AN ACT PROVIDING FOR AN INTERSTATE COMPACT WITH THE STATE OF NEW JERSEY TO ESTABLISH "THE DELAWARE RIVER AND BAY AUTHORITY"; DEFINING THE PURPOSES, POWERS AND DUTIES THEREOF; PROVIDING FOR THE APPOINTMENT OF COMMISSIONERS FROM THE STATE OF DELAWARE TO SAID AUTHORITY; PROVIDING FOR THE TERMS, POWERS, REMOVAL AND REIMBURSEMENT OF SAID COMMISSIONERS; PROVIDING FOR A VETO POWER BY THE GOVERNOR OVER THE ACTIONS OF THE DELAWARE COMMISSIONERS; AND GRANTING SAID COMMISSIONERS POWER TO SECURE CONGRESSIONAL CONSENT OF SAID COMPACT AND THE ENACTMENT OF RELATED FEDERAL LEGISLATION.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Title 17, Delaware Code, is hereby amended by adding thereto a new chapter to read as follows:
CHAPTER 17. DELAWARE-NEW JERSEY COMPACT
SUBCHAPTER I. DELAWARE-NEW JERSEY COMPACT
§ 1701. Delaware-New Jersey Compact
The State of Delaware hereby agrees with the State of New Jersey, upon the enactment by the State of New Jersey of legislation having exactly the same effect as this section, to the following compact:
DELAWARE-NEW JERSEY COMPACT
WHEREAS, The State of Delaware and New Jersey are separated by the Delaware River and Bay which creates a natural obstacle to the uninterrupted passage of traffic other than by water and with normal commercial activity between the two States thereby hindering the economic growth and development of those areas in both States which border the River and Bay; AND
WHEREAS, the pressures of existing trends from increasing traffic, growing population and greater industrialization indicate the need for closer cooperation between the two States in order to advance the economic development and to improve crossings, transportation, terminal and other facilities of the area; AND
WHEREAS, the financing, construction, operation and maintenance of such crossings, transportation, terminal and other facilities of commerce and the over-all planning for future economic development of the area may be best accomplished for the benefit of the two States and their citizens, the region and nation, by the cordial cooperation of Delaware and New Jersey by and through a joint or common agency or authority;
NOW, THEREFORE, the State of Delaware and the State of New Jersey, do hereby solemnly covenant and agree, each with the other as follows:
ARTICLE I. SHORT TITLE.
This Compact shall be known as the "Delaware-New Jersey Compact."
ARTICLE II. DEFINITIONS.
"Crossing" means any structure or facility adapted for public use in crossing the Delaware River or Bay between the States, whether by bridge, tunnel, ferry or other device, and by any vehicle or means of transportation of persons or property, as well as all approaches thereto and connecting and service routes and all appurtenances and equipment relating thereto.
"Transportation facility" and "terminal facility" mean any structure or facility other than a crossing as herein defined, adapted for public use within each of the States party hereto in connection with the transportation of persons or property, including railroads, motor vehicles, watercraft, airports and aircraft, docks, wharves, piers, slips, basins, storage places, sheds, warehouses, and every means or vehicle of transportation now or hereafter in use for the transportation of persons and property or the storage, handling or loading of property, as well as all appurtenances and equipment related thereto.
"Appurtenances" and "equipment" mean all works, buildings, structures, devices, appliances and supplies, as well as every kind of mechanism, arrangement, object or substance related to and necessary or convenient for the proper construction, equipment, maintenance, improvement and operation of any crossing, transportation facility or terminal facility.
"Project" means any undertaking or program for the acquisition or creation of any crossing, transportation facility or terminal facility, or any part thereof, as well as for the operation, maintenance and improvement thereof.
"Tunnel" means a tunnel of one or more tubes.
"Governor" means any person authorized by the Constitution and law of each State to exercise the functions, powers and duties of that office.
"Authority" means the Authority created by this Compact or any agency successor thereto.
The singular whenever used herein shall include the plural, and the plural shall include the singular.
ARTICLE III. FAITHFUL COOPERATION.
They agree to and pledge, each to the other, faithful cooperation in the effectuation of this Compact and any future amendment or supplement thereto, and of any legislation expressly in implementation thereof hereafter enacted, and in the planning, development, financing, construction, operation, maintenance and improvement of all projects entrusted to the authority created by this Compact.
ARTICLE IV. ESTABLISHMENT OF AGENCY; PURPOSES.
The two States agree that there shall be created and they do hereby create a body politic, to be known as "The Delaware River and Bay Authority" (for brevity hereinafter referred to as the "Authority"), which shall constitute an agency of government of the State of Delaware and the State of New Jersey for the following general public purposes, and which shall be deemed to be exercising essential government functions in effectuating such purposes, to wit:
(a) The planning, financing, development, construction, purchase, lease, maintenance, improvement and operation of crossings between the States of Delaware and New Jersey across the Delaware River or Bay at any location south of the boundary line between the State of Delaware and the Commonwealth of Pennsylvania as extended across the Delaware River to the New Jersey shore of said river, together with such approaches or connections thereto as in the judgment of the Authority are required to make adequate and efficient connections between such crossings and any public highway or other routes in the State of Delaware or in the State of New Jersey; AND
(b) The planning, financing, development, construction, purchase, lease, maintenance, improvement and operation of any transportation or terminal facility within those areas of both States which border on or are adjacent to the Delaware River or Bay south of the aforesaid line and which in the judgment of the States is required for the sound economic development of the area; AND
(c) The performance of such other functions as may be hereafter entrusted to the Authority by concurrent legislation expressly in implementation hereof.
The Authority shall not undertake any project or part thereof, other than a crossing, without having first secured approval thereof by concurrent legislation of the two States expressly in implementation hereof.
ARTICLE V. COMMISSIONERS.
The Authority shall consist of ten Commissioners, five of whom shall be residents of and qualified to vote in, and shall be appointed from, the State of Delaware, and five of whom shall be residents of and qualified to vote in, and shall be appointed from, the State of New Jersey; not more than three of the Commissioners of each State shall be of the same political party; the Commissioners for each State shall be appointed in the manner fixed and determined from time to time by the law of each State respectively. Each Commissioner shall hold office for a term of five years, and until his successor shall have been appointed and qualified, but the terms of the first Commissioners shall be so designated that the term of one Commissioner from each State shall expire each year. All terms shall run to the first day of July. Any vacancy, however created, shall be filled for the unexpired term only. Any Commissioner may be suspended or removed from office as provided by law of the State from which he shall be appointed.
Commissioners shall be entitled to reimbursement for necessary expenses to be paid only from revenues of the Authority and may not receive any other compensation for services to the Authority except such as may from time to time be authorized from such revenues by concurrent legislation.
ARTICLE VI. BOARD ACTION.
The Commissioners shall have charge of the Authority's property and affairs and shall, for the purpose of doing business, constitute a Board; but no action of the Commissioners shall be binding or effective unless taken at a meeting at which at least three Commissioners from each State are present, and unless at least three Commissioners from each State shall vote in favor thereof. The vote of any one or more of the Commissioners from each State shall be subject to cancellation by the Governor of such State at any time within 10 days (Saturdays, Sundays and public holidays in the particular State excepted) after receipt at the Governor's Office of a certified copy of the minutes of the meeting at which such vote was taken. Each State may provide by law for the manner of delivery of such minutes, and for notification of the action thereon.
ARTICLE VII. GENERAL POWERS.
For the effectuation of its authorized purposes, the Authority is hereby granted the following powers:
a. To have perpetual succession.
b. To adopt and use an official seal.
c. To elect a chairman and a vice-chairman from among the commissioners. The chairman and vice-chairman shall be elected from different States, and shall each hold office for two years. The chairmanship and vice-chairmanship shall be alternated between the two States.
d. To adopt by-laws to govern the conduct of its affairs by the Board of Commissioners, and it may adopt rules and regulations and may make appropriate orders to carry out and discharge its powers, duties and functions, but no by-law, or rule, regulation or order shall take effect until it has been filed with the Secretary of State of each State or in such other manner in each State as may be provided by the law thereof. In the establishment of rules, regulations and orders respecting the use of any crossing, transportation or terminal facility owned or operated by the Authority, including approach roads, it shall consult with appropriate officials of both States in order to insure, as far as possible, uniformity of such rules, regulations and orders with the laws of both States.
e. To appoint, or employ, such other officers, agents, attorneys, engineers and employees as it may require for the performance of its ditties and to fix and determine their qualifications, duties, compensation, pensions, terms of office and all other conditions and terms of employment and retention.
f. To enter into contracts and agreements with either State or with the United States, or with any public body, department, or other agency of either State or of the United States or with any individual, firm or corporation, deemed necessary or advisable for the exercise of its purposes and powers.
g. To accept from any government or governmental department, agency or other public or private body, or from any other source, grants or contributions of money or property as well as loans, advances, guarantees or other forms of financial assistance which it may use for or in aid of any of its purposes.
h. To acquire (by gift, purchase or condemnation), own, hire, lease, use, operate and dispose of property, whether real, personal or mixed, or of any interest therein, including any rights, franchise and property for any crossing, facility or other project owned by another, and which the Authority is authorized to own and operate.
. To designate as express highways, and control public and private access thereto, all or any approaches to any crossing or other facility of the Authority for the purpose of connecting the same with any highway or other route in either State.
a. To borrow money and to evidence such loans by bonds, notes or other obligations, either secured or unsecured, and either in registered or unregistered form, and to fund or refund such evidences of indebtedness, which may be executed with facsimile signatures of such persons as may be designated by the Authority and by a facsimile of its corporate seal.
b. To procure and keep in force adequate insurance or otherwise provide for the adequate protection of its property, as well as to indemnify it or its officers, agents or employees against loss or liability with respect to any risk to which it or they may be exposed in carrying out any function hereunder.
1. To grant the use of, by franchise, lease or otherwise, and to make charges for the use of, any crossing, facility or other project or property owned or controlled by it.
m. To exercise the right of eminent domain to acquire any property or interest therein.
n. To determine the exact location, system and character of and all other matters in connection with any and all crossings, transportation or terminal facilities or other projects which it may be authorized to own, construct, establish, effectuate, operate or control.
o. 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.
For the purpose of effectuating the authorized purposes of the Authority, additional powers may be granted to the Authority by legislation of either State without the concurrence of the other, and may be exercised within such State, or may be granted to the Authority by Congress and exercised by it; but no additional duties or obligations shall be undertaken by the Authority under the law of either State or of Congress without authorization by the law of both States.
In any condemnation proceedings in connection with the acquisition by the Authority of property or property rights of any character in either State and the right of inspection and immediate entry thereon, through the exercise by it of its power of eminent domain, any existing or future law or rule of court of the State in which such property is located with respect to the condemnation of property for the construction, reconstruction and maintenance of highways therein, shall control. The Authority shall have the same power and authority with respect thereto as the State agency named in any such law; provided that nothing herein contained shall be construed as requiring joint or concurrent action by the two States with respect to the enactment, repeal or amendment of any law or rule of court on the subject of condemnation under which the Authority may proceed by virtue of this Article.
If the established grade of any street, avenue, highway or other route shall be changed by reason of the construction by the Authority of any work so as to cause loss or injury to any property abutting on such street, avenue, highway or other route, the Authority may enter into voluntary agreements with such abutting property owners and pay reasonable compensation for any loss or injury so sustained, whether or not it be compensable as damages under the condemnation law of the State.
The power of the Authority to acquire property by condemnation shall be a continuing power, and no exercise thereof shall be deemed to exhaust it.
ARTICLE IX. EMINENT DOMAIN.
If the Authority shall find and determine that any property or interest therein is required for a public use because in furtherance of the purposes of the Authority, said determination shall not be effected by the fact that such property has theretofore been taken over or is then devoted to a public use, but the public use in the hands or under the control of the Authority, shall be deemed superior to the public use for which it has theretofore been taken or to which it is then devoted.
ARTICLE X. REVENUE AND APPLICATION.
The Authority is hereby authorized to establish, levy and collect such tolls and other charges as it may deem necessary, proper or desirable, in connection with any crossing, transportation or terminal facility or other project which it is or may be authorized at any time to construct, own, operate or control, and the aggregate of said tolls and charges shall be at least sufficient (1) to meet the combined expenses of operation, maintenance and improvement thereof, (2) to pay the cost of acquisition or construction, including the payment, amortization and retirement of bonds or other securities or obligations assumed, issued or incurred by the Authority, together with interest thereon and (3) to provide reserves for such purposes; and the Authority is hereby authorized and empowered, subject to prior pledges, if any, to pledge such tolls and other revenues or any part thereof as security for the repayment with interest of any moneys borrowed by it or advanced to it for its authorized purposes and as security for the satisfaction of any other obligations assumed by it in connection with such loans or advances. There shall be allocated to the cost of the acquisition, construction, operation, maintenance and improvement of such facilities and projects, such proportion of the general expenses of the Authority as it shall deem properly chargeable thereto.
ARTICLE XI. COVENANT WITH BONDHOLDERS.
The two said States covenant and agree with each other and with the holders of any bonds or other securities or obligations of the Authority, assumed, issued or incurred by it and as security for which there may be pledged the tolls and revenues or any part thereof of any crossing, transportation or terminal facility or other project, that the two said States will not, so long as any of such bonds or other obligations remain outstanding and unpaid diminish or impair the power of the Authority to establish, levy and collect tolls and other charges in connection therewith, and that neither of the two said States will, so long as any of such bonds or other obligations remain outstanding and unpaid, authorize any crossing of the Delaware River or Delaware Bay south of the line mentioned in Article IV (a) of this Compact, by any person or body other than the Authority; unless, in either case, adequate provision shall be made by law for the protection of those advancing money upon such obligations.
ARTICLE XII. SECURITIES LAWFUL INVESTMENTS.
The bonds or other securities or obligations which may be issued by the Authority pursuant to this Compact, or any amendments hereof or supplements hereto, are hereby declared to be negotiable instruments, and are hereby made securities in which all State and municipal officers and bodies of each State, all banks, bankers, trust companies, savings banks, building and loan associations, saving and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of either State, may properly and legally invest any funds, including capital, belonging to them or within their control; and said obligations are hereby made securities which may properly and legally be deposited with and shall be received by any State or municipal officer or agency of either State for any purpose for which the deposit of bonds or other obligations of such State is now or may hereafter be authorized.
ARTICLE XIII. TAX STATUS.
The powers and functions exercised by the Authority under this Compact and any amendments hereof or supplements hereto are and will be in all respects for the benefit of the people of the States of Delaware and New Jersey, the region and nation, for the increase of their commerce and prosperity and for the enhancement of their general welfare. To this end, the Authority shall be regarded as performing essential governmental functions in exercising such powers and functions and in carrying out the provisions of this compact and of any law relating thereto, and shall not be required to pay any taxes or assessments of any character, levied by either State or political subdivision thereof, upon any of the property used by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The bonds or other securities or obligations issued by the Authority, their transfer and the interest paid thereon or income therefrom, including any profit from a sale or exchange, shall at all times be free from taxation by either State or any subdivision thereof.
ARTICLE XIV. JURISDICTION; USE OF LANDS.
Each of the two States hereby consents to the use and occupant' by the Authority of any lands and property of the Authority in such State for the construction, operation, maintenance or improvement of any crossing, transportation or terminal facility or other project which it is or may be authorized at any time to construct, own or operate, including lands lying under water.
ARTICLE XV. REVIEW AND ENFORCEMENT OF RULES.
Judicial proceedings to review any by-law, rule, regulation, order or other action of the Authority or to determine the meaning or effect thereof, may be brought in such court of each State, and pursuant to such law or rules thereof, as a similar proceeding with respect to any agency of such State might be brought.
Each State may provide by law what penalty or penalties shall be imposed for violation of any lawful rule, regulation or order of the Authority, and, by law or rule of court, for the manner of enforcing the same.
ARTICLE XVI. NO PLEDGE OF CREDIT.
The Authority shall have no power to pledge the credit or to create any debt or liability of the State of Delaware, of the State of New Jersey, or of any other agency or of any political subdivision of said States.
ARTICLE XVII. LOCAL COOPERATION.
All municipalities, political subdivisions and every department, agency or public body of each of the States are hereby authorized and empowered to cooperate with, aid and assist the Authority in effectuating the provisions of this Compact and of any amendment hereof or supplement hereto.
ARTICLE XVIII. DEPOSITARIES.
All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of either State are authorized to give security for the safekeeping and prompt payment of moneys of the Authority deposited by it with them, in such manner and form as may be required by and may be approved by the Authority, which security may consist of a good and sufficient undertaking with such sureties as may be approved by the Authority, or may consist of the deposit with the Authority or other depository approved by the Authority as collateral of such securities as the Authority may approve.
ARTICLE XIX. AGENCY POLICE.
Members of the police force established by the Authority, regardless of their residence, shall have in each State, on the crossings, transportation or terminal facilities and other projects and the approaches thereto, owned, operated or controlled by the Authority, and at such other places and under such circumstances as the law of each State may provide, all the powers of investigation, detention and arrest conferred by law on peace officers, sheriffs or constables in such State or usually exercised by such officers in each State.
ARTICLE XX. REPORTS AND AUDITS.
The Authority shall make annual reports to the Governors and Legislatures of the State of Delaware and the State of New Jersey, setting forth in detail its operations and transactions, and may make such additional reports from time to time to the Governors and Legislatures as it may deem desirable.
It shall, at least annually, cause an independent audit of its fiscal affairs to be made and shall furnish a copy of such audit report together with such additional information or data with respect to its affairs as it may deem desirable to the Governors and Legislatures of each State.
It shall furnish such information or data with respect to its affairs as may be requested by the Governor or Legislature of each State.
ARTICLE XXI. BOUNDARIES UNAFFECTED.
The existing territorial or boundary lines of the States, or the jurisdiction of the two States established by said boundary lines, shall not be changed hereby.
SUBCHAPTER II. EFFECTUATION; COMMISSIONERS
§ 1711. Commissioners; appointment
The Commissioners from the State of Delaware, provided for in Article V of the Delaware-New Jersey Compact set out in Section 1701 hereof, shall be appointed by the Governor with the advice and consent of the Senate. Immediately upon enactment of this chapter, the Governor may so appoint the first Commissioners from the State of Delaware, notwithstanding that the said Compact may not have yet taken effect. The persons nominated by him to serve as the first Commissioners shall be authorized to sign duplicate originals of said Compact on the part of the State of Delaware, to apply to Congress for such consent thereto as may be required by law, and to seek an amendment of 60 Stat. 553 having the effect of eliminating the requirement that the Delaware Memorial Bridge shall become toll free upon payment of the outstanding revenue bonds, although said persons may not then have been confirmed or have taken their oath of office.
§ 1712. Effective date; terms of Commissioners
If the State of New Jersey enacts legislation agreeing to the exact terms of the Delaware-New Jersey Compact, Congress consents thereto and Congress amends 60 Stat. 553 to eliminate the present requirement that The Delaware Memorial Bridge shall become toll free upon payment of the outstanding revenue bonds on or before July 1, 1962, then the said Compact shall become effective on July 1, 1962; but if these events shall not all be completed until after July 1, 1962, then the said Compact shall take effect on the date of the last required event. The first Commissioners from Delaware may take office on or after the date on which said Compact takes effect, but the designation of their terms shall be such that the term of one Commissioner shall expire each year and each such term shall be computed from July 1, 1962, notwithstanding that the Compact may not become effective until after that date.
§ 1713. Holding-over of Commissioners
Each Commissioner from the State of Delaware shall continue to hold office after the expiration of the term for which he is appointed and until his respective successor is appointed and qualified; but no period during which any such 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 said successor's term expires.
§ 1714. Successors
After the expiration of the term of each Delaware Commissioner and each succeeding Commissioner thereafter, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for a term of five (5) years, or until his successor has been appointed and qualified.
§ 1715. Vacancies
In the event a vacancy occurs in the office of a Commissioner from Delaware by death, resignation, removal or otherwise, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for the unexpired term.
§ 1716. Removal of Commissioner
Any Commissioner from the State of Delaware may be suspended or removed from office upon specific written charges filed with the Secretary of State and after hearing by the Senate.
§ 1717. Political representation
No more than three (3) of the five (5) Commissioners from the State of Delaware shall be of the same political party at any one time.
§ 1718. Compensation of Commissioners
For the period during which any Commissioner shall hold office, he shall be entitled to reimbursement for any necessary expenses incurred on the business of The Delaware River and Bay Authority, which shall be paid only from revenues received by the Authority and available for administrative expenses.
§ 1719. The Delaware River and Bay Authority
The Commissioners appointed pursuant to this chapter shall have the authority, powers and duties and be subject to the limitations provided for herein and in the said compact between the two States, and together with the five (5) Commissioners appointed from the State of New Jersey shall form and constitute "The Delaware River and Bay Authority" pursuant to the Delaware-New Jersey Compact.
§ 1720. Veto by Governor
(a) Except as herein provided by this chapter, no action taken at any meeting of The Delaware River and Bay Authority by a Commissioner appointed from the State of Delaware shall have any force or effect until the Governor of the State of Delaware shall have an opportunity to approve or veto the same under the provisions of Article VI of the Delaware-New Jersey Compact.
(b) For the purpose of procuring such approval or veto, the secretary or other officer of The Delaware River and Bay Authority in charge of the minutes of the proceedings of that body shall transmit to the Governor at the Governor's office in Dover a certified copy of the minutes of every meeting of the Delaware River and Bay Authority as soon after the holding of such meeting as such minutes can be written out. The Governor shall within ten (10) days (Saturdays, Sundays and public holidays of this State excepted) after such minutes shall have been received at the Governor's office aforesaid, cause the same to be returned to The Delaware River and Bay Authority either with his approval or his veto of any action therein recited as having been taken by any Commissioner appointed from the State of Delaware, provided, however, that if the Governor shall not return the said minutes within the said period then at the expiration thereof any action therein recited will have full force and effect according to the wording thereof.
(c) If the Governor within the said period returns the said minutes with a veto against the action of any Commissioner from Delaware as recited therein, then such action of said Commissioner shall be null and void.
(d) The Governor may by order filed with the secretary of The Delaware River and Bay Authority relieve the Commissioners from the duty of procuring his approval of their action upon any particular matter or class of matters, and thereupon the secretary or other officer in charge of the minutes of the proceedings of that body shall be relieved of reporting the same to him.
§ 1721. Audit
The Authority shall furnish each year an independent audit of its fiscal affairs, in which items of current and capital nature shall be separately set forth, and shall cause a copy of the report on such audit to be delivered to the Governor.
§ 1722. Separability
If any term or provision of this Act shall be determined to be in conflict with paramount law, such term or provision shall be enforced and effectuated to the extent it is not so determined, and shall, in any event, be deemed severable from the remaining terms and provisions hereof.
§ 1723. Effective dates
Sections 1711 and 1722 of this Chapter shall take effect immediately; and the remaining sections hereof shall take effect and become binding upon the State of Delaware upon the completion of the last of the following three events: (1) upon the enactment by the State of New Jersey of legislation agreeing to the exact terms of the Delaware-New Jersey Compact; (2) upon the granting of the consent of Congress thereto; and (3) upon the enactment of Congress of an amendment to 60 Stat. 553 to eliminate the present requirement for the cessation of tolls for the use of The Delaware Memorial Bridge upon payment of the outstanding revenue bonds, but in no event prior to July 1, 1962.
§ 1724. Geographical representation
Of the Commissioners from the State of Delaware to be appointed in accordance with this subchapter, two (2) commissioners shall be appointed from New Castle County, no more than one of whom shall be of the same political party, one (1) commissioner shall be appointed from Kent County, and two (2) commissioners shall be appointed from Sussex County, no more than one of whom shall be of the same political party.
Approved July 21, 1961.