Bill Text: NY S06565 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to development or redevelopment of Pier 40 in the Hudson river park and amount of passive and active public open space necessary for such development or redevelopment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-06-19 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06565 Detail]
Download: New_York-2019-S06565-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6565 2019-2020 Regular Sessions IN SENATE 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: 1 Section 1. Paragraph (b) of subdivision 9 of section 7 of chapter 592 2 of the laws of 1998, constituting the Hudson river park act, is amended 3 to read as follows: 4 (b) No less than the equivalent of fifty percent of the footprint of 5 Pier 40 shall be passive and active public open space, except in such 6 event that the Pier 40 building is developed or redeveloped with new or 7 substantially rehabilitated structures for business, professional or 8 governmental office use, then the equivalent of sixty-five percent of 9 the footprint of Pier 40 shall be passive and active public open space 10 effective at the time that a certificate of occupancy is issued for the 11 redevelopment; provided that up to one hundred percent of this pier may 12 be limited to park use by the general project plan. Notwithstanding any 13 other provision of this act to the contrary, Pier 40 may be used for 14 parking for passenger vehicles with a seating capacity of 10 passengers 15 or less, provided however such use shall be predominantly for long-term 16 parking not accessory to business, professional or governmental office 17 use at the pier. No business, professional, or governmental office space 18 shall exceed seven hundred thousand square feet, provided the trust may 19 utilize up to an additional fifty thousand square feet of office space 20 and fifty thousand square feet for operations space, notwithstanding the 21 existing legal park-based commercial uses, park space, open space, park- 22 ing, or any other component that will contribute to total zoning square 23 footage, and provided further that no building or structure, including 24 mechanical structures on top of a building or between floors, shall 25 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. LBD13395-01-9S. 6565 2 1 ment or redevelopment shall give equal preference to adaptive re-use of 2 the existing structure located on the pier as of the effective date of 3 the chapter of the laws of 2019 that amended this paragraph and 4 construction of a new structure. Any development or redevelopment shall 5 include the preservation of the mural displayed in such structure as of 6 the effective date of the chapter of the laws of 2019 that amended this 7 paragraph created by Frank Nix entitled The Shipping Mural. Any develop- 8 ment or redevelopment shall maintain a public open perimeter waterside 9 walkway surrounding the entirety of the pier or so much of the pier as 10 is feasible and provide space for a boathouse for small-scale boating 11 and water access on the south side of the pier no less than currently 12 exists on the pier as of the effective date of the chapter of the laws 13 of 2019 that amended this paragraph. Any development or redevelopment 14 shall provide for playing fields no less than three hundred and twenty 15 thousand square feet, provided that every effort is made to place as 16 much playing field space at ground level as is feasible. Any request for 17 proposal for development or redevelopment shall only be issued upon a 18 majority vote of the board. The trust shall form a Pier 40 Task Force. 19 The task force shall consist of no fewer than six and no more than eight 20 members from Manhattan Community Board 2, one member from Manhattan 21 Community Board 1, one member from Manhattan Community Board 4, and the 22 local, state, and federal elected officials whose districts abut the 23 Hudson River Park. The chairs of Manhattan Community Boards 1, 2, and 4 24 shall appoint task force members representing their respective Community 25 Boards. The task force members representing Manhattan Community Boards 26 1, 2, and 4 shall review and comment upon the request for proposal 27 development program no less than ninety days before such request for 28 proposal is released, but shall not be involved in the selection of 29 contractors or other vendors. The local, state, and federal elected 30 officials on the task force may review and comment upon the request for 31 proposal development program no less than ninety days before such 32 request for proposal is released, but shall not be involved in the 33 selection of contractors or other vendors. Development or redevelopment 34 shall comply with all zoning and other land use laws and regulations of 35 the city of New York, and any passive and active public open space that 36 may be developed or redeveloped pursuant to any overall pier development 37 or redevelopment proposal shall be available to the general public with- 38 out professional or commercial activity. Development or redevelopment 39 shall be subject to and shall comply with the provisions of New York 40 city's uniform land use review procedure. Pursuant to requirements set 41 forth in this chapter, the trust shall comply with all requirements 42 related to a proposed significant action, including but not limited to 43 holding a public hearing on not less than thirty days' advance public 44 notice. 45 § 2. Subdivision 11 of section 7 of chapter 592 of the laws of 1998, 46 constituting the Hudson river park act, as amended by chapter 515 of the 47 laws of 2018, is amended to read as follows: 48 11. Except as otherwise provided in this subdivision, in paragraph (j) 49 of subdivision 1 of this section, in paragraph (b) of subdivision 3 of 50 this section or in chapter 288 of the laws of 2005, the trust may not 51 enter into a lease, concession agreement, license or other agreement 52 relating to any part of the park for periods in excess of thirty years 53 in total; except that such duration restriction shall not apply to (i) 54 the Hudson river rail tunnel, which use shall be permitted, where the 55 trust may enter into a lease for a term coterminous with its lease with 56 the state of New York provided for in paragraph (b) of subdivision 3 ofS. 6565 3 1 this section, which lease shall be subject to automatic renewal with any 2 extensions of the term of the underlying state lease that is authorized 3 under this act and which lease shall provide for the project sponsor to 4 restore for public open space use, at its cost and in accordance with 5 plans provided by the trust, the surface portions of the park affected 6 by or used temporarily in connection with construction and staging of 7 the Hudson river rail tunnel, and (ii) piers 57, 59, 60, 61, 76, 81, 83 8 and 98 where the trust may enter into a lease, concession agreement, 9 license or other agreement for a term or terms that may be up to forty- 10 nine years and except that such duration restriction shall not apply to 11 such piers where the trust may enter into a lease, concession agreement, 12 license or other agreement for a term or terms that may be up to nine- 13 ty-nine years, provided, however, such lease, concession agreement, 14 license or other agreement shall only occur upon the condition that such 15 agreements are identified and authorized in a memorandum of understand- 16 ing between the governor, the mayor of the city of New York, the tempo- 17 rary president of the senate and the speaker of the assembly after 18 consultation with the members of the assembly and senate representing 19 the area where the pier that is the subject of the agreement is located; 20 except pier 40, where the trust may enter into a lease, concession 21 agreement, license or other agreement for a term or terms that may be up 22 to 49 years with the option of one twenty-five year renewal and a second 23 renewal for up to twenty-four years, provided, however, such lease, 24 concession agreement, license or other agreement on pier 40 shall only 25 occur upon a majority vote of the board; and provided further that any 26 such agreement for a period in excess of ten years shall be for the 27 purpose of assuring a lessee, licensee, concessionaire or other party to 28 an agreement with adequate protection against loss of investments in 29 developing, renovating, improving, furnishing, and equipping properties 30 within the park. Any proposed lease, concession agreement, license or 31 other agreement by the trust for a period in excess of ten years shall 32 constitute a proposed significant action subject to the requirements of 33 subdivision six of this section. The trust shall promulgate rules and 34 regulations governing leases, concession agreements, licenses or other 35 agreements. Such rules and regulations shall require the trust to issue 36 a bid prospectus for any leases, concession agreements, licenses and 37 other agreements which would provide for a total capital investment in 38 the park of no less than one million dollars over the proposed term of 39 the agreement, except that the trust shall not be required to issue a 40 bid prospectus for a compatible governmental use. The bid prospectus 41 submitted to prospective bidders shall contain specific information 42 concerning the nature of the capital improvements or equipment to be 43 provided by the successful bidder and shall be provided to community 44 boards one, two and four within the borough of Manhattan. 45 § 3. Paragraph (vi) of subdivision (g) of section 3 of chapter 592 of 46 the laws of 1998, constituting the Hudson river park act, as amended by 47 chapter 517 of the laws of 2013, is amended to read as follows: 48 (vi) solely at pier 40 pursuant to the restrictions in paragraph (b) 49 of subdivision 9 of section 7 and pier 57, business, professional or 50 governmental offices; 51 § 4. This act shall take effect immediately.