S09408 Summary:
| BILL NO | S09408C |
| SAME AS | SAME AS A10224-C |
| SPONSOR | HOYLMAN-SIGAL |
| COSPNSR | |
| MLTSPNSR | |
| Amd §§3, 7 & 8, Chap 592 of 1998 | |
| Amends and expands some uses of the Hudson river park; permits additional uses and pier 76. | |
S09408 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 9408--C IN SENATE May 15, 2024 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 -- 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 committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. The opening paragraph of subdivision (e) and subdivisions 2 (g), (j) and (m) of section 3 of chapter 592 of the laws of 1998, 3 constituting the Hudson river park act, as amended by chapter 517 of the 4 laws of 2013, are amended to read as follows: 5 "Hudson river park" or "park" means the area in the city and county of 6 New York within the following boundaries, but excluding [pier 76 except7as otherwise provided in paragraph (c) of subdivision nine of section8seven of this act and] piers 78, 88, 90, 92 and 94 and their associated 9 upland areas: 10 (g) "Park/commercial use" means a use that is not a prohibited use and 11 is compatible with park use, and that is: 12 (i) a transportation water dependent use, including commercial mari- 13 time and marine ferry terminals; 14 (ii) an entertainment, retail, restaurant, broadcast, television, or 15 film or media studio facility, commercial recreational use, commercial 16 amusements, performing arts, schools and educational facilities; 17 (iii) limited parking spaces incidental to permitted uses; 18 (iv) solely at piers 59, 60, and 61 and the headhouse (commonly known 19 as "Chelsea Piers") the uses authorized at such piers and headhouse as 20 of the effective date of this act; 21 (v) a non-tourism/non-recreation heliport for commercial and emergen- 22 cy transportation use; [and] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15130-10-4S. 9408--C 2 1 (vi) solely at [pier] piers 57 and 76, business, professional or 2 governmental offices[;], provided that at pier 76, the height of any 3 commercial office building may not exceed a height of one hundred eight- 4 y-five feet measured from the deck of the pier, excluding building 5 mechanicals, and provided further that any such office building may not 6 be located proximate to the pier's edge along the western or southern 7 portion of the pier; and 8 (vii) solely at pier 76, large-scale amusement rides and other tourist 9 attractions; warehouse facilities needed for waterborne transportation 10 activities occurring at the pier; and floating restaurants. 11 (j) "Prohibited use" means any of the following uses: 12 (i) residential; 13 (ii) manufacturing, except in furtherance of and incidental to park 14 uses, provided that small scale creation of artisan foods or other craft 15 products shall not be considered manufacturing; 16 (iii) warehousing; 17 (iv) hotel; 18 (v) incompatible governmental uses; 19 (vi) casino and riverboat gambling, and the docking of vessels to be 20 used substantially for gambling or for transportation to such a vessel; 21 (vii) any facility for motorized aircraft, including a heliport except 22 a heliport which is defined as a park/commercial use; 23 (viii) commercial office, except office space that is incidental to a 24 permitted use, and further provided that such prohibition shall not 25 apply to [pier] piers 57 and 76; and 26 (ix) other uses determined by the trust to be incompatible with the 27 purposes of this act. 28 (m) "Water dependent use" excludes any prohibited use and means: 29 (i) any use that depends on utilization of resources found in the 30 water section; 31 (ii) recreational activities that depend on access to the water 32 section, such as fishing, boating, swimming in such waters, passive 33 enjoyment of the Hudson river and wildlife protection and viewing; 34 (iii) facilities and incidental structures needed to dock and service 35 boats; 36 (iv) scientific and educational activities that by their nature 37 require access to marine reserve waters; 38 (v) the development, operation and maintenance of a non-tourism/non- 39 recreational heliport located between west 29th and west 32nd streets 40 provided (A) that there shall be no structures other than the helicopter 41 take-off or landing pads built on floating structures; and (B) such 42 floating structures shall be no higher than a pier deck at low tide; and 43 (vi) mooring or docking of a barge used as part of a cultural, educa- 44 tional, historic or other public programming in the park; provided that 45 no more than two barges may be moored or docked per year and provided 46 further that the duration of any such mooring or docking of a barge 47 shall be limited to six months per year at any location within the boun- 48 daries of the park, except that at pier 76, the limit of six months per 49 year shall not apply. 50 § 2. Subdivision 1-a of section 7 of chapter 592 of the laws of 1998, 51 constituting the Hudson river park act, as added by chapter 517 of the 52 laws of 2013, is amended to read as follows: 53 1-a. The trust shall not be authorized to forgo or assign any revenues 54 or payments due to it by law, provided however that the trust may assign 55 revenues or payments to maintain, reconstruct and repair the piers and 56 bulkheads existing and as depicted in the May 20, 1998 final environ-S. 9408--C 3 1 mental impact statement within their historic footprints or boundaries 2 subject to a determination by the department of environmental conserva- 3 tion that, to the maximum extent practicable, any significant adverse 4 impact on the marine environment resulting from such maintenance, recon- 5 struction or repair will be minimized or avoided, and provided further 6 that the reconstruction of pier 54 and pier 76 shall not be subject to 7 the historic footprint restriction, provided that at pier 76, any change 8 to the historic footprint shall result in the same size footprint and in 9 more than fifty percent of the footprint dedicated to a park use. 10 § 3. Paragraphs (c) and (i) of subdivision 9 of section 7 of chapter 11 592 of the laws of 1998, constituting the Hudson river park act, para- 12 graph (c) as amended by section 2 of part WW of chapter 56 of the laws 13 of 2020 and paragraph (i) as amended by chapter 517 of the laws of 2013, 14 are amended to read as follows: 15 (c) [(i) On or before July 1, 2020, the city of New York shall convey16to the state of New York under the jurisdiction of the office of parks,17recreation and historic preservation its interest in Pier 76, who, upon18such conveyance shall immediately lease a possessory interest to the19trust. Upon such conveyance, Pier 76 shall become part of the park and20shall remain part of the park under the operational control of the trust21and following redevelopment at least] No less than the equivalent of 22 fifty percent of the Pier 76 footprint shall be used for park uses that 23 are limited to passive and active open space [and which shall be contig-24uous to water; and provided further that the remaining portion shall be25for park/commercial use. (ii) The city of New York shall, prior to26December 31, 2020, cease using or occupying Pier 76 for any purposes.27Should the city of New York continue to use or occupy Pier 76 for any28purpose subsequent to December 31, 2020, the city of New York shall (A)29compensate the trust in the amount of twelve million dollars, and (B)30beginning February 1, 2021, pay fees in the amount of three million31dollars for each complete or partial month of occupancy. (iii) On or32after the effective date of the chapter of the laws of 2020 which33amended this paragraph, the trust shall be entitled to timely and34reasonable access to Pier 76 for the purpose of conducting assessments35and inspections necessary to further redevelopment of Pier 76 following36its inclusion in the park. (iv) Beginning July 1, 2020, the city of New37York shall periodically prepare and submit a report to the state of New38York, with a copy to the trust, detailing actions taken by the city of39New York to relocate the tow pound. In the event that the city provides40demonstrable evidence of its effort to relocate the tow pound or any41other city uses of Pier 76, initiation of and compliance with land use42review processes and environmental review processes, such as, issuance43of a request for qualifications or request for proposals for design or44construction services for the project; and initiation and completion of45construction of, and relocation to a replacement tow pound, the state of46New York, in its sole discretion, may waive the fees assessed in subpar-47agraph (iii) of this paragraph. (v) This paragraph may be enforced by a48court of competent jurisdiction and in any suit brought by the state,49through the attorney general, the trust shall not be a necessary party]; 50 provided that up to one hundred percent of this pier may be limited to 51 park use as determined by the trust. Notwithstanding any other 52 provision of this act to the contrary, commercial or municipal parking 53 garages or facilities are not permitted at Pier 76. 54 (i) Consistent with the general project plan, the area of the park 55 east of the bulkhead line shall be used solely for park use and to 56 permit access to permitted uses; provided that this limitation shall notS. 9408--C 4 1 apply to (i) the area east of the bulkhead line at pier 76 or those 2 areas east of the bulkhead line that are occupied by pier headhouses or 3 other pier-related structures at the base of piers 57, 59, 60, and 61; 4 (ii) a one story heliport terminal building, fuel tank structure and 5 five accessory parking spaces used in connection with a water dependent 6 non-tourism/non-recreational heliport to be located on a floating struc- 7 ture or fixed barge in the Hudson River located between west 29th and 8 west 32nd streets (referred to in this paragraph as "the site") provided 9 that the landing and takeoff area located east of the bulkhead may 10 continue to operate until the landing and takeoff area west of the bulk- 11 head is completed and operational. If the trust initiates a request for 12 proposals relating to a heliport, the trust shall meet the following 13 requirements: 14 (A) the trust shall form a West 30th street heliport site task force 15 consisting of: three members appointed by the chair of Manhattan commu- 16 nity board 4, two members appointed by the mayor of the city of New 17 York, and one member each appointed respectively by the Manhattan 18 borough president, and by the New York City councilmember, the New York 19 state senator, the New York state assembly member, and the United States 20 representative whose districts include the area of the site, and one 21 member appointed by the trust who has experience with or represents a 22 business or organization that mobilizes private sector resources to spur 23 economic opportunity, upward mobility and innovation, and one member 24 appointed by the trust who has experience with or represents a business 25 or organization with expertise in helicopter operations or helipad 26 siting and operations, and one member appointed by the commissioners of 27 the state departments of transportation and environmental conservation 28 acting jointly and by the commissioners of the New York city department 29 of transportation and the department of environmental protection acting 30 jointly. The task force shall review and comment upon any draft request 31 for proposals under this subparagraph before it is issued; (B) the task 32 force shall review and comment upon the proposed request for proposals 33 no less than ninety days before the final request for proposal is 34 issued; provided that members of the task force and the officials who 35 appointed them shall not be involved in the selection of contractors or 36 vendors under the request for proposals, except and unless in relation 37 to a public office held by the individual; (C) any final plan, contract 38 or lease for the site shall not exceed the requirements of this act; or 39 (iii) an interim commercial recreational use along the upland park area 40 between 29th and 34th streets, provided that: (A) any such related 41 enclosed structure shall not exceed two stories; (B) any such use and 42 any related enclosed structure shall not exceed a maximum of two hundred 43 feet in length and shall maintain open view corridors to the Hudson 44 river from streets running towards and away from the park and shall not 45 be located within any designated visual corridors consistent with and to 46 the extent required under the city of New York zoning requirements; and 47 (C) such interim upland commercial recreational use shall not be permit- 48 ted to be located or continue to operate after July 1, 2024. 49 § 4. Paragraph (c) of subdivision 3 of section 8 of chapter 592 of the 50 laws of 1998, constituting the Hudson river park act, is amended and a 51 new paragraph (g) is added to read as follows: 52 (c) Paragraph (b) of this subdivision shall not prohibit floating 53 structures, and lateral stabilizing elements to secure such floating 54 structures, for water dependent uses; minor improvements along the shore 55 front including bulkhead and other repairs, habitat restoration, and 56 platforms either for a waterfront esplanade or to allow public access toS. 9408--C 5 1 the Hudson river; subject to the limitation that, in the aggregate, no 2 more than eight acres of the water section may be covered or altered by 3 floating structures or minor improvements at any time. Any building or 4 other structure constructed on a floating structure must be limited to 5 water dependent uses and may not exceed one story. No dredge spoils 6 shall be allowed for any purpose. Nothing in this subdivision shall 7 impair the ability of the trust or other persons to maintain navigabili- 8 ty or maintain, reconstruct and repair the piers and bulkheads existing 9 and as depicted in the May 20, 1998 final environmental impact statement 10 within their historic footprints or boundaries or as otherwise author- 11 ized in this chapter subject to a determination by the department of 12 environmental conservation that, to the maximum extent practicable, any 13 significant adverse impact on the marine environment resulting from such 14 maintenance, reconstruction or repair will be minimized or avoided. 15 (g) Notwithstanding the provisions of this section, pier 76 may be 16 reconstructed outside of its historic footprint provided that any change 17 to the historic footprint shall result in the same size footprint and in 18 more than fifty percent of the footprint dedicated to a park use. 19 § 5. Severability. If any provision of this act, or any application of 20 any provision of this act, is held to be invalid, or to violate or be 21 inconsistent with any federal law or regulation, that shall not affect 22 the validity or effectiveness of any other provision of this act, or of 23 any other application of any provision of this act, which can be given 24 effect without that provision or application; and to that end, the 25 provisions and applications of this act are severable. 26 § 6. This act shall take effect on the one hundred eightieth day after 27 it shall have become a law.