- Governor signs law transferring water board control to state officials
- Federal lawsuit alleges racial bias against Birmingham's Black majority
- Utility serves 770,000 customers with 40% in Birmingham
- New structure reduces board from 9 to 7 members
- May 15 court hearing set for preliminary injunction
The Alabama Legislature has ignited a constitutional firestorm by restructuring governance of the state's largest water utility. Under the new law signed by Governor Kay Ivey, Birmingham loses its historic control over the water board serving nearly three-quarters of a million residents. This comes as Jefferson County faces mounting infrastructure challenges, with pipe replacement costs estimated at $200 million annually nationwide according to ASCE data.
Political analysts note this conflict reflects broader Southern power struggles between urban cores and suburban areas. Similar governance battles occurred during Nashville's 2018 transit referendum and Memphis' 2020 sanitation reforms. The restructuring gives four surrounding counties equal voting power despite containing less than 10% of total customers - a move critics compare to historical gerrymandering tactics.
Rate increases averaging 4.2% annually over the past decade have strained low-income households in Birmingham, where median income sits 23% below state averages. Proponents argue the changes prevent crises like Jackson, Mississippi's 2022 water system collapse, which required $600 million in federal emergency repairs. However, utility experts caution that fragmented oversight often increases costs, citing Detroit's $5 billion water infrastructure debt as a cautionary example.
Legal scholars highlight the case's potential civil rights implications under Title VI provisions. Birmingham's lawsuit claims the law violates the 14th Amendment by diluting Black voting power, mirroring arguments in recent Alabama redistricting cases. With 67% of Birmingham residents identifying as African American versus 33% statewide, the outcome could set precedents for municipal utility governance nationwide.