STATE OF NEW YORK ________________________________________________________________________ 9039--B 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 -- 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 river rail tunnel 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 under the 21 surface of the park between West 27th and West 30th Streets (the "Hudson 22 river rail tunnel") subject to approval of the trust, consistent with 23 the trust lease for the Hudson river rail tunnel as authorized by subdi- 24 vision 11 of this section, and, in the case of real property held by the 25 city of New York, without compliance with the uniform land use review 26 procedures of the city of New York or any successor law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16204-04-8S. 9039--B 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 river rail tunnel, which use shall be permitted, where the 11 trust may enter into a lease for a term coterminous with its lease with 12 the state of New York provided for in paragraph (b) of subdivision 3 of 13 this 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 which lease shall provide for the project sponsor to 16 restore for public open space use, at its cost and in accordance with 17 plans provided by the trust, the surface portions of the park affected 18 by or used temporarily in connection with construction and staging of 19 the Hudson river rail tunnel, and (ii) piers 57, 59, 60, 61, 76, 81, 83 20 and 98 where the trust may enter into a lease, concession agreement, 21 license or other agreement for a term or terms that may be up to forty- 22 nine years and except that such duration restriction shall not apply to 23 such piers where the trust may enter into a lease, concession agreement, 24 license or other agreement for a term or terms that may be up to nine- 25 ty-nine years, provided, however, such lease, concession agreement, 26 license or other agreement shall only occur upon the condition that such 27 agreements are identified and authorized in a memorandum of understand- 28 ing between the governor, the mayor of the city of New York, the tempo- 29 rary president of the senate and the speaker of the assembly after 30 consultation with the members of the assembly and senate representing 31 the area where the pier that is the subject of the agreement is located; 32 and provided further that any such agreement for a period in excess of 33 ten years shall be for the purpose of assuring a lessee, licensee, 34 concessionaire or other party to an agreement with adequate protection 35 against loss of investments in developing, renovating, improving, 36 furnishing, and equipping properties within the park. Any proposed 37 lease, concession agreement, license or other agreement by the trust for 38 a period in excess of ten years shall constitute a proposed significant 39 action subject to the requirements of subdivision six of this section. 40 The trust shall promulgate rules and regulations governing leases, 41 concession agreements, licenses or other agreements. Such rules and 42 regulations shall require the trust to issue a bid prospectus for any 43 leases, concession agreements, licenses and other agreements which would 44 provide for a total capital investment in the park of no less than one 45 million dollars over the proposed term of the agreement, except that the 46 trust shall not be required to issue a bid prospectus for a compatible 47 governmental use. The bid prospectus submitted to prospective bidders 48 shall contain specific information concerning the nature of the capital 49 improvements or equipment to be provided by the successful bidder and 50 shall be provided to community boards one, two and four within the 51 borough of Manhattan. 52 § 4. This act shall take effect immediately. Effective immediately the 53 addition, amendment and/or repeal of any rule or regulation necessary 54 for the implementation of this act on its effective date are authorized 55 to be made on or before such date.