Orwall introduces airport legislation SB5652

Senator Tina Orwall (Des Moines 33rd) has introduced and is currently the sole sponsor of SB5652

In Brief:  Starting January 1, 2026, qualifying port districts must obtain an environmenal justic assessment before approving any significant port action. This assessment must be conducted by the University of Washington’s department of environmental and occupational health sciences, working with the local county health department, to evaluate potential adverse cumulative impacts on overburdened communities and vulnerable populations affected by the action.

Port districts have the authority to spend money to address and mitigate environmental impacts in their district or general area. This includes funding for remediation, studies, and recommendations regarding environmental and cumulative health impacts. They can contract with nonprofits and other entities for expertise, and may use funds (including those authorized under RCW 53.54.040) to address both current and historical environmental harm affecting overburdened communities and vulnerable populations.

Although at first glance it looks similar to HB1303, this bill is very different and has very different potential for airport communities.

We will provide a complete analysis and comparison soon. Follow the progress of SB5652 here: Progress

Complete Text

Here is the complete text of Washington State Senate Bill 5652 as provided in your document:

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AN ACT
Relating to reducing environmental and health disparities and improving the health of Washington state residents in large port districts; and adding a new chapter to Title 53 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

1. “Cumulative environmental health impact” has the same meaning as in RCW 70A.02.010.
2. “Environmental benefits” has the same meaning as in RCW 70A.02.010.
3. “Environmental harm” has the same meaning as in RCW 70A.02.010.
4. “Environmental impacts” has the same meaning as in RCW 70A.02.010.
5. “Evidence-based” has the same meaning as in RCW 70A.02.010.
6. “Overburdened communities” has the same meaning as in RCW 70A.02.010.
7. “Qualifying port district” means a port district authorized to undertake programs for the abatement of aircraft noise under RCW 53.54.010.
8. “Significant port action” means any action involving a capital improvement project, purchase, or construction of $8,000,000 or more in value or any action that increases the number of gates at an airport.
9. “Vulnerable populations” has the same meaning as in RCW 70A.02.010.

NEW SECTION. Sec. 2.

1. A qualifying port district must include an environmental justice implementation plan within its strategic plan. The plan must describe how the qualifying port district applies environmental justice principles and guide its implementation.
2. The environmental justice implementation plan must include:
   a. Goals and actions to reduce environmental and health disparities.
   b. Metrics to track progress.
   c. Methods for equitable community engagement.
   d. Strategies to comply with federal and state environmental justice laws.
   e. A community engagement plan.
   f. Timelines for incorporating environmental justice into activities.

NEW SECTION. Sec. 3.

1. By January 1, 2026, a qualifying port district must create a community engagement plan detailing how it will engage with overburdened communities and vulnerable populations.
2. The plan must include:
   a. Identification and prioritization of overburdened communities.
   b. Best practices for outreach and communication.
   c. Use of screening tools integrating environmental, demographic, and health data.
   d. Processes to facilitate participation, including childcare and travel reimbursements.
   e. Outreach methods for individuals facing participation barriers.
3. The port district must comply with:
   a. Title VI of the Civil Rights Act (prohibiting racial, color, and national origin discrimination).
   b. Executive Order 05-03 (plain language communication).
   c. Executive Order 13166 (ensuring access for those with limited English proficiency).
4. The port district may coordinate with the Office of Equity to identify policy barriers to engagement.

NEW SECTION. Sec. 4.

1. After January 1, 2026, before approving significant port actions, a qualifying port district must:
   a. Obtain an environmental impact assessment from the University of Washington’s Department of Environmental and Occupational Health Sciences, in collaboration with the county health department, to evaluate cumulative environmental and health impacts on overburdened communities.
   b. Develop and publicly share an action plan implementing mitigation strategies or explaining why mitigation is not feasible.
   c. Consult with overburdened communities and vulnerable populations, with outreach led by the county health department through public meetings and community engagement.
2. The port district must strive to reduce or eliminate environmental harms and maximize benefits using strategies such as:
   a. Reducing disproportionate environmental harm.
   b. Preventing cumulative negative impacts.
   c. Ensuring community engagement in project development.
   d. Prioritizing resource distribution to affected communities.
   e. Promoting job opportunities in overburdened communities.
   f. Addressing community-identified needs.
   g. Modifying regulations or policies when feasible.
   h. Considering mitigation techniques suggested by the Environmental Justice Council, the Office of Equity, or affected communities.
3. The University of Washington must periodically evaluate the effectiveness of mitigation strategies and provide public reports.
4. This section does not create a legal right of action or a right to review port district decisions.

NEW SECTION. Sec. 5.

1. A qualifying port district may allocate funds to mitigate environmental harms and cumulative health impacts arising from its operations.
2. The port district may use funds, including those authorized under RCW 53.54.040, to remedy environmental disparities affecting overburdened communities and vulnerable populations.

NEW SECTION. Sec. 6.

Sections 1 through 5 of this act constitute a new chapter in Title 53 RCW.