A bill that would overhaul the Birmingham Water Works Board has sparked opposition in the Alabama Senate.

Sen. Rodger Smitherman, D-Birmingham, delayed action in the Senate on Wednesday with filibuster tactics because of his opposition to the bill, which is in the House of Representatives. The bill would change the BWWB from a nine-member to a seven-member board and reassign the authority to appoint board members.

Under current law, the Birmingham City Council appoints four members, the Birmingham mayor appoints two members, and the Jefferson County Mayors Association, the Shelby County Commission and the Blount County Commission appoint one each.

Under the bill, which is sponsored by Reps. Jim Carns, R-Vestavia Hills, and David Faulkner, R-Mountain Brook, the mayor of Birmingham would have four appointments and the governor would have three.

Smitherman said the proposal contradicts the understanding he had after reforms the Legislature passed previously for the BWWB, which included an expansion from five members to the current nine. Smitherman worked with Sen. Jabo Waggoner, R-Vestavia Hills, to reach a compromise on that bill eight years ago.

“We expanded the board so we could have regional representation,” Smitherman said this morning when asked about the bill and his filibuster on Wednesday. “It was my understanding that this issue is supposed to be settled and ended. We’re back at this point again now and I don’t agree with all the elements in that particular bill that’s been put before us. Some of them I do. But a lot of them I don’t. And the biggest one is I don’t think it’s reasonable for them to just try to take the water appointments and take that aspect from the city. That part of it amounts to a taking, and that’s not right. Sure, if we need to make changes to make it better, I’m all for that.”

Smitherman did not persist with his filibuster on Thursday but made it clear he will continue to speak out on the BWWB issues on behalf of his district.

Sen. Lance Bell, a Republican from St. Clair County, also expressed concerns about the bill on Thursday. The city of Moody in Bell’s district is served by the BWWB, which has customers in Shelby, Blount, St. Clair, and Walker counties in addition to Jefferson County. Bell, who is in his first year in the Legislature after his election in November, said he intended to be involved in anything affecting his district. He said he was not consulted about the bill. He urged his colleagues to consult with him on such bills.

“I’m here to stand up for my district,” Bell said. “I’m upset. Just pick up the phone and call me.”

BWWB Chairwoman Tereshia Huffman has also spoken out in response to the legislation, defending the utility’s leadership.

“We have prioritized ensuring that our board reflects our community and that our decisions are made with their best interests in mind,” Huffman said. “Additionally, we take great pride in transparency with our customers and stakeholders and are committed to maintaining our sound financial strength.”

Birmingham Mayor Randall Woodfin criticized the BWWB last year over what he said was the board’s resistance to using automatic meter reading technology that could save money. BWWB customers complained last year about delayed bills, multiple bills received at one time, and sharp billing increases. BWWB Chair Christopher Rice resigned in September during the billing controversy.