senate Bill S5824

Relates to the powers, duties and jurisdiction of the Hudson river park trust and boundaries and uses of the Hudson river park

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jun / 2013
    • REFERRED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1662
  • 21 / Jun / 2013
    • SUBSTITUTED BY A8031

Summary

Relates to the powers, duties and jurisdiction of the Hudson river park trust and boundaries and uses of the Hudson river park.

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Bill Details

See Assembly Version of this Bill:
A8031
Versions:
S5824
Legislative Cycle:
2013-2014
Law Section:
Hudson River Valley Commission
Laws Affected:
Amd ยงยง3, 7, 8 & 14, Chap 592 of 1998

Sponsor Memo

BILL NUMBER:S5824

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To provide for the continued
operation and vitality of the Hudson River Park.

SUMMARY OF SPECIFIC PROVISIONS: The bill would:

*clarify that this amendment to the Act does not constitute a change
to the General Project Plan (in Legislative Intent);

*amend the southern boundary of the park;

*amend the definition of "Park/Commercial Use" to include;

o restaurants;

o broadcast, television, film or media studio facilities;

o commercial amusements;

o performing arts;

o schools;

o educational facilities; and,

o business, professional or governmental offices solely at Pier 57;

* amend the definition of "Park Use" to

o define and authorize amusement rides which includes a prohibition on
Ferris wheels, other observation rides or tourist rides from being
considered a "Park Use"; and,

o authorize the sale of incidental items for use and enjoyment of the
Dark on a small scale basis;

* amend "Prohibited Use" of manufacturing to allow for small scale
creation of artisan foods and crafts;

* amend the definition of "Water Dependent Use" to include o the
development, operation and maintenance of a
non-tourism/non-recreational heliport with takeoff and landing pads on
floating structures located between West 29th and West 32' Streets;
and,

o the mooring and docking for up to six months at any location in the
park of up to two barges a year used as part of a cultural,
educational, historic or other public program;

*amend the powers of the Trust to include:


o a requirement that the NYS Attorney General provide any necessary
legal services;

o an authorization to transfer air rights up to one block east of the
boundaries of the park to the extent permitted under local zoning and
a requirement that any revenues derived from the transfer of air
tights from, Pier 40 first be used to repair the infrastructure of
that pier, with the Trust permitted to use any excess revenues for
other projects permitted by the Act;

o an authorization for the Trust to impose a passenger fee of up to 52
on every passenger traveling on a commercial passenger vessel other
than those traveling aboard a ferry;

* prohibit the Trust from forgoing or assigning any revenues or
payments due to it by law, provided however that the Trust may assign
revenues or payments to maintain, reconstruct or repair the piers and
bulkheads as they existed in 1998 with the exception of the
reconfigured Pier 54;

* authorize the Trust-to pay for or enter into assignment contracts
for site specific improvement and deem those site specific
improvements to not be direct financial assistance;

* require the State and City to extend the leases or other agreements
with the Trust until March 31, 2112;

* require the State and City to insure, defend and indemnify the Trust
in relation to their respective ownership of real property in the
park;

* extend to 90 days after the close of the Trust's fiscal year or
amendment of the General Project Plan for the Trust to deliver a
current copy of the annual financing plan and any amendments to the
General Project Plan to certain elected officials;

* authorize 49 year leases on Piers 57, 59, 60, 61, 76, 81, 83, and 98
as of right and 99 year leases of such piers subject to an MOU;

* require New York City, after removal of the tow pound, to convey 100
of Pier 76 to the Trust and require at least 50% of the Pier to be
used for park uses that are limited to passive and active open space
that shall be contiguous to the water with the remaining percentage to
be "Park/Commercial Use;"

* amend the 10% restriction on pier coverage to allow for a two story
structure with a coverage limitation of 12,000 square feet for an
estuatimn facility on Pier 26;

* amend the coverage limitation for Pier 97 to 12,000 square feet;

* authorize the following east of the bulkhead:

o a one story heliport building, the tank structure and five accessory
parking spaces for the water dependent heliport; ,


o continued operation of the existing heliport until the water
dependent heliport is completed and operational; and,

o an interim commercial recreational use along the upland park area
between 29th and 34th Streets until July 1, 2024;

* authorize specifications for Pier 54 to be reconstructed outside of
its historic footprint;

* exempt certain development from certain aspects of waterfront zoning
requirements; and,

* require a labor peace agreement should there ever be a hotel or
meeting space constructed in the park.

JUSTIFICATION: This legislation will ensure the continued viability of
the Hudson River Park. The continued operation and maintenance of the
Hudson River Park will enhance and protect the natural, cultural and
historic aspects of the Hudson River, enhance and afford quality
public access to die river, allow for an array of cultural and
recreational programs and provide a host of other public benefits.
The limited changes and additional rights provided by this amendment
to the 1998 Hudson River Park Act are intended to be consistent with
the park's mission.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5824

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by COMMITTEE ON RULES -- 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  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:

  Section 1. Legislative findings and  intent.  The  legislature  hereby
finds, determines and declares the following:
  The  planning, development and operation of the Hudson River Park as a
public park continue to be a matter  of  importance  to  the  state.  As
detailed in the 1998 law creating the park and the trust, chapter 592 of
the  laws  of 1998, the creation, development, operation and maintenance
of the Hudson River Park will enhance and protect the natural,  cultural
and  historic  aspects  of  the Hudson River, enhance and afford quality
public access to the river, allow for an array of  cultural  and  recre-
ational programs and provide a host of other public benefits. The limit-
ed  changes  and additional rights provided by the amendment of the 1998
law by this act are intended to be consistent with  the  park's  general
project  plan  as  defined  in  chapter  592  of the laws of 1998, which
continues to be the operative planning document  guiding  park  develop-
ment,  protection  and reuse of a portion of the Hudson River waterfront
in lower Manhattan south of 59th street, and are intended to ensure  the
realization of that vision and the park's continuing viability for years
to  come.  Nothing  herein  is  intended  to alter or override any prior
determinations concerning park planning, development or operation.
  S 2. Section 3 of chapter 592 of the laws of  1998,  constituting  the
Hudson river park act, is amended to read as follows:
  S 3. Definitions.  As used in this act, the following terms shall have
the following meanings, unless the context clearly requires otherwise:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11550-01-3

S. 5824                             2

  (a)  "Board"  means  the  board  of directors of the Hudson river park
trust.
  (b)  "Compatible governmental use" means a use within the park that is
compatible with park use in accordance with the purposes  of  this  act,
such  as  necessary  and  appropriate  sewage,  utility, and ventilation
connections, and private utilities, including the  repair,  maintenance,
operation,  and  replacement thereof; public safety facilities necessary
for the maintenance and operation of the park; the  marine  company  one
fire  boat  station  on  pier 53; and the city of New York department of
sanitation water-dependent marine transfer station on pier 99.
  (c) "Floating structure" means any  vessel  or  other  water-supported
structure,  including  a floating dock, which is bordered by either open
water or a dock and which is or is intended to be moored or attached  to
a pier, wharf, dock, platform, bulkhead or floatation system for a peri-
od of more than six months; provided however, that such definition shall
not  include  historic  ships  or  vessels,  as  determined by the trust
through rules and regulations.  Support by means of a  cradle  or  as  a
result  of  natural  siltation  shall not exclude from this definition a
structure normally supported by water.
  (d) "General project plan" means  the  Hudson  river  park  concept  &
financial  plan,  dated May, 1995, as modified in the May 20, 1998 final
environmental impact statement, and any successor plan or  statement  of
findings  created  thereafter  consistent  with  the state environmental
quality review act; provided that the  general  project  plan  shall  be
consistent with this act.
  (e) "Hudson river park" or "park" means the area in the city and coun-
ty  of  New  York within the following boundaries, but excluding pier 76
except as otherwise provided in paragraph (c)  of  subdivision  nine  of
section  seven  of  this  act  and piers 78, 88, 90, 92 and 94 and their
associated upland areas:
  (i) the southern boundary shall be the northern [boundary  of  Battery
Place  and  Battery  Place extended, provided that the Battery Park city
project area as defined in section 1972 of the  public  authorities  law
shall  not  be  included  within  the boundaries of the park] SEAWALL OF
BATTERY PARK CITY AS EXTENDED EASTERLY TO THE WESTERN  BOUNDARY  OF  THE
ROUTE 9-A BIKEWAY;
  (ii)  the  northern  boundary  shall  be the northern boundary of 59th
street and 59th street extended;
  (iii) the western boundary shall be the United States  pierhead  line;
and
  (iv)  the  eastern  boundary  shall  be  the  western boundary of West
street, eleventh avenue or twelfth avenue (whichever  boundary  is  more
westerly  at any point); provided that as any portion of the state high-
way route 9-A is completed, as certified by the commissioner  of  trans-
portation  of  the  state,  the eastern boundary of the park adjacent to
that portion shall be the western boundary of state highway  route  9-A;
provided  that the department of transportation shall retain a temporary
easement over all lands east  of  the  bulkhead  during  the  period  of
construction   of   route   9-A  for  the  sole  purpose  of  completing
construction; and provided further that (A) Thomas F. Smith Park as will
be rebuilt as part of the route 9-A project, (B)  the  area  bounded  by
14th  street, 15th street, tenth avenue and route 9-A, and (C) any addi-
tional land adjacent to the park or adjacent to route  9-A  acquired  in
accordance  with  the provisions of this act to expand the park shall be
part of the park; and provided further that  any  pier  or  upland  area
which  is  privately  owned  shall  not  be  deemed part of the park for

S. 5824                             3

purposes of this act unless transferred to or acquired by  the  city  or
state and made part of the park.
  (f)  "Incompatible  governmental  use" means a governmental use within
the park that is not a  compatible  governmental  use  or  is  otherwise
incompatible  with park use in accordance with the purposes of this act,
such as sanitation-truck parking, bus parking, and police  impound  lots
and storage facilities.
  (g) "Park/commercial use" means a use that is not a prohibited use and
is compatible with park use, and that is:
  (i)  a  transportation water dependent use, including commercial mari-
time and marine ferry terminals;
  (ii) an entertainment, retail, RESTAURANT, BROADCAST,  TELEVISION,  or
FILM  OR  MEDIA STUDIO FACILITY, commercial recreational use, COMMERCIAL
AMUSEMENTS, PERFORMING ARTS, SCHOOLS AND EDUCATIONAL FACILITIES;
  (iii) limited parking spaces incidental to permitted uses;
  (iv) solely at piers 59, 60, and 61 and the headhouse
  (commonly known as "Chelsea Piers") the uses authorized at such  piers
and  headhouse as of the effective date of this act[, including, but not
limited to, sports and studio facilities]; [or]
  (v) a  non-tourism/non-recreation heliport for commercial and emergen-
cy transportation use[.]; AND
  (VI)  SOLELY  AT  PIER  57,  BUSINESS,  PROFESSIONAL  OR  GOVERNMENTAL
OFFICES;
  (h) "Park use" means:
  (i)  public  park uses, including passive and active public open space
uses;
  (ii) public recreation, AMUSEMENT RIDES and  entertainment,  including
the arts and performing arts, on open spaces;
  (iii)  public recreation, AMUSEMENT RIDES and entertainment, including
the arts and performing arts within enclosed structures subject  to  the
limitations  on such structures specified in subdivision nine of section
seven of this act;
  (iv) small-scale boating for  recreational  and  educational  purposes
that enhance park users' access to, and enjoyment of, the water;
  (v) environmental education and research, including museums subject to
the  limitations  specified in subdivision nine of section seven of this
act;
  (vi) historic or cultural preservation including  historic  ships  and
vessels;
  (vii) wildlife and habitat protection; and
  (viii)  facilities  incidental to public access to, and use and enjoy-
ment of park  uses,  such  as  concession  stands,  information  stands,
comfort  stations, boathouses, marinas, water taxis, and stands at which
bicycles, skates, deck chairs, beach umbrellas,  fishing  tackle,  other
sports equipment or other similar products are rented or SOLD ON A SMALL
SCALE BASIS WHICH IS INCIDENTAL TO SUCH USE OR at which water-taxi tick-
ets  or  other  tourist attraction passes or meals are PROVIDED OR sold,
subject to the limitations on such structures specified  in  subdivision
nine of section seven of this act.
  Provided  that  the  following shall apply: (A) enclosed structures on
piers and other areas designated for park use shall be  subject  to  the
limitations  on such structures specified in subdivision nine of section
seven of this act, (B) in no event shall  the  following  be  deemed  to
constitute a "park use":  any amusement park, television or film studio,
commercial  cinema  or  other  for-profit entertainment facility, or any
parking facilities (except for temporary spaces  for  deliveries  or  as

S. 5824                             4

necessary  to meet local, state or federal requirements regarding access
for disabled persons); [and] (C) AS USED IN THIS SUBDIVISION, "AMUSEMENT
RIDES" SHALL MEAN CAROUSELS AND OTHER SMALL SCALE RIDES OWNED  OR  OPER-
ATED  BY  OR  ON  BEHALF  OF  THE  TRUST  THAT ARE INTENDED FOR CHILDREN
PROVIDED THAT, ANY SUCH "AMUSEMENT RIDES" MUST BE LOCATED  WEST  OF  THE
BULKHEAD  AND, PROVIDED FURTHER THAT A FERRIS WHEEL OR OTHER OBSERVATION
RIDE OR TOURIST ATTRACTION SHALL NOT BE CONSIDERED A "PARK USE"; AND (D)
the overall policy within the park shall be to provide free or  nominal-
cost recreational opportunities to the public on a broad basis.
  (i) "Permitted use" means:
  (i) park use;
  (ii) park/commercial use;
  (iii) compatible governmental use;
  (iv) uses permitted under any lease, permit, license, or other instru-
ment  in  effect  upon  the effective date of this act, whether or not a
prohibited use under this act, but only pursuant to  the  terms  of  the
instrument  and  only  for the term thereof or pursuant to any extension
according to the terms thereof if, but only if, the option to extend  is
exercised solely by and is a contractual right of the lessee, permittee,
licensee or other contractual user, and subject to the deadlines for the
removal  or  relocation of incompatible governmental uses under subdivi-
sion nine of section seven of this act.
  (j) "Prohibited use" means any of the following uses:
  (i) residential;
  (ii) manufacturing, except in furtherance of and  incidental  to  park
uses, PROVIDED THAT SMALL SCALE CREATION OF ARTISAN FOODS OR OTHER CRAFT
PRODUCTS SHALL NOT BE CONSIDERED MANUFACTURING;
  (iii)  [commercial office and] warehousing[, except office space inci-
dental to a permitted use];
  (iv) hotel;
  (v) incompatible governmental uses;
  (vi) casino and riverboat gambling, and the docking of vessels  to  be
used substantially for gambling or for transportation to such a vessel;
  (vii) any facility for motorized aircraft, including a heliport except
a heliport which is defined as a park/commercial use; [and]
  (viii)  COMMERCIAL OFFICE, EXCEPT OFFICE SPACE THAT IS INCIDENTAL TO A
PERMITTED USE, AND FURTHER PROVIDED  THAT  SUCH  PROHIBITION  SHALL  NOT
APPLY TO PIER 57; AND
  (IX)  other  uses  determined by the trust to be incompatible with the
purposes of this act.
  (k) "Hudson river park trust" or  "trust"  means  the  public  benefit
corporation established pursuant to section five of this act.
  (l)  "Water  section" means all the area of the park west of the bulk-
head line, including the water, lands under water and  space  above  the
water, but not including the piers and float bridge as they exist on the
effective date of this act.
  (m) "Water dependent use" excludes any prohibited use and means:
  (i)  any  use  that  depends  on utilization of resources found in the
water section;
  (ii) recreational activities  that  depend  on  access  to  the  water
section,  such  as  fishing,  boating,  swimming in such waters, passive
enjoyment of the Hudson river and wildlife protection and viewing;
  (iii) facilities and incidental structures needed to dock and  service
boats; [and]
  (iv)  scientific  and  educational  activities  that  by  their nature
require access to marine reserve waters[.];

S. 5824                             5

  (V)   THE   DEVELOPMENT,    OPERATION    AND    MAINTENANCE    OF    A
NON-TOURISM/NON-RECREATIONAL HELIPORT LOCATED BETWEEN WEST 29TH AND WEST
32ND  STREETS  PROVIDED (A) THAT THERE SHALL BE NO STRUCTURES OTHER THAN
THE HELICOPTER TAKE-OFF OR LANDING PADS BUILT  ON  FLOATING  STRUCTURES;
AND  (B) SUCH FLOATING STRUCTURES SHALL BE NO HIGHER THAN A PIER DECK AT
LOW TIDE; AND
  (VI) MOORING OR DOCKING OF A BARGE USED AS PART OF A CULTURAL,  EDUCA-
TIONAL,  HISTORIC OR OTHER PUBLIC PROGRAMMING IN THE PARK; PROVIDED THAT
NO MORE THAN TWO BARGES MAY BE MOORED OR DOCKED PER  YEAR  AND  PROVIDED
FURTHER  THAT  THE  DURATION  OF  ANY SUCH MOORING OR DOCKING OF A BARGE
SHALL BE LIMITED TO SIX MONTHS PER YEAR AT ANY LOCATION WITHIN THE BOUN-
DARIES OF THE PARK.
  (n) "Passive and active public open space  uses"  mean  lawns,  espla-
nades,  open  pier surfaces, areas for strolling and sitting, picnicking
areas and open space areas for sports, exercise and active play  includ-
ing,  playgrounds,  ball  fields, playing courts, and areas for running,
biking and [rollerblading]  IN-LINE  SKATING  and  similar  recreational
activities.
  S  3.  Subdivision  1 of section 7 of chapter 592 of the laws of 1998,
constituting the Hudson river park act, is amended and a new subdivision
1-a is added to read as follows:
  1. To fulfill its purposes under this act, the trust  shall  have  the
following powers, functions, duties and authority subject to the limita-
tions set forth in this act:
  (a)  to  plan,  design,  develop, construct, operate, and maintain the
Hudson river park;
  (b) to provide for the health, safety and welfare of the public  using
facilities under its jurisdiction;
  (c) to establish an advisory council;
  (d) to exercise the following general corporate powers:
  (i)  to  make  and  alter  by-laws  for  its organization and internal
management;
  (ii) to adopt, amend or rescind such rules, regulations and orders  as
may  be  necessary  or convenient for the performance or exercise of the
functions, powers and  duties  of  the  trust  in  accordance  with  the
provisions of this act;
  (iii)  to  enter  into contracts, including customary trade credits in
the ordinary course of business, with  any  person  and  do  all  things
necessary or convenient to carry out the functions, powers and duties of
the trust;
  (iv) to conduct meetings and hearings with respect to any matter under
the jurisdiction and control of the trust;
  (v)  to  bring  or defend such actions, suits or proceedings as may be
necessary or proper to perform any of the powers, functions  and  duties
of the trust;
  (vi)  to  exercise and perform such other functions, powers and duties
as shall have been or may be from time to time conferred or  imposed  by
or pursuant to law;
  (vii) to appoint such officers and employees as it may require for the
performance  of  its  duties,  and to fix and determine their qualifica-
tions, duties, and compensation and to retain or employ such persons  as
landscape  architects,  architects, historians, ecologists, marine biol-
ogists, educators, engineers, counsel, auditors, and private consultants
on a contract basis or otherwise to  render  professional  or  technical
services and advice;

S. 5824                             6

  (viii)  to  submit  legal matters to the attorney general of the state
who [may] SHALL furnish any necessary legal services and advice required
to assist the trust in accomplishing its corporate purposes;
  (ix)  to  designate  the  depositories  of  its  money and the persons
authorized to sign checks and other such instruments on its behalf;
  (x) to establish and re-establish its fiscal year;
  (xi) to procure insurance against any  loss  in  connection  with  its
property  and  other  assets and operations in such amount and from such
insurers as it deems appropriate, or enter  into  self-insurance  agree-
ments  with  the  city  and state of New York to insure against any such
loss;
  (xii) to apply for or accept any gifts or grants of funds or  personal
property  or financial or other aid in any form from the federal govern-
ment, the state or the city of New York or any agency or instrumentality
of any of the foregoing, or from any other source, in furtherance of the
performance of the trust's functions, duties and  authority  under  this
act; and
  (xiii) to prepare and approve an annual budget for its operations.
  (e) to work with the state, the city of New York, agencies and instru-
mentalities  thereof  and  other public and private entities in order to
develop interim programming for both recreational and  revenue-producing
uses within the boundaries of the park;
  (f)  to provide for meaningful public notice, participation, consulta-
tion and review in the planning, development and operation of the  park,
which  shall include, but not limited to (i) consultation with community
boards one, two and four within the Borough of Manhattan,  the  Advisory
Council, elected officials representing communities neighboring the park
and  appropriate  community,  civic  and advocacy organizations and (ii)
timely and reasonable notification to such individuals  and  groups  and
appropriate news media of each meeting of the trust and any public hear-
ings regarding significant plans or proposed actions with respect to the
park;
  (g)  to develop and oversee an annual financing plan that will combine
contributions from the federal government, the state, the  city  of  New
York and private sources for the planning and development of the park;
  (h)  to contract with any governmental entity for the trust to operate
and maintain any public property (that could be acquired to be added  to
the park under this act) as if it were part of the park; [and]
  (i)  to  regulate  the  safe operation of vessels within the pier head
line[.];
  (J) TO TRANSFER BY SALE ANY UNUSED DEVELOPMENT RIGHTS AS MAY BE AVAIL-
ABLE FOR TRANSFER TO PROPERTIES LOCATED UP TO  ONE  BLOCK  EAST  OF  THE
BOUNDARIES  OF  THE PARK ALONG THE WEST SIDE OF MANHATTAN, IF AND TO THE
EXTENT DESIGNATED AND PERMITTED UNDER LOCAL ZONING  ORDINANCES  PROVIDED
HOWEVER  THAT REVENUES DERIVED FROM THE TRANSFER OF AIR RIGHTS FROM PIER
40 MUST BE USED IN THE FIRST INSTANCE FOR THE REPAIR OF PIER 40  INFRAS-
TRUCTURE  INCLUDING  PILES AND ROOF, AFTER WHICH ANY EXCESS REVENUES MAY
BE USED BY THE TRUST FOR OTHER USES PERMITTED BY THIS ACT.  THE PROCEEDS
OF SUCH SALES SHALL BE PAID TO AND BE THE PROPERTY OF THE  TRUST.    THE
STATE  AND  THE  CITY  OF NEW YORK, EACH WITH RESPECT TO ANY TRANSFER OF
UNUSED DEVELOPMENT RIGHTS RELATED TO ITS  REAL  PROPERTY  IN  THE  PARK,
SHALL  EXPEDITIOUSLY  EXECUTE ANY REQUIRED DOCUMENTS AS MAY BE NEEDED TO
EFFECTUATE SUCH TRANSFER;
  (K) TO ESTABLISH, FIX, REVISE, LEVY AND COLLECT OR CAUSE TO BE  ESTAB-
LISHED,  FIXED, REVISED, LEVIED AND COLLECTED, A FEE FROM EACH PASSENGER
TRAVELING ON A COMMERCIAL PASSENGER VESSEL OF UP TO TWO DOLLARS ON  EACH

S. 5824                             7

TICKET,  OTHER  THAN  THOSE TRAVELING ABOARD A FERRY BOAT, AS SUCH FERRY
BOAT IS SPECIFIED IN PARAGRAPH 43 OF SUBDIVISION (A) OF SECTION 1115  OF
THE  TAX LAW, WHICH CARRIES PASSENGERS FOR THE PRIMARY PURPOSE OF ENTER-
TAINMENT,  SIGHTSEEING,  DAY  OR  DINNER  CRUISES,  AND WHICH EMBARKS OR
DISEMBARKS WITHIN THE BOUNDARIES OF THE HUDSON RIVER PARK.
  (I) DEFINITIONS. FOR PURPOSES OF THIS PARAGRAPH, THE  FOLLOWING  DEFI-
NITIONS SHALL APPLY:
  (1)  "COMMERCIAL  PASSENGER  VESSEL." A BOAT OR VESSEL THAT IS USED IN
THE COMMON CARRIAGE OF PASSENGERS IN COMMERCE, NOT INCLUDING LAND  BASED
VEHICLES OR NONCOMMERCIAL VESSELS.
  (2) "PASSENGER." AN INDIVIDUAL WHOM A COMMON CARRIER HAS CONTRACTED TO
CARRY FROM ONE PLACE TO ANOTHER, INCLUDING CARRIAGE WITH THE SAME DEPAR-
TURE AND ARRIVAL LOCATIONS.
  (3)  "LIABILITY  FOR  PAYMENT  OF FEE." THE PERSON WHO PROVIDES TRAVEL
ABOARD A COMMERCIAL PASSENGER VESSEL SHALL BE LIABLE FOR THE FEE IMPOSED
BY THIS PARAGRAPH.
  (II) RETURNS. EVERY PERSON LIABLE FOR THE FEE IMPOSED  BY  THIS  PARA-
GRAPH  SHALL  FILE  A RETURN QUARTERLY WITH THE TRUST. EACH RETURN SHALL
SHOW THE NUMBER OF PASSENGERS IN THE QUARTER FOR  WHICH  THE  RETURN  IS
FILED,  TOGETHER  WITH  SUCH OTHER INFORMATION AS THE TRUST MAY REQUIRE.
THE RETURNS REQUIRED BY THIS PARAGRAPH  SHALL  BE  FILED  FOR  QUARTERLY
PERIODS ENDING ON THE LAST DAY OF MARCH, JUNE, SEPTEMBER AND DECEMBER OF
EACH  YEAR,  AND EACH RETURN SHALL BE FILED WITHIN TWENTY DAYS AFTER THE
END OF THE QUARTERLY PERIOD COVERED  THEREBY.  IF  THE  TRUST  DEEMS  IT
NECESSARY  IN  ORDER  TO  ENSURE  THE PAYMENT OF THE FEE IMPOSED BY THIS
PARAGRAPH, THE TRUST MAY REQUIRE RETURNS TO BE MADE FOR SHORTER  PERIODS
THAN  PRESCRIBED BY THE FOREGOING PROVISIONS OF THIS PARAGRAPH, AND UPON
SUCH DATES AS THE TRUST MAY DEEM NECESSARY FOR THE PROPER ADMINISTRATION
OF THIS PARAGRAPH. THE TRUST MAY REQUIRE AMENDED  RETURNS  TO  BE  FILED
WITHIN TWENTY DAYS AFTER NOTICE AND TO CONTAIN THE INFORMATION SPECIFIED
IN THE NOTICE. THE TRUST MAY REQUIRE THAT THE RETURNS BE FILED ELECTRON-
ICALLY.
  (III)  PAYMENT  OF  FEE.  EVERY PERSON REQUIRED TO FILE A RETURN UNDER
THIS PARAGRAPH SHALL, AT THE TIME OF FILING  SUCH  RETURN,  PAY  TO  THE
TRUST  THE  TOTAL  OF ALL FEES IMPOSED BY THIS PARAGRAPH, ON THE CORRECT
NUMBER OF PASSENGERS SUBJECT TO FEES UNDER THIS PARAGRAPH. THE AMOUNT SO
PAYABLE TO THE TRUST FOR THE PERIOD FOR WHICH A RETURN IS REQUIRED TO BE
FILED SHALL BE DUE AND PAYABLE TO THE TRUST  ON  THE  DATE  LIMITED  FOR
FILING OF THE RETURN FOR SUCH PERIOD, WITHOUT REGARD TO WHETHER A RETURN
IS  FILED  OR  WHETHER  THE  RETURN  WHICH  IS FILED CORRECTLY SHOWS THE
CORRECT NUMBER OF PASSENGERS OR THE AMOUNT  OF  FEES  DUE  THEREON.  THE
TRUST MAY REQUIRE THAT THE FEE BE PAID ELECTRONICALLY.
  1-A. THE TRUST SHALL NOT BE AUTHORIZED TO FORGO OR ASSIGN ANY REVENUES
OR PAYMENTS DUE TO IT BY LAW, PROVIDED HOWEVER THAT THE TRUST MAY ASSIGN
REVENUES  OR  PAYMENTS TO MAINTAIN, RECONSTRUCT AND REPAIR THE PIERS AND
BULKHEADS EXISTING AND AS DEPICTED IN THE MAY 20,  1998  FINAL  ENVIRON-
MENTAL  IMPACT  STATEMENT WITHIN THEIR HISTORIC FOOTPRINTS OR BOUNDARIES
SUBJECT TO A DETERMINATION BY THE DEPARTMENT OF ENVIRONMENTAL  CONSERVA-
TION  THAT,  TO  THE MAXIMUM EXTENT PRACTICABLE, ANY SIGNIFICANT ADVERSE
IMPACT ON THE MARINE ENVIRONMENT RESULTING FROM SUCH MAINTENANCE, RECON-
STRUCTION OR REPAIR WILL BE MINIMIZED OR AVOIDED, AND  PROVIDED  FURTHER
THAT  THE RECONSTRUCTION OF PIER 54 SHALL NOT BE SUBJECT TO THE HISTORIC
FOOTPRINT RESTRICTION.
  S 4. Subdivision 2 of section 7 of chapter 592 of the  laws  of  1998,
constituting the Hudson river park act, is amended to read as follows:

S. 5824                             8

  2.  The  trust  shall not be authorized to issue bonds, notes or other
similar obligations, whether or not negotiable or  to  contract  to  pay
debt  service  on such obligations issued by any other entity. The trust
shall not have the power of eminent domain and shall not  be  authorized
to  acquire or hold title to real property.  The trust shall not provide
direct financial assistance to attract,  expand  or  retain  a  business
within  the  park.    NOTWITHSTANDING THE PROHIBITIONS SET FORTH IN THIS
SUBDIVISION, THE TRUST SHALL BE PERMITTED TO PAY FOR OR  TO  ENTER  INTO
ASSIGNMENT  CONTRACTS  IN  CONNECTION WITH SITE SPECIFIC IMPROVEMENTS TO
EXISTING INFRASTRUCTURE, AS AUTHORIZED PURSUANT TO SUBDIVISION ONE-A  OF
THIS  SECTION,  WITHIN  THE PARK UNDERTAKEN BY OR ON BEHALF OF THE TRUST
FOR THE PURPOSE OF MAINTAINING AN ASSET WITHIN THE PARK, WHICH SHALL NOT
BE DEEMED DIRECT  FINANCIAL  ASSISTANCE  IRRESPECTIVE  OF  WHETHER  SUCH
INFRASTRUCTURE ALSO SERVES A BUSINESS.
  S 5. Paragraph (b) of subdivision 3 of section 7 of chapter 592 of the
laws of 1998, constituting the Hudson river park act, is amended to read
as follows:
  (b) Upon the coming into existence of the trust, it shall exercise its
rights,  powers,  responsibilities,  and duties with respect to the park
under this act. The state and the city of New York, each with respect to
its real property in the park, shall expeditiously enter into agreements
with the trust, whether by lease or otherwise, for a term not to  exceed
99  years  [and],  PROVIDED  THAT  THE  STATE AND CITY OF NEW YORK SHALL
EXTEND SUCH LEASE OR OTHER AGREEMENTS UNTIL MARCH 31, 2112  PURSUANT  TO
THIS  CHAPTER OF THE LAWS OF 2013 AND TO MODIFY THE INSURANCE AND INDEM-
NIFICATION PROVISIONS THEREOF SUCH THAT THE STATE AND CITY, EACH TO  THE
EXTENT  OF ITS OWNERSHIP OF THE REAL PROPERTY IN THE PARK, SHALL PROVIDE
FOR INSURANCE, DEFENSE AND INDEMNIFICATION OBLIGATIONS RUNNING FROM  THE
STATE  OR  CITY, AS THE CASE MAY BE, TO THE TRUST IN CONNECTION WITH AND
TO THE EXTENT OF ANY AND ALL BODILY INJURY  OR  PROPERTY  DAMAGE  CLAIMS
ALLEGED  TO  OCCUR ON OR RELATE TO THEIR RESPECTIVE REAL PROPERTY IN THE
PARK AND TO ELIMINATE ANY OBLIGATIONS ON THE PART OF THE TRUST  IN  SUCH
LEASE AGREEMENTS TO PROVIDE INSURANCE, DEFENSE OR INDEMNIFICATION TO THE
STATE OR CITY, AS THE CASE MAY BE, IN CONNECTION WITH SUCH ALLEGED BODI-
LY  INJURY OR PROPERTY DAMAGE CLAIMS. THE STATE AND CITY, AS APPLICABLE,
SHALL execute such other instruments as  necessary,  whereby  the  trust
shall  receive  a  possessory interest in the real property and exercise
its rights, powers, responsibilities, and duties, all in accordance with
this act.
  S 6. Subdivision 7 of section 7 of chapter 592 of the  laws  of  1998,
constituting the Hudson river park act, is amended to read as follows:
  7. [No later than February 1 of each year following the effective date
of  this act and within 60] EACH YEAR WITHIN 90 days after the [later of
the effective date of this act] CLOSE OF THE TRUST'S FISCAL YEAR or  the
adoption  of  the general project plan or any amendment, the trust shall
deliver to the governor, the speaker  of  the  assembly,  the  temporary
president of the senate, the state comptroller, the mayor of the city of
New  York,  the speaker of the city council of the city of New York, the
comptroller of the city of New York and community boards one,  two,  and
four  within  the  borough  of  Manhattan,  a current copy of the annual
financing plan and any amendments to the general project  plan  for  the
park  and  the  trust  shall, within the same time, make such plan and a
current copy of its regulations available for public  inspection  during
business hours at the offices of the trust within the city of New York.
  S  7.  Subdivision 11 of section 7 of chapter 592 of the laws of 1998,
constituting the Hudson river park act, is amended to read as follows:

S. 5824                             9

  11. Except as otherwise provided in THIS SUBDIVISION, IN PARAGRAPH (J)
OF SUBDIVISION 1 OF THIS SECTION, IN paragraph (b) of subdivision  3  of
this  section  OR  IN CHAPTER 288 OF THE LAWS OF 2005, the trust may not
enter into a lease, concession agreement,  license  or  other  agreement
relating  to  any part of the park for periods in excess of thirty years
in total; EXCEPT THAT SUCH DURATION RESTRICTION SHALL NOT APPLY TO PIERS
57, 59, 60, 61, 76, 81, 83 AND 98 WHERE  THE  TRUST  MAY  ENTER  INTO  A
LEASE,  CONCESSION  AGREEMENT,  LICENSE OR OTHER AGREEMENT FOR A TERM OR
TERMS THAT MAY BE UP TO FORTY-NINE YEARS AND EXCEPT THAT  SUCH  DURATION
RESTRICTION SHALL NOT APPLY TO SUCH PIERS WHERE THE TRUST MAY ENTER INTO
A  LEASE, CONCESSION AGREEMENT, LICENSE OR OTHER AGREEMENT FOR A TERM OR
TERMS THAT MAY BE UP  TO  NINETY-NINE  YEARS,  PROVIDED,  HOWEVER,  SUCH
LEASE, CONCESSION AGREEMENT, LICENSE OR OTHER AGREEMENT SHALL ONLY OCCUR
UPON THE CONDITION THAT SUCH AGREEMENTS ARE IDENTIFIED AND AUTHORIZED IN
A  MEMORANDUM  OF  UNDERSTANDING  BETWEEN THE GOVERNOR, THE MAYOR OF THE
CITY OF NEW YORK, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER
OF  THE ASSEMBLY AFTER CONSULTATION WITH THE MEMBERS OF THE ASSEMBLY AND
SENATE REPRESENTING THE AREA WHERE THE PIER THAT IS THE SUBJECT  OF  THE
AGREEMENT IS LOCATED; AND provided FURTHER that any such agreement for a
period  in  excess  of  ten years shall be for the purpose of assuring a
lessee, licensee, concessionaire or other party  to  an  agreement  with
adequate  protection against loss of investments in developing, renovat-
ing, improving, furnishing, and equipping properties  within  the  park.
Any  proposed lease, concession agreement, license or other agreement by
the trust for a period  in  excess  of  ten  years  shall  constitute  a
proposed  significant  action subject to the requirements of subdivision
six of this section. The trust shall promulgate  rules  and  regulations
governing  leases,  concession agreements, licenses or other agreements.
Such rules and regulations shall require the trust to issue a bid  pros-
pectus  for any leases, concession agreements, licenses and other agree-
ments which would provide for a total capital investment in the park  of
no  less  than  one million dollars over the proposed term of the agree-
ment. The bid prospectus submitted to prospective bidders shall  contain
specific  information  concerning the nature of the capital improvements
or equipment to be provided  by  the  successful  bidder  and  shall  be
provided  to  community  boards  one, two and four within the borough of
Manhattan.
  S 8. Paragraphs (c), (h) and (i) of subdivision  9  of  section  7  of
chapter 592 of the laws of 1998, constituting the Hudson river park act,
are amended to read as follows:
  (c)  The  city  of New York shall use best efforts to relocate the tow
pound on Pier 76.  Subsequent to relocation of the tow pound, [the  city
of  New  York  shall  convey to the trust a possessory interest in fifty
percent of Pier 76 for passive and active public open space  use  for  a
period  not to exceed 99 years, provided that such open space portion of
Pier 76 shall be contiguous to water.  Upon such conveyance, the portion
so conveyed will become part of the park and will  be  used  solely  for
passive  and  active public open space uses.] THE CITY OF NEW YORK SHALL
PROMPTLY CONVEY TO THE TRUST A POSSESSORY INTEREST IN PIER 76 CONSISTENT
WITH SUCH INTEREST PREVIOUSLY CONVEYED WITH RESPECT TO OTHER PORTIONS OF
THE PARK, PROVIDED THAT AT LEAST FIFTY PERCENT OF THE PIER 76  FOOTPRINT
SHALL  BE USED FOR PARK USES THAT ARE LIMITED TO PASSIVE AND ACTIVE OPEN
SPACE AND WHICH SHALL BE CONTIGUOUS TO WATER AND PROVIDED  FURTHER  THAT
THE  REMAINING  PORTION  SHALL  BE  FOR  PARK/COMMERCIAL  USE. UPON SUCH
CONVEYANCE, PIER 76 SHALL BECOME PART OF THE PARK.

S. 5824                            10

  (h) On each of the piers identified in paragraph (a) of this  subdivi-
sion  (i)  not less than eighty percent of the surface area of each such
pier shall be used solely for passive and active public open space uses,
or for habitat and wildlife protection in the case of any pier for  that
purpose,  and (ii) not more than ten percent of the surface area of each
such pier shall be  covered  by  enclosed  structures;  [provided  that]
EXCEPT  THAT AN ENCLOSED, TWO STORY STRUCTURE WITH A COVERAGE LIMITATION
OF 12,000 SQUARE FEET THAT IS BUILT FOR USE AS AN ESTUARIUM FACILITY  IS
PERMITTED  at Pier 26, [the coverage limitation shall be fifteen percent
and at Pier 64, the existing structures at that pier  (or  any  portions
thereof)  may  be retained for permitted park uses without regard to the
requirements of subparagraphs (i) and (ii) of this  paragraph]  AND  THE
COVERAGE  LIMITATION  AT PIER 97 SHALL BE NO MORE THAN A TOTAL OF 12,000
SQUARE FEET.
  (i) Consistent with the general project plan, the  area  of  the  park
east  of  the  bulkhead  line  shall  be used solely for park use and to
permit access to permitted uses; provided that this limitation shall not
apply to (I) those areas east of the bulkhead line that are occupied  by
pier  headhouses  or  other pier-related structures at the base of piers
57, 59, 60, and 61; (II) A ONE STORY HELIPORT  TERMINAL  BUILDING,  FUEL
TANK STRUCTURE AND FIVE ACCESSORY PARKING SPACES USED IN CONNECTION WITH
A WATER DEPENDENT NON-TOURISM/NON-RECREATIONAL HELIPORT TO BE LOCATED ON
A  FLOATING  STRUCTURE  LOCATED  BETWEEN WEST 29TH AND WEST 32ND STREETS
PROVIDED THAT THE LANDING AND TAKEOFF AREA LOCATED EAST OF THE  BULKHEAD
MAY  CONTINUE  TO OPERATE UNTIL THE LANDING AND TAKEOFF AREA WEST OF THE
BULKHEAD IS COMPLETED AND OPERATIONAL; OR (III)  AN  INTERIM  COMMERCIAL
RECREATIONAL  USE  ALONG  THE  UPLAND  PARK  AREA  BETWEEN 29TH AND 34TH
STREETS, PROVIDED THAT:  (A) ANY SUCH RELATED ENCLOSED  STRUCTURE  SHALL
NOT EXCEED TWO STORIES; (B) ANY SUCH USE AND ANY RELATED ENCLOSED STRUC-
TURE  SHALL NOT EXCEED A MAXIMUM OF TWO HUNDRED FEET IN LENGTH AND SHALL
MAINTAIN OPEN VIEW CORRIDORS TO THE HUDSON RIVER  FROM  STREETS  RUNNING
TOWARDS  AND  AWAY  FROM  THE  PARK  AND SHALL NOT BE LOCATED WITHIN ANY
DESIGNATED VISUAL CORRIDORS CONSISTENT WITH AND TO THE  EXTENT  REQUIRED
UNDER  THE  CITY  OF  NEW YORK ZONING REQUIREMENTS; AND (C) SUCH INTERIM
UPLAND COMMERCIAL RECREATIONAL USE SHALL NOT BE PERMITTED TO BE  LOCATED
OR CONTINUE TO OPERATE AFTER JULY 1, 2024.
  S  9.  Subdivision  3 of section 8 of chapter 592 of the laws of 1998,
constituting the Hudson river park act, is amended by adding a new para-
graph (e) to read as follows:
  (E) NOTWITHSTANDING THE PROHIBITION IN PARAGRAPH (B) OF THIS  SUBDIVI-
SION  ON  THE  PLACING  OF PILINGS IN THE HUDSON RIVER, PARAGRAPH (C) OF
THIS SUBDIVISION ON BUILDINGS OUTSIDE OF HISTORIC  FOOTPRINTS,  OR  LIKE
PROHIBITIONS  IN SECTION 382-A OF CHAPTER 190 OF THE LAWS OF 1990 TO THE
CONTRARY, PIER 54 MAY BE RECONSTRUCTED OUTSIDE OF ITS HISTORIC FOOTPRINT
PROVIDED THAT THE LENGTH OF SUCH PIER DOES NOT EXCEED 700 FEET  AND  THE
TOTAL  SQUARE FOOTAGE OF SUCH RECONSTRUCTED PIER, INCLUDING ANY ADJACENT
PLATFORM AREAS OR ACCESS WAYS, DOES NOT EXCEED 150,000 SQUARE  FEET  AND
PROVIDED  FURTHER  THAT SUCH RECONSTRUCTION COMPLIES WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND PROVIDED  FURTHER  THAT  THE  HISTORIC
ELEMENTS  FROM  THE  WHITE  STAR  LINE, INCLUDING THE IRON ARCH, MUST BE
INCORPORATED IN ANY RECONSTRUCTION/REDESIGN.
  S 10. Subdivision 5 of section 7 of chapter 592 of the laws  of  1998,
constituting the Hudson river park act, is amended to read as follows:
  5.  The  only  uses  or  structures within the park which shall not be
subject to zoning and other land use laws and regulations of the city of
New York shall be passive and active public open space  uses;  PROVIDED,

S. 5824                            11

HOWEVER,  THAT  FOR DEVELOPMENT ON EXISTING PIERS, WITH USES OR PROPOSED
USES THAT: (1) QUALIFY AS "PARK USE" OR "PARK/COMMERCIAL USE" AS EACH IS
DEFINED IN THIS ACT, AND (2) PROVIDE FOR A MINIMUM OF FIFTY  PERCENT  OF
THE  FOOTPRINT  OF  SUCH PIER DEDICATED TO PUBLIC OPEN SPACE INCLUDING A
PERIMETER WATERSIDE WALKWAY SURROUNDING THE ENTIRETY OF THE PIER  OR  SO
MUCH OF THE PIER AS IS FEASIBLE, THEN IN SUCH CASE ZONING REGULATIONS OF
THE  CITY  OF  NEW  YORK  WHICH  REQUIRE CERTAIN DESIGN AND PLACEMENT OF
BENCHES AND LIGHTING SHALL NOT APPLY IN CONNECTION WITH ANY  DEVELOPMENT
THAT IS OTHERWISE IN ACCORDANCE WITH THIS ACT.
  S  11. Section 14 of chapter 592 of the laws of 1998, constituting the
Hudson River park act, is amended by adding a new subdivision 4 to  read
as follows:
  4.  SHOULD  THIS  ACT  PERMIT THE CONSTRUCTION, OPERATION AND USE OF A
HOTEL OR MEETING SPACE WITHIN ANY PORTION OF THE PARK, THE TRUST OR  THE
CONTRACTOR  OR  SUB-CONTRACTOR  OF SUCH PROJECT SHALL ENTER INTO A VALID
AGREEMENT ENFORCEABLE UNDER 29 U.S.C.S 185 WITH EACH LABOR  ORGANIZATION
THAT  IS  ACTIVELY  ENGAGED  IN  REPRESENTING OR ATTEMPTING TO REPRESENT
HOSPITALITY INDUSTRY WORKERS IN THE STATE. SUCH AGREEMENT  SHALL,  AT  A
MINIMUM,  PROTECT  THE  TRUST'S PROPRIETARY INTERESTS BY PROHIBITING THE
LABOR ORGANIZATION AND ITS MEMBERS  FROM  ENGAGING  IN  PICKETING,  WORK
STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE WITH THE OPERA-
TION  OF THE FACILITY OR ASSOCIATED HOSPITALITY OPERATIONS FOR THE DURA-
TION OF THE TRUST'S PROPRIETARY INTEREST.
  S 12. Severability. If any judgment or order of any court shall nulli-
fy, limit or invalidate any provision or application of this act, or  if
any  provision  or  application  of  this  act  is legally determined to
violate or be inconsistent with any  federal  law  or  regulation,  that
judgment  or  order  shall  not  be construed as nullifying, limiting or
invalidating any other provisions or application of this act.
  S 13. This act shall take effect immediately.

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