"It is clear at this point there is not enough support to pass a bill that does what needs to be done," said Rep. Richard Gottfried.
The state legislative session is slated to end Thursday.
The park's bank account is quickly dwindling in the wake of two successive years of budget deficits. Without a cash infusion, the five-mile park will exhaust its reserve fund in less than three years.
To reverse the trend, the trust sought new legislation to make Pier 40, the park's main commercial asset, more attractive to potential developers by expanding the uses allowed there, as well as the lease term. Two previous attempts to develop the pier have failed. Recently, the trust's president, Madelyn Wils, said Pier 40 might have to close by 2014 unless there is a cash infusion.
Meanwhile, roughly $118 million is needed just to make basic repairs to Pier 40, a nearly 15-acre expanse with ball fields and a 775,000-square-foot building with offices, sports facilities and a parking garage.
The trust has raised the idea of allowing residential units and a hotel to be constructed on the pier—two uses forbidden under the law that created the trust. Leaders also hoped the pier's lease term would be extended beyond 30 years. A study commissioned by the trust suggested that an 87-year lease term for its existing space at the end of West Houston Street would be ideal.
However, the proposed bill was a watered down version of what the trust thought would make sense for the Pier. It didn't allow for either residential or hotel development, nor did it definitely lengthen the lease term.
Previously, Rep. Deborah Glick voiced doubts about the legislation, saying she thought the effort was moving too quickly. She wasn't convinced that Pier 40's lease term needed to be changed or that its uses had to be expanded. Her support is crucial because she represents the Greenwich Village district.
However, Ms. Glick said that the legislation would have given the trust $15 million in emergency aid. It also would have received about $7 million from fees on water taxis.
"I think it was a fair deal," she said. "I don't know why [the Pier] walked away."
Mr. Gottfried said the bill didn't provide long-term solutions for the trust's financial problems and passing legislation that would need to be changed again in several years didn't make sense to him.
If a special session of the legislature is called in December, there is a chance the bill could be revisited. Otherwise, legislators will go back to the drawing board next year.
Ms. Wils didn't return calls for comment.
S T A T E O F N E W Y O R K
________________________________________________________________________
10705
I N A S S E M B L Y
June 15, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
-- read once and referred to the Committee on Cities
AN ACT to amend the Hudson river park act and the New York city charter,
in relation to the boundaries and uses of the Hudson river park
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 3 of chapter 592 of the laws of 1998, constituting
2 the Hudson river park act, is amended to read as follows:
3 S 3. Definitions. As used in this act, the following terms shall have
4 the following meanings, unless the context clearly requires otherwise:
5 (a) "Board" means the board of directors of the Hudson river park
6 trust.
7 (b) "Compatible governmental use" means a use within the park that is
8 compatible with park use in accordance with the purposes of this act,
9 such as necessary and appropriate sewage, utility, and ventilation
10 connections, and private utilities, including the repair, maintenance,
11 operation, and replacement thereof; public safety facilities necessary
12 for the maintenance and operation of the park; the marine company one
13 fire boat station on pier 53; and the city of New York department of
14 sanitation water-dependent marine transfer station on pier 99.
15 (c) "Floating structure" means any vessel or other water-supported
16 structure, including a floating dock, which is bordered by either open
17 water or a dock and which is or is intended to be moored or attached to
18 a pier, wharf, dock, platform, bulkhead or floatation system for a peri-
19 od of more than six months; provided however, that such definition shall
20 not include historic ships or vessels, as determined by the trust
21 through rules and regulations. Support by means of a cradle or as a
22 result of natural siltation shall not exclude from this definition a
23 structure normally supported by water.
24 (d) "General project plan" means the Hudson river park concept &
25 financial plan, dated May, 1995, as modified in the May 20, 1998 final
26 environmental impact statement, and any successor plan or statement of
27 findings created thereafter consistent with the state environmental
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16294-03-2
A. 10705 2
1 quality review act; provided that the general project plan shall be
2 consistent with this act.
3 (e) "Hudson river park" or "park" means the area in the city and coun-
4 ty of New York within the following boundaries, but excluding pier 76
5 except as otherwise provided in paragraph (c) of subdivision nine of
6 section seven of this act and piers 78, 88, 90, 92 and 94 and their
7 associated upland areas:
8 (i) the southern boundary shall be the northern [boundary of Battery
9 Place and Battery Place extended, provided that the Battery Park city
10 project area as defined in section 1972 of the public authorities law
11 shall not be included within the boundaries of the park] SEAWALL OF
12 BATTERY PARK CITY AS EXTENDED EASTERLY TO THE WESTERN BOUNDARY OF THE
13 ROUTE 9A BIKEWAY;
14 (ii) the northern boundary shall be the northern boundary of 59th
15 street and 59th street extended;
16 (iii) the western boundary shall be the United States pierhead line;
17 and
18 (iv) the eastern boundary shall be the western boundary of West
19 street, eleventh avenue or twelfth avenue (whichever boundary is more
20 westerly at any point); provided that as any portion of the state high-
21 way route 9-A is completed, as certified by the commissioner of trans-
22 portation of the state, the eastern boundary of the park adjacent to
23 that portion shall be the western boundary of state highway route 9-A;
24 provided that the department of transportation shall retain a temporary
25 easement over all lands east of the bulkhead during the period of
26 construction of route 9-A for the sole purpose of completing
27 construction; and provided further that (A) Thomas F. Smith Park as will
28 be rebuilt as part of the route 9-A project, (B) the area bounded by
29 14th street, 15th street, tenth avenue and route 9-A, and (C) any addi-
30 tional land adjacent to the park or adjacent to route 9-A acquired in
31 accordance with the provisions of this act to expand the park shall be
32 part of the park; and provided further that any pier or upland area
33 which is privately owned shall not be deemed part of the park for
34 purposes of this act unless transferred to or acquired by the city or
35 state and made part of the park.
36 (f) "Incompatible governmental use" means a governmental use within
37 the park that is not a compatible governmental use or is otherwise
38 incompatible with park use in accordance with the purposes of this act,
39 such as sanitation-truck parking, bus parking, and police impound lots
40 and storage facilities.
41 (g) "Park/commercial use" means a use that is not a prohibited use and
42 is compatible with park use, and that is:
43 (i) a transportation water dependent use, including commercial mari-
44 time and marine ferry terminals;
45 (ii) an entertainment, retail, TELEVISION OR FILM STUDIO, COMMUNITY
46 NON-COMMERCIAL RECREATIONAL SPORTS FACILITIES, or commercial recreation-
47 al use;
48 (iii) limited parking spaces incidental to permitted uses;
49 (iv) solely at piers 59, 60, and 61 and the headhouse (commonly known
50 as "Chelsea Piers") the uses authorized at such piers and headhouse as
51 of the effective date of this act, including, but not limited to, sports
52 and studio facilities; [or]
53 (v) a non-tourism/non-recreation heliport for commercial and emergen-
54 cy transportation use[.];
55 (VI) SOLELY ON THAT PORTION OF PIER 76 THAT IS NOT USED AS PARK USE,
56 PARKING, BUSINESS, PROFESSIONAL OR GOVERNMENTAL OFFICES, RESIDENTIAL,
A. 10705 3
1 HOTEL, SPA AND RELATED ANCILLARY OPERATIONS AND FACILITIES ONLY UPON THE
2 CONDITION THAT SUCH USES ARE IDENTIFIED AND AUTHORIZED IN A MEMORANDUM
3 OF UNDERSTANDING BETWEEN THE GOVERNOR, THE MAYOR OF THE CITY OF NEW
4 YORK, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
5 ASSEMBLY AFTER CONSULTATION WITH THE MEMBERS OF THE ASSEMBLY AND SENATE
6 REPRESENTING THE AREA WHERE PIER 76 IS LOCATED; SUCH MEMORANDUM OF
7 UNDERSTANDING MAY IDENTIFY, DESCRIBE AND LIMIT SPECIFIC USES AND
8 PROJECTS THAT MAY BE CONSIDERED "PARK/COMMERCIAL USE" PURSUANT TO THIS
9 PARAGRAPH AND MAY AUTHORIZE THE TRUST TO ENTER INTO A LEASE, CONCESSION
10 AGREEMENT, LICENSE OR OTHER AGREEMENT RELATED TO USES ON SUCH PIER FOR A
11 TERM OR TERMS THAT ARE COTERMINOUS WITH THE DURATION OF THE TRUST'S
12 MASTER LEASE WITH THE CITY OR STATE; OR
13 (VII) SOLELY AT PIER 40, PARKING, BUSINESS, PROFESSIONAL OR GOVERN-
14 MENTAL OFFICES, A FINE ARTS GALLERY OR STUDIO OWNED OR OPERATED BY THE
15 CITY UNIVERSITY OF NEW YORK AND RELATED ANCILLARY OPERATIONS AND FACILI-
16 TIES ONLY UPON THE CONDITION THAT SUCH USES ARE IDENTIFIED AND AUTHOR-
17 IZED IN A MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNOR, THE MAYOR OF
18 THE CITY OF NEW YORK, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
19 SPEAKER OF THE ASSEMBLY AFTER CONSULTATION WITH THE MEMBERS OF THE
20 ASSEMBLY AND SENATE REPRESENTING THE AREA WHERE PIER 40 IS LOCATED; SUCH
21 MEMORANDUM OF UNDERSTANDING MAY IDENTIFY, DESCRIBE AND LIMIT SPECIFIC
22 USES AND PROJECTS THAT MAY BE CONSIDERED "PARK/COMMERCIAL USE" PURSUANT
23 TO THIS PARAGRAPH AND MAY AUTHORIZE THE TRUST TO ENTER INTO A LEASE,
24 CONCESSION AGREEMENT, LICENSE OR OTHER AGREEMENT RELATED TO USES ON SUCH
25 PIER FOR A TERM OR TERMS UP TO 49 YEARS IN LENGTH.
26 (h) "Park use" means:
27 (i) public park uses, including passive and active public open space
28 uses;
29 (ii) public recreation, AMUSEMENT RIDES and entertainment, including
30 the arts and performing arts, on open spaces;
31 (iii) public recreation, AMUSEMENT RIDES and entertainment, including
32 the arts and performing arts within enclosed structures subject to the
33 limitations on such structures specified in subdivision nine of section
34 seven of this act;
35 (iv) small-scale boating for recreational and educational purposes
36 that enhance park users' access to, and enjoyment of, the water;
37 (v) environmental education and research, including museums subject to
38 the limitations specified in subdivision nine of section seven of this
39 act;
40 (vi) historic or cultural preservation including historic ships and
41 vessels;
42 (vii) wildlife and habitat protection; and
43 (viii) facilities incidental to public access to, and use and enjoy-
44 ment of park uses, such as concession stands, information stands,
45 comfort stations, boathouses, marinas, water taxis, and stands at which
46 bicycles, skates, deck chairs, beach umbrellas, fishing tackle, other
47 sports equipment or other similar products are rented or at which
48 water-taxi tickets or other tourist attraction passes or meals are sold,
49 subject to the limitations on such structures specified in subdivision
50 nine of section seven of this act.
51 Provided that the following shall apply: (A) enclosed structures on
52 piers and other areas designated for park use shall be subject to the
53 limitations on such structures specified in subdivision nine of section
54 seven of this act, (B) in no event shall the following be deemed to
55 constitute a "park use": any amusement park, television or film studio,
56 commercial cinema or other for-profit entertainment facility, or any
A. 10705 4
1 parking facilities (except for temporary spaces for deliveries or as
2 necessary to meet local, state or federal requirements regarding access
3 for disabled persons); [and] (C) AS USED IN THIS SUBDIVISION, "AMUSEMENT
4 RIDES" SHALL MEAN CAROUSELS AND OTHER SMALL SCALE RIDES OWNED BY THE
5 TRUST THAT ARE INTENDED FOR CHILDREN PROVIDED THAT, ANY SUCH "AMUSEMENT
6 RIDES" MUST BE LOCATED WEST OF THE BULKHEAD AND, PROVIDED FURTHER THAT,
7 EXCEPT AT PIER 76, A FERRIS WHEEL OR OTHER OBSERVATION RIDE OR TOURIST
8 ATTRACTION SHALL NOT BE CONSIDERED A "PARK USE"; AND (D) the overall
9 policy within the park shall be to provide free or nominal-cost recre-
10 ational opportunities to the public on a broad basis.
11 (i) "Permitted use" means:
12 (i) park use;
13 (ii) park/commercial use;
14 (iii) compatible governmental use;
15 (iv) uses permitted under any lease, permit, license, or other instru-
16 ment in effect upon the effective date of this act, whether or not a
17 prohibited use under this act, but only pursuant to the terms of the
18 instrument and only for the term thereof or pursuant to any extension
19 according to the terms thereof if, but only if, the option to extend is
20 exercised solely by and is a contractual right of the lessee, permittee,
21 licensee or other contractual user, and subject to the deadlines for the
22 removal or relocation of incompatible governmental uses under subdivi-
23 sion nine of section seven of this act.
24 (j) "Prohibited use" means any of the following uses:
25 (i) residential EXCEPT AT PIER 76 IF RESIDENTIAL USE IS AUTHORIZED AT
26 SUCH PIER BY MEMORANDUM OF UNDERSTANDING PURSUANT TO SUBPARAGRAPH (VI)
27 OF PARAGRAPH (G) OF THIS SECTION;
28 (ii) manufacturing, except in furtherance of and incidental to park
29 uses, PROVIDED THAT AT PIER 57 SMALL SCALE CREATION OF ARTISAN FOODS OR
30 OTHER CRAFT PRODUCTS SHALL NOT BE CONSIDERED MANUFACTURING AND, AT
31 PIERS 40 AND 76, SUCH SMALL SCALE CREATION SHALL NOT BE CONSIDERED MANU-
32 FACTURING IF SUCH SMALL SCALE CREATION IS AUTHORIZED AT SUCH PIERS BY
33 MEMORANDUM OF UNDERSTANDING PURSUANT TO PARAGRAPH (G) OF THIS SECTION;
34 (iii) commercial office and warehousing, except office space inci-
35 dental to a permitted use; PROVIDED THAT COMMERCIAL OFFICE USE SHALL NOT
36 BE CONSIDERED A PROHIBITED USE AT PIERS 40 AND 76 IF COMMERCIAL OFFICE
37 USE IS AUTHORIZED AT SUCH PIERS BY MEMORANDUM OF UNDERSTANDING PURSUANT
38 TO PARAGRAPH (G) OF THIS SECTION;
39 (iv) hotel EXCEPT AT PIER 76 IF HOTEL USE IS AUTHORIZED AT SUCH PIER
40 BY MEMORANDUM OF UNDERSTANDING PURSUANT TO SUBPARAGRAPH (VI) OF PARA-
41 GRAPH (G) OF THIS SECTION;
42 (v) incompatible governmental uses;
43 (vi) casino and riverboat gambling, and the docking of vessels to be
44 used substantially for gambling or for transportation to such a vessel;
45 (vii) any facility for motorized aircraft, including a heliport except
46 a heliport which is defined as a park/commercial use; and
47 (viii) other uses determined by the trust to be incompatible with the
48 purposes of this act.
49 (k) "Hudson river park trust" or "trust" means the public benefit
50 corporation established pursuant to section five of this act.
51 (l) "Water section" means all the area of the park west of the bulk-
52 head line, including the water, lands under water and space above the
53 water, but not including the piers and float bridge as they exist on the
54 effective date of this act.
55 (m) "Water dependent use" excludes any prohibited use and means:
A. 10705 5
1 (i) any use that depends on utilization of resources found in the
2 water section;
3 (ii) recreational activities that depend on access to the water
4 section, such as fishing, boating, swimming in such waters, passive
5 enjoyment of the Hudson river and wildlife protection and viewing;
6 (iii) facilities and incidental structures needed to dock and service
7 boats; and
8 (iv) scientific and educational activities that by their nature
9 require access to marine reserve waters.
10 (n) "Passive and active public open space uses" mean lawns, espla-
11 nades, open pier surfaces, areas for strolling and sitting, picnicking
12 areas and open space areas for sports, exercise and active play includ-
13 ing, playgrounds, ball fields, playing courts, and areas for running,
14 biking and rollerblading and similar recreational activities.
15 S 2. Paragraphs (b), (c), (h) and (i) of subdivision 9 and subdivision
16 11 of section 7 of chapter 592 of the laws of 1998, constituting the
17 Hudson river park act, are amended to read as follows:
18 (b) No less than the equivalent of fifty percent of the footprint of
19 Pier 40 shall be passive and active public open space; provided that up
20 to one hundred percent of this pier may be limited to park use by the
21 general project plan; PROVIDED FURTHER THAT IF A MEMORANDUM OF UNDER-
22 STANDING IS ENTERED INTO PURSUANT TO SUBPARAGRAPH (VII) OF PARAGRAPH (G)
23 OF SECTION THREE OF THIS ACT, THEN NO LESS THAN SIXTY-FIVE PERCENT OF
24 THE PIER FOOTPRINT SHALL BE USED FOR SPORTS EXERCISE AND ACTIVE PLAY,
25 INCLUDING BALL FIELDS, PLAYING COURTS, AND AREAS FOR RUNNING, BIKING,
26 ROLLERBLADING AND SIMILAR RECREATION ACTIVITIES. Notwithstanding any
27 other provision of this act to the contrary, Pier 40 may be used for
28 parking for passenger vehicles with a seating capacity of 10 passengers
29 or less, provided however such use shall be predominantly for long-term
30 parking.
31 (c) [The city of New York shall use best efforts to relocate the tow
32 pound on Pier 76. Subsequent to relocation of the tow pound] ALL INCOM-
33 PATIBLE GOVERNMENTAL USES AT PIER 76, INCLUDING THE TOW POUND AND MOUNT-
34 ED POLICE FACILITY, SHALL BE RELOCATED BY DECEMBER 31, 2015 AFTER WHICH,
35 the city of New York shall convey to the trust a possessory interest in
36 [fifty percent of] Pier 76 for [passive and active public open space use
37 for] a period not to exceed 99 years, provided that [such open space
38 portion of Pier 76] AT LEAST FIFTY PERCENT OF THE PIER FOOTPRINT SHALL
39 BE USED FOR PARK USES THAT ARE LIMITED TO PASSIVE AND ACTIVE OPEN SPACE
40 AND WHICH shall be contiguous to water AND PROVIDED FURTHER THAT THE
41 REMAINING PORTION SHALL BE FOR PARK/COMMERCIAL USE. Upon such convey-
42 ance, [the portion so conveyed will] PIER 76 shall become part of the
43 park [and will be used solely for passive and active public open space
44 uses].
45 (h) On each of the piers identified in paragraph (a) of this subdivi-
46 sion (i) not less than eighty percent of the surface area of each such
47 pier shall be used solely for passive and active public open space uses,
48 or for habitat and wildlife protection in the case of any pier for that
49 purpose, and (ii) not more than ten percent of the surface area of each
50 such pier shall be covered by enclosed structures; [provided that]
51 EXCEPT THAT AN ENCLOSED, ONE-STORY STRUCTURE WITH A COVERAGE LIMITATION
52 OF 12,000 SQUARE FEET THAT IS BUILT FOR USE AS AN ESTUARIUM FACILITY IS
53 PERMITTED at Pier 26, [the coverage limitation shall be fifteen percent
54 and at Pier 64, the existing structures at that pier (or any portions
55 thereof) may be retained for permitted park uses without regard to the
56 requirements of subparagraphs (i) and (ii) of this paragraph] AND THE
A. 10705 6
1 COVERAGE LIMITATION AT PIER 97 SHALL BE NO MORE THAN A TOTAL OF 12,000
2 SQUARE FEET.
3 (i) Consistent with the general project plan, the area of the park
4 east of the bulkhead line shall be used (I) solely for park use and to
5 permit access to permitted uses; provided that this limitation shall not
6 apply to those areas east of the bulkhead line that are occupied by pier
7 headhouses or other pier-related structures at the base of piers 57, 59,
8 60, and 61; OR (II) A COMMERCIAL RECREATIONAL USE ALONG THE UPLAND PARK
9 AREA BETWEEN 29TH AND 34TH STREETS, PROVIDED THAT: (A) ANY SUCH RELATED
10 ENCLOSED STRUCTURE SHALL NOT EXCEED TWO STORIES; (B) ANY SUCH USE AND
11 ANY RELATED ENCLOSED STRUCTURE SHALL NOT EXCEED A MAXIMUM OF TWO HUNDRED
12 FEET IN LENGTH AND SHALL MAINTAIN OPEN VIEW CORRIDORS TO THE HUDSON
13 RIVER FROM STREETS RUNNING TOWARDS AND AWAY FROM THE PARK AND SHALL NOT
14 BE LOCATED WITHIN ANY DESIGNATED VIEW CORRIDORS AS SUCH CORRIDORS ARE
15 DEFINED UNDER THE CITY OF NEW YORK ZONING REQUIREMENTS; AND (C) THIS
16 SUBPARAGRAPH SHALL NOT APPLY AFTER JULY 1, 2024.
17 11. Except as otherwise provided in paragraph (b) of subdivision 3 of
18 this section AND EXCEPT AS OTHERWISE PROVIDED AT PIERS 40 AND 76 BY
19 MEMORANDUM OF UNDERSTANDING PURSUANT TO SUBPARAGRAPHS (VI) AND (VII) OF
20 PARAGRAPH (G) OF SECTION 3 OF THIS ACT, the trust may not enter into a
21 lease, concession agreement, license or other agreement relating to any
22 part of the park for periods in excess of thirty years in total;
23 provided FURTHER that any such agreement for a period in excess of ten
24 years shall be for the purpose of assuring a lessee, licensee, conces-
25 sionaire or other party to an agreement with adequate protection against
26 loss of investments in developing, renovating, improving, furnishing,
27 and equipping properties within the park. Any proposed lease, concession
28 agreement, license or other agreement by the trust for a period in
29 excess of ten years shall constitute a proposed significant action
30 subject to the requirements of subdivision six of this section. The
31 trust shall promulgate rules and regulations governing leases, conces-
32 sion agreements, licenses or other agreements. Such rules and regu-
33 lations shall require the trust to issue a bid prospectus for any leas-
34 es, concession agreements, licenses and other agreements which would
35 provide for a total capital investment in the park of no less than one
36 million dollars over the proposed term of the agreement. The bid pros-
37 pectus submitted to prospective bidders shall contain specific informa-
38 tion concerning the nature of the capital improvements or equipment to
39 be provided by the successful bidder and shall be provided to community
40 boards one, two and four within the borough of Manhattan.
41 S 3. Subdivision 10 of section 7 of chapter 592 of the laws of 1998,
42 constituting the Hudson river park act, is amended by adding a new para-
43 graph (d) to read as follows:
44 (D) THE TRUST MAY FIX, ESTABLISH AND COLLECT FEES UPON OPERATORS OF
45 COMMERCIAL VESSELS, SHIPS, BOATS, FERRIES AND OTHER DEVICES THAT ARE
46 USED FOR TRANSPORTATION WATER DEPENDENT USES FOR EACH PASSENGER THAT
47 EMBARKS OR DISEMBARKS WITHIN THE PARK PROVIDED THAT SUCH FEE SHALL EQUAL
48 ONE DOLLAR PER PASSENGER AND PROVIDED FURTHER THAT SUCH FEE SHALL EQUAL
49 TEN DOLLARS PER PASSENGER OF A CRUISE SHIP AT PIERS 88, 90 AND 92.
50 S 4. Subdivision 3 of section 8 of chapter 592 of the laws of 1998,
51 constituting the Hudson river park act, is amended by adding a new para-
52 graph (e) to read as follows:
53 (E) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION OR ANY PROVISION
54 OF SECTION 382-A OF CHAPTER 190 OF THE LAWS OF 1990 TO THE CONTRARY,
55 PIER 54 MAY BE RECONSTRUCTED OUTSIDE OF ITS HISTORIC FOOTPRINT PROVIDED
56 THAT THE LENGTH OF SUCH PIER DOES NOT EXCEED 700 FEET AND THE TOTAL
A. 10705 7
1 SQUARE FOOTAGE OF SUCH RECONSTRUCTED PIER, EXCLUDING ADJACENT PLATFORM
2 AREAS, DOES NOT EXCEED THE TOTAL SQUARE FOOTAGE OF ITS HISTORIC FOOT-
3 PRINT AND PROVIDED FURTHER THAT SUCH RECONSTRUCTION COMPLIES WITH ALL
4 APPLICABLE FEDERAL, STATE AND CITY LAWS.
5 S 5. Subdivision 1 of section 13 of chapter 592 of the laws of 1998,
6 constituting the Hudson river park act, is amended to read as follows:
7 1. Unless otherwise provided, any person who violates any rule or
8 regulation adopted pursuant to this act, shall be guilty of a violation
9 punishable solely by a fine not to exceed five [hundred] THOUSAND
10 dollars.
11 S 6. Section 14 of chapter 592 of the laws of 1998, constituting the
12 Hudson River park act, is amended by adding a new subdivision 4 to read
13 as follows:
14 4. SHOULD THIS ACT PERMIT THE CONSTRUCTION, OPERATION AND USE OF A
15 HOTEL OR MEETING SPACE WITHIN ANY PORTION OF THE PARK, THE TRUST OR THE
16 CONTRACTOR OR SUB-CONTRACTOR OF SUCH PROJECT SHALL ENTER INTO A VALID
17 AGREEMENT ENFORCEABLE UNDER 29 U.S.C.S 185 WITH EACH LABOR ORGANIZATION
18 THAT IS ACTIVELY ENGAGED IN REPRESENTING OR ATTEMPTING TO REPRESENT
19 HOSPITALITY INDUSTRY WORKERS IN THE STATE. SUCH AGREEMENT SHALL, AT A
20 MINIMUM, PROTECT THE TRUST'S PROPRIETARY INTERESTS BY PROHIBITING THE
21 LABOR ORGANIZATION AND ITS MEMBERS FROM ENGAGING IN PICKETING, WORK
22 STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE WITH THE OPERA-
23 TION OF THE FACILITY OR ASSOCIATED HOSPITALITY OPERATIONS FOR THE DURA-
24 TION OF THE TRUST'S PROPRIETARY INTEREST.
25 S 7. Paragraph 9-b of subdivision a of section 533 of the New York
26 city charter, as amended by local law number 35 of the city of New York
27 for the year 2008, is amended to read as follows:
28 9-b. by agreement with the Hudson river park trust (a public benefit
29 corporation established pursuant to section five of the Hudson river
30 park act, chapter five hundred ninety-two of the laws of nineteen
31 hundred ninety-eight), to enforce the rules and regulations of such
32 trust relating to the use, government and protection of the Hudson river
33 park, created pursuant to section four of such act. In addition to or as
34 an alternative to any of the remedies or penalties provided under any
35 other provision of law, violation of such rules and regulations shall be
36 punishable by a civil penalty of not more than five [hundred] THOUSAND
37 dollars for each violation, which may be recovered in a proceeding
38 before the environmental control board. Such proceeding shall be
39 commenced by a notice of violation returnable before such board. The
40 procedures set forth in section one thousand forty-nine-a of this char-
41 ter applicable to the adjudication by the environmental control board of
42 violations within the jurisdiction of the commissioner shall apply to
43 the adjudication of violations of such rules and regulations by such
44 board and final orders of such board imposing civil penalties for such
45 violations shall constitute judgments that may be entered and enforced
46 as set forth in such section.
47 S 8. Fifteen million dollars of funding for New York Works Infrastruc-
48 ture projects shall be made available to the Hudson River park trust,
49 created pursuant to chapter 592 of the laws of 1998, in state fiscal
50 year 2012-2013 for capital maintenance including bulkhead or pier repair
51 and reconstruction within the Hudson River park that requires immediate
52 maintenance, repair and reconstruction so as to maintain structural
53 soundness, safety and continued use of park infrastructure.
54 S 9. This act shall take effect immediately.
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