Bill Text: NY S00922 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2022-06-02 - SUBSTITUTED BY A5735C [S00922 Detail]
Download: New_York-2021-S00922-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 922--C 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. MAY, BRISPORT, MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Commit- tee on Finance -- 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 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. The commissioner shall not approve the plans for the erection of 6 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 space is so limited that there is no other site to erect such 9 schoolhouse. For purposes of this subdivision, a "controlled-access 10 highway" shall mean: (a) a controlled-access highway as defined by 11 section one hundred nine of the vehicle and traffic law under the juris- 12 diction of the commissioner of transportation which has been func- 13 tionally classified by the department of transportation as principal 14 arterial - interstate or principal arterial - other freeway/expressway 15 on official functional classification maps approved by the federal high- 16 way 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. LBD03773-08-2S. 922--C 2 1 federal regulations, as amended from time to time; and (b) 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 § 3. Section 2556 of the education law is amended by adding a new 6 subdivision 5-a to read as follows: 7 5-a. It shall be unlawful for a new schoolhouse to be constructed in 8 the city of New York within five hundred feet of a controlled-access 9 highway unless the chancellor determines that space is so limited that 10 there is no other site to erect such schoolhouse. For purposes of this 11 subdivision, a "controlled-access highway" shall mean: (a) a cont- 12 rolled-access highway as defined by section one hundred nine of the 13 vehicle and traffic law under the jurisdiction of the commissioner of 14 transportation which has been functionally classified by the department 15 of transportation as principal arterial - interstate or principal 16 arterial - other freeway/expressway on official functional classifica- 17 tion maps approved by the federal highway administration pursuant to 18 part 470.105 of title 23 of the code of federal regulations, as amended 19 from time to time; and (b) a divided highway under the jurisdiction of 20 the New York state thruway authority for mixed traffic with access 21 limited as the authority may determine and generally with grade sepa- 22 rations at intersections. 23 § 4. This act shall take effect on the first of July next succeeding 24 the date upon which it shall have become a law; provided, however, that 25 sections two and three of this act shall take effect five years after it 26 shall have become a law; and provided, further, that school districts 27 which have a new schoolhouse construction project with advertisements 28 for bids or requests for proposals issued prior to such effective date, 29 or which have acquired real property to construct a new schoolhouse as 30 approved by the board of education or trustees of a school district, or 31 which have had a building permit issued by the state education depart- 32 ment shall be exempt from the provisions of this act; and provided 33 further that in a city school district in a city having a million inhab- 34 itants or more, a new schoolhouse construction projects with advertise- 35 ments for bids or requests for proposals issued prior to such effective 36 date shall be exempt from the provisions of this act.
