MONTGOMERY — The House Commerce and Small Business Committee approved legislation on Tuesday changing the governance of Birmingham Water Works (BWWB), despite pushback from some Democratic Jefferson County lawmakers.
The legislation originated in the Senate and was eventually amended after lengthy negotiations.
The original Senate Bill 330, introduced by State Sen. Dan Roberts (R-Mountain Brook), would have reduced the number of board members from nine to five. Under the legislation, the Birmingham mayor, lieutenant governor, Jefferson County Commission president, Blount County Commission, and Shelby County Commission would each get one appointment to the board.
The amended version would add two more appointments. The sixth appointment would be a Jefferson County resident with a "general business background" appointed by the governor. The seventh appointment would be to a Jefferson County resident, appointed by the Birmingham City Council.
Over the past couple of weeks, the legislation has caused gridlock in the House and Senate chambers, with democratic lawmakers in both bodies burning debate time in protest.
Roberts has said the bill is necessary to correct billing, service and past corruption issues at the BWWB.
Related: Ethics complaint scrutinizes Birmingham Water Works Board donations
At Tuesday's hearing, the committee went against legislative norms by voting on the bill on the same day as the public hearing.
Roberts presented the bill before the committee, touting it as a compilation of many years of work "to reform a system that badly needs it."
State Rep. Juandalynn Givan (D-Birmingham) was the first to speak against the bill. She said it was gratuitous, since the issues it claims to address are already being addressed. She also bemoaned the perceived removal of the City's input.
"Many of those issues have already started a process of being resolved," Givan said. "From the rates, the inaccuracies in some of the reporting as it relates to the meters and things of that nature, as well as the quality. The former CEO is back at the helm. He's been doing an excellent job of trying to make those corrections with the [BWWB].
"My biggest concern standing here today is to simply say that this is a system for which it is operated within the foremost largest city that is within its headquartered area, and that is the city of Birmingham, who had the majority appointing authority. I really feel that this should have been a local bill that should have been able to be hashed out."
Although announced as a proponent of the bill, State Rep. Jim Hill (R-Moody) took issue with its lack of representation from his district in St. Clair County, suggesting a county resident be added to the board.
"We don't like it," Hill said. "We're against it. I'm not against this bill. I'm not against the professionalism this bill brings. I'm not against whatever you want to do in that regard, Mr. Carns [Committee Chairman]. I am very much going to be opposed to St. Clair County, once again, getting left off."
State Rep. Mary Moore (D-Birmingham) likewise opposed the bill, saying she and other legislators from the district should have been brought to the table for more negotiation.
State Sen. Jabo Waggoner (R-Vestavia Hills), a cosponsor of the bill, spoke in favor, saying that the years-long issues with the board have not been addressed.
"I still get lots of complaints like I did 10 years ago," Waggoner said. "And 10 years ago, [it] caused me to prepare and pass legislation that, at the time, was very successful. But, here we are again, and here I am again asking you to give this bill a favorable report."
BWWB Chairwoman Tereshia Huffman and General Manager Mac Underwood both spoke against the legislation.
Huffman claimed it made the board more political by allowing elected officials to appoint themselves or other politicians to the board. Underwood also argued that the bill would lead to the underrepresentation of residents in Birmingham.
"There is clearly a local issue that should have been discussed and voted on by local legislators," Huffman said.
After the hearing, State Rep. Patrick Sellers (D-Pleasant Grove) asked why Roberts was focusing on the BWWB while other areas have pressing issues surrounding their water supply and why it wasn't handled through a local bill.
Roberts went through several instances in the past decade where state lawmakers addressed the BWWB through statewide legislation. He also argued that the issues required this approach since the BWWB serves multiple counties.
"I think you would agree, you can't handle more than one county at the local level; that's why it's a statewide bill, sir," Roberts replied.
After the discussion, the committee approved the bill, with Sellers being the only audible "no" vote. It now goes to the House for a floor vote.
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