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. LBD16204-01-8S. 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.