SENATE BILL REPORT

HB 2315

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 18, 2020

Title: An act relating to repairing and replacing mitigation equipment installed as part of a remedial program within an impacted area.

Brief Description: Installing, repairing, replacing, and updating mitigation equipment installed within an impacted area.

Sponsors: Representatives Orwall, Fitzgibbon and Pellicciotti.

Brief History: Passed House: 2/12/20, 97-0.

Committee Activity: Local Government: 2/20/20.

Brief Summary of Bill

  • Allows a property to receive benefits more than once under a noise abatement program, if the property contains a soundproofing installation, structure, or other type of mitigation impact equipment in need of repair or replacement.

SENATE COMMITTEE ON LOCAL GOVERNMENT

Staff: Greg Vogel (786-7413)

Background: Noise abatement programs generally focus on reducing the noise produced by aircraft while on the ground, during takeoffs and landings, and during flights over populated areas.

A port district that operates an airport serving more than 20 scheduled jet aircraft flights per day may undertake a program of aircraft noise abatement.

Prior to initiating any noise abatement activities, the port commission must determine the nature and extent of the impact of aircraft noise on surrounding areas. No noise abatement activities may be conducted outside an impacted area. An impacted area is limited to no more than 6 miles beyond the paved end of any runway, or more than 1 mile from the centerline of any runway, or from any imaginary runway centerline extending 6 miles from the paved end of such runway.

The port commission may employ a number of remedial programs for noise abatement. Among other items, the aircraft noise abatement program may include the purchase of property, transaction assistance—assistance for selling a home, and mortgage insurance for private land owners who are unable to obtain mortgage insurance due to the noise impact, and soundproofing structures. A property owner may receive benefits more than once under each separate noise abatement program, if the property 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.

Summary of Bill: The bill as referred to committee not considered.

Summary of Bill (Proposed Striking Amendment): A property may receive benefits more than once under any one of the noise abatement programs, if the property contains a soundproofing installation, structure, or other type of mitigation impact equipment or benefit previously installed pursuant to a remedial program provided by the port district, that is determined through inspection to be in need of repair or replacement.

Port districts choosing to exercise this mitigation authority 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 state certified building inspector to determine whether package failure resulted in additional hazards or structural damage to the property.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.