Greetings,
As always, this is behind schedule. However, in addition to the the usual procrastination, things change all the time.
Sorry, but for newcomers we always start with some background. If you’ve heard all this, just skip down…
- Your original Port Package was almost certainly financed through FAA funding called the Airport Improvement Program (AIP). AIP grants are a primary source of funding for all major airports. They are used to fund everything from runways to snack machines. And one of the approved uses is for new sound insulation systems (which we call Port Packages.)
- The vast majority of people eligible for Port Packages obtained their system as part of an agreement before the construction of the Third Runway. The Port completed 9,500-ish, but about 2,000 units were never done.
- As you know we grade each home we visit (1-10) in terms of severity. I half-jokingly call this ‘worthiness’ but it’s based on several factors, including but not limited to:
- Poor installation
- Damage to the home outside the products
- Problems with the installed products (doors, windows, etc.)
- Visible mold, condensation, ‘foggy windows’, air flow
- Issues where the installation does not match the indicated design or invoices
- Despite that, for the past few years we’ve actually been pushing the Port to adopt a lottery based system (ie. first-come-first-serve) rather than ‘worthiness’.
- And that is primarily because of those AIP program rules:
- Every address gets one payment for a new system. No updates.
- The grant applicant (ie. the Port) agrees to provide a rigorous inspection system for each system installed.
- And if there is a problem with the work, it is entirely the responsibility of the grant applicant (again, the Port.)
The reason the FAA never allowed for a ‘second chance’ was because, frankly, a well-installed system of windows, doors, insulation, etc. should last a long time. (It used to be common-place for window makers to offer life-time guarantees.)
Per their rules, the FAA grant system assumed that both the Port and the Cities were inspecting their work. The FAA felt (and we had to agree, by the way) that it was unfair to ask American taxpayers writ large to underwrite a ‘second chance’ program for a failure at the local level.
But when you signed your Avigation Easement, you agreed to hold the Port harmless. The fact that the homeowner had no real choice in the matter was never factored into the equation.
So, the moment you start talking about the severity of the issues, things get legal. You’re then talking about “who is responsible?” And that completely shuts down the conversation. Having a lottery takes that pressure off the table. It made it possible to talk with the Port about providing a certain number of updates every year, without having to decide who is more ‘worthy’ and opening the door to ‘blame’.
But at the same time, the Port obviously wants someone else to pay for such a program. And they argued that the FAA has far more money to spread around–an argument which Congress has, until now, found unfair.
It’s always been a discussion on multiple levels–local and Federal.
Quick overview for Spring 2023
But some things have changed. It’s good news and bad news. So…. let’s start with the bad news.
The Bad News…
For Port Package Updates, there may be no relief this year.
The Good News…
The good news is that Congressman Adam Smith has put forward the 2023-Sound-Insulation-Treatment-Repair-and-Replacement-Program-Act . If it passes, that will provide Federal money. And that could be a ‘game changer’.
In one sentence, the law would give the Port of Seattle permission every year to request money from AIP for a certain number of Port Package Updates.
As written, it is (almost) word for word what we think is the right path. And If this bill were to pass by the end of this year, in theory, the Port of Seattle could start providing updates as early as next year.
Here is a Fact-Sheet
Now about those ifs.…
We want to maintain a positive mental attitude here, but not create unrealistic expectations. However, there are several big ‘if’s…
If the bill passes.
To be frank, for a long time we have not been exactly, perfectly, 100%, thrilled by our State and Federal legislators. 😀 It has taken a lot of work to get any political will behind this sort of thing. This was doubly frustrating because your current Washington delegation is, at both the Federal and State levels, at the top of the heap in terms of seniority. If the enthusiasm is now genuine and not merely symbolic, we have a real shot. I’m just venting here a bit, again, to keep your expectations grounded. There’s a big difference between saying one is in favour of something and actually being able to get it passed.
If the bill passes.
The Port of Seattle Commissioners also have an important role to play. Every year, the Port asks the FAA for those AIP grants. This legislation in no way obliges the Port to ask for Port Package Updates, it only gives them the permission. So even with that green light, in any given year, the Port could choose to only apply for grants for a new terminal or new baggage handling equipment (or whatever), and do nothing about Port Package Updates.
That said, in 2019, the Port Commission supported the State bill we helped create, have added staff to (finally) complete all the Port Packages that never got done in the first place, and they are on record as supporting. But again, saying you support something is one thing…
I am not worthy!
There is another potential downside to this legislation precisely because it brings ‘worthiness’ back to the table.
This legislation again requires the Port to inspect each system for ‘worthiness’, which should be good for us, since we’ve already pre-vetted all of you. But it also means…
Yet another study…
The combination of limited funds and ‘worthiness’ means that the Port will surely want to do a (cough) ‘study’ to assess the scope of the issue and then figure out a plan of action. (Who gets what, when.) And this is where we…. lose our minds. 😀
Kidding. This is the Catch-22 we’ve been hammering away at for a long time. Waiting to do a study until there was FAA funding, only added more delay. And, adding insult to injury, the Port’s Noise Program people kept recommending that such a study should wait for a particular kind of study, called a Part 150–an FAA re-evaluation of the entire ‘noise boundary’ of the airport, which only occurs every ten years, and which can take up to five years.
Delay, delay, delay.
In other words, all along the Port could have chosen to take our work, create a program that balances ‘worthiness’ and a reasonable number of systems they could afford every year, and even if they wanted to wait for FAA money, still be ready to go the moment the funding was available. But at every turn of the road, they’ve slow-rolled.
Buy now, pay later…
But to end on an upbeat note, one good thing is that the Port is now paying for new Port Packages (or rather finally doing all those Port Packages that never got done many years ago) out of their own pocket, with the assurance that the FAA will reimburse them later. This is a big change. In the past, the Port would not do any sound insulation systems without receiving the funds first. This means they will be able to do exactly the same for Port Package Updates.
So in sum, we’re optimistic. But always cautious.
What you can do now…
I know this is a lot. So please read, re-read and contact us with any specific questions you may have.
To be blunt, we’ve been slow-rolled before. There is a very real chance that such a law might pass, every elected takes a victory lap, and then nothing happens for a few more years. So…
It is (finally) getting to the time where your help will be essential. We will need you to…
- Volunteer to testify for Federal legislators. Yes, we have your pictures and documents, but having people willing to speak on camera will really help.
- Volunteer to testify to the Port Commission. We need them to commit to a system now, so that when the law passes, they can start hiring contractors immediately, instead of going through years of studies and grant writing. This is critical. because remember: this change in law only gives the Port the option to act. It does not require them to do so.
If you are willing to do these things, please let us know and we’ll give you some next steps.
As always, thanks for hanging in there.
—JC
PS… Some important housekeeping for this list:
- If you have moved, please let us know so we can contact the current owner.
- If your circumstances have changed (contact information, issues in your home), please contact us with that as well.
- If you no longer wish to be on our Port Package Updates mailing list, just reply to this message with ‘UNSUBSCRIBE’.
- Finally, if you’re following along, have not received a site visit, but would like to do so now? You may be on our mailing list, but you’re not “on the list” until you do that–if you take my meaning. 😀 Please fill out the form.