NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11231A
SPONSOR: Rules (Gottfried) TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL:
To allow the Hudson Tunnel Project as a permitted use in the Hudson
river park, and to authorize the grant of appropriate real property
interests for such purpose.
SUMMARY OF PROVISIONS:
Section 1: Amends paragraph (b) of section 3 of the Hudson river park
act, adding rail tunnels as a compatible governmental use, to address
the planned Hudson Tunnel Project, and to allow for construction of such
tunnels.
Section 2: Amends paragraph (c) of subdivision 3 of section 7 of the
Hudson river park act to authorize the state of New York to grant an
easement for the Hudson Tunnel Project (defined in this paragraph as
Hudson river rail tunnel) with the approval of the Hudson river park
trust, consistent with a trust lease for such Hudson river rail tunnel.
Section 3: Amends subdivision 11 of section 7 of the Hudson river park
act to expressly allow use of the park for such Hudson river rail
tunnel, to authorize the Hudson river park trust to issue a lease for
such Hudson river rail tunnel coterminous with the trust's lease from
the state of New York, to require the project sponsor to restore open
space uses in the construction staging area, and to allow issuance of
such lease and leases for other compatible governmental uses by the
trust without a bid prospectus.
Section 4: This act shall take effect immediately
JUSTIFICATION:
This bill would amend the Hudson River Park Act to allow a below-grade
right of way through and use of the Hudson River Park for the Hudson
Tunnel Project (the Project), sometimes referred to as the Gateway
Tunnel Project, which is essential to preserve the functionality of
20673397-v5 commuter and intercity rail service between New Jersey and
New York City and along Northeast Corridor passenger rail routes. The
Project is critical to the region's economy.
The Project requires a subsurface right of way across Hudson River Park
(the Park) into New York City, in lands owned by the State of New York
(the State) and leased to the Hudson River Park Trust (the Trust) pursu-
ant to the Hudson River Park Act. The Project is currently undergoing
review pursuant to the National Environmental Policy Act (NEPA).
This bill would amend the Hudson River Park Act to allow this use of the
Park and to allow the State to grant a permanent vested easement,
subject to the approval of the Trust, and the Trust to issue a long-term
lease for the Project. The State agencies with underlying jurisdiction
are the Office of Parks, Recreation and Historic Preservation (the
upland areas) and the Department of Environmental Conservation (the
water section). The Trust is responsible for development and operation
of the Park and would, on behalf of the State under the Act, oversee
construction of the Project in the Park and administer the easement and
lease.
The bill does not require the State or the Trust to grant such rights;
rather, because the granting of such rights would constitute a signif-
icant action affecting the park, the trust would be required to conduct
a public review process pursuant to subdivision 6 of section 7 of the
Act before issuing a lease for the Project. Adoption of this bill would
eliminate a key impediment to the Project and would allow the State and
the Trust to begin review of an easement and lease immediately after
completion of the NEPA process.
The bill would also make certain technical amendments to the Act to
classify rail tunnels as compatible governmental uses under the Act and
to allow issuance of leases for compatible governmental uses by the
trust without a bid prospectus (such as leases for underground utili-
ties). Any proposed new or change to an existing compatible governmental
use that would constitute a significant action affecting the park or the
community would remain subject to the public review process required
pursuant to subdivision 6 of section 7 of the Act.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
