The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3287
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Education
 
 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05407-01-3

 A. 3287                             2
 
 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
 which  have  a  new schoolhouse construction project with advertisements
 for bids or requests for proposals issued prior to such effective  date,
 or  which  have acquired real property to construct a new schoolhouse as
 approved by the board of education or trustees of a school district,  or
 which  have  had a building permit issued by the state education depart-
 ment shall be exempt from the  provisions  of  this  act;  and  provided
 further that in a city school district in a city having a million inhab-
 itants  or more, a new schoolhouse construction projects with advertise-
 ments for bids or requests for proposals issued prior to such  effective
 date shall be exempt from the provisions of this act.