PRINTER'S NO. 2731
No. 2197 Session of 1991
INTRODUCED BY EVANS, HUGHES, DeWEESE, LINTON AND O'DONNELL,
NOVEMBER 13, 1991
REFERRED TO COMMITTEE ON APPROPRIATIONS, NOVEMBER 13, 1991
A SUPPLEMENT
1 To the act of June 12, 1931 (P.L.575, No.200), entitled "An act
2 providing for joint action by Pennsylvania and New Jersey in
3 the development of the ports on the lower Delaware River, and
4 the improvement of the facilities for transportation across
5 the river; authorizing the Governor, for these purposes, to
6 enter into an agreement with New Jersey; creating The
7 Delaware River Joint Commission and specifying the powers and
8 duties thereof, including the power to finance projects by
9 the issuance of revenue bonds; transferring to the new
10 commission all the powers of the Delaware River Bridge Joint
11 Commission; and making an appropriation," authorizing the
12 acquisition or construction of a railroad or other
13 facilities; expanding the Port District within Pennsylvania;
14 and further providing for the appointment of commissioner and
15 for the powers and duties of the commission.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The Governor is hereby authorized to enter into a
19 supplemental compact or agreement, on behalf of the Commonwealth
20 of Pennsylvania, with the State of New Jersey, further amending
21 and supplementing the compact or agreement between the
22 Commonwealth of Pennsylvania and the State of New Jersey
23 entitled "Agreement between the Commonwealth of Pennsylvania and
24 the State of New Jersey creating The Delaware River Joint
1 Commission as a body corporate and politic and defining its
2 powers and duties," which was executed on behalf of the
3 Commonwealth of Pennsylvania by its Governor on July first, one
4 thousand nine hundred and thirty-one, and on behalf of the State
5 of New Jersey by the New Jersey Interstate Bridge Commission by
6 its members on July first, one thousand nine hundred and thirty-
7 one, and which was consented to by the Congress of the United
8 States by Public Resolution Number twenty-six, being chapter two
9 hundred fifty-eight of the Public Laws, Seventy-second Congress,
10 approved June fourteenth, one thousand nine hundred and thirty-
11 two, which supplemental compact and agreement shall be in
12 substantially the following form:
13 "Supplemental agreement between the Commonwealth of
14 Pennsylvania and the State of New Jersey further amending and
15 supplementing the agreement entitled 'Agreement between the
16 Commonwealth of Pennsylvania and the State of New Jersey
17 creating The Delaware River Joint Commission as a body corporate
18 and politic and defining its powers and duties,' authorizing the
19 acquisition or construction of railroads and other facilities
20 and further providing for the appointment of commissioners and
21 for the powers and duties of the commission."
22 The Commonwealth of Pennsylvania and the State of New Jersey
23 do hereby solemnly covenant and agree, each with the other, as
24 follows:
25 (1) Article I of the compact or agreement entitled
26 'Agreement between the Commonwealth of Pennsylvania and the
27 State of New Jersey creating The Delaware River Joint Commission
28 as a body corporate and politic and defining its powers and
29 duties,' which was executed on behalf of the Commonwealth of
30 Pennsylvania by its Governor on July first, one thousand nine
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1 hundred and thirty-one, and on behalf of the State of New Jersey
2 by the New Jersey Interstate Bridge Commission by its members on
3 July first, one thousand nine hundred and thirty-one, and which
4 was consented to by the Congress of the United States by Public
5 Resolution Number twenty-six, being chapter two hundred fifty-
6 eight of the Public Laws, Seventy-second Congress, approved June
7 fourteenth, one thousand nine hundred and thirty-two, as
8 heretofore amended and supplemented, is amended to read as
9 follows:
10 ARTICLE I
11 The body corporate and politic, heretofore created and known
12 as The Delaware River Joint Commission, hereby is continued
13 under the name of The Delaware River Port Authority (hereinafter
14 in this agreement called the 'commission'), which shall
15 constitute the public corporate instrumentality of the
16 Commonwealth of Pennsylvania and the State of New Jersey for the
17 following public purposes, and which shall be deemed to be
18 exercising an essential governmental function in effectuating
19 such purposes, to wit:
20 (a) The operation and maintenance of the bridge, owned
21 jointly by the two States, across the Delaware River between the
22 City of Philadelphia in the Commonwealth of Pennsylvania and the
23 City of Camden in the State of New Jersey, including its
24 approaches, and the making of additions and improvements
25 thereto.
26 (b) The effectuation, establishment, construction,
27 acquisition, operation and maintenance of railroad or other
28 facilities for the transportation of passengers across any
29 bridge or tunnel owned or controlled by the commission,
30 including extensions of such railroad or other facilities
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1 [within the City of Camden and the City of Philadelphia]
2 necessary for efficient operation in the Port District.
3 (c) The improvement and development of the Port District for
4 port purposes by or through the acquisition, construction,
5 maintenance or operation of any and all projects for the
6 improvement and development of the Port District for port
7 purposes, or directly related thereto, either directly by
8 purchase, lease or contract, or by lease or agreement with any
9 other public or private body or corporation, or in any other
10 manner.
11 (d) Cooperation with all other bodies interested or
12 concerned with, or affected by the promotion, development or use
13 of the Delaware River and the Port District.
14 (e) The procurement from the Government of the United States
15 of any consents which may be requisite to enable any project
16 within its powers to be carried forward.
17 (f) The construction, acquisition, operation and maintenance
18 of other bridges and tunnels across or under the Delaware River,
19 between the City of Philadelphia or the County of Delaware in
20 the Commonwealth of Pennsylvania, and the State of New Jersey,
21 including approaches, and the making of additions and
22 improvements thereto.
23 (g) The promotion as a highway of commerce of the Delaware
24 River, and the promotion of increased passenger and freight
25 commerce on the Delaware River and for such purpose the
26 publication of literature and the adoption of any other means as
27 may be deemed appropriate.
28 (h) To study and make recommendations to the proper
29 authorities for the improvement of terminal, lighterage,
30 wharfage, warehouse and other facilities necessary for the
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1 promotion of commerce on the Delaware River.
2 (i) Institution through its counsel, or such other counsel
3 as it shall designate, or intervention in, any litigation
4 involving rates, preferences, rebates or other matters vital to
5 the interest of the Port District: Provided, That notice of any
6 such institution of or intervention in litigation shall be given
7 promptly to the Attorney General of the Commonwealth of
8 Pennsylvania and to the Attorney General of the State of New
9 Jersey, and provision for such notices shall be made in a
10 resolution authorizing any such intervention or litigation and
11 shall be incorporated in the minutes of the commission.
12 (j) The establishment, maintenance, rehabilitation,
13 construction and operation of a rapid transit system for the
14 transportation of passengers, express, mail, and baggage, or any
15 of them, between points in New Jersey within the Port District
16 and [within a thirty-five (35) mile radius of the City of
17 Camden, New Jersey, and points within the City of Philadelphia,
18 Pennsylvania] points in Pennsylvania within the Port District,
19 and intermediate points. Such system may be established either
20 by utilizing existing rapid transit systems, railroad
21 facilities, highways and bridges within the territory involved
22 [and] or by the construction or provision of new facilities
23 where deemed necessary, and may be established either directly
24 by purchase, lease or contract, or by lease or agreement with
25 any other public or private body or corporation, or in any other
26 manner.
27 (k) The performance of such other functions which may be of
28 mutual benefit to the Commonwealth of Pennsylvania and the State
29 of New Jersey insofar as concerns the promotion and development
30 of the Port District for port purposes and the use of its
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1 facilities by commercial vessels.
2 (l) The performance or effectuation of such additional
3 bridge, tunnel, railroad, rapid transit, transportation,
4 transportation facility, terminal, terminal facility, and port
5 improvement and development purposes within the Port District as
6 may hereafter be delegated to or imposed upon it by the action
7 of either State concurred in by legislation of the other.
8 (m) The unification of the ports of the Delaware river
9 through (i) the acquisition or taking control of any terminal,
10 terminal facility or marine terminal or port facility or
11 associated property within the Port District through purchase,
12 lease or otherwise, or by the acquisition, merger, becoming the
13 successor to or entering into contracts, agreements or
14 partnerships with any other port corporation, port authority or
15 port related entity which is located within the Port District,
16 all in accordance with the applicable laws of the state in which
17 the facility corporation or authority is located; (ii) the
18 exercise of the other powers granted by this compact; or (iii)
19 the establishment (whether solely or jointly with any other
20 entity or entities) of such subsidiary corporation or
21 corporations or maritime or port advisory committees as may be
22 necessary to desirable to effectuate this purpose.
23 (n) The planning, financing, development, acquisition,
24 construction, purchase, lease, maintenance, marketing,
25 improvement and operation of any project, including, but not
26 limited to, any terminal, terminal facility, transportation
27 facility, or any other facility of commerce or economic
28 development activity; from funds available after appropriate
29 allocation for maintenance of bridge and other capital
30 facilities.
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1 Section 2. Article II of the agreement, as heretofore
2 amended or supplemented, is amended to read:
3 ARTICLE II
4 The commission shall consist of sixteen commissioners, eight
5 resident voters of the Commonwealth of Pennsylvania, and eight
6 resident voters of the State of New Jersey, who shall serve
7 without compensation.
8 [The present members of the commission, including ex-officio
9 members, shall continue to serve, respectively, as
10 commissioners, until the expiration of their terms or the terms
11 of office by virtue of the holding of which they are members of
12 the commission and until succeeding commissioners shall be
13 appointed and qualify, except that the terms of the present
14 members of the commission for the Commonwealth of Pennsylvania
15 shall expire as of the date of the coming into force of the
16 supplemental compact or agreement authorized by the Act of the
17 1951 General Assembly of said Commonwealth providing for
18 amendment of this Article.]
19 [The] Six of the eight commissioners for the State of New
20 Jersey shall be appointed by the Governor of New Jersey with the
21 advice and consent of the Senate of New Jersey in the manner
22 determined by law of the State of New Jersey, for terms of five
23 years, and in case of a vacancy occurring in the office of
24 commissioner during a recess of the Legislature, it may be
25 filled by the Governor by an ad interim appointment, which shall
26 expire at the end of the next regular session of the Senate
27 unless a successor shall be sooner appointed and qualify and,
28 after the end of the session, no ad interim appointment to the
29 same vacancy shall be made unless the Governor shall have
30 submitted to the Senate a nomination to the office during the
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1 session and the Senate shall have adjourned without confirming
2 or rejecting it; and no person nominated for any such vacancy
3 shall be eligible for an ad interim appointment to such office
4 if the nomination shall have failed of confirmation by the
5 Senate. The Commissioner of Transportation and the Commissioner
6 of Commerce, Energy and Economic Development shall ex-officio be
7 commissioners for the State of New Jersey, each having the
8 privilege of appointing a representative to serve in the
9 commissioner's place at any meeting of the commission which the
10 commissioner does not attend personally. They shall take their
11 respective offices upon the expirations most immediately
12 occurring of the terms of the two respective commissioners in
13 office on the date of the coming into force of the supplemental
14 compact or agreement authorized by this 1991 amendatory act,
15 except that if the terms of such commissioners shall have
16 expired they shall take office immediately.
17 Six of the eight commissioners for the Commonwealth of
18 Pennsylvania shall be appointed by the Governor of Pennsylvania
19 for terms of five years. The Auditor General and the State
20 Treasurer of said Commonwealth shall, ex-officio, be
21 commissioners for said Commonwealth, each having the privilege
22 of appointing a representative to serve in his place at any
23 meeting of the commission which he does not attend personally.
24 All commissioners shall continue to hold office after the
25 expiration of the terms for which they are appointed or elected
26 until their respective successors are appointed and qualify, but
27 no period during which any commissioner shall hold over shall be
28 deemed to be an extension of his term of office for the purpose
29 of computing the date on which his successor's term expires.
30 Section 3. Article III of the agreement is amended to read:
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1 ARTICLE III
2 The commissioners shall have charge of the commission's
3 property and affairs, and shall, for the purpose of doing
4 business, constitute a board, but no action of the commissioners
5 shall be binding unless a majority of the members of the
6 commission from Pennsylvania and a majority of the members of
7 the commission from New Jersey shall vote in favor thereof.
8 Notwithstanding the above, each state reserves the right to
9 provide by law for the exercise of a veto power by the Governor
10 of that state over any action of any commissioner from that
11 state at any time within ten days (Saturdays, Sundays and public
12 holidays in the particular state except) after receipt at the
13 Governor's office of a certified copy of the minutes of the
14 meeting at which such vote was taken. Each state may provide by
15 law for the manner of delivery of such minutes, and for
16 notification of the action thereon.
17 Section 4. Article IV of the agreement, as heretofore
18 amended and supplemented, is amended to read:
19 ARTICLE IV
20 For the effectuation of its authorized purposes, the
21 commission is hereby granted the following powers:
22 (a) To have perpetual succession;
23 (b) To sue and be sued;
24 (c) To adopt and use an official seal;
25 (d) To elect a chairman, vice-chairman, secretary and
26 treasurer, and to adopt suitable by-laws for the management of
27 its affairs. The secretary and treasurer need not be members of
28 the commission.
29 (e) To appoint, hire or employ counsel and such other
30 officers, and such agents and employes, as it may require for
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1 the performance of its duties, by contract or otherwise, and fix
2 and determine their qualifications, duties and compensation;
3 (f) To enter into contracts;
4 (g) To acquire, own, hire, use, operate and dispose of
5 personal property;
6 (h) To acquire, own, use, lease, operate, mortgage and
7 dispose of real property and interests in real property, and to
8 make improvements thereon;
9 (h.1) At its option, it may authorize the Department of
10 Property and Supplies to prescribe standards and specifications
11 and make contracts and purchases of various materials and
12 services for the commission, pursuant to the provisions of
13 sections 2403, 2403.1 and 2409 of the act of April 9, 1929
14 (P.L.177), known as "The Administrative Code of 1929."
15 (i) To grant by franchise, lease or otherwise, the use of
16 any property or facility owned or controlled by the commission
17 and to make charges therefor;
18 (j) To borrow money upon its bonds or other obligations,
19 either with or without security, and to make, enter into and
20 perform any and all such covenants and agreements with the
21 holders of such bonds or other obligations as the commission may
22 determine to be necessary or desirable for the security and
23 payment thereof, including, without limitation of the foregoing,
24 covenants and agreements as to the management and operation of
25 any property or facility owned or controlled by it, the tolls,
26 rents, rates or other charges to be established, levied, made
27 and collected for any use of any such property or facility, or
28 the application, use and disposition of the proceeds of any
29 bonds or other obligations of the commission, or the proceeds of
30 any such tolls, rents, rates or other charges or any other
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1 revenues or moneys of the commission;
2 (k) To exercise the right of eminent domain within the Port
3 District;
4 (l) To determine the exact location, system and character
5 of, and all other matters in connection with, any and all
6 improvements or facilities which it may be authorized to own,
7 construct, establish, effectuate, operate or control;
8 (m) In addition to the foregoing, to exercise the powers,
9 duties, authority and jurisdiction heretofore conferred and
10 imposed upon the aforesaid The Delaware River Joint Commission
11 by the Commonwealth of Pennsylvania or the State of New Jersey,
12 or both of the said two States;
13 (n) To exercise all other powers, not inconsistent with the
14 constitutions of the two States or of the United States, which
15 may be reasonably necessary or incidental to the effectuation of
16 its authorized purposes or to the exercise of any of the
17 foregoing powers, except the power to levy taxes or assessments;
18 and generally to exercise, in connection with its property and
19 affairs and in connection with property within its control, any
20 and all powers which might be exercised by a natural person or a
21 private corporation in connection with similar property and
22 affairs;
23 (o) To acquire, purchase, construct, lease, operate,
24 maintain and undertake any project, including any terminal,
25 terminal facility, transportation facility, or any other
26 facility of commerce, and to make charges for the use thereof;
27 (p) To make expenditures anywhere in the United States and
28 foreign countries, to pay commissions, and hire or contract with
29 experts [and] or consultants, and otherwise to do indirectly
30 anything which the commission may do directly.
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1 (q) To establish one or more operating divisions as deemed
2 necessary to exercise the power and effectuate the purposes of
3 this agreement.
4 The commission shall also have such additional powers as may
5 hereafter be delegated to or imposed upon it from time to time
6 by the action of either State concurred in by legislation of the
7 other.
8 It is the policy and intent of the Legislatures of the
9 Commonwealth of Pennsylvania and the State of New Jersey that
10 the powers granted by this Article shall be so exercised that
11 the American system of free competitive private enterprise is
12 given full consideration and is maintained and furthered. In
13 making its reports and recommendations to the Legislatures of
14 the Commonwealth of Pennsylvania and the State of New Jersey on
15 the need for any facility or project which the commission
16 believes should be undertaken for the promotion and development
17 of the Port District, the commission shall include therein its
18 findings which fully set forth that the facility or facilities
19 operated by private enterprise within the Port District and
20 which it is intended shall be supplanted or added to are not
21 adequate. the facility or facilities operated by private
22 enterprise within the Port District and which it is intended
23 shall be supplanted or added to are not adequate.
24 Section 5. Article XII of the agreement, as heretofore
25 amended and supplemented, is amended to read:
26 ARTICLE XII
27 [The commission shall make annual reports to the Governors
28 and Legislatures of the Commonwealth of Pennsylvania and the
29 State of New Jersey, setting forth in detail its operations and
30 transactions, and may make such additional reports, from time to
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1 time, to the Governors and Legislatures as it may deem
2 desirable. Copies thereof shall be available for public
3 information and use.
4 Whenever the commission, after investigation and study, shall
5 have concluded plans, with estimates of cost, and means of
6 financing for any new project, for a purpose other than any
7 described in Article I, subdivisions (b) or (j) hereof, for
8 transportation across or under the Delaware River within the
9 Port District, or improvement of the Delaware River's port
10 facilities, the Commission shall make to the Legislatures of
11 each State a detailed report, dealing only with the contemplated
12 project, and shall request of said Legislatures authority to
13 proceed with the project described; and it shall not be within
14 the power of the commission to construct, erect or otherwise
15 acquire any new facility or project, for a purpose other than
16 any described in Article I, subdivisions (b) or (j) hereof,
17 unless and until the Legislatures of both States shall have
18 authorized the commission to proceed with the project outlined
19 in its special report thereon.]
20 The commission shall, within ninety days after the end of
21 each fiscal year, submit to the Governors and Legislatures of
22 the Commonwealth of Pennsylvania and the State of New Jersey a
23 complete and detailed report of the following:
24 (1) its operations and accomplishments during the completed
25 fiscal year;
26 (2) its receipts and disbursements or revenues and expenses
27 during that year in accordance with the categories and
28 classifications established by the commission for its own
29 operating and capital outlay purposes;
30 (3) its assets and liabilities at the end of the fiscal
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1 year, including the status or reserve, depreciation, special or
2 other funds including debits and credits of these funds;
3 (4) a schedule of bonds and notes outstanding at the end of
4 the fiscal year;
5 (5) a list of all contracts exceeding $100,000 entered into
6 during the fiscal year;
7 (6) a business or strategic plan for the commission and for
8 each of its operating divisions; and
9 (7) a five year capital plan.
10 Not less than once every five years the commission shall
11 cause a management audit of its operational effectiveness and
12 efficiency to be conducted by an independent consulting firm
13 selected by the commission. The first management audit to be
14 conducted shall commence within three years of the date of
15 coming into force of the supplemental compact or agreement
16 authorized by this 1991 amendatory act. This audit is in
17 addition to any other audit which the commission determines to
18 conduct from time to time.
19 The commission shall, not later than two years after the date
20 of the coming into force of the supplemental compact or
21 agreement authorized by this 1991 amendatory act, prepare a
22 comprehensive master plan for the development of the Port
23 District. The plan shall include, but not be limited to, plans
24 for the construction, financing, development, reconstruction,
25 purchase, lease, improvement and operation of any terminal,
26 terminal facility, transportation facility or any other facility
27 of commerce or economic development activity. The master plan
28 shall include the general location of such projects and
29 facilities as may be included in the master plan and shall to
30 the maximum extent practicable include, but not be limited to, a
19910H2197B2731 - 14 -
1 general description of each such projects and facilities, the
2 land use requirements necessary therefor, and estimates of
3 project costs and of a schedule for commencement of each such
4 project. Prior to adopting such master plan, the commission
5 shall give written notice to, afford a reasonable opportunity
6 for comment, consult with and consider any recommendations from
7 State, county and municipal government, as well as commissions,
8 public corporations and authorities, and the private sector.
9 Prior to the implementation of an approved master plan or any
10 amendment to an approved master plan, the commission shall
11 submit that master plan or any amendment thereto to the General
12 Assembly of the Commonwealth of Pennsylvania and the Legislature
13 of the State of New Jersey for review. Within ninety days of
14 submission and subject to gubernatorial review, the respective
15 legislatures shall approve or disapprove in its entirety any
16 master plan or amendment thereto by means of a concurrent
17 resolution. The failure of any legislature to act within the
18 ninety days shall constitute approval of the master plan or
19 amendment thereto. The disapproval of the master plan or any
20 amendment thereto by any legislature shall require the
21 commission to revise and reevaluate the plan for further
22 consideration at a later date. The commission may modify or
23 change any part of the plan in the same form and manner as
24 provided for the adoption of the original plan. At the time the
25 commission authorizes any project or facility, the commission
26 shall promptly provide to the Governor and Legislature of each
27 state a detailed report on the project including its status
28 within the master plan. The commission shall include within the
29 authorization a status of the project or facility in the master
30 plan and any amendment thereof, and no project shall be
19910H2197B2731 - 15 -
1 authorized if not included in the master plan or amendment
2 thereof. Any project which has been commenced and approved by
3 the commission prior to the adoption of the master plan shall be
4 included, for informational purposes only, in the master plan.
5 The commission shall provide notice of such on-going projects to
6 those State, county and municipal governments, as well as
7 entities in the private sector who would be entitled to such
8 notice had the project not been commenced in anticipation of
9 adopting the master plan, but there shall be not requirement
10 that the project be delayed or deferred due to those provisions.
11 In addition to other powers conferred upon it, and not in
12 limitation thereof, the commission may acquire all right, title
13 and interest in and to the Tacony-Palmyra Bridge, across the
14 Delaware River at Palmyra, New Jersey, together with any
15 approaches and interests in real property necessary thereto. The
16 acquisition of such bridge, approaches and interests by the
17 commission shall be by purchase or by condemnation in accordance
18 with the provisions of the Federal law consenting to or
19 authorizing the construction of such bridge [and] or approaches,
20 or the acquisition of such bridge, approaches or interests by
21 the commission shall be pursuant to and in accordance with the
22 provisions of sections 48:5-22 and 48:5-23 of the Revised
23 Statutes of New Jersey, and for all the purposes of said
24 provisions and sections the commission is hereby appointed as
25 the agency of the State of New Jersey and the Commonwealth of
26 Pennsylvania exercising the rights and powers granted or
27 reserved by said Federal law or sections to the State of New
28 Jersey and Commonwealth of Pennsylvania jointly or to the State
29 of New Jersey acting in conjunction with the Commonwealth of
30 Pennsylvania. The commission shall have authority to so acquire
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1 such bridge, approaches and interests, whether the same be
2 owned, held, operated or maintained by any private person, firm,
3 partnership, company, association or corporation or by any
4 instrumentality, public body, commission, public agency or
5 political subdivision (including any county or municipality) of,
6 or created by or in, the State of New Jersey or the Commonwealth
7 of Pennsylvania, or by any instrumentality, public body,
8 commission or public agency of, or created by or in, a political
9 subdivision (including any county or municipality) of the State
10 of New Jersey or the Commonwealth of Pennsylvania. None of the
11 provisions of the preceding paragraph shall be applicable with
12 respect to the acquisition by the commission, pursuant to this
13 paragraph, of said Tacony-Palmyra Bridge, approaches and
14 interests. The power and authority herein granted to the
15 commission to acquire said Tacony-Palmyra Bridge, approaches and
16 interests shall not be exercised unless and until the Governor
17 of the State of New Jersey and the Governor of the Commonwealth
18 of Pennsylvania have filed with the commission their written
19 consents to such acquisition.
20 [It shall not be within the power of the commission to
21 construct, erect, or otherwise acquire any new facility or
22 project for a purpose described in Article I, subdivision (j)
23 hereof, unless and until the commission shall have made to the
24 Legislature and Governor of the State of New Jersey and to the
25 Legislature and Governor of the Commonwealth of Pennsylvania a
26 detailed report dealing only with such contemplated facility or
27 project, and the Governor of said State and the Governor of said
28 Commonwealth shall have filed with the commission their written
29 consents to such construction, erection or acquisition.]
30 Notwithstanding any provision of this agreement, nothing
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1 herein contained shall be construed to limit or impair any right
2 or power granted or to be granted to the Pennsylvania Turnpike
3 Commission or the New Jersey Turnpike Authority, to finance,
4 construct, operate and maintain the Pennsylvania Turnpike System
5 or any turnpike project of the New Jersey Turnpike Authority,
6 respectively, throughout the Port District, including the right
7 and power, acting alone or in conjunction with each other, to
8 provide for the financing, construction, operation and
9 maintenance of one bridge across the Delaware River south of the
10 City of Trenton in the State of New Jersey: Provided, That such
11 bridge shall not be constructed within a distance of ten miles,
12 measured along the boundary line between the Commonwealth of
13 Pennsylvania and the State of New Jersey, from the existing
14 bridge, operated and maintained by the commission, across the
15 Delaware River between the City of Philadelphia in the
16 Commonwealth of Pennsylvania and the City of Camden in the State
17 of New Jersey, so long as there are any outstanding bonds or
18 other securities or obligations of the commission for which the
19 tolls, rents, rates, or other revenues, or any part thereof, of
20 said existing bridge shall have been pledged. Nothing contained
21 in this agreement shall be construed to authorize the commission
22 to condemn any such bridge.
23 Anything herein contained to the contrary notwithstanding, no
24 bridge or tunnel shall be constructed, acquired, operated or
25 maintained by the commission across or under the Delaware River
26 north of the boundary line between Bucks County and Philadelphia
27 County in the Commonwealth of Pennsylvania as extended across
28 the Delaware River to the New Jersey shore of said river, and
29 any new bridge or tunnel authorized by or pursuant to this
30 compact or agreement to be constructed or erected by the
19910H2197B2731 - 18 -
1 commission may be constructed or erected at any location south
2 of said boundary line notwithstanding the terms and provisions
3 of any other agreement between the Commonwealth of Pennsylvania
4 and the State of New Jersey. Except as may hereafter be
5 otherwise provided in conformity with Article IX hereof with
6 respect to specific properties designated by action of the
7 Legislatures of both of the signatory States, no property or
8 facility owned or controlled by the commission shall be acquired
9 from it by any exercise of powers of condemnation or eminent
10 domain.
11 Section 6. Article XIII of the agreement, as heretofore
12 amended and supplemented, is amended to read:
13 ARTICLE XIII
14 As used herein, unless a different meaning clearly appears
15 from the context:
16 "Port District" shall mean all the territory within the
17 counties of Bucks, Chester, Delaware, Montgomery and
18 Philadelphia in Pennsylvania, in all the territory within the
19 counties of Atlantic, Burlington, Camden, Cape May, Cumberland,
20 Glouster, Ocean and Salem in New Jersey.
21 "Commission" shall mean The Delaware River Port Authority
22 and, when required by the context, the board constituting the
23 governing body thereof in charge of its property and affairs.
24 "Commissioner" shall mean a member of the governing body of
25 The Delaware River Port Authority.
26 "Economic development activity" or "economic development"
27 means any structure of facility or any development within the
28 Port District in connection with manufacturing, port-oriented
29 development, foreign trade zone site development or research,
30 commercial, industrial, or recreational purposes, or for
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1 purposes of warehousing or consumer and supporting services
2 directly relating to any of the foregoing or to any authority
3 project or facility which are required for the sound economic
4 development of the Port District.
5 "Terminal" shall include any marine, motor truck, motorbus,
6 railroad and air terminal or garage, also any coal, grain and
7 lumber terminal and any union freight and other terminals used
8 or to be used in connection with the transportation of
9 passengers and freight, and equipment, materials and supplies
10 therefor.
11 "Transportation facility" and "facilities for transportation
12 of passengers" shall include railroads operated by steam,
13 electricity or other power, rapid transit lines, motor trucks,
14 motorbuses, tunnels, bridges, airports, boats, ferries,
15 carfloats, lighters, tugs, floating elevators, barges, scows, or
16 harbor craft of any kind, and aircraft, and equipment, materials
17 and supplies therefor.
18 "Terminal facility" shall include wharves, piers, slips,
19 berths, ferries, docks, drydocks, ship repair yards, bulkheads,
20 dock walls, basins, carfloats, floatbridges, dredging equipment,
21 radio receiving and sending stations, grain or other storage
22 elevators, warehouses, cold storage, tracks, yards, sheds,
23 switches, connections, overhead appliances, bunker coal, oil and
24 fresh water stations, markets, and every kind of terminal,
25 storage or supply facility now in use, or hereafter designed for
26 use to facilitate passenger transportation and for the handling,
27 storage, loading or unloading of freight at terminals, and
28 equipment, materials and supplies therefor.
29 "Transportation of passengers" and "passenger transportation"
30 shall mean the transportation of passengers by railroad or other
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1 facilities.
2 "Rapid transit system" shall mean a transit system for the
3 transportation of passengers, express, mail and baggage by
4 railroad or other facilities, and equipment, materials and
5 supplies therefor.
6 "Project" shall mean any improvement, betterment, facility or
7 structure authorized by or pursuant to this compact or agreement
8 to be constructed, erected, acquired, owned or controlled or
9 otherwise undertaken by the commission. "Project" shall not
10 include undertakings for purposes described in Article I,
11 subdivisions [(a),] (d), (e), (g), (h) and (i).
12 "Railroad" shall include railways, extensions thereof,
13 tunnels, subways, bridges, elevated structures, tracks, poles,
14 wires, conduits, powerhouses, substations, lines for the
15 transmission of power, carbarns, shops, yards, sidings,
16 turnouts, switches, stations and approaches thereto, cars and
17 motive equipment.
18 "Bridge" and "tunnel" shall include such approach highways
19 and interests in real property necessary therefor in the
20 Commonwealth of Pennsylvania or the State of New Jersey as may
21 be determined by the commission to be necessary to facilitate
22 the flow of traffic in the vicinity of a bridge or tunnel or to
23 connect a bridge or tunnel with the highway system or other
24 traffic facilities in said Commonwealth or said State: Provided,
25 however, That the power and authority herein granted to the
26 commission to construct new or additional approach highways
27 shall not be exercised unless and until the Department of
28 [Highways] Transportation of the Commonwealth of Pennsylvania
29 shall have filed with the commission its written approval as to
30 approach highways to be located in said Commonwealth and the
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1 State Highway Department of the State of New Jersey shall have
2 filed with the commission its written approval as to approach
3 highways to be located in said State.
4 "Facility" shall include all works, buildings, structures,
5 property, appliances, and equipment, together with appurtenances
6 necessary and convenient for the proper construction, equipment,
7 maintenance and operation of a facility or facilities or any one
8 or more of them.
9 "Personal property" shall include choses in action and all
10 other property now commonly, or legally, defined as personal
11 property, or which may hereafter be so defined.
12 "Lease" shall include rent or hire.
13 "Municipality" shall include a county, city, borough,
14 village, township, town, public agency, public authority or
15 political subdivision.
16 Words importing the singular number include the plural number
17 and vice versa.
18 Wherever legislation or action by the Legislature of either
19 signatory State is herein referred to, it shall mean an act of
20 the Legislature duly adopted in accordance with the provisions
21 of the Constitution of such State.
22 Section 7. The Governor is hereby authorized to apply, on
23 behalf on the Commonwealth of Pennsylvania, to the Congress of
24 the United States for its consent and approval to the aforesaid
25 supplemental compact or agreement; but in the absence of such
26 consent and approval, The Commission referred to in such
27 supplemental compact or agreement shall have all of the powers
28 which the Commonwealth of Pennsylvania and the State of New
29 Jersey may confer upon it without the consent and approval of
30 Congress.
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1 Section 8. This act shall take effect immediately; but the
2 Governor shall not enter into any supplemental compact or
3 agreement hereunder until the State of New Jersey shall have
4 passed a substantially similar act embodying the agreement
5 between the two States herein set forth.
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