S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6281--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2019
                                ___________
 
 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 the Hudson river park act, in relation to defense and
   indemnification obligations relating to the Route 9A  bikeway/Greenway
   adjacent to 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 3 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:
   (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, provided that the state and city of New York shall extend such
 lease or other agreements until March 31, 2112 pursuant to [this]  chap-
 ter 517 of the laws of 2013 and to modify the insurance and indemnifica-
 tion 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 SHALL PROVIDE FOR DEFENSE
 AND  INDEMNIFICATION  RUNNING  FROM THE STATE TO THE TRUST IN CONNECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13143-02-9

 S. 6281--A                          2
 
 WITH AND TO THE EXTENT OF ANY AND ALL BODILY INJURY OR  PROPERTY  DAMAGE
 CLAIMS  ALLEGED  TO  OCCUR  ON  OR  RELATE  TO  THE  ADJACENT  ROUTE  9A
 BIKEWAY/GREENWAY LOCATED BETWEEN THE NORTHERN SEAWALL  OF  BATTERY  PARK
 CITY  AND  THE  NORTHERN BOUNDARY OF 59TH STREET, WHICH IS REAL PROPERTY
 OWNED BY THE STATE AND NOT PART OF THE PARK.  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.
   § 2. This act shall take effect immediately.