New Jersey § 32:8-17

§ 32:8-17.

The Governor is authorized to enter into a supplemental compact or agreement on behalf

of the State of New Jersey with the Commonwealth of Pennsylvania, supplementing the

compact or agreement entitled “Agreement between the Commonwealth of Pennsylvania

and the State of New Jersey creating the Delaware River Joint Toll Bridge Commission

as a body corporate and politic and defining its powers and duties,” 1 which was executed on behalf of the State of New Jersey by its Governor on December

18, 1934, and on behalf of the Commonwealth of Pennsylvania by its Governor on December

19, 1934, and which compact or agreement was thereafter amended and supplemented by

compacts or agreements executed by the respective States, such supplemental compact

or agreement to be in substantially the following form: “Supplemental agreement between the Commonwealth of Pennsylvania and the State of

New Jersey supplementing the compact or agreement entitled ‘Agreement between the

Commonwealth of Pennsylvania and the State of New Jersey creating the Delaware River

Joint Toll Bridge Commission as a body corporate and politic and defining its powers

and duties,’ as heretofore amended and supplemented, to establish the purposes for

which the commission may fix, charge and collect tolls, rates, rents and other charges

for the use of commission facilities and properties. “The Commonwealth of Pennsylvania and the State of New Jersey do solemnly covenant

and agree, each with the other, as follows: A. (1) Notwithstanding any other provision of the compact or agreement hereby supplemented,

or any provision of law, state or federal, to the contrary, as soon as the existing

outstanding bonded indebtedness of the commission shall be refunded, defeased, retired

or otherwise satisfied and thereafter, the commission may fix, charge and collect

tolls, rates, rents and other charges for the use of any commission facility or property

and in addition to any purpose now or heretofore or hereafter authorized for which

the revenues from such tolls, rates, rents or other charges may be applied, the commission

is authorized to apply or expend any such revenue for the management, operation, maintenance,

betterment, reconstruction or replacement (a) of the existing non-toll bridges, formerly

toll or otherwise, over the Delaware river between the State of New Jersey and the

Commonwealth of Pennsylvania heretofore acquired by the commission pursuant to the

provisions of the act of the State of New Jersey approved April 1, 1912 (Chapter 297),

and all supplements and amendments thereto, 2 and the act of the Commonwealth of Pennsylvania approved May 8, 1919 (Pamphlet Laws

148), and all supplements and amendments thereto, 3 and (b) of all other bridges within the commission's jurisdiction and control. Betterment shall include but not be limited to parking areas for public transportation

services and all facilities appurtenant to approved projects. (2) The commission may borrow money or otherwise incur indebtedness and provide from

time to time for the issuance of its bonds or other obligations for one or more of

the purposes authorized in this supplemental agreement. The commission is authorized to pledge its tolls, rates, rents 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 any of its authorized purposes, and as security for the

satisfaction of any other obligation assumed by it in connection with such loans or

advances. (3) The authority of the commission to fix, charge and collect fees, rentals, tolls

or any other charges on the bridges within its jurisdiction, including the bridge

at the Delaware Water Gap, is confirmed. (4) The covenants of the State of New Jersey and the Commonwealth of Pennsylvania

as set forth in Article VI 4 of the compact to which this is a supplemental agreement shall be fully applicable

to any bonds or other obligations issued or undertaken by the commission. Notwithstanding Article VI or any other provision of the commission's compact, the

State of New Jersey and the Commonwealth of Pennsylvania may construct a bridge across

the Delaware river in the vicinity of Easton, Pennsylvania and Phillipsburg, New Jersey

within 10 miles of the existing toll bridge at that location. All the rest and remainder of the commission's compact, as amended or supplemented,

shall be in full force and effect except to the extent it is inconsistent with this

supplemental agreement. B. The commission is authorized to fix, charge or collect fees, rentals, tolls or

any other charges on the proposed bridge to be constructed in the vicinity of Easton,

Pennsylvania and Phillipsburg, New Jersey in the same manner and to the same extent

that it can do so for other toll bridges under its jurisdiction and control; provided

that the United States Government has approved the bridge to be a part of the National

System of Interstate and Defense Highways with 90% of the cost of construction to

be contributed by the United States Government and provided further that the nonfederal

share of such bridge project is contributed by the commission. The commission is further authorized in the same manner and to the same extent that

it can do so for all other toll bridges under its jurisdiction and control to fix,

charge and collect fees, rentals, tolls or any other charges on any other bridge within

its jurisdiction and control, if such bridge has been constructed in part with federal

funds. C. The consent of Congress to this compact shall constitute federal approval of the

powers herein vested in the commission and shall also constitute authority to the

United States Department of Transportation or any successor agency and the intent

of Congress to grant any federal approvals required hereunder to permit the commission

to fix, charge and collect fees, rentals, tolls or any other charges on the bridges

within its jurisdiction to the extent provided in subsections A. and B. and this subsection

and the commission's compact. D. Notwithstanding the above provisions, the commission shall not fix, charge or collect

fees, rentals, tolls or any other charges on any of the various bridges formerly toll

or otherwise over the Delaware river between the State of New Jersey and the Commonwealth

of Pennsylvania heretofore acquired by the commission pursuant to the provisions of

the act of the State of New Jersey approved April 1, 1912 (Chapter 297), and all supplements

and amendments thereto, and the act of the Commonwealth of Pennsylvania approved May

8, 1919 (Pamphlet Laws 148), and all supplements and amendments thereto. E. At any time that the commission shall be free of all outstanding indebtedness,

the State of New Jersey and the Commonwealth of Pennsylvania may, by the enactment

of substantially similar acts, require the elimination of all tolls, rates, rents

and other charges on all bridges within the commission's jurisdiction and control

and, thereafter, all costs and charges in connection with the construction, management,

operation, maintenance and betterment of bridges within the jurisdiction and control

of the commission shall be the financial responsibility of the states as provided

by law.” 1

N.J.S.A. § 32:8-1 et seq.; Pa.--36 P.S. § 3401. 2

N.J.S.A. §§ 32:9-1 to 32:9-16. 3

36 P.S. §§ 3271 to 3278. 4

N.J.S.A. § 32:8-7.