Some Alabama legislators today endorsed a plan to transform the Birmingham Water Works Board into a regional system, despite opposition from city officials.

Birmingham city leaders say proposed legislation will dilute local control; supporters of the legislation, including its sponsor, say change is needed to keep the utility accountable and affordable.

“Failure in the management of water systems will lead to unreasonable high rates that oppress residents and are barriers to economic development,” Sen. Dan Roberts, R-Mountain Brook, told the Senate County and Municipal Government Committee.

The bill, SB330, advanced out of committee on a party line vote of 6-3. Co-sponsors are Republicans Sen. Jabo Waggoner and Sen. Shay Shelnutt.

What would the bill do?

It would shrink the nine-member board to five and reduce Birmingham’s members to just one. Sponsors call the bill a move to reform the utility after years of complaints about customer service, excessive spending and missing representation from customers outside Birmingham and Jefferson County.

However, those against it call it a hostile takeover of an asset that belongs to the people of Birmingham.

“Today is a day in history where you will be able to reflect back where there was governmental taking of the assets of the citizens of Birmingham and Jefferson County,” said Sen. Rodger Smitherman, D-Birmingham.

The legislation would transform the water works board into a regional authority with new members, and give new appointment powers to the president of the Jefferson County Commission and the Alabama Lt. Governor.

The nine-member board currently has six seats from Birmingham, one from the Jefferson County Mayors Association and one each from Blount and Shelby Counties.

Reactions from lawmakers, councilors

Smitherman said the bill has racist undertones where Birmingham, with a 70% Black population, would cede control of the utility to people who would be appointed from outside the city and county in predominantly white communities.

“What you’re doing is, ready to strangle. Birmingham you’re ready to try to bring her to her knees. You’re ready to try to put her in a situation where she can’t support her own self,” Smitherman said. “It’s a public lynching,” “You have to call it for what it is.”

Birmingham City Council President Darrell O’Quinn also called the bill an unfair ceasing of the city’s asset.

“This bill is fundamentally about control and represents a taking from the city of Birmingham,” he said. “We want all the reforms to happen at the water works board and we think we are moving in that direction. But what’s being proposed is fundamentally opposed to the interests of the city of Birmingham.”

Sen. Merika Coleman, who sits on the committee, chided Roberts for what she called a lack of transparency in the process.

Coleman said Roberts shirked the normal process and submitted the bill without talking to her colleagues in the Jefferson County delegation – the Democrats from Birmingham.

“It has been ushered through the process, so there has been a lack of fairness when it comes to fair hearing,” Coleman told Roberts. “You came to see us after the fact, not prior to.”

Coleman said the latest bill and the way it was presented has damaged the progress to unify Jefferson County’s legislative delegation.

Still, Waggoner, who sponsored the last major reform of the utility in 2015, said he has returned to support Roberts because some reforms have gone unmet. He said improvements ushered in with his earlier legislation have lapsed.

“I’m receiving the same complaints today that I received 10 years ago. If I had received no complaints I would not be standing here today,” Waggoner said. “They are calling again.”

Responses from Birmingham Water Works

Water Works leaders touted recent improvements at the utility.

General Manager Mac Underwood, who returned to lead the utility in February, said the board took action to address customer service issues and changed management in 2024.

In recent months, he said 10,000 monthly billing errors have been reduced to less than 500 a month.

“We made a tremendous effort in improving the operation of the system.”

Underwood also contradicted the sponsor’s figures on the population serviced by the utility. He said 41% of the customer base comes from Birmingham and 92% percent comes from Jefferson County.

The utility’s other customers come from Shelby, Blount, St. Clair and Walker counties.

Board member Butch Burbage, who lives in Shelby County, came on the board after the last reorganization was mandated by the legislature and also spoke against the bill.

Burbage said improvements have been made at the utility since the earlier reforms were mandated.

“It was a real mess, everybody knows that,” said Burbage, who is vice chairman of the board. “We are doing everything we possibly can to get this in the right place.”

Burbage said current leadership continues to make improvements.

“We have the best board in there. We work together and we understand the problems,” he said. “We put our confidence in the management group, they understand what we need and they are working toward that.”

He said momentum would be stifled if the system changed now.

The committee now moves closer to the floor for a vote. Waggoner is chairman of the rule committee.