STATE OF NEW YORK
        ________________________________________________________________________
                                          9039
                    IN SENATE
                                      June 14, 2018
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend chapter 592 of the laws of 1998, constituting the Hudson
          river park act, in relation to the  granting  of  a  permanent  vested
          easement for the Hudson Tunnel Project
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of section 3 of chapter 592 of  the  laws  of
     2  1998,  constituting the Hudson river park act, as amended by chapter 517
     3  of the laws of 2013, is amended to read as follows:
     4    (b) "Compatible governmental use" means a use within the park that  is
     5  compatible  with  park  use in accordance with the purposes of this act,
     6  such as necessary  and  appropriate  sewage,  utility,  and  ventilation
     7  connections, and private utilities, and rail and road tunnels, including
     8  the construction, repair, maintenance, operation, and replacement there-
     9  of; public safety facilities necessary for the maintenance and operation
    10  of  the  park;  the marine company one fire boat station on pier 53; and
    11  the city of New York department  of  sanitation  water-dependent  marine
    12  transfer station on pier 99.
    13    § 2. Paragraph (c) of subdivision 3 of section 7 of chapter 592 of the
    14  laws of 1998, constituting the Hudson river park act, is amended to read
    15  as follows:
    16    (c) No part of the real property in the park may be alienated, sold or
    17  otherwise  disposed  of  (except  for any lease, license or other encum-
    18  brance consistent with this act) other than by act of  the  legislature,
    19  except  that  a  permanent vested easement may be granted for the Hudson
    20  Tunnel Project subject to approval of the  trust,  consistent  with  the
    21  trust lease with the state of New York as authorized by paragraph (b) of
    22  subdivision  3 of this section and the trust lease for the Hudson Tunnel
    23  Project as authorized by subdivision 11 of this  section,  and,  in  the
    24  case  of  real property held by the city of New York, without compliance
    25  with the uniform land use review procedures of the city of New  York  or
    26  any successor law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16204-01-8

        S. 9039                             2
     1    §  3.  Subdivision 11 of section 7 of chapter 592 of the laws of 1998,
     2  constituting the Hudson river park act, as amended by chapter 517 of the
     3  laws of 2013, is amended to read as follows:
     4    11. Except as otherwise provided in this subdivision, in paragraph (j)
     5  of  subdivision  1 of this section, in paragraph (b) of subdivision 3 of
     6  this section or in chapter 288 of the laws of 2005, the  trust  may  not
     7  enter  into  a  lease,  concession agreement, license or other agreement
     8  relating to any part of the park for periods in excess of  thirty  years
     9  in  total;  except that such duration restriction shall not apply to (i)
    10  the Hudson Tunnel Project, which use shall be permitted, where the trust
    11  may enter into a lease for a term coterminous with its  lease  with  the
    12  state of New York provided for in paragraph (b) of subdivision 3 of this
    13  section,  which  lease  shall  be  subject to automatic renewal with any
    14  extensions of the term of the underlying state lease that is  authorized
    15  under  this  act, and (ii) piers 57, 59, 60, 61, 76, 81, 83 and 98 where
    16  the trust may enter into a lease, concession agreement, license or other
    17  agreement for a term or terms that may be up  to  forty-nine  years  and
    18  except  that  such  duration  restriction  shall not apply to such piers
    19  where the trust may enter into a lease, concession agreement, license or
    20  other agreement for a term or terms that may be up to ninety-nine years,
    21  provided, however, such lease, concession agreement,  license  or  other
    22  agreement  shall  only occur upon the condition that such agreements are
    23  identified and authorized in a memorandum of understanding  between  the
    24  governor,  the mayor of the city of New York, the temporary president of
    25  the senate and the speaker of the assembly after consultation  with  the
    26  members  of the assembly and senate representing the area where the pier
    27  that is the subject of the agreement is located;  and  provided  further
    28  that any such agreement for a period in excess of ten years shall be for
    29  the  purpose  of  assuring  a  lessee, licensee, concessionaire or other
    30  party to an agreement with adequate protection against loss  of  invest-
    31  ments  in  developing,  renovating, improving, furnishing, and equipping
    32  properties within the park. Any proposed  lease,  concession  agreement,
    33  license  or  other  agreement by the trust for a period in excess of ten
    34  years shall constitute a proposed  significant  action  subject  to  the
    35  requirements of subdivision six of this section. The trust shall promul-
    36  gate  rules  and  regulations  governing  leases, concession agreements,
    37  licenses or other agreements. Such rules and regulations  shall  require
    38  the  trust  to  issue a bid prospectus for any leases, concession agree-
    39  ments, licenses and other agreements which would  provide  for  a  total
    40  capital  investment in the park of no less than one million dollars over
    41  the proposed term of the agreement, except that the trust shall  not  be
    42  required  to  issue  a bid prospectus for a compatible governmental use.
    43  The bid  prospectus  submitted  to  prospective  bidders  shall  contain
    44  specific  information  concerning the nature of the capital improvements
    45  or equipment to be provided  by  the  successful  bidder  and  shall  be
    46  provided  to  community  boards  one, two and four within the borough of
    47  Manhattan.
    48    § 4. This act shall take effect immediately. Effective immediately the
    49  addition, amendment and/or repeal of any rule  or  regulation  necessary
    50  for  the implementation of this act on its effective date are authorized
    51  to be made on or before such date.