Bill Text: NY S06566 | 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: (Vetoed) 2019-12-31 - VETOED MEMO.290 [S06566 Detail]
Download: New_York-2019-S06566-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6566 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 shall exceed 24 a maximum height of eighty-eight feet, excluding mechanical structures, 25 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. LBD13396-01-9S. 6566 2 1 and which must in any event have the mechanical equipment fully screened 2 with coverage on the roof of no more than twenty-five percent and set 3 back from the building edge at a sky exposure plane ratio of not less 4 than one to one and provided further that such mechanicals shall be no 5 taller than twenty feet. Any proposal for development or redevelopment 6 shall give equal preference to adaptive re-use of the existing structure 7 located on the pier as of the effective date of the chapter of the laws 8 of 2019 that amended this paragraph and construction of a new structure. 9 Any development or redevelopment shall include the preservation of the 10 mural displayed in such structure as of the effective date of the chap- 11 ter of the laws of 2019 that amended this paragraph created by Frank Nix 12 entitled The Shipping Mural. Any development or redevelopment shall 13 maintain a public open perimeter waterside walkway surrounding the 14 entirety of the pier or so much of the pier as is feasible and provide 15 space for a boathouse for small-scale boating and water access on the 16 south side of the pier no less than currently exists on the pier as of 17 the effective date of the chapter of the laws of 2019 that amended this 18 paragraph. Any development or redevelopment shall provide for playing 19 fields no less than three hundred and twenty thousand square feet, 20 provided that every effort is made to place as much playing field space 21 at ground level as is feasible. Any request for proposal for development 22 or redevelopment shall only be issued upon a majority vote of the board. 23 The trust shall form a Pier 40 Task Force. The task force shall consist 24 of no fewer than six and no more than eight members from Manhattan 25 Community Board 2, one member from Manhattan Community Board 1, one 26 member from Manhattan Community Board 4, and the local, state, and 27 federal elected officials whose districts abut the Hudson River Park. 28 The chairs of Manhattan Community Boards 1, 2, and 4 shall appoint task 29 force members representing their respective Community Boards. The task 30 force members representing Manhattan Community Boards 1, 2, and 4 shall 31 review and comment upon the request for proposal development program no 32 less than ninety days before such request for proposal is released, but 33 shall not be involved in the selection of contractors or other vendors. 34 The local, state, and federal elected officials on the task force may 35 review and comment upon the request for proposal development program no 36 less than ninety days before such request for proposal is released, but 37 shall not be involved in the selection of contractors or other vendors. 38 Development or redevelopment shall comply with all zoning and other land 39 use laws and regulations of the city of New York, and any passive and 40 active public open space that may be developed or redeveloped pursuant 41 to any overall pier development or redevelopment proposal shall be 42 available to the general public without professional or commercial 43 activity. Development or redevelopment shall be subject to and shall 44 comply with the provisions of New York city's uniform land use review 45 procedure. Pursuant to requirements set forth in this chapter, the 46 trust shall comply with all requirements related to a proposed signif- 47 icant action, including but not limited to holding a public hearing on 48 not less than thirty days' advance public notice. 49 § 2. Subdivision 11 of section 7 of chapter 592 of the laws of 1998, 50 constituting the Hudson river park act, as amended by chapter 515 of the 51 laws of 2018, is amended to read as follows: 52 11. Except as otherwise provided in this subdivision, in paragraph (j) 53 of subdivision 1 of this section, in paragraph (b) of subdivision 3 of 54 this section or in chapter 288 of the laws of 2005, the trust may not 55 enter into a lease, concession agreement, license or other agreement 56 relating to any part of the park for periods in excess of thirty yearsS. 6566 3 1 in total; except that such duration restriction shall not apply to (i) 2 the Hudson river rail tunnel, which use shall be permitted, where the 3 trust may enter into a lease for a term coterminous with its lease with 4 the state of New York provided for in paragraph (b) of subdivision 3 of 5 this section, which lease shall be subject to automatic renewal with any 6 extensions of the term of the underlying state lease that is authorized 7 under this act and which lease shall provide for the project sponsor to 8 restore for public open space use, at its cost and in accordance with 9 plans provided by the trust, the surface portions of the park affected 10 by or used temporarily in connection with construction and staging of 11 the Hudson river rail tunnel, and (ii) piers 57, 59, 60, 61, 76, 81, 83 12 and 98 where the trust may enter into a lease, concession agreement, 13 license or other agreement for a term or terms that may be up to forty- 14 nine years and except that such duration restriction shall not apply to 15 such piers where the trust may enter into a lease, concession agreement, 16 license or other agreement for a term or terms that may be up to nine- 17 ty-nine years, provided, however, such lease, concession agreement, 18 license or other agreement shall only occur upon the condition that such 19 agreements are identified and authorized in a memorandum of understand- 20 ing between the governor, the mayor of the city of New York, the tempo- 21 rary president of the senate and the speaker of the assembly after 22 consultation with the members of the assembly and senate representing 23 the area where the pier that is the subject of the agreement is located; 24 except pier 40, where the trust may enter into a lease, concession 25 agreement, license or other agreement for a term or terms that may be up 26 to 49 years with the option of one twenty-five year renewal and a second 27 renewal for up to twenty-four years, provided, however, such lease, 28 concession agreement, license or other agreement on pier 40 shall only 29 occur upon a majority vote of the board; and provided further that any 30 such agreement for a period in excess of ten years shall be for the 31 purpose of assuring a lessee, licensee, concessionaire or other party to 32 an agreement with adequate protection against loss of investments in 33 developing, renovating, improving, furnishing, and equipping properties 34 within the park. Any proposed lease, concession agreement, license or 35 other agreement by the trust for a period in excess of ten years shall 36 constitute a proposed significant action subject to the requirements of 37 subdivision six of this section. The trust shall promulgate rules and 38 regulations governing leases, concession agreements, licenses or other 39 agreements. Such rules and regulations shall require the trust to issue 40 a bid prospectus for any leases, concession agreements, licenses and 41 other agreements which would provide for a total capital investment in 42 the park of no less than one million dollars over the proposed term of 43 the agreement, except that the trust shall not be required to issue a 44 bid prospectus for a compatible governmental use. The bid prospectus 45 submitted to prospective bidders shall contain specific information 46 concerning the nature of the capital improvements or equipment to be 47 provided by the successful bidder and shall be provided to community 48 boards one, two and four within the borough of Manhattan. 49 § 3. Paragraph (vi) of subdivision (g) of section 3 of chapter 592 of 50 the laws of 1998, constituting the Hudson river park act, as amended by 51 chapter 517 of the laws of 2013, is amended to read as follows: 52 (vi) solely at pier 40 pursuant to the restrictions in paragraph (b) 53 of subdivision 9 of section 7 and pier 57, business, professional or 54 governmental offices; 55 § 4. This act shall take effect immediately.
