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HOUSE AMENDED
PRIOR PRINTER'S NOS. 164, 499
PRINTER'S NO. 1437
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
286
Session of
2015
INTRODUCED BY RAFFERTY, STACK, GREENLEAF, PILEGGI, VULAKOVICH,
YUDICHAK AND BLAKE, JANUARY 16, 2015
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 23, 2015
AN ACT
Amending 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 the Delaware River
Joint Commission, for composition, for employees, for
financing and for executive sessions; providing for majority
approval and contract procedures; further providing for
report; providing for conflicts of interest, for master plan
and creating the Port Authority Transit Corporation
Commuter's Council; further providing for definitions;
authorizing the Governor to apply for approval; prohibiting
the entrance into a compact until passage of a similar act;
and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The Governor is authorized to enter into a
supplemental compact or agreement, on behalf of the
Commonwealth, with the State of New Jersey, further amending and
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supplementing the compact or agreement between the Commonwealth
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-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, 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 The Delaware River Joint Commission, for
composition, for employees, for financing and for executive
sessions; providing for majority approval and contract
procedures; further providing for report; providing for
conflicts of interest, for master plan and creating the Port
Authority Transit Corporation Commuter's Council; further
providing for definitions; authorizing the Governor to apply for
approval; prohibiting the entrance into a compact until passage
of a similar act; and making editorial changes.
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The Commonwealth of Pennsylvania and the State of New Jersey
do solemnly covenant and agree, each with the other, that 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, be amended as follows:
(1) That Articles I, II and IV of the compact, as
amended April 3, 1992 (P.L.57, No.19), be 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
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City of Camden in the State of New Jersey, including its
approaches, and the making of additions and improvements
thereto.
(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
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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.
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(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 directly relating to
the operation of the Delaware River Port Authority, including,
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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.
ARTICLE II
The commission shall consist of sixteen commissioners, eight
resident voters of the Commonwealth of Pennsylvania, and eight
resident voters of the State of New Jersey, who shall serve
without compensation.
The commissioners for the State of New Jersey shall be
appointed by the Governor of New Jersey with the advice and
consent of the Senate of New Jersey, for terms of five years,
and in case of a vacancy occurring in the office of commissioner
during a recess of the Legislature, it may be filled by the
Governor by an ad interim appointment, which shall expire at the
end of the next regular session of the Senate unless a successor
shall be sooner appointed and qualify and, after the end of the
session, no ad interim appointment to the same vacancy shall be
made unless the Governor shall have submitted to the Senate a
nomination to the office during the session and the Senate shall
have adjourned without confirming or rejecting it; and no person
nominated for any such vacancy shall be eligible for an ad
interim appointment to such office if the nomination shall have
failed of confirmation by the Senate.
Six of the eight commissioners for the Commonwealth of
Pennsylvania shall be appointed by the Governor of Pennsylvania
for terms of five years. The Auditor General and the State
Treasurer of said Commonwealth shall, ex-officio, be
commissioners for said Commonwealth, each having the privilege
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of appointing a representative to serve in his place at any
meeting of the commission which he does not attend personally.
Any commissioner who is an elected public official shall have
the privilege of appointing a representative to serve and act in
his place at any meeting of the commission which he does not
attend personally.
Pennsylvania commissioners who are not ex-officio members of
the commission shall be confirmed by a majority of the members
elected to the Pennsylvania Senate.
All commissioners shall continue to hold office after the
expiration of the terms for which they are appointed or elected
until their respective successors are appointed and qualify, but
no period during which any commissioner shall hold over shall be
deemed to be an extension of his term of office for the purpose
of computing the date on which his successor's term expires.
ARTICLE IV
For the effectuation of its authorized purposes, the
commission is hereby granted the following powers:
(a) To have perpetual succession;
(b) To sue and be sued;
(c) To adopt and use an official seal;
(d) To elect a chairman, vice-chairman, secretary and
treasurer, and to adopt suitable by-laws for the management of
its affairs. The secretary and treasurer need not be members of
the commission.
(e) To appoint, hire or employ counsel and such other
officers, and such agents and employes, as it may require for
the performance of its duties, by contract or otherwise, and fix
and determine their qualifications, duties and compensation;
(f) To enter into contracts;
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(g) To acquire, own, hire, use, operate and dispose of
personal property;
(h) To acquire, own, use, lease, operate, mortgage and
dispose of real property and interests in real property, and to
make improvements thereon;
(h.1) At its option, [it may] to authorize the Department of
[Property and Supplies] General Services to prescribe standards
and specifications and make contracts and purchases of various
materials and services for the commission, pursuant to the
provisions of sections 2403, 2403.1 and 2409 of the act of April
9, 1929 (P.L.177), known as "The Administrative Code of 1929."
(i) To grant by franchise, lease or otherwise, the use of
any property or facility owned or controlled by the commission
and to make charges therefor;
(j) To borrow money upon its bonds or other obligations for
the purpose of financing any project authorized by or pursuant
to this compact or agreement, either with or without security,
and to make, enter into and perform any and all such covenants
and agreements with the holders of such bonds or other
obligations as the commission may determine to be necessary or
desirable for the security and payment thereof, including,
without limitation of the foregoing, covenants and agreements as
to the management and operation of any property or facility
owned or controlled by it, the tolls, rents, rates or other
charges to be established, levied, made and collected for any
use of any such property or facility, or the application, use
and disposition of the proceeds of any bonds or other
obligations of the commission, or the proceeds of any such
tolls, rents, rates or other charges or any other revenues or
moneys of the commission;
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(k) To exercise the right of eminent domain within the Port
District;
(l) To determine the exact location, system and character
of, and all other matters in connection with, any and all
improvements or facilities which it may be authorized to own,
construct, establish, effectuate, operate or control;
(m) In addition to the foregoing, to exercise the powers,
duties, authority and jurisdiction heretofore conferred and
imposed upon the aforesaid The Delaware River Joint Commission
by the Commonwealth of Pennsylvania or the State of New Jersey,
or both of the said two States;
(n) To exercise all other powers, not inconsistent with the
constitutions of the two States or of the United States, which
may be reasonably necessary or incidental to the effectuation of
its authorized purposes or to the exercise of any of the
foregoing powers, except the power to levy taxes or assessments;
and generally to exercise, in connection with its property and
affairs and in connection with property within its control, any
and all powers which might be exercised by a natural person or a
private corporation in connection with similar property and
affairs;
(o) To acquire, purchase, construct, lease, operate,
maintain and undertake any project directly relating to the
operation of the Delaware River Port Authority, including any
terminal, terminal facility, transportation facility, or any
other facility of commerce, and to make charges for the use
thereof;
(p) To make expenditures anywhere in the United States and
foreign countries, to pay commissions, and hire or contract with
experts or consultants, and otherwise to do indirectly anything
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which the commission may do directly.
(q) To establish one or more operating divisions as deemed
necessary to exercise the power and effectuate the purposes of
this agreement.
(r) To hold executive sessions consisting of the majority of
the members of the commission for the Commonwealth of
Pennsylvania and a majority of the members of the commission for
the State of New Jersey to address confidential matters,
including matters concerning litigation, personnel, contractual
negotiations and contract review. Neither the commissioners for
the Commonwealth of Pennsylvania nor the commissioners for the
State of New Jersey may meet in caucus separately from the
members of the other state.
[The commission shall also have such additional powers as may
hereafter be delegated to or imposed upon it from time to time
by the action of either State concurred in by legislation of the
other.
It is the policy and intent of the Legislatures of the
Commonwealth of Pennsylvania and the State of New Jersey that
the powers granted by this Article shall be so exercised that
the American system of free competitive private enterprise is
given full consideration and is maintained and furthered. In
making its reports and recommendations to the Legislatures of
the Commonwealth of Pennsylvania and the State of New Jersey on
the need for any facility or project which the commission
believes should be undertaken for the promotion and development
of the Port District, the commission shall include therein its
findings which fully set forth that the facility or facilities
operated by private enterprise within the Port District and
which it is intended shall be supplanted or added to are not
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adequate.]
(2) The compact is amended by adding an article to read:
ARTICLE IV-A
The commission shall not negotiate, extend, amend or
otherwise alter the terms of a contract, or enter into any
contract, unless such action is voted on and approved by the
board in a public session and notice of such session is provided
to the public pursuant to subsection c. of section 3 of
P.L.1991, c.400 (C.32:3-4.7).
The commission shall use best practices in the procurement of
necessary items and services, which shall include the
requirement that the commission procure all supplies, services
and construction pursuant to the provisions of 62 Pa.C.S. Pt. I
(relating to Commonwealth Procurement Code) and all pertinent
laws of the State of New Jersey.
The commission shall establish, on its official Internet
website, a secure online process to allow prospective qualified
vendors to complete online any documents the commission requires
concerning requests for proposals.
The commission shall also have such additional powers as may
hereafter be delegated to or imposed upon it from time to time
by the action of either state concurred in by legislation of the
other.
It is the policy and intent of the Legislatures of the
Commonwealth of Pennsylvania and the State of New Jersey that
the powers granted by this article shall be so exercised that
the American system of free competitive private enterprise is
given full consideration and is maintained and furthered. In
making its reports and recommendations to the Legislatures of
the Commonwealth of Pennsylvania and the State of New Jersey on
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the need for any facility or project which the commission
believes should be undertaken for the promotion and development
of the Port District, the commission shall include therein its
findings which fully set forth that the facility or facilities
operated by private enterprise within the Port District and
which it is intended shall be supplanted or added to are not
adequate.
(3) That Article XII of the compact, as amended April 3,
1992 (P.L.57, No.19), be amended to read:
ARTICLE XII
The commission shall, within ninety days after the end of
each fiscal year, submit to the Governors and Legislatures of
the Commonwealth of Pennsylvania and the State of New Jersey a
complete and detailed report of the following:
(1) its operations and accomplishments during the completed
fiscal year;
(2) its receipts and disbursements or revenues and expenses
during that year in accordance with the categories and
classifications established by the commission for its own
operating and capital outlay purposes;
(3) its assets and liabilities at the end of the fiscal
year, including the status or reserve, depreciation, special or
other funds including debits and credits of these funds;
(4) a schedule of bonds and notes outstanding at the end of
the fiscal year;
(5) a list of all contracts exceeding $100,000 entered into
during the fiscal year;
(6) a business or strategic plan for the commission and for
each of its operating divisions; and
(7) a five-year capital plan.
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[Not less than once every five years the commission shall
cause a management audit of its operational effectiveness and
efficiency to be conducted by an independent consulting firm
selected by the commission. The first management audit to be
conducted shall commence within three years of the date of
coming into force of the supplemental compact or agreement
authorized by this 1991 amendatory act. This audit is in
addition to any other audit which the commission determines to
conduct from time to time.]
The commission shall submit biennially to an audit of its
budget conducted by an independent auditor selected by the New
Jersey Comptroller and the Auditor General of Pennsylvania and
approved by the Governors of New Jersey and Pennsylvania. The
audit shall be provided to the Governors and Legislatures of the
State of New Jersey and the Commonwealth of Pennsylvania no
later than December 31 of every even-numbered year and shall
include all expenditures, revenues and financial operations of
the commission. Failure to submit to this audit shall result in
the forfeiture of the salary of every officer of the commission
or employe employed by the commission at a level at or exceeding
the level of director, or acting director, until such time as
the audit is complete.
The commission shall submit biennially to a performance
review audit conducted by an independent auditor selected by the
New Jersey Comptroller and the Auditor General of Pennsylvania
and approved by the Governors of New Jersey and Pennsylvania.
The audit shall include an evaluation of whether the commission
is achieving efficiency and effectiveness in the employment of
its financial and operational resources and shall be provided to
the Governors and Legislatures of the State of New Jersey and
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the Commonwealth of Pennsylvania no later than December 31 of
every odd-numbered year. Failure to submit to this audit shall
result in the forfeiture of the salary of every officer of the
commission or employe employed by the commission at a level at
or exceeding the level of director, or acting director, until
such time as the audit is complete.
Every two years the commission shall conduct a review of the
compensation of commission employes and officers for the purpose
of ensuring that compensation is commensurate with duties
performed. The commission shall provide a report on the
compensation of its employes and officers to the Governors and
Legislatures of the State of New Jersey and the Commonwealth of
Pennsylvania by June thirtieth of every even-numbered year. The
report shall provide the salary range of each job title and
shall include the following information concerning each
commission employe and officer:
(a) names;
(b) annual salary;
(c) job title;
(d) hiring date; and
(e) job description.
Failure to conduct this review shall result in the forfeiture of
the salary of every officer of the commission or employe
employed by the commission at a level at or exceeding the level
of director, or acting director, until such time as the review
is complete.
[The commission shall, not later than two years after the
date of the coming into force of the supplemental compact or
agreement authorized by this 1992 amendatory act, prepare a
comprehensive master plan for the development of the Port
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District. The plan shall include, but not be limited to, plans
for the construction, financing, development, reconstruction,
purchase, lease, improvement and operation of any terminal,
terminal facility, transportation facility or any other facility
of commerce or economic development activity. The master plan
shall include the general location of such projects and
facilities as may be included in the master plan and shall to
the maximum extent practicable include, but not be limited to, a
general description of each such projects and facilities, the
land use requirements necessary therefor, and estimates of
project costs and of a schedule for commencement of each such
project. Prior to adopting such master plan, the commission
shall give written notice to, afford a reasonable opportunity
for comment, consult with and consider any recommendations from
State, county and municipal government, as well as commissions,
public corporations and authorities and the private sector. The
commission may modify or change any part of the plan in the same
form and manner as provided for the adoption of the original
plan. At the time the commission authorizes any project or
facility, the commission shall promptly provide to the Governor
and Legislature of each State a detailed report on the project,
including its status within the master plan. The commission
shall include within the authorization a status of the project
or facility in the master plan and any amendment thereof, and no
project shall be authorized if not included in the master plan
or amendment thereof. Any project which has been commenced and
approved by the commission prior to the adoption of the master
plan shall be included, for informational purposes only, in the
master plan. The commission shall provide notice of such ongoing
projects to those State, county and municipal governments, as
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well as entities in the private sector who would be entitled to
such notice had the project not been commenced in anticipation
of adopting the master plan, but there shall be not requirement
that the project be delayed or deferred due to those provisions.
In addition to other powers conferred upon it, and not in
limitation thereof, the commission may acquire all right, title
and interest in and to the Tacony-Palmyra Bridge, across the
Delaware River at Palmyra, New Jersey, together with any
approaches and interests in real property necessary thereto. The
acquisition of such bridge, approaches and interests by the
commission shall be by purchase or by condemnation in accordance
with the provisions of the Federal law consenting to or
authorizing the construction of such bridge or approaches, or
the acquisition of such bridge, approaches or interests by the
commission shall be pursuant to and in accordance with the
provisions of sections 48:5-22 and 48:5-23 of the Revised
Statutes of New Jersey, and for all the purposes of said
provisions and sections the commission is hereby appointed as
the agency of the State of New Jersey and the Commonwealth of
Pennsylvania exercising the rights and powers granted or
reserved by said Federal law or sections to the State of New
Jersey and Commonwealth of Pennsylvania jointly or to the State
of New Jersey acting in conjunction with the Commonwealth of
Pennsylvania. The commission shall have authority to so acquire
such bridge, approaches and interests, whether the same be
owned, held, operated or maintained by any private person, firm,
partnership, company, association or corporation or by any
instrumentality, public body, commission, public agency or
political subdivision (including any county or municipality) of,
or created by or in, the State of New Jersey or the Commonwealth
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of Pennsylvania, or by any instrumentality, public body,
commission or public agency of, or created by or in, a political
subdivision (including any county or municipality) of the State
of New Jersey or the Commonwealth of Pennsylvania. None of the
provisions of the preceding paragraph shall be applicable with
respect to the acquisition by the commission, pursuant to this
paragraph, of said Tacony-Palmyra Bridge, approaches and
interests. The power and authority herein granted to the
commission to acquire said Tacony-Palmyra Bridge, approaches and
interests shall not be exercised unless and until the Governor
of the State of New Jersey and the Governor of the Commonwealth
of Pennsylvania have filed with the commission their written
consents to such acquisition.
Notwithstanding any provision of this agreement, nothing
herein contained shall be construed to limit or impair any right
or power granted or to be granted to the Pennsylvania Turnpike
Commission or the New Jersey Turnpike Authority, to finance,
construct, operate and maintain the Pennsylvania Turnpike System
or any turnpike project of the New Jersey Turnpike Authority,
respectively, throughout the Port District, including the right
and power, acting alone or in conjunction with each other, to
provide for the financing, construction, operation and
maintenance of one bridge across the Delaware River south of the
City of Trenton in the State of New Jersey: Provided, That such
bridge shall not be constructed within a distance of ten miles,
measured along the boundary line between the Commonwealth of
Pennsylvania and the State of New Jersey, from the existing
bridge, operated and maintained by the commission, across the
Delaware River between the City of Philadelphia in the
Commonwealth of Pennsylvania and the City of Camden in the State
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of New Jersey, so long as there are any outstanding bonds or
other securities or obligations of the commission for which the
tolls, rents, rates, or other revenues, or any part thereof, of
said existing bridge shall have been pledged. Nothing contained
in this agreement shall be construed to authorize the commission
to condemn any such bridge.
Anything herein contained to the contrary notwithstanding, no
bridge or tunnel shall be constructed, acquired, operated or
maintained by the commission across or under the Delaware River
north of the boundary line between Bucks County and Philadelphia
County in the Commonwealth of Pennsylvania as extended across
the Delaware River to the New Jersey shore of said river, and
any new bridge or tunnel authorized by or pursuant to this
compact or agreement to be constructed or erected by the
commission may be constructed or erected at any location south
of said boundary line notwithstanding the terms and provisions
of any other agreement between the Commonwealth of Pennsylvania
and the State of New Jersey. Except as may hereafter be
otherwise provided in conformity with Article IX hereof with
respect to specific properties designated by action of the
Legislatures of both of the signatory States, no property or
facility owned or controlled by the commission shall be acquired
from it by any exercise of powers of condemnation or eminent
domain.]
(4) The compact is amended by adding articles to read:
ARTICLE XII-A
(1) (a) All commissioners, directors, officers and employes
of the commission shall practice due diligence to avoid
situations in which their personal interest, activities or
financial affairs are, or are reasonably perceived as being, in
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conflict with the interests of the commission. Prior to each
board meeting conducted pursuant to section 3 of P.L.1991, c.400
(C.32:3-4.7), the commission shall circulate a list of entities
that will be the subject of board action. Board members shall
identify in writing any conflicts in advance of board meetings.
(b) It shall be a conflict of interest for commissioners,
directors, officers or employes to engage in political activity
or electioneering using commission resources or equipment, or
during work hours, commission meetings or other activities
primarily related to employment with the commission.
(c) No commissioner, director, officer or employe of the
commission shall have an interest in a business organization or
engage in any business, transaction or professional activity,
which is in substantial conflict with the proper discharge of
the duties of the commissioners, directors, officers or employes
in the public interest. No commissioner, director, officer or
employe shall use or attempt to use an official position to
secure unwarranted privileges, exemptions, advantages or
employment.
(d) No commissioner, director, officer or employe may
directly or indirectly solicit, request, suggest or recommend to
any contractor, vendor or grant recipient, holding company,
affiliate, intermediary or subsidiary thereof, doing business
with the commission for the appointment or employment of any
person in any capacity.
(e) No commissioner, director, officer or employe of the
commission or any immediate family member of a commissioner,
director, officer or employe of the commission shall solicit or
accept any gift or item of value for personal benefit under any
circumstance which could be reasonably expected to influence, or
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which may be perceived as being reasonably expected to
influence, the manner in which a commissioner, director, officer
or employe conducts the public business of the commission.
(f) No commissioner, director, officer or employe of the
commission or any immediate family member of a commissioner,
director, officer or employe of the commission shall exert any
undue influence with respect to any act of the commission,
including the selection of contractors, the hiring of or
dismissal of employes or the making of any other decision where
the influence of the commissioner, director, officer or employe
is, or is likely to be perceived as, an interference with the
independent and objective decisions of the commission.
(g) No employe employed as an officer, director or acting
director, or employed at a level exceeding that of an officer,
director or acting director, shall accept or engage in
employment with any professional service provider, vendor or
independent contractor of the commission for a period of two
years from the date of the termination of their employment with
the commission.
(h) The commission shall not enter into a contract with a
person, corporation or other legal entity that:
(1) is owned wholly or in part by a commissioner, director,
officer or employe or his relative; or
(2) a commissioner, director, officer or employe or his
relative has entered into a contractual or business relationship
with or has received a personal pecuniary benefit therefrom.
(i) No person employed as a director or acting director, or
employed at a level exceeding that of an officer, director or
acting director, shall hold outside employment.
(j) No commissioner, director or officer of the commission
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shall make a charitable contribution, including a donation or
gift of money or anything of value, on behalf of the commission.
(k) The commission shall not make monetary contributions to
charitable and civic organizations. A request for in-kind
support to a charitable or civic organization shall be approved
by the commission at a public meeting.
(l) Each commissioner shall file financial statements in
compliance with the law of the state from which the commissioner
was appointed.
(2) (a) No commissioner, director, officer or employe of
the commission shall be paid compensation higher than the lesser
salary of either the Governor of the State of New Jersey or the
Governor of the Commonwealth of Pennsylvania.
(b) The commission shall not compensate any commissioner,
director, officer or employe for expenses related to the use of
a vehicle that is procured by or for the commissioner, director,
officer or employe primarily for personal use or for the purpose
of commuting between home and work.
(c) The commission shall not extend to any commissioner,
director, officer or employe a personal line of credit or any
other form of credit agreement or compensation for any purpose.
(d) The commission is prohibited from entering into a
contract containing, or contingent upon, a written agreement or
understanding which requires a party to make a payment of a
portion of any consideration, commission, premium or fee
received under or attributable to the contract, with a person or
entity not a party to the contract. The commission is required
to include a provision in its contracts providing that no party
to the contract shall be required to make a payment of a portion
of any consideration, commission, premium or fee received under
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or attributable to the contract, with a person or entity not a
party to the contract. A person or entity, which is a party to a
contract with the commission, is prohibited from offering to
make or making a payment to another person or entity having a
separate contractual relationship with the commission in order
to obtain contracts or agreements with the commission. A person
or entity, which is a party to a contract with the commission,
is prohibited from receiving or soliciting payment of a portion
of any consideration, commission, premium or fee received under
or attributable to a separate contractual relationship between
the commission and another person or entity.
(e) No commissioner, director, officer or employe shall
receive any lump sum expense allowance or contingent fund for
personal or official expenses except where the allowance or fund
is expressly provided for by statute or legislative
appropriation.
(f) No commissioner, director, officer or employe shall be
exempt from payment of any toll relating to the use of a
commission toll bridge or toll road, and the commission shall
not compensate any commissioner, director, officer or employe
for payment of the toll. An exception is provided for persons
operating under a collective bargaining agreement which provides
for toll exemptions. An excepted person shall not use or allow
the use of the exemption by any other person and, if the
unauthorized use occurs, the excepted person shall forfeit the
exemption.
(g) The commission shall require any current or prospective
vendor, including any director, officer, principal or partner
thereof, with which the commission conducts business for any
purpose or is in the process of establishing a business
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relationship for any purpose to annually disclose a list of
current political campaign contributions made by the vendor, and
any such contributions made within four years prior to the
vendor's involvement with the commission.
(3) The commission shall be subject to the provisions of the
Pennsylvania act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law, or to the provisions of P.L.1963, c.73
(C.47:1A-1 et seq.), commonly known as the open public records
act, as selected by the person or entity requesting the records.
(4) The commission shall adopt, within six months of the
effective date of this section, appropriate rules and
regulations concerning proper notice to the public and the news
media of its meetings and the right of the public and the news
media to be present at its meetings. The rules and regulations
adopted pursuant to this section shall provide for the same
notice and right of the public and news media to be present as
well as any other rights and duties provided in the "Senator
Byron M. Baer Open Public Meetings Act," P.L. 1975, c.231
(C.10:4-6 et seq.) and 65 Pa.C.S. Ch. 7 (relating to open
meetings). To the extent these laws conflict, the commission
shall incorporate into the rules and regulations the provisions
of that law which provide for the greatest rights to the public
and the news media.
(5) The commission shall not vote on any matter concerning a
commission contract unless notice is provided to the public at
least thirty days prior to the scheduled action by the
commission.
(6) The Attorney General of the Commonwealth of Pennsylvania
and the Attorney General of the State of New Jersey are hereby
authorized to take action under the laws of the Commonwealth of
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Pennsylvania and the State of New Jersey to enforce the
provisions of the compact or agreement.
ARTICLE XIII
The commission shall, not later than two years after the
effective date of the supplemental compact or agreement
authorized by this 2015 amendatory act, prepare a comprehensive
master plan for the development of the Port District. The plan
shall include, but not be limited to, plans for the
construction, financing, development, reconstruction, purchase,
lease, improvement and operation of any terminal, terminal
facility, transportation facility or any other facility of
commerce. The master plan shall include the general location of
such projects and facilities as may be included in the master
plan and shall to the maximum extent practicable include, but
not be limited to, a general description of each such projects
and facilities, the land use requirements necessary therefor and
estimates of project costs and of a schedule for commencement of
each such project. Prior to adopting such master plan, the
commission shall give written notice to, afford a reasonable
opportunity for comment, consult with and consider any
recommendations from state, county and municipal government, as
well as commissions, public corporations and authorities and the
private sector. The commission may modify or change any part of
the plan in the same form and manner as provided for the
adoption of the original plan. At the time the commission
authorizes any project or facility, the commission shall
promptly provide to the Governor and Legislature of each state a
detailed report on the project, including its status within the
master plan. The commission shall include within the
authorization a status of the project or facility in the master
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plan and any amendment thereof, and no project shall be
authorized if not included in the master plan or amendment
thereof. Any project which has been commenced and approved by
the commission prior to the adoption of the master plan shall be
included, for informational purposes only, in the master plan.
The commission shall provide notice of such ongoing projects to
those state, county and municipal governments, as well as
entities in the private sector who would be entitled to such
notice had the project not been commenced in anticipation of
adopting the master plan, but there shall be no requirement that
the project be delayed or deferred due to those provisions.
In addition to other powers conferred upon it, and not in
limitation thereof, the commission may acquire all right, title
and interest in and to the Tacony-Palmyra Bridge, across the
Delaware River at Palmyra, New Jersey, together with any
approaches and interests in real property necessary thereto. The
acquisition of such bridge, approaches and interests by the
commission shall be by purchase or by condemnation in accordance
with the provisions of the Federal law consenting to or
authorizing the construction of such bridge or approaches, or
the acquisition of such bridge, approaches or interests by the
commission shall be pursuant to and in accordance with the
provisions of sections 48:5-22 and 48:5-23 of the Revised
Statutes of New Jersey, and for all the purposes of said
provisions and sections the commission is hereby appointed as
the agency of the State of New Jersey and the Commonwealth of
Pennsylvania exercising the rights and powers granted or
reserved by said Federal law or sections to the State of New
Jersey and Commonwealth of Pennsylvania jointly or to the State
of New Jersey acting in conjunction with the Commonwealth of
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Pennsylvania. The commission shall have authority to so acquire
such bridge, approaches and interests, whether the same be
owned, held, operated or maintained by any private person, firm,
partnership, company, association or corporation or by any
instrumentality, public body, commission, public agency or
political subdivision, including any county or municipality, of,
or created by or in, the State of New Jersey or the Commonwealth
of Pennsylvania, or by any instrumentality, public body,
commission or public agency of, or created by or in, a political
subdivision, including any county or municipality, of the State
of New Jersey or the Commonwealth of Pennsylvania. None of the
provisions of the preceding paragraph shall be applicable with
respect to the acquisition by the commission, pursuant to this
paragraph, of said Tacony-Palmyra Bridge, approaches and
interests. The power and authority herein granted to the
commission to acquire said Tacony-Palmyra Bridge, approaches and
interests shall not be exercised unless and until the Governor
of the State of New Jersey and the Governor of the Commonwealth
of Pennsylvania have filed with the commission their written
consents to such acquisition.
Notwithstanding any provision of this agreement, nothing
herein contained shall be construed to limit or impair any right
or power granted or to be granted to the Pennsylvania Turnpike
Commission or the New Jersey Turnpike Authority, to finance,
construct, operate and maintain the Pennsylvania Turnpike System
or any turnpike project of the New Jersey Turnpike Authority,
respectively, throughout the Port District, including the right
and power, acting alone or in conjunction with each other, to
provide for the financing, construction, operation and
maintenance of one bridge across the Delaware River south of the
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City of Trenton in the State of New Jersey: Provided, That such
bridge shall not be constructed within a distance of ten miles,
measured along the boundary line between the Commonwealth of
Pennsylvania and the State of New Jersey, from the existing
bridge, operated and maintained by the commission, 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, so long as there are any outstanding bonds or
other securities or obligations of the commission for which the
tolls, rents, rates, or other revenues, or any part thereof, of
said existing bridge shall have been pledged. Nothing contained
in this agreement shall be construed to authorize the commission
to condemn any such bridge.
Anything herein contained to the contrary notwithstanding, no
bridge or tunnel shall be constructed, acquired, operated or
maintained by the commission across or under the Delaware River
north of the boundary line between Bucks County and Philadelphia
County in the Commonwealth of Pennsylvania as extended across
the Delaware River to the New Jersey shore of said river, and
any new bridge or tunnel authorized by or pursuant to this
compact or agreement to be constructed or erected by the
commission may be constructed or erected at any location south
of said boundary line notwithstanding the terms and provisions
of any other agreement between the Commonwealth of Pennsylvania
and the State of New Jersey. Except as may hereafter be
otherwise provided in conformity with Article IX hereof with
respect to specific properties designated by action of the
Legislatures of both of the signatory states, no property or
facility owned or controlled by the commission shall be acquired
from it by any exercise of powers of condemnation or eminent
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domain.
(5) That the heading of Article XII-A of the compact,
added August 10, 1951 (P.L.1206, No.274), be renumbered to
read:
ARTICLE [XII-A] XIII-A
(6) That the heading of Article XII-B of the compact,
added June 11, 1963 (P.L.102, No.69), be renumbered to read:
ARTICLE [XII-B] XIII-B
(7) That the compact be amended by adding an article to
read:
ARTICLE XIII-C
(1) There is created under the commission the Port Authority
Transit Corporation Commuter's Council, to study, investigate,
monitor and make recommendations with respect to the maintenance
and operation of the Port Authority Transit Corporation's
facilities for the transportation of passengers. The council
shall study and investigate all aspects of the day-to-day
operations of the Port Authority Transit Corporation, monitor
its performance and recommend changes to improve the efficiency
of the operation of Port Authority Transit Corporation service.
(2) The council shall consist of four resident voters of the
Commonwealth of Pennsylvania and four resident voters of the
State of New Jersey, who shall be commuters regularly using the
transportation services of the Port Authority Transit
Corporation. The members from the Commonwealth of Pennsylvania
shall be appointed by the Governor of Pennsylvania, subject to
confirmation by a majority of members of the Pennsylvania
Senate, and the members from the State of New Jersey shall be
appointed by the Governor of New Jersey. Each of the members
shall serve for a term of three years. Vacancies occurring in
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the membership of the council shall be filled in the same manner
as the original appointment.
(3) Members of the council shall serve without compensation
but may be reimbursed, subject to the limits of funds
appropriated or otherwise made available for those purposes, for
expenses actually incurred in attending meetings of the council
and in performance of their duties as members of the council.
(4) The commission shall provide the council with assistance
and information as may be necessary for the purposes of this
section.
(8) Article XIII of the compact, amended April 3, 1992,
P.L.57, No.19), is amended to read:
ARTICLE [XIII] XIV
As used herein, unless a different meaning clearly appears
from the context:
"Port District" shall mean all the territory within the
counties of Bucks, Chester, Delaware, Montgomery and
Philadelphia in Pennsylvania, in all the territory within the
counties of Atlantic, Burlington, Camden, Cape May, Cumberland,
Glouster, Ocean and Salem in New Jersey.
"Commission" shall mean The Delaware River Port Authority
and, when required by the context, the board constituting the
governing body thereof in charge of its property and affairs.
"Commission resources" shall mean commission-owned or
commission-leased equipment, including telephones, computer
hardware or software, copiers, scanners, fax machines, file
cabinets or other office furniture, cell phones, person digital
assistant devices or similar electronic devices and office
supplies.
"Commissioner" shall mean a member of the governing body of
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The Delaware River Port Authority.
"Director" shall include the engineering director, bridge
directors, director of the Port of Philadelphia and Camden,
director of risk management and safety, director of human
resource services, director of information services, finance
director of Port Authority Transit Corporation, director of
revenue, director of finance, director of emergency management
and homeland security or any similar position created by the
commission.
"Doing business with the commission" shall include the
following:
(1) Matters concerning the commission's acquisition,
disposal or improvement of real property.
(2) The making of the commission's contracts or the
settlement of claims related to the commission's contracts.
(3) The procurement of commission supplies, equipment,
services or professional services, including without limitation,
legal, accounting and investment services.
(4) The initiation or settlement of litigation to which the
commission is a party.
(5) The grant by the commission of a subsidy or privilege.
(6) The issuance and placement of commission debt
obligations.
(7) The deposit of commission funds.
(8) Other transactions in which the commission has a
financial interest.
["Economic development activity" or "economic development"
shall mean any structure of facility or any development within
the Port District in connection with manufacturing, port-
oriented development, foreign trade zone site development or
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research, commercial, industrial or recreational purposes, or
for purposes of warehousing or consumer and supporting services
directly relating to any of the foregoing or to any authority
project or facility which are required for the sound economic
development of the Port District.]
"Employe" shall include all persons employed by the
commission other than officers and directors.
"Immediate family member" shall include the spouse, parent,
stepparent, parent-in-law, grandparent, child, stepchild,
grandchild, brother, sister, stepbrother, stepsister, half-
brother, half-sister, aunt, uncle, niece or nephew of any
current commissioner, officer or employe, whether related by
blood, marriage or adoption.
"Officer" shall include the chief executive officer, deputy
chief executive officer, corporate secretary, treasurer, chief
public safety officer or police chief, chief financial officer,
chief administrative officer, chief operating officer, the Port
Authority Transit Corporation general manager and assistant
general manager, general counsel or any similar position created
by the commission.
"Political activity" shall mean an activity on behalf of a
political party, candidate, political committee or campaign,
which is intended to advance the interests of a specific party,
candidate, political committee or campaign for elective office.
(1) The term shall include:
(a) Organizing a campaign meeting, campaign rally or other
campaign event, including a fundraiser where campaign
contributions are solicited or received.
(b) Preparing or completing responses to candidate
questionnaires that are intended solely for campaign use.
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(c) Preparing a campaign finance report.
(d) Conducting background research on a candidate.
(e) Preparing or conducting a campaign poll.
(f) Preparing, circulating or filing a candidate nominating
petition or papers.
(g) Participating in, preparing, reviewing or filing a legal
challenge to a nominating petition.
(h) Preparing, distributing or mailing campaign literature,
campaign signs or other campaign material, including television
and radio advertisements, website construction, e-mails,
facsimiles and robocalls, on behalf of any candidate for
elective office.
(i) Managing a campaign for elective office.
(j) Participating in, preparing, reviewing or filing a
document in a recount, challenge or contest of an election.
(k) Posting campaign-related information on an Internet
website, including social media websites.
(l) Soliciting or receiving campaign contributions in a
commission office, on commission property or with commission
resources.
(m) Using commission resources to create, store or maintain
a mailing list that identifies the listed individuals as
campaign volunteers or contributors to a candidate, political
party, political committee, campaign or campaign committee.
(n) Developing a list for the purpose of monitoring or
tracking campaign activity or campaign contributions of any
commission employe.
(2) The term shall not include:
(a) Registering and voting in an election.
(b) Expressing an opinion as an individual privately or
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publicly on political subjects and candidates.
(c) Displaying a political picture, sticker, badge or button
when not on duty and at locations other than the workplace and
commission property.
(d) Participating in the nonpartisan activities of a civic,
community, social, labor or professional organization or of a
similar organization.
(e) Being a member of a political party or other political
organization or club and participating in its activities to the
extent consistent with this compact.
(f) Attending a political convention, rally, fundraising
function or other political gathering.
(g) Signing a political petition as an individual.
(h) Making a financial contribution to a political party or
organization.
(i) Being politically active in connection with a question
which is not specifically identified with a political party,
such as any constitutional amendment, referendum, approval of a
municipal ordinance or other question or issue of a similar
character.
(j) Otherwise participating fully in public affairs, except
as prohibited by law, in a manner which does not materially
compromise efficiency or integrity as an employe or the
efficiency or integrity of the commission.
"Relative" shall mean any:
(a) Spouse, parent, stepparent, parent-in-law, grandparent,
child, stepchild, grandchild, brother, sister, stepbrother,
stepsister, half-brother, half-sister, aunt, uncle, niece or
nephew of any current commissioner, officer or employe, whether
related by blood, marriage or adoption.
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(b) Significant other of a commissioner, officer, director
or employe.
(c) Individual residing in the same household as a
commissioner, officer, director or employe.
"Terminal" shall include any marine, motor truck, motorbus,
railroad and air terminal or garage, also any coal, grain and
lumber terminal and any union freight and other terminals used
or to be used in connection with the transportation of
passengers and freight, and equipment, materials and supplies
therefor.
"Transportation facility" and "facilities for transportation
of passengers" shall include railroads operated by steam,
electricity or other power, rapid transit lines, motor trucks,
motorbuses, tunnels, bridges, airports, boats, ferries,
carfloats, lighters, tugs, floating elevators, barges, scows, or
harbor craft of any kind, and aircraft, and equipment, materials
and supplies therefor.
"Terminal facility" shall include wharves, piers, slips,
berths, ferries, docks, drydocks, ship repair yards, bulkheads,
dock walls, basins, carfloats, floatbridges, dredging equipment,
radio receiving and sending stations, grain or other storage
elevators, warehouses, cold storage, tracks, yards, sheds,
switches, connections, overhead appliances, bunker coal, oil and
fresh water stations, markets, and every kind of terminal,
storage or supply facility now in use, or hereafter designed for
use to facilitate passenger transportation and for the handling,
storage, loading or unloading of freight at terminals, and
equipment, materials and supplies therefor.
"Transportation of passengers" and "passenger transportation"
shall mean the transportation of passengers by railroad or other
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facilities.
"Rapid transit system" shall mean a transit system for the
transportation of passengers, express, mail and baggage by
railroad or other facilities, and equipment, materials and
supplies therefor.
"Project" shall mean any improvement, betterment, facility or
structure authorized by or pursuant to this compact or agreement
to be constructed, erected, acquired, owned or controlled or
otherwise undertaken by the commission. "Project" shall not
include undertakings for purposes described in Article I,
subdivisions (d), (e), (g), (h) and (i).
"Railroad" shall include railways, extensions thereof,
tunnels, subways, bridges, elevated structures, tracks, poles,
wires, conduits, powerhouses, substations, lines for the
transmission of power, carbarns, shops, yards, sidings,
turnouts, switches, stations and approaches thereto, cars and
motive equipment.
"Bridge" and "tunnel" shall include such approach highways
and interests in real property necessary therefor in the
Commonwealth of Pennsylvania or the State of New Jersey as may
be determined by the commission to be necessary to facilitate
the flow of traffic in the vicinity of a bridge or tunnel or to
connect a bridge or tunnel with the highway system or other
traffic facilities in said Commonwealth or said State: Provided,
however, That the power and authority herein granted to the
commission to construct new or additional approach highways
shall not be exercised unless and until the Department of
Transportation of the Commonwealth of Pennsylvania shall have
filed with the commission its written approval as to approach
highways to be located in said Commonwealth and the State
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Highway Department of the State of New Jersey shall have filed
with the commission its written approval as to approach highways
to be located in said State.
"Facility" shall include all works, buildings, structures,
property, appliances, and equipment, together with appurtenances
necessary and convenient for the proper construction, equipment,
maintenance and operation of a facility or facilities or any one
or more of them.
"Personal property" shall include choses in action and all
other property now commonly, or legally, defined as personal
property, or which may hereafter be so defined.
"Lease" shall include rent or hire.
"Municipality" shall include a county, city, borough,
village, township, town, public agency, public authority or
political subdivision.
Words importing the singular number include the plural number
and vice versa.
Wherever legislation or action by the Legislature of either
signatory State is herein referred to, it shall mean an act of
the Legislature duly adopted in accordance with the provisions
of the Constitution of such State.
Section 2. The Governor is authorized to apply, on behalf of
the Commonwealth, to Congress for its consent and approval to
the supplemental compact or agreement set forth in section 1.
Section 3. The Governor shall not enter into any
supplemental compact or agreement under this act until the State
of New Jersey shall have passed a substantially similar act
embodying the agreement between the two states as set forth in
section 1.
Section 4. The Governor shall publish the date of approval
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by the Congress of the United States as prescribed by section 10
of Article I of the Constitution of the United States of the
supplemental compact or agreement authorized by this act as a
notice in the Pennsylvania Bulletin.
Section 5. The supplemental compact or agreement authorized
by this act shall become operative and effective upon
publication of the notice provided for under section 4 of this
act.
Section 6. This act shall take effect immediately. AS
FOLLOWS:
(1) THE AMENDMENT OF ARTICLE II OF THE COMPACT SHALL
TAKE EFFECT DECEMBER 31, 2018.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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