AN ACT

 

1Amending the act of June 25, 1931 (P.L.1352, No.332), entitled
2"An act providing for joint action by the Commonwealth of
3Pennsylvania and the State of New Jersey in the
4administration, operation, and maintenance of bridges over
5the Delaware River, and for the construction of additional
6bridge facilities across said river; authorizing the
7Governor, for these purposes, to enter into an agreement with
8the State of New Jersey; creating a Delaware River Joint Toll
9Bridge Commission and specifying the powers and duties
10thereof, including the power to finance the construction of
11additional bridges by the issuance of revenue bonds to be
12redeemed from revenues derived from tolls collected at such
13bridges; transferring to said commission all powers now
14exercised by existing commission created to acquire toll
15bridges over the Delaware River; and making an
16appropriation," providing for veto power by the Governor over
17certain actions.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. Article II of section 1 of the act of June 25, 
211931 (P.L.1352, No.332), referred to as the Delaware River Joint 
22Toll Bridge Compact, amended July 11, 1996 (P.L.556, No.99), is 
23amended to read:

24ARTICLE II.

1For the effectuation of its authorized purposes, the 
2commission is hereby granted the following powers as limited and 
3supplemented by the act of July 1, 1996 (P.L.457, No.70), 
4entitled "A supplement to the act of June 25, 1931 (P.L.1352, 
5No.332), entitled 'An act providing for joint action by the 
6Commonwealth of Pennsylvania and the State of New Jersey in the 
7administration, operation, and maintenance of bridges over the 
8Delaware River, and for the construction of additional bridge 
9facilities across said river; authorizing the Governor, for 
10these purposes, to enter into an agreement with the State of New 
11Jersey; creating a Delaware River Joint Toll Bridge Commission 
12and specifying the powers and duties thereof, including the 
13power to finance the construction of additional bridges by the 
14issuance of revenue bonds to be redeemed from revenues derived 
15from tolls collected at such bridges; transferring to said 
16commission all powers now exercised by existing commission 
17created to acquire toll bridges over the Delaware River; and 
18making an appropriation,' requiring the commission to adopt 
19competitive purchasing, equal opportunity employment and 
20competitive hiring practices":

21(a) To have perpetual succession.

22(b) To sue and be sued.

23(c) To adopt and use an official seal.

24(d) To elect a chairman, vice-chairman, secretary and
25treasurer, and appoint an engineer. The secretary, treasurer,
26and engineer need not be members of the commission.

27(e) To adopt suitable by-laws for the management of its
28affairs.

29(f) To appoint such other officers, agents and employees as
30it may require for the performance of its duties.

1(g) To determine the qualifications and duties of its
2appointees, and to fix their compensation, except that the
3commission shall not employ directly or as an independent
4contractor a member of the commission for a period of two years
5after the expiration of the term of office of that member.

6(h) To enter into contracts.

7(i) To acquire, own, hire, use, operate, and dispose of
8personal property.

9(j) To acquire, own, use, lease, operate, and dispose of
10real property and interest in real property, and to make
11improvements thereon.

12(j.1) At its option, to authorize the Department of Property
13and Supplies to prescribe standards and specifications and make
14contracts and purchases of various materials and services for
15the commission, pursuant to the provisions of sections 2403,
162403.1 and 2409 of the act of April 9, 1929 (P.L.177), known as
17"The Administrative Code of 1929."

18(k) To grant the use of, by franchise, lease, and otherwise,
19and to make and collect charges for the use of, any property or
20facility owned or controlled by it.

21(l) To borrow money upon its bonds or other obligations,
22either with or without security.

23(m) To exercise the power of eminent domain.

24(n) To determine the exact location, system, and character
25of, and all other matters in connection with, any and all
26improvements or facilities which it may be authorized to own,
27construct, establish, effectuate, maintain, operate or control.

28(o) In addition to the foregoing powers, to exercise the
29powers, duties, authority and jurisdiction heretofore conferred
30and imposed upon the aforesaid commissions, hereby constituted a

1joint commission by reciprocal legislation of the Commonwealth
2of Pennsylvania and the State of New Jersey, with respect to the
3acquisition of toll bridges over the Delaware River, the
4management, operation and maintenance of such bridges, and the
5location, acquisition, construction, administration, operation
6and maintenance of additional bridge communications over the
7Delaware River at any location north of the boundary line
8between Bucks County and Philadelphia County in the Commonwealth
9of Pennsylvania, as extended across the Delaware River to the
10New Jersey shore of said river. The powers granted in this
11paragraph shall be in addition to those powers granted by
12paragraph (a) of Article X of this agreement.

13(p) To exercise all other powers, not inconsistent with the
14Constitutions of the States of Pennsylvania and New Jersey or of
15the United States, which may be reasonably necessary or
16incidental to the effectuation of its authorized purposes or to
17the exercise of any of the powers granted to the commission by
18this agreement or any amendment thereof or supplement thereto,
19except the power to levy taxes or assessments for benefits; and
20generally to exercise, in connection with its property and
21affairs and in connection with property under its control, any
22and all powers which might be exercised by a natural person or a
23private corporation in connection with similar property and
24affairs.

25(q) To acquire, construct, rehabilitate, improve, maintain,
26lease as lessor or as lessee, repair and operate, port and
27terminal facilities, as hereinafter defined, within the
28district, including the dredging of ship channels and turning
29basins and the filling and grading of land therefor.

30(r) To provide from time to time for the issuance of its

1bonds or other obligations for any one or more of its corporate
2purposes; all bonds and other obligations hereafter issued by
3the commission shall have all the qualities and incidents of
4negotiable instruments.

5(s) To fix, charge and collect fees, rentals, tolls and
6other charges for the use of any of its port and terminal
7facilities so as to provide funds at least sufficient with other
8funds available for such purposes (1) to pay the cost of
9maintaining, repairing and operating such port and terminal
10facilities, including the administrative expenses of the
11commission chargeable thereto; (2) to pay the bonds or other
12obligations issued on account of such facilities and the
13interest thereon as the same become due and payable; and (3) to
14provide reserves for such purposes, and to pledge such funds
15over and above such costs of maintenance, repair and operation
16to the payment of such bonds or other obligations and the
17interest thereon.

18(t) To petition the Interstate Commerce Commission, any
19public service or public utilities commission, or any other
20federal, state or local authority, whether administrative,
21judicial or legislative, for the adoption and execution of any
22physical improvement, change in method, rate of transportation,
23system of handling freight, warehousing, docking, lightering or
24transfer of freight, which, in the opinion of the commission,
25may be designed to improve or facilitate the movement or
26handling of commerce within the district or improve the terminal
27or transportation facilities therein.

28As used in this agreement, the term 'port and terminal
29facilities' shall mean and shall include, without intending
30thereby to limit the definition of such term, any one or more of

1the following or any combination thereof:

2(1) Every kind of terminal or storage structure or facility
3now in use or hereafter designed for use in the handling,
4storage, loading or unloading of freight or passengers at
5steamship, railroad or motor terminals or airports, and every
6kind of transportation facility now in use or hereafter designed
7for use in connection therewith; and

8(2) All real and personal property and all works, buildings,
9structures, equipment, machinery, appliances and appurtenances
10necessary or convenient for the proper construction, equipment,
11maintenance and operation of such facility or facilities or any
12one or more of them.

13Notwithstanding any other provision of this agreement or any
14provision of law, state or federal, to the contrary, the
15commission shall not combine for financing purposes any port and
16terminal facility or facilities constructed or acquired by it
17under the provisions of this agreement with any bridge or
18bridges heretofore or hereafter constructed or acquired by the
19commission.

20The powers herein granted to the commission with reference to
21port and terminal facilities shall supersede the right to
22exercise any such powers within the district, as defined in
23paragraph (e) of Article I of this agreement, by any other body
24which has been heretofore created by compact or agreement
25between the Commonwealth of Pennsylvania and the State of New
26Jersey.

27Nothing contained in any other of the provisions of this
28compact or agreement shall be deemed or construed to amend,
29modify or repeal any of the powers, rights or duties conferred
30by, or limitations or restrictions expressed in, Article X of

1this compact or agreement, or any of the provisions of said
2Article X relating to a bridge to be constructed, operated and
3maintained by the Pennsylvania Turnpike Commission or the New
4Jersey Turnpike Authority acting alone or in conjunction with
5each other.

6Notwithstanding the above, each state reserves the right to
7provide by law for the exercise of a veto power by the Governor
8of that state over any action of any commissioner from that
9state at any time within ten days (Saturdays, Sundays and public
10holidays in the particular state excepted) after receipt at the
11Governor's office of a certified copy of the minutes of the
12meeting at which such vote was taken. Each state may provide by
13law for the manner of delivery of such minutes, and for
14notification of the action thereon.

15Section 2. The Governor shall not enter into a supplemental
16compact or agreement on behalf of the Commonwealth of
17Pennsylvania until passage by the State of New Jersey of a
18substantially similar act embodying a supplemental compact or
19agreement between the two states.

20Section 3. The Governor shall publish the date of execution
21of any supplemental compact or agreement referenced in section 2
22as a notice in the Pennsylvania Bulletin.

23Section 4. This act shall take effect immediately.