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S09408 Text:



 
                STATE 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  except
     7  as  otherwise  provided  in paragraph (c) of subdivision nine of section
     8  seven 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.
                                                                   LBD15130-10-4

        S. 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  convey
    16  to  the state of New York under the jurisdiction of the office of parks,
    17  recreation and historic preservation its interest in Pier 76, who,  upon
    18  such  conveyance  shall  immediately  lease a possessory interest to the
    19  trust. Upon such conveyance, Pier 76 shall become part of the  park  and
    20  shall remain part of the park under the operational control of the trust
    21  and  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-
    24  uous  to water; and provided further that the remaining portion shall be
    25  for park/commercial use. (ii) The city  of  New  York  shall,  prior  to
    26  December  31,  2020,  cease using or occupying Pier 76 for any purposes.
    27  Should the city of New York continue to use or occupy Pier  76  for  any
    28  purpose  subsequent to December 31, 2020, the city of New York shall (A)
    29  compensate the trust in the amount of twelve million  dollars,  and  (B)
    30  beginning  February  1,  2021,  pay  fees in the amount of three million
    31  dollars for each complete or partial month of  occupancy.  (iii)  On  or
    32  after  the  effective  date  of  the  chapter  of the laws of 2020 which
    33  amended this paragraph, the  trust  shall  be  entitled  to  timely  and
    34  reasonable  access  to Pier 76 for the purpose of conducting assessments
    35  and inspections necessary to further redevelopment of Pier 76  following
    36  its inclusion in the park.  (iv) Beginning July 1, 2020, the city of New
    37  York  shall periodically prepare and submit a report to the state of New
    38  York, with a copy to the trust, detailing actions taken by the  city  of
    39  New  York to relocate the tow pound. In the event that the city provides
    40  demonstrable evidence of its effort to relocate the  tow  pound  or  any
    41  other  city  uses of Pier 76, initiation of and compliance with land use
    42  review processes and environmental review processes, such  as,  issuance
    43  of  a  request for qualifications or request for proposals for design or
    44  construction services for the project; and initiation and completion  of
    45  construction of, and relocation to a replacement tow pound, the state of
    46  New York, in its sole discretion, may waive the fees assessed in subpar-
    47  agraph (iii) of this paragraph.  (v) This paragraph may be enforced by a
    48  court  of  competent  jurisdiction and in any suit brought by the state,
    49  through 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 not

        S. 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 to

        S. 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.
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