Pennsylvania Act 1990-115 — DELAWARE RIVER JOINT COMMISSION COMPACT - SUPPLEMENT

Act text

DELAWARE RIVER JOINT COMMISSION COMPACT - SUPPLEMENT
                 Act of Jul. 11, 1990, P.L. 481, No. 115              Cl. 36
                               A SUPPLEMENT

     To the act of June 12, 1931 (P.L.575, No.200), entitled, "An act
        providing for joint action by Pennsylvania and New Jersey in
        the development of the ports on the lower Delaware River, and
        the improvement of the facilities for transportation across
        the river; authorizing the Governor, for these purposes, to
        enter into an agreement with New Jersey; creating The
        Delaware River Joint Commission and specifying the powers and
        duties thereof, including the power to finance projects by
        the issuance of revenue bonds; transferring to the new
        commission all the powers of the Delaware River Bridge Joint
        Commission; and making an appropriation," authorizing certain
        projects of the Delaware River Port Authority pursuant to
        Article XII of the Compact or agreement between the
        Commonwealth of Pennsylvania and the State of New Jersey
        creating the Delaware River Port Authority.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Legislative findings.
        The General Assembly finds and declares as follows:
            (1)  There is an urgent need for development of port
        facilities in the Commonwealth of Pennsylvania.
            (2)  There is an urgent need for development of port
        facilities in southern New Jersey.
            (3)  Such development can best be undertaken by the
        Delaware River Port Authority.
            (4)  It will be of mutual advantage to the State of New
        Jersey and the Commonwealth of Pennsylvania that the Delaware
        River Port Authority proceed with these projects for the
        improvement and development of the port district for port
        purposes.
            (5)  It would be advantageous to such port development
        for the Delaware River Port Authority to create, acquire,
        construct and operate an International Trade Center in
        Camden, New Jersey, a Regional Intermodal Transfer Facility
        in the southeastern portion of Philadelphia, Pennsylvania,
        and a Regional Port Enhancement and Development Project.
            (6)  Article XII of the Compact between the States
        creating the Delaware River Port Authority provides that it
        shall not be within the power of the Authority to undertake
        such projects unless and until the Legislatures of the
        Commonwealth of Pennsylvania and the State of New Jersey
        shall have authorized the commission to so proceed.
            (7)  The Delaware River Port Authority, pursuant to
        Article XII of the Compact between the States, has requested
        of the Legislatures the authority to proceed with the
        development of an International Trade Center in Camden, New
        Jersey, and requested authority to proceed with the
        development of a Regional Intermodal Transfer Facility in the
        southeastern portion of Philadelphia, Pennsylvania, and
        requested authority to undertake a Regional Port Enhancement
        and Development Project for the Port District.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Authority."  The Delaware River Port Authority.
        "Compact" or "DRPA Compact."  The Compact or agreement
     entered into by the Commonwealth of Pennsylvania and the State
     of New Jersey creating the Delaware River Port Authority.
        "International Trade Center Project."  A project consisting
     of an office building, parking facilities, and other
     appurtenances, and located in the City of Camden, New Jersey, on
     the new Riverside Drive, between Mickle Boulevard and Federal
     Street.
        "Regional Intermodal Transfer Facility."  A project
     consisting of a rail facility, moving stock, and other necessary
     appurtenances, located in the City of Philadelphia within an
     area below the western terminus of the Walt Whitman Bridge.
        "Regional Port Enhancement and Development Projects."  The
     projects described as follows:
            (1)  The development of terminal facilities within the
        port district. Terminal facility is defined in Article XIII
        of the DRPA Compact to include wharves, piers, slips,
        ferries, docks, drydocks, ship repair yards, bulkheads, dock
        walls, basins, carfloats, float-bridges, dredging equipment,
        radio receiving and sending equipment, grain or other storage
        elevators, warehouses, cold storage, tracks, yards, sheds,
        switches, connections, overhead appliances, bunker coal, oil
        and fresh water stations, markets, and every kind of
        terminal, storage or supply facility now in use to facilitate
        passenger transportation and for the handling, storage,
        loading or unloading of freight at terminals, and equipment,
        materials and supplies.
            (2)  A dredging project consisting of a study of future
        dredging needs of the Delaware River in conjunction with the
        Army Corps of Engineers, and the Authority being designated
        as the regional local sponsor for all cost-sharing projects
        that may be approved by the Federal Government in the future.
     Section 3.  Authorization of projects.
        After investigation and study, having concluded plans with
     estimates of costs and means of financing for new projects for
     the improvement of the Delaware River's port facilities, and
     having made to the Legislature of the Commonwealth of
     Pennsylvania and to the Legislature of the State of New Jersey a
     detailed report dealing only with these projects, and having
     requested of the Legislatures authority to proceed with the
     projects described in the report pursuant to Article XII of the
     Compact, the Authority is authorized to finance, construct or
     rent, acquire by purchase or condemnation, operate, maintain,
     lease, own and otherwise deal with an International Trade Center
     Project, a Regional Intermodal Transfer Facility, and Regional
     Port Enhancement and Development Projects, all as described in
     section 2.
     Section 4.  Acquisition of property.
        (a)  Condemnation.--
            (1)  For the effectuation of any of its purposes
        authorized by this act, the Authority is hereby granted, in
        addition to and in support of any other powers heretofore or
        hereafter granted to it, power and authority to acquire in
        its name by purchase or otherwise, on such terms and
        conditions and in such manner as it may deem proper, or by
        the exercise of the power of eminent domain, any land and
        other property which it may determine is reasonably necessary
        for the facilities referred to in this act or for the
        construction thereof as the Authority shall deem necessary,
        and any and all rights, titles and interest in such land and
        other property, including public lands, parks, playgrounds,
        reservations, highways or parkways, owned by or in which any
        public body of the Commonwealth of Pennsylvania or the State
        of New Jersey has any right, title or interest, or parts
        thereof or rights therein and any fee simple absolute or any
        lesser interest in private property, and any fee simple
        absolute in, easements upon, or the benefit or restrictions
        upon, abutting property to preserve and protect such
        facilities, the approaches, rail and highway connections
        thereto.
            (2)  Upon the exercise of the power of eminent domain
        under this act, the compensation to be paid with regard to
        property located in the Commonwealth of Pennsylvania shall be
        ascertained and paid as provided by the act of June 22, 1964
        (Sp. Sess., P.L.84, No.6), known as the Eminent Domain Code,
        insofar as the provisions thereof are applicable and not
        inconsistent with the provisions of the Compact and of this
        act.
            (3)  Upon the exercise of the power of eminent domain
        under this act, the compensation to be paid with regard to
        property located in the State of New Jersey shall be
        ascertained and paid in the manner provided in Chapter 1 of
        Title 20 of the Revised Statutes of New Jersey insofar as the
        provisions thereof are applicable and not inconsistent with
        the provisions of the Compact and of this act.
            (4)  The Authority may join, in separate subdivisions in
        one petition, declaration or complaint, the descriptions of
        any number of trade or parcels of land or property to be
        condemned and the names of any number of owners and other
        parties who may have an interest therein. All such land or
        property included in the petition, declaration or complaint
        may be condemned in a single proceeding; provided, however,
        that separate awards shall be made for each tract or parcel
        of land or property; and provided further, that each of said
        tracts or parcels of land or property lies wholly in or has a
        substantial part of its value lying wholly within the same
        county.
        (b)  New Jersey public utilities.--In addition to any other
     powers heretofore or hereafter granted to it, the Authority, in
     connection with construction or operation of the projects
     authorized by this act, shall have power to make reasonable
     regulations for the installation, construction, maintenance,
     repair, renewal, relocation and removal of tracks, pipes, mains,
     conduits, cables, wires, towers, poles or any other equipment
     and appliances (in this subsection called "works") in section
     48:2-13 of the Revised Statutes of New Jersey in, on, along,
     over or under any such project. Whenever in connection with the
     construction or operation of such projects the Authority shall
     determine that it is necessary that any such works, which are
     now or hereafter may be located in, on, along, over or under
     such projects shall be relocated in such project, or should be
     removed therefrom, the public utility owning or operating such
     works shall relocate or remove the same in accordance with the
     order of the Authority, provided, however, that the cost and
     expenses of such relocations or removal, including the cost of
     installing such works in a new location or new locations, and
     the cost of any lands or any rights or interest in lands or any
     other rights acquired to accomplish such relocation or removal,
     less the cost of any rights or interests in lands or any other
     rights of the public utility paid to the public utility in
     connection with the relocation or removal of such works, shall
     be paid by the Authority and shall be included in the cost of
     such project. In case of any such relocation or removal of works
     as aforesaid, the public utility owning or operating the same,
     its successors or assigns, may maintain and operate such works,
     with the necessary appurtenances, in the new location or
     locations for as long a period, and upon the same terms and
     conditions, as it had the right to maintain and operate such
     works in their former location.
        (c)  Pennsylvania public utilities.--Whenever the Authority
     acquires under this section the whole or any part of the right-
     of-way of a public utility located in the Commonwealth of
     Pennsylvania, the Authority shall, at its own expense, provide a
     substitute right-of-way on another and favorable location. Such
     public utility shall thereupon provide for the transfer to, or
     reconstruction upon, in, under or above said substitute right-
     of-way of any structures and facilities of said public utility
     located upon, in, under or above said original right-of-way at
     the time the same is so acquired. The Authority is hereby
     authorized to enter into agreements with such public utility to
     contribute toward the expense of such transfer or
     reconstruction, and, in the event that they are unable to agree
     on the amount to be paid, the matter shall be referred to the
     Pennsylvania Public Utility Commission which shall, after
     hearing thereon, make a finding of the amount to be paid to such
     public utility by the Authority. In case of failure of such
     public utility, within a reasonable time after notice so to do,
     to remove its facilities to such substitute right-of-way, the
     Pennsylvania Public Utility Commission shall have jurisdiction,
     on petition of the Authority, to order such transfer or
     reconstruction. Any party to such proceedings shall have the
     right of appeal from the ruling of the Pennsylvania Public
     Utility Commission.
        (d)  Utility rights-of-way.--The Authority is hereby
     authorized to acquire, by purchase or by the exercise of the
     power of eminent domain, any necessary land or right-of-way for
     the relocation of any such public utility right-of-way and
     facilities. The substitute right-of-way thus acquired shall be
     equal in estate to the original right-of-way acquired from the
     public utility, and the Authority shall deliver to the public
     utility a deed, duly executed and acknowledged, conveying to it
     an estate in the substitute right-of-way at least equal to that
     owned by the public utility in the original right-of-way, or, if
     such right-of-way is to be acquired by purchase, the Authority
     shall procure and deliver to the public utility a deed conveying
     such estate to it from the owner of the land on which such
     substitute right-of-way is located.
        (e)  Application of section.--This section shall have no
     application to the relocation of public utility facilities
     located in the beds of public streets, roads or highways.
     Section 5.  Entry upon lands.
        The Authority and its duly authorized agents and employees
     may enter upon land in the Commonwealth of Pennsylvania and the
     State of New Jersey for the purpose of making such surveys, maps
     or other examinations thereof as it may deem necessary or
     convenient for the purposes of acquiring and constructing the
     facilities authorized by this act.
     Section 6.  Tax exemption.
        In addition to all tax exemptions given by the Compact to the
     Authority, to its property and to the bonds or obligations
     issued by it, no property, real or personal nor its transfer or
     use shall be subject to any tax by the Commonwealth of
     Pennsylvania or State of New Jersey, or any political
     subdivision of either of them, imposed on the purchase, use,
     sale or transfer or on the privilege of transferring title to
     such property, or on the execution, delivery or recording of any
     written instrument in connection therewith, to or by the
     Authority, in carrying out the projects authorized by this act
     or in carrying out any other undertaking of the Authority.
     Section 7.  Collection of tolls, rents and other charges.
        As provided in the Compact, and in any event, not in
     derogation of any powers granted therein or in any manner
     heretofore, the Authority is authorized to establish, levy,
     collect and combine tolls, rents, user fees, rates and other
     charges and revenues in accordance with the Compact and the
     Congressional consents thereto as it may deem convenient or
     necessary and for the use of the projects, and to use and pledge
     the same as provided in the Compact and the Congressional
     consents thereto. The projects may be constructed, in whole or
     in part, with funds raised by the Authority on bonds or other
     securities or obligations issued or incurred by it pursuant to
     the Compact.
     Section 8.  Credit not be pledged.
        Notwithstanding any provision of this act, the Authority
     shall have no power to pledge the credit of the Commonwealth of
     Pennsylvania, or the credit of the State of New Jersey, or the
     credit of any county, city, borough, village, township or other
     municipality of said Commonwealth or of said State, or to create
     any debt of said Commonwealth of said State or of said
     municipality.
     Section 9.  Construction of act.
        Any powers vested in the Authority by this act shall be in
     addition to and not in diminution of the powers heretofore
     vested by law in the Authority.
     Section 10.  Effective date.
        This act shall take effect upon the date of final enactment
     of legislation of the State of New Jersey having a substantially
     similar effect as this act, but, if the State of New Jersey has
     already enacted such legislation, this act shall take effect
     immediately.