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A08031 Summary:

SPONSORGottfried (MS)
COSPNSRGlick, Rosenthal
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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A08031 Text:

                STATE OF NEW YORK
                               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.

        A. 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  Battery
    32  Place  and  Battery  Place extended, provided that the Battery Park city
    33  project area as defined in section 1972 of the  public  authorities  law

    34  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 for

        A. 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 not
    19  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  as

        A. 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  each

        A. 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 date
    43  of  this act and within 60] Each year within 90 days after the [later of
    44  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  city
    43  of  New  York  shall  convey to the trust a possessory interest in fifty
    44  percent of Pier 76 for passive and active public open space  use  for  a
    45  period  not to exceed 99 years, provided that such open space portion of
    46  Pier 76 shall be contiguous to water.  Upon such conveyance, the portion
    47  so conveyed will become part of the park and will  be  used  solely  for
    48  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 percent
    10  and at Pier 64, the existing structures at that pier  (or  any  portions
    11  thereof)  may  be retained for permitted park uses without regard to the
    12  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.
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