BILL NUMBER: S4550A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the education law, in relation to enacting the "schools
impacted by gross highways (SIGH) act"

 
PURPOSE:

The purpose of this bill is to prohibit the construction of new schools
within 500 hundred feet of a controlled-access highway unless space is
so limited that there is no other site to erect a school.

 
SUMMARY OF PROVISIONS:

Section 1: sets the name.

Section 2: adds a new subdivision 3-a to section 408 of the education
law. This new subdivision prohibits the commissioner of education from
approving the plans for the erection of any new school within 500 feet
of a controlled-access highway unless the commissioner determines that
              

space is so limited that there is no other site to erect such school. 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 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 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
(b) a divided highway under the jurisdiction of the New York state thru-
way authority for mixed traffic with access limited as the authority may
determine and generally with grade separations at intersections.

Section 3: adds a new subdivision 5-a to section 2556 of the education
law. This new subdivision provides that it is unlawful for a new school
to be constructed in the City of New York within 500 feet of a cont-
rolled-access highway unless

(i) The president of the New York City school construction authority
determines that there is no other appropriate site to erect such school-
house;

(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 administra-
tive 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) The new subdivision provides that neither the construction of a
schoolhouse upon the site of an existing schoolhouse, an addition, or an
annex constructed to serve an existing schoolhouse shall be considered
construction of a new schoolhouse. This subdivision shall not be inter-
preted to create a direct or indirect right of action to enforce its
terms or the terms of any other provision of law.

(c) This new subdivision provides that 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 is functionally 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 highway administration; 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 determine and generally with grade separations at intersections.

Section 4: Establishes the bill will take effect on the first of July
next succeeding its having become law but provides that sections 2 and 3
of this act shall take effect 5 years after its having become law.

Additionally provides 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 of trustees of a school district, or which have had a building
permit issued by the state education department 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 of more, a new schoolhouse construction project for
which an advertisement for bids or requests for proposals for the plan-
ning, 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.

 
FISCAL IMPACT :

To be determined.

 
LEGISLATIVE HISTORY:

September 2020 - Assembly Bill A.10998 Referred to Transportation

02/24/21 referred to transportation

11/05/21 amend (t) and recommit to transportation

11/05/21 print number 5735a

01/05/22 referred to transportation

05/19/22 amend (t) and recommit to transportation

05/19/22 print number 5735b

05/25/22 reported referred to rules

05/27/22 amend and recommit to rules 5735c

05/31/22 reported

05/31/22 rules report cal.449

05/31/22 ordered to third reading rules cal.449

05/31/22 passed assembly

05/31/22 delivered to senate

05/31/22 REFERRED TO FINANCE

06/02/22 SUBSTITUTED FOR S922C

06/02/223RD READING CAL.1862

06/02/22 PASSED SENATE

06/02/22 RETURNED TO ASSEMBLY

12/12/22 delivered to governor

12/23/22 vetoed memo.143

12/23/22 tabled

 
EFFECTIVE DATE:
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 prior to such effective
date, or which have acquired real property to construct a new school-
house as approved by the board of education or trustees of a school, 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, school construction projects with advertisements for
bids or requests for proposals issued prior to such effective date shall
be exempt from the provisions of this act.