NY State Assembly Bill 2017-A11231A

Assembly Bill A11231A

Signed By Governor

2017-2018 Legislative Session

Relates to the granting of a permanent vested easement for the Hudson river rail tunnel

download bill text pdf

Archive: Last Bill Status Via S9039 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2018	signed chap.515
Dec 18, 2018	delivered to governor
Jun 20, 2018	returned to senate passed assembly ordered to third reading rules cal.481 substituted for a11231a
Jun 20, 2018	substituted by s9039b rules report cal.481 reported reported referred to rules
Jun 19, 2018	reported referred to ways and means
Jun 17, 2018	print number 11231a
Jun 17, 2018	amend (t) and recommit to cities
Jun 15, 2018	referred to cities

Votes

- Jun 20, 2018 - Floor Vote
  S9039
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (60)
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 19, 2018 - Rules Committee Vote
  S9039
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2018
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Griffo

Bill Amendments

Original

A (Active)

2017-A11231 - Details

See Senate Version of this Bill:: S9039
Law Section:: New York City
Laws Affected:: Amd §§3 & 7, Chap 592 of 1998

2017-A11231 - Summary

Relates to the granting of a permanent vested easement for the Hudson river rail tunnel.

2017-A11231 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11231
 
                           I N  A S S E M B L Y
 
                               June 15, 2018
                                ___________
 
 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 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 Tunnel Project
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of section 3 of chapter 592 of  the  laws  of
 1998,  constituting the Hudson river park act, as amended by chapter 517
 of the laws of 2013, is amended to read as follows:
   (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, AND RAIL AND ROAD TUNNELS, including
 the CONSTRUCTION, repair, maintenance, operation, and replacement there-
 of; 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.
   § 2. Paragraph (c) 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:
   (c) No part of the real property in the park may be alienated, sold or
 otherwise  disposed  of  (except  for any lease, license or other encum-
 brance consistent with this act) other than by act of  the  legislature,
 EXCEPT  THAT  A  PERMANENT VESTED EASEMENT MAY BE GRANTED FOR THE HUDSON
 TUNNEL PROJECT SUBJECT TO APPROVAL OF THE  TRUST,  CONSISTENT  WITH  THE
 TRUST LEASE WITH THE STATE OF NEW YORK AS AUTHORIZED BY PARAGRAPH (B) OF
 SUBDIVISION  3 OF THIS SECTION AND THE TRUST LEASE FOR THE HUDSON TUNNEL
 PROJECT AS AUTHORIZED BY SUBDIVISION 11 OF THIS  SECTION,  and,  in  the
 case  of  real property held by the city of New York, without compliance
 with the uniform land use review 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.

                                                            LBD16204-01-8

 A. 11231                            2
 
   §  3.  Subdivision 11 of section 7 of chapter 592 of the laws of 1998,
 constituting the Hudson river park act, as amended by chapter 517 of the
 laws of 2013, is amended to read as follows:
   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 (I)
 THE HUDSON TUNNEL PROJECT, WHICH USE SHALL BE PERMITTED, WHERE THE TRUST
 MAY ENTER INTO A LEASE FOR A TERM COTERMINOUS WITH ITS  LEASE  WITH  THE
 STATE OF NEW YORK PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION 3 OF THIS
 SECTION,  WHICH  LEASE  SHALL  BE  SUBJECT TO AUTOMATIC RENEWAL WITH ANY
 EXTENSIONS OF THE TERM OF THE UNDERLYING STATE LEASE THAT IS  AUTHORIZED
 UNDER  THIS  ACT, AND (II) 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  invest-
 ments  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 promul-
 gate  rules  and  regulations  governing  leases, concession agreements,
 licenses or other agreements. Such rules and regulations  shall  require
 the  trust  to  issue a bid prospectus for any leases, concession agree-
 ments, 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, EXCEPT THAT THE TRUST SHALL  NOT  BE
 REQUIRED  TO  ISSUE  A BID PROSPECTUS FOR A COMPATIBLE GOVERNMENTAL USE.
 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.
   § 4. This act shall take effect immediately. Effective immediately the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made on or before such date.

2017-A11231A (ACTIVE) - Details

See Senate Version of this Bill:: S9039
Law Section:: New York City
Laws Affected:: Amd §§3 & 7, Chap 592 of 1998

2017-A11231A (ACTIVE) - Summary

Relates to the granting of a permanent vested easement for the Hudson river rail tunnel.

2017-A11231A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11231--A
 
                           I N  A S S E M B L Y
 
                               June 15, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
   -- read once and referred to the  Committee  on  Cities  --  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:
 
   Section  1.  Paragraph  (b) of section 3 of chapter 592 of the laws of
 1998, constituting the Hudson river park act, as amended by chapter  517
 of the laws of 2013, is amended to read as follows:
   (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,  AND  RAIL  TUNNELS,  including  the
 CONSTRUCTION,  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  trans-
 fer station on pier 99.
   § 2. Paragraph (c) 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:
   (c) No part of the real property in the park may be alienated, sold or
 otherwise  disposed  of  (except  for any lease, license or other encum-
 brance consistent with this act) other than by act of  the  legislature,
 EXCEPT  THAT  A  PERMANENT VESTED EASEMENT MAY BE GRANTED FOR THE HUDSON
 RIVER RAIL TUNNEL BETWEEN NEW YORK AND NEW  JERSEY  CROSSING  UNDER  THE
 SURFACE OF THE PARK BETWEEN WEST 27TH AND WEST 30TH STREETS (THE "HUDSON
 RIVER  RAIL  TUNNEL")  SUBJECT TO APPROVAL OF THE TRUST, CONSISTENT WITH
 THE TRUST LEASE FOR THE HUDSON RIVER RAIL TUNNEL AS AUTHORIZED BY SUBDI-
 VISION 11 OF THIS SECTION, and, in the case of real property held by the
 city of New York, without compliance with the uniform  land  use  review
 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.
                                                            LBD16204-03-8

 A. 11231--A                         2
 
   §  3.  Subdivision 11 of section 7 of chapter 592 of the laws of 1998,
 constituting the Hudson river park act, as amended by chapter 517 of the
 laws of 2013, is amended to read as follows:
   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 (I)
 THE HUDSON RIVER RAIL TUNNEL, WHICH USE SHALL BE  PERMITTED,  WHERE  THE
 TRUST  MAY ENTER INTO A LEASE FOR A TERM COTERMINOUS WITH ITS LEASE WITH
 THE STATE OF NEW YORK PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION 3  OF
 THIS SECTION, WHICH LEASE SHALL BE SUBJECT TO AUTOMATIC RENEWAL WITH ANY
 EXTENSIONS  OF THE TERM OF THE UNDERLYING STATE LEASE THAT IS AUTHORIZED
 UNDER THIS ACT AND WHICH LEASE SHALL PROVIDE FOR THE PROJECT SPONSOR  TO
 RESTORE  FOR  PUBLIC  OPEN SPACE USE, AT ITS COST AND IN ACCORDANCE WITH
 PLANS PROVIDED BY THE TRUST, THE SURFACE PORTIONS OF THE  PARK  AFFECTED
 BY  OR  USED  TEMPORARILY IN CONNECTION WITH CONSTRUCTION AND STAGING OF
 THE HUDSON RIVER RAIL TUNNEL, AND (II) 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  nine-
 ty-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  understand-
 ing  between the governor, the mayor of the city of New York, the tempo-
 rary 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,  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,
 concession agreements, licenses or  other  agreements.  Such  rules  and
 regulations  shall  require  the trust to issue a bid prospectus for any
 leases, 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, EXCEPT THAT THE
 TRUST  SHALL  NOT BE REQUIRED TO ISSUE A BID PROSPECTUS FOR A COMPATIBLE
 GOVERNMENTAL USE. 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.
   § 4. This act shall take effect immediately. Effective immediately the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made on or before such date.

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