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S04550 Summary:

S04550 Actions:

S04550 Committee Votes:

S04550 Floor Votes:

S04550 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4550--B
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 10, 2023
                                       ___________
 
        Introduced  by  Sens.  MAY,  BORRELLO, BRISPORT, HOYLMAN-SIGAL, JACKSON,
          MANNION, MYRIE, RIVERA -- read twice and  ordered  printed,  and  when
          printed  to  be committed to the Committee on Education -- recommitted
          to the Committee on Education in accordance with Senate Rule 6, sec. 8
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to  said  committee  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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:
 
     1    Section  1.  This  act shall be known and may be cited as the "schools
     2  impacted by gross highways (SIGH) act".
     3    § 2. Section 408 of the education law  is  amended  by  adding  a  new
     4  subdivision 3-a to read as follows:
     5    3-a. (a) The commissioner shall not approve the plans for the erection
     6  of  any  new schoolhouse within five hundred feet of a controlled-access
     7  highway as defined in this subdivision unless  the  commissioner  deter-
     8  mines  that  (i)  space is so limited that there is no other appropriate
     9  site to erect such schoolhouse; (ii) plans for such schoolhouse  include
    10  adequate  engineering  controls  to  address  air quality; and (iii) the
    11  school district has demonstrated that other potential sites  would  pose
    12  equal or greater hazards to health and safety.
    13    (b)  For  purposes  of  this  subdivision,  the  construction of a new
    14  schoolhouse  upon  the  site  of  an  existing   schoolhouse,   or   the
    15  construction  of  an  addition or annex constructed to serve an existing
    16  schoolhouse, shall not be considered erection of a new schoolhouse.
    17    (c) For purposes of this subdivision,  a  "controlled-access  highway"
    18  shall  mean:  (i)  a controlled-access highway as defined by section one
    19  hundred nine of the vehicle and traffic law under  the  jurisdiction  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05407-07-4
        S. 4550--B                          2
 
     1  the  commissioner  of transportation which has been functionally classi-
     2  fied by the department of transportation as principal arterial -  inter-
     3  state or principal arterial - other freeway/expressway on official func-
     4  tional   classification   maps   approved   by   the   federal   highway
     5  administration pursuant to part 470.105 of  title  23  of  the  code  of
     6  federal  regulations,  as  amended from time to time; and (ii) a divided
     7  highway under the jurisdiction of the New York state  thruway  authority
     8  for mixed traffic with access limited as the authority may determine and
     9  generally with grade separations at intersections.
    10    (d) Nothing in this subdivision shall be construed to create a private
    11  right of action to enforce the terms of this subdivision.
    12    §  3.  Section  2556  of  the education law is amended by adding a new
    13  subdivision 5-a to read as follows:
    14    5-a. (a) Notwithstanding subdivision three-a of section  four  hundred
    15  eight  of this chapter, it shall be unlawful for a new schoolhouse to be
    16  constructed in the city of New York within five hundred feet of a  cont-
    17  rolled-access  highway    unless  (i) the president of the New York city
    18  school construction authority determines that there is no  other  appro-
    19  priate  site  to  erect  such  schoolhouse;  (ii) if such schoolhouse is
    20  planned to contain a secondary school, the community district,  as  such
    21  term  is  defined in section twenty-five hundred ninety-a of this title,
    22  in which the site of such schoolhouse is to be located has  a  projected
    23  enrollment  rate  for  secondary  school  education greater than seventy
    24  percent of its capacity, based on the most recent report issued pursuant
    25  to section 21-988 of the administrative code of the city  of  New  York;
    26  (iii)  if such schoolhouse is planned to contain an elementary school or
    27  a middle school, the subdistrict, as such term  is  defined  in  section
    28  21-989  of the administrative code of the city of New York, in which the
    29  site of such schoolhouse is to be located  has  a  projected  enrollment
    30  rate  for  elementary  school  education  or middle school education, as
    31  applicable, greater than seventy percent of capacity, based on the  most
    32  recent  report  issued  pursuant to section 21-988 of the administrative
    33  code of the city of New York; (iv)  the  site  of  such  schoolhouse  is
    34  located  on  a  property  a portion of which is used or is planned to be
    35  used for residential or commercial  purposes;  or  (v)  plans  for  such
    36  schoolhouse  include adequate engineering controls to address air quali-
    37  ty, based on regulations promulgated by the New York city department  of
    38  environmental protection.
    39    (b)  For  purposes  of this subdivision, neither the construction of a
    40  new schoolhouse upon the site of an existing schoolhouse nor an addition
    41  nor an annex constructed to  serve  an  existing  schoolhouse  shall  be
    42  considered construction of a new schoolhouse.
    43    (c)  For  purposes  of this subdivision, a "controlled-access highway"
    44  shall mean: (i) a controlled-access highway as defined by section    one
    45  hundred   nine  of the vehicle  and  traffic  law under the jurisdiction
    46  of the commissioner of transportation which has been functionally  clas-
    47  sified  by the department of  transportation  as  principal  arterial  -
    48  interstate  or principal arterial - other freeway/expressway on official
    49  functional classification   maps   approved   by   the  federal  highway
    50  administration  pursuant  to  part  470.105  of  title 23 of the code of
    51  federal regulations, as  amended from  time  to time; and (ii) a divided
    52  highway under the jurisdiction of the New York state thruway   authority
    53  for   mixed traffic  with  access limited  as  the  authority may deter-
    54  mine and generally with grade separations at intersections.
    55    (d) Nothing in this subdivision shall be construed to create a private
    56  right of action to enforce the terms of this subdivision.
        S. 4550--B                          3
 
     1    § 4. This act shall take effect on the first of July  next  succeeding
     2  the  date upon which it shall have become a law; provided, however, that
     3  sections two and three of this act shall take effect five years after it
     4  shall have become a law; and provided, further,  that  school  districts
     5  which  have  a  new schoolhouse construction project with advertisements
     6  for bids or requests for proposals issued prior to such effective  date,
     7  or  which  have acquired real property to construct a new schoolhouse as
     8  approved by the board of education or trustees of a school district,  or
     9  which  have  had a building permit issued by the state education depart-
    10  ment shall be exempt from the provisions of this  act  with  respect  to
    11  construction  on  such  a  project;  and provided further that in a city
    12  school district in a city having a million inhabitants or  more,  a  new
    13  schoolhouse  construction project for which an advertisement for bids or
    14  requests for proposals for the planning, design or construction of  such
    15  project  was issued prior to such effective date or for which a site was
    16  selected pursuant to section 1732 of the public authorities law prior to
    17  such effective date shall be exempt from the provisions of this act.