What's happening
This bill amends the Hudson River Park Act to require New York State to defend and indemnify the park trust for claims related to the adjacent Route 9A bikeway/Greenway.
Why it matters
Shifts legal and financial risk. By requiring New York State to defend and indemnify the Hudson River Park Trust for incidents on the Route 9A bikeway/Greenway, the bill shields the Park Trust from lawsuits or claims related to accidents or property damage on this heavily used cycling and pedestrian route.
Clarifies responsibility for a key public space. The amendment makes clear that although the bikeway/Greenway is adjacent to the park and managed by the Trust, it remains state-owned property, and the state—not the Trust—will bear liability for related claims. This distinction helps prevent costly legal confusion.
Promotes stability for park operations. By reducing the Trust’s exposure to potentially significant legal costs and insurance requirements, the legislation helps ensure that more of the Trust's resources can be devoted to maintaining and improving the park itself, rather than defending against claims unrelated to park property.
Potentially expedites improvements and public use. With clearer indemnification and defense provisions, the Trust may be more willing to undertake collaborative projects or programming along the Greenway, knowing it is protected from certain liabilities, thus potentially improving safety and amenities for users.
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Who cares
Headline styles
State Covers Greenway Liabilities
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Vetoed memo.289
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.613
- Substituted for A8299
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1706
- Print number 6281a
- Amend and recommit to rules
Show 1 earlier action
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
State Covers Bikeway Lawsuits
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6281--A
2019-2020 Regular Sessions
IN SENATE
June 3, 2019
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 the Hudson river park act, in relation to defense and indemnification obligations relating to the Route 9A bikeway/Greenway adjacent to the Hudson river park
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 3 of section 7 of chapter 592 of the laws of 1998, constituting the Hudson river park act, as amended by chapter 517 of the laws of 2013, is amended to read as follows:
(b) Upon the coming into existence of the trust, it shall exercise its rights, powers, responsibilities, and duties with respect to the park under this act. The state and the city of New York, each with respect to its real property in the park, shall expeditiously enter into agreements with the trust, whether by lease or otherwise, for a term not to exceed 99 years, provided that the state and city of New York shall extend such lease or other agreements until March 31, 2112 pursuant to [this] chapter 517 of the laws of 2013 and to modify the insurance and indemnification provisions thereof such that the state and city, each to the extent of its ownership of the real property in the park, shall provide for insurance, defense and indemnification obligations running from the state or city, as the case may be, to the trust in connection with and to the extent of any and all bodily injury or property damage claims alleged to occur on or relate to their respective real property in the park and to eliminate any obligations on the part of the trust in such lease agreements to provide insurance, defense or indemnification to the state or city, as the case may be, in connection with such alleged bodily injury or property damage claims. The state shall provide for defense and indemnification running from the state to the trust in connection
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13143-02-9
S. 6281--A 2
with and to the extent of any and all bodily injury or property damage claims alleged to occur on or relate to the adjacent Route 9A bikeway/Greenway located between the northern seawall of Battery park city and the northern boundary of 59th street, which is real property owned by the state and not part of the park. The state and city, as applicable, shall execute such other instruments as necessary, whereby the trust shall receive a possessory interest in the real property and exercise its rights, powers, responsibilities, and duties, all in accordance with this act.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the Hudson river park act, in relation to defense and indemnification obligations relating to the Route 9A bikeway/Greenway adjacent to the Hudson river park
Summary of provisions
Section 1 of the bill amends paragraph (b) of subdivision 3 of section 7 of the Hudson River Park Act to add the adjacent Route 9A Bikeway/Greenway to the existing real property for which New York State is required to provide for insurance, defense and indemnification for injuries or property damages that occur in the Park.
Justification
The Hudson River Park Act requires New York State and New York City, each with respect to its real property in Hudson River Park, to either self-insure, procure insurance, or reimburse the Hudson River Park Trust for insurance the Trust procures to cover all bodily injury or property damage claims alleged to occur on or relate to the real property of the Park.
Currently, the insurance, defense and indemnification requirements of the Hudson River Park Act do not extend to the Route 9A Bikeway /Green- way adjoining the Park, and as a result New York State - the owner of the Bikeway - is not required to defend or indemnify the Trust related to claims for personal injury or property damage that occur on the bike- way.
On October 31, 2017, a terrorist attack on the Route 9A bikeway resulted in significantly increased insurance coverage costs for the Trust. This legislation would extend the existing insurance coverage, indemnifica- tion and defense requirements of the Hudson River Park Act to the bike- way to alleviate the burdensome insurance costs on the Trust for inci- dents that occur on property owned by New York State.
Legislative history
New Bill.
Fiscal implications for state and local governments
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.