NY State Senate Bill 2023-S4550B

Senate Bill S4550B

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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Current Bill Status - Delivered to Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 12, 2024	delivered to governor
Jun 06, 2024	returned to senate passed assembly
Jun 03, 2024	ordered to third reading rules cal.338 substituted for a8998b referred to ways and means delivered to assembly passed senate ordered to third reading cal.1637 committee discharged and committed to rules
May 20, 2024	print number 4550b
May 20, 2024	amend and recommit to education
Apr 08, 2024	print number 4550a
Apr 08, 2024	amend and recommit to education
Jan 03, 2024	referred to education returned to senate died in assembly
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 3, 2024 - Floor Vote
  S4550B
  
  45
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2024
      
      aye (45)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (15)
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik
      
      excused (2)
      
      Brouk
      
      Walczyk
  Jun 6, 2023 - Floor Vote
  S4550B
  
  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 3, 2024 - Rules Committee Vote
  S4550B
  
  13
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 3, 2024
      
      aye (13)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (7)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Stec
  Jun 1, 2023 - Rules Committee Vote
  S4550B
  
  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

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2023-S4550 - Details

See Assembly Version of this Bill:: A8998
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 - 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-S4550 - 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 - 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.

co-Sponsors

View additional co-sponsors

2023-S4550A - Details

See Assembly Version of this Bill:: A8998
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-S4550A - Summary

2023-S4550A - Sponsor Memo

                                 
BILL NUMBER: S4550A

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

(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
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. This subdivision shall not be inter-
preted to create a direct or indirect right of action to enforce its
terms or the terms of any other provision of law.

(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.143

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.

2023-S4550A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4550--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05407-03-4
 S. 4550--A                          2

 
   § 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
 SCHOOL  CONSTRUCTION  AUTHORITY DETERMINES THAT THERE IS NO OTHER APPRO-
 PRIATE SITE TO ERECT SUCH  SCHOOLHOUSE;  (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 ADMINISTRATIVE 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) FOR PURPOSES OF THIS SUBDIVISION, NEITHER THE  CONSTRUCTION  OF  A
 SCHOOLHOUSE UPON THE SITE OF AN EXISTING SCHOOLHOUSE NOR AN ADDITION NOR
 AN  ANNEX  CONSTRUCTED TO SERVE AN EXISTING SCHOOLHOUSE SHALL BE CONSID-
 ERED CONSTRUCTION OF A NEW SCHOOLHOUSE. THIS SUBDIVISION  SHALL  NOT  BE
 INTERPRETED  TO  CREATE  A DIRECT OR INDIRECT RIGHT OF ACTION TO ENFORCE
 ITS TERMS OR THE TERMS OF ANY OTHER PROVISION OF LAW.
   (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 CLAS-
 SIFIED 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 (II) A DIVIDED
 HIGHWAY  UNDER THE JURISDICTION OF THE NEW YORK STATE THRUWAY  AUTHORITY
 FOR  MIXED TRAFFIC  WITH  ACCESS LIMITED  AS  THE  AUTHORITY MAY  DETER-
 MINE AND GENERALLY WITH GRADE SEPARATIONS 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 with respect to
 construction on such a project; and provided  further  that  in  a  city
 school  district  in  a city having a million inhabitants or more, a new
 S. 4550--A                          3

 schoolhouse construction project for which an advertisement for bids  or
 requests  for proposals for the planning, 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.

co-Sponsors

View additional co-sponsors

2023-S4550B (ACTIVE) - Details

See Assembly Version of this Bill:: A8998
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-S4550B (ACTIVE) - Summary

2023-S4550B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4550B

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 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 thru-
way 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, an addition, or an annex constructed to serve an existing
schoolhouse shall 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 ca1.449

05/31/22 passed assembly

05/31/22 delivered to senate

05/31/22 REFERRED TO FINANCE

06/02/22 SUBSTITUTED FOR S922C

06/02/22 3RD 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.143

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.

2023-S4550B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4550--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05407-07-4

 S. 4550--B                          2
 
 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
 FEDERAL  REGULATIONS,  AS  AMENDED FROM TIME TO TIME; 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.
   (D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CREATE A PRIVATE
 RIGHT OF ACTION TO ENFORCE THE TERMS OF THIS SUBDIVISION.
   §  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
 SCHOOL CONSTRUCTION AUTHORITY DETERMINES THAT THERE IS NO  OTHER  APPRO-
 PRIATE  SITE  TO  ERECT  SUCH  SCHOOLHOUSE;  (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 TITLE,
 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 ADMINISTRATIVE 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 THE ADMINISTRATIVE
 CODE OF THE CITY OF NEW YORK; (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  SUCH
 SCHOOLHOUSE  INCLUDE ADEQUATE ENGINEERING CONTROLS TO ADDRESS AIR QUALI-
 TY, BASED ON REGULATIONS PROMULGATED BY THE NEW YORK CITY DEPARTMENT  OF
 ENVIRONMENTAL PROTECTION.
   (B)  FOR  PURPOSES  OF THIS SUBDIVISION, NEITHER THE CONSTRUCTION OF A
 NEW SCHOOLHOUSE UPON THE SITE OF AN EXISTING SCHOOLHOUSE NOR AN ADDITION
 NOR AN ANNEX CONSTRUCTED TO  SERVE  AN  EXISTING  SCHOOLHOUSE  SHALL  BE
 CONSIDERED CONSTRUCTION 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  CLAS-
 SIFIED  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 (II) A DIVIDED
 HIGHWAY UNDER THE JURISDICTION OF THE NEW YORK STATE THRUWAY   AUTHORITY
 FOR   MIXED TRAFFIC  WITH  ACCESS LIMITED  AS  THE  AUTHORITY MAY DETER-
 MINE AND GENERALLY WITH GRADE SEPARATIONS AT INTERSECTIONS.
   (D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CREATE A PRIVATE
 RIGHT OF ACTION TO ENFORCE THE TERMS OF THIS SUBDIVISION.
 S. 4550--B                          3
 
   § 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  with  respect  to
 construction  on  such  a  project;  and provided further that in a city
 school district in a city having a million inhabitants or  more,  a  new
 schoolhouse  construction project for which an advertisement for bids or
 requests for proposals for the planning, 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.

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Senate Bill S4550B

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Current Bill Status - Delivered to Governor

Bill Amendments

co-Sponsors

2023-S4550 - Details

2023-S4550 - Summary

2023-S4550 - Sponsor Memo

2023-S4550 - Bill Text download pdf

co-Sponsors

2023-S4550A - Details

2023-S4550A - Summary

2023-S4550A - Sponsor Memo

2023-S4550A - Bill Text download pdf

co-Sponsors

2023-S4550B (ACTIVE) - Details

2023-S4550B (ACTIVE) - Summary

2023-S4550B (ACTIVE) - Sponsor Memo

2023-S4550B (ACTIVE) - Bill Text download pdf

Comments