Bill Text: NY S09039 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the granting of a permanent vested easement for the Hudson river rail tunnel.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-12-28 - SIGNED CHAP.515 [S09039 Detail]

Download: New_York-2017-S09039-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         9039--A
                    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  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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  tunnels,  including  the
     8  construction,  repair,  maintenance, operation, and replacement thereof;
     9  public safety facilities necessary for the maintenance and operation  of
    10  the  park;  the marine company one fire boat station on pier 53; and the
    11  city of New York department of sanitation water-dependent marine  trans-
    12  fer 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  river rail tunnel between New York and  New  Jersey  crossing  the  park
    21  between West 27th and West 30th Streets (the "Hudson river rail tunnel")
    22  subject  to  approval of the trust, consistent with the trust lease with
    23  the state of New York as authorized by subdivision 11 of  this  section,
    24  and,  in the case of real property held by the city of New York, without
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16204-02-8

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