Senate Bill S4550

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 - Passed Senate & 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-S4550 - Details

See Assembly Version of this Bill:
A3287
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

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
              

co-Sponsors

2023-S4550A - Details

See Assembly Version of this Bill:
A3287
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

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-S4550A - Sponsor Memo

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
              

co-Sponsors

2023-S4550B (ACTIVE) - Details

See Assembly Version of this Bill:
A3287
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

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-S4550B (ACTIVE) - Sponsor Memo

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
              

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