Assembly Bill A5735

Vetoed By Governor
2021-2022 Legislative Session

Relates to enacting the SIGH act to prohibit the construction of new schools near a major roadway

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2021-A5735 - Details

Law Section:
Highway Law
Laws Affected:
Add §67, Hway L; amd §8-0109, En Con L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10998
2023-2024: A3287, A8998

2021-A5735 - Summary

Enacts the "schools impacted by gross highways (SIGH) act"; prohibits the commissioner of education from approving the plans for the erection of any new schoolhouse within five hundred feet of a controlled-access highway unless the commissioner of education determines that space limitations are so severe that there is no other site to erect such new schoolhouse.

2021-A5735 - Bill Text download pdf

                            
 
                     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.
              

co-Sponsors

2021-A5735A - Details

Law Section:
Highway Law
Laws Affected:
Add §67, Hway L; amd §8-0109, En Con L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10998
2023-2024: A3287, A8998

2021-A5735A - Summary

Enacts the "schools impacted by gross highways (SIGH) act"; prohibits the commissioner of education from approving the plans for the erection of any new schoolhouse within five hundred feet of a controlled-access highway unless the commissioner of education determines that space limitations are so severe that there is no other site to erect such new schoolhouse.

2021-A5735A - Bill Text download pdf

                             
                     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
              

co-Sponsors

2021-A5735B - Details

Law Section:
Highway Law
Laws Affected:
Add §67, Hway L; amd §8-0109, En Con L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10998
2023-2024: A3287, A8998

2021-A5735B - Summary

Enacts the "schools impacted by gross highways (SIGH) act"; prohibits the commissioner of education from approving the plans for the erection of any new schoolhouse within five hundred feet of a controlled-access highway unless the commissioner of education determines that space limitations are so severe that there is no other site to erect such new schoolhouse.

2021-A5735B - Bill Text download pdf

                             
                     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
              

co-Sponsors

2021-A5735C (ACTIVE) - Details

Law Section:
Highway Law
Laws Affected:
Add §67, Hway L; amd §8-0109, En Con L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10998
2023-2024: A3287, A8998

2021-A5735C (ACTIVE) - Summary

Enacts the "schools impacted by gross highways (SIGH) act"; prohibits the commissioner of education from approving the plans for the erection of any new schoolhouse within five hundred feet of a controlled-access highway unless the commissioner of education determines that space limitations are so severe that there is no other site to erect such new schoolhouse.

2021-A5735C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5735--C
 
                        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  -- reported and referred to the
   Committee on Rules --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03773-09-2
              

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