S T A T E O F N E W Y O R K
________________________________________________________________________
8350
2019-2020 Regular Sessions
I N A S S E M B L Y
June 15, 2019
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Cities
AN ACT to amend the Hudson river park act, in relation to development or
redevelopment of Pier 40 in the Hudson river park
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 9 of section 7 of chapter 592
of the laws of 1998, constituting the Hudson river park act, is 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, EXCEPT IN SUCH
EVENT THAT THE PIER 40 BUILDING IS DEVELOPED OR REDEVELOPED WITH NEW OR
SUBSTANTIALLY REHABILITATED STRUCTURES FOR BUSINESS, PROFESSIONAL OR
GOVERNMENTAL OFFICE USE, THEN THE EQUIVALENT OF SIXTY-FIVE PERCENT OF
THE FOOTPRINT OF PIER 40 SHALL BE PASSIVE AND ACTIVE PUBLIC OPEN SPACE
EFFECTIVE AT THE TIME THAT A CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE
REDEVELOPMENT; provided that up to one hundred percent of this pier may
be limited to park use by the general project plan. 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 NOT ACCESSORY TO BUSINESS, PROFESSIONAL OR GOVERNMENTAL OFFICE
USE AT THE PIER. NO BUSINESS, PROFESSIONAL, OR GOVERNMENTAL OFFICE SPACE
SHALL EXCEED SEVEN HUNDRED THOUSAND SQUARE FEET, PROVIDED THE TRUST MAY
UTILIZE UP TO AN ADDITIONAL FIFTY THOUSAND SQUARE FEET OF OFFICE SPACE
AND FIFTY THOUSAND SQUARE FEET FOR OPERATIONS SPACE, NOTWITHSTANDING THE
EXISTING LEGAL PARK-BASED COMMERCIAL USES, PARK SPACE, OPEN SPACE, PARK-
ING, OR ANY OTHER COMPONENT THAT WILL CONTRIBUTE TO TOTAL ZONING SQUARE
FOOTAGE, AND PROVIDED FURTHER THAT NO BUILDING OR STRUCTURE, INCLUDING
MECHANICAL STRUCTURES ON TOP OF A BUILDING OR BETWEEN FLOORS, SHALL
EXCEED A MAXIMUM HEIGHT OF EIGHTY-EIGHT FEET. ANY PROPOSAL FOR DEVELOP-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13395-01-9
A. 8350 2
MENT OR REDEVELOPMENT SHALL GIVE EQUAL PREFERENCE TO ADAPTIVE RE-USE OF
THE EXISTING STRUCTURE LOCATED ON THE PIER AS OF THE EFFECTIVE DATE OF
THE CHAPTER OF THE LAWS OF 2019 THAT AMENDED THIS PARAGRAPH AND
CONSTRUCTION OF A NEW STRUCTURE. ANY DEVELOPMENT OR REDEVELOPMENT SHALL
INCLUDE THE PRESERVATION OF THE MURAL DISPLAYED IN SUCH STRUCTURE AS OF
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF 2019 THAT AMENDED THIS
PARAGRAPH CREATED BY FRANK NIX ENTITLED THE SHIPPING MURAL. ANY DEVELOP-
MENT OR REDEVELOPMENT SHALL MAINTAIN A PUBLIC OPEN PERIMETER WATERSIDE
WALKWAY SURROUNDING THE ENTIRETY OF THE PIER OR SO MUCH OF THE PIER AS
IS FEASIBLE AND PROVIDE SPACE FOR A BOATHOUSE FOR SMALL-SCALE BOATING
AND WATER ACCESS ON THE SOUTH SIDE OF THE PIER NO LESS THAN CURRENTLY
EXISTS ON THE PIER AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF 2019 THAT AMENDED THIS PARAGRAPH. ANY DEVELOPMENT OR REDEVELOPMENT
SHALL PROVIDE FOR PLAYING FIELDS NO LESS THAN THREE HUNDRED AND TWENTY
THOUSAND SQUARE FEET, PROVIDED THAT EVERY EFFORT IS MADE TO PLACE AS
MUCH PLAYING FIELD SPACE AT GROUND LEVEL AS IS FEASIBLE. ANY REQUEST FOR
PROPOSAL FOR DEVELOPMENT OR REDEVELOPMENT SHALL ONLY BE ISSUED UPON A
MAJORITY VOTE OF THE BOARD. THE TRUST SHALL FORM A PIER 40 TASK FORCE.
THE TASK FORCE SHALL CONSIST OF NO FEWER THAN SIX AND NO MORE THAN EIGHT
MEMBERS FROM MANHATTAN COMMUNITY BOARD 2, ONE MEMBER FROM MANHATTAN
COMMUNITY BOARD 1, ONE MEMBER FROM MANHATTAN COMMUNITY BOARD 4, AND THE
LOCAL, STATE, AND FEDERAL ELECTED OFFICIALS WHOSE DISTRICTS ABUT THE
HUDSON RIVER PARK. THE CHAIRS OF MANHATTAN COMMUNITY BOARDS 1, 2, AND 4
SHALL APPOINT TASK FORCE MEMBERS REPRESENTING THEIR RESPECTIVE COMMUNITY
BOARDS. THE TASK FORCE MEMBERS REPRESENTING MANHATTAN COMMUNITY BOARDS
1, 2, AND 4 SHALL REVIEW AND COMMENT UPON THE REQUEST FOR PROPOSAL
DEVELOPMENT PROGRAM NO LESS THAN NINETY DAYS BEFORE SUCH REQUEST FOR
PROPOSAL IS RELEASED, BUT SHALL NOT BE INVOLVED IN THE SELECTION OF
CONTRACTORS OR OTHER VENDORS. THE LOCAL, STATE, AND FEDERAL ELECTED
OFFICIALS ON THE TASK FORCE MAY REVIEW AND COMMENT UPON THE REQUEST FOR
PROPOSAL DEVELOPMENT PROGRAM NO LESS THAN NINETY DAYS BEFORE SUCH
REQUEST FOR PROPOSAL IS RELEASED, BUT SHALL NOT BE INVOLVED IN THE
SELECTION OF CONTRACTORS OR OTHER VENDORS. DEVELOPMENT OR REDEVELOPMENT
SHALL COMPLY WITH ALL ZONING AND OTHER LAND USE LAWS AND REGULATIONS OF
THE CITY OF NEW YORK, AND ANY PASSIVE AND ACTIVE PUBLIC OPEN SPACE THAT
MAY BE DEVELOPED OR REDEVELOPED PURSUANT TO ANY OVERALL PIER DEVELOPMENT
OR REDEVELOPMENT PROPOSAL SHALL BE AVAILABLE TO THE GENERAL PUBLIC WITH-
OUT PROFESSIONAL OR COMMERCIAL ACTIVITY. DEVELOPMENT OR REDEVELOPMENT
SHALL BE SUBJECT TO AND SHALL COMPLY WITH THE PROVISIONS OF NEW YORK
CITY'S UNIFORM LAND USE REVIEW PROCEDURE. PURSUANT TO REQUIREMENTS SET
FORTH IN THIS CHAPTER, THE TRUST SHALL COMPLY WITH ALL REQUIREMENTS
RELATED TO A PROPOSED SIGNIFICANT ACTION, INCLUDING BUT NOT LIMITED TO
HOLDING A PUBLIC HEARING ON NOT LESS THAN THIRTY DAYS' ADVANCE PUBLIC
NOTICE.
§ 2. Subdivision 11 of section 7 of chapter 592 of the laws of 1998,
constituting the Hudson river park act, as amended by chapter 515 of the
laws of 2018, 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
A. 8350 3
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;
EXCEPT PIER 40, WHERE THE TRUST MAY ENTER INTO A LEASE, CONCESSION
AGREEMENT, LICENSE OR OTHER AGREEMENT FOR A TERM OR TERMS THAT MAY BE UP
TO 49 YEARS WITH THE OPTION OF ONE TWENTY-FIVE YEAR RENEWAL AND A SECOND
RENEWAL FOR UP TO TWENTY-FOUR YEARS, PROVIDED, HOWEVER, SUCH LEASE,
CONCESSION AGREEMENT, LICENSE OR OTHER AGREEMENT ON PIER 40 SHALL ONLY
OCCUR UPON A MAJORITY VOTE OF THE BOARD; 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.
§ 3. Paragraph (vi) of subdivision (g) 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:
(vi) solely at PIER 40 PURSUANT TO THE RESTRICTIONS IN PARAGRAPH (B)
OF SUBDIVISION 9 OF SECTION 7 AND pier 57, business, professional or
governmental offices;
§ 4. This act shall take effect immediately.