham appointed directors, Sheila Tyson and Jarvis Patton Sr., who both wanted to table the resolution citing pending litigation. Tyson says her position is that the BWWB still belongs to the city of Birmingham. 'All day long, this is Birmingham Water, this is Birmingham Assets. Every pipe, every drip of water, dirt, it belongs to Birmingham,' said Tyson. The board is scheduled to meet again on May 19 for what they have called a work session. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
08-05-2025
- Politics
- Yahoo
Gov. Kay Ivey signs bill that largely wrestles control of the Birmingham Water Works Board out of the city's hands
BIRMINGHAM, Ala. (WIAT) — Gov. Kay Ivey has signed into law a bill that the city of Birmingham is actively trying to stop from reorganizing its water department. Ivey signed SB330 into law on Wednesday, her office confirmed, effectively taking the Birmingham Water Works Board mostly out of the city's hands and restructuring it to include members appointed by both the state and surrounding counties. On Tuesday, the city of Birmingham filed a federal lawsuit against Ivey, seeking a temporary injunction from the law going into effect. Because of how the lawsuit was filed, which a District Judge Emily Marks claimed did not give Ivey enough time to respond, the motion to halt the bill was denied. However, a hearing has been set May 15 to discuss the bill. The bill, which has now gone into effect with Ivey's signature, would reform the BWWB to have seven members, only two of whom would be picked by Birmingham. The remainder of the board would be filled by selections from Ivey, Lieutenant Gov. Will Ainsworth, Jefferson County Commission President Jimmie Stephens and representatives from Shelby and Blount Counties. Birmingham Mayor Randall Woodfin and other city leaders have long been opposed to the bill, claiming that it was political overreach by the state and was unconstitutional. 'This bill does not take politics out of the water works, it actually inserts more into the water works,' Woodfin said Tuesday. Rep. Jim Carns, R-Vestavia Hills, was one of the sponsors of SB330 and said BWWB needed to change. 'In the private sector, if this was a business, they would come in and clean house and it took 19 years for this to happen,' Carns previously told CBS 42. 'I never hear anyone that's happy with the Birmingham water system. I hate it. It's just not something that I wanted to hear, not something that I wanted to be involved with. This has taken a lot of effort and it's been painful for a lot of people. Every time you make major change, there is pain involved. The old saying 'no pain, no gain' and I expect a lot of gain out of this.' Birmingham Water Works has faced many struggles over the years. Being nearly $1 billion in debt, the board recently approved water rate increase of 4.9%, coming out to an increase of $2.14 per customer each month. The city has reported that an estimated 91% of BWWB's clientele is in Jefferson County. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to CBS 42.
Yahoo
06-05-2025
- Politics
- Yahoo
Judge denies city's request to stop Alabama from signing Birmingham Water Works Board bill, at least for now
BIRMINGHAM, Ala. (WIAT) — Hours after the city of Birmingham filed a lawsuit against Gov. Kay Ivey to stop a bill changing the makeup of the city's water works board from becoming law, a federal judge has set a date in court to discuss it. On Tuesday, Birmingham Mayor Randall Woodfin announced that the city had filed a lawsuit against Alabama to stop SB330, which would largely take the city out of controlling the BWWB, from becoming law. The bill awaits Gov. Kay Ivey's signature to become law after being approved in the Alabama Legislature last week. In a subsequent order, U.S. District Judge Emily Marks both denied the motion, but also set a hearing May 15 for the city to make its case regarding an injunction. 'After carefully reviewing the Plaintiffs' verified complaint and motion, the Court finds that entry of a temporary restraining order without first affording Governor Ivey an opportunity to be heard would be inappropriate,' Marks wrote. During a press conference Tuesday, Woodfin said the bill was political overreach and unconstitutional. 'This bill does not take politics out of the water works, it actually inserts more into the water works,' Woodfin said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to CBS 42.
Yahoo
01-05-2025
- Politics
- Yahoo
Alabama Legislature passes bill that would change the way the Birmingham Water Works Board operates
BIRMINGHAM, Ala. (WIAT) — A bill that would change the way the water works board for the second largest city in Alabama has passed both houses, awaiting Gov. Kay Ivey signing it into law. SB330, which passed the Senate 66-27 Thursday, would essentially taken the Birmingham Water Works Board out of the hands of the city and into state control, turning it into a regional board where board members can be appointed by officials outside the city. On Wednesday, Birmingham Mayor Randall Woodfin stood with other city officials in protest of the bill, claiming it was overreach by the state. 'Let's call it what it is, this is a political power grab that is not in the best interests of the rate payers,' Woodfin said. Over the years, the BWWB has faced several challenges, from being nearly $1 billion in debt to rising rate increases. Rep. Juandalyn Givan, who is running for mayor of Birmingham, issued the following statement after the bill passed: 'Today marks a deeply disappointing moment for the City of Birmingham as the Municipal Appointing Authority and for the thousands of ratepayers who rely on the Birmingham Water Works Board. The passage of House Bill 330 represents a blatant overreach— a takeover of an authority that rightfully belongs to the City of Birmingham and its residents. This move is not only absurd, it is dangerous, and its long-term consequences could be devastating in ways we may never fully recover from. 'I have fought tooth and nail against this legislation, raising my voice at every opportunity to protect local control and accountability. The Birmingham Water Works Board, while not without its own challenges, should never have been subjected to such a politically motivated power grab. 'I would be remiss not to acknowledge that some of the difficulties we face today were self-inflicted. I also cannot help but express my disappointment that more of Birmingham's leadership did not publicly and forcefully join this fight when it mattered most. Our unity could have made a difference. 'Though this was not the outcome we wanted, I remain steadfast in my commitment to the people of Birmingham. I will continue to be a voice for our community and to advocate for transparency, equity, and the local authority that our city deserves.' The changes are set to go into effect immediately once it's signed into law. Mayor Woodfin released the following statement regarding the bill's passage: 'My concern is for the Birmingham ratepayers. This bill is not in their best interest. The city does not own the water works nor operate it but the passage of this legislation clearly weakens the voice of a major portion of the utility's ratepayers. 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.' Mayor Woodfin Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
