The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5735
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend the highway law, in relation to enacting the "schools
   impacted by gross highways (SIGH) act"; and to amend the environmental
   conservation law, in relation to including certain schools in environ-
   mental impact statements for the construction of a major roadway
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "schools
 impacted by gross highways (SIGH) act".
   § 2. Legislative findings and intent.  The purpose of this act  is  to
 address  the  disproportionate  impact of environmental hazards on Black
 and Brown communities, specifically to protect children and young adults
 from the health risks associated with long-term exposure  to  pollutants
 which  derive  from  living  and  attending school in close proximity to
 major roadways and highway projects. Traffic is one of the most  signif-
 icant  sources  of  air  pollution in both the indoor and outdoor school
 environment.
   Pollutants directly emitted from cars, trucks, and other  motor  vehi-
 cles are found in higher concentrations near major roads, with the high-
 est  levels  within  the  first  five hundred (500) feet of a roadway --
 children who attend schools near roadways have increased risks of  expo-
 sure  and the detrimental health impacts therefrom. Children who experi-
 ence consistent exposure to air pollution have increased risks of  asth-
 ma,  chronic  respiratory  issues, reduced lung function, cardiovascular
 effects, and neurobehavioral dysfunction. These effects are long-lasting
 and contribute to changes in overall school performance for students.
   In addition to the health effects caused by air pollution, major road-
 ways create a considerable  amount  of  noise  pollution.  Children  are
 particularly  susceptible  to the effects of loud, constant noise, which
 comes from close proximity to highways. This often causes  trouble  with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03773-01-1

 A. 5735                             2
 
 tasks  at  school  --  reading attention, problem-solving and memory are
 most affected.
   Research  led  by  the  University  of Minnesota and the University of
 Washington quantified  the  racial  gap  between  those  who  cause  air
 pollution  and  those  who  breathe  it. Poor air quality is the largest
 environmental health risk in the United States. Fine particulate  matter
 (PM),  especially  that  which  is  emitted from vehicles, is especially
 harmful and is  responsible  for  more  than  100,000  deaths  annually.
 However,  not  everyone  is equally exposed to poor air quality, nor are
 all people equally responsible for causing it.
   Researchers found that fine PM pollution is disproportionately  caused
 by  the  non-Hispanic  white majority, but disproportionately inhaled by
 Black and Hispanic minorities. A 2019 Report  commissioned  by  the  New
 York Civil Liberties Union found 53.1% of Black and Latinx children live
 within  500  feet  of  a  major  roadway. Comparatively just 4% of white
 students live within 250 feet from major roadways.
   Black and Latinx children are already at risk for high morbidity rates
 and exposed to urban poverty; this combination of risks has catastrophic
 effects  for  their  academic  functioning.  Schools  that  have  larger
 percentages  of low income students and students of color are exposed to
 more respiratory hazards from air toxins. Pastor et al. (2006) conducted
 a study on schools, air pollution, and environmental justice. The  study
 showed  Black zip codes are less healthy places for all children because
 they tend to be close to sources of pollution  such  as  busy  highways;
 resulting in poorer air quality.
   Decades  of  racial segregation, redlining, and the systemic placement
 of pollution-emitting infrastructure in Black and Brown communities have
 played a role in this disparity. The American Lung Association says that
 one of the major reasons that respiratory illnesses are so prevalent  in
 communities  of color is the proximity of those communities to producers
 of hazardous air pollutants, such as major roadways.
   § 3. The highway law is amended by adding a new section 67 to read  as
 follows:
   §  67. PROHIBITED CONSTRUCTION OF SCHOOLS WITHIN SIX HUNDRED FEET OF A
 MAJOR ROADWAY. 1. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ASTHMA MEDICATION" SHALL MEAN ANY TYPE OF DAILY ASTHMA TREATMENT
 MEDICATIONS, INCLUDING BUT NOT LIMITED TO INHALERS AND NEBULIZERS;
   (B) "BEST AVAILABLE CONTROL TECHNOLOGIES" (BACT) SHALL MEAN ANY  TECH-
 NOLOGY  REASONABLY  AVAILABLE  TO THE ENTITY OVERSEEING DEVELOPMENT OF A
 SOURCE OF POLLUTION THAT CAN BE EMPLOYED IN ORDER TO MINIMIZE THE AMOUNT
 OF THE POLLUTANTS THAT ARE PRODUCED. SUCH TECHNOLOGY MAY BE EMPLOYED  IN
 THE  FORM  OF EQUIPMENT OR MAY BE EMPLOYED AS AN ALTERATION TO THE PROC-
 ESSES OF DEVELOPMENT;
   (C) "ENTITY" SHALL MEAN ANY COMPANY, ORGANIZATION,  OR  AGENCY  INTER-
 ESTED IN THE CONSTRUCTION OF A SCHOOL WITHIN SIX HUNDRED FEET OF A MAJOR
 HIGHWAY;  OR  ANY  COMPANY,  ORGANIZATION,  OR  AGENCY INTERESTED IN THE
 CONSTRUCTION OF A MAJOR ROADWAY WITHIN SIX  HUNDRED  FEET  OF  A  SCHOOL
 ENROLLING STUDENTS IN GRADES PRE-KINDERGARTEN THROUGH TWELFTH GRADE;
   (D)  "ENVIRONMENTAL JUSTICE" SHALL MEAN THE MITIGATION OF IDENTIFIABLE
 ENVIRONMENTAL HAZARDS THAT HAVE A DISPROPORTIONATE IMPACT ON  A  PARTIC-
 ULAR COMMUNITY, DEFINED ON THE BASIS OF RACE, INCOME, NATIONAL ORIGIN OR
 COLOR,  SUCH  THAT  ALL  PEOPLE  AND COMMUNITIES ARE ABLE TO ENJOY EQUAL
 PROTECTION FROM ENVIRONMENTAL HAZARDS AND EQUAL ENFORCEMENT OF  ENVIRON-
 MENTAL LAWS AND REGULATIONS;

 A. 5735                             3
 
   (E) "ENVIRONMENTAL JUSTICE COMMUNITY" SHALL MEAN A COMMUNITY, TYPICAL-
 LY  CONSISTING OF MEMBERS OF MARGINALIZED RACIAL OR ETHNIC GROUPS AND/OR
 LOW INCOME HOUSEHOLDS,  THAT  MAY  BEAR  OR  HAS  HISTORICALLY  BORNE  A
 DISPROPORTIONATE   SHARE  OF  THE  NEGATIVE  ENVIRONMENTAL  CONSEQUENCES
 RESULTING  FROM  INDUSTRIAL, MUNICIPAL, AND COMMERCIAL OPERATIONS OR THE
 EXECUTION OF FEDERAL, STATE, LOCAL, AND TRIBAL PROGRAMS AND POLICIES;
   (F) "MAJOR ROADWAY" SHALL MEAN A PRIMARY ROADWAY OF THE STATE  HIGHWAY
 SYSTEM  OR  STATE  THRUWAY  SYSTEM  THAT PROVIDES LIMITED ACCESS TO SUCH
 ROADWAY AND HAS A TRAFFIC VOLUME ALONG SUCH ROADWAY  OF  NOT  LESS  THAN
 THIRTY THOUSAND MOTOR VEHICLES PER DAY;
   (G)  "NEAR  A  MAJOR  ROADWAY"  SHALL BE CONSIDERED AS ANY PART OF THE
 SCHOOL FACILITY WHICH IS LOCATED FIVE HUNDRED FEET OR LESS FROM A  MAJOR
 ROADWAY;
   (H)  "POLLUTANT"  OR  "POLLUTANTS"  SHALL  REFER TO THE SIX POLLUTANTS
 REGULATED BY THE CLEAN  AIR  ACT,  42  U.S.C.  SECTION  7401,  INCLUDING
 GROUND-LEVEL  OZONE,  PARTICULATE  MATTER, CARBON MONOXIDE, LEAD, SULFUR
 DIOXIDE, AND NITROGEN OXIDE, AS WELL AS OTHER POLLUTANTS CAUSED BY MAJOR
 ROADWAYS INCLUDING BUT NOT LIMITED TO, PARTICULATE MATTER, CARBON MONOX-
 IDE, OXIDES OF NITROGEN, AND BENZENE EMITTED INTO THE AIR;
   (I) "SCHOOL CONSTRUCTION PROJECT" SHALL MEAN THE ACQUISITION OF  LAND,
 RENOVATION  OF  AN  EXISTING  STRUCTURE OR STRUCTURES OR CONSTRUCTION OF
 FACILITIES TO DEVELOP AND CONSTRUCT A SCHOOL BUILDING OR BUILDINGS;
   (J) "SCHOOL FACILITY"  SHALL  REFER  TO  BUILDINGS,  GROUNDS,  PLAYING
 FIELDS,  AND  PARKING  LOTS  USED  IN  THE FACILITATION OF EDUCATION FOR
 SCHOOL AGED CHILDREN IN PRE-KINDERGARTEN THROUGH TWELFTH GRADE; AND
   (K) "SCHOOL HEALTH OFFICE" SHALL REFER TO HEALTH SERVICES PROVIDED  IN
 ANY SCHOOL BUILDING SERVING STUDENTS IN PRE-KINDERGARTEN THROUGH TWELFTH
 GRADE,  INCLUDING  BUT NOT LIMITED TO NURSES, MENTAL HEALTH SPECIALISTS,
 AND BEHAVIORAL SPECIALISTS.
   2. ON AND AFTER THE EFFECTIVE DATE OF THIS  SECTION,  THE  DEVELOPMENT
 AND CONSTRUCTION OF ANY NEW SCHOOL CONSTRUCTION PROJECT WHERE ANY OF THE
 LANDS  OR  GROUNDS  OF SUCH PROJECT LIE WITHIN A DISTANCE OF SIX HUNDRED
 FEET OF A MAJOR ROADWAY IS PROHIBITED.
   3. (A) THE DEPARTMENT SHALL, WHEN PLANNING THE CONSTRUCTION OF A MAJOR
 ROADWAY AND CONSIDERING THE LOCATION FOR  SUCH  ROADWAY,  IDENTIFY  EACH
 SCHOOL  LYING WITHIN THE GENERAL CORRIDOR IN WHICH SUCH ROADWAY SHALL BE
 LOCATED AND SHALL, TO THE GREATEST EXTENT PRACTICABLE, SITE SUCH HIGHWAY
 AT A DISTANCE OF SIX HUNDRED FEET OR MORE FROM EACH SUCH SCHOOL.
   (B) IF THERE IS NO AVAILABLE ALTERNATIVE FOR DEVELOPMENT  OF  A  MAJOR
 ROADWAY,  SUCH  THAT  THE  ROADWAY OR A PORTION THEREOF SHALL BE LOCATED
 WITHIN SIX HUNDRED  FEET  OF  AN  EXISTING  SCHOOL  FACILITY  OR  SCHOOL
 CONSTRUCTION  PROJECT,  AN  ENVIRONMENTAL IMPACT STATEMENT(EIS) SHALL BE
 CREATED TO FULLY ANALYZE THE CURRENT AND HISTORICAL ENVIRONMENTAL IMPACT
 OF THE ROADWAY ON THE EXISTING SCHOOL FACILITIES OR SCHOOL  CONSTRUCTION
 PROJECTS,  INCLUDING  AN  ANALYSIS  OF  THE ENVIRONMENTAL JUSTICE IMPLI-
 CATIONS AND  IDENTIFICATION  OF  ANY  IMPLICATED  ENVIRONMENTAL  JUSTICE
 COMMUNITIES.  AN EIS SHALL INCLUDE:
   (I)  AN  EXPLANATION  ON  THE SOCIETAL, HEALTH, ECONOMIC, AND ENVIRON-
 MENTAL EFFECTS THAT THE PUPILS AND WORKERS OF THE SCHOOL  FACILITY  WILL
 EXPERIENCE, INCLUDING AN ANALYSIS OF HISTORICAL IMPACTS;
   (II) A STATEMENT INDICATING THAT EVERY AVAILABLE ALTERNATIVE TO BUILD-
 ING THE MAJOR ROADWAY AT LEAST SIX HUNDRED FEET FROM THE EXISTING SCHOOL
 FACILITIES OR SCHOOL CONSTRUCTION PROJECTS WAS CONSIDERED; AND
   (III)  BACTS  INTENDED TO BE USED DURING THE DEVELOPMENT OF SUCH MAJOR
 ROADWAY.

 A. 5735                             4
 
   § 4. Paragraphs (i), (i) and (j) of subdivision 2 of section 8-0109 of
 the environmental conservation law, paragraph (i) as  added  by  chapter
 182  of the laws of 1990, paragraph (i) as amended by chapter 238 of the
 laws of 1991, and paragraph (j) as amended by chapter 219 of the laws of
 1990, are amended and a new paragraph (k) is added to read as follows:
   (i)  effects of proposed action on solid waste management where appli-
 cable and significant; [and]
   [(i)] (J) effects of any proposed action on, and its consistency with,
 the comprehensive management plan of the special groundwater  protection
 area  program,  as  implemented  by the commissioner pursuant to article
 fifty-five of this chapter; [and]
   (K) WITH RESPECT TO THE CONSTRUCTION OF A MAJOR ROADWAY, AS SUCH  TERM
 IS DEFINED IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION SIXTY-SEVEN OF
 THE  HIGHWAY  LAW,  IDENTIFY  AND  SET  FORTH IN THE NAME OF EACH SCHOOL
 LOCATED WITHIN SIX HUNDRED FEET OF THE PROPOSED CORRIDOR IN  WHICH  SUCH
 ROADWAY IS PROPOSED TO BE LOCATED; AND
   [(j)]  (L) such other information consistent with the purposes of this
 article as may be prescribed in guidelines issued  by  the  commissioner
 pursuant to section 8-0113 of this chapter.
   §  5. 1. Within 90 days of the effective date of this section, the New
 York State Department of Transportation or designee shall begin a state-
 wide census of public school  facilities  currently  enrolling  students
 that  are within 600 feet of a major roadway. The New York State Depart-
 ment of Transportation shall make this data public, along  with  a  plan
 for mitigating the impacts of roadway air pollution on each school.
   2.  On  or  after  the  effective date of this section, where a school
 facility already exists within 600 feet of a major roadway, or an entity
 seeks to build a major roadway within 600 feet of  an  existing  school,
 The  New  York  State  Department  of Transportation shall implement the
 following mitigation measures in consultation with the  school  district
 or designee of the impacted school:
   (a)  The  installation of a Heating, Ventilation, and Air Conditioning
 (HVAC) system to improve  air  quality  within  the  school  facilities.
 Maintenance  of  the HVAC system shall be provided by the New York State
 Department of Transportation or designee and upgrades to the system  may
 qualify  as  BACT. Maintenance shall be reported annually, in compliance
 with subdivision 5 of this section;
   (b) The installation of insulation within  school  facility  walls  to
 mitigate  noise  pollution.  Such  installation  shall take place during
 periods of time when students will not be occupying the school's facili-
 ties; and may
   (c) Make a reasonable investment in  pollutant  absorbing  plants  for
 both the inside and outside of the school facilities in order to improve
 air  quality,  including  but  not  limited to trees, plants of the palm
 species, and ferns;
   (d) Construct indoor playground options that cater  to  children  with
 severe asthma; or
   (e)  Capping  of  all soil owned by the school within 200 yards of the
 school's facilities.
   3. The New York State Department of Transportation shall hold a 45-day
 period for public comments and suggestions, during which the entity  may
 receive  other  suggestions  for  mitigation from the public, even if an
 environmental assessment leads to a finding of  no  significant  impact.
 Each  of  these  suggestions  shall  be  considered and analyzed. If the
 suggestions are reasonable, they should be considered. Suggestions shall
 be reasonable if they offer low-cost mitigation  measures,  or  measures

 A. 5735                             5
 
 cost equivalent to other mitigation strategies considered by the depart-
 ment of transportation and will not cause further harm.
   4.  The  entities overseeing the project development shall employ Best
 Available  Control  Technologies  (BACT)  to  minimize  the  amount   of
 pollution   produced  during  construction.  BACTs  shall  be  used  for
 construction equipment and construction processes unless the  BACT  will
 redefine  the source of the new development, it will not be required per
 this section.  If investment in BACT equipment and processes will change
 the aim or purpose of the facility, investment in  such  BACT  equipment
 and  processes will not be mandated. If BACTs have been suggested by the
 community during the 45-day comment period that  appear  reasonable  but
 are  not selected by the developing entity to be implemented, justifica-
 tion as to why the measure was  not  taken  shall  be  provided  to  the
 department of transportation.
   5.  (a) For a school located near a major roadway, data shall be annu-
 ally collected on roadway pollutants by the school  nurse  and  adminis-
 tration and publish such data on the school's website.
   (b) The compiled data shall include:
   (i)  the  number  of  students during that school year who self-report
 respiratory issues and/or asthma; and
   (ii) identify which 2 mitigation measures from subdivision 3  of  this
 section  the  school  has decided to implement, including a timeline for
 implementation of such mitigation measures.
   (c) After the first year of implementation, the data collection  shall
 include  updates on maintenance and quality assurance for the mitigation
 measures, including but not  limited  to  whether  the  school  facility
 currently has a ventilation system, and if so, the data collection shall
 also include:
   (i) the name and model of ventilation system;
   (ii) the date of installation;
   (iii) the date of the last maintenance check; and
   (iv)  the  dates  of any upcoming maintenance checks or updates to the
 system.
   (d) Previous year data  collections  shall  remain  available  to  the
 public on the school's website.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5735--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on  Transportation  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the highway law, in relation to  enacting  the  "schools
   impacted by gross highways (SIGH) act"; and to amend the environmental
   conservation  law  and  the  education  law,  in relation to including
   certain  schools  in   environmental   impact   statements   for   the
   construction of a major roadway
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "schools
 impacted by gross highways (SIGH) act".
   §  2.  Legislative findings and intent.  The purpose of this act is to
 address the disproportionate impact of environmental  hazards  on  Black
 and Brown communities, specifically to protect children and young adults
 from  the  health risks associated with long-term exposure to pollutants
 which derive from living and attending  school  in  close  proximity  to
 major  roadways and highway projects. Traffic is one of the most signif-
 icant sources of air pollution in both the  indoor  and  outdoor  school
 environment.
   Pollutants  directly  emitted from cars, trucks, and other motor vehi-
 cles are found in higher concentrations near major roads, with the high-
 est levels within the first five hundred (500)  feet  of  a  roadway  --
 children  who attend schools near roadways have increased risks of expo-
 sure and the detrimental health impacts therefrom. Children who  experi-
 ence  consistent exposure to air pollution have increased risks of asth-
 ma, chronic respiratory issues, reduced  lung  function,  cardiovascular
 effects, and neurobehavioral dysfunction. These effects are long-lasting
 and contribute to changes in overall school performance for students.
   In addition to the health effects caused by air pollution, major road-
 ways  create  a  considerable  amount  of  noise pollution. Children are

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03773-03-1

 A. 5735--A                          2
 
 particularly susceptible to the effects of loud, constant  noise,  which
 comes  from  close proximity to highways. This often causes trouble with
 tasks at school -- reading attention,  problem-solving  and  memory  are
 most affected.
   Research  led  by  the  University  of Minnesota and the University of
 Washington quantified  the  racial  gap  between  those  who  cause  air
 pollution  and  those  who  breathe  it. Poor air quality is the largest
 environmental health risk in the United States. Fine particulate  matter
 (PM),  especially  that  which  is  emitted from vehicles, is especially
 harmful and is  responsible  for  more  than  100,000  deaths  annually.
 However,  not  everyone  is equally exposed to poor air quality, nor are
 all people equally responsible for causing it.
   Researchers found that fine PM pollution is disproportionately  caused
 by  the  non-Hispanic  white majority, but disproportionately inhaled by
 Black and Hispanic minorities. A 2019 Report  commissioned  by  the  New
 York Civil Liberties Union found 53.1% of Black and Latinx children live
 within 500 feet of a major roadway.
   Black and Latinx children are already at risk for high morbidity rates
 and exposed to urban poverty; this combination of risks has catastrophic
 effects  for  their  academic  functioning.  Schools  that  have  larger
 percentages of low income students and students of color are exposed  to
 more respiratory hazards from air toxins. Pastor et al. (2006) conducted
 a  study on schools, air pollution, and environmental justice. The study
 showed Black zip codes are less healthy places for all children  because
 they  tend  to  be  close to sources of pollution such as busy highways;
 resulting in poorer air quality.
   Decades of racial segregation, redlining, and the  systemic  placement
 of pollution-emitting infrastructure in Black and Brown communities have
 played a role in this disparity. The American Lung Association says that
 one  of the major reasons that respiratory illnesses are so prevalent in
 communities of color is the proximity of those communities to  producers
 of hazardous air pollutants, such as major roadways.
   § 3. The highway law is amended by adding a new section 332 to read as
 follows:
   § 332. PROHIBITED CONSTRUCTION OF SCHOOLS WITHIN SIX HUNDRED FEET OF A
 MAJOR  ROADWAY.  1.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "BEST AVAILABLE CONTROL TECHNOLOGIES" (BACT) SHALL HAVE  THE  SAME
 MEANING  AS DEFINED BY 6 NYCRR 200.1, AND WHERE APPLICABLE SHALL INCLUDE
 WITHOUT LIMITATION THE INSTALLATION OF A HEATING, VENTILATION,  AND  AIR
 CONDITIONING  (HVAC)  SYSTEM  TO  IMPROVE  AIR QUALITY WITHIN THE SCHOOL
 BUILDINGS, THE INSTALLATION OF INSULATION  WITHIN  THE  SCHOOL  FACILITY
 WALLS  TO  MITIGATE  NOISE POLLUTION, POLLUTANT ABSORBING PLANTS, INDOOR
 PLAYGROUND OPTIONS THAT  CATER  TO  CHILDREN  WITH  SEVERE  ASTHMA,  AND
 CAPPING  OF ALL SOIL OWNED BY A SCHOOL WITHIN SIX HUNDRED FEET OF SCHOOL
 FACILITIES;
   (B) "ENVIRONMENTAL JUSTICE COMMUNITY" SHALL HAVE THE SAME  MEANING  AS
 DEFINED  BY  SUBDIVISION  NINE  OF  SECTION  8-0105 OF THE ENVIRONMENTAL
 CONSERVATION LAW;
   (C) "MAJOR ROADWAY" SHALL MEAN A CONTROLLED ACCESS PRIMARY ROADWAY  OF
 THE  STATE  HIGHWAY  SYSTEM  OR  STATE THRUWAY SYSTEM THAT HAS A TRAFFIC
 VOLUME ALONG SUCH ROADWAY OF NOT LESS THAN THIRTY THOUSAND  MOTOR  VEHI-
 CLES PER DAY;
   (D)  "POLLUTANT"  OR  "POLLUTANTS"  SHALL  REFER TO THE SIX POLLUTANTS
 REGULATED BY THE CLEAN  AIR  ACT,  42  U.S.C.  SECTION  7401,  INCLUDING
 GROUND-LEVEL  OZONE,  PARTICULATE  MATTER, CARBON MONOXIDE, LEAD, SULFUR
 A. 5735--A                          3
 
 DIOXIDE, AND NITROGEN OXIDE, AS WELL AS OTHER POLLUTANTS CAUSED BY MAJOR
 ROADWAYS INCLUDING BUT NOT LIMITED TO, PARTICULATE MATTER, CARBON MONOX-
 IDE, OXIDES OF NITROGEN, AND BENZENE EMITTED INTO THE AIR;
   (E)  "SCHOOL CONSTRUCTION PROJECT" SHALL MEAN THE ACQUISITION OF LAND,
 EXPANSION OF AN EXISTING STRUCTURE  OR  STRUCTURES  OR  CONSTRUCTION  OF
 FACILITIES TO DEVELOP AND CONSTRUCT A SCHOOL BUILDING OR BUILDINGS;
   (F)  "SCHOOL  FACILITY"  SHALL  REFER  TO  BUILDINGS, GROUNDS, PLAYING
 FIELDS, AND PARKING LOTS USED  IN  THE  FACILITATION  OF  EDUCATION  FOR
 SCHOOL AGED CHILDREN IN PRE-KINDERGARTEN THROUGH TWELFTH GRADE; AND
   (G) "AIR QUALITY INDEX" SHALL REFER TO THE AIR QUALITY CLASSIFICATIONS
 AND  STANDARDS  ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION IN 6 NYCRR PARTS 256 AND 257.
   2. (A) BEGINNING FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION,
 THE  DEVELOPMENT AND CONSTRUCTION OF ANY NEW SCHOOL CONSTRUCTION PROJECT
 OR SCHOOL FACILITY WHERE ANY OF THE LANDS OR GROUNDS OF SUCH PROJECT ARE
 WITHIN SIX HUNDRED FEET OF A MAJOR ROADWAY SHALL  BE  PROHIBITED  UNLESS
 THE  DEPARTMENT, AND AGENCY PREPARING THE ENVIRONMENTAL IMPACT STATEMENT
 IN ACCORDANCE WITH ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION  LAW,
 HAVE BOTH DETERMINED THAT:
   (I) THE POLLUTANTS OR POLLUTION SOURCES AROUND SUCH PROJECT DO NOT AND
 WILL NOT CONSTITUTE AN ACTUAL OR POTENTIAL ENDANGERMENT OF PUBLIC HEALTH
 TO  PERSONS  WHO  WOULD  ATTEND  OR  BE EMPLOYED AT THE SCHOOL OR SCHOOL
 FACILITIES;
   (II) THE POLLUTANTS OR POLLUTION SOURCES AROUND SUCH PROJECT WILL  NOT
 NEGATIVELY  IMPACT THE AIR QUALITY INDEX IN AND AROUND SCHOOL FACILITIES
 RELATIVE TO  BASELINE  INDEX  LEVELS  MEASURED  BEFORE  COMMENCEMENT  OF
 CONSTRUCTION  AS  MEASURED  IN  THE  EXISTING  BURDEN  REPORT DEFINED IN
 SECTION 8-0105 OF THE ENVIRONMENTAL CONSERVATION LAW; AND
   (III) NEITHER SHORT-TERM OR LONG-TERM EXPOSURE TO THE LEVELS OF POLLU-
 TANTS OR POLLUTION SOURCES AROUND SUCH PROJECT POSES SIGNIFICANT  HEALTH
 RISKS TO STUDENTS.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, IF THE GOVERNING BODY FOR THE SCHOOL OR SCHOOL FACILITY FINDS THAT
 NEITHER SUBPARAGRAPHS (II) OR (III) OF PARAGRAPH (A) OF THIS SUBDIVISION
 CAN BE MET, AND THE GOVERNING BODY IS UNABLE TO  LOCATE  AN  ALTERNATIVE
 SITE  DUE TO A SEVERE SHORTAGE OF SITES THAT OTHERWISE MEET THE REQUIRE-
 MENTS OF THIS SECTION, PROVIDED THAT AN ALTERNATIVE SITE ANALYSIS DETER-
 MINING THE LACK OF ALTERNATIVE SITES SHALL  BE  MADE  AVAILABLE  TO  THE
 PUBLIC NO LESS THAN SIXTY DAYS PRIOR TO SUCH DETERMINATION.
   3. (A) THE DEPARTMENT SHALL, WHEN PLANNING THE CONSTRUCTION OF A MAJOR
 ROADWAY  AND  CONSIDERING THE LOCATION FOR SUCH ROADWAY OR REVIEWING ANY
 MAJOR ROADWAY PROJECT OVER WHICH THE DEPARTMENT  OF  TRANSPORTATION  HAS
 OVERSIGHT, IDENTIFY EACH SCHOOL FACILITY LOCATED WITHIN SIX HUNDRED FEET
 OF  THE  PLANNED  ROADWAY AND SHALL, TO THE GREATEST EXTENT PRACTICABLE,
 SITE SUCH ROADWAY NO LESS THAN SIX HUNDRED FEET FROM  EACH  SUCH  SCHOOL
 FACILITY.
   (B)  IF  THERE  IS NO AVAILABLE ALTERNATIVE FOR DEVELOPMENT OF A MAJOR
 ROADWAY, SUCH THAT THE ROADWAY OR A PORTION  THEREOF  SHALL  BE  LOCATED
 WITHIN  SIX  HUNDRED  FEET  OF  AN  EXISTING  SCHOOL  FACILITY OR SCHOOL
 CONSTRUCTION PROJECT, THE DEPARTMENT SHALL,  IN  CONSULTATION  WITH  THE
 AFFECTED  SCHOOL  DISTRICT  OR  DISTRICTS,  INCORPORATE  BEST  AVAILABLE
 CONTROL TECHNOLOGIES INTO ITS  DEVELOPMENT  AND  CONSTRUCTION  PLANS  TO
 ENSURE  THAT  THE  AIR  QUALITY INDEX IN AND AROUND SCHOOL FACILITIES IS
 LOWER DURING AND AFTER CONSTRUCTION AND FOR NO FEWER  THAN  THREE  YEARS
 AFTER  PROJECT COMPLETION THAN BASELINE INDEX LEVELS BEFORE COMMENCEMENT
 OF CONSTRUCTION AS MEASURED IN THE EXISTING  BURDEN  REPORT  DEFINED  IN
 A. 5735--A                          4
 
 SECTION  8-0105  OF  THE ENVIRONMENTAL CONSERVATION LAW. NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO REQUIRE THE AFFECTED  SCHOOL  DISTRICT  OR
 DISTRICTS  TO  EXPEND MONIES ON SUCH BEST AVAILABLE CONTROL TECHNOLOGIES
 THAT  EXCEED  THE  AMOUNT OF STATE AND FEDERAL FUNDING AVAILABLE FOR THE
 MAJOR ROADWAY PROJECT.
   § 4. Section 8-0105 of the environmental conservation law  is  amended
 by  adding  five  new  subdivisions  9,  10,  11,  12, and 13 to read as
 follows:
   9. "ENVIRONMENTAL JUSTICE COMMUNITY" MEANS AN ECONOMICALLY  DISTRESSED
 OR   MINORITY   COMMUNITY  BEARING  A  DISPROPORTIONATE  OR  INEQUITABLE
 POLLUTION BURDEN AND SHALL INCLUDE, BUT NOT BE LIMITED TO, ENVIRONMENTAL
 JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT.
   10. "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED BY
 A POVERTY RATE OF AT LEAST TWENTY PERCENT; OR AN UNEMPLOYMENT RATE OF AT
 LEAST ONE HUNDRED TWENTY-FIVE  PERCENT  OF  THE  STATEWIDE  UNEMPLOYMENT
 RATE.
   11. "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS BLOCK, OR
 CENSUS  BLOCK  GROUP  THAT  INCLUDES  TWENTY-FIVE PERCENT OR MORE OF ANY
 ETHNIC GROUP.
   12. "ETHNIC GROUP" SHALL MEAN A GROUP  IDENTIFIED  IN  PARAGRAPH  (A),
 (B),  (C),  OR  (D) OF SUBDIVISION EIGHT OF SECTION THREE HUNDRED TEN OF
 THE EXECUTIVE LAW.
   13. "EXISTING BURDEN REPORT" SHALL MEAN THE REPORT REQUIRED BY  SUBDI-
 VISION  FOUR  OF  SECTION 8-0109 OF THIS ARTICLE DESCRIBING THE EXISTING
 POLLUTION BURDEN IN AN ENVIRONMENTAL JUSTICE COMMUNITY.
   § 5. Paragraphs (i), (i) and (j) of subdivision 2 of section 8-0109 of
 the environmental conservation law, paragraph (i) as  added  by  chapter
 182  of the laws of 1990, paragraph (i) as amended by chapter 238 of the
 laws of 1991, and paragraph (j) as amended by chapter 219 of the laws of
 1990, are amended and a new paragraph (k) is added to read as follows:
   (i) effects of proposed action on solid waste management where  appli-
 cable and significant; [and]
   [(i)] (J) effects of any proposed action on, and its consistency with,
 the  comprehensive management plan of the special groundwater protection
 area program, as implemented by the  commissioner  pursuant  to  article
 fifty-five of this chapter; [and]
   (K)  EFFECTS  OF  THE CONSTRUCTION OF A MAJOR ROADWAY, AS SUCH TERM IS
 DEFINED IN SECTION THREE HUNDRED THIRTY-TWO OF THE HIGHWAY LAW, IDENTIFY
 AND SET FORTH THE NAME OF EACH SCHOOL LOCATED WITHIN SIX HUNDRED FEET OF
 THE BOUNDS OF THE PROPOSED ACTION, AND CONSIDER WHETHER THE  ACTION  MAY
 CAUSE  OR  CONTRIBUTE  TO,  EITHER  DIRECTLY OR INDIRECTLY, A DISPROPOR-
 TIONATE  OR  INEQUITABLE  OR  BOTH  DISPROPORTIONATE   AND   INEQUITABLE
 POLLUTION BURDEN ON AN ENVIRONMENTAL JUSTICE COMMUNITY; AND
   [(j)]  (L) such other information consistent with the purposes of this
 article as may be prescribed in guidelines issued  by  the  commissioner
 pursuant to section 8-0113 of this chapter.
   §  6.  The opening paragraph of subdivision 4 of section 8-0109 of the
 environmental conservation law, as amended by chapter 219 of the laws of
 1990, is amended to read as follows:
   As early as possible in the formulation of a proposal for  an  action,
 the responsible agency shall make an initial determination AS TO whether
 OR  NOT  an  environmental  impact  statement  need  be prepared for the
 action.  IN MAKING SUCH DETERMINATION FOR ANY PROPOSED CONSTRUCTION OF A
 MAJOR ROADWAY ACTION, AS DEFINED IN SECTION THREE HUNDRED THIRTY-TWO  OF
 THE  HIGHWAY  LAW,  THAT IS NOT A MINOR PROJECT AND THAT MAY DIRECTLY OR
 INDIRECTLY AFFECT AN ENVIRONMENTAL JUSTICE  COMMUNITY  SCHOOL  FACILITY,
 A. 5735--A                          5
 
 THE RESPONSIBLE AGENCY SHALL PREPARE OR CAUSE TO BE PREPARED AN EXISTING
 BURDEN REPORT AND SHALL CONSIDER SUCH REPORT IN DETERMINING WHETHER SUCH
 ACTION  MAY  CAUSE  OR  CONTRIBUTE  TO, EITHER DIRECTLY OR INDIRECTLY, A
 DISPROPORTIONATE  OR INEQUITABLE, OR BOTH DISPROPORTIONATE AND INEQUITA-
 BLE POLLUTION BURDEN ON AN ENVIRONMENTAL JUSTICE COMMUNITY SCHOOL FACIL-
 ITY. THE EXISTING BURDEN REPORT SHALL INCLUDE BASELINE  MONITORING  DATA
 COLLECTED  IN  THE  AFFECTED  ENVIRONMENTAL JUSTICE COMMUNITY WITHIN TWO
 YEARS OF THE APPLICATION FOR A PERMIT OR APPROVAL; SHALL  IDENTIFY  EACH
 EXISTING  POLLUTION SOURCE OR CATEGORIES OF SOURCES AFFECTING THE COMMU-
 NITY AND THE POTENTIAL ROUTES OF HUMAN EXPOSURE TO POLLUTION  FROM  SUCH
 SOURCE  OR CATEGORIES OF SOURCES; THE POTENTIAL OR DOCUMENTED CUMULATIVE
 HUMAN HEALTH EFFECTS OF SUCH POLLUTION; AND THE POTENTIAL  OR  PROJECTED
 CONTRIBUTION OF THE PROPOSED ACTION TO EXISTING POLLUTION BURDENS IN THE
 COMMUNITY AND POTENTIAL HEALTH EFFECTS OF SUCH CONTRIBUTION, TAKING INTO
 ACCOUNT  EXISTING POLLUTION BURDENS. When an action is to be carried out
 or approved by two or more agencies, such determination shall be made as
 early as possible after the designation of the lead agency.
   § 7. Subdivision 8 of section 8-0109 of the environmental conservation
 law, as amended by chapter 252 of the laws of 1977, is amended  to  read
 as follows:
   8.  When an agency decides to carry out or approve an action which has
 been the subject of an environmental impact statement, it shall make  an
 explicit finding that the requirements of this section have been met and
 that  consistent  with  social,  economic  and other essential consider-
 ations, to the maximum extent practicable, adverse environmental effects
 revealed in the environmental impact statement process will be minimized
 or avoided.  NO ACTION RELATED TO CONSTRUCTION OF A SCHOOL FACILITY,  AS
 DEFINED IN SECTION THREE HUNDRED THIRTY-TWO OF THE HIGHWAY LAW, SHALL BE
 CARRIED OUT OR APPROVED IF IT MAY CAUSE OR CONTRIBUTE TO, EITHER DIRECT-
 LY  OR INDIRECTLY, A DISPROPORTIONATE OR INEQUITABLE, OR BOTH DISPROPOR-
 TIONATE AND INEQUITABLE POLLUTION BURDEN ON A SCHOOL FACILITY LOCATED IN
 AN ENVIRONMENTAL JUSTICE COMMUNITY.
   § 8. Subparagraph (i) of paragraph (c) of  subdivision  2  of  section
 8-0113 of the environmental conservation law, as added by chapter 612 of
 the laws of 1975, is amended to read as follows:
   (i)  Actions or classes of actions that are likely to require prepara-
 tion of environmental impact statements,  INCLUDING  ACTIONS  WHICH  MAY
 CAUSE  OR  CONTRIBUTE  TO,  EITHER  DIRECTLY OR INDIRECTLY, A DISPROPOR-
 TIONATE  OR  INEQUITABLE  OR  BOTH  DISPROPORTIONATE   AND   INEQUITABLE
 POLLUTION BURDEN ON A SCHOOL FACILITY IN AN ENVIRONMENTAL JUSTICE COMMU-
 NITY;
   § 9. Subdivision 2 of section 8-0113 of the environmental conservation
 law is amended by adding a new paragraph (m) to read as follows:
   (M)  THE FORM AND CONTENT OF AN EXISTING BURDEN REPORT WHICH SHALL, AT
 THE MINIMUM, INCLUDE BASELINE MONITORING DATA COLLECTED IN THE  AFFECTED
 ENVIRONMENTAL  JUSTICE COMMUNITY SCHOOL FACILITY WITHIN TWO YEARS OF THE
 APPLICATION FOR A PERMIT OR APPROVAL AND SHALL IDENTIFY: (I) EACH EXIST-
 ING POLLUTION SOURCE OR  CATEGORIES  OF  SOURCES  AFFECTING  THE  SCHOOL
 FACILITY  IN AN ENVIRONMENTAL JUSTICE COMMUNITY AND THE POTENTIAL ROUTES
 OF HUMAN EXPOSURE TO POLLUTION FROM THAT SOURCE OR CATEGORIES OF  SOURC-
 ES; (II) AMBIENT CONCENTRATION OF REGULATED AIR POLLUTANTS AND REGULATED
 OR  UNREGULATED  TOXIC  AIR POLLUTANTS; (III) TRAFFIC VOLUME; (IV) NOISE
 AND ODOR LEVELS; (V) EXPOSURE OR POTENTIAL EXPOSURE TO LEAD PAINT;  (VI)
 EXPOSURE  OR POTENTIAL EXPOSURE TO CONTAMINATED DRINKING WATER SUPPLIES;
 (VII) PROXIMITY TO  SOLID  OR  HAZARDOUS  WASTE  MANAGEMENT  FACILITIES,
 WASTEWATER  TREATMENT  PLANTS,  HAZARDOUS  WASTE SITES, AND PETROLEUM OR
 A. 5735--A                          6
 
 CHEMICAL  MANUFACTURING,  STORAGE,  TREATMENT  OR  DISPOSAL  FACILITIES;
 (VIII)  THE  POTENTIAL  OR DOCUMENTED CUMULATIVE HUMAN HEALTH EFFECTS OF
 THE FOREGOING POLLUTION SOURCES; AND (IX)  THE  POTENTIAL  OR  PROJECTED
 CONTRIBUTION OF THE PROPOSED ACTION TO EXISTING POLLUTION BURDENS ON THE
 SCHOOL  FACILITY  AND  POTENTIAL  HEALTH  EFFECTS  OF SUCH CONTRIBUTION,
 TAKING INTO ACCOUNT EXISTING POLLUTION BURDENS.
   § 10. Section 408 of the education law is  amended  by  adding  a  new
 subdivision 7 as follows:
   7.  BEGINNING  UPON  THE EFFECTIVE DATE OF THIS SUBDIVISION, NO SCHOOL
 BUILDING SHALL BE ERECTED, PURCHASED, OR ENLARGED WITHIN A  DISTANCE  OF
 SIX HUNDRED FEET OF A MAJOR ROADWAY, AS DEFINED IN SECTION THREE HUNDRED
 THIRTY-TWO  OF THE HIGHWAY LAW, NOR SHALL THE ADVERTISEMENT FOR BIDS FOR
 THE EXECUTION OF THE PLANS AND SPECIFICATIONS FOR SUCH SCHOOL  BUILDINGS
 BE  PLACED  IN  ANY  SCHOOL  DISTRICT UNTIL THE PLANS AND SPECIFICATIONS
 SHALL HAVE BEEN SUBMITTED TO THE COMMISSIONER AND HER APPROVAL  ENDORSED
 THEREON.  THE  COMMISSIONER  SHALL NOT APPROVE SUCH PLANS AND SPECIFICA-
 TIONS UNLESS THE DEPARTMENT OF TRANSPORTATION AND THE  AGENCY  PREPARING
 THE  ENVIRONMENTAL  IMPACT STATEMENT IN ACCORDANCE WITH ARTICLE EIGHT OF
 THE ENVIRONMENTAL CONSERVATION LAW HAVE DETERMINED  THAT  THE  POLLUTION
 SOURCES  AROUND SUCH PROJECT DO NOT AND WILL NOT CONSTITUTE AN ACTUAL OR
 POTENTIAL ENDANGERMENT OF PUBLIC HEALTH TO PERSONS WHO WOULD  ATTEND  OR
 BE  EMPLOYED  AT  OR OTHERWISE USE THE SCHOOL BUILDING OR THE EXCEPTIONS
 SET FORTH IN SECTION THREE HUNDRED THIRTY-TWO OF THE HIGHWAY  LAW  WOULD
 OTHERWISE APPLY.
   § 11. 1. (a) Within 90 days of the effective date of this section, the
 New  York  State  Department of Transportation or designee shall begin a
 statewide  census  of  public  school  facilities  currently   enrolling
 students that are within 600 feet of a major roadway. The New York State
 Department  of Transportation shall make this data available annually on
 its public-facing website, indicating each school by its  name  and  zip
 code, as well as reporting the average air quality index for the year as
 compiled  by  the  Department  of  Environmental Conservation and asthma
 outcomes as compiled by the Department of Health.
   (b) The Department of Environmental Conservation may request and shall
 receive from any department,  division,  board,  bureau,  commission  or
 other agency of the state or any state public authority such assistance,
 information  and data as will enable it to properly carry out its powers
 and duties under this section.
   2. (a) After the first year of implementation, upon  determination  of
 sufficient  available  resources, school districts with a school located
 near a major roadway as defined in section 332 of the highway law  shall
 report  updates  on  maintenance  and  quality assurance for air quality
 mitigation measures, including but not limited to whether school facili-
 ties currently have ventilation systems, including but not limited to:
   (i) the name and model of ventilation system;
   (ii) the date of installation;
   (iii) the date of the last maintenance check; and
   (iv) the dates of any upcoming maintenance checks or  updates  to  the
 system.
   (b)  Previous  year  data  collections  shall  remain available to the
 public on the school's website.
   § 12. This act shall take effect on the first of April next succeeding
 the date upon which it shall have become a law; provided, however,  that
 section ten of this act shall take effect five years after it shall have
 become  law; and provided further that school construction projects with
 requests for qualifications issued prior to such effective date shall be
 A. 5735--A                          7
 
 permitted to continue notwithstanding the provisions of this act. Effec-
 tive immediately, the addition, amendment and/or repeal of any  rule  or
 regulation necessary for the implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5735--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by  M.  of  A. JOYNER, McDONALD, REYES, SIMON, BURGOS, FAHY,
   SEPTIMO, LUNSFORD -- read once and referred to the Committee on Trans-
   portation -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Transportation in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT to amend the education law, in relation to enacting the "schools
   impacted by gross highways (SIGH) act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "schools
 impacted by gross highways (SIGH) act".
   § 2. Section 408 of the education law  is  amended  by  adding  a  new
 subdivision 3-a to read as follows:
   3-A.  THE COMMISSIONER SHALL NOT APPROVE THE PLANS FOR THE ERECTION OF
 ANY NEW SCHOOLHOUSE WITHIN FIVE  HUNDRED  FEET  OF  A  CONTROLLED-ACCESS
 HIGHWAY  AS  DEFINED  IN THIS SUBDIVISION UNLESS THE COMMISSIONER DETER-
 MINES THAT SPACE IS SO LIMITED THAT THERE IS NO OTHER SITE TO ERECT SUCH
 SCHOOLHOUSE. FOR PURPOSES  OF  THIS  SUBDIVISION,  A  "CONTROLLED-ACCESS
 HIGHWAY"  SHALL  MEAN:  (A)  A  CONTROLLED-ACCESS  HIGHWAY AS DEFINED BY
 SECTION ONE HUNDRED NINE OF THE VEHICLE AND TRAFFIC LAW UNDER THE JURIS-
 DICTION OF THE COMMISSIONER  OF  TRANSPORTATION  WHICH  HAS  BEEN  FUNC-
 TIONALLY  CLASSIFIED  BY  THE  DEPARTMENT OF TRANSPORTATION AS PRINCIPAL
 ARTERIAL - INTERSTATE OR PRINCIPAL ARTERIAL -  OTHER  FREEWAY/EXPRESSWAY
 ON OFFICIAL FUNCTIONAL CLASSIFICATION MAPS APPROVED BY THE FEDERAL HIGH-
 WAY  ADMINISTRATION  PURSUANT TO PART 470.105 OF TITLE 23 OF THE CODE OF
 FEDERAL REGULATIONS, AS AMENDED FROM TIME TO TIME;  AND  (B)  A  DIVIDED
 HIGHWAY  UNDER  THE JURISDICTION OF THE NEW YORK STATE THRUWAY AUTHORITY
 FOR MIXED TRAFFIC WITH ACCESS LIMITED AS THE AUTHORITY MAY DETERMINE AND
 GENERALLY WITH GRADE SEPARATIONS AT INTERSECTIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03773-06-2

 A. 5735--B                          2
 
   § 3. Section 2556 of the education law is  amended  by  adding  a  new
 subdivision 5-a to read as follows:
   5-A.  IT  SHALL BE UNLAWFUL FOR A NEW SCHOOLHOUSE TO BE CONSTRUCTED IN
 THE CITY OF NEW YORK WITHIN FIVE HUNDRED  FEET  OF  A  CONTROLLED-ACCESS
 HIGHWAY   UNLESS THE CHANCELLOR DETERMINES THAT SPACE IS SO LIMITED THAT
 THERE IS NO OTHER SITE TO ERECT SUCH SCHOOLHOUSE. FOR PURPOSES  OF  THIS
 SUBDIVISION,  A  "CONTROLLED-ACCESS  HIGHWAY"  SHALL  MEAN:  (A) A CONT-
 ROLLED-ACCESS HIGHWAY AS DEFINED BY SECTION  ONE  HUNDRED  NINE  OF  THE
 VEHICLE  AND  TRAFFIC  LAW UNDER THE JURISDICTION OF THE COMMISSIONER OF
 TRANSPORTATION  WHICH HAS BEEN FUNCTIONALLY CLASSIFIED BY THE DEPARTMENT
 OF  TRANSPORTATION  AS  PRINCIPAL  ARTERIAL  -  INTERSTATE  OR PRINCIPAL
 ARTERIAL - OTHER FREEWAY/EXPRESSWAY ON OFFICIAL  FUNCTIONAL  CLASSIFICA-
 TION  MAPS  APPROVED  BY  THE FEDERAL HIGHWAY ADMINISTRATION PURSUANT TO
 PART 470.105 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS, AS  AMENDED
 FROM  TIME  TO TIME; AND (B) A DIVIDED HIGHWAY UNDER THE JURISDICTION OF
 THE  NEW YORK STATE THRUWAY  AUTHORITY  FOR  MIXED TRAFFIC  WITH  ACCESS
 LIMITED  AS  THE  AUTHORITY MAY DETERMINE AND GENERALLY WITH GRADE SEPA-
 RATIONS AT INTERSECTIONS.
   § 4. This act shall take effect on the first of July  next  succeeding
 the  date upon which it shall have become a law; provided, however, that
 sections two and three of this act shall take effect five years after it
 shall have become a law; and provided, further,  that  school  districts
 that  submitted a letter of intent to the state education department for
 a new school construction project prior to such effective date shall  be
 exempt  from  the provisions of this act; and provided further that in a
 city school district in a city having a  million  inhabitants  or  more,
 school construction projects with advertisement for bids or requests for
 proposals  issued  prior to such effective date shall be exempt from the
 provisions of this act.