Authorizes and validates the alienation of certain parkland known as Empire Fulton Ferry state park

Summary of specific provisions

Section 1 validates and authorizes the alienation and conveyance of state-owned parkland formerly known as the Empire Fulton Ferry State Park in accordance with the terms of letters patent dated July 8, 2010 which conveyed the former state park from the New York State Office of General Services to the Brooklyn Bridge Park Development Corporation (the "BBPDC") and authorized the discontinuance of a portion of the former state park as parkland, and in accordance with the terms of a 99-year master ground lease dated as of July 29, 2010, in which the BBPDC leased the properties comprising Brooklyn Bridge Park, which include the former state park, to the Brooklyn Bridge Park Corporation (the "BBPC") to enable BBPC to assume responsibility for development and operation of Brooklyn Bridge Park.

Section 2 authorizes BBPDC and/or BBPC to alienate the portion of the former Empire Fulton Ferry State Park delineated as Parcel B and to use Parcel B in any manner consistent with the General Project Plan for the Brooklyn Bridge Park Civic and Land Use Improvement Project (the "GPP"). Section 2 also provides that the remaining portion of the former Empire Fulton Ferry State Park delineated as Parcel A be used for park and recreation purposes as part of Brooklyn Bridge Park.

Section 3 makes the alienation of Parcel B authorized by section 2 subject to the City of New York dedicating the land described in section 7 as parkland and provides that if the fair market value of the replacement parkland is not equal to or greater than fair market value of Parcel B, the City of New York must acquire additional parkland or improve existing parkland in Brooklyn to make up the shortfall in fair market value.

Section 4 provides that the discontinuance of Parcel B as parkland authorized by section 2 shall not occur until the National Park Service has approved a conversion of Parcel B pursuant to the federal Land and Water Conservation Fund Act.

Section 5 provides that the replacement parkland shall be used and dedicated for park and recreation purposes as part of Brooklyn Bridge Park consistent with the timeframe for completion of the conversion process required by the National Park Service under the federal Land and Water Conservation Fund Act.

Section 6 identifies the metes and bounds of the land conveyed in the letters patent and the land be discontinued as parkland. The metes and bounds of these parcels are identical to the metes and bounds of Parcels A and Parcel B as described in the July 8, 2010 letters patent referred to in section 1.

Section 7 identifies the metes and bounds of the replacement land to be used for park and recreation purposes as part of Brooklyn Bridge Park in accordance with section 4, above.

Section 8 provides that this act shall take effect immediately.

Justification

The continued development of the Brooklyn Bridge Park into a unified vibrant waterfront park has been jeopardized by a recent state Supreme Court decision (Brooklyn Heights Ass'n, et al. v. New York State Office of Parks. Recreation and Historic Preservation. et at., Index No. 1120/11 (Sup. Ct. Kings County Dec. 14, 2011) calling into question transactions under which jurisdiction over the former Empire Fulton Ferry State Park (the "EFFSP") was transferred from the state to the Brooklyn Bridge Park Corporation as a part of the Brooklyn Bridge Park Civic and Land Use Improvement Project (the "BBP Project"). These transactions confirmed that part of the transferred land would continue to be used as parkland as part of Brooklyn Bridge Park and permitted the remaining part of the transferred land to be discontinued as parkland so that historic civil war era structures on that land, known as the Tobacco Warehouse and the Empire Stores, could be adaptively reused to ensure the long-term preservation of these structures and in the case of the Empire Stores, to provide revenue critical for the future operation and maintenance of Brooklyn Bridge Park. The enactment of this legislation will authorize and validate the transact ions that included the former EFFSP as an integral part of the

Brooklyn Bridge Park and allow the Tobacco Warehouse and the Empire Stores to be preserved and adaptively reused as planned to further the long term goals of the BBP Project OPP. Once rehabilitated in accordance with the OPP and historic preservation requirements, revenue from the Empire Stores is expected to cover approximately 5 percent of Brooklyn Bridge Park's total operation and maintenance budget after all phases of construction are completed and approximately 10 percent of the operation and maintenance costs of the currently funded portion of the Park. Unless this legislation is enacted, both structures will continue to deteriorate until they can no longer be saved. Empire Stores is currently in extreme disrepair and closed to the public. The Tobacco Warehouse's roof and upper walls collapsed in the past and the emergency stabilization work on its walls that was completed a decade ago will not preserve the structure into the future. Brooklyn Bridge Park does not have money to fund the significant cost of rehabilitating and redeveloping these structures. Unless the parkland restrictions on these historic buildings is lifted, non-public funding will not be available to allow development of the buildings in a manner that respects their historic features and to protect these historic structures into the future. Enactment of this legislation will also return the Brooklyn Bridge Park to unified oversight and management.

The legislation requires replacement of the discontinued parkland with three properties that are not currently used or dedicated for park purposes. These properties are to be used for park and recreational purposes and incorporated into Brooklyn Bridge Park. If the fair market value of these three properties are of not equal or greater value to Parcel B, the parkland to be discontinued, the City of New York will acquire additional property or make improvements to existing parkland in Brooklyn. While the acreage of the replacement properties is less than the acreage of Parcel B, the replacement properties will provide more public space for park and recreation purposes than currently exists in Parcel B because the Empire Stores is, and without this legislation will remain, closed to the public for safety reasons. Excluding Empire Stores, Parcel B contains approximately 34,000 square feet of space. The replacement parcels contain approximately 38,000 square feet of space. The replacement parcels will provide passive and active recreational uses, potentially new public facilities, and additional scenic views that the Parcel B cannot provide given the deteriorated condition of the historic structures.

Prior legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take immediately.