Birmingham mayor, city council file lawsuit against state over water utility board changes

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.

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.