|SAME AS||SAME AS S05824|
|Amd SS3, 7, 8 & 14, Chap 592 of 1998|
|Relates to the powers, duties and jurisdiction of the Hudson river park trust and boundaries and uses of the Hudson river park.|
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STATE OF NEW YORK ________________________________________________________________________ 8031 2013-2014 Regular Sessions IN ASSEMBLY June 16, 2013 ___________ Introduced by M. of A. GOTTFRIED, GLICK -- read once and referred to the Committee on Cities AN ACT to amend the Hudson river park act, in relation to the rights, powers, duties and jurisdiction of the Hudson river park trust and the boundaries and uses of the Hudson river park The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature hereby 2 finds, determines and declares the following: 3 The planning, development and operation of the Hudson River Park as a 4 public park continue to be a matter of importance to the state. As 5 detailed in the 1998 law creating the park and the trust, chapter 592 of 6 the laws of 1998, the creation, development, operation and maintenance 7 of the Hudson River Park will enhance and protect the natural, cultural 8 and historic aspects of the Hudson River, enhance and afford quality 9 public access to the river, allow for an array of cultural and recre- 10 ational programs and provide a host of other public benefits. The limit- 11 ed changes and additional rights provided by the amendment of the 1998 12 law by this act are intended to be consistent with the park's general 13 project plan as defined in chapter 592 of the laws of 1998, which 14 continues to be the operative planning document guiding park develop- 15 ment, protection and reuse of a portion of the Hudson River waterfront 16 in lower Manhattan south of 59th street, and are intended to ensure the 17 realization of that vision and the park's continuing viability for years 18 to come. Nothing herein is intended to alter or override any prior 19 determinations concerning park planning, development or operation. 20 § 2. Section 3 of chapter 592 of the laws of 1998, constituting the 21 Hudson river park act, is amended to read as follows: 22 § 3. Definitions. As used in this act, the following terms shall have 23 the following meanings, unless the context clearly requires otherwise: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11550-01-3A. 8031 2 1 (a) "Board" means the board of directors of the Hudson river park 2 trust. 3 (b) "Compatible governmental use" means a use within the park that is 4 compatible with park use in accordance with the purposes of this act, 5 such as necessary and appropriate sewage, utility, and ventilation 6 connections, and private utilities, including the repair, maintenance, 7 operation, and replacement thereof; public safety facilities necessary 8 for the maintenance and operation of the park; the marine company one 9 fire boat station on pier 53; and the city of New York department of 10 sanitation water-dependent marine transfer station on pier 99. 11 (c) "Floating structure" means any vessel or other water-supported 12 structure, including a floating dock, which is bordered by either open 13 water or a dock and which is or is intended to be moored or attached to 14 a pier, wharf, dock, platform, bulkhead or floatation system for a peri- 15 od of more than six months; provided however, that such definition shall 16 not include historic ships or vessels, as determined by the trust 17 through rules and regulations. Support by means of a cradle or as a 18 result of natural siltation shall not exclude from this definition a 19 structure normally supported by water. 20 (d) "General project plan" means the Hudson river park concept & 21 financial plan, dated May, 1995, as modified in the May 20, 1998 final 22 environmental impact statement, and any successor plan or statement of 23 findings created thereafter consistent with the state environmental 24 quality review act; provided that the general project plan shall be 25 consistent with this act. 26 (e) "Hudson river park" or "park" means the area in the city and coun- 27 ty of New York within the following boundaries, but excluding pier 76 28 except as otherwise provided in paragraph (c) of subdivision nine of 29 section seven of this act and piers 78, 88, 90, 92 and 94 and their 30 associated upland areas: 31 (i) the southern boundary shall be the northern [ boundary of Battery32 Place and Battery Place extended, provided that the Battery Park city33 project area as defined in section 1972 of the public authorities law34 shall not be included within the boundaries of the park] seawall of 35 Battery park city as extended easterly to the western boundary of the 36 route 9-A bikeway; 37 (ii) the northern boundary shall be the northern boundary of 59th 38 street and 59th street extended; 39 (iii) the western boundary shall be the United States pierhead line; 40 and 41 (iv) the eastern boundary shall be the western boundary of West 42 street, eleventh avenue or twelfth avenue (whichever boundary is more 43 westerly at any point); provided that as any portion of the state high- 44 way route 9-A is completed, as certified by the commissioner of trans- 45 portation of the state, the eastern boundary of the park adjacent to 46 that portion shall be the western boundary of state highway route 9-A; 47 provided that the department of transportation shall retain a temporary 48 easement over all lands east of the bulkhead during the period of 49 construction of route 9-A for the sole purpose of completing 50 construction; and provided further that (A) Thomas F. Smith Park as will 51 be rebuilt as part of the route 9-A project, (B) the area bounded by 52 14th street, 15th street, tenth avenue and route 9-A, and (C) any addi- 53 tional land adjacent to the park or adjacent to route 9-A acquired in 54 accordance with the provisions of this act to expand the park shall be 55 part of the park; and provided further that any pier or upland area 56 which is privately owned shall not be deemed part of the park forA. 8031 3 1 purposes of this act unless transferred to or acquired by the city or 2 state and made part of the park. 3 (f) "Incompatible governmental use" means a governmental use within 4 the park that is not a compatible governmental use or is otherwise 5 incompatible with park use in accordance with the purposes of this act, 6 such as sanitation-truck parking, bus parking, and police impound lots 7 and storage facilities. 8 (g) "Park/commercial use" means a use that is not a prohibited use and 9 is compatible with park use, and that is: 10 (i) a transportation water dependent use, including commercial mari- 11 time and marine ferry terminals; 12 (ii) an entertainment, retail, restaurant, broadcast, television, or 13 film or media studio facility, commercial recreational use, commercial 14 amusements, performing arts, schools and educational facilities; 15 (iii) limited parking spaces incidental to permitted uses; 16 (iv) solely at piers 59, 60, and 61 and the headhouse 17 (commonly known as "Chelsea Piers") the uses authorized at such piers 18 and headhouse as of the effective date of this act[ , including, but not19 limited to, sports and studio facilities]; [ or] 20 (v) a non-tourism/non-recreation heliport for commercial and emergen- 21 cy transportation use[ .]; and 22 (vi) solely at pier 57, business, professional or governmental 23 offices; 24 (h) "Park use" means: 25 (i) public park uses, including passive and active public open space 26 uses; 27 (ii) public recreation, amusement rides and entertainment, including 28 the arts and performing arts, on open spaces; 29 (iii) public recreation, amusement rides and entertainment, including 30 the arts and performing arts within enclosed structures subject to the 31 limitations on such structures specified in subdivision nine of section 32 seven of this act; 33 (iv) small-scale boating for recreational and educational purposes 34 that enhance park users' access to, and enjoyment of, the water; 35 (v) environmental education and research, including museums subject to 36 the limitations specified in subdivision nine of section seven of this 37 act; 38 (vi) historic or cultural preservation including historic ships and 39 vessels; 40 (vii) wildlife and habitat protection; and 41 (viii) facilities incidental to public access to, and use and enjoy- 42 ment of park uses, such as concession stands, information stands, 43 comfort stations, boathouses, marinas, water taxis, and stands at which 44 bicycles, skates, deck chairs, beach umbrellas, fishing tackle, other 45 sports equipment or other similar products are rented or sold on a small 46 scale basis which is incidental to such use or at which water-taxi tick- 47 ets or other tourist attraction passes or meals are provided or sold, 48 subject to the limitations on such structures specified in subdivision 49 nine of section seven of this act. 50 Provided that the following shall apply: (A) enclosed structures on 51 piers and other areas designated for park use shall be subject to the 52 limitations on such structures specified in subdivision nine of section 53 seven of this act, (B) in no event shall the following be deemed to 54 constitute a "park use": any amusement park, television or film studio, 55 commercial cinema or other for-profit entertainment facility, or any 56 parking facilities (except for temporary spaces for deliveries or asA. 8031 4 1 necessary to meet local, state or federal requirements regarding access 2 for disabled persons); [ and] (C) as used in this subdivision, "amusement 3 rides" shall mean carousels and other small scale rides owned or oper- 4 ated by or on behalf of the trust that are intended for children 5 provided that, any such "amusement rides" must be located west of the 6 bulkhead and, provided further that a ferris wheel or other observation 7 ride or tourist attraction shall not be considered a "park use"; and (D) 8 the overall policy within the park shall be to provide free or nominal- 9 cost recreational opportunities to the public on a broad basis. 10 (i) "Permitted use" means: 11 (i) park use; 12 (ii) park/commercial use; 13 (iii) compatible governmental use; 14 (iv) uses permitted under any lease, permit, license, or other instru- 15 ment in effect upon the effective date of this act, whether or not a 16 prohibited use under this act, but only pursuant to the terms of the 17 instrument and only for the term thereof or pursuant to any extension 18 according to the terms thereof if, but only if, the option to extend is 19 exercised solely by and is a contractual right of the lessee, permittee, 20 licensee or other contractual user, and subject to the deadlines for the 21 removal or relocation of incompatible governmental uses under subdivi- 22 sion nine of section seven of this act. 23 (j) "Prohibited use" means any of the following uses: 24 (i) residential; 25 (ii) manufacturing, except in furtherance of and incidental to park 26 uses, provided that small scale creation of artisan foods or other craft 27 products shall not be considered manufacturing; 28 (iii) [ commercial office and] warehousing[ , except office space inci-29 dental to a permitted use]; 30 (iv) hotel; 31 (v) incompatible governmental uses; 32 (vi) casino and riverboat gambling, and the docking of vessels to be 33 used substantially for gambling or for transportation to such a vessel; 34 (vii) any facility for motorized aircraft, including a heliport except 35 a heliport which is defined as a park/commercial use; [ and] 36 (viii) commercial office, except office space that is incidental to a 37 permitted use, and further provided that such prohibition shall not 38 apply to pier 57; and 39 (ix) other uses determined by the trust to be incompatible with the 40 purposes of this act. 41 (k) "Hudson river park trust" or "trust" means the public benefit 42 corporation established pursuant to section five of this act. 43 (l) "Water section" means all the area of the park west of the bulk- 44 head line, including the water, lands under water and space above the 45 water, but not including the piers and float bridge as they exist on the 46 effective date of this act. 47 (m) "Water dependent use" excludes any prohibited use and means: 48 (i) any use that depends on utilization of resources found in the 49 water section; 50 (ii) recreational activities that depend on access to the water 51 section, such as fishing, boating, swimming in such waters, passive 52 enjoyment of the Hudson river and wildlife protection and viewing; 53 (iii) facilities and incidental structures needed to dock and service 54 boats; [ and] 55 (iv) scientific and educational activities that by their nature 56 require access to marine reserve waters[ .];A. 8031 5 1 (v) the development, operation and maintenance of a non-tourism/non- 2 recreational heliport located between west 29th and west 32nd streets 3 provided (A) that there shall be no structures other than the helicopter 4 take-off or landing pads built on floating structures; and (B) such 5 floating structures shall be no higher than a pier deck at low tide; and 6 (vi) mooring or docking of a barge used as part of a cultural, educa- 7 tional, historic or other public programming in the park; provided that 8 no more than two barges may be moored or docked per year and provided 9 further that the duration of any such mooring or docking of a barge 10 shall be limited to six months per year at any location within the boun- 11 daries of the park. 12 (n) "Passive and active public open space uses" mean lawns, espla- 13 nades, open pier surfaces, areas for strolling and sitting, picnicking 14 areas and open space areas for sports, exercise and active play includ- 15 ing, playgrounds, ball fields, playing courts, and areas for running, 16 biking and [ rollerblading] in-line skating and similar recreational 17 activities. 18 § 3. Subdivision 1 of section 7 of chapter 592 of the laws of 1998, 19 constituting the Hudson river park act, is amended and a new subdivision 20 1-a is added to read as follows: 21 1. To fulfill its purposes under this act, the trust shall have the 22 following powers, functions, duties and authority subject to the limita- 23 tions set forth in this act: 24 (a) to plan, design, develop, construct, operate, and maintain the 25 Hudson river park; 26 (b) to provide for the health, safety and welfare of the public using 27 facilities under its jurisdiction; 28 (c) to establish an advisory council; 29 (d) to exercise the following general corporate powers: 30 (i) to make and alter by-laws for its organization and internal 31 management; 32 (ii) to adopt, amend or rescind such rules, regulations and orders as 33 may be necessary or convenient for the performance or exercise of the 34 functions, powers and duties of the trust in accordance with the 35 provisions of this act; 36 (iii) to enter into contracts, including customary trade credits in 37 the ordinary course of business, with any person and do all things 38 necessary or convenient to carry out the functions, powers and duties of 39 the trust; 40 (iv) to conduct meetings and hearings with respect to any matter under 41 the jurisdiction and control of the trust; 42 (v) to bring or defend such actions, suits or proceedings as may be 43 necessary or proper to perform any of the powers, functions and duties 44 of the trust; 45 (vi) to exercise and perform such other functions, powers and duties 46 as shall have been or may be from time to time conferred or imposed by 47 or pursuant to law; 48 (vii) to appoint such officers and employees as it may require for the 49 performance of its duties, and to fix and determine their qualifica- 50 tions, duties, and compensation and to retain or employ such persons as 51 landscape architects, architects, historians, ecologists, marine biol- 52 ogists, educators, engineers, counsel, auditors, and private consultants 53 on a contract basis or otherwise to render professional or technical 54 services and advice;A. 8031 6 1 (viii) to submit legal matters to the attorney general of the state 2 who [ may] shall furnish any necessary legal services and advice required 3 to assist the trust in accomplishing its corporate purposes; 4 (ix) to designate the depositories of its money and the persons 5 authorized to sign checks and other such instruments on its behalf; 6 (x) to establish and re-establish its fiscal year; 7 (xi) to procure insurance against any loss in connection with its 8 property and other assets and operations in such amount and from such 9 insurers as it deems appropriate, or enter into self-insurance agree- 10 ments with the city and state of New York to insure against any such 11 loss; 12 (xii) to apply for or accept any gifts or grants of funds or personal 13 property or financial or other aid in any form from the federal govern- 14 ment, the state or the city of New York or any agency or instrumentality 15 of any of the foregoing, or from any other source, in furtherance of the 16 performance of the trust's functions, duties and authority under this 17 act; and 18 (xiii) to prepare and approve an annual budget for its operations. 19 (e) to work with the state, the city of New York, agencies and instru- 20 mentalities thereof and other public and private entities in order to 21 develop interim programming for both recreational and revenue-producing 22 uses within the boundaries of the park; 23 (f) to provide for meaningful public notice, participation, consulta- 24 tion and review in the planning, development and operation of the park, 25 which shall include, but not limited to (i) consultation with community 26 boards one, two and four within the Borough of Manhattan, the Advisory 27 Council, elected officials representing communities neighboring the park 28 and appropriate community, civic and advocacy organizations and (ii) 29 timely and reasonable notification to such individuals and groups and 30 appropriate news media of each meeting of the trust and any public hear- 31 ings regarding significant plans or proposed actions with respect to the 32 park; 33 (g) to develop and oversee an annual financing plan that will combine 34 contributions from the federal government, the state, the city of New 35 York and private sources for the planning and development of the park; 36 (h) to contract with any governmental entity for the trust to operate 37 and maintain any public property (that could be acquired to be added to 38 the park under this act) as if it were part of the park; [ and] 39 (i) to regulate the safe operation of vessels within the pier head 40 line[ .]; 41 (j) to transfer by sale any unused development rights as may be avail- 42 able for transfer to properties located up to one block east of the 43 boundaries of the park along the west side of Manhattan, if and to the 44 extent designated and permitted under local zoning ordinances provided 45 however that revenues derived from the transfer of air rights from pier 46 40 must be used in the first instance for the repair of pier 40 infras- 47 tructure including piles and roof, after which any excess revenues may 48 be used by the trust for other uses permitted by this act. The proceeds 49 of such sales shall be paid to and be the property of the trust. The 50 state and the city of New York, each with respect to any transfer of 51 unused development rights related to its real property in the park, 52 shall expeditiously execute any required documents as may be needed to 53 effectuate such transfer; 54 (k) to establish, fix, revise, levy and collect or cause to be estab- 55 lished, fixed, revised, levied and collected, a fee from each passenger 56 traveling on a commercial passenger vessel of up to two dollars on eachA. 8031 7 1 ticket, other than those traveling aboard a ferry boat, as such ferry 2 boat is specified in paragraph 43 of subdivision (a) of section 1115 of 3 the tax law, which carries passengers for the primary purpose of enter- 4 tainment, sightseeing, day or dinner cruises, and which embarks or 5 disembarks within the boundaries of the Hudson river park. 6 (i) Definitions. For purposes of this paragraph, the following defi- 7 nitions shall apply: 8 (1) "Commercial passenger vessel." A boat or vessel that is used in 9 the common carriage of passengers in commerce, not including land based 10 vehicles or noncommercial vessels. 11 (2) "Passenger." An individual whom a common carrier has contracted to 12 carry from one place to another, including carriage with the same depar- 13 ture and arrival locations. 14 (3) "Liability for payment of fee." The person who provides travel 15 aboard a commercial passenger vessel shall be liable for the fee imposed 16 by this paragraph. 17 (ii) Returns. Every person liable for the fee imposed by this para- 18 graph shall file a return quarterly with the trust. Each return shall 19 show the number of passengers in the quarter for which the return is 20 filed, together with such other information as the trust may require. 21 The returns required by this paragraph shall be filed for quarterly 22 periods ending on the last day of March, June, September and December of 23 each year, and each return shall be filed within twenty days after the 24 end of the quarterly period covered thereby. If the trust deems it 25 necessary in order to ensure the payment of the fee imposed by this 26 paragraph, the trust may require returns to be made for shorter periods 27 than prescribed by the foregoing provisions of this paragraph, and upon 28 such dates as the trust may deem necessary for the proper administration 29 of this paragraph. The trust may require amended returns to be filed 30 within twenty days after notice and to contain the information specified 31 in the notice. The trust may require that the returns be filed electron- 32 ically. 33 (iii) Payment of fee. Every person required to file a return under 34 this paragraph shall, at the time of filing such return, pay to the 35 trust the total of all fees imposed by this paragraph, on the correct 36 number of passengers subject to fees under this paragraph. The amount so 37 payable to the trust for the period for which a return is required to be 38 filed shall be due and payable to the trust on the date limited for 39 filing of the return for such period, without regard to whether a return 40 is filed or whether the return which is filed correctly shows the 41 correct number of passengers or the amount of fees due thereon. The 42 trust may require that the fee be paid electronically. 43 1-a. The trust shall not be authorized to forgo or assign any revenues 44 or payments due to it by law, provided however that the trust may assign 45 revenues or payments to maintain, reconstruct and repair the piers and 46 bulkheads existing and as depicted in the May 20, 1998 final environ- 47 mental impact statement within their historic footprints or boundaries 48 subject to a determination by the department of environmental conserva- 49 tion that, to the maximum extent practicable, any significant adverse 50 impact on the marine environment resulting from such maintenance, recon- 51 struction or repair will be minimized or avoided, and provided further 52 that the reconstruction of pier 54 shall not be subject to the historic 53 footprint restriction. 54 § 4. Subdivision 2 of section 7 of chapter 592 of the laws of 1998, 55 constituting the Hudson river park act, is amended to read as follows:A. 8031 8 1 2. The trust shall not be authorized to issue bonds, notes or other 2 similar obligations, whether or not negotiable or to contract to pay 3 debt service on such obligations issued by any other entity. The trust 4 shall not have the power of eminent domain and shall not be authorized 5 to acquire or hold title to real property. The trust shall not provide 6 direct financial assistance to attract, expand or retain a business 7 within the park. Notwithstanding the prohibitions set forth in this 8 subdivision, the trust shall be permitted to pay for or to enter into 9 assignment contracts in connection with site specific improvements to 10 existing infrastructure, as authorized pursuant to subdivision one-a of 11 this section, within the park undertaken by or on behalf of the trust 12 for the purpose of maintaining an asset within the park, which shall not 13 be deemed direct financial assistance irrespective of whether such 14 infrastructure also serves a business. 15 § 5. Paragraph (b) of subdivision 3 of section 7 of chapter 592 of the 16 laws of 1998, constituting the Hudson river park act, is amended to read 17 as follows: 18 (b) Upon the coming into existence of the trust, it shall exercise its 19 rights, powers, responsibilities, and duties with respect to the park 20 under this act. The state and the city of New York, each with respect to 21 its real property in the park, shall expeditiously enter into agreements 22 with the trust, whether by lease or otherwise, for a term not to exceed 23 99 years [ and], provided that the state and city of New York shall 24 extend such lease or other agreements until March 31, 2112 pursuant to 25 this chapter of the laws of 2013 and to modify the insurance and indem- 26 nification provisions thereof such that the state and city, each to the 27 extent of its ownership of the real property in the park, shall provide 28 for insurance, defense and indemnification obligations running from the 29 state or city, as the case may be, to the trust in connection with and 30 to the extent of any and all bodily injury or property damage claims 31 alleged to occur on or relate to their respective real property in the 32 park and to eliminate any obligations on the part of the trust in such 33 lease agreements to provide insurance, defense or indemnification to the 34 state or city, as the case may be, in connection with such alleged bodi- 35 ly injury or property damage claims. The state and city, as applicable, 36 shall execute such other instruments as necessary, whereby the trust 37 shall receive a possessory interest in the real property and exercise 38 its rights, powers, responsibilities, and duties, all in accordance with 39 this act. 40 § 6. Subdivision 7 of section 7 of chapter 592 of the laws of 1998, 41 constituting the Hudson river park act, is amended to read as follows: 42 7. [ No later than February 1 of each year following the effective date43 of this act and within 60] Each year within 90 days after the [ later of44 the effective date of this act] close of the trust's fiscal year or the 45 adoption of the general project plan or any amendment, the trust shall 46 deliver to the governor, the speaker of the assembly, the temporary 47 president of the senate, the state comptroller, the mayor of the city of 48 New York, the speaker of the city council of the city of New York, the 49 comptroller of the city of New York and community boards one, two, and 50 four within the borough of Manhattan, a current copy of the annual 51 financing plan and any amendments to the general project plan for the 52 park and the trust shall, within the same time, make such plan and a 53 current copy of its regulations available for public inspection during 54 business hours at the offices of the trust within the city of New York. 55 § 7. Subdivision 11 of section 7 of chapter 592 of the laws of 1998, 56 constituting the Hudson river park act, is amended to read as follows:A. 8031 9 1 11. Except as otherwise provided in this subdivision, in paragraph (j) 2 of subdivision 1 of this section, in paragraph (b) of subdivision 3 of 3 this section or in chapter 288 of the laws of 2005, the trust may not 4 enter into a lease, concession agreement, license or other agreement 5 relating to any part of the park for periods in excess of thirty years 6 in total; except that such duration restriction shall not apply to piers 7 57, 59, 60, 61, 76, 81, 83 and 98 where the trust may enter into a 8 lease, concession agreement, license or other agreement for a term or 9 terms that may be up to forty-nine years and except that such duration 10 restriction shall not apply to such piers where the trust may enter into 11 a lease, concession agreement, license or other agreement for a term or 12 terms that may be up to ninety-nine years, provided, however, such 13 lease, concession agreement, license or other agreement shall only occur 14 upon the condition that such agreements are identified and authorized in 15 a memorandum of understanding between the governor, the mayor of the 16 city of New York, the temporary president of the senate and the speaker 17 of the assembly after consultation with the members of the assembly and 18 senate representing the area where the pier that is the subject of the 19 agreement is located; and provided further that any such agreement for a 20 period in excess of ten years shall be for the purpose of assuring a 21 lessee, licensee, concessionaire or other party to an agreement with 22 adequate protection against loss of investments in developing, renovat- 23 ing, improving, furnishing, and equipping properties within the park. 24 Any proposed lease, concession agreement, license or other agreement by 25 the trust for a period in excess of ten years shall constitute a 26 proposed significant action subject to the requirements of subdivision 27 six of this section. The trust shall promulgate rules and regulations 28 governing leases, concession agreements, licenses or other agreements. 29 Such rules and regulations shall require the trust to issue a bid pros- 30 pectus for any leases, concession agreements, licenses and other agree- 31 ments which would provide for a total capital investment in the park of 32 no less than one million dollars over the proposed term of the agree- 33 ment. The bid prospectus submitted to prospective bidders shall contain 34 specific information concerning the nature of the capital improvements 35 or equipment to be provided by the successful bidder and shall be 36 provided to community boards one, two and four within the borough of 37 Manhattan. 38 § 8. Paragraphs (c), (h) and (i) of subdivision 9 of section 7 of 39 chapter 592 of the laws of 1998, constituting the Hudson river park act, 40 are amended to read as follows: 41 (c) The city of New York shall use best efforts to relocate the tow 42 pound on Pier 76. Subsequent to relocation of the tow pound, [ the city43 of New York shall convey to the trust a possessory interest in fifty44 percent of Pier 76 for passive and active public open space use for a45 period not to exceed 99 years, provided that such open space portion of46 Pier 76 shall be contiguous to water. Upon such conveyance, the portion47 so conveyed will become part of the park and will be used solely for48 passive and active public open space uses.] the city of New York shall 49 promptly convey to the trust a possessory interest in Pier 76 consistent 50 with such interest previously conveyed with respect to other portions of 51 the park, provided that at least fifty percent of the Pier 76 footprint 52 shall be used for park uses that are limited to passive and active open 53 space and which shall be contiguous to water and provided further that 54 the remaining portion shall be for park/commercial use. Upon such 55 conveyance, Pier 76 shall become part of the park.A. 8031 10 1 (h) On each of the piers identified in paragraph (a) of this subdivi- 2 sion (i) not less than eighty percent of the surface area of each such 3 pier shall be used solely for passive and active public open space uses, 4 or for habitat and wildlife protection in the case of any pier for that 5 purpose, and (ii) not more than ten percent of the surface area of each 6 such pier shall be covered by enclosed structures; [ provided that] 7 except that an enclosed, two story structure with a coverage limitation 8 of 12,000 square feet that is built for use as an estuarium facility is 9 permitted at Pier 26, [ the coverage limitation shall be fifteen percent10 and at Pier 64, the existing structures at that pier (or any portions11 thereof) may be retained for permitted park uses without regard to the12 requirements of subparagraphs (i) and (ii) of this paragraph] and the 13 coverage limitation at pier 97 shall be no more than a total of 12,000 14 square feet. 15 (i) Consistent with the general project plan, the area of the park 16 east of the bulkhead line shall be used solely for park use and to 17 permit access to permitted uses; provided that this limitation shall not 18 apply to (i) those areas east of the bulkhead line that are occupied by 19 pier headhouses or other pier-related structures at the base of piers 20 57, 59, 60, and 61; (ii) a one story heliport terminal building, fuel 21 tank structure and five accessory parking spaces used in connection with 22 a water dependent non-tourism/non-recreational heliport to be located on 23 a floating structure located between west 29th and west 32nd streets 24 provided that the landing and takeoff area located east of the bulkhead 25 may continue to operate until the landing and takeoff area west of the 26 bulkhead is completed and operational; or (iii) an interim commercial 27 recreational use along the upland park area between 29th and 34th 28 streets, provided that: (A) any such related enclosed structure shall 29 not exceed two stories; (B) any such use and any related enclosed struc- 30 ture shall not exceed a maximum of two hundred feet in length and shall 31 maintain open view corridors to the Hudson river from streets running 32 towards and away from the park and shall not be located within any 33 designated visual corridors consistent with and to the extent required 34 under the city of New York zoning requirements; and (C) such interim 35 upland commercial recreational use shall not be permitted to be located 36 or continue to operate after July 1, 2024. 37 § 9. Subdivision 3 of section 8 of chapter 592 of the laws of 1998, 38 constituting the Hudson river park act, is amended by adding a new para- 39 graph (e) to read as follows: 40 (e) Notwithstanding the prohibition in paragraph (b) of this subdivi- 41 sion on the placing of pilings in the Hudson River, paragraph (c) of 42 this subdivision on buildings outside of historic footprints, or like 43 prohibitions in section 382-a of chapter 190 of the laws of 1990 to the 44 contrary, pier 54 may be reconstructed outside of its historic footprint 45 provided that the length of such pier does not exceed 700 feet and the 46 total square footage of such reconstructed pier, including any adjacent 47 platform areas or access ways, does not exceed 150,000 square feet and 48 provided further that such reconstruction complies with all applicable 49 federal, state and local laws and provided further that the historic 50 elements from the White Star Line, including the iron arch, must be 51 incorporated in any reconstruction/redesign. 52 § 10. Subdivision 5 of section 7 of chapter 592 of the laws of 1998, 53 constituting the Hudson river park act, is amended to read as follows: 54 5. The only uses or structures within the park which shall not be 55 subject to zoning and other land use laws and regulations of the city of 56 New York shall be passive and active public open space uses; provided,A. 8031 11 1 however, that for development on existing piers, with uses or proposed 2 uses that: (1) qualify as "park use" or "park/commercial use" as each is 3 defined in this act, and (2) provide for a minimum of fifty percent of 4 the footprint of such pier dedicated to public open space including a 5 perimeter waterside walkway surrounding the entirety of the pier or so 6 much of the pier as is feasible, then in such case zoning regulations of 7 the city of New York which require certain design and placement of 8 benches and lighting shall not apply in connection with any development 9 that is otherwise in accordance with this act. 10 § 11. Section 14 of chapter 592 of the laws of 1998, constituting the 11 Hudson River park act, is amended by adding a new subdivision 4 to read 12 as follows: 13 4. Should this act permit the construction, operation and use of a 14 hotel or meeting space within any portion of the park, the trust or the 15 contractor or sub-contractor of such project shall enter into a valid 16 agreement enforceable under 29 U.S.C.S 185 with each labor organization 17 that is actively engaged in representing or attempting to represent 18 hospitality industry workers in the state. Such agreement shall, at a 19 minimum, protect the trust's proprietary interests by prohibiting the 20 labor organization and its members from engaging in picketing, work 21 stoppages, boycotts, and any other economic interference with the opera- 22 tion of the facility or associated hospitality operations for the dura- 23 tion of the trust's proprietary interest. 24 § 12. Severability. If any judgment or order of any court shall nulli- 25 fy, limit or invalidate any provision or application of this act, or if 26 any provision or application of this act is legally determined to 27 violate or be inconsistent with any federal law or regulation, that 28 judgment or order shall not be construed as nullifying, limiting or 29 invalidating any other provisions or application of this act. 30 § 13. This act shall take effect immediately.