Relates to the powers, duties and jurisdiction of the Hudson river park trust and boundaries and uses of the Hudson river park

Summary of specific provisions

The bill would:

*clarify that this amendment to the Act does not constitute a change to the General Project Plan (in Legislative Intent);

*amend the southern boundary of the park;

*amend the definition of "Park/Commercial Use" to include;

o restaurants;

o broadcast, television, film or media studio facilities;

o commercial amusements;

o performing arts;

o schools;

o educational facilities; and,

o business, professional or governmental offices solely at Pier 57;

* amend the definition of "Park Use" to

o define and authorize amusement rides which includes a prohibition on Ferris wheels, other observation rides or tourist rides from being considered a "Park Use"; and,

o authorize the sale of incidental items for use and enjoyment of the Dark on a small scale basis;

* amend "Prohibited Use" of manufacturing to allow for small scale creation of artisan foods and crafts;

* amend the definition of "Water Dependent Use" to include o the development, operation and maintenance of a non-tourism/non-recreational heliport with takeoff and landing pads on floating structures located between West 29th and West 32' Streets; and,

o the mooring and docking for up to six months at any location in the park of up to two barges a year used as part of a cultural, educational, historic or other public program;

*amend the powers of the Trust to include:

o a requirement that the NYS Attorney General provide any necessary legal services;

o an authorization to transfer air rights up to one block east of the boundaries of the park to the extent permitted under local zoning and a requirement that any revenues derived from the transfer of air tights from, Pier 40 first be used to repair the infrastructure of that pier, with the Trust permitted to use any excess revenues for other projects permitted by the Act;

o an authorization for the Trust to impose a passenger fee of up to 52 on every passenger traveling on a commercial passenger vessel other than those traveling aboard a ferry;

* prohibit the Trust from forgoing or assigning any revenues or payments due to it by law, provided however that the Trust may assign revenues or payments to maintain, reconstruct or repair the piers and bulkheads as they existed in 1998 with the exception of the reconfigured Pier 54;

* authorize the Trust-to pay for or enter into assignment contracts for site specific improvement and deem those site specific improvements to not be direct financial assistance;

* require the State and City to extend the leases or other agreements with the Trust until March 31, 2112;

* require the State and City to insure, defend and indemnify the Trust in relation to their respective ownership of real property in the park;

* extend to 90 days after the close of the Trust's fiscal year or amendment of the General Project Plan for the Trust to deliver a current copy of the annual financing plan and any amendments to the General Project Plan to certain elected officials;

* authorize 49 year leases on Piers 57, 59, 60, 61, 76, 81, 83, and 98 as of right and 99 year leases of such piers subject to an MOU;

* require New York City, after removal of the tow pound, to convey 100 of Pier 76 to the Trust and require at least 50% of the Pier to be used for park uses that are limited to passive and active open space that shall be contiguous to the water with the remaining percentage to be "Park/Commercial Use;"

* amend the 10% restriction on pier coverage to allow for a two story structure with a coverage limitation of 12,000 square feet for an estuatimn facility on Pier 26;

* amend the coverage limitation for Pier 97 to 12,000 square feet;

* authorize the following east of the bulkhead:

o a one story heliport building, the tank structure and five accessory parking spaces for the water dependent heliport; ,

o continued operation of the existing heliport until the water dependent heliport is completed and operational; and,

o an interim commercial recreational use along the upland park area between 29th and 34th Streets until July 1, 2024;

* authorize specifications for Pier 54 to be reconstructed outside of its historic footprint;

* exempt certain development from certain aspects of waterfront zoning requirements; and,

* require a labor peace agreement should there ever be a hotel or meeting space constructed in the park.

Justification

This legislation will ensure the continued viability of the Hudson River Park. The continued operation and maintenance of the Hudson River Park will enhance and protect the natural, cultural and historic aspects of the Hudson River, enhance and afford quality public access to die river, allow for an array of cultural and recreational programs and provide a host of other public benefits. The limited changes and additional rights provided by this amendment to the 1998 Hudson River Park Act are intended to be consistent with the park's mission.

Prior legislative history

New bill.

Fiscal implications

None to the State.

Effective date

Immediately.