THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, ORIE, O'PAKE, PICCOLA, EARLL, WARD, EICHELBERGER, FOLMER AND ALLOWAY, APRIL 23, 2009

REFERRED TO TRANSPORTATION, APRIL 23, 2009  

A SUPPLEMENT

To the act of June 12, 1931 (P.L.575, No.200), entitled "An act

providing for joint action by Pennsylvania and New Jersey in

the development of the ports on the lower Delaware River, and

the improvement of the facilities for transportation across

the river; authorizing the Governor, for these purposes, to

enter into an agreement with New Jersey; creating The

Delaware River Joint Commission and specifying the powers and

duties thereof, including the power to finance projects by

the issuance of revenue bonds; transferring to the new

commission all the powers of the Delaware River Bridge Joint

Commission; and making an appropriation," further providing

for purposes of commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The Governor is hereby authorized to enter into a

supplemental compact or agreement, on behalf of the Commonwealth

of Pennsylvania, with the State of New Jersey, further amending

and supplementing the compact or agreement between the

Commonwealth of Pennsylvania and the State of New Jersey

entitled "Agreement between the Commonwealth of Pennsylvania and

the State of New Jersey creating The Delaware River Joint

Commission as a body corporate and politic and defining its

powers and duties," which was executed on behalf of the

Commonwealth of Pennsylvania by its Governor on July first, one

thousand nine hundred and thirty-one, and on behalf of the State

of New Jersey by the New Jersey Interstate Bridge Commission by

its members on July first, one thousand nine hundred and thirty-

nine, and which was consented to by the Congress of the United

States by Public Resolution Number twenty-six, being chapter two

hundred fifty-eight of the Public Laws, Seventy-second Congress,

approved June fourteenth, one thousand nine hundred and thirty-

two, which supplemental compact and agreement shall be in

substantially the following form:

Supplemental agreement between the Commonwealth of

Pennsylvania and the State of New Jersey further amending and

supplementing the agreement entitled "Agreement between the

Commonwealth of Pennsylvania and the State of New Jersey

creating The Delaware River Joint Commission as a body corporate

and politic and defining its powers and duties," further

providing for purposes of commission.

The Commonwealth of Pennsylvania and the State of New Jersey

do hereby solemnly covenant and agree, each with the other, as

follows:

(1)  Article I of the compact or agreement entitled

"Agreement between the Commonwealth of Pennsylvania and the

State of New Jersey creating The Delaware River Joint Commission

as a body corporate and politic and defining its powers and

duties," which was executed on behalf of the Commonwealth of

Pennsylvania by its Governor on July first, one thousand nine

hundred and thirty-one, and on behalf of the State of New Jersey

by the New Jersey Interstate Bridge Commission by its members on

July first, one thousand nine hundred and thirty-one, and which

was consented to by the Congress of the United States by Public

Resolution Number twenty-six, being chapter two hundred fifty-

eight of the Public Laws, Seventy-second Congress, approved June

fourteenth, one thousand nine hundred and thirty-two, amended

April 3, 1992(P.L.57, No.19), is amended to read:

ARTICLE I

The body corporate and politic, heretofore created and known

as The Delaware River Joint Commission, hereby is continued

under the name of The Delaware River Port Authority (hereinafter

in this agreement called the "commission"), which shall

constitute the public corporate instrumentality of the

Commonwealth of Pennsylvania and the State of New Jersey for the

following public purposes, and which shall be deemed to be

exercising an essential governmental function in effectuating

such purposes, to wit:

(a)  The operation and maintenance of the bridge, owned

jointly by the two States, across the Delaware River between the

City of Philadelphia in the Commonwealth of Pennsylvania and the

City of Camden in the State of New Jersey, including its

approaches, and the making of additions and improvements hereto.

(b)  The effectuation, establishment, construction,

acquisition, operation and maintenance of railroad or other

facilities for the transportation of passengers across any

bridge or tunnel owned or controlled by the commission,

including extensions of such railroad or other facilities

necessary for efficient operation in the Port District.

(c)  The improvement and development of the Port District for

port purposes by or through the acquisition, construction,

maintenance or operation of any and all projects for the

improvement and development of the Port District for port

purposes, or directly related thereto, either directly by

purchase, lease or contract, or by lease or agreement with any

other public or private body or corporation, or in any other

manner.

(d)  Cooperation with all other bodies interested or

concerned with, or affected by the promotion, development or use

of the Delaware River and the Port District.

(e)  The procurement from the Government of the United States

of any consents which may be requisite to enable any project

within its powers to be carried forward.

(f)  The construction, acquisition, operation and maintenance

of other bridges and tunnels across or under the Delaware River,

between the City of Philadelphia or the County of Delaware in

the Commonwealth of Pennsylvania, and the State of New Jersey,

including approaches, and the making of additions and

improvements thereto.

(g)  The promotion as a highway of commerce of the Delaware

River, and the promotion of increased passenger and freight

commerce on the Delaware River and for such purpose the

publication of literature and the adoption of any other means as

may be deemed appropriate.

(h)  To study and make recommendations to the proper

authorities for the improvement of terminal, lighterage,

wharfage, warehouse and other facilities necessary for the

promotion of commerce on the Delaware River. 

(i)  Institution through its counsel, or such other counsel

as it shall designate, or intervention in, any litigation

involving rates, preferences, rebates or other matters vital to

the interest of the Port District: Provided, That notice of any

such institution of or intervention in litigation shall be given

promptly to the Attorney General of the Commonwealth of

Pennsylvania and to the Attorney General of the State of New

Jersey, and provision for such notices shall be made in a

resolution authorizing any such intervention or litigation and

shall be incorporated in the minutes of the commission.

(j)  The establishment, maintenance, rehabilitation,

construction and operation of a rapid transit system for the

transportation of passengers, express, mail, and baggage, or any

of them, between points in New Jersey within the Port District

and points in Pennsylvania within the Port District, and

intermediate points. Such system may be established either by

utilizing existing rapid transit systems, railroad facilities,

highways and bridges within the territory involved or by the

construction or provision of new facilities where deemed

necessary, and may be established either directly by purchase,

lease or contract, or by lease or agreement with any other

public or private body or corporation, or in any other manner.

(k)  The performance of such other functions which may be of

mutual benefit to the Commonwealth of Pennsylvania and the State

of New Jersey insofar as concerns the promotion and development

of the Port District for port purposes and the use of its

facilities by commercial vessels.

(l)  The performance or effectuation of such additional

bridge, tunnel, railroad, rapid transit, transportation,

transportation facility, terminal, terminal facility, and port

improvement and development purposes within the Port District as

may hereafter be delegated to or imposed upon it by the action

of either State concurred in by legislation of the other.

(m)  The unification of the ports of the Delaware River

through (i) the acquisition or taking control of any terminal,

terminal facility, transportation facility or marine terminal or

port facility or associated property within the Port District

through purchase, lease or otherwise, or by the acquisition,

merger, becoming the successor to or entering into contracts,

agreements or partnerships with any other port corporation, port

authority or port-related entity which is located within the

Port District, all in accordance with the applicable laws of the

State in which the facility corporation or authority is located;

(ii) the exercise of the other powers granted by this compact;

or (iii) the establishment (whether solely or jointly with any

other entity or entities) of such subsidiary corporation or

corporations or maritime or port advisory committees as may be

necessary or desirable to effectuate this purpose.

[(n)  The planning, financing, development, acquisition,

construction, purchase, lease, maintenance, marketing,

improvement and operation of any project, including, but not

limited to, any terminal, terminal facility, transportation

facility or any other facility of commerce or economic

development activity, from funds available after appropriate

allocation for maintenance of bridge and other capital

facilities.]

Section 2.  The Governor is hereby authorized to apply, on

behalf on the Commonwealth of Pennsylvania, to the Congress of

the United States for its consent and approval to the aforesaid

supplemental compact or agreement; but, in the absence of such

consent and approval, the commission referred to in such

supplemental compact or agreement shall have all of the powers

which the Commonwealth of Pennsylvania and the State of New

Jersey may confer upon it without the consent and approval of

Congress.

Section 3.  The Governor shall not enter into any

supplemental compact or agreement under this act until the State

of New Jersey has passed a substantially similar act embodying

the agreement between the two states as specified in this act.

Section 4.  This act shall take effect immediately.