Authorizes the city of New York to discontinue the use as parkland and alienate certain land within Ferry Point Park in the borough of the Bronx through the entering of leases or other agreements with Bally's New York Operating Company, LLC.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7514A
SPONSOR: Benedetto TITLE OF BILL:
An act authorizing the city of New York to discontinue certain parkland
in Ferry Point Park in the borough of the Bronx
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to authorize the alienation of a portion of
Ferry Point Park for the construction of a gaming facility and public
access road.
SUMMARY OF PROVISIONS:
Section 1: Authorizes the alienation of parkland described in section
three to facilitate the sale of such parkland to Bally's New York Oper-
ating Company, LLC or its affiliates ("Bally's"), for the construction,
maintenance and operation of a gaming facility, and in conjunction with
such facility, commercial, retail, entertainment, recreational, hotel,
convention and/or community facility uses, parking, and roadways. Addi-
tionally, this section authorizes the alienation of parkland described
in section four and to transfer such lands to the New York City Depart-
ment of Transportation for use as public roadways. It also authorizes
New York City to convey an easement over the lands described in section
five for the purpose of making improvements to an access road or for
ingress and egress.
Section 2: Conditions the authorization for the alienations provided in
section one on the award of a gaming license to Bally's to own or oper-
ate a gaming facility located on the parklands described in section
three, and on New York City dedicating an amount equal to or greater
than the fair market value of the parklands being discontinued and the
fair market value of the easement towards the acquisition of new park-
lands and/or capital improvements to existing parklands and recreational
facilities within the borough of the Bronx.
Section 3: Describes the lands authorized to be discontinued as park-
lands and sold to Bally's, pursuant to section one.
Section 4: Describes the parklands authorized to be alienated for road-
way improvements pursuant to section one.
Section 5:Describes the parkland for which an easement for road access
may be granted.
Section 6: Requires New York City to comply with any federal require-
ments pertaining to parkland alienation if such parkland has received
federal funding, support, or assistance.
Section 7: Clarifies that this legislation is not intended to preempt
the provisions of Article 13 of the Racing, Pari-mutuel Wagering and
Breeding Law or sections 197-c or 197-d of the New York City Charter.
Section 8: Provides that if the construction of a gaming facility on the
parklands described in section three is not commenced within fifteen
years of the effective date or if such parklands shall ever be used for
a purpose other than for the purposes described in section one of this
act, the parklands described in sections three and four shall revert to
the NYC Department of Parks and Recreation and the easement described in
section five will also terminate.
Section 9: Sets forth the effective date.
JUSTIFICATION:
Chapter 174 of the Laws of 2013 provided that the State Gaming Commis-
sion (the Commission), specifically the Gaming Facility Location Board
(the Board) would be empowered to grant licenses for casinos in Zone One
only after the seven-year exclusivity period for Zone Two had expired.
This period has expired and the Commission, through the Board, is under-
taking the process to consider applications and award licenses in Zone
One. Action on the part of the State Legislature is required in order
to facilitate the alienation of parkland associated with consideration
of this proposal and to comport with the public trust doctrine.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
