S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7277
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2023
                                ___________
 
 Introduced  by  M.  of A. SIMONE, GLICK -- read once and referred to the
   Committee on Cities
 
 AN ACT to amend the Hudson river park act, in relation to prohibiting  a
   heliport within the boundaries of the Hudson river park
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.   Legislative findings.   The legislature  finds  that  the
 planning, development and operation of the Hudson river park as a public
 park  continues  to  be  a matter of state concern.   As detailed in the
 Hudson river park act, chapter 592 of the laws of 1998 as  amended,  the
 creation,  development,  operation  and  maintenance of the Hudson river
 park will enhance and protect the natural, cultural and historic aspects
 of the Hudson river, enhance and afford quality  public  access  to  the
 river,  allow  for  an  array  of cultural and recreational programs and
 provide a host of other public benefits.  The changes to the 1998 law by
 this act are intended to further  enhance  and  protect  the  river  and
 increase public access and enjoyment of the Hudson river park.
   §  2.  Paragraph  (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:
   (g) "Park/commercial use" means a use that is not a prohibited use and
 is compatible with park use, and that is:
   (i) a transportation water dependent use, including  commercial  mari-
 time and marine ferry terminals;
   (ii)  an  entertainment, retail, restaurant, broadcast, television, or
 film or media studio facility, commercial recreational  use,  commercial
 amusements, performing arts, schools and educational facilities;
   (iii) limited parking spaces incidental to permitted uses;
   (iv)  solely at piers 59, 60, and 61 and the headhouse (commonly known
 as "Chelsea Piers") the uses authorized at such piers and  headhouse  as
 of the effective date of this act; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11360-01-3
              

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   (v) [a non-tourism/non-recreation heliport for commercial and emergen-
 cy transportation use; and
   (vi)]  solely  at  pier  57,  business,  professional  or governmental
 offices[;].
   § 3. Paragraph (j) 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:
   (j) "Prohibited use" means any of the following uses:
   (i) residential;
   (ii)  manufacturing,  except  in furtherance of and incidental to park
 uses, provided that small scale creation of artisan foods or other craft
 products shall not be considered manufacturing;
   (iii) warehousing;
   (iv) hotel;
   (v) incompatible governmental uses;
   (vi) casino and riverboat gambling, and the docking of vessels  to  be
 used substantially for gambling or for transportation to such a vessel;
   (vii)  any  facility  for  motorized  aircraft,  including  a heliport
 [except a heliport which is defined as a park/commercial use];
   (viii) commercial office, except office space that is incidental to  a
 permitted  use,  and  further  provided  that such prohibition shall not
 apply to pier 57; and
   (ix) other uses determined by the trust to be  incompatible  with  the
 purposes of this act.
   §  4.  Paragraph  (m) 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:
   (m) "Water dependent use" excludes any prohibited use and means:
   (i) any use that depends on utilization  of  resources  found  in  the
 water section;
   (ii)  recreational  activities  that  depend  on  access  to the water
 section, such as fishing, boating,  swimming  in  such  waters,  passive
 enjoyment of the Hudson river and wildlife protection and viewing;
   (iii)  facilities and incidental structures needed to dock and service
 boats;
   (iv) scientific  and  educational  activities  that  by  their  nature
 require access to marine reserve waters; AND
   (v)  [the development, operation and maintenance of a non-tourism/non-
 recreational heliport located between west 29th and  west  32nd  streets
 provided (A) that there shall be no structures other than the helicopter
 take-off  or  landing  pads  built  on floating structures; and (B) such
 floating structures shall be no higher than a pier deck at low tide; and
   (vi)] mooring or docking of a barge used as part of a cultural, educa-
 tional, historic or other public programming in the park; provided  that
 no  more  than  two barges may be moored or docked per year and provided
 further that the duration of any such mooring  or  docking  of  a  barge
 shall be limited to six months per year at any location within the boun-
 daries of the park.
   § 5. Paragraph (i) of subdivision 9 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:
   (i) Consistent with the general project plan, the  area  of  the  park
 east  of  the  bulkhead  line  shall  be used solely for park use and to
 permit access to permitted uses; provided that this limitation shall not
 apply to (i) those areas east of the bulkhead line that are occupied  by
 pier  headhouses  or  other pier-related structures at the base of piers
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 57, 59, 60, and 61; OR (ii) [a one  story  heliport  terminal  building,
 fuel tank structure and five accessory parking spaces used in connection
 with  a  water  dependent  non-tourism/non-recreational  heliport  to be
 located  on a floating structure located between west 29th and west 32nd
 streets provided that the landing and takeoff area located east  of  the
 bulkhead may continue to operate until the landing and takeoff area west
 of  the  bulkhead  is  completed  and  operational; or (iii)] an interim
 commercial recreational use along the upland park area between 29th  and
 34th  streets,  provided that:   (A) any such related enclosed structure
 shall not exceed two stories; (B) any such use and any related  enclosed
 structure  shall  not exceed a maximum of two hundred feet in length and
 shall maintain open view corridors to  the  Hudson  river  from  streets
 running  towards  and away from the park and shall not be located within
 any designated visual  corridors  consistent  with  and  to  the  extent
 required  under  the  city of New York zoning requirements; and (C) such
 interim upland commercial recreational use shall not be permitted to  be
 located or continue to operate after July 1, [2024] 2028.
   § 6. If any provision of this act, or any application of any provision
 of  this  act,  is  held to be invalid, or to violate or be inconsistent
 with any federal law or regulation, that shall not affect  the  validity
 or  effectiveness  of  any  other provision of this act, or of any other
 application of any provision of this act,  which  can  be  given  effect
 without  that  provision or application; and to that end, the provisions
 and applications of this act are severable.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 become a law. Effective immediately, the Hudson river park trust and any
 state or local official of appropriate jurisdiction may make regulations
 and  take  other  actions  reasonably necessary to implement this act on
 that date.