| PRINTER'S NO. 3496 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 2258 | Session of 2014 |
INTRODUCED BY VEREB, ADOLPH, W. KELLER, MARSICO, MILLARD, GRELL, MURT, WATSON, LAWRENCE, GINGRICH, GILLEN, CLYMER, O'BRIEN, P. COSTA, PEIFER, HENNESSEY, HICKERNELL, TOBASH, MOUL, BARRAR, GILLESPIE, KILLION, CAUSER, HACKETT, SAYLOR, DELOZIER, PETRI, O'NEILL, R. MILLER, GROVE, HARPER, TOEPEL, R. BROWN, QUINN, EMRICK, BENNINGHOFF, PYLE AND HEFFLEY, MAY 1, 2014
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 1, 2014
AN ACT
1Amending the act of June 12, 1931 (P.L.575, No.200), entitled
2"An act providing for joint action by Pennsylvania and New
3Jersey in the development of the ports on the lower Delaware
4River, and the improvement of the facilities for
5transportation across the river; authorizing the Governor,
6for these purposes, to enter into an agreement with New
7Jersey; creating The Delaware River Joint Commission and
8specifying the powers and duties thereof, including the power
9to finance projects by the issuance of revenue bonds;
10transferring to the new commission all the powers of the
11Delaware River Bridge Joint Commission; and making an
12appropriation," further providing for the Delaware River
13Joint Commission, for composition, for employees, for
14financing and for executive sessions; providing for majority
15approval and contract procedures; further providing for
16report; providing for conflicts of interest, for master plan
17and creating the Port Authority Transit Corporation
18Commuter's Council; further providing for definitions;
19authorizing the Governor to apply for approval; prohibiting
20the entrance into a compact until passage of a similar act;
21and making editorial changes.
22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:
24Section 1. The Governor is authorized to enter into a
25supplemental compact or agreement, on behalf of the
1Commonwealth, with the State of New Jersey, further amending and
2supplementing the compact or agreement between the Commonwealth
3and the State of New Jersey entitled "Agreement between the
4Commonwealth of Pennsylvania and the State of New Jersey
5creating The Delaware River Joint Commission as a body corporate
6and politic and defining its powers and duties," which was
7executed on behalf of the Commonwealth of Pennsylvania by its
8Governor on July first, one thousand nine hundred and thirty-
9one, and on behalf of the State of New Jersey by the New Jersey
10Interstate Bridge Commission by its members on July first, one
11thousand nine hundred and thirty-one, and which was consented to
12by the Congress of the United States by Public Resolution Number
13twenty-six, being chapter two hundred fifty-eight of the Public
14Laws, Seventy-second Congress, approved June fourteenth, one
15thousand nine hundred and thirty-two, which supplemental compact
16and agreement shall be in substantially the following form:
17Supplemental agreement between the Commonwealth of
18Pennsylvania and the State of New Jersey further amending and
19supplementing the agreement entitled "Agreement between the
20Commonwealth of Pennsylvania and the State of New Jersey
21creating The Delaware River Joint Commission as a body corporate
22and politic and defining its powers and duties," further
23providing for The Delaware River Joint Commission, for
24composition, for employees, for financing and for executive
25sessions; providing for majority approval and contract
26procedures; further providing for report; providing for
27conflicts of interest, for master plan and creating the Port
28Authority Transit Corporation Commuter's Council; further
29providing for definitions; authorizing the Governor to apply for
30approval; prohibiting the entrance into a compact until passage
1of a similar act; and making editorial changes.
2The Commonwealth of Pennsylvania and the State of New Jersey
3do solemnly covenant and agree, each with the other, that the
4compact or agreement entitled "Agreement between the
5Commonwealth of Pennsylvania and the State of New Jersey
6creating The Delaware River Joint Commission as a body corporate
7and politic and defining its powers and duties," which was
8executed on behalf of the Commonwealth of Pennsylvania by its
9Governor on July first, one thousand nine hundred and thirty-
10one, and on behalf of the State of New Jersey by the New Jersey
11Interstate Bridge Commission by its members on July first, one
12thousand nine hundred and thirty-one, and which was consented to
13by the Congress of the United States by Public Resolution Number
14twenty-six, being chapter two hundred fifty-eight of the Public
15Laws, Seventy-second Congress, approved June fourteenth, one
16thousand nine hundred and thirty-two, be amended as follows:
17(1) That Articles I, II and IV of the compact, as
18amended April 3, 1992 (P.L.57, No.19), be amended to read:
19ARTICLE I
20The body corporate and politic, heretofore created and known
21as The Delaware River Joint Commission, hereby is continued
22under the name of The Delaware River Port Authority (hereinafter
23in this agreement called the 'commission'), which shall
24constitute the public corporate instrumentality of the
25Commonwealth of Pennsylvania and the State of New Jersey for the
26following public purposes, and which shall be deemed to be
27exercising an essential governmental function in effectuating
28such purposes, to wit:
29(a) The operation and maintenance of the bridge, owned
30jointly by the two States, across the Delaware River between the
1City of Philadelphia in the Commonwealth of Pennsylvania and the
2City of Camden in the State of New Jersey, including its
3approaches, and the making of additions and improvements
4thereto.
5(b) The effectuation, establishment, construction,
6acquisition, operation and maintenance of railroad or other
7facilities for the transportation of passengers across any
8bridge or tunnel owned or controlled by the commission,
9including extensions of such railroad or other facilities
10necessary for efficient operation in the Port District.
11(c) The improvement and development of the Port District for
12port purposes by or through the acquisition, construction,
13maintenance or operation of any and all projects for the
14improvement and development of the Port District for port
15purposes, or directly related thereto, either directly by
16purchase, lease or contract, or by lease or agreement with any
17other public or private body or corporation, or in any other
18manner.
19(d) Cooperation with all other bodies interested or
20concerned with, or affected by the promotion, development or use
21of the Delaware River and the Port District.
22(e) The procurement from the Government of the United States
23of any consents which may be requisite to enable any project
24within its powers to be carried forward.
25(f) The construction, acquisition, operation and maintenance
26of other bridges and tunnels across or under the Delaware River,
27between the City of Philadelphia or the County of Delaware in
28the Commonwealth of Pennsylvania, and the State of New Jersey,
29including approaches, and the making of additions and
30improvements thereto.
1(g) The promotion as a highway of commerce of the Delaware
2River, and the promotion of increased passenger and freight
3commerce on the Delaware River and for such purpose the
4publication of literature and the adoption of any other means as
5may be deemed appropriate.
6(h) To study and make recommendations to the proper
7authorities for the improvement of terminal, lighterage,
8wharfage, warehouse and other facilities necessary for the
9promotion of commerce on the Delaware River.
10(i) Institution through its counsel, or such other counsel
11as it shall designate, or intervention in, any litigation
12involving rates, preferences, rebates or other matters vital to
13the interest of the Port District: Provided, That notice of any
14such institution of or intervention in litigation shall be given
15promptly to the Attorney General of the Commonwealth of
16Pennsylvania and to the Attorney General of the State of New
17Jersey, and provision for such notices shall be made in a
18resolution authorizing any such intervention or litigation and
19shall be incorporated in the minutes of the commission.
20(j) The establishment, maintenance, rehabilitation,
21construction and operation of a rapid transit system for the
22transportation of passengers, express, mail, and baggage, or any
23of them, between points in New Jersey within the Port District
24and points in Pennsylvania within the Port District, and
25intermediate points. Such system may be established either by
26utilizing existing rapid transit systems, railroad facilities,
27highways and bridges within the territory involved or by the
28construction or provision of new facilities where deemed
29necessary, and may be established either directly by purchase,
30lease or contract, or by lease or agreement with any other
1public or private body or corporation, or in any other manner.
2(k) The performance of such other functions which may be of
3mutual benefit to the Commonwealth of Pennsylvania and the State
4of New Jersey insofar as concerns the promotion and development
5of the Port District for port purposes and the use of its
6facilities by commercial vessels.
7(l) The performance or effectuation of such additional
8bridge, tunnel, railroad, rapid transit, transportation,
9transportation facility, terminal, terminal facility, and port
10improvement and development purposes within the Port District as
11may hereafter be delegated to or imposed upon it by the action
12of either State concurred in by legislation of the other.
13(m) The unification of the ports of the Delaware River
14through (i) the acquisition or taking control of any terminal,
15terminal facility, transportation facility or marine terminal or
16port facility or associated property within the Port District
17through purchase, lease or otherwise, or by the acquisition,
18merger, becoming the successor to or entering into contracts,
19agreements or partnerships with any other port corporation, port
20authority or port-related entity which is located within the
21Port District, all in accordance with the applicable laws of the
22State in which the facility corporation or authority is located;
23(ii) the exercise of the other powers granted by this compact;
24or (iii) the establishment (whether solely or jointly with any
25other entity or entities) of such subsidiary corporation or
26corporations or maritime or port advisory committees as may be
27necessary or desirable to effectuate this purpose.
28(n) The planning, financing, development, acquisition,
29construction, purchase, lease, maintenance, marketing,
30improvement and operation of any project directly relating to
1the operation of the Delaware River Port Authority, including,
2but not limited to, any terminal, terminal facility,
3transportation facility or any other facility of commerce [or
4economic development activity], from funds available after
5appropriate allocation for maintenance of bridge and other
6capital facilities.
7ARTICLE II
8The commission shall consist of sixteen commissioners, eight
9resident voters of the Commonwealth of Pennsylvania, and eight
10resident voters of the State of New Jersey, who shall serve
11without compensation.
12The commissioners for the State of New Jersey shall be
13appointed by the Governor of New Jersey with the advice and
14consent of the Senate of New Jersey, for terms of five years,
15and in case of a vacancy occurring in the office of commissioner
16during a recess of the Legislature, it may be filled by the
17Governor by an ad interim appointment, which shall expire at the
18end of the next regular session of the Senate unless a successor
19shall be sooner appointed and qualify and, after the end of the
20session, no ad interim appointment to the same vacancy shall be
21made unless the Governor shall have submitted to the Senate a
22nomination to the office during the session and the Senate shall
23have adjourned without confirming or rejecting it; and no person
24nominated for any such vacancy shall be eligible for an ad
25interim appointment to such office if the nomination shall have
26failed of confirmation by the Senate.
27Six of the eight commissioners for the Commonwealth of
28Pennsylvania shall be appointed by the Governor of Pennsylvania
29for terms of five years. The Auditor General and the State
30Treasurer of said Commonwealth shall, ex-officio, be
1commissioners for said Commonwealth, each having the privilege
2of appointing a representative to serve in his place at any
3meeting of the commission which he does not attend personally.
4Any commissioner who is an elected public official shall have
5the privilege of appointing a representative to serve and act in
6his place at any meeting of the commission which he does not
7attend personally.
8Pennsylvania commissioners who are not ex-officio members of
9the commission shall be confirmed by a majority of the members
10elected to the Pennsylvania Senate.
11All commissioners shall continue to hold office after the
12expiration of the terms for which they are appointed or elected
13until their respective successors are appointed and qualify, but
14no period during which any commissioner shall hold over shall be
15deemed to be an extension of his term of office for the purpose
16of computing the date on which his successor's term expires.
17ARTICLE IV
18For the effectuation of its authorized purposes, the
19commission is hereby granted the following powers:
20(a) To have perpetual succession;
21(b) To sue and be sued;
22(c) To adopt and use an official seal;
23(d) To elect a chairman, vice-chairman, secretary and
24treasurer, and to adopt suitable by-laws for the management of
25its affairs. The secretary and treasurer need not be members of
26the commission.
27(e) To appoint, hire or employ counsel and such other
28officers, and such agents and employes, as it may require for
29the performance of its duties, by contract or otherwise, and fix
30and determine their qualifications, duties and compensation;
1provided that the employes of the Delaware River Port Authority
2who are residents of New Jersey shall be subject to the "New
3Jersey Employer-Employee Relations Act," P.L.1941, c.100
4(C.34:13A-1 et seq.); employes of the Delaware River Port
5Authority who are residents of Pennsylvania shall be subject to
6the act of July 23, 1970 (P.L.563, No.195), known as "The Public
7Employee Relations Act"; and shall have all of the rights
8provided to employes by those respective acts, including, but
9not limited to, the right to form, join or assist an employe
10organization, and the right to have that employe organization
11engage in collective bargaining on behalf of the employes.
12(f) To enter into contracts;
13(g) To acquire, own, hire, use, operate and dispose of
14personal property;
15(h) To acquire, own, use, lease, operate, mortgage and
16dispose of real property and interests in real property, and to
17make improvements thereon;
18(h.1) At its option, [it may] to authorize the Department of
19[Property and Supplies] General Services to prescribe standards
20and specifications and make contracts and purchases of various
21materials and services for the commission, pursuant to the
22provisions of sections 2403, 2403.1 and 2409 of the act of April
239, 1929 (P.L.177), known as "The Administrative Code of 1929."
24(i) To grant by franchise, lease or otherwise, the use of
25any property or facility owned or controlled by the commission
26and to make charges therefor;
27(j) To borrow money upon its bonds or other obligations for
28the purpose of financing any project authorized by or pursuant
29to this compact or agreement, either with or without security,
30and to make, enter into and perform any and all such covenants
1and agreements with the holders of such bonds or other
2obligations as the commission may determine to be necessary or
3desirable for the security and payment thereof, including,
4without limitation of the foregoing, covenants and agreements as
5to the management and operation of any property or facility
6owned or controlled by it, the tolls, rents, rates or other
7charges to be established, levied, made and collected for any
8use of any such property or facility, or the application, use
9and disposition of the proceeds of any bonds or other
10obligations of the commission, or the proceeds of any such
11tolls, rents, rates or other charges or any other revenues or
12moneys of the commission;
13(k) To exercise the right of eminent domain within the Port
14District;
15(l) To determine the exact location, system and character
16of, and all other matters in connection with, any and all
17improvements or facilities which it may be authorized to own,
18construct, establish, effectuate, operate or control;
19(m) In addition to the foregoing, to exercise the powers,
20duties, authority and jurisdiction heretofore conferred and
21imposed upon the aforesaid The Delaware River Joint Commission
22by the Commonwealth of Pennsylvania or the State of New Jersey,
23or both of the said two States;
24(n) To exercise all other powers, not inconsistent with the
25constitutions of the two States or of the United States, which
26may be reasonably necessary or incidental to the effectuation of
27its authorized purposes or to the exercise of any of the
28foregoing powers, except the power to levy taxes or assessments;
29and generally to exercise, in connection with its property and
30affairs and in connection with property within its control, any
1and all powers which might be exercised by a natural person or a
2private corporation in connection with similar property and
3affairs;
4(o) To acquire, purchase, construct, lease, operate,
5maintain and undertake any project directly relating to the
6operation of the Delaware River Port Authority, including any
7terminal, terminal facility, transportation facility, or any
8other facility of commerce, and to make charges for the use
9thereof;
10(p) To make expenditures anywhere in the United States and
11foreign countries, to pay commissions, and hire or contract with
12experts or consultants, and otherwise to do indirectly anything
13which the commission may do directly.
14(q) To establish one or more operating divisions as deemed
15necessary to exercise the power and effectuate the purposes of
16this agreement.
17(r) To hold executive sessions consisting of the majority of
18the members of the commission for the Commonwealth of
19Pennsylvania and a majority of the members of the commission for
20the State of New Jersey to address confidential matters,
21including matters concerning litigation, personnel, contractual
22negotiations and contract review. Neither the commissioners for
23the Commonwealth of Pennsylvania nor the commissioners for the
24State of New Jersey may meet in caucus separately from the
25members of the other state.
26[The commission shall also have such additional powers as may
27hereafter be delegated to or imposed upon it from time to time
28by the action of either State concurred in by legislation of the
29other.
30It is the policy and intent of the Legislatures of the
1Commonwealth of Pennsylvania and the State of New Jersey that
2the powers granted by this Article shall be so exercised that
3the American system of free competitive private enterprise is
4given full consideration and is maintained and furthered. In
5making its reports and recommendations to the Legislatures of
6the Commonwealth of Pennsylvania and the State of New Jersey on
7the need for any facility or project which the commission
8believes should be undertaken for the promotion and development
9of the Port District, the commission shall include therein its
10findings which fully set forth that the facility or facilities
11operated by private enterprise within the Port District and
12which it is intended shall be supplanted or added to are not
13adequate.]
14(2) That the compact be amended by adding an article to
15read:
16ARTICLE IV-A
17The commission shall not negotiate, extend, amend or
18otherwise alter the terms of a contract, or enter into any
19contract, unless such action is voted on and approved by the
20board in a public session and notice of such session is provided
21to the public pursuant to subsection c. of section 3 of
22P.L.1991, c.400 (C.32:3-4.7).
23The commission shall use best practices in the procurement of
24necessary items and services, which shall include the
25requirement that the commission procure all supplies, services
26and construction pursuant to the provisions of 62 Pa.C.S. Pt. I
27(relating to Commonwealth Procurement Code) and all pertinent
28laws of the State of New Jersey.
29The commission shall establish, on its official Internet
30website, a secure online process to allow prospective qualified
1vendors to complete online any documents the commission requires
2concerning requests for proposals.
3The commission shall also have such additional powers as may
4hereafter be delegated to or imposed upon it from time to time
5by the action of either state concurred in by legislation of the
6other.
7It is the policy and intent of the Legislatures of the
8Commonwealth of Pennsylvania and the State of New Jersey that
9the powers granted by this article shall be so exercised that
10the American system of free competitive private enterprise is
11given full consideration and is maintained and furthered. In
12making its reports and recommendations to the Legislatures of
13the Commonwealth of Pennsylvania and the State of New Jersey on
14the need for any facility or project which the commission
15believes should be undertaken for the promotion and development
16of the Port District, the commission shall include therein its
17findings which fully set forth that the facility or facilities
18operated by private enterprise within the Port District and
19which it is intended shall be supplanted or added to are not
20adequate.
21(3) That Article XII of the compact, as amended April 3,
221992 (P.L.57, No.19), be amended to read:
23ARTICLE XII
24The commission shall, within ninety days after the end of
25each fiscal year, submit to the Governors and Legislatures of
26the Commonwealth of Pennsylvania and the State of New Jersey a
27complete and detailed report of the following:
28(1) its operations and accomplishments during the completed
29fiscal year;
30(2) its receipts and disbursements or revenues and expenses
1during that year in accordance with the categories and
2classifications established by the commission for its own
3operating and capital outlay purposes;
4(3) its assets and liabilities at the end of the fiscal
5year, including the status or reserve, depreciation, special or
6other funds including debits and credits of these funds;
7(4) a schedule of bonds and notes outstanding at the end of
8the fiscal year;
9(5) a list of all contracts exceeding $100,000 entered into
10during the fiscal year;
11(6) a business or strategic plan for the commission and for
12each of its operating divisions; and
13(7) a five-year capital plan.
14[Not less than once every five years the commission shall
15cause a management audit of its operational effectiveness and
16efficiency to be conducted by an independent consulting firm
17selected by the commission. The first management audit to be
18conducted shall commence within three years of the date of
19coming into force of the supplemental compact or agreement
20authorized by this 1991 amendatory act. This audit is in
21addition to any other audit which the commission determines to
22conduct from time to time.]
23The commission shall submit biennially to an audit of its
24budget conducted by an independent auditor selected by the New
25Jersey Comptroller and the Auditor General of Pennsylvania and
26approved by the Governors of New Jersey and Pennsylvania. The
27audit shall be provided to the Governors and Legislatures of the
28State of New Jersey and the Commonwealth of Pennsylvania no
29later than December 31 of every even-numbered year and shall
30include all expenditures, revenues and financial operations of
1the commission. Failure to submit to this audit shall result in
2the forfeiture of the salary of every officer of the commission
3or employe employed by the commission at a level at or exceeding
4the level of director, or acting director, until such time as
5the audit is complete.
6The commission shall submit biennially to a performance
7review audit conducted by an independent auditor selected by the
8New Jersey Comptroller and the Auditor General of Pennsylvania
9and approved by the Governors of New Jersey and Pennsylvania.
10The audit shall include an evaluation of whether the commission
11is achieving efficiency and effectiveness in the employment of
12its financial and operational resources and shall be provided to
13the Governors and Legislatures of the State of New Jersey and
14the Commonwealth of Pennsylvania no later than December 31 of
15every odd-numbered year. Failure to submit to this audit shall
16result in the forfeiture of the salary of every officer of the
17commission or employe employed by the commission at a level at
18or exceeding the level of director, or acting director, until
19such time as the audit is complete.
20Every two years the commission shall conduct a review of the
21compensation of commission employes and officers for the purpose
22of ensuring that compensation is commensurate with duties
23performed. The commission shall provide a report on the
24compensation of its employes and officers to the Governors and
25Legislatures of the State of New Jersey and the Commonwealth of
26Pennsylvania by June thirtieth of every even-numbered year. The
27report shall provide the salary range of each job title and
28shall include the following information concerning each
29commission employe and officer:
30(a) names;
1(b) annual salary;
2(c) job title;
3(d) hiring date; and
4(e) job description.
5Failure to conduct this review shall result in the forfeiture of
6the salary of every officer of the commission or employe
7employed by the commission at a level at or exceeding the level
8of director, or acting director, until such time as the review
9is complete.
10[The commission shall, not later than two years after the
11date of the coming into force of the supplemental compact or
12agreement authorized by this 1992 amendatory act, prepare a
13comprehensive master plan for the development of the Port
14District. The plan shall include, but not be limited to, plans
15for the construction, financing, development, reconstruction,
16purchase, lease, improvement and operation of any terminal,
17terminal facility, transportation facility or any other facility
18of commerce or economic development activity. The master plan
19shall include the general location of such projects and
20facilities as may be included in the master plan and shall to
21the maximum extent practicable include, but not be limited to, a
22general description of each such projects and facilities, the
23land use requirements necessary therefor, and estimates of
24project costs and of a schedule for commencement of each such
25project. Prior to adopting such master plan, the commission
26shall give written notice to, afford a reasonable opportunity
27for comment, consult with and consider any recommendations from
28State, county and municipal government, as well as commissions,
29public corporations and authorities and the private sector. The
30commission may modify or change any part of the plan in the same
1form and manner as provided for the adoption of the original
2plan. At the time the commission authorizes any project or
3facility, the commission shall promptly provide to the Governor
4and Legislature of each State a detailed report on the project,
5including its status within the master plan. The commission
6shall include within the authorization a status of the project
7or facility in the master plan and any amendment thereof, and no
8project shall be authorized if not included in the master plan
9or amendment thereof. Any project which has been commenced and
10approved by the commission prior to the adoption of the master
11plan shall be included, for informational purposes only, in the
12master plan. The commission shall provide notice of such ongoing
13projects to those State, county and municipal governments, as
14well as entities in the private sector who would be entitled to
15such notice had the project not been commenced in anticipation
16of adopting the master plan, but there shall be not requirement
17that the project be delayed or deferred due to those provisions.
18In addition to other powers conferred upon it, and not in
19limitation thereof, the commission may acquire all right, title
20and interest in and to the Tacony-Palmyra Bridge, across the
21Delaware River at Palmyra, New Jersey, together with any
22approaches and interests in real property necessary thereto. The
23acquisition of such bridge, approaches and interests by the
24commission shall be by purchase or by condemnation in accordance
25with the provisions of the Federal law consenting to or
26authorizing the construction of such bridge or approaches, or
27the acquisition of such bridge, approaches or interests by the
28commission shall be pursuant to and in accordance with the
29provisions of sections 48:5-22 and 48:5-23 of the Revised
30Statutes of New Jersey, and for all the purposes of said
1provisions and sections the commission is hereby appointed as
2the agency of the State of New Jersey and the Commonwealth of
3Pennsylvania exercising the rights and powers granted or
4reserved by said Federal law or sections to the State of New
5Jersey and Commonwealth of Pennsylvania jointly or to the State
6of New Jersey acting in conjunction with the Commonwealth of
7Pennsylvania. The commission shall have authority to so acquire
8such bridge, approaches and interests, whether the same be
9owned, held, operated or maintained by any private person, firm,
10partnership, company, association or corporation or by any
11instrumentality, public body, commission, public agency or
12political subdivision (including any county or municipality) of,
13or created by or in, the State of New Jersey or the Commonwealth
14of Pennsylvania, or by any instrumentality, public body,
15commission or public agency of, or created by or in, a political
16subdivision (including any county or municipality) of the State
17of New Jersey or the Commonwealth of Pennsylvania. None of the
18provisions of the preceding paragraph shall be applicable with
19respect to the acquisition by the commission, pursuant to this
20paragraph, of said Tacony-Palmyra Bridge, approaches and
21interests. The power and authority herein granted to the
22commission to acquire said Tacony-Palmyra Bridge, approaches and
23interests shall not be exercised unless and until the Governor
24of the State of New Jersey and the Governor of the Commonwealth
25of Pennsylvania have filed with the commission their written
26consents to such acquisition.
27Notwithstanding any provision of this agreement, nothing
28herein contained shall be construed to limit or impair any right
29or power granted or to be granted to the Pennsylvania Turnpike
30Commission or the New Jersey Turnpike Authority, to finance,
1construct, operate and maintain the Pennsylvania Turnpike System
2or any turnpike project of the New Jersey Turnpike Authority,
3respectively, throughout the Port District, including the right
4and power, acting alone or in conjunction with each other, to
5provide for the financing, construction, operation and
6maintenance of one bridge across the Delaware River south of the
7City of Trenton in the State of New Jersey: Provided, That such
8bridge shall not be constructed within a distance of ten miles,
9measured along the boundary line between the Commonwealth of
10Pennsylvania and the State of New Jersey, from the existing
11bridge, operated and maintained by the commission, across the
12Delaware River between the City of Philadelphia in the
13Commonwealth of Pennsylvania and the City of Camden in the State
14of New Jersey, so long as there are any outstanding bonds or
15other securities or obligations of the commission for which the
16tolls, rents, rates, or other revenues, or any part thereof, of
17said existing bridge shall have been pledged. Nothing contained
18in this agreement shall be construed to authorize the commission
19to condemn any such bridge.
20Anything herein contained to the contrary notwithstanding, no
21bridge or tunnel shall be constructed, acquired, operated or
22maintained by the commission across or under the Delaware River
23north of the boundary line between Bucks County and Philadelphia
24County in the Commonwealth of Pennsylvania as extended across
25the Delaware River to the New Jersey shore of said river, and
26any new bridge or tunnel authorized by or pursuant to this
27compact or agreement to be constructed or erected by the
28commission may be constructed or erected at any location south
29of said boundary line notwithstanding the terms and provisions
30of any other agreement between the Commonwealth of Pennsylvania
1and the State of New Jersey. Except as may hereafter be
2otherwise provided in conformity with Article IX hereof with
3respect to specific properties designated by action of the
4Legislatures of both of the signatory States, no property or
5facility owned or controlled by the commission shall be acquired
6from it by any exercise of powers of condemnation or eminent
7domain.]
8(4) That the compact be amended by adding articles to
9read:
10ARTICLE XII-A
11(1) (a) All commissioners, directors, officers and employes
12of the commission shall practice due diligence to avoid
13situations in which their personal interest, activities or
14financial affairs are, or are reasonably perceived as being, in
15conflict with the interests of the commission. Prior to each
16board meeting conducted pursuant to section 3 of P.L.1991, c.400
17(C.32:3-4.7), the commission shall circulate a list of entities
18that will be the subject of board action. Board members shall
19identify in writing any conflicts in advance of board meetings.
20(b) It shall be a conflict of interest for commissioners,
21directors, officers or employes to engage in political activity
22or electioneering using commission resources or equipment, or
23during work hours, commission meetings or other activities
24primarily related to employment with the commission.
25(c) No commissioner, director, officer or employe of the
26commission shall have an interest in a business organization or
27engage in any business, transaction or professional activity,
28which is in substantial conflict with the proper discharge of
29the duties of the commissioners, directors, officers or employes
30in the public interest. No commissioner, director, officer or
1employe shall use or attempt to use an official position to
2secure unwarranted privileges, exemptions, advantages or
3employment.
4(d) No commissioner, director, officer or employe may
5directly or indirectly solicit, request, suggest or recommend to
6any contractor, vendor or grant recipient, holding company,
7affiliate, intermediary or subsidiary thereof, doing business
8with the commission for the appointment or employment of any
9person in any capacity.
10(e) No commissioner, director, officer or employe of the
11commission or any immediate family member of a commissioner,
12director, officer or employe of the commission shall solicit or
13accept any gift or item of value for personal benefit under any
14circumstance which could be reasonably expected to influence, or
15which may be perceived as being reasonably expected to
16influence, the manner in which a commissioner, director, officer
17or employe conducts the public business of the commission.
18(f) No commissioner, director, officer or employe of the
19commission or any immediate family member of a commissioner,
20director, officer or employe of the commission shall exert any
21undue influence with respect to any act of the commission,
22including the selection of contractors, the hiring of or
23dismissal of employes or the making of any other decision where
24the influence of the commissioner, director, officer or employe
25is, or is likely to be perceived as, an interference with the
26independent and objective decisions of the commission.
27(g) No employe employed as an officer, director or acting
28director, or employed at a level exceeding that of an officer,
29director or acting director, shall accept or engage in
30employment with any professional service provider, vendor or
1independent contractor of the commission for a period of two
2years from the date of the termination of their employment with
3the commission.
4(h) The commission shall not enter into a contract with a
5person, corporation or other legal entity that:
6(1) is owned wholly or in part by a commissioner, director,
7officer or employe or his relative; or
8(2) a commissioner, director, officer or employe or his
9relative has entered into a contractual or business relationship
10with or has received a personal pecuniary benefit therefrom.
11(i) No person employed as a director or acting director, or
12employed at a level exceeding that of an officer, director or
13acting director, shall hold outside employment.
14(j) No commissioner, director or officer of the commission
15shall make a charitable contribution, including a donation or
16gift of money or anything of value, on behalf of the commission.
17(k) The commission shall not make monetary contributions to
18charitable and civic organizations. A request for in-kind
19support to a charitable or civic organization shall be approved
20by the commission at a public meeting.
21(l) Each commissioner shall file financial statements in
22compliance with the law of the state from which the commissioner
23was appointed.
24(2) (a) No commissioner, director, officer or employe of
25the commission shall be paid compensation higher than the lesser
26salary of either the Governor of the State of New Jersey or the
27Governor of the Commonwealth of Pennsylvania.
28(b) The commission shall not compensate any commissioner,
29director, officer or employe for expenses related to the use of
30a vehicle that is procured by or for the commissioner, director,
1officer or employe primarily for personal use or for the purpose
2of commuting between home and work.
3(c) The commission shall not extend to any commissioner,
4director, officer or employe a personal line of credit or any
5other form of credit agreement or compensation for any purpose.
6(d) The commission is prohibited from entering into a
7contract containing, or contingent upon, a written agreement or
8understanding which requires a party to make a payment of a
9portion of any consideration, commission, premium or fee
10received under or attributable to the contract, with a person or
11entity not a party to the contract. The commission is required
12to include a provision in its contracts providing that no party
13to the contract shall be required to make a payment of a portion
14of any consideration, commission, premium or fee received under
15or attributable to the contract, with a person or entity not a
16party to the contract. A person or entity, which is a party to a
17contract with the commission, is prohibited from offering to
18make or making a payment to another person or entity having a
19separate contractual relationship with the commission in order
20to obtain contracts or agreements with the commission. A person
21or entity, which is a party to a contract with the commission,
22is prohibited from receiving or soliciting payment of a portion
23of any consideration, commission, premium or fee received under
24or attributable to a separate contractual relationship between
25the commission and another person or entity.
26(e) No commissioner, director, officer or employe shall
27receive any lump sum expense allowance or contingent fund for
28personal or official expenses except where the allowance or fund
29is expressly provided for by statute or legislative
30appropriation.
1(f) No commissioner, director, officer or employe shall be
2exempt from payment of any toll relating to the use of a
3commission toll bridge or toll road, and the commission shall
4not compensate any commissioner, director, officer or employe
5for payment of the toll.
6(g) The commission shall require any current or prospective
7vendor, including any director, officer, principal or partner
8thereof, with which the commission conducts business for any
9purpose or is in the process of establishing a business
10relationship for any purpose to annually disclose a list of
11current political campaign contributions made by the vendor, and
12any such contributions made within four years prior to the
13vendor's involvement with the commission.
14(3) The commission shall be subject to the provisions of the
15Pennsylvania act of February 14, 2008 (P.L.6, No.3), known as
16the Right-to-Know Law, or to the provisions of P.L.1963, c.73
17(C.47:1A-1 et seq.), commonly known as the open public records
18act, as selected by the person or entity requesting the records.
19(4) The commission shall adopt, within six months of the
20effective date of this section, appropriate rules and
21regulations concerning proper notice to the public and the news
22media of its meetings and the right of the public and the news
23media to be present at its meetings. The rules and regulations
24adopted pursuant to this section shall provide for the same
25notice and right of the public and news media to be present as
26well as any other rights and duties provided in the "Senator
27Byron M. Baer Open Public Meetings Act," P.L. 1975, c.231
28(C.10:4-6 et seq.) and the Pennsylvania act of October 15, 1998
29(P.L.729, No.93), known as the "Sunshine Act." To the extent
30these laws conflict, the commission shall incorporate into the
1rules and regulations the provisions of that law which provide
2for the greatest rights to the public and the news media.
3(5) The commission shall not vote on any matter concerning a
4commission contract unless notice is provided to the public at
5least thirty days prior to the scheduled action by the
6commission.
7(6) The Attorney General of the Commonwealth of Pennsylvania
8and the Attorney General of the State of New Jersey are hereby
9authorized to take action under the laws of the Commonwealth of
10Pennsylvania and the State of New Jersey to enforce the
11provisions of the compact or agreement.
12ARTICLE XIII
13The commission shall, not later than two years after the
14effective date of the supplemental compact or agreement
15authorized by this 2014 amendatory act, prepare a comprehensive
16master plan for the development of the Port District. The plan
17shall include, but not be limited to, plans for the
18construction, financing, development, reconstruction, purchase,
19lease, improvement and operation of any terminal, terminal
20facility, transportation facility or any other facility of
21commerce. The master plan shall include the general location of
22such projects and facilities as may be included in the master
23plan and shall to the maximum extent practicable include, but
24not be limited to, a general description of each such projects
25and facilities, the land use requirements necessary therefor and
26estimates of project costs and of a schedule for commencement of
27each such project. Prior to adopting such master plan, the
28commission shall give written notice to, afford a reasonable
29opportunity for comment, consult with and consider any
30recommendations from state, county and municipal government, as
1well as commissions, public corporations and authorities and the
2private sector. The commission may modify or change any part of
3the plan in the same form and manner as provided for the
4adoption of the original plan. At the time the commission
5authorizes any project or facility, the commission shall
6promptly provide to the Governor and Legislature of each state a
7detailed report on the project, including its status within the
8master plan. The commission shall include within the
9authorization a status of the project or facility in the master
10plan and any amendment thereof, and no project shall be
11authorized if not included in the master plan or amendment
12thereof. Any project which has been commenced and approved by
13the commission prior to the adoption of the master plan shall be
14included, for informational purposes only, in the master plan.
15The commission shall provide notice of such ongoing projects to
16those state, county and municipal governments, as well as
17entities in the private sector who would be entitled to such
18notice had the project not been commenced in anticipation of
19adopting the master plan, but there shall be no requirement that
20the project be delayed or deferred due to those provisions.
21In addition to other powers conferred upon it, and not in
22limitation thereof, the commission may acquire all right, title
23and interest in and to the Tacony-Palmyra Bridge, across the
24Delaware River at Palmyra, New Jersey, together with any
25approaches and interests in real property necessary thereto. The
26acquisition of such bridge, approaches and interests by the
27commission shall be by purchase or by condemnation in accordance
28with the provisions of the Federal law consenting to or
29authorizing the construction of such bridge or approaches, or
30the acquisition of such bridge, approaches or interests by the
1commission shall be pursuant to and in accordance with the
2provisions of sections 48:5-22 and 48:5-23 of the Revised
3Statutes of New Jersey, and for all the purposes of said
4provisions and sections the commission is hereby appointed as
5the agency of the State of New Jersey and the Commonwealth of
6Pennsylvania exercising the rights and powers granted or
7reserved by said Federal law or sections to the State of New
8Jersey and Commonwealth of Pennsylvania jointly or to the State
9of New Jersey acting in conjunction with the Commonwealth of
10Pennsylvania. The commission shall have authority to so acquire
11such bridge, approaches and interests, whether the same be
12owned, held, operated or maintained by any private person, firm,
13partnership, company, association or corporation or by any
14instrumentality, public body, commission, public agency or
15political subdivision, including any county or municipality, of,
16or created by or in, the State of New Jersey or the Commonwealth
17of Pennsylvania, or by any instrumentality, public body,
18commission or public agency of, or created by or in, a political
19subdivision, including any county or municipality, of the State
20of New Jersey or the Commonwealth of Pennsylvania. None of the
21provisions of the preceding paragraph shall be applicable with
22respect to the acquisition by the commission, pursuant to this
23paragraph, of said Tacony-Palmyra Bridge, approaches and
24interests. The power and authority herein granted to the
25commission to acquire said Tacony-Palmyra Bridge, approaches and
26interests shall not be exercised unless and until the Governor
27of the State of New Jersey and the Governor of the Commonwealth
28of Pennsylvania have filed with the commission their written
29consents to such acquisition.
30Notwithstanding any provision of this agreement, nothing
1herein contained shall be construed to limit or impair any right
2or power granted or to be granted to the Pennsylvania Turnpike
3Commission or the New Jersey Turnpike Authority, to finance,
4construct, operate and maintain the Pennsylvania Turnpike System
5or any turnpike project of the New Jersey Turnpike Authority,
6respectively, throughout the Port District, including the right
7and power, acting alone or in conjunction with each other, to
8provide for the financing, construction, operation and
9maintenance of one bridge across the Delaware River south of the
10City of Trenton in the State of New Jersey: Provided, That such
11bridge shall not be constructed within a distance of ten miles,
12measured along the boundary line between the Commonwealth of
13Pennsylvania and the State of New Jersey, from the existing
14bridge, operated and maintained by the commission, across the
15Delaware River between the City of Philadelphia in the
16Commonwealth of Pennsylvania and the City of Camden in the State
17of New Jersey, so long as there are any outstanding bonds or
18other securities or obligations of the commission for which the
19tolls, rents, rates, or other revenues, or any part thereof, of
20said existing bridge shall have been pledged. Nothing contained
21in this agreement shall be construed to authorize the commission
22to condemn any such bridge.
23Anything herein contained to the contrary notwithstanding, no
24bridge or tunnel shall be constructed, acquired, operated or
25maintained by the commission across or under the Delaware River
26north of the boundary line between Bucks County and Philadelphia
27County in the Commonwealth of Pennsylvania as extended across
28the Delaware River to the New Jersey shore of said river, and
29any new bridge or tunnel authorized by or pursuant to this
30compact or agreement to be constructed or erected by the
1commission may be constructed or erected at any location south
2of said boundary line notwithstanding the terms and provisions
3of any other agreement between the Commonwealth of Pennsylvania
4and the State of New Jersey. Except as may hereafter be
5otherwise provided in conformity with Article IX hereof with
6respect to specific properties designated by action of the
7Legislatures of both of the signatory states, no property or
8facility owned or controlled by the commission shall be acquired
9from it by any exercise of powers of condemnation or eminent
10domain.
11(5) That the heading of Article XII-A of the compact,
12added August 10, 1951 (P.L.1206, No.274), be renumbered to
13read:
14ARTICLE [XII-A] XIII-A
15(6) That the heading of Article XII-B of the compact,
16added June 11, 1963 (P.L.102, No.69), be renumbered to read:
17ARTICLE [XII-B] XIII-B
18(7) That the compact be amended by adding an article to
19read:
20ARTICLE XIII-C
21(1) There is created under the commission the Port Authority
22Transit Corporation Commuter's Council, to study, investigate,
23monitor and make recommendations with respect to the maintenance
24and operation of the Port Authority Transit Corporation's
25facilities for the transportation of passengers. The council
26shall study and investigate all aspects of the day-to-day
27operations of the Port Authority Transit Corporation, monitor
28its performance and recommend changes to improve the efficiency
29of the operation of Port Authority Transit Corporation service.
30(2) The council shall consist of four resident voters of the
1Commonwealth of Pennsylvania and four resident voters of the
2State of New Jersey, who shall be commuters regularly using the
3transportation services of the Port Authority Transit
4Corporation. The members from the Commonwealth of Pennsylvania
5shall be appointed by the Governor of Pennsylvania, subject to
6confirmation by a majority of members of the Pennsylvania
7Senate, and the members from the State of New Jersey shall be
8appointed by the Governor of New Jersey. Each of the members
9shall serve for a term of three years. Vacancies occurring in
10the membership of the council shall be filled in the same manner
11as the original appointment.
12(3) Members of the council shall serve without compensation
13but may be reimbursed, subject to the limits of funds
14appropriated or otherwise made available for those purposes, for
15expenses actually incurred in attending meetings of the council
16and in performance of their duties as members of the council.
17(4) The commission shall provide the council with assistance
18and information as may be necessary for the purposes of this
19section.
20(8) That Article XIII of the compact, amended April 3,
211992, P.L.57, No.19), be amended to read:
22ARTICLE [XIII] XIV
23As used herein, unless a different meaning clearly appears
24from the context:
25"Port District" shall mean all the territory within the
26counties of Bucks, Chester, Delaware, Montgomery and
27Philadelphia in Pennsylvania, in all the territory within the
28counties of Atlantic, Burlington, Camden, Cape May, Cumberland,
29Glouster, Ocean and Salem in New Jersey.
30"Commission" shall mean The Delaware River Port Authority
1and, when required by the context, the board constituting the
2governing body thereof in charge of its property and affairs.
3"Commission resources" shall mean commission-owned or
4commission-leased equipment, including telephones, computer
5hardware or software, copiers, scanners, fax machines, file
6cabinets or other office furniture, cell phones, person digital
7assistant devices or similar electronic devices and office
8supplies.
9"Commissioner" shall mean a member of the governing body of
10The Delaware River Port Authority.
11"Director" shall include the engineering director, bridge
12directors, director of the Port of Philadelphia and Camden,
13director of risk management and safety, director of human
14resource services, director of information services, finance
15director of Port Authority Transit Corporation, director of
16revenue, director of finance, director of emergency management
17and homeland security or any similar position created by the
18commission.
19"Doing business with the commission" shall include the
20following:
21(1) Matters concerning the commission's acquisition,
22disposal or improvement of real property.
23(2) The making of the commission's contracts or the
24settlement of claims related to the commission's contracts.
25(3) The procurement of commission supplies, equipment,
26services or professional services, including without limitation,
27legal, accounting and investment services.
28(4) The initiation or settlement of litigation to which the
29commission is a party.
30(5) The grant by the commission of a subsidy or privilege.
1(6) The issuance and placement of commission debt
2obligations.
3(7) The deposit of commission funds.
4(8) Other transactions in which the commission has a
5financial interest.
6["Economic development activity" or "economic development"
7shall mean any structure of facility or any development within
8the Port District in connection with manufacturing, port-
9oriented development, foreign trade zone site development or
10research, commercial, industrial or recreational purposes, or
11for purposes of warehousing or consumer and supporting services
12directly relating to any of the foregoing or to any authority
13project or facility which are required for the sound economic
14development of the Port District.]
15"Employe" shall include all persons employed by the
16commission other than officers and directors.
17"Immediate family member" shall include the spouse, parent,
18stepparent, parent-in-law, grandparent, child, stepchild,
19grandchild, brother, sister, stepbrother, stepsister, half-
20brother, half-sister, aunt, uncle, niece or nephew of any
21current commissioner, officer or employe, whether related by
22blood, marriage or adoption.
23"Officer" shall include the chief executive officer, deputy
24chief executive officer, corporate secretary, treasurer, chief
25public safety officer or police chief, chief financial officer,
26chief administrative officer, chief operating officer, the Port
27Authority Transit Corporation general manager and assistant
28general manager, general counsel or any similar position created
29by the commission.
30"Political activity" shall mean an activity on behalf of a
1political party, candidate, political committee or campaign,
2which is intended to advance the interests of a specific party,
3candidate, political committee or campaign for elective office.
4(1) The term shall include:
5(a) Organizing a campaign meeting, campaign rally or other
6campaign event, including a fundraiser where campaign
7contributions are solicited or received.
8(b) Preparing or completing responses to candidate
9questionnaires that are intended solely for campaign use.
10(c) Preparing a campaign finance report.
11(d) Conducting background research on a candidate.
12(e) Preparing or conducting a campaign poll.
13(f) Preparing, circulating or filing a candidate nominating
14petition or papers.
15(g) Participating in, preparing, reviewing or filing a legal
16challenge to a nominating petition.
17(h) Preparing, distributing or mailing campaign literature,
18campaign signs or other campaign material, including television
19and radio advertisements, website construction, e-mails,
20facsimiles and robocalls, on behalf of any candidate for
21elective office.
22(i) Managing a campaign for elective office.
23(j) Participating in, preparing, reviewing or filing a
24document in a recount, challenge or contest of an election.
25(k) Posting campaign-related information on an Internet
26website, including social media websites.
27(l) Soliciting or receiving campaign contributions in a
28commission office, on commission property or with commission
29resources.
30(m) Using commission resources to create, store or maintain
1a mailing list that identifies the listed individuals as
2campaign volunteers or contributors to a candidate, political
3party, political committee, campaign or campaign committee.
4(n) Developing a list for the purpose of monitoring or
5tracking campaign activity or campaign contributions of any
6commission employe.
7(2) The term shall not include:
8(a) Registering and voting in an election.
9(b) Expressing an opinion as an individual privately or
10publicly on political subjects and candidates.
11(c) Displaying a political picture, sticker, badge or button
12when not on duty and at locations other than the workplace and
13commission property.
14(d) Participating in the nonpartisan activities of a civic,
15community, social, labor or professional organization or of a
16similar organization.
17(e) Being a member of a political party or other political
18organization or club and participating in its activities to the
19extent consistent with this compact.
20(f) Attending a political convention, rally, fundraising
21function or other political gathering.
22(g) Signing a political petition as an individual.
23(h) Making a financial contribution to a political party or
24organization.
25(i) Being politically active in connection with a question
26which is not specifically identified with a political party,
27such as any constitutional amendment, referendum, approval of a
28municipal ordinance or other question or issue of a similar
29character.
30(j) Otherwise participating fully in public affairs, except
1as prohibited by law, in a manner which does not materially
2compromise efficiency or integrity as an employe or the
3efficiency or integrity of the commission.
4"Relative" shall mean any:
5(a) Spouse, parent, stepparent, parent-in-law, grandparent,
6child, stepchild, grandchild, brother, sister, stepbrother,
7stepsister, half-brother, half-sister, aunt, uncle, niece or
8nephew of any current commissioner, officer or employe, whether
9related by blood, marriage or adoption.
10(b) Significant other of a commissioner, officer, director
11or employe.
12(c) Individual residing in the same household as a
13commissioner, officer, director or employe.
14"Terminal" shall include any marine, motor truck, motorbus,
15railroad and air terminal or garage, also any coal, grain and
16lumber terminal and any union freight and other terminals used
17or to be used in connection with the transportation of
18passengers and freight, and equipment, materials and supplies
19therefor.
20"Transportation facility" and "facilities for transportation
21of passengers" shall include railroads operated by steam,
22electricity or other power, rapid transit lines, motor trucks,
23motorbuses, tunnels, bridges, airports, boats, ferries,
24carfloats, lighters, tugs, floating elevators, barges, scows, or
25harbor craft of any kind, and aircraft, and equipment, materials
26and supplies therefor.
27"Terminal facility" shall include wharves, piers, slips,
28berths, ferries, docks, drydocks, ship repair yards, bulkheads,
29dock walls, basins, carfloats, floatbridges, dredging equipment,
30radio receiving and sending stations, grain or other storage
1elevators, warehouses, cold storage, tracks, yards, sheds,
2switches, connections, overhead appliances, bunker coal, oil and
3fresh water stations, markets, and every kind of terminal,
4storage or supply facility now in use, or hereafter designed for
5use to facilitate passenger transportation and for the handling,
6storage, loading or unloading of freight at terminals, and
7equipment, materials and supplies therefor.
8"Transportation of passengers" and "passenger transportation"
9shall mean the transportation of passengers by railroad or other
10facilities.
11"Rapid transit system" shall mean a transit system for the
12transportation of passengers, express, mail and baggage by
13railroad or other facilities, and equipment, materials and
14supplies therefor.
15"Project" shall mean any improvement, betterment, facility or
16structure authorized by or pursuant to this compact or agreement
17to be constructed, erected, acquired, owned or controlled or
18otherwise undertaken by the commission. "Project" shall not
19include undertakings for purposes described in Article I,
20subdivisions (d), (e), (g), (h) and (i).
21"Railroad" shall include railways, extensions thereof,
22tunnels, subways, bridges, elevated structures, tracks, poles,
23wires, conduits, powerhouses, substations, lines for the
24transmission of power, carbarns, shops, yards, sidings,
25turnouts, switches, stations and approaches thereto, cars and
26motive equipment.
27"Bridge" and "tunnel" shall include such approach highways
28and interests in real property necessary therefor in the
29Commonwealth of Pennsylvania or the State of New Jersey as may
30be determined by the commission to be necessary to facilitate
1the flow of traffic in the vicinity of a bridge or tunnel or to
2connect a bridge or tunnel with the highway system or other
3traffic facilities in said Commonwealth or said State: Provided,
4however, That the power and authority herein granted to the
5commission to construct new or additional approach highways
6shall not be exercised unless and until the Department of
7Transportation of the Commonwealth of Pennsylvania shall have
8filed with the commission its written approval as to approach
9highways to be located in said Commonwealth and the State
10Highway Department of the State of New Jersey shall have filed
11with the commission its written approval as to approach highways
12to be located in said State.
13"Facility" shall include all works, buildings, structures,
14property, appliances, and equipment, together with appurtenances
15necessary and convenient for the proper construction, equipment,
16maintenance and operation of a facility or facilities or any one
17or more of them.
18"Personal property" shall include choses in action and all
19other property now commonly, or legally, defined as personal
20property, or which may hereafter be so defined.
21"Lease" shall include rent or hire.
22"Municipality" shall include a county, city, borough,
23village, township, town, public agency, public authority or
24political subdivision.
25Words importing the singular number include the plural number
26and vice versa.
27Wherever legislation or action by the Legislature of either
28signatory State is herein referred to, it shall mean an act of
29the Legislature duly adopted in accordance with the provisions
30of the Constitution of such State.
1Section 2. The Governor is authorized to apply, on behalf of
2the Commonwealth, to Congress for its consent and approval to
3the supplemental compact or agreement set forth in section 1.
4Section 3. The Governor shall not enter into any
5supplemental compact or agreement under this act until the State
6of New Jersey shall have passed a substantially similar act
7embodying the agreement between the two states as set forth in
8section 1.
9Section 4. The Governor shall publish the date of approval
10by the Congress of the United States as prescribed by section 10
11of Article I of the Constitution of the United States of the
12supplemental compact or agreement authorized by this act as a
13notice in the Pennsylvania Bulletin.
14Section 5. The supplemental compact or agreement authorized
15by this act shall become operative and effective upon
16publication of the notice provided for under section 4 of this
17act.
18Section 6. This act shall take effect immediately.