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.

                             
                     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.