A bill to overhaul the membership of Birmingham Water Works Board won approval by a narrow margin today in an Alabama House committee.

Five opponents of the bill, including members and staff of the BWWB, spoke in opposition to the legislation during a public hearing at the House Commerce and Small Business Committee. The committee then approved the bill by a 6-5 vote. That moves it into position for consideration by the full House of Representatives.

The BWWB provides water to about 770,000 people in Jefferson, Blount, Shelby, St. Clair, and Walker counties. The board has come under criticism for billing problems and other problems.

Rep. Jim Carns, R-Vestavia Hill, sponsor of HB177, said the intent of the legislation is to improve oversight, accountability, and governance for the board, which he said is a regional board, despite the name.

“The Water Works has carried the name Birmingham Water Works forever,” Carns said. “And I think people got it soaked into their psyche that they owned it. But they don’t.”

Carns read from a stack about complaints from organizations, public officials, social media, and other sources. Those included complaints from Birmingham Mayor Randall Woodfin about billing problems and other issues. Last September, former BWWB chair Chris Rice resigned a few weeks after Woodfin publicly criticized the board amid the storm of billing complaints.

The BWWB has nine members now. Four are appointed by the Birmingham City Council, two by the Birmingham mayor, and one each by the Jefferson County Mayors Association, the Shelby County Commission, and Blount County Commission.

Carns’ bill approved by the committee today is a new version of one he introduced in March., which was also sponsored by Rep. David Faulkner, R-Mountain Brook. Like the original bill, it would immediately remove the current members from the board and reduce the board from nine members to seven members. Carns’ new bill would have two members appointed by the Birmingham City Council, two by the Birmingham mayor, one each by the Shelby and Blount county commissions, and one by the Jefferson County Mayors Association.

One of the board members appointed by the mayor and one appointed by the city council would have to be a graduate engineer or have experience in an engineering discipline. The other appointee of the mayor and the city council would have to be well qualified and experienced in financial matters.

BWWB Chair Tereshia Huffman defended the utility’s leadership when the original bill was introduced in March. Today, Huffman spoke in opposition to the new bill at the public hearing. Huffman said she and BWWB Vice Chair William “Butch” Burbage of Shelby County have been in their leadership positions for about four months.

“We are committed to work together as a board and will continue to be committed to steering this committee in the right direction,” Huffman said. Huffman said the BWWB has adopted new bylaws to modernize board meetings and refinanced debt to save money and improve the BWWB’s bond ratings.

Burbage also spoke to the committee today in opposition to the bill. Burbage has been on the board for six years.

“We truly believe, and I truly believe, that in the six years we’ve been there, we are doing what we can to right this ship and get it going in the right direction,” Burbage said. “Do we have challenges? Yes. Are we going to have more challenges? Yes, we are. But the thing is. But the thing is, we’re trying to do the best we can. And I believe this board can be working more in cohesiveness to go forward than what has happened in the past.”

The appointing authorities for the board’s current membership were set up under legislation that passed in 2015 and that took effect in 2017.

Rep. Patrick Sellers, D-Birmingham, urged the committee to slow down the bill for more review. “I think we need to slow this down to grasp what this is,” Sellers said. “This is a large change.”

Voting for the bill today were Carns, and Reps. Rhett Marques, R-Enterprise; Ritchie Whorton, R-Owens Cross Roads; Phillip Rigsby, R-Huntsville; Mark Shirey, R-Mobile; and Troy Stubbs, R-Prattville. Voting against the bill were Sellers and Reps. Berry Forte, D-Eufaula; Adline Clarke, D-Mobile; Phillip Ensler, D-Montgomery; and Mark Gidley, R-Gadsden.

Approval by the committee put the bill in position for consideration by the full House of Representatives.

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