Stirpe, Hevesi, Epstein, Raga, Maher, Burgos, Septimo, Shrestha, Simon
MLTSPNSR
Amd §§408 & 2556, Ed L
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, and there are adequate engineering controls to address air quality; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8998B
SPONSOR: Tapia 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 appropriate 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
(i) space is so limited that there is no other appropriate site to erect
such school; (ii) plans for such school include adequate engineering
controls to address air quality; and (iii) the school district has
demonstrated that other potential sites would pose equal or greater
hazards to health and safety.
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
thruway authority for mixed traffic with access limited as the authority
may determine and generally with grade separations at intersections.
The construction of a new schoolhouse upon the site of an existing
schoolhouse, or an addition or an annex constructed to serve an existing
schoolhouse, shall not be considered construction of a new schoolhouse.
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 new
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.
(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.l43
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.
STATE OF NEW YORK
________________________________________________________________________
8998--B
IN ASSEMBLY
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 -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted 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:
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
20 the commissioner of transportation which has been functionally classi-
21 fied by the department of transportation as principal arterial - inter-
22 state or principal arterial - other freeway/expressway on official func-
23 tional classification maps approved by the federal highway
24 administration pursuant to part 470.105 of title 23 of the code of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05407-06-4
A. 8998--B 2
1 federal regulations, as amended from time to time; and (ii) a divided
2 highway under the jurisdiction of the New York state thruway authority
3 for mixed traffic with access limited as the authority may determine and
4 generally with grade separations at intersections.
5 (d) Nothing in this subdivision shall be construed to create a private
6 right of action to enforce the terms of this subdivision.
7 § 3. Section 2556 of the education law is amended by adding a new
8 subdivision 5-a to read as follows:
9 5-a. (a) Notwithstanding subdivision three-a of section four hundred
10 eight of this chapter, it shall be unlawful for a new schoolhouse to be
11 constructed in the city of New York within five hundred feet of a cont-
12 rolled-access highway unless (i) the president of the New York city
13 school construction authority determines that there is no other appro-
14 priate site to erect such schoolhouse; (ii) if such schoolhouse is
15 planned to contain a secondary school, the community district, as such
16 term is defined in section twenty-five hundred ninety-a of this title,
17 in which the site of such schoolhouse is to be located has a projected
18 enrollment rate for secondary school education greater than seventy
19 percent of its capacity, based on the most recent report issued pursuant
20 to section 21-988 of the administrative code of the city of New York;
21 (iii) if such schoolhouse is planned to contain an elementary school or
22 a middle school, the subdistrict, as such term is defined in section
23 21-989 of the administrative code of the city of New York, in which the
24 site of such schoolhouse is to be located has a projected enrollment
25 rate for elementary school education or middle school education, as
26 applicable, greater than seventy percent of capacity, based on the most
27 recent report issued pursuant to section 21-988 of the administrative
28 code of the city of New York; (iv) the site of such schoolhouse is
29 located on a property a portion of which is used or is planned to be
30 used for residential or commercial purposes; or (v) plans for such
31 schoolhouse include adequate engineering controls to address air quali-
32 ty, based on regulations promulgated by the New York city department of
33 environmental protection.
34 (b) For purposes of this subdivision, neither the construction of a
35 new schoolhouse upon the site of an existing schoolhouse nor an addition
36 nor an annex constructed to serve an existing schoolhouse shall be
37 considered construction of a new schoolhouse.
38 (c) For purposes of this subdivision, a "controlled-access highway"
39 shall mean: (i) a controlled-access highway as defined by section one
40 hundred nine of the vehicle and traffic law under the jurisdiction
41 of the commissioner of transportation which has been functionally clas-
42 sified by the department of transportation as principal arterial -
43 interstate or principal arterial - other freeway/expressway on official
44 functional classification maps approved by the federal highway
45 administration pursuant to part 470.105 of title 23 of the code of
46 federal regulations, as amended from time to time; and (ii) a divided
47 highway under the jurisdiction of the New York state thruway authority
48 for mixed traffic with access limited as the authority may deter-
49 mine and generally with grade separations at intersections.
50 (d) Nothing in this subdivision shall be construed to create a private
51 right of action to enforce the terms of this subdivision.
52 § 4. This act shall take effect on the first of July next succeeding
53 the date upon which it shall have become a law; provided, however, that
54 sections two and three of this act shall take effect five years after it
55 shall have become a law; and provided, further, that school districts
56 which have a new schoolhouse construction project with advertisements
A. 8998--B 3
1 for bids or requests for proposals issued prior to such effective date,
2 or which have acquired real property to construct a new schoolhouse as
3 approved by the board of education or trustees of a school district, or
4 which have had a building permit issued by the state education depart-
5 ment shall be exempt from the provisions of this act with respect to
6 construction on such a project; and provided further that in a city
7 school district in a city having a million inhabitants or more, a new
8 schoolhouse construction project for which an advertisement for bids or
9 requests for proposals for the planning, design or construction of such
10 project was issued prior to such effective date or for which a site was
11 selected pursuant to section 1732 of the public authorities law prior to
12 such effective date shall be exempt from the provisions of this act.
