SB5652 SB-4052.1 Relating to reducing environmental and health disparities and improving the health of Washington state residents in large port districts

AN ACT Relating to reducing environmental and health disparities and improving the health of Washington state residents in large port districts

AN ACT Relating to reducing environmental and health disparities and improving the health of Washington state residents in large port districts; amending RCW 43.330.610, 53.20.090, and 43.131.430; adding a new section to chapter 43.09 RCW; adding a new chapter to Title 53 RCW; and creating a new section.

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

Section 1

(1) The legislature finds that:

(a) Communities located near airports are uniquely and disproportionately exposed to aviation-related air pollution such as ultrafine particulate matter, nitrogen dioxide, volatile organic compounds, black carbon, and other pollutants. Those pollutants have been linked to breast cancer, heart disease, prostate cancer, and a variety of lung conditions, including asthma. Communities near airports are also disproportionately exposed to noise from aviation activity, which has been linked to increased levels of stress, sleep disruption, hypertension, and heart disease;

(b) Many building improvements, also known as port packages, such as double and triple-paned windows, insulation, and HVAC systems initially funded by the federal aviation administration and the Port of Seattle designed to mitigate the noise impacts of the airport activity have failed, resulting in unhealthy living conditions for nearby communities due to poor ventilation, leaking windows, moisture damage, mold growth, and structural rot; and

(c) A coordinated, evidence-based, community-informed approach is needed to comprehensively address air and noise impacts from aviation activity on these disproportionately affected communities. Moreover, community participation is essential to identifying effective mitigation strategies and developing an implementation framework to remediate past, and mitigate current, cumulative, and future, air and noise pollution impacts on these communities.

(2) Therefore, the legislature intends to:

(a) Establish partnerships among local jurisdictions, state agencies, research institutions, and community members to develop scientifically sound, locally responsive strategies to mitigate the ongoing and cumulative impacts of aviation activity;

(b) Establish a grant program to:

(i) Support the ongoing implementation of identified mitigation strategies to address the cumulative impacts of aviation activity on human and environmental health; and

(ii) Address deficiencies in port packages funded by the federal aviation administration and the Port of Seattle; and

(c) Direct the office of the state auditor to complete an assessment of the steps the Port of Seattle has taken to evaluate the success of the port packages, identify related expenditures, evaluate homeowner satisfaction, and make recommendations for future action.

Section 2

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

(1) “Aviation-impacted communities” means communities located within an impacted area as defined in RCW 53.54.020.

(2)(a) “Aviation-related air quality impacts” means emissions from aircraft activity and resulting community air pollution concentrations associated with a qualifying port district’s airport operations.

(b) “Aviation-related air quality impacts” include, without limitation, emissions or air pollutants from aircraft activities along landing and take-off paths, taxiing, ground support equipment, or auxiliary power units.

(3)(a) “Aviation-related noise impacts” means noise that communities experience from a qualifying port district’s airport operations.

(b) “Aviation-related noise impacts” include, without limitation, noise from aircraft takeoff, landing, taxiing, ground support equipment, and auxiliary power units.

(4)(a) “Mitigation strategies” means actions designed to reduce community exposure to aviation-related air quality impacts, aviation-related noise impacts, or both.

(b) “Mitigation strategies” include, without limitation, reducing emissions and resulting air quality impacts; improving heating, ventilation, air conditioning, and filtration systems; strengthening building envelopes; installing air or noise barriers; adding vegetation; and using portable high-efficiency particulate air filters.

(5) “Qualifying port district” means a port district authorized to undertake programs for the abatement of aircraft noise under RCW 53.54.010.

Section 3

(1) By June 1, 2027, and then recurring every two years, the University of Washington’s department of environmental and occupational health sciences must:

(a) Develop and integrate exposure maps and community-level estimates of aviation-related air quality impacts and aviation-related noise impacts on aviation-impacted communities;

(b) Assess indoor and outdoor air quality and noise for schools, child care centers, community centers, and homes from aviation activity in aviation-impacted communities to understand real-world exposure during typical use cases; and

(c)(i) Create a clear, science-based approach for evaluating the human and environmental health impacts, including cumulative impacts, of aviation activity on both indoor and outdoor air quality and noise in aviation-impacted communities.

(ii) The science-based approach:

(A) Must include, to the extent possible, an assessment of relevant current research, reports, and studies from local, state, national, and international sources; and

(B) Is not limited to federally defined standards or guidelines and can include considering novel ways to measure noise, including diverse decibel weighting.

(2) When conducting the requirements in subsection (1) of this section, the University of Washington’s department of environmental and occupational health sciences, as applicable, must use:

(a) A variety of techniques, such as literature review, exposure modeling, mobile monitoring, or community-based episodic sampling;

(b) Data collected by the Puget Sound clean air agency and University of Washington from the air pollutant monitoring stations located in the cities of SeaTac and Des Moines; and

(c) Community participation to inform monitoring approaches and evaluation goals, and identify priority populations in aviation-impacted communities.

Section 4

(1) By January 1, 2027, the department of commerce must convene and facilitate a work group that meets quarterly for the first year and biannually in subsequent years to provide diverse expertise and perspectives to inform the development of mitigation strategies to address aviation-related air quality impacts and aviation-related noise impacts on aviation-impacted communities. The department of commerce must appoint the following members to the work group:

(a) One representative from the Port of Seattle;

(b) One representative from the University of Washington’s department of environmental and occupational health sciences;

(c) One representative from the Washington state department of health;

(d) One representative from the department of ecology;

(e) One representative from the Puget Sound clean air agency;

(f) One representative from the King county department of public health;

(g) One representative from the city of Burien;

(h) One representative from the city of Des Moines;

(i) One representative from the city of Federal Way;

(j) One representative from the city of Normandy Park;

(k) One representative from the city of SeaTac;

(l) One representative from the Beacon Hill neighborhood of the city of Seattle;

(m) One representative from the city of Tukwila;

(n) Seven representatives from aviation-impacted communities who are not representatives, employees of, or professionally affiliated with, any of the entities listed in (a) through (m) of this subsection; and

(o) Six representatives from community advocacy organizations.

(2) The work group must:

(a) Review relevant studies and research conducted by the University of Washington’s department of environmental and occupational health sciences under section 3 of this act;

(b) Identify a set of mitigation strategies that reflect work group priorities, including strategies that have been proven effective, can be implemented within the affected communities, and reduce aviation-related air quality impacts, aviation-related noise impacts, or both;

(c) Review noise mitigation retrofits, also known as port packages, that were installed in aviation-impacted communities to evaluate the extent to which the retrofits are deficient in addressing aviation-related noise impacts;

(d)(i) Develop an ongoing mitigation plan for aviation-impacted communities that includes priority mitigation strategies based on air pollution and noise burden, technical requirements, eligibility criteria, cost estimates, timelines, equity considerations, and potential evaluation methods and metrics;

(ii) The first mitigation plan must be completed by October 1, 2027, and updated biennially thereafter;

(iii) The mitigation plan must include strategies to:

(A) Mitigate aviation-related noise impacts, including those below the federal threshold of 65 decibels DNL for significant noise;

(B) Remedy deficient noise mitigation retrofits under (c) of this subsection, including the use of lifetime warranty solutions where appropriate, and develop a specific timeline to complete the work; and

(C) Mitigate aviation-related air quality impacts, including those that are presently science-based but may apply to known pollutants that fall outside of, or below, the current federal criteria pollutant thresholds otherwise applicable to aviation;

(e) Develop a community engagement plan to provide ongoing education and outreach to aviation-impacted communities regarding mitigation strategies and resources;

(f) Explore long-term funding options to mitigate aviation-related air quality impacts and aviation-related noise impacts on aviation-impacted communities including, without limitation, airport landing fees and funding from the accounts created in chapter 70A.65 RCW; and

(g) Review the request for proposals document in accordance with section 6 of this act.

(3) The department of commerce must post the mitigation plan, community engagement plan, and any other relevant work group updates or work products on its website.

Section 5

By December 1, 2027, based on the mitigation plan in section 4 of this act and after consulting with the work group established in section 4 of this act, the King county department of public health, in partnership with the Puget Sound clean air agency and the University of Washington department of environmental and occupational health sciences, must:

(1) Identify and implement priority one-year mitigation strategy pilot projects;

(2) Conduct measurements of aviation-related air quality impacts and aviation-related noise impacts before and after implementation of the priority mitigation strategy pilot projects;

(3) Assess the potential health benefits associated with the priority mitigation strategy pilot projects, including those related to resident perceptions, health care utilization, school absences, and other priorities identified by the work group established in section 4 of this act;

(4)(a) Evaluate the benefits, durability, and feasibility of each priority mitigation strategy pilot project to determine which approaches are most viable for broader use, target populations, and specific mitigation;

(b) The evaluation must consider the feasibility of implementation, usability for building owners and users, resident perceptions, impacts on the community, and scalability; and

(5) Submit findings to the work group created in section 4 of this act to determine which projects should be scaled up for broader implementation.

Section 6

(1) By December 1, 2028, the department of commerce, in consultation with the work group created in section 4 of this act, must develop an initial request for proposals document that solicits projects to mitigate aviation-related air quality impacts, aviation-related noise impacts, or both, in aviation-impacted communities.

(2) The request for proposals document must include, at a minimum:

(a) Successful pilot projects identified in section 5 of this act that are considered applicable for broader implementation;

(b) Criteria that will be used to evaluate project proposals and award grant funds; and

(c) Reporting requirements for grant recipients including, without limitation, a method for evaluating the extent to which implemented mitigation strategy projects achieved the intended outcomes.

(3) The work group must regularly review and update the request for proposals document based on updates to the mitigation plan in section 4 of this act and information from projects awarded grants under RCW 43.330.610.

Section 7

(1) A qualifying port district, acting through its commission, must expend funds, including from the port district equity fund authorized in RCW 53.20.090, in the district or general area to mitigate aviation-related air quality impacts and aviation-related noise impacts, including to remedy deficient noise mitigation retrofits, also known as port packages, in accordance with the mitigation plan and timeline developed by the work group created in section 4 of this act.

(2) A qualifying port district may participate in and expend funds for programs to identify, study, and make recommendations for remediation and mitigation of aviation-related air quality impacts and aviation-related noise impacts.

(3) A qualifying port district may contract with nonprofit corporations and private and public entities with expertise in relation to the purposes in this chapter.

Section 8

A new section is added to chapter 43.09 RCW to read as follows:

(1) By July 1, 2028, the state auditor must conduct a comprehensive evaluation of the Port of Seattle and federal aviation administration’s noise mitigation retrofits, also known as port packages, that were installed in aviation-impacted communities and deliver a report including, without limitation, a conclusion and recommendations on each of the following:

(a) The extent to which the Port of Seattle has evaluated whether the noise mitigation retrofits that were installed were successful;

(b) The amount of funds directed to the Port of Seattle for the purpose of installing noise mitigation retrofits and the amount of funds expended by the Port of Seattle and other entities to install noise mitigation retrofits;

(c) An estimate of the cost of replacing or repairing failed noise mitigation retrofits, and addressing additional harm and structural damage caused by improperly installed or functionally faulty retrofits;

(d) Additional steps the Port of Seattle, the legislature, municipalities, and others can take to adequately address deficient noise mitigation retrofits; and

(e) The extent to which homeowners are satisfied with the noise mitigation retrofits installed in their homes.

(2) If requested by the state auditor, the Port of Seattle must provide any records necessary to conduct the requirements of this section.

Section 9

RCW 43.330.610 and 2024 c 194 s 5 are each amended to read as follows:

(1)(a) The department shall administer a grant program to provide assistance to qualifying port districts for expenses related to noise mitigation pursuant to RCW 53.54.030(2) (c) and (d).

(b) The department shall prepare and publish an annual report on its website detailing grants made under this section. The report must include: (i) The number of inspectors or other professionals contracted; (ii) the number of inspections conducted; (iii) the number of properties provided with new or improved noise mitigation equipment subsequent to an inspection; (iv) the number of properties receiving funds to address hazards or damages proven by an inspection to be associated with the installation of noise mitigation equipment; and (v) the number of inspected properties where no repairs occurred and the reasons why.

(c) A qualifying port district receiving funds under this section may commit to matching, from port district funds not subject to federal airport revenue use requirements, at least half of the total funding provided by the legislature under RCW 53.20.090 for the purposes of noise mitigation under RCW 53.54.030(2) (c) and (d) each fiscal year.

(2)(a) The department must administer a grant program to assist qualifying organizations with expenses related to the implementation of mitigation strategies identified in the mitigation plan developed in section 4 of this act. When determining grant recipients under this subsection, the department must, at a minimum, utilize the request for proposals document developed in section 6 of this act.

(b) A qualifying organization may commit to matching funds provided by the legislature under RCW 53.20.090 for the purposes provided in (a) of this subsection.

(3) For the purposes of this section:

(a) “Aviation-impacted communities” has the same meaning as in section 2 of this act;

(b) “Aviation-related air quality impacts” has the same meaning as in section 2 of this act;

(c) “Aviation-related noise impacts” has the same meaning as in section 2 of this act;

(d) “Qualifying organization” means a community organization representing aviation-impacted communities, a municipality in which aviation-impacted communities are located, a qualifying port district, a local health jurisdiction serving aviation-impacted communities, an air pollution control authority overseeing air quality in aviation-impacted communities, or an institution of higher education conducting research on aviation-related air quality impacts or aviation-related noise impacts; and

(e) “Qualifying port district” means a port district authorized to undertake programs for the abatement of aircraft noise under RCW 53.54.010.

Section 10

RCW 53.20.090 and 2025 c 424 s 1911 are each amended to read as follows:

(1) The port district equity fund is created in the custody of the state treasurer. Moneys to the account may consist of appropriations by the legislature, contributions from county and local governments and port districts, and private contributions. Expenditures from the account may only be used to make grants to port districts or a qualifying organization under RCW 43.330.610. Only the director of the department of commerce or the director’s designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. For the purposes of this subsection, “qualifying organization” has the same meaning as in RCW 43.330.610.

(2) The department of commerce shall provide management services for the port district equity fund. The department shall establish procedures for fund management. The department shall develop the grant criteria, monitor the grant program, and select grant recipients.

(3) The department of commerce shall prepare and publish an annual report on its website detailing grants made under this section, the uses to which the grants have been put, and the benefits that have been realized.

Section 11

RCW 43.131.430 and 2024 c 194 s 9 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2030:

(1) RCW 43.330.610 and 2026 c . . . s 9 (section 9 of this act) & 2024 c 194 s 5; and

(2) RCW 53.20.090 and 2026 c . . . s 10 (section 10 of this act), 2025 c 424 s 1911, & 2024 c 194 s 6.

Section 12

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

Section 13

Sections 2 through 7 of this act constitute a new chapter in Title 53 RCW.

Source: Washington State Legislature SB 5652-S, Substitute Bill as of January 19, 2026