Introducing the CURB Act V2.0
The first meeting of the State House Environment Committee introduced HB1303 (bill, analysis), also known as ‘the CURB act’. This is a follow-up to 2024’s HEAL Act, which added the concept of Environmental Justice Communities into State Law. HB1303 takes this from the conceptual phase into something practical. HB1303 will require an additional layer of permit review for large air polluters focusing on the cumulative impacts for Environmental Justice Communities – including the entire area under our flight path.
Why this matters
The Sustainable Airport Master Plan currently has no provision for cumulative environmental impacts or environmental impacts outside the construction area. This seems unbelievable but it is true. That is why the SAMP Draft EA offers zero mitigation to our communities.
HB1303 is a first step to plug that massive loophole. Due to the SAMP, passage this year is our highest priority. Because of the way WA State land use law works, once a project is built, it is nearly impossible to retroactively obtain relief for a bad permitting process. For example, at Sea-Tac Airport, the International Arrivals Facility, which was always intended to be included in the SAMP, was permitted in 2015 and then opened before the SAMP Draft EA. There is no ‘do over’. Even though it added capacity for hundreds of flights to and from Sea-Tac daily – most in the evening and night – we may not be able to obtain relief for those added impacts under current law. If it’s not in the SAMP? It does not count.
Passing HB1303 this year will provide us an essential tool in obtaining relief under the remaining 31 projects of the SAMP; something that will be extremely difficult under SEPA.
The hearing
The bill was introduced by its sponsor, Rep. Sharlett Mena of Tacoma. We think her presentation and the extensive list of questions from committee members across the spectrum describes the bill very well.
As with last year, the comments featured community members on one side, and developers, port districts, and local governments on the other. Many of the objections are the tired arguments about ‘economic benefits’ as a substitute for public health. There is no amount of money that can substitute for public health. Besides, as we’ve learned to our great cost, the economic benefits of the airport for all near airport communities (with the notable exception of SeaTac) are a complete lie.
The objections of local governments are understandable. They are almost always overworked and understaffed so their reflex will always be to push back. It is an uncomfortable fact that almost every common sense environmental regulation we now take for granted has always been opposed by local governments. Just as seat belts were opposed by auto companies.
It is also notable that the Dept. of Ecology spoke against the bill on similar grounds. We have to also take their comments with a grain of salt because Ecology fought strenuously in support of the Third Runway and against all community attempts to properly mitigate its impacts. That bears repeating: we have always had to fight against State agencies because they too are subject to any number of political pressures.
Always ask the land use expert
The one comment we hope you will focus on was from UW Environmental Law Professor Todd Wildermuth, who spoke in support of the bill. As we often say, environmentalism is about land use. And land use attorneys get it.
Good morning. My name is JC Harris from Des Moines.
I represent Sea-Tac Noise.info, a group of over 1,400 near-airport residents. And we support HB 1303.
Sea-Tac Airport is currently undergoing the largest expansion in its history, somewhat ironically referred to as the Sustainable Airport Master Plan. The SAMP will increase flight operations by a third in the near term and more in the long.
A third more flights creates exactly the environmental impacts you’d guess: a third more noise and a third more pollution. Unfortunately, people do not see the airport for what it is – the second largest air polluter in the state of Washington. You can prove that for yourself by noting we are 10 out of 10 as an EJ Community.
How can that be with such lovely buildings of glass and steel that take you to exotic places? But from the point of view of the environment? The airport is just another factory.
Current permitting only considers the actual construction area. It affords no consideration for the surrounding areas or the long term community impacts. We’ve been punished by every increase in flights.
HB 1303 is a common sense first step to addressing this enormous gap in permitting, and acknowledging the reason why we’re EJ communities in the first place. Hopefully, this will allow us to finally be able to take a meaningful step forward – and obtain a modicum of the justice currently denied in state land use.
Thank you.