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S06566 Summary:

S06566 Actions:

S06566 Committee Votes:

S06566 Floor Votes:

S06566 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6566
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 16, 2019
                                       ___________
 
        Introduced by Sens. KAVANAGH, HOYLMAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules
 
        AN ACT to amend the Hudson river park act, in relation to development or
          redevelopment of Pier 40 in 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. Paragraph (b) of subdivision 9 of section 7 of chapter  592
     2  of  the laws of 1998, constituting the Hudson river park act, is amended
     3  to read as follows:
     4    (b) No less than the equivalent of fifty percent of the  footprint  of
     5  Pier  40  shall  be passive and active public open space, except in such
     6  event that the Pier 40 building is developed or redeveloped with new  or
     7  substantially  rehabilitated  structures  for  business, professional or
     8  governmental office use, then the equivalent of  sixty-five  percent  of
     9  the  footprint  of Pier 40 shall be passive and active public open space
    10  effective at the time that a certificate of occupancy is issued for  the
    11  redevelopment;  provided that up to one hundred percent of this pier may
    12  be limited to park use by the general project plan.  Notwithstanding any
    13  other provision of this act to the contrary, Pier 40  may  be  used  for
    14  parking  for passenger vehicles with a seating capacity of 10 passengers
    15  or less, provided however such use shall be predominantly for  long-term
    16  parking  not  accessory to business, professional or governmental office
    17  use at the pier. No business, professional, or governmental office space
    18  shall exceed seven hundred thousand square feet, provided the trust  may
    19  utilize  up  to an additional fifty thousand square feet of office space
    20  and fifty thousand square feet for operations space, notwithstanding the
    21  existing legal park-based commercial uses, park space, open space, park-
    22  ing, or any other component that will contribute to total zoning  square
    23  footage, and provided further that no building or structure shall exceed
    24  a  maximum height of eighty-eight feet, excluding mechanical structures,
    25  which dimensions and location would be designated pursuant to local  law
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13396-01-9
        S. 6566                             2
 
     1  and which must in any event have the mechanical equipment fully screened
     2  with  coverage  on  the roof of no more than twenty-five percent and set
     3  back from the building edge at a sky exposure plane ratio  of  not  less
     4  than  one  to one and provided further that such mechanicals shall be no
     5  taller than twenty feet. Any proposal for development  or  redevelopment
     6  shall give equal preference to adaptive re-use of the existing structure
     7  located  on the pier as of the effective date of the chapter of the laws
     8  of 2019 that amended this paragraph and construction of a new structure.
     9  Any development or redevelopment shall include the preservation  of  the
    10  mural  displayed in such structure as of the effective date of the chap-
    11  ter of the laws of 2019 that amended this paragraph created by Frank Nix
    12  entitled The Shipping Mural.  Any  development  or  redevelopment  shall
    13  maintain  a  public  open  perimeter  waterside  walkway surrounding the
    14  entirety of the pier or so much of the pier as is feasible  and  provide
    15  space  for  a  boathouse for small-scale boating and water access on the
    16  south side of the pier no less than currently exists on the pier  as  of
    17  the  effective date of the chapter of the laws of 2019 that amended this
    18  paragraph. Any development or redevelopment shall  provide  for  playing
    19  fields  no  less  than  three  hundred  and twenty thousand square feet,
    20  provided that every effort is made to place as much playing field  space
    21  at ground level as is feasible. Any request for proposal for development
    22  or redevelopment shall only be issued upon a majority vote of the board.
    23  The  trust shall form a Pier 40 Task Force. The task force shall consist
    24  of no fewer than six and no  more  than  eight  members  from  Manhattan
    25  Community  Board  2,  one  member  from Manhattan Community Board 1, one
    26  member from Manhattan Community Board  4,  and  the  local,  state,  and
    27  federal  elected  officials  whose districts abut the Hudson River Park.
    28  The chairs of Manhattan Community Boards 1, 2, and 4 shall appoint  task
    29  force  members  representing their respective Community Boards. The task
    30  force members representing Manhattan Community Boards 1, 2, and 4  shall
    31  review  and comment upon the request for proposal development program no
    32  less than ninety days before such request for proposal is released,  but
    33  shall  not be involved in the selection of contractors or other vendors.
    34  The local, state, and federal elected officials on the  task  force  may
    35  review  and comment upon the request for proposal development program no
    36  less than ninety days before such request for proposal is released,  but
    37  shall  not be involved in the selection of contractors or other vendors.
    38  Development or redevelopment shall comply with all zoning and other land
    39  use laws and regulations of the city of New York, and  any  passive  and
    40  active  public  open space that may be developed or redeveloped pursuant
    41  to any overall pier  development  or  redevelopment  proposal  shall  be
    42  available  to  the  general  public  without  professional or commercial
    43  activity. Development or redevelopment shall be  subject  to  and  shall
    44  comply  with  the  provisions of New York city's uniform land use review
    45  procedure.   Pursuant to requirements set forth  in  this  chapter,  the
    46  trust  shall  comply with all requirements related to a proposed signif-
    47  icant action, including but not limited to holding a public  hearing  on
    48  not less than thirty days' advance public notice.
    49    §  2.  Subdivision 11 of section 7 of chapter 592 of the laws of 1998,
    50  constituting the Hudson river park act, as amended by chapter 515 of the
    51  laws of 2018, is amended to read as follows:
    52    11. Except as otherwise provided in this subdivision, in paragraph (j)
    53  of subdivision 1 of this section, in paragraph (b) of subdivision  3  of
    54  this  section  or  in chapter 288 of the laws of 2005, the trust may not
    55  enter into a lease, concession agreement,  license  or  other  agreement
    56  relating  to  any part of the park for periods in excess of thirty years
        S. 6566                             3
 
     1  in total; except that such duration restriction shall not apply  to  (i)
     2  the  Hudson  river  rail tunnel, which use shall be permitted, where the
     3  trust may enter into a lease for a term coterminous with its lease  with
     4  the  state of New York provided for in paragraph (b) of subdivision 3 of
     5  this section, which lease shall be subject to automatic renewal with any
     6  extensions of the term of the underlying state lease that is  authorized
     7  under  this act and which lease shall provide for the project sponsor to
     8  restore for public open space use, at its cost and  in  accordance  with
     9  plans  provided  by the trust, the surface portions of the park affected
    10  by or used temporarily in connection with construction  and  staging  of
    11  the  Hudson river rail tunnel, and (ii) piers 57, 59, 60, 61, 76, 81, 83
    12  and 98 where the trust may enter into  a  lease,  concession  agreement,
    13  license  or other agreement for a term or terms that may be up to forty-
    14  nine years and except that such duration restriction shall not apply  to
    15  such piers where the trust may enter into a lease, concession agreement,
    16  license  or  other agreement for a term or terms that may be up to nine-
    17  ty-nine years, provided,  however,  such  lease,  concession  agreement,
    18  license or other agreement shall only occur upon the condition that such
    19  agreements  are identified and authorized in a memorandum of understand-
    20  ing between the governor, the mayor of the city of New York, the  tempo-
    21  rary  president  of  the  senate  and  the speaker of the assembly after
    22  consultation with the members of the assembly  and  senate  representing
    23  the area where the pier that is the subject of the agreement is located;
    24  except  pier  40,  where  the  trust  may enter into a lease, concession
    25  agreement, license or other agreement for a term or terms that may be up
    26  to 49 years with the option of one twenty-five year renewal and a second
    27  renewal for up to twenty-four  years,  provided,  however,  such  lease,
    28  concession  agreement,  license or other agreement on pier 40 shall only
    29  occur upon a majority vote of the board; and provided further  that  any
    30  such  agreement  for  a  period  in excess of ten years shall be for the
    31  purpose of assuring a lessee, licensee, concessionaire or other party to
    32  an agreement with adequate protection against  loss  of  investments  in
    33  developing,  renovating, improving, furnishing, and equipping properties
    34  within the park. Any proposed lease, concession  agreement,  license  or
    35  other  agreement  by the trust for a period in excess of ten years shall
    36  constitute a proposed significant action subject to the requirements  of
    37  subdivision  six  of  this section. The trust shall promulgate rules and
    38  regulations governing leases, concession agreements, licenses  or  other
    39  agreements.  Such rules and regulations shall require the trust to issue
    40  a bid prospectus for any leases,  concession  agreements,  licenses  and
    41  other  agreements  which would provide for a total capital investment in
    42  the park of no less than one million dollars over the proposed  term  of
    43  the  agreement,  except  that the trust shall not be required to issue a
    44  bid prospectus for a compatible governmental  use.  The  bid  prospectus
    45  submitted  to  prospective  bidders  shall  contain specific information
    46  concerning the nature of the capital improvements  or  equipment  to  be
    47  provided  by  the  successful  bidder and shall be provided to community
    48  boards one, two and four within the borough of Manhattan.
    49    § 3. Paragraph (vi) of subdivision (g) of section 3 of chapter 592  of
    50  the  laws of 1998, constituting the Hudson river park act, as amended by
    51  chapter 517 of the laws of 2013, is amended to read as follows:
    52    (vi) solely at pier 40 pursuant to the restrictions in  paragraph  (b)
    53  of  subdivision  9  of  section 7 and pier 57, business, professional or
    54  governmental offices;
    55    § 4. This act shall take effect immediately.