S09039 Summary:

BILL NOS09039B
 
SAME ASSAME AS A11231-A
 
SPONSORHOYLMAN
 
COSPNSR
 
MLTSPNSR
 
Amd 3 & 7, Chap 592 of 1998
 
Relates to the granting of a permanent vested easement for the Hudson river rail tunnel.
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S09039 Actions:

BILL NOS09039B
 
06/14/2018REFERRED TO RULES
06/15/2018AMEND AND RECOMMIT TO RULES
06/15/2018PRINT NUMBER 9039A
06/17/2018AMEND (T) AND RECOMMIT TO RULES
06/17/2018PRINT NUMBER 9039B
06/19/2018ORDERED TO THIRD READING CAL.1991
06/20/2018PASSED SENATE
06/20/2018DELIVERED TO ASSEMBLY
06/20/2018referred to ways and means
06/20/2018substituted for a11231a
06/20/2018ordered to third reading rules cal.481
06/20/2018passed assembly
06/20/2018returned to senate
12/18/2018DELIVERED TO GOVERNOR
12/28/2018SIGNED CHAP.515
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S09039 Committee Votes:

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S09039 Floor Votes:

DATE:06/20/2018Assembly Vote  YEA/NAY: 142/0
AbbateYCookYGarbarinoYLupardoYPellegrinoYStecY
AbinantiYCrespoYGiglioYMageeYPeoples-StokesYSteckY
ArroyoERCrouchYGlickYMagnarelliYPerryYSternY
AshbyYCurranYGoodellYMalliotakisYPheffer AmatoYStirpeY
AubryYCusickYGottfriedYMcDonaldYPichardoYTagueY
BarclayYCymbrowitzYGuntherYMcDonoughYPretlowYTaylorY
BarnwellYDavilaYHawleyYMikulinYQuartYThieleY
BarrettYDe La RosaYHevesiYMill B YRaYTitoneY
BarronYDenDekkerYHikindERMill MGYRaiaYTitusY
BenedettoYDickensYHooperYMill MLYRamosYVanelY
BichotteYDilanYHunterYMontesanoYRichardsonYWalkerY
BlakeYDinowitzYHyndmanYMorelleYRiveraYWallaceY
BlankenbushYDiPietroYJaffeeYMorinelloYRodriguezYWalshY
BohenYD'UrsoYJean-PierreYMosleyYRose D YWalterY
BrabenecYEnglebrightYJenneYMurrayYRose L YWeinsteinY
BraunsteinYEpsteinERJohnsYNiouYRozicYWeprinY
BrindisiYErrigoYJonesYNolanYRyanYWilliamsY
BronsonYEspinalYJoynerYNorrisYSantabarbaraYWoernerY
BuchwaldYFahyYKimYOaksYSchimmingerYWrightY
ButlerYFernandezYKolbYO'DonnellYSeawrightYZebrowskiY
ByrneYFinchYLalorYOrtizYSimonYMr SpkrY
CahillYFitzpatrickYLavineYOtisYSimotasY
CarrollYFriendYLawrenceYPalmesanoYSkoufisY
CastorinaYGalefYLentolYPalumboYSmithY
ColtonYGanttERLiftonYPaulinYSolagesY

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S09039 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9039--B
 
                    IN SENATE
 
                                      June 14, 2018
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  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 chapter 592 of the laws of 1998, constituting the Hudson
          river park act, in relation to the  granting  of  a  permanent  vested
          easement for the Hudson river rail tunnel
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of section 3 of chapter 592 of  the  laws  of
     2  1998,  constituting the Hudson river park act, as amended by chapter 517
     3  of the laws of 2013, is amended to read as follows:
     4    (b) "Compatible governmental use" means a use within the park that  is
     5  compatible  with  park  use in accordance with the purposes of this act,
     6  such as necessary  and  appropriate  sewage,  utility,  and  ventilation
     7  connections,  and  private  utilities,  and  rail tunnels, including the
     8  construction, repair, maintenance, operation, and  replacement  thereof;
     9  public  safety facilities necessary for the maintenance and operation of
    10  the park; the marine company one fire boat station on pier 53;  and  the
    11  city  of New York department of sanitation water-dependent marine trans-
    12  fer station on pier 99.
    13    § 2. Paragraph (c) of subdivision 3 of section 7 of chapter 592 of the
    14  laws of 1998, constituting the Hudson river park act, is amended to read
    15  as follows:
    16    (c) No part of the real property in the park may be alienated, sold or
    17  otherwise disposed of (except for any lease,  license  or  other  encum-
    18  brance  consistent  with this act) other than by act of the legislature,
    19  except that a permanent vested easement may be granted  for  the  Hudson
    20  river  rail  tunnel  between  New York and New Jersey crossing under the
    21  surface of the park between West 27th and West 30th Streets (the "Hudson
    22  river rail tunnel") subject to approval of the  trust,  consistent  with
    23  the trust lease for the Hudson river rail tunnel as authorized by subdi-
    24  vision 11 of this section, and, in the case of real property held by the
    25  city  of  New  York, without compliance with the uniform land use review
    26  procedures of the city of New York or any successor law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16204-04-8

        S. 9039--B                          2

     1    § 3. Subdivision 11 of section 7 of chapter 592 of the laws  of  1998,
     2  constituting the Hudson river park act, as amended by chapter 517 of the
     3  laws of 2013, is amended to read as follows:
     4    11. Except as otherwise provided in this subdivision, in paragraph (j)
     5  of  subdivision  1 of this section, in paragraph (b) of subdivision 3 of
     6  this section or in chapter 288 of the laws of 2005, the  trust  may  not
     7  enter  into  a  lease,  concession agreement, license or other agreement
     8  relating to any part of the park for periods in excess of  thirty  years
     9  in  total;  except that such duration restriction shall not apply to (i)
    10  the Hudson river rail tunnel, which use shall be  permitted,  where  the
    11  trust  may enter into a lease for a term coterminous with its lease with
    12  the state of New York provided for in paragraph (b) of subdivision 3  of
    13  this section, which lease shall be subject to automatic renewal with any
    14  extensions  of the term of the underlying state lease that is authorized
    15  under this act and which lease shall provide for the project sponsor  to
    16  restore  for  public  open space use, at its cost and in accordance with
    17  plans provided by the trust, the surface portions of the  park  affected
    18  by  or  used  temporarily in connection with construction and staging of
    19  the Hudson river rail tunnel, and (ii) piers 57, 59, 60, 61, 76, 81,  83
    20  and  98  where  the  trust may enter into a lease, concession agreement,
    21  license or other agreement for a term or terms that may be up to  forty-
    22  nine  years and except that such duration restriction shall not apply to
    23  such piers where the trust may enter into a lease, concession agreement,
    24  license or other agreement for a term or terms that may be up  to  nine-
    25  ty-nine  years,  provided,  however,  such  lease, concession agreement,
    26  license or other agreement shall only occur upon the condition that such
    27  agreements are identified and authorized in a memorandum of  understand-
    28  ing  between the governor, the mayor of the city of New York, the tempo-
    29  rary president of the senate and  the  speaker  of  the  assembly  after
    30  consultation  with  the  members of the assembly and senate representing
    31  the area where the pier that is the subject of the agreement is located;
    32  and provided further that any such agreement for a period in  excess  of
    33  ten  years  shall  be  for  the  purpose of assuring a lessee, licensee,
    34  concessionaire or other party to an agreement with  adequate  protection
    35  against  loss  of  investments  in  developing,  renovating,  improving,
    36  furnishing, and equipping  properties  within  the  park.  Any  proposed
    37  lease, concession agreement, license or other agreement by the trust for
    38  a  period in excess of ten years shall constitute a proposed significant
    39  action subject to the requirements of subdivision six of  this  section.
    40  The  trust  shall  promulgate  rules  and  regulations governing leases,
    41  concession agreements, licenses or  other  agreements.  Such  rules  and
    42  regulations  shall  require  the trust to issue a bid prospectus for any
    43  leases, concession agreements, licenses and other agreements which would
    44  provide for a total capital investment in the park of no less  than  one
    45  million dollars over the proposed term of the agreement, except that the
    46  trust  shall  not be required to issue a bid prospectus for a compatible
    47  governmental use. The bid prospectus submitted  to  prospective  bidders
    48  shall  contain specific information concerning the nature of the capital
    49  improvements or equipment to be provided by the  successful  bidder  and
    50  shall  be  provided  to  community  boards  one, two and four within the
    51  borough of Manhattan.
    52    § 4. This act shall take effect immediately. Effective immediately the
    53  addition, amendment and/or repeal of any rule  or  regulation  necessary
    54  for  the implementation of this act on its effective date are authorized
    55  to be made on or before such date.
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