S T A T E O F N E W Y O R K
________________________________________________________________________
8351
2019-2020 Regular Sessions
I N A S S E M B L Y
June 15, 2019
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Introduced by M. of A. GLICK -- read once and referred to the Committee
on Cities
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 SHALL EXCEED
A MAXIMUM HEIGHT OF EIGHTY-EIGHT FEET, EXCLUDING MECHANICAL STRUCTURES,
WHICH DIMENSIONS AND LOCATION WOULD BE DESIGNATED PURSUANT TO LOCAL LAW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13396-01-9
A. 8351 2
AND WHICH MUST IN ANY EVENT HAVE THE MECHANICAL EQUIPMENT FULLY SCREENED
WITH COVERAGE ON THE ROOF OF NO MORE THAN TWENTY-FIVE PERCENT AND SET
BACK FROM THE BUILDING EDGE AT A SKY EXPOSURE PLANE RATIO OF NOT LESS
THAN ONE TO ONE AND PROVIDED FURTHER THAT SUCH MECHANICALS SHALL BE NO
TALLER THAN TWENTY FEET. ANY PROPOSAL FOR DEVELOPMENT 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 CHAP-
TER OF THE LAWS OF 2019 THAT AMENDED THIS PARAGRAPH CREATED BY FRANK NIX
ENTITLED THE SHIPPING MURAL. ANY DEVELOPMENT 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 WITHOUT 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 SIGNIF-
ICANT 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
A. 8351 3
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
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.