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the Port of New York Authority 154/21
2017 New York Laws
PNY - Port of New York Authority 154/21
Chapter 154 of the laws of 1921
Port of New York authority
Section 1. William R. Willcox, Eugenius H. Outerbridge and Murray
Hulbert, or any two of them, commissioners heretofore appointed under
chapter four hundred and twenty-six of the laws of nineteen hundred and
seventeen of the state of New York, together with the attorney-general
of the state of New York, are hereby authorized as commissioners upon
the part of the state of New York to enter into, with the state of New
Jersey, by and through the commissioners appointed or who may be
appointed under or by virtue of a law of the legislature of the state of
New Jersey, an agreement or compact in the form following, that is to
say:
Whereas, In the year eighteen hundred and thirty-four the states of
New York and New Jersey did enter into an agreement fixing and
determining the rights and obligations of the two states in and about
the waters between the two states, especially in and about the bay of
New York and the Hudson river; and
Whereas, Since that time the commerce of the port of New York has
greatly developed and increased and the territory in and around the port
has become commercially one center or district; and
Whereas, It is confidently believed that a better co-ordination of the
terminal, transportation and other facilities of commerce in, about and
through the port of New York, will result in great economies, benefiting
the nation, as well as the states of New York and New Jersey; and
Whereas, The future development of such terminal, transportation and
other facilities of commerce will require the expenditure of large sums
of money and the cordial co-operation of the states of New York and New
Jersey in the encouragement of the investment of capital, and in the
formulation and execution of the necessary physical plans; and
Whereas, Such result can best be accomplished through the co-operation
of the two states by and through a joint or common agency.
Now, therefore, The said states of New Jersey and New York do
supplement and amend the existing agreement of eighteen hundred and
thirty-four in the following respects:
ARTICLE I.
They agree to and pledge, each to the other, faithful co-operation in
the future planning and development of the port of New York, holding in
high trust for the benefit of the nation the special blessings and
natural advantages thereof.
ARTICLE II.
To that end the two states do agree that there shall be created and
they do hereby create a district to be known as the "Port of New York
District" (for brevity hereinafter referred to as "The District") which
shall embrace the territory bounded and described as follows:
The district is included within the boundary lines located by
connecting points of known latitude and longitude. The approximate
courses and distances of the lines enclosing the district are recited in
the description, but the district is determined by drawing lines through
the points of known latitude and longitude. Beginning at a point A of
latitude forty-one degrees and four minutes north and longitude
seventy-three degrees and fifty-six minutes west, said point being about
sixty-five-hundredths of a mile west of the westerly bank of the Hudson
river and about two and one-tenth miles northwest of the pier at
Piermont, in the county of Rockland, state of New York; thence due south
one and fifteen-hundredths miles more or less to a point B of latitude
forty-one degrees and three minutes north and longitude seventy-three
degrees and fifty-six minutes west; said point being about one and
three-tenths miles northwest of the pier at Piermont, in the county of
Rockland, state of New York; thence south fifty-six degrees and
thirty-four minutes west six and twenty-six-hundredths miles more or
less to a point C of latitude forty-one degrees and no minutes north and
longitude seventy-four degrees and two minutes west, said point being
about seven-tenths of a mile north of the railroad station at Westwood,
in the county of Bergen, state of New Jersey; thence south sixty-eight
degrees and twenty-four minutes west nine and thirty-seven-hundredths
miles more or less to a point D of latitude forty degrees and
fifty-seven minutes north and longitude seventy-four degrees and twelve
minutes west, said point being about three miles northwest of the
business center of the city of Paterson, in the county of Passaic, state
of New Jersey; thence south forty-seven degrees and seventeen minutes
west eleven and eighty-seven-hundredths miles more or less to a point E
of latitude forty degrees and fifty minutes north and longitude
seventy-four degrees and twenty-two minutes west, said point being about
four and five-tenths miles west of the borough of Caldwell, in the
county of Morris, state of New Jersey; thence due south nine and
twenty-hundredths miles more or less to a point F of latitude forty
degrees and forty-two minutes north and longitude seventy-four degrees
and twenty-two minutes west, said point being about one and two-tenths
miles southwest of the passenger station of the Delaware, Lackawanna and
Western railroad in the city of Summit, in the county of Union, state of
New Jersey; thence south forty-two degrees and twenty-four minutes west,
seven and seventy-eight-hundredths miles more or less to a point G of
latitude forty degrees and thirty-seven minutes north and longitude
seventy-four degrees and twenty-eight minutes west, said point being
about two and two-tenths miles west of the business center of the city
of Plainfield, in the county of Somerset, state of New Jersey; thence
due south twelve and sixty-five-hundredths miles more or less on a line
passing about one mile west of the business center of the city of New
Brunswick to a point H of latitude forty degrees and twenty-six minutes
north and longitude seventy-four degrees and twenty-eight minutes west,
said point being about four and five-tenths miles southwest of the city
of New Brunswick, in the county of Middlesex, state of New Jersey;
thence south seventy-seven degrees and forty-two minutes east ten and
seventy-nine-hundredths miles more or less to a point I of latitude
forty degrees and twenty-four minutes north and longitude seventy-four
degrees and sixteen minutes west, said point being about two miles
southwest of the borough of Matawan, in the county of Middlesex, state
of New Jersey; thence due east twenty-five and forty-eight-hundredths
miles more or less, crossing the county of Monmouth, state of New
Jersey, and passing about one and four-tenths miles south of the pier of
the Central Railroad of New Jersey at Atlantic Highlands to a point J of
latitude forty degrees and twenty-four minutes north and longitude
seventy-three degrees and forty-seven minutes west, said point being in
the Atlantic ocean; thence north eleven degrees fifty-eight minutes east
twenty-one and sixteen-hundredths miles more or less to a point K, said
point being about five miles east of the passenger station of the Long
Island railroad at Jamaica and about one and three-tenths miles east of
the boundary line of the city of New York, in the county of Nassau,
state of New York; thence in a northeasterly direction passing about
one-half mile west of New Hyde Park and about one and one-tenth miles
east of the shore of Manhasset bay at Port Washington, crossing Long
Island sound to a point L, said point being the point of intersection of
the boundary line between the states of New York and Connecticut and the
meridian of seventy-three degrees, thirty-nine minutes and thirty
seconds west longitude, said point being also about a mile northeast of
the village of Port Chester; thence northwesterly along the boundary
line between the states of New York and Connecticut to a point M, said
point being the point of intersection between said boundary line between
the states of New York and Connecticut and the parallel of forty-one
degrees and four minutes north latitude, said point also being about
four and five-tenths miles northeast of the business center of the city
of White Plains; thence due west along said parallel, of forty-one
degrees and four minutes north latitude, the line passing about two and
one-half miles north of the business center of the city of White Plains
and crossing the Hudson river to the point A, the place of beginning.
The boundaries of said district may be changed from time to time by
the action of the legislature of either state concurred in by the
legislature of the other.
ARTICLE III
There is hereby created "The Port of New York Authority" (for brevity
hereinafter referred to as the "Port Authority"), which shall be a body
corporate and politic, having the powers and jurisdiction hereinafter
enumerated, and such other and additional powers as shall be conferred
upon it by the legislature of either state concurred in by the
legislature of the other, or by act or acts of congress, as hereinafter
provided. On and after July first, nineteen hundred seventy-two, the
port authority shall be known and designated as "The Port Authority of
New York and New Jersey."
* ARTICLE IV
The port authority shall consist of twelve commissioners, six resident
voters from the state of New York, at least four of whom shall be
resident voters of the city of New York, and six resident voters from
the state of New Jersey, at least four of whom shall be resident voters
within the New Jersey portion of the district, the New York members to
be chosen by the state of New York and the New Jersey members by the
state of New Jersey in the manner and for the terms fixed and determined
from time to time by the legislature of each state respectively, except
as herein provided. Each commissioner may be removed or suspended from
office as provided by the law of the state from which he shall be
appointed.
* NB Effective until legislation having an identical effect is enacted
into law by the state of New Jersey
* ARTICLE IV
1. Commissioners. The port authority shall consist of twelve
commissioners, six resident voters from the state of New York, at least
four of whom shall be resident voters of the city of New York, and six
resident voters from the state of New Jersey, at least four of whom
shall be resident voters within the New Jersey portion of the district,
the New York members to be chosen by the state of New York and the New
Jersey members by the state of New Jersey in the manner and for the
terms fixed and determined from time to time by the legislature of each
state respectively, except as herein provided. Each commissioner may be
removed or suspended from office as provided by the law of the state
from which he shall be appointed.
2. Officers. a. The officers of the port authority shall be a
chairperson, a vice chairperson, a chief executive officer, a general
counsel, a chief financial officer, a chief ethics and compliance
officer, an inspector general, a treasurer, a comptroller, and a
secretary. Beginning upon the next hiring of a chief executive officer
but no later than a year from the effective date of the chapter of the
laws of 2015 that amended this article, the positions of chairperson and
vice chairperson shall be rotated for a term of two years among
commissioners appointed by New York and New Jersey, with a chairperson
elected first from among those commissioners appointed by the governor
of New York and a vice chairperson elected first from among those
commissioners appointed by the governor of New Jersey, after which the
next chairperson shall be elected from among those appointed by the
governor of New Jersey and the next vice chairperson shall be elected
from among those appointed by the governor of New York and thereafter
the positions of chairperson and vice chairperson shall rotate every two
years in the same order as established herein provided that the failure
of the board of commissioners to elect a new chairperson and vice
chairperson shall not prevent the rotation of the positions of
chairperson and vice chairperson to the next succeeding state.
b. No commissioner, including the chairperson, shall serve as the port
authority's chief executive officer, general counsel, chief financial
officer, chief ethics and compliance officer, inspector general, or
comptroller, or hold any other equivalent position while serving as a
commissioner.
3. Role and responsibilities of commissioners. a. The commissioners
shall promulgate a commissioner's oath of office in consultation with
the chief ethics and compliance officer.
b. At the time that a commissioner of the port authority takes and
subscribes the commissioner's oath of office, or within sixty days after
the effective date of this subdivision if the commissioner has already
taken and subscribed the commissioner's oath of office, the commissioner
shall execute a statement declaring that the commissioner understands
the commissioner's independence and fiduciary obligation to perform
duties and responsibilities to the best of the commissioner's abilities,
in good faith and with proper diligence and care which an ordinarily
prudent person in like position would use under similar circumstances
and may take into consideration the views and policies of any elected
officials or bodies and ultimately apply independent judgment in the
best interest of the port authority, its mission, and the public,
consistent with the enabling compact, mission, and by-laws of the port
authority and the applicable laws of both states; and that the fiduciary
duty to the port authority is derived from and governed by its mission.
c. Individuals appointed to the board of commissioners shall
participate in training approved by the chief ethics and compliance
officer in consultation with the inspector general of the port authority
regarding their legal, fiduciary, financial and ethical responsibilities
as directors of an authority within six months of appointment to the
authority. The commissioners shall participate in continuing training as
may be required to remain informed of best practices, regulatory and
statutory changes relating to the effective oversight of the management
and financial activities of public authorities and to adhere to the
highest standards of responsible governance.
d. (1) A commissioner shall not vote on or participate in any board or
committee discussions or decisions with respect to an item if the
commissioner, a member of the commissioner's immediate family, or a
business in which the commissioner has an interest has a direct or
indirect financial involvement that may reasonably be expected to impair
the commissioner's objectivity or independent judgment or that may
reasonably create the appearance of impropriety. A commissioner shall
report such a need for recusal to the general counsel when it arises.
The public shall be informed of any recusals prior to any board action
and the minutes shall clearly reflect that recusal.
(2) For the purposes of this subdivision, the terms:
(i) "immediate family" shall mean: a spouse, parent, child, or
sibling; and
(ii) "interest" shall mean: (A) if the business organization is a
partnership, the board member or the board member's immediate family is
a partner or owner of ten percent or more of the assets of the
partnership, or (B) if the business organization is a corporation, the
board member or the board member's immediate family owns or controls ten
percent or more of the stock of the corporation, or serves as a director
or officer of the corporation.
e. (1) Notwithstanding any other provision of law to the contrary, the
commissioners, officers, and employees of the port authority shall file
annual financial disclosure statements as provided in this section.
(2)(i) The commissioners appointed by the governor of the state of New
York shall file annual financial disclosure statements pursuant to
section 73-a of the public officers law.
(ii) The commissioners appointed by the governor of the state of New
Jersey shall file annual financial disclosure statements as required by
New Jersey state law or executive order.
(iii) In addition to the financial disclosures required of the
commissioners, financial disclosures of employees shall, at a minimum,
be required of the chief executive officer, the chief ethics and
compliance officer, the chief financial officer, the general counsel,
the comptroller, treasurer, and the inspector general, employees who
hold policy-making positions as determined by the general counsel of the
port authority, and employees whose base salary, either in the current
or previous year, exceeds $150,000, which amount shall be adjusted for
inflation annually in accordance with the consumer price index for all
urban wage earners and clerical workers (CPI-W) as calculated by the
federal government. These financial disclosures shall be updated not
less than annually and shall be made available on the port authority's
website.
f. The board of commissioners shall:
(1) adopt a mission statement that the port authority's mission is to
meet the critical transportation infrastructure needs of the bi-state
region's people, businesses, and visitors by providing the highest
quality and most efficient transportation and port commerce facilities
and services to move people and goods within the region, provide access
to the nation and the world, and promote the region's economic
development;
(2) adopt a code of conduct applicable to commissioners, employees,
and vendors and other contractors with the port authority based upon the
recommendations of the chief ethics and compliance officer that shall,
at minimum, include the applicable standards established by law in each
state;
(3) establish a whistleblower access and assistance program protecting
employees from retaliation for disclosing information concerning acts of
wrongdoing, misconduct, malfeasance, or other inappropriate conduct
based upon the recommendations of the chief ethics and compliance
officer;
(4) establish a policy requiring all commissioners, officers, and
employees with decision-making authority to maintain records regarding
contact with lobbyists. As used in this subsection: (i) "contact" means
any conversation, in person or by telephonic or other electronic means,
or correspondence between any lobbyist engaged in the act of lobbying
and any person within the port authority who can make or influence a
decision on the subject of the lobbying on the behalf of the port
authority, and shall include, at a minimum, all members of the board of
commissioners and all officers of the port authority, (ii) "lobbyist"
shall have the same meaning as defined in the laws or, rules or
regulations of either state, and (iii) "lobbying" shall mean and include
any attempt to influence: (a) the adoption or rejection of any rule or
regulation having the force and effect of law by the port authority, (b)
the outcome of any proceeding by the port authority to establish, levy
or collect fees, tolls, charges or fares, and (c) the authorization,
approval or award of any agreements, contracts or purchase orders,
including any settlement of port authority claims, or any extension,
amendment or modification of any existing agreement, contract or order;
and
(5) have an efficiency study of the port authority and its operations
conducted by an independent entity within three years of the effective
date of this section and thereafter upon the request of the governors of
New York and New Jersey, and if no request is made, no later than three
years after the most recent efficiency study was conducted.
4. Committee. a. The board of commissioners shall establish a
committee structure that shall include, but need not be limited to, the
following responsibilities:
(1) a governance responsibility to be assigned to a committee
comprised of not fewer than three commissioners, who shall constitute a
majority on the committee, and who shall possess the necessary skills to
undertake the governance duties and functions. It shall be the
responsibility of the members of this committee to: keep the board
informed of current best governance practices; review corporate
governance trends; update the port authority's corporate governance
principles; examine ethical and conflict of interest issues; perform
board self-evaluations; investigate term limits, reappointments, and
board responsibilities; develop by-laws which include rules and
procedures for the conduct of board business; and advise the port
authority on the skills and experiences required of potential
commissioners;
(2) an audit responsibility to be assigned to a committee comprised of
not fewer than three commissioners, who shall constitute a majority on
the committee, and who shall possess the necessary skills to undertake
the audit duties and functions. It shall be the responsibility of the
members of this committee to: recommend to the board the hiring of an
independent firm of certified public accountants to audit the financial
statements of the port authority; establish the compensation to be paid
to the accounting firm; and provide direct oversight of the annual
independent financial audit performed by the accounting firm hired for
auditing purposes. Members of this committee shall be familiar with
corporate financial and accounting practices and shall be financially
literate about applicable financial laws, rules, regulations, and
standard industry practices; and
(3) a finance responsibility to be assigned to a committee comprised
of not fewer than three commissioners, who shall constitute a majority
on the committee, and who shall possess the necessary skills to
undertake the finance duties and functions. It shall be the
responsibility of the members of this committee to oversee and approve
the issuance of debt that the port authority or its subsidiaries issue.
b. Every committee established by the board of commissioners shall
promulgate a written charter to be approved by the board. Each charter
promulgated in accordance with this subdivision shall be made available
to the public and posted on the port authority's website.
5. Whistleblower access and assistance program. a. The chief ethics
and compliance officer shall recommend to the board of commissioners a
whistleblower access and assistance program to be administered by the
inspector general which shall include, but not be limited to:
(1) establishing toll-free telephone and facsimile lines available to
employees;
(2) offering advice regarding employee rights under applicable state
and federal laws and advice and options available to all persons; and
(3) offering an opportunity for employees to identify concerns
regarding any issue at the port authority. Any communication between an
employee and the inspector general pursuant to this section shall be
held strictly confidential by the inspector general, unless the employee
specifically waives in writing the right to confidentiality, except that
such confidentiality shall not exempt the inspector general from
disclosing such information, where appropriate, to the board of
commissioners and/or any law enforcement authority.
b. The port authority shall not fire, discharge, demote, suspend,
threaten, harass, or discriminate against an employee because of the
employee's role as a whistleblower, insofar as the actions taken by the
employee are legal.
c. As used in this subdivision:
(1) "Employees" means those persons employed at the port authority,
including but not limited to: full-time and part-time employees, those
employees on probation, and temporary employees.
(2) "Whistleblower" means any employee of the port authority who
discloses information concerning acts of wrongdoing, misconduct,
malfeasance, or other inappropriate behavior by an employee or board
member of the port authority, concerning the port authority's
investments, travel, acquisition of real or personal property, the
disposition of real or personal property, or the procurement of goods
and services.
6. Inspector general. a. The inspector general shall be responsible
for receiving and investigating, where appropriate, all complaints
regarding fraud, waste, and abuse by commissioners, officers, and
employees of the port authority or third-parties doing business with the
port authority. The inspector general shall also be responsible for
conducting investigations upon the inspector general's own initiative,
as the inspector general shall deem appropriate.
b. The inspector general shall inform the board of commissioners and
the chief executive officer of allegations received by the inspector
general and the progress of investigations related thereto, unless
special circumstances require confidentiality;
c. The inspector general shall determine with respect to allegations
received by the inspector general whether disciplinary action or civil
prosecution by the port authority is appropriate, and whether the matter
should be referred to an appropriate governmental agency for further
action;
d. The inspector general shall prepare and make available to the
public written reports of completed investigations, as appropriate and
to the extent permitted by law, subject to redactions to protect a need
for confidentiality. The release of all or portions of reports may be
deferred to protect the confidentiality of ongoing investigations.
e. The inspector general shall have the power to:
(1) administer oaths or affirmations and examine witnesses under oath;
(2) require the production of any books and papers deemed relevant or
material to any investigation, examination or review;
(3) notwithstanding any law to the contrary, examine and copy or
remove documents or records of any kind prepared, maintained or held by
the port authority and its subsidiaries;
(4) interview any officer or employee of the port authority or its
subsidiaries on any matter related to the performance of such officer or
employee's official duties. To the extent that any portion of this
paragraph is inconsistent with any current contractual obligations of
the port authority, this paragraph shall not be applicable to those
obligations until the earliest expiration of those terms under the
contract;
(5) monitor the implementation by the port authority of any
recommendations made by the inspector general; and
(6) perform any other functions that are necessary or appropriate to
fulfill the duties and responsibilities of office.
7. Open meetings. a. All meetings of the port authority shall be open
to the public and members of the news media, individually and
collectively, for the purpose of observing the full details of all
phases of the deliberation, policy-making, and decision-making of the
board, except for an executive session initiated upon a majority vote
taken in an open meeting pursuant to a motion. The board of
commissioners may exclude the public only from that portion of a meeting
at which the board of commissioners discusses any:
(1) matter in which the release of information would impair a right to
receive funds from government of the United States;
(2) material the disclosure of which would constitute an unwarranted
invasion of individual or personal privacy;
(3) collective bargaining agreement, or the terms and conditions which
are proposed for inclusion in any collective bargaining agreement,
including the negotiation of the terms and conditions thereof with
employees or representatives of employees of the port authority;
(4) matter involving the purchase, lease, or acquisition of real
property with port authority funds, the proposed acquisition of
securities, the sale or exchange of securities held by the port
authority, or the investment of port authority funds, if public
discussion of the matter would adversely affect the public interest;
(5) matter which would imperil the public safety if disclosed;
(6) pending or anticipated litigation or contract negotiation in which
the port authority is, or may become, a party, or matters falling within
the attorney-client privilege, to the extent that confidentiality is
required for the attorney to exercise the attorney's ethical duties as a
lawyer;
(7) contract negotiations disclosure of which would imperil the port
authority's position or an outcome in the best interest of the
authority, its mission, and the public;
(8) matter involving the employment, appointment, termination of
employment, terms and conditions of employment, evaluation of the
performance of, promotion or disciplining of any specific prospective
officer or employee or current officer or employee employed or appointed
by the port authority, unless all the individual employees or appointees
whose rights could be adversely affected request in writing that the
matter or matters be discussed at a public meeting; or
(9) deliberation of the port authority occurring after a public
hearing that may result in the imposition of a specific civil penalty
upon the responding party or the suspension or loss of a license or
permit belonging to the responding party as a result of an act of
omission for which the responding party bears responsibility.
b. The port authority shall make meeting agendas available to the
public at least 72 hours before each meeting of the board and each
meeting of each committee. In addition, the port authority shall send
via electronic mail the agenda and public documents pertaining to a
board or committee meeting to the public information office of each
state's legislature at least 72 hours before the meeting. Public notice
of the time and place of a meeting shall be provided to appropriate
media outlets, shall be conspicuously posted in one or more designated
areas, and shall be conspicuously posted via the port authority's
official website at least five business days before the meeting.
c. The port authority shall make available to the public documents in
the following manner: the agenda and public documents pertaining to a
board or committee meeting shall be available for public inspection at
an office of the port authority; and the agenda and public documents
pertaining to a board or committee meeting shall be posted on the port
authority's website.
d. At each public meeting of the board and at each public meeting of
each committee, the public shall be allotted at least 30 minutes to
speak on any topic on the agenda. The board or committee shall expand
the comment time when necessary to provide a reasonable opportunity for
the public to comment. The public speaking period shall take place prior
to any board or committee action.
e. The port authority shall keep reasonably comprehensible minutes of
all its meetings showing the time and place, the members present, the
subjects considered, the actions taken, and the vote of each member. The
minutes shall be available to the public within two weeks from the date
of the meeting to the extent that public disclosure shall not be
inconsistent with paragraph a of this subdivision. The minutes shall
indicate for each item on the agenda the vote or recusal of each board
member in attendance at an open meeting, or an executive session of the
board or a committee of the board. Each item on the agenda shall be
voted on separately.
8. Barrier-free access. The port authority shall make or cause to be
made all reasonable efforts to ensure that meetings are held in
facilities that permit barrier-free physical access to people with
disabilities. If the board determines to use video conferencing or
similar technology to conduct its meeting, it shall provide an
opportunity for the public to attend, listen and observe such a meeting.
* NB Effective upon the enactment into law of legislation having an
identical effect by the state of New Jersey
ARTICLE V.
The commissioners shall, for the purpose of doing business, constitute
a board and may adopt suitable by-laws for its management.
ARTICLE VI.
The port authority shall constitute a body, both corporate and
politic, with full power and authority to purchase, construct, lease
and/or operate any terminal or transportation facility within said
district; and to make charges for the use thereof: and for any of such
purposes to own, hold, lease and/or operate real or personal property,
to borrow money and secure the same by bonds or by mortgages upon any
property held or to be held by it. No property now or hereafter vested
in or held by either state, or by any county, city, borough, village,
township or other municipality, shall be taken by the port authority,
without the authority or consent of such state, county, city, borough,
village, township or other municipality, nor shall anything herein
impair or invalidate in any way any bonded indebtedness of such state,
county, city, borough, village, township or other municipality, nor
impair the provisions of law regulating the payment into sinking funds
of revenues derived from municipal property, or dedicating the revenues
derived from any municipal property to a specific purpose.
The powers granted in this article shall not be exercised by the port
authority until the legislatures of both states shall have approved of a
comprehensive plan for the development of the port as hereinafter
provided.
ARTICLE VII.
The port authority shall have such additional powers and duties as may
hereafter be delegated to or imposed upon it from time to time by the
action of the legislature of either state concurred in by the
legislature of the other. Unless and until otherwise provided, it shall
make an annual report to the legislature of both states, setting forth
in detail the operations and transactions conducted by it pursuant to
this agreement and any legislation thereunder. The port authority shall
not pledge the credit of either state except by and with the authority
of the legislature thereof.
* ARTICLE VII-A
The port authority shall file with the temporary president and
minority leader of the senate and the speaker and minority leader of the
assembly, the chairman of the assembly ways and means committee and the
chairman of the senate finance committee of the state of New York and
the president, minority leader and secretary of the senate and the
speaker, minority leader and clerk of the general assembly of the state
of New Jersey a copy of the minutes of any action taken at any public
meeting of the port authority. Such filing shall be made on the same day
such minutes are transmitted to the governor of each state for review;
and notice of such filing shall be provided to the governor of each
state at the same time. Failure to effectuate any such filing shall not
impair the ability of the authority to act pursuant to a resolution of
its board. Such filing shall not apply to any minutes required to be
filed pursuant to section twenty of chapter six hundred fifty-one of the
laws of nineteen hundred seventy-eight.
The temporary president and minority leader of the senate, the speaker
and minority leader of the assembly, the chairman of the assembly ways
and means committee and the chairman of the senate finance committee of
the state of New York and the speaker and minority leader of the general
assembly and the president and the minority leader of the senate of the
state of New Jersey, or representatives designated by them in writing
for this purpose, may by certificate filed with the secretary of the
port authority waive the foregoing filing requirement with respect to
any specific minutes.
* NB Effective pending passage of identical legislation by the state
of New Jersey
* ARTICLE VII-B
1. Needs assessment. The port authority shall require that a needs
assessment be conducted by an independent entity prior to any increase
in tolls for the use of any port authority bridge or tunnel, or fares
for the use of the port authority trans-Hudson corporation rail system.
The assessment shall be presented by the independent entity to the board
of commissioners at a public meeting to be held at least ninety days
prior to any meeting of the board of commissioners to vote to any
increase in the tolls for the use of any port authority bridge or
tunnel, or fares for the use of the port authority trans-Hudson
corporation rail system.
2. Public hearings. Not less than 30 days and not more than 90 days
prior to any vote or action taken by the board of commissioners relating
to any increase in the tolls for the use of any port authority bridge or
tunnel, or fares for the use of the port authority trans-Hudson
corporation rail system, the port authority shall conduct at least six
public hearings in the manner prescribed as follows:
a. Locations for public hearings shall be selected in such a way as to
be geographically accessible to a majority of users of the facility or
facilities to be impacted by the toll or fare increase, as determined by
port authority data, provided that at least one hearing shall be held in
each state.
b. At least 72 hours before the first hearing held pursuant to this
section, the port authority shall make the following information
available to the public, including posting on the port authority's
official website:
(1) a written explanation of why the increase in tolls or fares is
necessary;
(2) the amount of revenue expected to be generated from the increase
in tolls or fares; and
(3) a detailed explanation of how the revenues raised from the
increase in tolls or fares is expected to be spent.
c. Each hearing shall be attended by at least two commissioners from
New York and two commissioners from New Jersey in office at the time of
the hearing.
d. The port authority shall hold no more than one public hearing in a
single day, and at least one-half of the public hearings shall be
scheduled to begin after 6:30 p.m., eastern standard time, on a weekday.
e. The port authority shall ensure that each of the requirements set
forth in this subdivision shall be complied with before placing on the
meeting agenda of the board of commissioners any item or matter relating
to an increase in tolls or fares.
3. Subsidiaries of the port authority. a. The port authority shall
provide notice to the governor of each state, the majority leader of
each house of the legislature of each state, the chair of the finance
committee of New York, the chair of the senate budget and appropriations
committee of New Jersey, the chair of assembly ways and means committee
of New York, and the chair of the budget committee of New Jersey that it
will be creating a subsidiary no less than 60 days prior to the
formation of the subsidiary.
b. The creation of a subsidiary corporation shall be approved by the
board of commissioners.
c. On or before the first day of January, two thousand sixteen, and
annually thereafter, any subsidiary corporation, in cooperation with the
port authority, shall provide to the governor and legislature of each
state a report on the subsidiary corporation. Such report shall include
for each subsidiary:
(1) The complete legal name, address and contact information of the
subsidiary;
(2) The structure of the organization of the subsidiary, including the
names and titles of each of its members, directors and officers, as well
as a chart of its organizational structure;
(3) The complete by-laws and legal organization papers of the
subsidiary;
(4) A complete report of the purpose, operations, mission and projects
of the subsidiary; and
(5) Any other information the subsidiary corporation deems important
to include in such report.
* NB Effective upon the enactment into law legislation having an
identical effect by the state of New Jersey
* ARTICLE VII-C
1. Annual reporting. The port authority shall publish a comprehensive
annual financial report, submitted annually to the governors and state
legislatures of New York and New Jersey and made available on the port
authority's website within 120 days after the end of its fiscal year.
The annual report shall include the agency's financial statements,
statistical and other regional data, and a narrative of the agency's
activities during the year of the report. The annual report shall
include:
a. an introductory section including: (1) a letter of transmittal to
the governors of New York and New Jersey; (2) information regarding the
board of commissioners, port authority officers and executive
management; (3) a letter to the board of commissioners from the chief
executive officer of the port authority highlighting important
developments; (4) a description of major agency activities undertaken
during the prior year; and (5) a letter to the board of commissioners
from the chief financial officer of the port authority with respect to
the consolidated financial statements of the port authority.
b. a financial section including: (1) an independent auditor's report;
(2) management's discussion and analysis; (3) financial statements; (4)
its financial reports certified by the chair and vice-chair of the
board, chief executive officer, and chief financial officer of the port
authority, including (a) audited financials in accordance with generally
accepted accounting principles, known as GAAP, and the accounting
standards issued by the governmental accounting standards board, known
as GASB, (b) grant and subsidy programs, (c) current ratings, if any, of
its bonds issued by recognized bond rating agencies and notice of
changes in such ratings, and (d) long-term liabilities, including leases
and employee benefit plans; (5) a schedule of its bonds and notes
outstanding at the end of its fiscal year, together with a statement of
the amounts redeemed and incurred during such fiscal year as part of a
schedule of debt issuance that includes the date of issuance, term,
amount, interest rate and means of repayment including all refinancings,
calls, refundings, defeasements and interest rate exchange or other such
agreements; and (6) at a minimum a four-year financial plan, including
(a) a current and projected capital budget, and (b) an operating budget
report, including an actual versus estimated budget, with an analysis
and measurement of financial and operating performance.
c. a statistical section presenting additional information as context
for further understanding of the information in the financial
statements, note disclosures and schedules, including (1) financial
trends; (2) debt capacity; (3) operating and service data; (4)
information on port authority operating results; (5) information on port
authority capital program components; (6) information on port authority
facility traffic; and (7) selected statistical, demographic and economic
data on the New York-New Jersey metropolitan region.
d. a corporate information section providing: (1) a list of all real
property of the port authority; (2) a list and full description of real
property and personal property that has a sale price of over $10,000
disposed of during the period, including the price received by the port
authority and the name of the purchaser for all property sold by the
port authority during the period; (3) a compensation schedule that shall
include, by position, title and name of the person holding such position
or title, the salary, compensation, allowance and/or benefits provided
to any officer, director or employee in a decision making or managerial
position of such authority whose base salary is in excess of $150,000;
(4) biographical information, not including confidential personal
information, for all directors and officers and employees for whom
salary reporting is required; (5) a description of the authority and its
board structure, including (a) names of committees and committee
members, (b) lists of board meetings and attendance, (c) descriptions of
major authority units, subsidiaries, and (d) number of employees; (6)
its mission statement, charter, if any, and by-laws; and (7) a
description of any material pending litigation in which the port
authority is involved as a party during the reporting year.
2. Audits and financial statements. a. The port authority shall
prepare financial statements on an annual basis, in accordance with
generally accepted accounting principles, known as GAAP, and the
accounting standards issued by the governmental accounting standards
board, known as GASB.
b. The audit committee of the board of commissioners of the port
authority shall arrange for an independent firm of certified public
accountants to perform an audit of the financial statements of the port
authority each year, in accordance with generally accepted accounting
principles and standards referenced in paragraph a of this subdivision.
Each independent firm of certified public accountants that performs any
audit required by this article shall timely report to the audit
committee of the port authority: (1) all critical accounting policies
and practices to be used; and (2) other material written communications,
that is not privileged or confidential, between the independent firm of
certified public accountants and the management of the port authority,
including the management letter along with management's response or plan
of corrective action, material corrections identified or schedule of
unadjusted differences.
c. Every financial statement prepared pursuant to this subdivision
shall be approved by the board of commissioners. As a condition to the
issuance of the annual financial statements of the port authority, the
chief executive officer and the chief financial officer of the port
authority shall be required to make a written certification to that
effect that, to the best of their knowledge and belief, the financial
and other information in the consolidated financial statements is
accurate in all material respects and has been reported in a manner
designed to present fairly the port authority's net assets, changes in
net assets, and cash flows, in accordance with generally accepted
accounting principles and standards referenced in paragraph a of this
subdivision; and, that on the basis that the cost of internal controls
should not outweigh their benefits, the port authority has established a
comprehensive framework of internal controls to protect its assets from
loss, theft, or misuse, and to provide reasonable (rather than absolute)
assurance regarding the reliability of financial reporting and the
preparation of the consolidated financial statements in accordance with
generally accepted accounting principles and standards referenced in
paragraph a of this subdivision.
d. Notwithstanding any other provision of law to the contrary, the
port authority shall not contract with an independent firm of certified
public accountants for audit services to the authority if the lead or
coordinating audit partner having primary responsibility for the audit,
or the audit partner responsible for reviewing the audit, has performed
audit services for the two previous fiscal years of such authority.
e. The port authority shall not contract with the independent firm of
certified public accountants performing the port authority's audit for
any non-audit services to such authority contemporaneously with the
audit, unless receiving previous written approval by the audit committee
including: (1) bookkeeping or other services related to the accounting
records or financial statements of such authority; (2) financial
information systems design and implementation; (3) appraisal or
valuation services, fairness opinions, or contribution-in-kind reports;
(4) actuarial services; (5) internal audit outsourcing services; (6)
management functions or human services; (7) broker or dealer, investment
advisor, or investment banking services; and (8) legal services and
expert services unrelated to the audit.
f. The port authority shall not contract with an independent firm of
certified public accountants for any audit service if the chief
executive officer, comptroller, chief financial officer, treasurer, or
any other person serving in an equivalent position for the authority,
was employed by that independent firm of certified public accountants
and participated in any capacity in the audit of the authority during
the one year period preceding the date of the initiation of the audit.
3. The port authority shall make accessible to the public via its
website an executive summary of its most recent independent audit report
unless such information is exempt from disclosure pursuant to either
state's freedom of information laws.
* NB Effective upon the enactment into law legislation having an
identical effect by the state of New Jersey
* ARTICLE VII-D
1. Property disposition. Any sale of real property by the port
authority shall be undertaken and conducted pursuant to the provisions
of the existing laws governing the sale of real property by the port
authority in the state in which such real property is located and by
approval of the board of commissioners.
a. No disposition of real property, or any interest in real property,
shall be made unless an appraisal of the value of such real property has
been made by an independent appraiser and included in the record of the
transaction, and, provided further, that no disposition of any other
real property, which because of its unique nature or the unique
circumstances of the proposed transaction is not readily valued by
reference to an active market for similar real property, shall be made
without a similar appraisal.
b. Disposal of real property for less than fair market value. No
property owned, leased, or otherwise in the control of the port
authority may be sold, leased, or otherwise alienated for less than its
fair market value unless:
(i) the transferee is a government or other public entity, and the
terms and conditions of the transfer require that the ownership and use
of the real property will remain with the government or any other public
entity; or
(ii) the purpose of the transfer is within the purpose, mission, or
governing statute of the port authority and a written determination is
made by the board of commissioners that there is no reasonable
alternative to the proposed below-market transfer that would achieve the
same purpose of such transfer, prior to board approval of such a
transfer.
c. The board shall adopt, within six months of the effective date of
this article, appropriate rules and regulations concerning disposition,
acquisition, and transfer of real property or any interest in real
property by the port authority which shall, at a minimum, include a
requirement that the following information be made available to the
board of commissioners at the meeting where approval of such a
disposition, acquisition or transfer is scheduled:
(i) a full description of the property;
(ii) a description of the purpose of the disposition, acquisition, or
transfer;
(iii) a statement of the value to be received from such a disposition,
acquisition, or transfer;
(iv) the names of any private parties participating in the
disposition, acquisition, or transfer; and
(v) in the case of a property disposition for less than fair market
value, an explanation and a written determination by the board of
commissioners that there is no reasonable alternative to the proposed
below-market value that would achieve the same purpose of such
disposition.
d. Not less than ten days in advance of any meeting of the board of
commissioners of the port authority at which the board of commissioners
is to consider an action to authorize the sale of real property owned by
the port authority, the chief executive officer of the port authority
shall provide public notice of such proposed action along with relevant
material terms and provisions of such sale including, but not limited
to, the information made available pursuant to paragraph c of this
subdivision, by posting on the port authority's website.
e. The chief executive officer may authorize or arrange for contracts
for the sale of personal property owned by the port authority or arrange
for contracts for the sale of personal property owned by the port
authority upon such terms and conditions as the chief executive officer
may deem proper and execute the same on behalf of the port authority
where the value of such personal property is not in excess of one
million dollars; provided, however, that personal property valued at
more than $250,000 shall not be sold by authority of the chief executive
officer other than to the highest bidder after public advertisement.
Where the value of such personal property is in excess of $1,000,000,
the sale of such property must be authorized by the board of
commissioners of the port authority upon such terms as the board of
commissioners may deem proper.
f. The port authority may retain brokers or third-party vendors that
facilitate online auctions, or assist in disposing of surplus real and
personal property of the port authority.
2. Debt issuance. a. The issuance of any bonds, notes or other
instruments of indebtedness by the port authority shall be undertaken in
a manner consistent with applicable laws governing the port authority
and covenants with the holders of the port authority's bonds, notes or
other instruments of indebtedness.
b. At least sixty days prior to the end of its fiscal year, the port
authority shall submit to the governor, state comptroller, and
legislature of each state a statement of intent in regards to the
issuance of and overall amount of bonds, notes, or other debt
obligations anticipated, at the time the statement is submitted, during
the next fiscal year.
3. Capital plan. The port authority shall adopt a ten-year capital
plan that is developed using a comprehensive planning process and
risk-based prioritization that considers asset condition, operational
and revenue impact, threat assessment, customer service, regional
benefit, and regulatory or statutory requirements. The capital plan
shall be dependent upon the availability of sufficient funding and other
resources to pursue the capital projects proposed for the ten-year
period. Performance progress and revisions to reflect changes in
programs, policies and projects and the environment in which the port
authority operates shall be reviewed regularly by a committee designated
by the board of commissioners, and the capital plan shall be revised
periodically as necessary and appropriate, and shall be reviewed with
the board of commissioners annually. The port authority shall publish an
annual report on the status of the capital program and such report shall
be made publicly available on the port authority's website. Prior to
adoption of a capital plan, the port authority shall make such proposed
plan available for public review and comments on its public website for
at least two weeks prior to approval, and all comments received are to
be distributed to the board of commissioners for review prior to
consideration of the capital plan.
4. Operating budget. The port authority shall prepare a detailed
annual operating budget beginning with the fiscal year commencing after
the effective date of the chapter of the laws of 2015 which added this
article. A preliminary annual operating budget shall be made publicly
available on the port authority's website in July of every fiscal year
and a final annual operating budget shall be made publicly available in
February of each fiscal year.
* NB Effective upon the enactment into law legislation having an
identical effect by the state of New Jersey
ARTICLE VIII.
Unless and until otherwise provided, all laws now or hereafter vesting
jurisdiction or control in the public service commission, or the public
utilities commission, or like body, within each state respectively,
shall apply to railroads and to any transportation, terminal or other
facility owned, operated, leased or constructed by the port authority,
with the same force and effect as if such railroad, or transportation,
terminal or other facility were owned, leased, operated or constructed
by a private corporation.
ARTICLE IX.
Nothing contained in this agreement shall impair the powers of any
municipality to develop or improve port and terminal facilities.
ARTICLE X.
The legislatures of the two states, prior to the signing of this
agreement, or thereafter as soon as may be practicable, will adopt a
plan or plans for the comprehensive development of the port of New York.
ARTICLE XI.
The port authority shall from time to time make plans for the
development of said district, supplementary to or amendatory of any plan
theretofore adopted, and when such plans are duly approved by the
legislatures of the two states, they shall be binding upon both states
with the same force and effect as if incorporated in this agreement.
* ARTICLE XI-A
Notwithstanding any other provision of law to the contrary, every
action against the authority for damages or injuries to real or personal
property, or for the destruction thereof, or for personal injuries or
wrongful death shall not be commenced unless a notice of claim shall
have been served on the authority in the manner provided for in the
state where the action is commenced, and in compliance with the
pertinent statutes of the state relating generally to actions commenced
against that state and in compliance with all the requirements of the
laws of that state. Where such state's law permits service upon a
department of that state in lieu of service upon the public entity,
service may be made pursuant to such law. Except in an action for
wrongful death against such an entity, an action for damages or for
injuries to real or personal property, or for the destruction thereof,
or for personal injuries, alleged to have been sustained, shall not be
commenced more than one year and ninety days after the cause of action
therefor shall have accrued or within the time period otherwise
prescribed by any special provision of law of that state, whichever is
longer.
* NB Effective upon enactment of legislation of identical effect by
the state of New Jersey or June 15, 2013, whichever is later
ARTICLE XII.
The port authority may from time to time make recommendations to the
legislatures of the two states or to the congress of the United States,
based upon study and analysis, for the better conduct of the commerce
passing in and through the port of New York, the increase and
improvement of transportation and terminal facilities therein, and the
more economical and expeditious handling of such commerce.
ARTICLE XIII
The port authority may petition any interstate commerce commission (or
like body), commissioner of transportation, public utilities commission
(or like body), or any other federal, municipal, state or local
authority, administrative, judicial or legislative, having jurisdiction
in the premises, after the adoption of the comprehensive plan as
provided for in article ten, for the adoption and execution of any
physical improvement, change in method, rate of transportation, system
of handling freight, warehousing, docking, lightering or transfer of
freight, which, in the opinion of the port authority, may be designed to
improve or better the handling of commerce in and through said district,
or improve terminal and transportation facilities therein. It may
intervene in any proceeding affecting the commerce of the port.
ARTICLE XIV.
The port authority shall elect from its number a chairman,
vice-chairman, and may appoint such officers and employees as it may
require for the performance of its duties, and shall fix and determine
their qualifications and duties.
ARTICLE XV.
Unless and until the revenues from operations conducted by the port
authority are adequate to meet all expenditures, the legislatures of the
two states shall appropriate, in equal amounts, annually, for the
salaries, office and other administrative expenses, such sum or sums as
shall be recommended by the port authority and approved by the governors
of the two states, but each state obligates itself hereunder only to the
extent of one hundred thousand dollars in any one year.
ARTICLE XV-A
1. The legislature finds and declares that the right of the public to
be present at meetings of the port authority of New York and New Jersey,
and to witness in full detail all phases of the deliberation, policy
formulation, and decision making of the authority, is vital to the
enhancement and proper functioning of the democratic process, and that
secrecy in public affairs undermines the faith of the public in
government and the public's effectiveness in fulfilling its role in a
democratic society; and declares it to be the public policy of this
state to insure the right of its citizens to have adequate advance
notice of and the right to attend all meetings of the authority at which
any business affecting the public is discussed or acted upon in any way
except only in those circumstances where otherwise the public interest
would be clearly endangered or the personal privacy of guaranteed rights
of individuals would be clearly in danger of unwarranted invasion.
* 2. As used in this act:
a. "Board" means the board of commissioners of the Port Authority of
New York and New Jersey.
b. "Meeting" means any gathering, whether corporeal or by means of
communication equipment, which is attended by, or open to, the board,
held with the intent, on the part of the board members present, to
discuss or act as a unit upon the specific public business of the
authority. "Meeting" does not mean a gathering (1) attended by less than
an effective majority of the board, or (2) attended by or open to all
the members of three or more similar public bodies at a convention or
similar gathering.
c. "Public business" mean matters which relate in any way, directly or
indirectly, to the performance of the functions of the port authority of
New York and New Jersey or the conduct of its business.
* NB Effective until the enactment into law of legislation having an
identical effect by the state of New Jersey
* 2. As used in this act:
a. "Board" means the board of commissioners of the Port Authority of
New York and New Jersey.
b. "Committee" or "committees" means any standing committee
established by the board tasked with, including, but not limited to, the
audit responsibility, governance responsibility and finance
responsibility required to be established pursuant to this act.
c. "Meeting" means any gathering, whether corporeal or by means of
communication equipment, which is attended by, or open to, the board,
held with the intent, on the part of the board members present, to
discuss or act as a unit upon the specific public business of the
authority. "Meeting" does not mean a gathering (1) attended by less than
a effective majority of the board, or (2) attended by or open to all the
members of three or more similar public bodies at a convention or
similar gathering.
d. "News media" means persons representing major wire services,
television news services, radio news services and newspapers, whether
located in the state of New York or New Jersey or any other state.
e. "Public business" mean matters which relate in any way, directly or
indirectly, to the performance of the functions of the port authority of
New York and New Jersey or the conduct of its business.
* NB Effective upon the enactment into law of legislation having an
identical effect by the state of New Jersey
* 3. The board shall adopt and promulgate appropriate rules and
regulations concerning the right of the public to be present at meetings
of the authority. The board may incorporate in its rules and regulations
conditions under which it may exclude the public from a meeting or a
portion thereof.
Any rules or regulations adopted hereunder shall become a part of the
minutes of the port authority of New York and New Jersey and shall be
subject to the approval of the governor of New Jersey and the governor
of New York.
* NB Effective until the enactment into law of legislation having an
identical effect by the state of New Jersey
* 3. a. The board shall, within six months of the effective date of
the chapter of the laws of 2015 that amended this subdivision, adopt
appropriate rules and regulations concerning proper notice to the public
and the news media of its meetings and the right of the public and the
news media to be present at meetings of the authority. The board may
incorporate in its rules and regulations conditions under which it may
exclude the public from a meeting or a portion thereof.
b. Any rules or regulations adopted hereunder shall become a part of
the minutes of the port authority of New York and New Jersey and shall
be subject to the approval of the governor or New Jersey and the
governor of New York.
* NB Effective upon the enactment into law of legislation having an
identical effect by the state of New Jersey
* ARTICLE XV-B.
1. Notwithstanding any provision to the contrary, the records of the
port authority shall be open to the public in accordance with the laws
of New York, articles 6 and 6-A of the public officers law, and New
Jersey, P.L. 1963, c. 73 (C. 47:1A-1 et seq.), pertaining to the
disclosure of government records.
2. When there is an inconsistency between the law of the state of New
York and the law of the state of New Jersey, the law of the state that
provided the greatest rights of access on the date that the chapter of
the laws of 2014 that added this article became a law shall apply.
3. The provisions of article 78 of the civil practice law and rules of
the state of New York or P.L. 1963, c. 73 (C. 47:1A-1 et seq.), of the
laws of New Jersey, as applicable, shall apply to enforce the provisions
of this article.
* NB Effective and Repealed pending passage of identical legislation
by the state of New Jersey
* ARTICLE XV-B
Notwithstanding any law to the contrary, the port authority shall be
deemed an "agency" and treated as such under the laws of New York, for
all purposes under articles six and six-A of the public officers law,
and shall be deemed a "public agency" and treated as such under New
Jersey, P.L. 1963, c. 73 (C.47:1A-1 et seq.), pertaining to the
disclosure of government records.
* NB Effective pending passage of identical legislation by the state
of New Jersey
ARTICLE XVI
Unless and until otherwise determined by the action of the
legislatures of the two states, no action of the port authority shall be
binding unless taken at a meeting at which at least three of the members
from each state are present, and unless a majority of the members from
each state present at such meeting but in any event at least three of
the members from each state, shall vote in favor thereof. Each state
reserves the right to provide by law for the exercise of a veto power by
the governor thereof over any action of any commissioner appointed
therefrom.
ARTICLE XVII.
Unless and until otherwise determined by the action of the
legislatures of the two states, the port authority shall not incur any
obligations for salaries, office or other administrative expenses,
within the provisions of article fifteen, prior to the making of
appropriations adequate to meet the same.
ARTICLE XVIII.
The port authority is hereby authorized to make suitable rules and
regulations not inconsistent with the constitution of the United States
or of either state, and subject to the exercise of the power of
congress, for the improvement of the conduct of navigation and commerce,
which, when concurred in or authorized by the legislatures of both
states, shall be binding and effective upon all persons and corporations
affected thereby.
ARTICLE XIX.
The two states shall provide penalties for violations of any order,
rule or regulation of the port authority, and for the manner of
enforcing the same.
ARTICLE XX.
The territorial or boundary lines established by the agreement of
eighteen hundred and thirty-four, or the jurisdiction of the two states
established thereby, shall not be changed except as herein specifically
modified.
ARTICLE XXI.
Either state may by its legislature withdraw from this agreement in
the event that a plan for the comprehensive development of the port
shall not have been adopted by both states on or prior to July first,
nineteen hundred and twenty-three; and when such withdrawal shall have
been communicated to the governor of the other state by the state so
withdrawing, this agreement shall be thereby abrogated.
ARTICLE XXII.
Definitions. The following words as herein used shall have the
following meaning: "Transportation facility" shall include railroads,
steam or electric, motor truck or other street or highway vehicles,
tunnels, bridges, boats, ferries, car-floats, lighters, tugs, floating
elevators, barges, scows or harbor craft of any kind, air craft suitable
for harbor service, and every kind of transportation facility now in use
or hereafter designed for use for the transportation or carriage of
persons or property. "Terminal facility" shall include wharves, piers,
slips, ferries, docks, dry docks, bulkheads, dock-walls, basins,
car-floats, float-bridges, grain or other storage elevators, warehouses,
cold storage, tracks, yards, sheds, switches, connections, overhead
appliances, and every kind of terminal or storage facility now in use or
hereafter designed for use for the handling, storage, loading or
unloading of freight at steamship, railroad or freight terminals.
"Railroads" shall include railways, extensions thereof, tunnels,
subways, bridges, elevated structures, tracks, poles, wires, conduits,
power houses, substations, lines for the transmission of power,
car-barns, shops, yards, sidings, turn-outs, switches, stations and
approaches thereto, cars and motive equipment. "Facility" shall include
all works, buildings, structures, appliances and appurtenances necessary
and convenient for the proper construction, equipment, maintenance and
operation of such facility or facilities or any one or more of them.
"Real property" shall include land under water, as well as uplands, and
all property either now commonly or legally defined as real property or
which may hereafter be so defined. "Personal property" shall include
choses in action and all other property now commonly or legally defined
as personal property or which may hereafter be so defined. "To lease"
shall include to rent or to hire. "Rule or regulation," until and unless
otherwise determined by the legislatures of both states, shall mean any
rule or regulation not inconsistent with the constitution of the United
States or of either state, and, subject to the exercise of the power of
congress, for the improvement of the conduct of navigation and commerce
within the district, and shall include charges, rates, rentals or tolls
fixed or established by the port authority; and until otherwise
determined as aforesaid, shall not include matters relating to harbor or
river pollution. Wherever action by the legislature of either state is
herein referred to, it shall mean an act of the legislature duly adopted
in accordance with the provisions of the constitution of the state.
Plural or singular. The singular wherever used herein shall include
the plural.
Consent, approval or recommendation of municipality; how given.
Wherever herein the consent, approval or recommendation of a
"municipality" is required, the word "municipality" shall be taken to
include any city or incorporated village within the port district, and
in addition in the state of New Jersey any borough, town, township or
any municipality governed by an improvement commission within the
district. Such consent, approval or recommendation whenever required in
the case of the city of New York shall be deemed to have been given or
made whenever the board of estimate and apportionment of said city or
any body hereafter succeeding to its duties shall by a majority vote
pass a resolution expressing such consent, approval or recommendation;
and in the case of any municipality now or hereafter governed by a
commission, whenever the commission thereof shall by majority vote pass
such a resolution; and in all other cases whenever the body authorized
to grant consent to the use of the streets or highways of such
municipality shall by a majority vote pass such a resolution.
§ 2. The said agreement or compact, when signed and sealed by the
commissioners of each state as hereinbefore provided, and the
attorney-general of the state of New York, and the attorney-general of
the state of New Jersey if he be designated so to act by the state of
New Jersey, shall become binding upon the state of New York, and shall
be filed in the office of the secretary of state of the state of New
York.
§ 3. If by death, resignation or otherwise, a vacancy occurs among
those appointed hereunder by the state of New York, the governor is
hereby authorized to fill the same.
§ 4. The said commissioners, together with the commissioners appointed
from the state of New Jersey, shall have power to apply to the congress
of the United States for its consent and approval of the agreement or
compact signed by them; but in the absence of such consent of congress
and until the same shall have been secured, the said agreement or
compact shall be binding upon the state of New York in all respects
permitted by law for the two states of New York and New Jersey without
the consent of congress to co-operate, for the purposes enumerated in
said agreement or compact, and in the manner provided herein.
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