Bill Text: NY S09408 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 1-0)

Status: (Passed) 2024-07-25 - SIGNED CHAP.211 [S09408 Detail]

Download: New_York-2023-S09408-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9408--B

                    IN SENATE

                                      May 15, 2024
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Cities 1 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  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 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;
    21    (v) a  non-tourism/non-recreation heliport for commercial and emergen-
    22  cy transportation use; [and]
    23    (vi)  solely  at  [pier]  piers  57  and 76, business, professional or
    24  governmental offices[;], provided that at pier 76,  the  height  of  any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15130-07-4
        S. 9408--B                          2

     1  commercial office building may not exceed a height of one hundred eight-
     2  y-five  feet  measured  from  the  deck  of the pier, excluding building
     3  mechanicals, and provided further that any such office building may  not
     4  be  located  proximate  to the pier's edge along the western or southern
     5  portion of the pier;  and
     6    (vii) solely at pier 76, large-scale amusement rides and other tourist
     7  attractions; warehouse facilities needed for  waterborne  transportation
     8  activities occurring at the pier; and floating restaurants.
     9    (j) "Prohibited use" means any of the following uses:
    10    (i) residential;
    11    (ii)  manufacturing,  except  in furtherance of and incidental to park
    12  uses, provided that small scale creation of artisan foods or other craft
    13  products shall not be considered manufacturing;
    14    (iii) warehousing;
    15    (iv) hotel;
    16    (v) incompatible governmental uses;
    17    (vi) casino and riverboat gambling, and the docking of vessels  to  be
    18  used substantially for gambling or for transportation to such a vessel;
    19    (vii) any facility for motorized aircraft, including a heliport except
    20  a heliport which is defined as a park/commercial use;
    21    (viii)  commercial office, except office space that is incidental to a
    22  permitted use, and further provided  that  such  prohibition  shall  not
    23  apply to [pier] piers 57 and 76; and
    24    (ix)  other  uses  determined by the trust to be incompatible with the
    25  purposes of this act.
    26    (m) "Water dependent use" excludes any prohibited use and means:
    27    (i) any use that depends on utilization  of  resources  found  in  the
    28  water section;
    29    (ii)  recreational  activities  that  depend  on  access  to the water
    30  section, such as fishing, boating,  swimming  in  such  waters,  passive
    31  enjoyment of the Hudson river and wildlife protection and viewing;
    32    (iii)  facilities and incidental structures needed to dock and service
    33  boats;
    34    (iv) scientific  and  educational  activities  that  by  their  nature
    35  require access to marine reserve waters;
    36    (v)  the  development, operation and maintenance of a non-tourism/non-
    37  recreational heliport located between west 29th and  west  32nd  streets
    38  provided (A) that there shall be no structures other than the helicopter
    39  take-off  or  landing  pads  built  on floating structures; and (B) such
    40  floating structures shall be no higher than a pier deck at low tide; and
    41    (vi) mooring or docking of a barge used as part of a cultural,  educa-
    42  tional,  historic or other public programming in the park; provided that
    43  no more than two barges may be moored or docked per  year  and  provided
    44  further  that  the  duration  of  any such mooring or docking of a barge
    45  shall be limited to six months per year at any location within the boun-
    46  daries of the park, except that at pier 76, the limit of six months  per
    47  year shall not apply.
    48    §  2. Subdivision 1-a of section 7 of chapter 592 of the laws of 1998,
    49  constituting the Hudson river park act, as added by chapter 517  of  the
    50  laws of 2013, is amended to read as follows:
    51    1-a. The trust shall not be authorized to forgo or assign any revenues
    52  or payments due to it by law, provided however that the trust may assign
    53  revenues  or  payments to maintain, reconstruct and repair the piers and
    54  bulkheads existing and as depicted in the May 20,  1998  final  environ-
    55  mental  impact  statement within their historic footprints or boundaries
    56  subject to a determination by the department of environmental  conserva-
        S. 9408--B                          3

     1  tion  that,  to  the maximum extent practicable, any significant adverse
     2  impact on the marine environment resulting from such maintenance, recon-
     3  struction or repair will be minimized or avoided, and  provided  further
     4  that  the  reconstruction of pier 54 and pier 76 shall not be subject to
     5  the historic footprint restriction, provided that at pier 76, any change
     6  to the historic footprint shall result in the same size footprint and in
     7  more than fifty percent of the footprint dedicated to a park use.
     8    § 3. Paragraphs  (c) and (i) of subdivision 9 of section 7 of  chapter
     9  592  of  the laws of 1998, constituting the Hudson river park act, para-
    10  graph (c) as amended by section 2 of part WW of chapter 56 of  the  laws
    11  of 2020 and paragraph (i) as amended by chapter 517 of the laws of 2013,
    12  are amended to read as follows:
    13    (c)  [(i) On or before July 1, 2020, the city of New York shall convey
    14  to the state of New York under the jurisdiction of the office of  parks,
    15  recreation  and historic preservation its interest in Pier 76, who, upon
    16  such conveyance shall immediately lease a  possessory  interest  to  the
    17  trust.  Upon  such conveyance, Pier 76 shall become part of the park and
    18  shall remain part of the park under the operational control of the trust
    19  and following redevelopment at least] No less  than  the  equivalent  of
    20  fifty  percent of the Pier 76 footprint shall be used for park uses that
    21  are limited to passive and active open space [and which shall be contig-
    22  uous to water; and provided further that the remaining portion shall  be
    23  for  park/commercial  use.  (ii)  The  city  of New York shall, prior to
    24  December 31, 2020, cease using or occupying Pier 76  for  any  purposes.
    25  Should  the  city  of New York continue to use or occupy Pier 76 for any
    26  purpose subsequent to December 31, 2020, the city of New York shall  (A)
    27  compensate  the  trust  in the amount of twelve million dollars, and (B)
    28  beginning February 1, 2021, pay fees in  the  amount  of  three  million
    29  dollars  for  each  complete  or partial month of occupancy. (iii) On or
    30  after the effective date of the  chapter  of  the  laws  of  2020  which
    31  amended  this  paragraph,  the  trust  shall  be  entitled to timely and
    32  reasonable access to Pier 76 for the purpose of  conducting  assessments
    33  and  inspections necessary to further redevelopment of Pier 76 following
    34  its inclusion in the park.  (iv) Beginning July 1, 2020, the city of New
    35  York shall periodically prepare and submit a report to the state of  New
    36  York,  with  a copy to the trust, detailing actions taken by the city of
    37  New York to relocate the tow pound. In the event that the city  provides
    38  demonstrable  evidence  of  its  effort to relocate the tow pound or any
    39  other city uses of Pier 76, initiation of and compliance with  land  use
    40  review  processes  and environmental review processes, such as, issuance
    41  of a request for qualifications or request for proposals for  design  or
    42  construction  services for the project; and initiation and completion of
    43  construction of, and relocation to a replacement tow pound, the state of
    44  New York, in its sole discretion, may waive the fees assessed in subpar-
    45  agraph (iii) of this paragraph.  (v) This paragraph may be enforced by a
    46  court of competent jurisdiction and in any suit brought  by  the  state,
    47  through the attorney general, the trust shall not be a necessary party];
    48  provided  that  up to one hundred percent of this pier may be limited to
    49  park use  as  determined  by  the  trust.    Notwithstanding  any  other
    50  provision  of  this act to the contrary, commercial or municipal parking
    51  garages or facilities are not permitted at Pier 76.
    52    (i) Consistent with the general project plan, the  area  of  the  park
    53  east  of  the  bulkhead  line  shall  be used solely for park use and to
    54  permit access to permitted uses; provided that this limitation shall not
    55  apply to (i) the area east of the bulkhead line  at  pier  76  or  those
    56  areas  east of the bulkhead line that are occupied by pier headhouses or
        S. 9408--B                          4

     1  other pier-related structures at the base of piers 57, 59, 60,  and  61;
     2  (ii)  a  one  story  heliport terminal building, fuel tank structure and
     3  five accessory parking spaces used in connection with a water  dependent
     4  non-tourism/non-recreational heliport to be located on a floating struc-
     5  ture  or  fixed  barge in the Hudson River located between west 29th and
     6  west 32nd streets (referred to in this paragraph as "the site") provided
     7  that the landing and takeoff area  located  east  of  the  bulkhead  may
     8  continue to operate until the landing and takeoff area west of the bulk-
     9  head is completed and operational.  If the trust initiates a request for
    10  proposals  relating  to  a  heliport, the trust shall meet the following
    11  requirements:
    12    (A) the trust shall form a West 30th street heliport site  task  force
    13  consisting  of: three members appointed by the chair of Manhattan commu-
    14  nity board 4, and one member each appointed respectively by the  Manhat-
    15  tan  borough  president, and by the New York City councilmember, the New
    16  York state senator, the New York state assembly member, and  the  United
    17  States  representative whose districts include the area of the site, and
    18  one member appointed by the trust who has experience with or  represents
    19  a  business  or  organization that mobilizes private sector resources to
    20  spur   economic opportunity, upward mobility  and  innovation,  and  one
    21  member  appointed  by  the trust who has experience with or represents a
    22  business or organization with  expertise  in  helicopter  operations  or
    23  helipad   siting and operations, and one member appointed by the commis-
    24  sioners of the state departments  of  transportation  and  environmental
    25  conservation  acting  jointly  and  by the commissioners of the New York
    26  city department of transportation and the  department  of  environmental
    27  protection  acting jointly. The task force shall review and comment upon
    28  any draft request for proposals under this  subparagraph  before  it  is
    29  issued;  (B)  the  task force shall review and comment upon the proposed
    30  request for proposals no less than ninety days before the final  request
    31  for  proposal is issued; provided that members of the task force and the
    32  officials who appointed them shall not be involved in the  selection  of
    33  contractors  or  vendors  under  the  request  for proposals, except and
    34  unless in relation to a public office held by the  individual;  (C)  any
    35  final plan, contract or lease for the site shall not exceed the require-
    36  ments of this act; or (iii) an interim commercial recreational use along
    37  the  upland park area between 29th and 34th streets, provided that:  (A)
    38  any such related enclosed structure shall not exceed  two  stories;  (B)
    39  any such use and any related enclosed structure shall not exceed a maxi-
    40  mum of two hundred feet in length and shall maintain open view corridors
    41  to  the Hudson river from streets running towards and away from the park
    42  and shall not be located within any designated visual corridors consist-
    43  ent with and to the extent required under the city of  New  York  zoning
    44  requirements;  and  (C)  such interim upland commercial recreational use
    45  shall not be permitted to be located or continue to operate  after  July
    46  1, 2024.
    47    § 4. Paragraph (c) of subdivision 3 of section 8 of chapter 592 of the
    48  laws  of  1998, constituting the Hudson river park act, is amended and a
    49  new paragraph (g) is added to read as follows:
    50    (c) Paragraph (b) of this  subdivision  shall  not  prohibit  floating
    51  structures,  and  lateral  stabilizing  elements to secure such floating
    52  structures, for water dependent uses; minor improvements along the shore
    53  front including bulkhead and other  repairs,  habitat  restoration,  and
    54  platforms either for a waterfront esplanade or to allow public access to
    55  the  Hudson  river; subject to the limitation that, in the aggregate, no
    56  more than eight acres of the water section may be covered or altered  by
        S. 9408--B                          5

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