Environment/port districts

AN ACT Relating to reducing environmental and health disparities 1
and improving the health of Washington state residents in large port 2
districts; and adding a new chapter to Title 53 RCW.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The definitions in this section apply 5
throughout this chapter unless the context clearly requires 6
otherwise.7
(1) "Cumulative environmental health impact" has the same meaning 8
as in RCW 70A.02.010. 9
(2) "Environmental benefits" has the same meaning as in RCW 10
70A.02.010. 11
(3) "Environmental harm" has the same meaning as in RCW 12
70A.02.010. 13
(4) "Environmental impacts" has the same meaning as in RCW 14
70A.02.010. 15
(5) "Evidence-based" has the same meaning as in RCW 70A.02.010.16
(6) "Overburdened communities" has the same meaning as in RCW 17
70A.02.010. 18
(7) "Qualifying port district" means a port district authorized 19
to undertake programs for the abatement of aircraft noise under RCW 20
53.54.010. 21
S-0809.2
SENATE BILL 5652
State of Washington 69th Legislature 2025 Regular Session
By Senators Orwall, Hasegawa, Nobles, and Valdez
Read first time 02/04/25. Referred to Committee on Environment,
Energy & Technology.
p. 1 SB 5652
(8) "Significant port action" means any action involving a 1
capital improvement project, purchase, or construction of $8,000,000 2
or more in value or any action that increases the number of gates at 3
an airport. 4
(9) "Vulnerable populations" has the same meaning as in RCW 5
70A.02.010. 6
NEW SECTION. Sec. 2. (1) A qualifying port district must 7
include an environmental justice implementation plan within its 8
strategic plan. A qualifying port district may additionally 9
incorporate an environmental justice implementation plan into other 10
significant port planning documents. The plan must describe how the 11
qualifying port district plans to apply the principles of 12
environmental justice to port district activities and must guide the 13
qualifying port district in its implementation of its obligations 14
under this chapter.15
(2) In its environmental justice implementation plan, each 16
qualifying port district must include: 17
(a) Port district-specific goals and actions to reduce 18
environmental and health disparities and for otherwise achieving 19
environmental justice in port district programs; 20
(b) Metrics to track and measure accomplishments of the port 21
district's goals and actions; 22
(c) Methods to embed equitable community engagement with, and 23
equitable participation from, members of the public, into port 24
district practices for soliciting and receiving public comment;25
(d) Strategies to ensure compliance with existing federal and 26
state laws and policies relating to environmental justice, including 27
Title VI of the civil rights act of 1964, 42 U.S.C. Sec. 28
2000d-2000d-4; Title IX of the education amendments of 1972, 20 29
U.S.C. Sec. 1681-1683; section 504 of the rehabilitation act of 1973, 30
29 U.S.C. Sec. 794; and the age discrimination act of 1975, 42 U.S.C. 31
Sec. 6101-6107; 32
(e) The plan for community engagement required under section 3 of 33
this act; and 34
(f) Specific plans and timelines for incorporating environmental 35
justice considerations into the qualifying port district's activities 36
as required under this chapter. 37
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NEW SECTION. Sec. 3. (1) By January 1, 2026, a qualifying port 1
district must create and adopt a community engagement plan that 2
describes how it will engage with overburdened communities and 3
vulnerable populations as it evaluates new and existing activities 4
and programs. This plan must describe how the qualifying port 5
district plans to facilitate equitable participation and support 6
meaningful and direct involvement of vulnerable populations and 7
overburdened communities. The plan must include:8
(a) How the qualifying port district will identify and prioritize 9
overburdened communities for purposes of this chapter;10
(b) Best practices for outreach and communication to overcome 11
barriers to engagement with overburdened communities and vulnerable 12
populations; 13
(c) Use of special screening tools that integrate environmental, 14
demographic, and health disparities data to evaluate and understand 15
the nature and needs of the people who the qualifying port district 16
expects to be impacted by significant port actions and processes to 17
overcome barriers to participation; 18
(d) Processes that facilitate and support the inclusion of 19
members of communities affected by port district decision making 20
including, to the extent legal and practicable, but not limited to, 21
child care and reimbursement for travel and other expenses; and22
(e) Methods for outreach and communication with those who face 23
barriers, language or otherwise, to participation.24
(2) A qualifying port district must regularly review their 25
compliance with existing laws and policies that guide community 26
engagement and must comply with the following: 27
(a) Title VI of the civil rights act, prohibiting discrimination 28
based on race, color, or national origin and requiring meaningful 29
access for people with limited English proficiency, and disability;30
(b) Executive Order 05-03, requiring plain talk when 31
communicating with the public; and 32
(c) Guidance related to Executive Order 13166, requiring 33
meaningful access to port district programs and services for people 34
with limited English proficiency. 35
(3) In developing and updating its plan, a qualifying port 36
district must consider any guidance developed by the environmental 37
justice council pursuant to RCW 70A.02.110. 38
(4) A qualifying port district may coordinate with the office of 39
equity to identify policy and system barriers to meaningful 40
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engagement with communities as conducted by the office under RCW 1
43.06D.040(1)(b). 2
NEW SECTION. Sec. 4. (1) When considering a significant port 3
action initiated after January 1, 2026, a qualifying port district 4
must comply with the requirements of this section prior to approving 5
the action.6
(2) To comply with this section, a qualifying port district must:7
(a) Obtain an assessment from the University of Washington's 8
department of environmental and occupational health sciences, in 9
collaboration with the county department of health for the county in 10
which a qualifying port district is located on the likely adverse 11
cumulative impacts of the proposed action on overburdened communities 12
and vulnerable populations that will be affected by the action, 13
together with recommendations on ways to mitigate or minimize the 14
likely cumulative impacts of the proposed action. This assessment 15
must incorporate existing published research, data, and reports from 16
the University of Washington's department of environmental and 17
occupational health sciences and the Washington state department of 18
health, ensuring alignment with established methodologies for 19
evaluating cumulative environmental health impacts;20
(b) Develop and publicly share an action plan that implements 21
recommendations to mitigate or minimize the likely adverse impacts 22
or, if the port district determines it does not have the ability or 23
authority to avoid or reduce any likely adverse impacts, including 24
public health impacts, of the action on overburdened communities and 25
vulnerable populations, the action plan must include a clear and 26
detailed explanation of these constraints, along with proposed 27
alternative measures or partnerships to address the impacts to the 28
greatest extent possible; and 29
(c) Consult with overburdened communities and vulnerable 30
populations about the proposed action, ensuring that their 31
perspectives and priorities are reflected in the assessment and 32
mitigation strategies. The county department of health shall lead 33
this consultation process, including by publicly providing the 34
results of the assessment, conducting outreach within the communities 35
or populations to raise awareness of the proposed action, and holding 36
at least one public meeting at a location easily accessible to the 37
communities and populations. 38
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(3) Based on the assessment, a qualifying port district must 1
seek, to the extent legal and feasible, to reduce or eliminate the 2
environmental harms and maximize the environmental benefits created 3
by the significant port action on overburdened communities and 4
vulnerable populations. Consistent with the qualifying port 5
district's mission and statutory responsibilities, the port district 6
must consider each of the following methods for reducing 7
environmental harms or equitably distributing environmental benefits:8
(a) Eliminating the disparate impact of environmental harms on 9
overburdened communities and vulnerable populations;10
(b) Reducing cumulative environmental health impacts on 11
overburdened communities or vulnerable populations;12
(c) Preventing the action from adding to the cumulative 13
environmental health impacts on overburdened communities or 14
vulnerable populations; 15
(d) Providing equitable participation and meaningful engagement 16
of vulnerable populations and overburdened communities in the 17
development of the significant port action; 18
(e) Prioritizing equitable distribution of resources and benefits 19
to overburdened communities; 20
(f) Promoting positive workforce and job outcomes for 21
overburdened communities; 22
(g) Meeting community needs identified by the affected 23
overburdened community; 24
(h) Modifying substantive regulatory or policy requirements; and25
(i) Any other mitigation techniques, including those suggested by 26
the environmental justice council, the office of equity, or 27
representatives of overburdened communities and vulnerable 28
populations. 29
(4) The University of Washington's department of environmental 30
and occupational health sciences shall periodically review and 31
evaluate the effectiveness of mitigation strategies and provide 32
transparent public reports detailing the outcomes, costs, and 33
benefits of the actions implemented. 34
(5) Nothing in this section creates a right of action against a 35
qualifying port district or a right of review of an action taken by a 36
qualifying port district. 37
NEW SECTION. Sec. 5. (1) A qualifying port district, acting 38
through its commission, has power to expend moneys in the district or 39
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general area to mitigate environmental impacts and cumulative 1
environmental health impacts that arise from a port district's 2
exercise of its granted powers. A qualifying port district may expend 3
funds for remediation and mitigation, and may participate in and 4
expend funds for programs to identify, study, and make 5
recommendations for remediation and mitigation of environmental 6
impacts and cumulative environmental health impacts that result or 7
are expected to result from the port district's use of the authority 8
granted herein. In addition, a qualifying port district may contract 9
with nonprofit corporations and private and public entities that 10
provide expertise in relation to these purposes. 11
(2) A qualifying port district may expend funds, including from 12
the fund authorized in RCW 53.54.040, to mitigate environmental harm 13
and to remedy the effects of current and past disparate treatment of 14
overburdened communities and vulnerable populations.15
NEW SECTION. Sec. 6. Sections 1 through 5 of this act 16
constitute a new chapter in Title 53 RCW.17
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