S T A T E O F N E W Y O R K
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9408--C
I N S E N A T E
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 -- 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:
Section 1. The opening paragraph of subdivision (e) and subdivisions
(g), (j) and (m) 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, are amended to read as follows:
"Hudson river park" or "park" means the area in the city and county of
New York within the following boundaries, but excluding [pier 76 except
as otherwise provided in paragraph (c) of subdivision nine of section
seven of this act and] piers 78, 88, 90, 92 and 94 and their associated
upland areas:
(g) "Park/commercial use" means a use that is not a prohibited use and
is compatible with park use, and that is:
(i) a transportation water dependent use, including commercial mari-
time and marine ferry terminals;
(ii) an entertainment, retail, restaurant, broadcast, television, or
film or media studio facility, commercial recreational use, commercial
amusements, performing arts, schools and educational facilities;
(iii) limited parking spaces incidental to permitted uses;
(iv) solely at piers 59, 60, and 61 and the headhouse (commonly known
as "Chelsea Piers") the uses authorized at such piers and headhouse as
of the effective date of this act;
(v) a non-tourism/non-recreation heliport for commercial and emergen-
cy transportation use; [and]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15130-10-4
S. 9408--C 2
(vi) solely at [pier] PIERS 57 AND 76, business, professional or
governmental offices[;], PROVIDED THAT AT PIER 76, THE HEIGHT OF ANY
COMMERCIAL OFFICE BUILDING MAY NOT EXCEED A HEIGHT OF ONE HUNDRED EIGHT-
Y-FIVE FEET MEASURED FROM THE DECK OF THE PIER, EXCLUDING BUILDING
MECHANICALS, AND PROVIDED FURTHER THAT ANY SUCH OFFICE BUILDING MAY NOT
BE LOCATED PROXIMATE TO THE PIER'S EDGE ALONG THE WESTERN OR SOUTHERN
PORTION OF THE PIER; AND
(VII) SOLELY AT PIER 76, LARGE-SCALE AMUSEMENT RIDES AND OTHER TOURIST
ATTRACTIONS; WAREHOUSE FACILITIES NEEDED FOR WATERBORNE TRANSPORTATION
ACTIVITIES OCCURRING AT THE PIER; AND FLOATING RESTAURANTS.
(j) "Prohibited use" means any of the following uses:
(i) residential;
(ii) manufacturing, except in furtherance of and incidental to park
uses, provided that small scale creation of artisan foods or other craft
products shall not be considered manufacturing;
(iii) warehousing;
(iv) hotel;
(v) incompatible governmental uses;
(vi) casino and riverboat gambling, and the docking of vessels to be
used substantially for gambling or for transportation to such a vessel;
(vii) any facility for motorized aircraft, including a heliport except
a heliport which is defined as a park/commercial use;
(viii) commercial office, except office space that is incidental to a
permitted use, and further provided that such prohibition shall not
apply to [pier] PIERS 57 AND 76; and
(ix) other uses determined by the trust to be incompatible with the
purposes of this act.
(m) "Water dependent use" excludes any prohibited use and means:
(i) any use that depends on utilization of resources found in the
water section;
(ii) recreational activities that depend on access to the water
section, such as fishing, boating, swimming in such waters, passive
enjoyment of the Hudson river and wildlife protection and viewing;
(iii) facilities and incidental structures needed to dock and service
boats;
(iv) scientific and educational activities that by their nature
require access to marine reserve waters;
(v) the development, operation and maintenance of a non-tourism/non-
recreational heliport located between west 29th and west 32nd streets
provided (A) that there shall be no structures other than the helicopter
take-off or landing pads built on floating structures; and (B) such
floating structures shall be no higher than a pier deck at low tide; and
(vi) mooring or docking of a barge used as part of a cultural, educa-
tional, historic or other public programming in the park; provided that
no more than two barges may be moored or docked per year and provided
further that the duration of any such mooring or docking of a barge
shall be limited to six months per year at any location within the boun-
daries of the park, EXCEPT THAT AT PIER 76, THE LIMIT OF SIX MONTHS PER
YEAR SHALL NOT APPLY.
§ 2. Subdivision 1-a of section 7 of chapter 592 of the laws of 1998,
constituting the Hudson river park act, as added by chapter 517 of the
laws of 2013, is amended to read as follows:
1-a. The trust shall not be authorized to forgo or assign any revenues
or payments due to it by law, provided however that the trust may assign
revenues or payments to maintain, reconstruct and repair the piers and
bulkheads existing and as depicted in the May 20, 1998 final environ-
S. 9408--C 3
mental impact statement within their historic footprints or boundaries
subject to a determination by the department of environmental conserva-
tion that, to the maximum extent practicable, any significant adverse
impact on the marine environment resulting from such maintenance, recon-
struction or repair will be minimized or avoided, and provided further
that the reconstruction of pier 54 AND PIER 76 shall not be subject to
the historic footprint restriction, PROVIDED THAT AT PIER 76, ANY CHANGE
TO THE HISTORIC FOOTPRINT SHALL RESULT IN THE SAME SIZE FOOTPRINT AND IN
MORE THAN FIFTY PERCENT OF THE FOOTPRINT DEDICATED TO A PARK USE.
§ 3. Paragraphs (c) and (i) of subdivision 9 of section 7 of chapter
592 of the laws of 1998, constituting the Hudson river park act, para-
graph (c) as amended by section 2 of part WW of chapter 56 of the laws
of 2020 and paragraph (i) as amended by chapter 517 of the laws of 2013,
are amended to read as follows:
(c) [(i) On or before July 1, 2020, the city of New York shall convey
to the state of New York under the jurisdiction of the office of parks,
recreation and historic preservation its interest in Pier 76, who, upon
such conveyance shall immediately lease a possessory interest to the
trust. Upon such conveyance, Pier 76 shall become part of the park and
shall remain part of the park under the operational control of the trust
and following redevelopment at least] NO LESS THAN THE EQUIVALENT OF
fifty percent of the Pier 76 footprint shall be used for park uses that
are limited to passive and active open space [and which shall be contig-
uous to water; and provided further that the remaining portion shall be
for park/commercial use. (ii) The city of New York shall, prior to
December 31, 2020, cease using or occupying Pier 76 for any purposes.
Should the city of New York continue to use or occupy Pier 76 for any
purpose subsequent to December 31, 2020, the city of New York shall (A)
compensate the trust in the amount of twelve million dollars, and (B)
beginning February 1, 2021, pay fees in the amount of three million
dollars for each complete or partial month of occupancy. (iii) On or
after the effective date of the chapter of the laws of 2020 which
amended this paragraph, the trust shall be entitled to timely and
reasonable access to Pier 76 for the purpose of conducting assessments
and inspections necessary to further redevelopment of Pier 76 following
its inclusion in the park. (iv) Beginning July 1, 2020, the city of New
York shall periodically prepare and submit a report to the state of New
York, with a copy to the trust, detailing actions taken by the city of
New York to relocate the tow pound. In the event that the city provides
demonstrable evidence of its effort to relocate the tow pound or any
other city uses of Pier 76, initiation of and compliance with land use
review processes and environmental review processes, such as, issuance
of a request for qualifications or request for proposals for design or
construction services for the project; and initiation and completion of
construction of, and relocation to a replacement tow pound, the state of
New York, in its sole discretion, may waive the fees assessed in subpar-
agraph (iii) of this paragraph. (v) This paragraph may be enforced by a
court of competent jurisdiction and in any suit brought by the state,
through the attorney general, the trust shall not be a necessary party];
PROVIDED THAT UP TO ONE HUNDRED PERCENT OF THIS PIER MAY BE LIMITED TO
PARK USE AS DETERMINED BY THE TRUST. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ACT TO THE CONTRARY, COMMERCIAL OR MUNICIPAL PARKING
GARAGES OR FACILITIES ARE NOT PERMITTED AT PIER 76.
(i) Consistent with the general project plan, the area of the park
east of the bulkhead line shall be used solely for park use and to
permit access to permitted uses; provided that this limitation shall not
S. 9408--C 4
apply to (i) THE AREA EAST OF THE BULKHEAD LINE AT PIER 76 OR those
areas east of the bulkhead line that are occupied by pier headhouses or
other pier-related structures at the base of piers 57, 59, 60, and 61;
(ii) a one story heliport terminal building, fuel tank structure and
five accessory parking spaces used in connection with a water dependent
non-tourism/non-recreational heliport to be located on a floating struc-
ture OR FIXED BARGE IN THE HUDSON RIVER located between west 29th and
west 32nd streets (REFERRED TO IN THIS PARAGRAPH AS "THE SITE") provided
that the landing and takeoff area located east of the bulkhead may
continue to operate until the landing and takeoff area west of the bulk-
head is completed and operational. IF THE TRUST INITIATES A REQUEST FOR
PROPOSALS RELATING TO A HELIPORT, THE TRUST SHALL MEET THE FOLLOWING
REQUIREMENTS:
(A) THE TRUST SHALL FORM A WEST 30TH STREET HELIPORT SITE TASK FORCE
CONSISTING OF: THREE MEMBERS APPOINTED BY THE CHAIR OF MANHATTAN COMMU-
NITY BOARD 4, TWO MEMBERS APPOINTED BY THE MAYOR OF THE CITY OF NEW
YORK, AND ONE MEMBER EACH APPOINTED RESPECTIVELY BY THE MANHATTAN
BOROUGH PRESIDENT, AND BY THE NEW YORK CITY COUNCILMEMBER, THE NEW YORK
STATE SENATOR, THE NEW YORK STATE ASSEMBLY MEMBER, AND THE UNITED STATES
REPRESENTATIVE WHOSE DISTRICTS INCLUDE THE AREA OF THE SITE, AND ONE
MEMBER APPOINTED BY THE TRUST WHO HAS EXPERIENCE WITH OR REPRESENTS A
BUSINESS OR ORGANIZATION THAT MOBILIZES PRIVATE SECTOR RESOURCES TO SPUR
ECONOMIC OPPORTUNITY, UPWARD MOBILITY AND INNOVATION, AND ONE MEMBER
APPOINTED BY THE TRUST WHO HAS EXPERIENCE WITH OR REPRESENTS A BUSINESS
OR ORGANIZATION WITH EXPERTISE IN HELICOPTER OPERATIONS OR HELIPAD
SITING AND OPERATIONS, AND ONE MEMBER APPOINTED BY THE COMMISSIONERS OF
THE STATE DEPARTMENTS OF TRANSPORTATION AND ENVIRONMENTAL CONSERVATION
ACTING JOINTLY AND BY THE COMMISSIONERS OF THE NEW YORK CITY DEPARTMENT
OF TRANSPORTATION AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION ACTING
JOINTLY. THE TASK FORCE SHALL REVIEW AND COMMENT UPON ANY DRAFT REQUEST
FOR PROPOSALS UNDER THIS SUBPARAGRAPH BEFORE IT IS ISSUED; (B) THE TASK
FORCE SHALL REVIEW AND COMMENT UPON THE PROPOSED REQUEST FOR PROPOSALS
NO LESS THAN NINETY DAYS BEFORE THE FINAL REQUEST FOR PROPOSAL IS
ISSUED; PROVIDED THAT MEMBERS OF THE TASK FORCE AND THE OFFICIALS WHO
APPOINTED THEM SHALL NOT BE INVOLVED IN THE SELECTION OF CONTRACTORS OR
VENDORS UNDER THE REQUEST FOR PROPOSALS, EXCEPT AND UNLESS IN RELATION
TO A PUBLIC OFFICE HELD BY THE INDIVIDUAL; (C) ANY FINAL PLAN, CONTRACT
OR LEASE FOR THE SITE SHALL NOT EXCEED THE REQUIREMENTS OF THIS ACT; or
(iii) an interim commercial recreational use along the upland park area
between 29th and 34th streets, provided that: (A) any such related
enclosed structure shall not exceed two stories; (B) any such use and
any related enclosed structure shall not exceed a maximum of two hundred
feet in length and shall maintain open view corridors to the Hudson
river from streets running towards and away from the park and shall not
be located within any designated visual corridors consistent with and to
the extent required under the city of New York zoning requirements; and
(C) such interim upland commercial recreational use shall not be permit-
ted to be located or continue to operate after July 1, 2024.
§ 4. Paragraph (c) of subdivision 3 of section 8 of chapter 592 of the
laws of 1998, constituting the Hudson river park act, is amended and a
new paragraph (g) is added to read as follows:
(c) Paragraph (b) of this subdivision shall not prohibit floating
structures, and lateral stabilizing elements to secure such floating
structures, for water dependent uses; minor improvements along the shore
front including bulkhead and other repairs, habitat restoration, and
platforms either for a waterfront esplanade or to allow public access to
S. 9408--C 5
the Hudson river; subject to the limitation that, in the aggregate, no
more than eight acres of the water section may be covered or altered by
floating structures or minor improvements at any time. Any building or
other structure constructed on a floating structure must be limited to
water dependent uses and may not exceed one story. No dredge spoils
shall be allowed for any purpose. Nothing in this subdivision shall
impair the ability of the trust or other persons to maintain navigabili-
ty or maintain, reconstruct and repair the piers and bulkheads existing
and as depicted in the May 20, 1998 final environmental impact statement
within their historic footprints or boundaries OR AS OTHERWISE AUTHOR-
IZED IN THIS CHAPTER subject to a determination by the department of
environmental conservation that, to the maximum extent practicable, any
significant adverse impact on the marine environment resulting from such
maintenance, reconstruction or repair will be minimized or avoided.
(G) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, PIER 76 MAY BE
RECONSTRUCTED OUTSIDE OF ITS HISTORIC FOOTPRINT PROVIDED THAT ANY CHANGE
TO THE HISTORIC FOOTPRINT SHALL RESULT IN THE SAME SIZE FOOTPRINT AND IN
MORE THAN FIFTY PERCENT OF THE FOOTPRINT DEDICATED TO A PARK USE.
§ 5. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, or to violate or be
inconsistent with any federal law or regulation, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act, which can be given
effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
