New York Assembly Bill A03287 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3287 2023-2024 Regular Sessions  IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred 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: 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 17 federal regulations, as amended from time to time; and (b) a divided 18 highway under the jurisdiction of the New York state thruway authority 19 for mixed traffic with access limited as the authority may determine and 20 generally with grade separations at intersections. 21 § 3. Section 2556 of the education law is amended by adding a new 22 subdivision 5-a to read as follows: 23 5-a. It shall be unlawful for a new schoolhouse to be constructed in 24 the city of New York within five hundred feet of a controlled-access 25 highway unless the chancellor determines that space is so limited that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05407-01-3 
 A. 3287 2 1 there is no other site to erect such schoolhouse. For purposes of this 2 subdivision, a "controlled-access highway" shall mean: (a) a cont- 3 rolled-access highway as defined by section one hundred nine of the 4 vehicle and traffic law under the jurisdiction of the commissioner of 5 transportation which has been functionally classified by the department 6 of transportation as principal arterial - interstate or principal 7 arterial - other freeway/expressway on official functional classifica- 8 tion maps approved by the federal highway administration pursuant to 9 part 470.105 of title 23 of the code of federal regulations, as amended 10 from time to time; and (b) a divided highway under the jurisdiction of 11 the New York state thruway authority for mixed traffic with access 12 limited as the authority may determine and generally with grade sepa- 13 rations at intersections. 14 § 4. This act shall take effect on the first of July next succeeding 15 the date upon which it shall have become a law; provided, however, that 16 sections two and three of this act shall take effect five years after it 17 shall have become a law; and provided, further, that school districts 18 which have a new schoolhouse construction project with advertisements 19 for bids or requests for proposals issued prior to such effective date, 20 or which have acquired real property to construct a new schoolhouse as 21 approved by the board of education or trustees of a school district, or 22 which have had a building permit issued by the state education depart- 23 ment shall be exempt from the provisions of this act; and provided 24 further that in a city school district in a city having a million inhab- 25 itants or more, a new schoolhouse construction projects with advertise- 26 ments for bids or requests for proposals issued prior to such effective 27 date shall be exempt from the provisions of this act.