Assembly Bill A8998B

2023-2024 Legislative Session

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

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Sponsored By

Current Bill Status Via S4550 - Passed Assembly

  • 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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Bill Amendments

co-Sponsors

2023-A8998 - Details

See Senate Version of this Bill:
S4550
Law Section:
Education Law
Laws Affected:
Amd §§408 & 2556, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10998, S8877
2021-2022: A5735, S922

2023-A8998 - 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, and there are adequate engineering controls to address air quality; makes related provisions.

2023-A8998 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8998
 
                           I N  A S S E M B L Y
 
                             February 1, 2024
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Transportation
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-A8998A - Details

See Senate Version of this Bill:
S4550
Law Section:
Education Law
Laws Affected:
Amd §§408 & 2556, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10998, S8877
2021-2022: A5735, S922

2023-A8998A - 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, and there are adequate engineering controls to address air quality; makes related provisions.

2023-A8998A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8998--A
 
                           I N  A S S E M B L Y
 
                             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
 
 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. (A) NOTWITHSTANDING SUBDIVISION THREE-A OF SECTION  FOUR  HUNDRED
 EIGHT  OF THIS CHAPTER, IT SHALL BE UNLAWFUL FOR A NEW SCHOOLHOUSE TO BE
 CONSTRUCTED IN THE CITY OF NEW YORK WITHIN FIVE HUNDRED FEET OF A  CONT-
 ROLLED-ACCESS  HIGHWAY    UNLESS  (I) THE PRESIDENT OF THE NEW YORK CITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-A8998B (ACTIVE) - Details

See Senate Version of this Bill:
S4550
Law Section:
Education Law
Laws Affected:
Amd §§408 & 2556, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10998, S8877
2021-2022: A5735, S922

2023-A8998B (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, and there are adequate engineering controls to address air quality; makes related provisions.

2023-A8998B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8998--B
 
                           I N  A S S E M B L Y
 
                             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:
 
   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. (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 (I) SPACE IS SO LIMITED THAT THERE IS  NO  OTHER  APPROPRIATE
 SITE  TO ERECT SUCH SCHOOLHOUSE; (II) PLANS FOR SUCH SCHOOLHOUSE 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.
   (B) FOR PURPOSES OF  THIS  SUBDIVISION,  THE  CONSTRUCTION  OF  A  NEW
 SCHOOLHOUSE   UPON   THE   SITE  OF  AN  EXISTING  SCHOOLHOUSE,  OR  THE
 CONSTRUCTION OF AN ADDITION OR ANNEX CONSTRUCTED TO  SERVE  AN  EXISTING
 SCHOOLHOUSE, SHALL NOT BE CONSIDERED ERECTION OF A NEW SCHOOLHOUSE.
   (C)  FOR  PURPOSES  OF THIS SUBDIVISION, 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 HAS BEEN  FUNCTIONALLY  CLASSI-
 FIED  BY THE DEPARTMENT OF TRANSPORTATION AS PRINCIPAL ARTERIAL - INTER-
 STATE OR PRINCIPAL ARTERIAL - OTHER FREEWAY/EXPRESSWAY ON OFFICIAL FUNC-
 TIONAL   CLASSIFICATION   MAPS   APPROVED   BY   THE   FEDERAL   HIGHWAY
 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.

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