S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8998--A
 
                           I N  A S S E M B L Y
 
                             February 1, 2024
                                ___________
 
 Introduced  by  M.  of  A.  TAPIA, STIRPE, HEVESI, EPSTEIN, RAGA, MAHER,
   BURGOS, SEPTIMO -- read once and referred to the Committee  on  Trans-
   portation  -- 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.
   §  3.  Section  2556  of  the education law is amended by adding a new
 subdivision 5-a to read as follows:
   5-A. (A) NOTWITHSTANDING SUBDIVISION THREE-A OF SECTION  FOUR  HUNDRED
 EIGHT  OF THIS CHAPTER, IT SHALL BE UNLAWFUL FOR A NEW SCHOOLHOUSE TO BE
 CONSTRUCTED IN THE CITY OF NEW YORK WITHIN FIVE HUNDRED FEET OF A  CONT-
 ROLLED-ACCESS  HIGHWAY    UNLESS  (I) THE PRESIDENT OF THE NEW YORK CITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05407-02-4
 A. 8998--A                          2
 
 SCHOOL CONSTRUCTION AUTHORITY DETERMINES THAT THERE IS NO  OTHER  APPRO-
 PRIATE  SITE  TO  ERECT  SUCH  SCHOOLHOUSE;  (II) IF SUCH SCHOOLHOUSE IS
 PLANNED TO CONTAIN A SECONDARY SCHOOL, THE COMMUNITY DISTRICT,  AS  SUCH
 TERM IS DEFINED IN SECTION TWENTY-FIVE HUNDRED NINETY-A OF THIS CHAPTER,
 IN  WHICH  THE SITE OF SUCH SCHOOLHOUSE IS TO BE LOCATED HAS A PROJECTED
 ENROLLMENT RATE FOR SECONDARY  SCHOOL  EDUCATION  GREATER  THAN  SEVENTY
 PERCENT OF ITS CAPACITY, BASED ON THE MOST RECENT REPORT ISSUED PURSUANT
 TO  SECTION  21-988  OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
 (III) IF SUCH SCHOOLHOUSE IS PLANNED TO CONTAIN AN ELEMENTARY SCHOOL  OR
 A  MIDDLE  SCHOOL,  THE  SUBDISTRICT, AS SUCH TERM IS DEFINED IN SECTION
 21-989 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN WHICH  THE
 SITE  OF  SUCH  SCHOOLHOUSE  IS TO BE LOCATED HAS A PROJECTED ENROLLMENT
 RATE FOR ELEMENTARY SCHOOL EDUCATION  OR  MIDDLE  SCHOOL  EDUCATION,  AS
 APPLICABLE,  GREATER THAN SEVENTY PERCENT OF CAPACITY, BASED ON THE MOST
 RECENT REPORT ISSUED PURSUANT TO SECTION 21-988 OF  SUCH  ADMINISTRATIVE
 CODE;  (IV)  THE  SITE  OF  SUCH  SCHOOLHOUSE IS LOCATED ON A PROPERTY A
 PORTION OF WHICH IS USED OR IS PLANNED TO BE  USED  FOR  RESIDENTIAL  OR
 COMMERCIAL  PURPOSES;  OR (V) PLANS FOR THE SCHOOLHOUSE INCLUDE ADEQUATE
 ENGINEERING CONTROLS  TO  ADDRESS  AIR  QUALITY,  BASED  ON  REGULATIONS
 PROMULGATED BY THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION.
   (B)  FOR  PURPOSES  OF THIS SUBDIVISION, NEITHER THE CONSTRUCTION OF A
 SCHOOLHOUSE UPON THE SITE OF AN EXISTING SCHOOLHOUSE NOR AN ADDITION NOR
 AN ANNEX CONSTRUCTED TO SERVE AN EXISTING SCHOOLHOUSE SHALL  BE  CONSID-
 ERED  CONSTRUCTION  OF  A NEW SCHOOLHOUSE. THIS SUBDIVISION SHALL NOT BE
 INTERPRETED TO CREATE A DIRECT OR INDIRECT RIGHT OF  ACTION  TO  ENFORCE
 ITS TERMS OR THE TERMS OF ANY OTHER PROVISION OF LAW.
   (C)  FOR  PURPOSES  OF THIS SUBDIVISION, A "CONTROLLED-ACCESS HIGHWAY"
 SHALL MEAN: (I) A CONTROLLED-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  CLAS-
 SIFIED  BY THE DEPARTMENT OF  TRANSPORTATION  AS  PRINCIPAL  ARTERIAL  -
 INTERSTATE  OR PRINCIPAL ARTERIAL - OTHER FREEWAY/EXPRESSWAY ON OFFICIAL
 FUNCTIONAL CLASSIFICATION   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 (II) A DIVIDED
 HIGHWAY UNDER THE JURISDICTION OF THE NEW YORK STATE THRUWAY   AUTHORITY
 FOR   MIXED TRAFFIC  WITH  ACCESS LIMITED  AS  THE  AUTHORITY MAY DETER-
 MINE AND GENERALLY WITH GRADE SEPARATIONS 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  with  respect  to
 construction  on  such  a  project;  and provided further that in a city
 school district in a city having a million inhabitants or  more,  a  new
 schoolhouse  construction project for which an advertisement for bids or
 requests for proposals for the planning, design or construction of  such
 project  was issued prior to such effective date or for which a site was
 selected pursuant to section 1732 of the public authorities law prior to
 such effective date shall be exempt from the provisions of this act.