SB 5955 — Mitigating harm and improving equity in large port districts.

and (f) The provision of indoor community greenhouses within an impacted area.

(3)(a) In order for an individual property to qualify for an individual benefit under a remedial mitigation program, the property must:

(i) Be determined by an inspection to have been provided mitigation equipment that failed;

p.

3 SB 5955 (ii) Be within 10 miles of an airport and subject to levels of aircraft noise of a day-night average sound level of 55 decibels or more, regardless of whether the property was previously provided benefits under a program authorized in RCW 53.54.030;

or (iii) Be within both five miles of the end of a runway used for jet landings at the airport and within a two-mile radius of the landing path used by jets, regardless of whether the property was previously provided benefits under a program authorized in RCW 53.54.030.

(b) Properties may also be provided benefits under a remedial mitigation program in order to realize community benefits within an impacted area.

(c) A port district may not require the provision of an unconditional right of easement for the operation of aircraft and for noise or noise conditions associated with aircraft as a condition of an individual property receiving an individual benefit under a remedial mitigation program.

(4) When administering remedial mitigation programs, port districts must prioritize remedial mitigation programs so that benefits are received:

(a) First, by properties that have failed mitigation equipment;

(b) Second, for sound mitigation equipment by properties qualifying under subsection (3)(a)(ii) of this section and for air quality mitigation equipment by properties qualifying under subsection (3)(a)(iii) of this subsection;

and (c) Third, for other qualifying properties.

(5)(a) Any port district subject to the requirements of this section must enter into an interlocal agreement under chapter 39.34 RCW with the county in which the port is located for the provision of a qualified building inspector or inspectors to conduct the inspections required under this section.

The port district must contract with the county for sufficient inspectors to carry out the necessary inspections required under this section in a timely manner.

(b) If the port district cannot enter into an interlocal agreement with the county as required by this section, it must contract with sufficient independent qualified building inspectors to conduct the required inspections.

A port district that is not utilizing county building inspectors must produce and make publicly available a report by February 1st of each year detailing the aggregate results of the inspections conducted during the prior p.

4 SB 5955 calendar year and detailing the steps taken by the port district to ensure that the inspector or inspectors are conducting accurate and impartial inspections.

(c) Inspections required under this section must be provided at no cost upon request of the owner of a residential or educational facility that qualifies under subsection (3)(a) of this section, except as provided in (d) of this subsection.

(d) No inspection under this section may be provided more than once every five years to an individual property inspected by a building inspector provided by the county under an interlocal agreement with the port district or more than once a year by a building inspector contracted with by the port district, unless, following an inspection conducted under this section, the inspector recommends an inspection occur at a shorter interval.

(6) A port district subject to the requirements of this section shall prepare a pamphlet or other document detailing government assistance programs available to assist property owners with maintenance, repairs, energy assistance, or updating electrical systems within an impacted area.

If, during an inspection conducted under this section, a building inspector finds structural or other deficiencies on a property that are unrelated to failed mitigation equipment, the inspector shall provide the property owner with the information prepared by the port district.

(7) Beginning February 1, 2026, and every year thereafter, port districts subject to the requirements of this section must produce a publicly available report detailing the funds used on remedial mitigation programs under this section.

The report must indicate the funds required to be used on remedial mitigation programs under section 2 of this act, and funds made available to the port district under sections 8 and 10 of this act.

The report must explain how the funds were used and the benefits that were provided.

(8) For the purposes of this section:

(a) "Airport" means an airport serving more than 900 scheduled jet aircraft flights per day.

(b) "Educational facilities" means any structure used by children as part of a public or private day care, kindergarten, elementary, or secondary school.

(c) "Failed mitigation equipment" means any soundproofing installation, structure, or other type of sound mitigation equipment product or benefit provided under a program authorized in RCW p.

5 SB 5955 53.54.030 that is functioning at a level that is measurably inferior to the level at which it was intended to function or that has caused, through improper installation or other means, mold within the property.

(d) "Impacted area" has the same meaning as in RCW 53.54.020.

(e) "Recreational facilities" means any senior center as defined in RCW 18.29.056, or any facility used for recreation primarily by those under the age of 21.

(f) "Residential facilities" means any residential dwelling unit, including dwelling units in a multiunit dwelling.

Sec.

4.

RCW 53.54.010 and 2020 c 105 s 1 are each amended to read as follows:

A port district operating an airport serving more than ((nine hundred)) 900 scheduled jet aircraft flights per day may undertake any of the programs or combinations of such programs, as authorized by this chapter, and must undertake remedial mitigation programs as provided in section 3 of this act, for the purpose of alleviating and abating the impact of jet aircraft noise and other adverse impacts on areas surrounding such airport.

Sec.

5.

(2) ((Such areas as determined in this section,)) Areas within which a port district may undertake a program authorized in this chapter shall be known as "impacted areas." p.

26 SSBSB 5955 (2) ((Such areas as determined in this section,)) Areas within which a port district may undertake a program authorized in this chapter shall be known as "impacted areas." Sec.

3.6.

RCW 53.54.030 and 2021 c 65 s 3 are each amended to read as follows:

(1) For the purposes of this chapter, in developing a remedial program, the port commission may take steps as appropriate including, but not limited to, one or more of the following programs:

(a) Acquisition of property or property rights within the impacted area, which shall be deemed necessary to accomplish a port purpose.

The port district may purchase such property or property rights by time payment notwithstanding the time limitations provided for in RCW 53.08.010.

The port district may mortgage or otherwise pledge any such properties acquired to secure such transactions.

The port district may assume any outstanding mortgages.

(b) Transaction assistance programs, including assistance with real estate fees and mortgage assistance, and other neighborhood remedial programs as compensation for impacts due to aircraft noise and noise associated conditions.

Any such programs shall be in connection with properties located within an impacted area and shall be provided upon terms and conditions as the port district shall determine appropriate.

(c) Programs of soundproofing structures located within an impacted area.

Such programs may be executed without regard to the ownership, provided the owner waives damages and conveys an easement for the operation of aircraft, and for noise and noise associated conditions therewith, to the port district.

(d) Mortgage insurance of private owners of lands or improvements within such noise impacted area where such private owners are unable to obtain mortgage insurance solely because of noise impact.

In this regard, the port district may establish reasonable regulations and may impose reasonable conditions and charges upon the granting of such mortgage insurance.

Such mortgage insurance fees and charges shall at no time exceed fees established for federal mortgage insurance programs for like service.

(e) Management of all lands, easements, or development rights acquired, including but not limited to the following:

(i) Rental of any or all lands or structures acquired;

(ii) Redevelopment of any such lands for any economic use consistent with airport operations, local zoning and the state environmental policy;

(iii) Sale of such properties for cash or for time payment and subjection of such property to mortgage or other security p.

3 SSB 5955 transaction:

PROVIDED, That any such sale shall reserve to the port district by covenant an unconditional right of easement for the operation of all aircraft and for all noise or noise conditions associated therewith.

(2)(a) An individual property may be provided benefits by the port district under each of the programs described in subsection (1) of this section.

However, an individual property may not be provided benefits under any one of these programs more than once, unless the property:

(i) Is subjected to increased aircraft noise or differing aircraft noise impacts that would have afforded different levels of mitigation, even if the property owner had waived all damages and conveyed a full and unrestricted easement;

or (ii) Contains a soundproofing installation, structure, or other type of sound mitigation equipment product or benefit previously installed pursuant to the remedial program under this chapter by the port district that is determined through inspection to be in need of a repair or replacement.

(b) Port districts choosing to exercise the authority under (a)(ii) of this subsection are required to conduct inspections of homes where mitigation improvements are no longer working as intended.

In those properties, port districts ((must work with a)) may enter into an interlocal agreement under chapter 39.34 RCW with the county in which the port is located for the provision of state certified building inspectors to determine whether package failure resulted in additional hazards or structural damage to the property.

Any expense incurred by the county for the provision of a qualified building inspector under this subsection (2)(b) must be reimbursed by the port district.

A port district may use funds from the grant program created under section 5 of this act to reimburse the county for expenses incurred for the provision of a qualified building inspector.

(c) Port districts choosing to exercise their authority under (b) of this subsection may apply to the grant program created under section 5 of this act for resources to facilitate the assessment and inspection of noise mitigation equipment that is no longer working as intended, or is reported to have caused additional hazards or structural damage to the property.

(d) If a certified building inspector contracted pursuant to (c) of this subsection identifies that a property's noise mitigation p.

4 SSB 5955 equipment is no longer working as intended, then the associated port district must apply to the grant program created under section 5 of this act for resources to repair or replace existing noise mitigation equipment.

If an inspector confirms that installation of noise mitigation equipment resulted in additional hazards or structural damage to the property, then a port district must apply to the grant program under section 5 of this act for resources to address those hazards or damages.

(3) A property shall be considered within the impacted area if any part thereof is within the impacted area.

Sec.

4.

the proceeds of any grants or loans made by the department of commerce pursuant to section 510 of this act;

rentals, charges,charges and other revenues as may be generated by programs authorized by this chapter, airport revenues;

and((and)) revenue bonds based upon such revenues.revenues;

and tax levy revenue required by RCW 53.36.020 to be utilized for remedial mitigation programs under section 3 of this act.

5.7.

A new section is added to chapter 53.36 RCW to read as follows:

(1) When considering a significant port action initiated after July 1, 2025, a qualifying port district must comply with the requirements of this section prior to approving the action.

(2) To comply with this section, a port district must:

(a) Conduct an assessment on the likely adverse cumulative impacts of the proposed action on overburdened communities and vulnerable populations that will be affected by the action;

(b) Provide a written explanation of actions the port district is taking to minimize the likely adverse impacts, or, if the port district determines it does not have the ability or authority to avoid or reduce any likely adverse impacts, including public health impacts, of the action on overburdened communities and vulnerable populations, provide a clear explanation of why it has made that determination;

and p.

7 SB 5955 (c) Consult with overburdened communities and vulnerable populations about the proposed action, including by publicly providing the results of the assessment, conducting outreach within the communities or populations to raise awareness of the proposed action, and holding at least one public meeting at a location easily accessible to the communities and populations.

(3) Nothing in this section creates a right of action against a port district or a right of review of an action taken by a port district.

(4) For the purposes of this section:

(a) "Overburdened communities" has the same meaning as in RCW 70A.65.010.

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

(c) "Significant port action" means any action involving a capital improvement project, purchase, or construction of $12,000,000 or more in value.

(d) "Vulnerable populations" has the same meaning as in RCW 70A.02.010.

NEW SECTION.

Sec.

8.

(1) Subject to the availability of amounts appropriated for this specific purpose, the department of commerce shall administer a grant program to provide assistance to qualifying port districts for expenseshiring relatedor tocontracting noisewith mitigationa pursuantbuilding inspector or inspectors, or for entering into an interlocal agreement with the county in which the port district is located for the provision of a building inspector or inspectors, as necessary to RCWconduct 53.54.030(2)inspections (c)required andunder (d).section 3 of this act.

(a) The number of inspectors hired or contracted;contracted with, including inspectors provided under an interlocal agreement with a county, because of the grants;

(b) the number of inspections conducted;conducted by the inspectors;

and (c) the p.number of remedial mitigation packages provided under section 3 of this act subsequent to an inspection.

5p. SSB 5955 number of properties provided with new or improved noise mitigation equipment subsequent to an inspection;

(d)8 theSB number5955 of(3) propertiesFor receivingthe fundspurposes toof addressthis hazardssection, or"qualifying damagesport provendistrict" bymeans ana inspectorport district authorized to beundertake associatedprograms withfor the installationabatement of aircraft noise mitigationunder equipment;RCW 53.54.010.

andSec. (e) the number of inspected properties where no repairs occurred and the reasons why.

(3)9. A qualifying port district receiving funds under this section may commit to matching, from port district funds, at least half of the total funding provided by the legislature under section 6 of this act for the purposes of noise mitigation under RCW 53.54.030(2) (c) and (d) each fiscal year.

(4)RCW For70A.65.260 theand purposes2023 ofc this475 section,s "qualifying939 portare district"each meansamended a port district authorized to undertakeread programsas forfollows: the abatement of aircraft noise under RCW 53.54.010.

(1) The climate commitment account is created in the state treasury.

The account must receive moneys distributed to the account from the climate investment account created in RCW 70A.65.250.

Moneys in the account may be spent only after appropriation.

Projects, activities, and programs eligible for funding from the account must be physically located in Washington state and include, but are not limited to, the following:

(a) Implementing the working families' tax credit in RCW 82.08.0206;

(b) Supplementing the growth management planning and environmental review fund established in RCW 36.70A.490 for the purpose of making grants or loans to local governments for the purposes set forth in RCW 43.21C.240, 43.21C.031, 36.70A.500, and 36.70A.600, for costs associated with RCW 36.70A.610, and to cover costs associated with the adoption of optional elements of comprehensive plans consistent with RCW 43.21C.420;

(c) Programs, activities, or projects that reduce and mitigate impacts from greenhouse gases and copollutants in overburdened communities, including strengthening the air quality monitoring network to measure, track, and better understand air pollution levels and trends and to inform the analysis, monitoring, and pollution reduction measures required in RCW 70A.65.020;

(d) Programs, activities, or projects that deploy renewable energy resources, such as solar and wind power, and projects to deploy distributed generation, energy storage, demand-side technologies and strategies, and other grid modernization projects;

(e) Programs, activities, or projects that increase the energy efficiency or reduce greenhouse gas emissions of industrial facilities including, but not limited to, proposals to implement combined heat and power, district energy, or on-site renewables, such as solar and wind power, to upgrade the energy efficiency of existing equipment, to reduce process emissions, and to switch to less emissions intensive fuel sources;

p.

9 SB 5955 (f) Programs, activities, or projects that achieve energy efficiency or emissions reductions in the agricultural sector including:

(i) Fertilizer management;

(ii) Soil management;

(iii) Bioenergy;

(iv) Biofuels;

(v) Grants, rebates, and other financial incentives for agricultural harvesting equipment, heavy duty trucks, agricultural pump engines, tractors, and other equipment used in agricultural operations;

(vi) Grants, loans, or any financial incentives to food processors to implement projects that reduce greenhouse gas emissions;

(vii) Renewable energy projects;

(viii) Farmworker housing weatherization programs;

(ix) Dairy digester research and development;

(x) Alternative manure management;

and (xi) Eligible fund uses under RCW 89.08.615;

(g) Programs, activities, or projects that increase energy efficiency in new and existing buildings, or that promote low carbon architecture, including use of newly emerging alternative building materials that result in a lower carbon footprint in the built environment over the life cycle of the building and component building materials;

(h) Programs, activities, or projects that promote the electrification and decarbonization of new and existing buildings, including residential, commercial, and industrial buildings;

(i) Programs, activities, or projects that improve energy efficiency, including district energy, and investments in market transformation of high efficiency electric appliances and equipment for space and water heating;

(j) Clean energy transition and assistance programs, activities, or projects that assist affected workers or people with lower incomes during the transition to a clean energy economy, or grow and expand clean manufacturing capacity in communities across Washington state including, but not limited to:

(i) Programs, activities, or projects that directly improve energy affordability and reduce the energy burden of people with lower incomes, as well as the higher transportation fuel burden of p.

10 SB 5955 rural residents, such as bill assistance, energy efficiency, and weatherization programs;

(ii) Community renewable energy projects that allow qualifying participants to own or receive the benefits of those projects at reduced or no cost;

(iii) Programs, activities, or other worker-support projects for bargaining unit and nonsupervisory fossil fuel workers who are affected by the transition away from fossil fuels to a clean energy economy.

Worker support may include, but is not limited to:

(A) Full wage replacement, health benefits, and pension contributions for every worker within five years of retirement;

(B) full wage replacement, health benefits, and pension contributions for every worker with at least one year of service for each year of service up to five years of service;

(C) wage insurance for up to five years for workers reemployed who have more than five years of service;

(D) up to two years of retraining costs, including tuition and related costs, based on in-state community and technical college costs;

(E) peer counseling services during transition;

(F) employment placement services, prioritizing employment in the clean energy sector;

and (G) relocation expenses;

(iv) Direct investment in workforce development, via technical education, community college, institutions of higher education, apprenticeships, and other programs including, but not limited to:

(A) Initiatives to develop a forest health workforce established under RCW 76.04.521;

and (B) Initiatives to develop new education programs, emerging fields, or jobs pertaining to the clean energy economy;

(v) Transportation, municipal service delivery, and technology investments that increase a community's capacity for clean manufacturing, with an emphasis on communities in greatest need of job creation and economic development and potential for commute reduction;

(k) Programs, activities, or projects that reduce emissions from landfills and waste-to-energy facilities through diversion of organic materials, methane capture or conversion strategies, installation of gas collection devices and gas control systems, monitoring and reporting of methane emissions, or other means, prioritizing funding needed for any activities by local governments to comply with chapter 70A.540 RCW;

p.

11 SB 5955 (l) Carbon dioxide removal projects, programs, and activities;

((and)) (m) Activities to support efforts to mitigate and adapt to the effects of climate change affecting Indian tribes, including capital investments in support of the relocation of Indian tribes located in areas at heightened risk due to anticipated sea level rise, flooding, or other disturbances caused by climate change.

The legislature intends to dedicate at least $50,000,000 per biennium from the account for purposes of this subsection ;

and (n) Supplementing the port district environmental equity fund established in section 10 of this act for the purpose of making grants or loans to port districts to undertake remedial mitigation programs under section 3 of this act or to comply with requirements related to consultation with overburdened communities and vulnerable populations prior to undertaking significant port actions under section 7 of this act.

(2) Moneys in the account may not be used for projects or activities that would violate tribal treaty rights or result in significant long-term damage to critical habitat or ecological functions.

Investments from this account must result in long-term environmental benefits and increased resilience to the impacts of climate change.

(3) During the 2023-2025 fiscal biennium, the legislature may appropriate moneys from the climate commitment account for activities related to environmental justice, including implementation of chapter 314, Laws of 2021.

6.10.

(1) The port district environmental equity fund is created in the state treasury.

Receipts from the retail sales tax imposed on eligible projects must be deposited into the account, as provided in subsection (4) of this section.

Moneys in the fund shall be used to make loans or grants to port districts to supplementundertake noiseremedial mitigation programmingprograms pursuantunder section 3 of this act or to RCWcomply 53.54.030(2)with (c)requirements andrelated (d).to significant port actions under section 7 of this act.

(2)Any Thepayment department of commerceeither shallprincipal provideor managementinterest, servicesor forboth, thederived portfrom districtloans equitymade from this fund must be deposited into the fund.

(2)(a) The department of commerce shall provide management services for the port district environmental equity fund.

The departmentp. shall develop the grant criteria, monitor the grant program, and select grant recipients.

(3)12 TheSB 5955 department of commerce shall preparedevelop andthe publishgrant anor annualloan reportcriteria, onmonitor its website detailing grants made under this section, the usesgrant toor whichloan theprogram, grants have been put, and theselect benefitsgrant thator haveloan beenrecipients. realized.

(4)(a)(b) BeginningA Februarygrant 15,or 2025,loan andmay eachbe Februaryawarded 15thto thereafter,port thedistricts departmentto ofundertake revenue,remedial inmitigation consultationprograms withunder thesection department3 of commerce,this mustact notifyor theto economiccomply andwith revenuerequirements forecastrelated councilto ofsignificant theport totalactions amount received under RCWsection 82.08.0207 andof 82.14.525this fromact. eligible projects during the prior calendar year.

(b)In Beginningorder into fiscalqualify yearfor 2026,a andgrant eachor fiscalloan, yeara thereafter,port thedistrict legislature must appropriatedemonstrate fromthat the generalaction fundor actions it proposes to p.take is likely to measurably improve the effectiveness of mitigation measures taken under section 3 of this act or the communication and consultation with overburdened communities and vulnerable populations required under section 7 of this act.

6(3) SSBThe 5955department of commerce shall prepare and publish an annual report on its website detailing grants and loans made under this accountsection, the amountuses receivedto underwhich RCWthe 82.08.020grants and 82.14.525loans fromhave eligiblebeen projectsput, upand tothe $10,000,000benefits eachthat fiscalhave year.been realized.

(c) For the purposes of this subsection, "eligible projects" means any capital construction project at a commercial service airport operating a noise mitigation program under RCW 53.54.030.

NEW SECTION.

Sec.

7.

The sum of $10,000,000, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2025, from the general fund to the port district equity fund for the purposes of this act.

713 SSBSB 5955