PRIOR PRINTER'S NO. 2731 PRINTER'S NO. 2824
No. 2197 Session of 1991
INTRODUCED BY EVANS, HUGHES, DeWEESE, LINTON AND O'DONNELL,
NOVEMBER 13, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 26, 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
1 the State of New Jersey creating The Delaware River Joint
2 Commission as a body corporate and politic and defining its
3 powers and duties," which was executed on behalf of the
4 Commonwealth of Pennsylvania by its Governor on July first, one
5 thousand nine hundred and thirty-one, and on behalf of the State
6 of New Jersey by the New Jersey Interstate Bridge Commission by
7 its members on July first, one thousand nine hundred and thirty-
8 one, and which was consented to by the Congress of the United
9 States by Public Resolution Number twenty-six, being chapter two
10 hundred fifty-eight of the Public Laws, Seventy-second Congress,
11 approved June fourteenth, one thousand nine hundred and thirty-
12 two, which supplemental compact and agreement shall be in
13 substantially the following form:
14 "Supplemental agreement between the Commonwealth of
15 Pennsylvania and the State of New Jersey further amending and
16 supplementing the agreement entitled 'Agreement between the
17 Commonwealth of Pennsylvania and the State of New Jersey
18 creating The Delaware River Joint Commission as a body corporate
19 and politic and defining its powers and duties,' authorizing the
20 acquisition or construction of railroads and other facilities
21 and further providing for the appointment of commissioners and
22 for the powers and duties of the commission."
23 The Commonwealth of Pennsylvania and the State of New Jersey
24 do hereby solemnly covenant and agree, each with the other, as
25 follows:
26 (1) Article I of the compact or agreement entitled
27 'Agreement between the Commonwealth of Pennsylvania and the
28 State of New Jersey creating The Delaware River Joint Commission
29 as a body corporate and politic and defining its powers and
30 duties,' which was executed on behalf of the Commonwealth of
19910H2197B2824 - 2 -
1 Pennsylvania by its Governor on July first, one thousand nine
2 hundred and thirty-one, and on behalf of the State of New Jersey
3 by the New Jersey Interstate Bridge Commission by its members on
4 July first, one thousand nine hundred and thirty-one, and which
5 was consented to by the Congress of the United States by Public
6 Resolution Number twenty-six, being chapter two hundred fifty-
7 eight of the Public Laws, Seventy-second Congress, approved June
8 fourteenth, one thousand nine hundred and thirty-two, as
9 heretofore amended and supplemented, is amended to read as
10 follows:
11 ARTICLE I
12 The body corporate and politic, heretofore created and known
13 as The Delaware River Joint Commission, hereby is continued
14 under the name of The Delaware River Port Authority (hereinafter
15 in this agreement called the 'commission'), which shall
16 constitute the public corporate instrumentality of the
17 Commonwealth of Pennsylvania and the State of New Jersey for the
18 following public purposes, and which shall be deemed to be
19 exercising an essential governmental function in effectuating
20 such purposes, to wit:
21 (a) The operation and maintenance of the bridge, owned
22 jointly by the two States, across the Delaware River between the
23 City of Philadelphia in the Commonwealth of Pennsylvania and the
24 City of Camden in the State of New Jersey, including its
25 approaches, and the making of additions and improvements
26 thereto.
27 (b) The effectuation, establishment, construction,
28 acquisition, operation and maintenance of railroad or other
29 facilities for the transportation of passengers across any
30 bridge or tunnel owned or controlled by the commission,
19910H2197B2824 - 3 -
1 including extensions of such railroad or other facilities
2 [within the City of Camden and the City of Philadelphia]
3 necessary for efficient operation in the Port District.
4 (c) The improvement and development of the Port District for
5 port purposes by or through the acquisition, construction,
6 maintenance or operation of any and all projects for the
7 improvement and development of the Port District for port
8 purposes, or directly related thereto, either directly by
9 purchase, lease or contract, or by lease or agreement with any
10 other public or private body or corporation, or in any other
11 manner.
12 (d) Cooperation with all other bodies interested or
13 concerned with, or affected by the promotion, development or use
14 of the Delaware River and the Port District.
15 (e) The procurement from the Government of the United States
16 of any consents which may be requisite to enable any project
17 within its powers to be carried forward.
18 (f) The construction, acquisition, operation and maintenance
19 of other bridges and tunnels across or under the Delaware River,
20 between the City of Philadelphia or the County of Delaware in
21 the Commonwealth of Pennsylvania, and the State of New Jersey,
22 including approaches, and the making of additions and
23 improvements thereto.
24 (g) The promotion as a highway of commerce of the Delaware
25 River, and the promotion of increased passenger and freight
26 commerce on the Delaware River and for such purpose the
27 publication of literature and the adoption of any other means as
28 may be deemed appropriate.
29 (h) To study and make recommendations to the proper
30 authorities for the improvement of terminal, lighterage,
19910H2197B2824 - 4 -
1 wharfage, warehouse and other facilities necessary for the
2 promotion of commerce on the Delaware River.
3 (i) Institution through its counsel, or such other counsel
4 as it shall designate, or intervention in, any litigation
5 involving rates, preferences, rebates or other matters vital to
6 the interest of the Port District: Provided, That notice of any
7 such institution of or intervention in litigation shall be given
8 promptly to the Attorney General of the Commonwealth of
9 Pennsylvania and to the Attorney General of the State of New
10 Jersey, and provision for such notices shall be made in a
11 resolution authorizing any such intervention or litigation and
12 shall be incorporated in the minutes of the commission.
13 (j) The establishment, maintenance, rehabilitation,
14 construction and operation of a rapid transit system for the
15 transportation of passengers, express, mail, and baggage, or any
16 of them, between points in New Jersey within the Port District
17 and [within a thirty-five (35) mile radius of the City of
18 Camden, New Jersey, and points within the City of Philadelphia,
19 Pennsylvania] points in Pennsylvania within the Port District,
20 and intermediate points. Such system may be established either
21 by utilizing existing rapid transit systems, railroad
22 facilities, highways and bridges within the territory involved
23 [and] or by the construction or provision of new facilities
24 where deemed necessary, and may be established either directly
25 by purchase, lease or contract, or by lease or agreement with
26 any other public or private body or corporation, or in any other
27 manner.
28 (k) The performance of such other functions which may be of
29 mutual benefit to the Commonwealth of Pennsylvania and the State
30 of New Jersey insofar as concerns the promotion and development
19910H2197B2824 - 5 -
1 of the Port District for port purposes and the use of its
2 facilities by commercial vessels.
3 (l) The performance or effectuation of such additional
4 bridge, tunnel, railroad, rapid transit, transportation,
5 transportation facility, terminal, terminal facility, and port
6 improvement and development purposes within the Port District as
7 may hereafter be delegated to or imposed upon it by the action
8 of either State concurred in by legislation of the other.
9 (m) The unification of the ports of the Delaware river
10 through (i) the acquisition or taking control of any terminal,
11 terminal facility, TRANSPORTATION FACILITY or marine terminal or <--
12 port facility or associated property within the Port District
13 through purchase, lease or otherwise, or by the acquisition,
14 merger, becoming the successor to or entering into contracts,
15 agreements or partnerships with any other port corporation, port
16 authority or port related entity which is located within the
17 Port District, all in accordance with the applicable laws of the
18 state in which the facility corporation or authority is located;
19 (ii) the exercise of the other powers granted by this compact;
20 or (iii) the establishment (whether solely or jointly with any
21 other entity or entities) of such subsidiary corporation or
22 corporations or maritime or port advisory committees as may be
23 necessary to desirable to effectuate this purpose.
24 (n) The planning, financing, development, acquisition,
25 construction, purchase, lease, maintenance, marketing,
26 improvement and operation of any project, including, but not
27 limited to, any terminal, terminal facility, transportation
28 facility, or any other facility of commerce or economic
29 development activity; from funds available after appropriate
30 allocation for maintenance of bridge and other capital
19910H2197B2824 - 6 -
1 facilities.
2 Section 2. Article II of the agreement, as heretofore
3 amended or supplemented, is amended to read:
4 ARTICLE II
5 The commission shall consist of sixteen commissioners, eight
6 resident voters of the Commonwealth of Pennsylvania, and eight
7 resident voters of the State of New Jersey, who shall serve
8 without compensation.
9 [The present members of the commission, including ex-officio
10 members, shall continue to serve, respectively, as
11 commissioners, until the expiration of their terms or the terms
12 of office by virtue of the holding of which they are members of
13 the commission and until succeeding commissioners shall be
14 appointed and qualify, except that the terms of the present
15 members of the commission for the Commonwealth of Pennsylvania
16 shall expire as of the date of the coming into force of the
17 supplemental compact or agreement authorized by the Act of the
18 1951 General Assembly of said Commonwealth providing for
19 amendment of this Article.]
20 [The] Six of the eight commissioners for the State of New <--
21 Jersey shall be appointed by the Governor of New Jersey with the
22 advice and consent of the Senate of New Jersey in the manner <--
23 determined by law of the State of New Jersey, for terms of five
24 years, and in case of a vacancy occurring in the office of
25 commissioner during a recess of the Legislature, it may be
26 filled by the Governor by an ad interim appointment, which shall
27 expire at the end of the next regular session of the Senate
28 unless a successor shall be sooner appointed and qualify and,
29 after the end of the session, no ad interim appointment to the
30 same vacancy shall be made unless the Governor shall have
19910H2197B2824 - 7 -
1 submitted to the Senate a nomination to the office during the
2 session and the Senate shall have adjourned without confirming
3 or rejecting it; and no person nominated for any such vacancy
4 shall be eligible for an ad interim appointment to such office
5 if the nomination shall have failed of confirmation by the
6 Senate. The Commissioner of Transportation and the Commissioner <--
7 of Commerce, Energy and Economic Development shall ex-officio be
8 commissioners for the State of New Jersey, each having the
9 privilege of appointing a representative to serve in the
10 commissioner's place at any meeting of the commission which the
11 commissioner does not attend personally. They shall take their
12 respective offices upon the expirations most immediately
13 occurring of the terms of the two respective commissioners in
14 office on the date of the coming into force of the supplemental
15 compact or agreement authorized by this 1991 amendatory act,
16 except that if the terms of such commissioners shall have
17 expired they shall take office immediately.
18 Six of the eight commissioners for the Commonwealth of
19 Pennsylvania shall be appointed by the Governor of Pennsylvania
20 for terms of five years. The Auditor General and the State
21 Treasurer of said Commonwealth shall, ex-officio, be
22 commissioners for said Commonwealth, each having the privilege
23 of appointing a representative to serve in his place at any
24 meeting of the commission which he does not attend personally.
25 ANY COMMISSIONER WHO IS AN ELECTED PUBLIC OFFICIAL SHALL HAVE <--
26 THE PRIVILEGE OF APPOINTING A REPRESENTATIVE TO SERVE AND ACT IN
27 HIS PLACE AT ANY MEETING OF THE COMMISSION WHICH HE DOES NOT
28 ATTEND PERSONALLY.
29 All commissioners shall continue to hold office after the
30 expiration of the terms for which they are appointed or elected
19910H2197B2824 - 8 -
1 until their respective successors are appointed and qualify, but
2 no period during which any commissioner shall hold over shall be
3 deemed to be an extension of his term of office for the purpose
4 of computing the date on which his successor's term expires.
5 Section 3. Article III of the agreement is amended to read:
6 ARTICLE III
7 The commissioners shall have charge of the commission's
8 property and affairs, and shall, for the purpose of doing
9 business, constitute a board, but no action of the commissioners
10 shall be binding unless a majority of the members of the
11 commission from Pennsylvania and a majority of the members of
12 the commission from New Jersey shall vote in favor thereof.
13 Notwithstanding the above, each state reserves the right to
14 provide by law for the exercise of a veto power by the Governor
15 of that state over any action of any commissioner from that
16 state at any time within ten days (Saturdays, Sundays and public
17 holidays in the particular state except) after receipt at the
18 Governor's office of a certified copy of the minutes of the
19 meeting at which such vote was taken. Each state may provide by
20 law for the manner of delivery of such minutes, and for
21 notification of the action thereon.
22 Section 4. Article IV of the agreement, as heretofore
23 amended and supplemented, is amended to read:
24 ARTICLE IV
25 For the effectuation of its authorized purposes, the
26 commission is hereby granted the following powers:
27 (a) To have perpetual succession;
28 (b) To sue and be sued;
29 (c) To adopt and use an official seal;
30 (d) To elect a chairman, vice-chairman, secretary and
19910H2197B2824 - 9 -
1 treasurer, and to adopt suitable by-laws for the management of
2 its affairs. The secretary and treasurer need not be members of
3 the commission.
4 (e) To appoint, hire or employ counsel and such other
5 officers, and such agents and employes, as it may require for
6 the performance of its duties, by contract or otherwise, and fix
7 and determine their qualifications, duties and compensation;
8 (f) To enter into contracts;
9 (g) To acquire, own, hire, use, operate and dispose of
10 personal property;
11 (h) To acquire, own, use, lease, operate, mortgage and
12 dispose of real property and interests in real property, and to
13 make improvements thereon;
14 (h.1) At its option, it may authorize the Department of
15 Property and Supplies to prescribe standards and specifications
16 and make contracts and purchases of various materials and
17 services for the commission, pursuant to the provisions of
18 sections 2403, 2403.1 and 2409 of the act of April 9, 1929
19 (P.L.177), known as "The Administrative Code of 1929."
20 (i) To grant by franchise, lease or otherwise, the use of
21 any property or facility owned or controlled by the commission
22 and to make charges therefor;
23 (j) To borrow money upon its bonds or other obligations,
24 either with or without security, and to make, enter into and
25 perform any and all such covenants and agreements with the
26 holders of such bonds or other obligations as the commission may
27 determine to be necessary or desirable for the security and
28 payment thereof, including, without limitation of the foregoing,
29 covenants and agreements as to the management and operation of
30 any property or facility owned or controlled by it, the tolls,
19910H2197B2824 - 10 -
1 rents, rates or other charges to be established, levied, made
2 and collected for any use of any such property or facility, or
3 the application, use and disposition of the proceeds of any
4 bonds or other obligations of the commission, or the proceeds of
5 any such tolls, rents, rates or other charges or any other
6 revenues or moneys of the commission;
7 (k) To exercise the right of eminent domain within the Port
8 District;
9 (l) To determine the exact location, system and character
10 of, and all other matters in connection with, any and all
11 improvements or facilities which it may be authorized to own,
12 construct, establish, effectuate, operate or control;
13 (m) In addition to the foregoing, to exercise the powers,
14 duties, authority and jurisdiction heretofore conferred and
15 imposed upon the aforesaid The Delaware River Joint Commission
16 by the Commonwealth of Pennsylvania or the State of New Jersey,
17 or both of the said two States;
18 (n) To exercise all other powers, not inconsistent with the
19 constitutions of the two States or of the United States, which
20 may be reasonably necessary or incidental to the effectuation of
21 its authorized purposes or to the exercise of any of the
22 foregoing powers, except the power to levy taxes or assessments;
23 and generally to exercise, in connection with its property and
24 affairs and in connection with property within its control, any
25 and all powers which might be exercised by a natural person or a
26 private corporation in connection with similar property and
27 affairs;
28 (o) To acquire, purchase, construct, lease, operate,
29 maintain and undertake any project, including any terminal,
30 terminal facility, transportation facility, or any other
19910H2197B2824 - 11 -
1 facility of commerce, and to make charges for the use thereof;
2 (p) To make expenditures anywhere in the United States and
3 foreign countries, to pay commissions, and hire or contract with
4 experts [and] or consultants, and otherwise to do indirectly
5 anything which the commission may do directly.
6 (q) To establish one or more operating divisions as deemed
7 necessary to exercise the power and effectuate the purposes of
8 this agreement.
9 The commission shall also have such additional powers as may
10 hereafter be delegated to or imposed upon it from time to time
11 by the action of either State concurred in by legislation of the
12 other.
13 It is the policy and intent of the Legislatures of the
14 Commonwealth of Pennsylvania and the State of New Jersey that
15 the powers granted by this Article shall be so exercised that
16 the American system of free competitive private enterprise is
17 given full consideration and is maintained and furthered. In
18 making its reports and recommendations to the Legislatures of
19 the Commonwealth of Pennsylvania and the State of New Jersey on
20 the need for any facility or project which the commission
21 believes should be undertaken for the promotion and development
22 of the Port District, the commission shall include therein its
23 findings which fully set forth that the facility or facilities
24 operated by private enterprise within the Port District and
25 which it is intended shall be supplanted or added to are not
26 adequate. the facility or facilities operated by private
27 enterprise within the Port District and which it is intended
28 shall be supplanted or added to are not adequate.
29 Section 5. Article XII of the agreement, as heretofore
30 amended and supplemented, is amended to read:
19910H2197B2824 - 12 -
1 ARTICLE XII
2 [The commission shall make annual reports to the Governors
3 and Legislatures of the Commonwealth of Pennsylvania and the
4 State of New Jersey, setting forth in detail its operations and
5 transactions, and may make such additional reports, from time to
6 time, to the Governors and Legislatures as it may deem
7 desirable. Copies thereof shall be available for public
8 information and use.
9 Whenever the commission, after investigation and study, shall
10 have concluded plans, with estimates of cost, and means of
11 financing for any new project, for a purpose other than any
12 described in Article I, subdivisions (b) or (j) hereof, for
13 transportation across or under the Delaware River within the
14 Port District, or improvement of the Delaware River's port
15 facilities, the Commission shall make to the Legislatures of
16 each State a detailed report, dealing only with the contemplated
17 project, and shall request of said Legislatures authority to
18 proceed with the project described; and it shall not be within
19 the power of the commission to construct, erect or otherwise
20 acquire any new facility or project, for a purpose other than
21 any described in Article I, subdivisions (b) or (j) hereof,
22 unless and until the Legislatures of both States shall have
23 authorized the commission to proceed with the project outlined
24 in its special report thereon.]
25 The commission shall, within ninety days after the end of
26 each fiscal year, submit to the Governors and Legislatures of
27 the Commonwealth of Pennsylvania and the State of New Jersey a
28 complete and detailed report of the following:
29 (1) its operations and accomplishments during the completed
30 fiscal year;
19910H2197B2824 - 13 -
1 (2) its receipts and disbursements or revenues and expenses
2 during that year in accordance with the categories and
3 classifications established by the commission for its own
4 operating and capital outlay purposes;
5 (3) its assets and liabilities at the end of the fiscal
6 year, including the status or reserve, depreciation, special or
7 other funds including debits and credits of these funds;
8 (4) a schedule of bonds and notes outstanding at the end of
9 the fiscal year;
10 (5) a list of all contracts exceeding $100,000 entered into
11 during the fiscal year;
12 (6) a business or strategic plan for the commission and for
13 each of its operating divisions; and
14 (7) a five year capital plan.
15 Not less than once every five years the commission shall
16 cause a management audit of its operational effectiveness and
17 efficiency to be conducted by an independent consulting firm
18 selected by the commission. The first management audit to be
19 conducted shall commence within three years of the date of
20 coming into force of the supplemental compact or agreement
21 authorized by this 1991 amendatory act. This audit is in
22 addition to any other audit which the commission determines to
23 conduct from time to time.
24 The commission shall, not later than two years after the date
25 of the coming into force of the supplemental compact or
26 agreement authorized by this 1991 amendatory act, prepare a
27 comprehensive master plan for the development of the Port
28 District. The plan shall include, but not be limited to, plans
29 for the construction, financing, development, reconstruction,
30 purchase, lease, improvement and operation of any terminal,
19910H2197B2824 - 14 -
1 terminal facility, transportation facility or any other facility
2 of commerce or economic development activity. The master plan
3 shall include the general location of such projects and
4 facilities as may be included in the master plan and shall to
5 the maximum extent practicable include, but not be limited to, a
6 general description of each such projects and facilities, the
7 land use requirements necessary therefor, and estimates of
8 project costs and of a schedule for commencement of each such
9 project. Prior to adopting such master plan, the commission
10 shall give written notice to, afford a reasonable opportunity
11 for comment, consult with and consider any recommendations from
12 State, county and municipal government, as well as commissions,
13 public corporations and authorities, and the private sector.
14 Prior to the implementation of an approved master plan or any <--
15 amendment to an approved master plan, the commission shall
16 submit that master plan or any amendment thereto to the General
17 Assembly of the Commonwealth of Pennsylvania and the Legislature
18 of the State of New Jersey for review. Within ninety days of
19 submission and subject to gubernatorial review, the respective
20 legislatures shall approve or disapprove in its entirety any
21 master plan or amendment thereto by means of a concurrent
22 resolution. The failure of any legislature to act within the
23 ninety days shall constitute approval of the master plan or
24 amendment thereto. The disapproval of the master plan or any
25 amendment thereto by any legislature shall require the
26 commission to revise and reevaluate the plan for further
27 consideration at a later date. The commission may modify or
28 change any part of the plan in the same form and manner as
29 provided for the adoption of the original plan. At the time the
30 commission authorizes any project or facility, the commission
19910H2197B2824 - 15 -
1 shall promptly provide to the Governor and Legislature of each
2 state a detailed report on the project including its status
3 within the master plan. The commission shall include within the
4 authorization a status of the project or facility in the master
5 plan and any amendment thereof, and no project shall be
6 authorized if not included in the master plan or amendment
7 thereof. Any project which has been commenced and approved by
8 the commission prior to the adoption of the master plan shall be
9 included, for informational purposes only, in the master plan.
10 The commission shall provide notice of such on-going projects to
11 those State, county and municipal governments, as well as
12 entities in the private sector who would be entitled to such
13 notice had the project not been commenced in anticipation of
14 adopting the master plan, but there shall be not requirement
15 that the project be delayed or deferred due to those provisions.
16 In addition to other powers conferred upon it, and not in
17 limitation thereof, the commission may acquire all right, title
18 and interest in and to the Tacony-Palmyra Bridge, across the
19 Delaware River at Palmyra, New Jersey, together with any
20 approaches and interests in real property necessary thereto. The
21 acquisition of such bridge, approaches and interests by the
22 commission shall be by purchase or by condemnation in accordance
23 with the provisions of the Federal law consenting to or
24 authorizing the construction of such bridge [and] or approaches,
25 or the acquisition of such bridge, approaches or interests by
26 the commission shall be pursuant to and in accordance with the
27 provisions of sections 48:5-22 and 48:5-23 of the Revised
28 Statutes of New Jersey, and for all the purposes of said
29 provisions and sections the commission is hereby appointed as
30 the agency of the State of New Jersey and the Commonwealth of
19910H2197B2824 - 16 -
1 Pennsylvania exercising the rights and powers granted or
2 reserved by said Federal law or sections to the State of New
3 Jersey and Commonwealth of Pennsylvania jointly or to the State
4 of New Jersey acting in conjunction with the Commonwealth of
5 Pennsylvania. The commission shall have authority to so acquire
6 such bridge, approaches and interests, whether the same be
7 owned, held, operated or maintained by any private person, firm,
8 partnership, company, association or corporation or by any
9 instrumentality, public body, commission, public agency or
10 political subdivision (including any county or municipality) of,
11 or created by or in, the State of New Jersey or the Commonwealth
12 of Pennsylvania, or by any instrumentality, public body,
13 commission or public agency of, or created by or in, a political
14 subdivision (including any county or municipality) of the State
15 of New Jersey or the Commonwealth of Pennsylvania. None of the
16 provisions of the preceding paragraph shall be applicable with
17 respect to the acquisition by the commission, pursuant to this
18 paragraph, of said Tacony-Palmyra Bridge, approaches and
19 interests. The power and authority herein granted to the
20 commission to acquire said Tacony-Palmyra Bridge, approaches and
21 interests shall not be exercised unless and until the Governor
22 of the State of New Jersey and the Governor of the Commonwealth
23 of Pennsylvania have filed with the commission their written
24 consents to such acquisition.
25 [It shall not be within the power of the commission to
26 construct, erect, or otherwise acquire any new facility or
27 project for a purpose described in Article I, subdivision (j)
28 hereof, unless and until the commission shall have made to the
29 Legislature and Governor of the State of New Jersey and to the
30 Legislature and Governor of the Commonwealth of Pennsylvania a
19910H2197B2824 - 17 -
1 detailed report dealing only with such contemplated facility or
2 project, and the Governor of said State and the Governor of said
3 Commonwealth shall have filed with the commission their written
4 consents to such construction, erection or acquisition.]
5 Notwithstanding any provision of this agreement, nothing
6 herein contained shall be construed to limit or impair any right
7 or power granted or to be granted to the Pennsylvania Turnpike
8 Commission or the New Jersey Turnpike Authority, to finance,
9 construct, operate and maintain the Pennsylvania Turnpike System
10 or any turnpike project of the New Jersey Turnpike Authority,
11 respectively, throughout the Port District, including the right
12 and power, acting alone or in conjunction with each other, to
13 provide for the financing, construction, operation and
14 maintenance of one bridge across the Delaware River south of the
15 City of Trenton in the State of New Jersey: Provided, That such
16 bridge shall not be constructed within a distance of ten miles,
17 measured along the boundary line between the Commonwealth of
18 Pennsylvania and the State of New Jersey, from the existing
19 bridge, operated and maintained by the commission, across the
20 Delaware River between the City of Philadelphia in the
21 Commonwealth of Pennsylvania and the City of Camden in the State
22 of New Jersey, so long as there are any outstanding bonds or
23 other securities or obligations of the commission for which the
24 tolls, rents, rates, or other revenues, or any part thereof, of
25 said existing bridge shall have been pledged. Nothing contained
26 in this agreement shall be construed to authorize the commission
27 to condemn any such bridge.
28 Anything herein contained to the contrary notwithstanding, no
29 bridge or tunnel shall be constructed, acquired, operated or
30 maintained by the commission across or under the Delaware River
19910H2197B2824 - 18 -
1 north of the boundary line between Bucks County and Philadelphia
2 County in the Commonwealth of Pennsylvania as extended across
3 the Delaware River to the New Jersey shore of said river, and
4 any new bridge or tunnel authorized by or pursuant to this
5 compact or agreement to be constructed or erected by the
6 commission may be constructed or erected at any location south
7 of said boundary line notwithstanding the terms and provisions
8 of any other agreement between the Commonwealth of Pennsylvania
9 and the State of New Jersey. Except as may hereafter be
10 otherwise provided in conformity with Article IX hereof with
11 respect to specific properties designated by action of the
12 Legislatures of both of the signatory States, no property or
13 facility owned or controlled by the commission shall be acquired
14 from it by any exercise of powers of condemnation or eminent
15 domain.
16 Section 6. Article XIII of the agreement, as heretofore
17 amended and supplemented, is amended to read:
18 ARTICLE XIII
19 As used herein, unless a different meaning clearly appears
20 from the context:
21 "Port District" shall mean all the territory within the
22 counties of Bucks, Chester, Delaware, Montgomery and
23 Philadelphia in Pennsylvania, in all the territory within the
24 counties of Atlantic, Burlington, Camden, Cape May, Cumberland,
25 Glouster, Ocean and Salem in New Jersey.
26 "Commission" shall mean The Delaware River Port Authority
27 and, when required by the context, the board constituting the
28 governing body thereof in charge of its property and affairs.
29 "Commissioner" shall mean a member of the governing body of
30 The Delaware River Port Authority.
19910H2197B2824 - 19 -
1 "Economic development activity" or "economic development"
2 means any structure of facility or any development within the
3 Port District in connection with manufacturing, port-oriented
4 development, foreign trade zone site development or research,
5 commercial, industrial, or recreational purposes, or for
6 purposes of warehousing or consumer and supporting services
7 directly relating to any of the foregoing or to any authority
8 project or facility which are required for the sound economic
9 development of the Port District.
10 "Terminal" shall include any marine, motor truck, motorbus,
11 railroad and air terminal or garage, also any coal, grain and
12 lumber terminal and any union freight and other terminals used
13 or to be used in connection with the transportation of
14 passengers and freight, and equipment, materials and supplies
15 therefor.
16 "Transportation facility" and "facilities for transportation
17 of passengers" shall include railroads operated by steam,
18 electricity or other power, rapid transit lines, motor trucks,
19 motorbuses, tunnels, bridges, airports, boats, ferries,
20 carfloats, lighters, tugs, floating elevators, barges, scows, or
21 harbor craft of any kind, and aircraft, and equipment, materials
22 and supplies therefor.
23 "Terminal facility" shall include wharves, piers, slips,
24 berths, ferries, docks, drydocks, ship repair yards, bulkheads,
25 dock walls, basins, carfloats, floatbridges, dredging equipment,
26 radio receiving and sending stations, grain or other storage
27 elevators, warehouses, cold storage, tracks, yards, sheds,
28 switches, connections, overhead appliances, bunker coal, oil and
29 fresh water stations, markets, and every kind of terminal,
30 storage or supply facility now in use, or hereafter designed for
19910H2197B2824 - 20 -
1 use to facilitate passenger transportation and for the handling,
2 storage, loading or unloading of freight at terminals, and
3 equipment, materials and supplies therefor.
4 "Transportation of passengers" and "passenger transportation"
5 shall mean the transportation of passengers by railroad or other
6 facilities.
7 "Rapid transit system" shall mean a transit system for the
8 transportation of passengers, express, mail and baggage by
9 railroad or other facilities, and equipment, materials and
10 supplies therefor.
11 "Project" shall mean any improvement, betterment, facility or
12 structure authorized by or pursuant to this compact or agreement
13 to be constructed, erected, acquired, owned or controlled or
14 otherwise undertaken by the commission. "Project" shall not
15 include undertakings for purposes described in Article I,
16 subdivisions [(a),] (d), (e), (g), (h) and (i).
17 "Railroad" shall include railways, extensions thereof,
18 tunnels, subways, bridges, elevated structures, tracks, poles,
19 wires, conduits, powerhouses, substations, lines for the
20 transmission of power, carbarns, shops, yards, sidings,
21 turnouts, switches, stations and approaches thereto, cars and
22 motive equipment.
23 "Bridge" and "tunnel" shall include such approach highways
24 and interests in real property necessary therefor in the
25 Commonwealth of Pennsylvania or the State of New Jersey as may
26 be determined by the commission to be necessary to facilitate
27 the flow of traffic in the vicinity of a bridge or tunnel or to
28 connect a bridge or tunnel with the highway system or other
29 traffic facilities in said Commonwealth or said State: Provided,
30 however, That the power and authority herein granted to the
19910H2197B2824 - 21 -
1 commission to construct new or additional approach highways
2 shall not be exercised unless and until the Department of
3 [Highways] Transportation of the Commonwealth of Pennsylvania
4 shall have filed with the commission its written approval as to
5 approach highways to be located in said Commonwealth and the
6 State Highway Department of the State of New Jersey shall have
7 filed with the commission its written approval as to approach
8 highways to be located in said State.
9 "Facility" shall include all works, buildings, structures,
10 property, appliances, and equipment, together with appurtenances
11 necessary and convenient for the proper construction, equipment,
12 maintenance and operation of a facility or facilities or any one
13 or more of them.
14 "Personal property" shall include choses in action and all
15 other property now commonly, or legally, defined as personal
16 property, or which may hereafter be so defined.
17 "Lease" shall include rent or hire.
18 "Municipality" shall include a county, city, borough,
19 village, township, town, public agency, public authority or
20 political subdivision.
21 Words importing the singular number include the plural number
22 and vice versa.
23 Wherever legislation or action by the Legislature of either
24 signatory State is herein referred to, it shall mean an act of
25 the Legislature duly adopted in accordance with the provisions
26 of the Constitution of such State.
27 Section 7. The Governor is hereby authorized to apply, on
28 behalf on the Commonwealth of Pennsylvania, to the Congress of
29 the United States for its consent and approval to the aforesaid
30 supplemental compact or agreement; but in the absence of such
19910H2197B2824 - 22 -
1 consent and approval, The Commission referred to in such
2 supplemental compact or agreement shall have all of the powers
3 which the Commonwealth of Pennsylvania and the State of New
4 Jersey may confer upon it without the consent and approval of
5 Congress.
6 Section 8. This act shall take effect immediately; but the
7 Governor shall not enter into any supplemental compact or
8 agreement hereunder until the State of New Jersey shall have
9 passed a substantially similar act embodying the agreement
10 between the two States herein set forth.
K13L36RZ/19910H2197B2824 - 23 -