NY State Senate Bill 2017-S9039B

Senate Bill S9039B

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 - 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 referred to ways and means delivered to assembly passed senate
Jun 19, 2018	ordered to third reading cal.1991
Jun 17, 2018	print number 9039b
Jun 17, 2018	amend (t) and recommit to rules
Jun 15, 2018	print number 9039a
Jun 15, 2018	amend and recommit to rules
Jun 14, 2018	referred to rules

Votes

- Jun 20, 2018 - Floor Vote
  S9039B
  
  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
  S9039B
  
  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

B (Active)

2017-S9039 - Details

See Assembly Version of this Bill:: A11231
Law Section:: New York City
Laws Affected:: Amd §§3 & 7, Chap 592 of 1998

2017-S9039 - Summary

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

2017-S9039 - Sponsor Memo

                                
 
BILL NUMBER: S9039

SPONSOR: HOYLMAN
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow the Hudson Tunnel Project as a permitted use in the Hudson
river park, and to authorize the grant of appropriate real property
interests for such purpose.

 
SUMMARY OF PROVISIONS:

Section 1: Amends paragraph (b) of section 3 of the Hudson river park
act, adding rail tunnels as a compatible governmental use, to address
the planned Hudson Tunnel Project, and to allow for construction of such
tunnels.

Section 2: Amends paragraph (c) of subdivision 3 of section 7 of the

Hudson river park act to authorize the state of New York to grant an
easement for the Hudson Tunnel Project (defined in this paragraph as
Hudson river rail tunnel) with the approval of the Hudson river park
trust, consistent with a trust lease for such Hudson river rail tunnel.

Section 3: Amends subdivision 11 of section 7 of the Hudson river park
act to expressly allow use of the park for such Hudson river rail
tunnel, to authorize the Hudson river park trust to issue a lease for
such Hudson river rail tunnel coterminous with the trust's lease from
the state of New York, to require the project sponsor to restore open
space uses in the construction staging area, and to allow issuance of
such lease and leases for other compatible governmental uses by the
trust without a bid prospectus.

Section 4: This act shall take effect immediately.

 
JUSTIFICATION:

This bill would amend the Hudson River Park Act to allow a below-grade
right of way through and use of the Hudson River Park for the Hudson
Tunnel Project (the Project), sometimes referred to as the Gateway
Tunnel Project, which is essential to preserve the functionality of
commuter and intercity rail service between New Jersey and New York City
and along Northeast Corridor passenger rail routes. The Project is crit-
ical to the region's economy.

The Project requires a subsurface right of way across Hudson River Park
(the Park) into New York City, in lands owned by the State of New York
(the State) and leased to the Hudson River Park Trust (the Trust) pursu-
ant to the Hudson River Park Act. The Project is currently undergoing
review pursuant to the National Environmental Policy Act (NEPA).

This bill would amend the Hudson River Park Act to allow this use of the
Park and to allow the State to grant a permanent vested easement,
subject to the approval of the Trust, and the Trust to issue a long-term
lease for the Project. The State agencies with underlying jurisdiction
are the Office of Parks, Recreation and Historic Preservation (the
upland areas) and the Department of Environmental Conservation (the
water section). The Trust is responsible for development and operation
of the Park and would, on behalf of the State under the Act, oversee
construction of the Project in the Park and administer the easement and
lease.

The bill does not require the State or the Trust to grant such rights;
rather, because the granting of such rights would constitute a signif-
icant action affecting the park, the trust would be required to conduct
a public review process pursuant to subdivision 6 of section 7 of the
Act before issuing a lease for the Project. Adoption of this bill would
eliminate a key impediment to the Project and would allow the State and
the Trust to begin review of an easement and lease immediately after
completion of the NEPA process.

The bill would also make certain technical amendments to the Act to
classify rail tunnels as compatible governmental uses under the Act and
to allow issuance of leases for compatible governmental uses by the
trust without a bid prospectus (such as leases for underground utili-
ties). Any proposed new or change to an existing compatible governmental
use that would constitute a significant action affecting the park or the
community would remain subject to the public review process required
pursuant to subdivision 6 of section 7 of the Act.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S9039 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9039
 
                             I N  S E N A T E
 
                               June 14, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 9039                             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-S9039A - Details

See Assembly Version of this Bill:: A11231
Law Section:: New York City
Laws Affected:: Amd §§3 & 7, Chap 592 of 1998

2017-S9039A - Summary

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

2017-S9039A - Sponsor Memo

                                
 
BILL NUMBER: S9039A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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 ease-
ment for the Hudson Tunnel Project

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow the Hudson Tunnel Project as a permitted use in the Hudson
river park, and to authorize the grant of appropriate real property
interests for such purpose.

 
SUMMARY OF PROVISIONS:

Section 1: Amends paragraph (b) of section 3 of the Hudson river park
act, adding rail tunnels as a compatible governmental use, to address
the planned Hudson Tunnel Project, and to allow for construction of such
tunnels.

Section 2: Amends paragraph (c) of subdivision 3 of section 7 of the
Hudson river park act to authorize the state of New York to grant an
easement for the Hudson Tunnel Project (defined in this paragraph as
Hudson river rail tunnel) with the approval of the Hudson river park
trust, consistent with a trust lease for such Hudson river rail tunnel.

Section 3: Amends subdivision 11 of section 7 of the Hudson river park
act to expressly allow use of the park for such Hudson river rail
tunnel, to authorize the Hudson river park trust to issue a lease for
such Hudson river rail tunnel coterminous with the trust's lease from
the state of New York, to require the project sponsor to restore open
space uses in the construction staging area, and to allow issuance of
such lease and leases for other compatible governmental uses by the
trust without a bid prospectus.

Section 4: This act shall take effect immediately.

 
JUSTIFICATION:

This bill would amend the Hudson River Park Act to allow a below-grade
right of way through and use of the Hudson River Park for the Hudson
Tunnel Project (the Project), sometimes referred to as the Gateway
Tunnel Project, which is essential to preserve the functionality of
commuter and intercity rail service between New Jersey and New York City
and along Northeast Corridor passenger rail routes. The Project is crit-
ical to the region's economy.

The Project requires a subsurface right of way across Hudson River Park
(the Park) into New York City, in lands owned by the State of New York
(the State) and leased to the Hudson River Park Trust (the Trust) pursu-
ant to the Hudson River Park Act. The Project is currently undergoing
review pursuant to the National Environmental Policy Act (NEPA).

This bill would amend the Hudson River Park Act to allow this use of the
Park and to allow the State to grant a permanent vested easement,
subject to the approval of the Trust, and the Trust to issue a long-term
lease for the Project. The State agencies with underlying jurisdiction
are the Office of Parks, Recreation and Historic Preservation (the
upland areas) and the Department of Environmental Conservation (the
water section). The Trust is responsible for development and operation
of the Park and would, on behalf of the State under the Act, oversee
construction of the Project in the Park and administer the easement and
lease.

The bill does not require the State or the Trust to grant such rights;
rather, because the granting of such rights would constitute a signif-
icant action affecting the park, the trust would be required to conduct
a public review process pursuant to subdivision 6 of section 7 of the
Act before issuing a lease for the Project. Adoption of this bill would
eliminate a key impediment to the Project and would allow the State and
the Trust to begin review of an easement and lease immediately after
completion of the NEPA process.

The bill would also make certain technical amendments to the Act to
classify rail tunnels as compatible governmental uses under the Act and
to allow issuance of leases for compatible governmental uses by the
trust without a bid prospectus (such as leases for underground utili-
ties). Any proposed new or change to an existing compatible governmental
use that would constitute a significant action affecting the park or the
community would remain subject to the public review process required
pursuant to subdivision 6 of section 7 of the Act.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S9039A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9039--A
 
                             I N  S E N A T E
 
                               June 14, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  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 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  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  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 WITH
 THE STATE OF NEW YORK AS AUTHORIZED BY SUBDIVISION 11 OF  THIS  SECTION,
 and,  in the case of real property held by the city of New York, without
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16204-02-8

 S. 9039--A                          2
 
 compliance with the uniform land use review procedures of  the  city  of
 New York or any successor law.
   §  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 USED
 TEMPORARILY IN CONNECTION 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 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 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 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 devel-
 oping, renovating, improving, furnishing, and equipping properties with-
 in the park. Any proposed lease, concession agreement, license or  other
 agreement by the trust for a period in excess of ten years shall consti-
 tute a proposed significant action subject to the requirements of subdi-
 vision  six  of this section. The trust shall promulgate rules and regu-
 lations 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.

2017-S9039B (ACTIVE) - Details

See Assembly Version of this Bill:: A11231
Law Section:: New York City
Laws Affected:: Amd §§3 & 7, Chap 592 of 1998

2017-S9039B (ACTIVE) - Summary

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

2017-S9039B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9039B

SPONSOR: HOYLMAN
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow the Hudson Tunnel Project as a permitted use in the Hudson
river park, and to authorize the grant of appropriate real property
interests for such purpose.

 
SUMMARY OF PROVISIONS:

Section 1: Amends paragraph (b) of section 3 of the Hudson river park
act, adding rail tunnels as a compatible governmental use, to address
the planned Hudson Tunnel Project, and to allow for construction of such
tunnels.

Section 2: Amends paragraph (c) of subdivision 3 of section 7 of the

Hudson river park act to authorize the state of New York to grant an
easement for the Hudson Tunnel Project (defined in this paragraph as
Hudson river rail tunnel) with the approval of the Hudson river park
trust, consistent with a trust lease for such Hudson river rail tunnel.

Section 3: Amends subdivision 11 of section 7 of the Hudson river park
act to expressly allow use of the park for such Hudson river rail
tunnel, to authorize the Hudson river park trust to issue a lease for
such Hudson river rail tunnel coterminous with the trust's lease from
the state of New York, to require the project sponsor to restore open
space uses in the construction staging area, and to allow issuance of
such lease and leases for other compatible governmental uses by the
trust without a bid prospectus.

Section 4: This act shall take effect immediately.

 
JUSTIFICATION:

This bill would amend the Hudson River Park Act to allow a below-grade
right of way through and use of the Hudson River Park for the Hudson
Tunnel Project (the Project), sometimes referred to as the Gateway
Tunnel Project, which is essential to preserve the functionality of
commuter and intercity rail service between New Jersey and New York City
and along Northeast Corridor passenger rail routes. The Project is crit-
ical to the region's economy.

The Project requires a subsurface right of way across Hudson River Park
(the Park) into New York City, in lands owned by the State of New York
(the State) and leased to the Hudson River Park Trust (the Trust) pursu-
ant to the Hudson River Park Act. The Project is currently undergoing
review pursuant to the National Environmental Policy Act (NEPA).

This bill would amend the Hudson River Park Act to allow this use of the
Park and to allow the State to grant a permanent vested easement,
subject to the approval of the Trust, and the Trust to issue a long-term
lease for the Project. The State agencies with underlying jurisdiction
are the Office of Parks, Recreation and Historic Preservation (the
upland areas) and the Department of Environmental Conservation (the
water section). The Trust is responsible for development and operation
of the Park and would, on behalf of the State under the Act, oversee
construction of the Project in the Park and administer the easement and
lease.

The bill does not require the State or the Trust to grant such rights;
rather, because the granting of such rights would constitute a signif-
icant action affecting the park, the trust would be required to conduct
a public review process pursuant to subdivision 6 of section 7 of the
Act before issuing a lease for the Project. Adoption of this bill would
eliminate a key impediment to the Project and would allow the State and
the Trust to begin review of an easement and lease immediately after
completion of the NEPA process.

The bill would also make certain technical amendments to the Act to
classify rail tunnels as compatible governmental uses under the Act and
to allow issuance of leases for compatible governmental uses by the
trust without a bid prospectus (such as leases for underground utili-
ties). Any proposed new or change to an existing compatible governmental
use that would constitute a significant action affecting the park or the
community would remain subject to the public review process required
pursuant to subdivision 6 of section 7 of the Act.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S9039B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9039--B
 
                             I N  S E N A T E
 
                               June 14, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  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 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.
                                                            LBD16204-04-8

 S. 9039--B                          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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Senate Bill S9039B

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2017-S9039 - Details

2017-S9039 - Summary

2017-S9039 - Sponsor Memo

2017-S9039 - Bill Text download pdf

2017-S9039A - Details

2017-S9039A - Summary

2017-S9039A - Sponsor Memo

2017-S9039A - Bill Text download pdf

2017-S9039B (ACTIVE) - Details

2017-S9039B (ACTIVE) - Summary

2017-S9039B (ACTIVE) - Sponsor Memo

2017-S9039B (ACTIVE) - Bill Text download pdf

Comments