S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6565
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 16, 2019
                                ___________
 
 Introduced by Sens. KAVANAGH, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 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

 S. 6565                             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

 S. 6565                             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.