Bill Text: NY A10224 | 2023-2024 | General Assembly | Amended

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Bill Title: Amends and expands some uses of the Hudson river park; permits additional uses and pier 76.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-06-03 - print number 10224c [A10224 Detail]

Download: New_York-2023-A10224-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10224--C

                   IN ASSEMBLY

                                      May 14, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Simone,
          Glick, L. Rosenthal, Fall, Thiele, Gonzalez-Rojas,  Epstein,  Carroll)
          --  read  once  and  referred  to the Committee on Cities -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments,  ordered reprinted as amended and recommitted to said committee
          --  again  reported  from  said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend the Hudson river park act, in relation to the rights,
          powers, duties and jurisdiction of the Hudson river park trust and the
          boundaries and uses of the Hudson river park

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The opening paragraph of subdivision (e) and subdivisions
     2  (g), (j) and (m) of section 3 of  chapter  592  of  the  laws  of  1998,
     3  constituting the Hudson river park act, as amended by chapter 517 of the
     4  laws of 2013, are amended to read as follows:
     5    "Hudson river park" or "park" means the area in the city and county of
     6  New  York within the following boundaries, but excluding [pier 76 except
     7  as otherwise provided in paragraph (c) of subdivision  nine  of  section
     8  seven  of this act and] piers 78, 88, 90, 92 and 94 and their associated
     9  upland areas:
    10    (g) "Park/commercial use" means a use that is not a prohibited use and
    11  is compatible with park use, and that is:
    12    (i) a transportation water dependent use, including  commercial  mari-
    13  time and marine ferry terminals;
    14    (ii)  an  entertainment, retail, restaurant, broadcast, television, or
    15  film or media studio facility, commercial recreational  use,  commercial
    16  amusements, performing arts, schools and educational facilities;
    17    (iii) limited parking spaces incidental to permitted uses;
    18    (iv)  solely at piers 59, 60, and 61 and the headhouse (commonly known
    19  as "Chelsea Piers") the uses authorized at such piers and  headhouse  as
    20  of the effective date of this act;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15130-09-4
        A. 10224--C                         2

     1    (v) a  non-tourism/non-recreation heliport for commercial and emergen-
     2  cy transportation use; [and]
     3    (vi)  solely  at  [pier]  piers  57  and 76, business, professional or
     4  governmental offices[;], provided that at pier 76,  the  height  of  any
     5  commercial office building may not exceed a height of one hundred eight-
     6  y-five  feet  measured  from  the  deck  of the pier, excluding building
     7  mechanicals, and provided further that any such office building may  not
     8  be  located  proximate  to the pier's edge along the western or southern
     9  portion of the pier;  and
    10    (vii) solely at pier 76, large-scale amusement rides and other tourist
    11  attractions; warehouse facilities needed for  waterborne  transportation
    12  activities occurring at the pier; and floating restaurants.
    13    (j) "Prohibited use" means any of the following uses:
    14    (i) residential;
    15    (ii)  manufacturing,  except  in furtherance of and incidental to park
    16  uses, provided that small scale creation of artisan foods or other craft
    17  products shall not be considered manufacturing;
    18    (iii) warehousing;
    19    (iv) hotel;
    20    (v) incompatible governmental uses;
    21    (vi) casino and riverboat gambling, and the docking of vessels  to  be
    22  used substantially for gambling or for transportation to such a vessel;
    23    (vii) any facility for motorized aircraft, including a heliport except
    24  a heliport which is defined as a park/commercial use;
    25    (viii)  commercial office, except office space that is incidental to a
    26  permitted use, and further provided  that  such  prohibition  shall  not
    27  apply to [pier] piers 57 and 76; and
    28    (ix)  other  uses  determined by the trust to be incompatible with the
    29  purposes of this act.
    30    (m) "Water dependent use" excludes any prohibited use and means:
    31    (i) any use that depends on utilization  of  resources  found  in  the
    32  water section;
    33    (ii)  recreational  activities  that  depend  on  access  to the water
    34  section, such as fishing, boating,  swimming  in  such  waters,  passive
    35  enjoyment of the Hudson river and wildlife protection and viewing;
    36    (iii)  facilities and incidental structures needed to dock and service
    37  boats;
    38    (iv) scientific  and  educational  activities  that  by  their  nature
    39  require access to marine reserve waters;
    40    (v)  the  development, operation and maintenance of a non-tourism/non-
    41  recreational heliport located between west 29th and  west  32nd  streets
    42  provided (A) that there shall be no structures other than the helicopter
    43  take-off  or  landing  pads  built  on floating structures; and (B) such
    44  floating structures shall be no higher than a pier deck at low tide; and
    45    (vi) mooring or docking of a barge used as part of a cultural,  educa-
    46  tional,  historic or other public programming in the park; provided that
    47  no more than two barges may be moored or docked per  year  and  provided
    48  further  that  the  duration  of  any such mooring or docking of a barge
    49  shall be limited to six months per year at any location within the boun-
    50  daries of the park, except that at pier 76, the limit of six months  per
    51  year shall not apply.
    52    §  2. Subdivision 1-a of section 7 of chapter 592 of the laws of 1998,
    53  constituting the Hudson river park act, as added by chapter 517  of  the
    54  laws of 2013, is amended to read as follows:
    55    1-a. The trust shall not be authorized to forgo or assign any revenues
    56  or payments due to it by law, provided however that the trust may assign
        A. 10224--C                         3

     1  revenues  or  payments to maintain, reconstruct and repair the piers and
     2  bulkheads existing and as depicted in the May 20,  1998  final  environ-
     3  mental  impact  statement within their historic footprints or boundaries
     4  subject  to a determination by the department of environmental conserva-
     5  tion that, to the maximum extent practicable,  any  significant  adverse
     6  impact on the marine environment resulting from such maintenance, recon-
     7  struction  or  repair will be minimized or avoided, and provided further
     8  that the reconstruction of pier 54 and pier 76 shall not be  subject  to
     9  the historic footprint restriction, provided that at pier 76, any change
    10  to the historic footprint shall result in the same size footprint and in
    11  more than fifty percent of the footprint dedicated to a park use.
    12    §  3. Paragraphs  (c) and (i) of subdivision 9 of section 7 of chapter
    13  592 of the laws of 1998, constituting the Hudson river park  act,  para-
    14  graph  (c)  as amended by section 2 of part WW of chapter 56 of the laws
    15  of 2020 and paragraph (i) as amended by chapter 517 of the laws of 2013,
    16  are amended to read as follows:
    17    (c) [(i) On or before July 1, 2020, the city of New York shall  convey
    18  to  the state of New York under the jurisdiction of the office of parks,
    19  recreation and historic preservation its interest in Pier 76, who,  upon
    20  such  conveyance  shall  immediately  lease a possessory interest to the
    21  trust. Upon such conveyance, Pier 76 shall become part of the  park  and
    22  shall remain part of the park under the operational control of the trust
    23  and  following  redevelopment  at  least] No less than the equivalent of
    24  fifty percent of the Pier 76 footprint shall be used for park uses  that
    25  are limited to passive and active open space [and which shall be contig-
    26  uous  to water; and provided further that the remaining portion shall be
    27  for park/commercial use. (ii) The city  of  New  York  shall,  prior  to
    28  December  31,  2020,  cease using or occupying Pier 76 for any purposes.
    29  Should the city of New York continue to use or occupy Pier  76  for  any
    30  purpose  subsequent to December 31, 2020, the city of New York shall (A)
    31  compensate the trust in the amount of twelve million  dollars,  and  (B)
    32  beginning  February  1,  2021,  pay  fees in the amount of three million
    33  dollars for each complete or partial month of  occupancy.  (iii)  On  or
    34  after  the  effective  date  of  the  chapter  of the laws of 2020 which
    35  amended this paragraph, the  trust  shall  be  entitled  to  timely  and
    36  reasonable  access  to Pier 76 for the purpose of conducting assessments
    37  and inspections necessary to further redevelopment of Pier 76  following
    38  its inclusion in the park.  (iv) Beginning July 1, 2020, the city of New
    39  York  shall periodically prepare and submit a report to the state of New
    40  York, with a copy to the trust, detailing actions taken by the  city  of
    41  New  York to relocate the tow pound. In the event that the city provides
    42  demonstrable evidence of its effort to relocate the  tow  pound  or  any
    43  other  city  uses of Pier 76, initiation of and compliance with land use
    44  review processes and environmental review processes, such  as,  issuance
    45  of  a  request for qualifications or request for proposals for design or
    46  construction services for the project; and initiation and completion  of
    47  construction of, and relocation to a replacement tow pound, the state of
    48  New York, in its sole discretion, may waive the fees assessed in subpar-
    49  agraph (iii) of this paragraph.  (v) This paragraph may be enforced by a
    50  court  of  competent  jurisdiction and in any suit brought by the state,
    51  through the attorney general, the trust shall not be a necessary party];
    52  provided that up to one hundred percent of this pier may be  limited  to
    53  park  use  as  determined  by  the  trust.    Notwithstanding  any other
    54  provision of this act to the contrary, commercial or  municipal  parking
    55  garages or facilities are not permitted at Pier 76.
        A. 10224--C                         4

     1    (i)  Consistent  with  the  general project plan, the area of the park
     2  east of the bulkhead line shall be used  solely  for  park  use  and  to
     3  permit access to permitted uses; provided that this limitation shall not
     4  apply  to  (i)  the  area  east of the bulkhead line at pier 76 or those
     5  areas  east of the bulkhead line that are occupied by pier headhouses or
     6  other pier-related structures at the base of piers 57, 59, 60,  and  61;
     7  (ii)  a  one  story  heliport terminal building, fuel tank structure and
     8  five accessory parking spaces used in connection with a water  dependent
     9  non-tourism/non-recreational heliport to be located on a floating struc-
    10  ture  or  fixed  barge in the Hudson River located between west 29th and
    11  west 32nd streets (referred to in this paragraph as "the site") provided
    12  that the landing and takeoff area  located  east  of  the  bulkhead  may
    13  continue to operate until the landing and takeoff area west of the bulk-
    14  head is completed and operational.  If the trust initiates a request for
    15  proposals  relating  to  a  heliport, the trust shall meet the following
    16  requirements:
    17    (A) the trust shall form a West 30th street heliport site  task  force
    18  consisting  of: three members appointed by the chair of Manhattan commu-
    19  nity board 4, two members appointed by the mayor  of  the  city  of  New
    20  York,  and  one  member  each  appointed  respectively  by the Manhattan
    21  borough president, and by the New York City councilmember, the New  York
    22  state senator, the New York state assembly member, and the United States
    23  representative  whose  districts  include  the area of the site, and one
    24  member appointed by the trust who has experience with  or  represents  a
    25  business or organization that mobilizes private sector resources to spur
    26  economic  opportunity,  upward  mobility  and innovation, and one member
    27  appointed by the trust who has experience with or represents a  business
    28  or  organization  with  expertise  in  helicopter  operations or helipad
    29  siting and operations, and one member appointed by the commissioners  of
    30  the  state  departments of transportation and environmental conservation
    31  acting jointly and by the commissioners of the New York city  department
    32  of  transportation and the department of environmental protection acting
    33  jointly. The task force shall review and comment upon any draft  request
    34  for  proposals under this subparagraph before it is issued; (B) the task
    35  force shall review and comment upon the proposed request  for  proposals
    36  no  less  than  ninety  days  before  the  final request for proposal is
    37  issued; provided that members of the task force and  the  officials  who
    38  appointed  them shall not be involved in the selection of contractors or
    39  vendors under the request for proposals, except and unless  in  relation
    40  to  a public office held by the individual; (C) any final plan, contract
    41  or lease for the site shall not exceed the requirements of this act;  or
    42  (iii)  an interim commercial recreational use along the upland park area
    43  between 29th and 34th streets, provided that:    (A)  any  such  related
    44  enclosed  structure  shall  not exceed two stories; (B) any such use and
    45  any related enclosed structure shall not exceed a maximum of two hundred
    46  feet in length and shall maintain open  view  corridors  to  the  Hudson
    47  river  from streets running towards and away from the park and shall not
    48  be located within any designated visual corridors consistent with and to
    49  the extent required under the city of New York zoning requirements;  and
    50  (C) such interim upland commercial recreational use shall not be permit-
    51  ted to be located or continue to operate after July 1, 2024.
    52    § 4. Paragraph (c) of subdivision 3 of section 8 of chapter 592 of the
    53  laws  of  1998, constituting the Hudson river park act, is amended and a
    54  new paragraph (g) is added to read as follows:
    55    (c) Paragraph (b) of this  subdivision  shall  not  prohibit  floating
    56  structures,  and  lateral  stabilizing  elements to secure such floating
        A. 10224--C                         5

     1  structures, for water dependent uses; minor improvements along the shore
     2  front including bulkhead and other  repairs,  habitat  restoration,  and
     3  platforms either for a waterfront esplanade or to allow public access to
     4  the  Hudson  river; subject to the limitation that, in the aggregate, no
     5  more than eight acres of the water section may be covered or altered  by
     6  floating  structures  or minor improvements at any time. Any building or
     7  other structure constructed on a floating structure must be  limited  to
     8  water  dependent  uses  and  may  not exceed one story. No dredge spoils
     9  shall be allowed for any purpose.   Nothing in  this  subdivision  shall
    10  impair the ability of the trust or other persons to maintain navigabili-
    11  ty  or maintain, reconstruct and repair the piers and bulkheads existing
    12  and as depicted in the May 20, 1998 final environmental impact statement
    13  within their historic footprints or boundaries or as  otherwise  author-
    14  ized  in  this  chapter  subject to a determination by the department of
    15  environmental conservation that, to the maximum extent practicable,  any
    16  significant adverse impact on the marine environment resulting from such
    17  maintenance, reconstruction or repair will be minimized or avoided.
    18    (g)  Notwithstanding  the  provisions  of this section, pier 76 may be
    19  reconstructed outside of its historic footprint provided that any change
    20  to the historic footprint shall result in the same size footprint and in
    21  more than fifty percent of the footprint dedicated to a park use.
    22    § 5. Severability. If any provision of this act, or any application of
    23  any provision of this act, is held to be invalid, or to  violate  or  be
    24  inconsistent  with  any federal law or regulation, that shall not affect
    25  the validity or effectiveness of any other provision of this act, or  of
    26  any  other  application of any provision of this act, which can be given
    27  effect without that provision or  application;  and  to  that  end,  the
    28  provisions and applications of this act are severable.
    29    § 6. This act shall take effect on the one hundred eightieth day after
    30  it shall have become a law.