NY State Senate Bill 2023-S4550

Senate Bill S4550

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2023	ordered to third reading rules cal.787 substituted for a3287
Jun 06, 2023	referred to education delivered to assembly passed senate
Jun 01, 2023	ordered to third reading cal.1480 committee discharged and committed to rules
Feb 10, 2023	referred to education

Votes

- Jun 6, 2023 - Floor Vote
  S4550
  
  45
  
  Aye
  
  17
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2023
      
      aye (45)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (17)
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rhoads
      
      Rolison
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (1)
      
      Felder
  Jun 1, 2023 - Rules Committee Vote
  S4550
  
  15
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2023
      
      aye (15)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (5)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Ortt
      
      Stec
      
      aye wr (1)
      
      Lanza

co-Sponsors

View additional co-sponsors

2023-S4550 (ACTIVE) - Details

See Assembly Version of this Bill:: A3287
Law Section:: Education Law
Laws Affected:: Amd §§408 & 2556, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8877, A10998
2021-2022: S922, A5735

2023-S4550 (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.

2023-S4550 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4550

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 the chancellor determines that space is so
limited that there is no other site to erect such school. A "cont-
rolled-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
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.

 
FISCAL IMPACT:

To be determined.

 
LEGISLATIVE HISTORY:

2021-2022: S.922 (May) / A.7535 (Joyner) *vetoed*

2019-2020: S.8877 (May) / A.10998 (Joyner)

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
upon which it shall have become a law.

2023-S4550 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4550
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced  by  Sens.  MAY, BRISPORT, JACKSON, MANNION -- read twice and
   ordered printed, and when printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05407-01-3

 S. 4550                             2
 
 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
 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.

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