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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Cumulative environmental health impact" has the same meaning as in RCW 70A.02.010.
"Environmental benefits" has the same meaning as in RCW 70A.02.010.
"Environmental harm" has the same meaning as in RCW 70A.02.010.
"Environmental impacts" has the same meaning as in RCW 70A.02.010.
"Evidence-based" has the same meaning as in RCW 70A.02.010.
"Overburdened communities" has the same meaning as in RCW 70A.02.010.
"Qualifying port district" means a port district authorized to undertake programs for the abatement of aircraft noise under RCW 53.54.010.
"Significant port action" means any action involving a capital improvement project, purchase, or construction of $8,000,000 or more in value or any action that increases the number of gates at an airport.
"Vulnerable populations" has the same meaning as in RCW 70A.02.010.
A qualifying port district must include an environmental justice implementation plan within its strategic plan. A qualifying port district may additionally incorporate an environmental justice implementation plan into other significant port planning documents. The plan must describe how the qualifying port district plans to apply the principles of environmental justice to port district activities and must guide the qualifying port district in its implementation of its obligations under this chapter.
In its environmental justice implementation plan, each qualifying port district must include:
Port district-specific goals and actions to reduce environmental and health disparities and for otherwise achieving environmental justice in port district programs;
Metrics to track and measure accomplishments of the port district's goals and actions;
Methods to embed equitable community engagement with, and equitable participation from, members of the public, into port district practices for soliciting and receiving public comment;
Strategies to ensure compliance with existing federal and state laws and policies relating to environmental justice, including Title VI of the civil rights act of 1964, 42 U.S.C. Sec. 2000d-2000d-4; Title IX of the education amendments of 1972, 20 U.S.C. Sec. 1681-1683; section 504 of the rehabilitation act of 1973, 29 U.S.C. Sec. 794; and the age discrimination act of 1975, 42 U.S.C. Sec. 6101-6107;
The plan for community engagement required under section 3 of this act; and
Specific plans and timelines for incorporating environmental justice considerations into the qualifying port district's activities as required under this chapter.
By January 1, 2026, a qualifying port district must create and adopt a community engagement plan that describes how it will engage with overburdened communities and vulnerable populations as it evaluates new and existing activities and programs. This plan must describe how the qualifying port district plans to facilitate equitable participation and support meaningful and direct involvement of vulnerable populations and overburdened communities. The plan must include:
How the qualifying port district will identify and prioritize overburdened communities for purposes of this chapter;
Best practices for outreach and communication to overcome barriers to engagement with overburdened communities and vulnerable populations;
Use of special screening tools that integrate environmental, demographic, and health disparities data to evaluate and understand the nature and needs of the people who the qualifying port district expects to be impacted by significant port actions and processes to overcome barriers to participation;
Processes that facilitate and support the inclusion of members of communities affected by port district decision making including, to the extent legal and practicable, but not limited to, child care and reimbursement for travel and other expenses; and
Methods for outreach and communication with those who face barriers, language or otherwise, to participation.
A qualifying port district must regularly review their compliance with existing laws and policies that guide community engagement and must comply with the following:
Title VI of the civil rights act, prohibiting discrimination based on race, color, or national origin and requiring meaningful access for people with limited English proficiency, and disability;
Executive Order 05-03, requiring plain talk when communicating with the public; and
Guidance related to Executive Order 13166, requiring meaningful access to port district programs and services for people with limited English proficiency.
In developing and updating its plan, a qualifying port district must consider any guidance developed by the environmental justice council pursuant to RCW 70A.02.110.
A qualifying port district may coordinate with the office of equity to identify policy and system barriers to meaningful engagement with communities as conducted by the office under RCW 43.06D.040(1)(b).
When considering a significant port action initiated after January 1, 2026, a qualifying port district must comply with the requirements of this section prior to approving the action.
To comply with this section, a qualifying port district must:
Obtain an assessment from the University of Washington's department of environmental and occupational health sciences, in collaboration with the county department of health for the county in which a qualifying port district is located on the likely adverse cumulative impacts of the proposed action on overburdened communities and vulnerable populations that will be affected by the action, together with recommendations on ways to mitigate or minimize the likely cumulative impacts of the proposed action. This assessment must incorporate existing published research, data, and reports from the University of Washington's department of environmental and occupational health sciences and the Washington state department of health, ensuring alignment with established methodologies for evaluating cumulative environmental health impacts;
Develop and publicly share an action plan that implements recommendations to mitigate or 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, the action plan must include a clear and detailed explanation of these constraints, along with proposed alternative measures or partnerships to address the impacts to the greatest extent possible; and
Consult with overburdened communities and vulnerable populations about the proposed action, ensuring that their perspectives and priorities are reflected in the assessment and mitigation strategies. The county department of health shall lead this consultation process, 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.
Based on the assessment, a qualifying port district must seek, to the extent legal and feasible, to reduce or eliminate the environmental harms and maximize the environmental benefits created by the significant port action on overburdened communities and vulnerable populations. Consistent with the qualifying port district's mission and statutory responsibilities, the port district must consider each of the following methods for reducing environmental harms or equitably distributing environmental benefits:
Eliminating the disparate impact of environmental harms on overburdened communities and vulnerable populations;
Reducing cumulative environmental health impacts on overburdened communities or vulnerable populations;
Preventing the action from adding to the cumulative environmental health impacts on overburdened communities or vulnerable populations;
Providing equitable participation and meaningful engagement of vulnerable populations and overburdened communities in the development of the significant port action;
Prioritizing equitable distribution of resources and benefits to overburdened communities;
Promoting positive workforce and job outcomes for overburdened communities;
Meeting community needs identified by the affected overburdened community;
Modifying substantive regulatory or policy requirements; and
The University of Washington's department of environmental and occupational health sciences shall periodically review and evaluate the effectiveness of mitigation strategies and provide transparent public reports detailing the outcomes, costs, and benefits of the actions implemented.
Nothing in this section creates a right of action against a qualifying port district or a right of review of an action taken by a qualifying port district.
A qualifying port district, acting through its commission, has power to expend moneys in the district or general area to mitigate environmental impacts and cumulative environmental health impacts that arise from a port district's exercise of its granted powers. A qualifying port district may expend funds for remediation and mitigation, and may participate in and expend funds for programs to identify, study, and make recommendations for remediation and mitigation of environmental impacts and cumulative environmental health impacts that result or are expected to result from the port district's use of the authority granted herein. In addition, a qualifying port district may contract with nonprofit corporations and private and public entities that provide expertise in relation to these purposes.
A qualifying port district may expend funds, including from the fund authorized in RCW 53.54.040, to mitigate environmental harm and to remedy the effects of current and past disparate treatment of overburdened communities and vulnerable populations.