Assembly Bill A10705

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

                                  10705

                          I N  A S S E M B L Y

                              June 15, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
  -- read once and referred to the Committee on Cities

AN ACT to amend the Hudson river park act and the New York city charter,
  in relation to 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. 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:
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16294-03-2
              

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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 9A 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
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, TELEVISION OR  FILM  STUDIO,  COMMUNITY
NON-COMMERCIAL RECREATIONAL SPORTS FACILITIES, or commercial recreation-
al use;
  (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[.];
  (VI)  SOLELY  ON THAT PORTION OF PIER 76 THAT IS NOT USED AS PARK USE,
PARKING, BUSINESS, PROFESSIONAL OR  GOVERNMENTAL  OFFICES,  RESIDENTIAL,

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HOTEL, SPA AND RELATED ANCILLARY OPERATIONS AND FACILITIES ONLY UPON THE
CONDITION  THAT  SUCH USES 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  PIER  76  IS LOCATED; SUCH MEMORANDUM OF
UNDERSTANDING  MAY  IDENTIFY,  DESCRIBE  AND  LIMIT  SPECIFIC  USES  AND
PROJECTS  THAT  MAY BE CONSIDERED "PARK/COMMERCIAL USE" PURSUANT TO THIS
PARAGRAPH AND MAY AUTHORIZE THE TRUST TO ENTER INTO A LEASE,  CONCESSION
AGREEMENT, LICENSE OR OTHER AGREEMENT RELATED TO USES ON SUCH PIER FOR A
TERM  OR  TERMS  THAT  ARE  COTERMINOUS WITH THE DURATION OF THE TRUST'S
MASTER LEASE WITH THE CITY OR STATE; OR
  (VII) SOLELY AT PIER 40, PARKING, BUSINESS,  PROFESSIONAL  OR  GOVERN-
MENTAL  OFFICES,  A FINE ARTS GALLERY OR STUDIO OWNED OR OPERATED BY THE
CITY UNIVERSITY OF NEW YORK AND RELATED ANCILLARY OPERATIONS AND FACILI-
TIES ONLY UPON THE CONDITION THAT SUCH USES ARE IDENTIFIED  AND  AUTHOR-
IZED 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 PIER 40 IS LOCATED; SUCH
MEMORANDUM  OF  UNDERSTANDING  MAY IDENTIFY, DESCRIBE AND LIMIT SPECIFIC
USES AND PROJECTS THAT MAY BE CONSIDERED "PARK/COMMERCIAL USE"  PURSUANT
TO  THIS  PARAGRAPH  AND  MAY AUTHORIZE THE TRUST TO ENTER INTO A LEASE,
CONCESSION AGREEMENT, LICENSE OR OTHER AGREEMENT RELATED TO USES ON SUCH
PIER FOR A TERM OR TERMS UP TO 49 YEARS IN LENGTH.
  (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  at  which
water-taxi tickets or other tourist attraction passes or meals are 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

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parking  facilities  (except  for  temporary spaces for deliveries or as
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 BY THE
TRUST THAT ARE INTENDED FOR CHILDREN PROVIDED THAT, ANY SUCH  "AMUSEMENT
RIDES"  MUST BE LOCATED WEST OF THE BULKHEAD AND, PROVIDED FURTHER THAT,
EXCEPT AT PIER 76, 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  recre-
ational 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 EXCEPT AT PIER 76 IF RESIDENTIAL USE IS AUTHORIZED  AT
SUCH  PIER  BY MEMORANDUM OF UNDERSTANDING PURSUANT TO SUBPARAGRAPH (VI)
OF PARAGRAPH (G) OF THIS SECTION;
  (ii) manufacturing, except in furtherance of and  incidental  to  park
uses,  PROVIDED THAT AT PIER 57 SMALL SCALE CREATION OF ARTISAN FOODS OR
OTHER CRAFT PRODUCTS SHALL NOT BE  CONSIDERED    MANUFACTURING  AND,  AT
PIERS 40 AND 76, SUCH SMALL SCALE CREATION SHALL NOT BE CONSIDERED MANU-
FACTURING  IF  SUCH  SMALL SCALE CREATION IS AUTHORIZED AT SUCH PIERS BY
MEMORANDUM OF UNDERSTANDING PURSUANT TO PARAGRAPH (G) OF THIS SECTION;
  (iii) commercial office and warehousing,  except  office  space  inci-
dental to a permitted use; PROVIDED THAT COMMERCIAL OFFICE USE SHALL NOT
BE  CONSIDERED  A PROHIBITED USE AT PIERS 40 AND 76 IF COMMERCIAL OFFICE
USE IS AUTHORIZED AT SUCH PIERS BY MEMORANDUM OF UNDERSTANDING  PURSUANT
TO PARAGRAPH (G) OF THIS SECTION;
  (iv)  hotel  EXCEPT AT PIER 76 IF HOTEL USE IS AUTHORIZED AT SUCH PIER
BY MEMORANDUM OF UNDERSTANDING PURSUANT TO SUBPARAGRAPH  (VI)  OF  PARA-
GRAPH (G) OF THIS SECTION;
  (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) 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:

A. 10705                            5

  (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.
  (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 and similar recreational activities.
  S 2. Paragraphs (b), (c), (h) and (i) of subdivision 9 and subdivision
11  of  section  7  of chapter 592 of the laws of 1998, constituting the
Hudson river park act, are amended to read as follows:
  (b) No less than the equivalent of fifty percent of the  footprint  of
Pier  40 shall be passive and active public open space; provided that up
to one hundred percent of this pier may be limited to park  use  by  the
general  project  plan;  PROVIDED FURTHER THAT IF A MEMORANDUM OF UNDER-
STANDING IS ENTERED INTO PURSUANT TO SUBPARAGRAPH (VII) OF PARAGRAPH (G)
OF SECTION THREE OF THIS ACT, THEN NO LESS THAN  SIXTY-FIVE  PERCENT  OF
THE  PIER  FOOTPRINT  SHALL BE USED FOR SPORTS EXERCISE AND ACTIVE PLAY,
INCLUDING BALL FIELDS, PLAYING COURTS, AND AREAS  FOR  RUNNING,  BIKING,
ROLLERBLADING  AND  SIMILAR RECREATION ACTIVITIES.   Notwithstanding any
other provision of this act to the contrary, Pier 40  may  be  used  for
parking  for passenger vehicles with a seating capacity of 10 passengers
or less, provided however such use shall be predominantly for  long-term
parking.
  (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] ALL INCOM-
PATIBLE GOVERNMENTAL USES AT PIER 76, INCLUDING THE TOW POUND AND MOUNT-
ED POLICE FACILITY, SHALL BE RELOCATED BY DECEMBER 31, 2015 AFTER WHICH,
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] AT LEAST FIFTY PERCENT OF THE PIER  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 convey-
ance, [the portion so conveyed will] PIER 76 shall become  part  of  the
park  [and  will be used solely for passive and active public open space
uses].
  (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, ONE-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

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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 (I) solely for park use  and  to
permit access to permitted uses; provided that this limitation shall not
apply to 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; OR (II) A 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 STRUCTURE 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 VIEW CORRIDORS AS  SUCH  CORRIDORS  ARE
DEFINED  UNDER  THE  CITY  OF NEW YORK ZONING REQUIREMENTS; AND (C) THIS
SUBPARAGRAPH SHALL NOT APPLY AFTER JULY 1, 2024.
  11. Except as otherwise provided in paragraph (b) of subdivision 3  of
this  section  AND  EXCEPT  AS  OTHERWISE PROVIDED AT PIERS 40 AND 76 BY
MEMORANDUM OF UNDERSTANDING PURSUANT TO SUBPARAGRAPHS (VI) AND (VII)  OF
PARAGRAPH  (G)  OF SECTION 3 OF THIS ACT, 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;
provided FURTHER that any such agreement for a period in excess  of  ten
years  shall  be for the purpose of assuring a lessee, licensee, conces-
sionaire or other party to an agreement with adequate protection against
loss of investments in developing,  renovating,  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,  conces-
sion  agreements,  licenses  or  other  agreements. Such rules and regu-
lations shall require the trust to issue a bid prospectus for any  leas-
es,  concession  agreements,  licenses  and other agreements which would
provide for a total capital investment in the park of no less  than  one
million  dollars  over the proposed term of the agreement. The bid pros-
pectus submitted to prospective bidders shall contain specific  informa-
tion  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  3.  Subdivision 10 of section 7 of chapter 592 of the laws of 1998,
constituting the Hudson river park act, is amended by adding a new para-
graph (d) to read as follows:
  (D) THE TRUST MAY FIX, ESTABLISH AND COLLECT FEES  UPON  OPERATORS  OF
COMMERCIAL  VESSELS,  SHIPS,  BOATS,  FERRIES AND OTHER DEVICES THAT ARE
USED FOR TRANSPORTATION WATER DEPENDENT USES  FOR  EACH  PASSENGER  THAT
EMBARKS OR DISEMBARKS WITHIN THE PARK PROVIDED THAT SUCH FEE SHALL EQUAL
ONE  DOLLAR PER PASSENGER AND PROVIDED FURTHER THAT SUCH FEE SHALL EQUAL
TEN DOLLARS PER PASSENGER OF A CRUISE SHIP AT PIERS 88, 90 AND 92.
  S 4. 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 PARAGRAPH (B) OF THIS SUBDIVISION OR ANY PROVISION
OF  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

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SQUARE FOOTAGE OF SUCH RECONSTRUCTED PIER, EXCLUDING  ADJACENT  PLATFORM
AREAS,  DOES  NOT  EXCEED THE TOTAL SQUARE FOOTAGE OF ITS HISTORIC FOOT-
PRINT AND PROVIDED FURTHER THAT SUCH RECONSTRUCTION  COMPLIES  WITH  ALL
APPLICABLE FEDERAL, STATE AND CITY LAWS.
  S  5.  Subdivision 1 of section 13 of chapter 592 of the laws of 1998,
constituting the Hudson river park act, is amended to read as follows:
  1. Unless otherwise provided, any person  who  violates  any  rule  or
regulation  adopted pursuant to this act, shall be guilty of a violation
punishable solely by a  fine  not  to  exceed  five  [hundred]  THOUSAND
dollars.
  S  6.  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 7. Paragraph 9-b of subdivision a of section 533  of  the  New  York
city  charter, as amended by local law number 35 of the city of New York
for the year 2008, is amended to read as follows:
  9-b. by agreement with the Hudson river park trust (a  public  benefit
corporation  established  pursuant  to  section five of the Hudson river
park act, chapter five  hundred  ninety-two  of  the  laws  of  nineteen
hundred  ninety-eight),  to  enforce  the  rules and regulations of such
trust relating to the use, government and protection of the Hudson river
park, created pursuant to section four of such act. In addition to or as
an alternative to any of the remedies or penalties  provided  under  any
other provision of law, violation of such rules and regulations shall be
punishable  by  a civil penalty of not more than five [hundred] THOUSAND
dollars for each violation, which  may  be  recovered  in  a  proceeding
before  the  environmental  control  board.  Such  proceeding  shall  be
commenced by a notice of violation returnable  before  such  board.  The
procedures  set forth in section one thousand forty-nine-a of this char-
ter applicable to the adjudication by the environmental control board of
violations within the jurisdiction of the commissioner  shall  apply  to
the  adjudication  of  violations  of such rules and regulations by such
board and final orders of such board imposing civil penalties  for  such
violations  shall  constitute judgments that may be entered and enforced
as set forth in such section.
  S 8. Fifteen million dollars of funding for New York Works Infrastruc-
ture projects shall be made available to the Hudson  River  park  trust,
created  pursuant  to  chapter  592 of the laws of 1998, in state fiscal
year 2012-2013 for capital maintenance including bulkhead or pier repair
and reconstruction within the Hudson River park that requires  immediate
maintenance,  repair  and  reconstruction  so  as to maintain structural
soundness, safety and continued use of park infrastructure.
  S 9. This act shall take effect immediately.