S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6566
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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

 S. 6566                             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

 S. 6566                             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.