Pennsylvania Act 1996-70 — DELAWARE RIVER JOINT TOLL BRIDGE COMMISSION - AMEND

Act text

DELAWARE RIVER JOINT TOLL BRIDGE COMMISSION - AMEND
                  Act of Jul. 1, 1996, P.L. 457, No. 70               Cl. 36
                               A SUPPLEMENT

     To the act of June 25, 1931 (P.L.1352, No.332), entitled "An act
        providing for joint action by the Commonwealth of
        Pennsylvania and the State of New Jersey in the
        administration, operation, and maintenance of bridges over
        the Delaware River, and for the construction of additional
        bridge facilities across said river; authorizing the
        Governor, for these purposes, to enter into an agreement with
        the State of New Jersey; creating a Delaware River Joint Toll
        Bridge Commission and specifying the powers and duties
        thereof, including the power to finance the construction of
        additional bridges by the issuance of revenue bonds to be
        redeemed from revenues derived from tolls collected at such
        bridges; transferring to said commission all powers now
        exercised by existing commission created to acquire toll
        bridges over the Delaware River; and making an
        appropriation," requiring the commission to adopt competitive
        purchasing, equal opportunity employment and competitive
        hiring practices.

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

     Section 1.  Legislative findings and declarations.
        The General Assembly finds and declares as follows:
            (1)  The Delaware River Joint Toll Bridge Commission was
        created by the Commonwealth of Pennsylvania and the State of
        New Jersey, with the consent of Congress, to provide an
        efficient means of carrying out the planning, construction,
        maintenance and rehabilitation of certain Delaware river
        crossings.
            (2)  The Commonwealth of Pennsylvania and the State of
        New Jersey rely upon the commission to competently execute
        the duties and powers delegated to it as well as carefully
        managing the not inconsiderable financial means available to
        the commission.
            (3)  Notwithstanding the delegation of power to the
        commission, it is incumbent upon the Commonwealth of
        Pennsylvania and the State of New Jersey to ensure that the
        commission carries out its duties in a manner which ensures
        prudent use of toll payer moneys.
            (4)  Therefore, it is in the best interest of the public
        to supplement or limit the powers of the commission, as the
        case may be, to require the commission to competitively bid
        contracts in accordance with the public policies of the
        Commonwealth of Pennsylvania and the State of New Jersey.
     Section 2.  Contracts.
        The Delaware River Joint Toll Bridge Commission, in the
     exercise of its authority to make and enter into contracts and
     agreements necessary or incidental to the performance of its
     duties and the execution of its powers, shall adopt standing
     operating rules and procedures requiring that, except as
     hereinafter provided, no contract on behalf of the commission
     shall be entered into for the doing of any work or for the
     hiring of equipment or vehicles where the sum to be expended
     exceeds $10,000 unless the commission shall first publicly
     advertise for bids therefor, and requiring that the commission
     award the contract to the lowest responsible bidder; provided,
     however, that such advertising shall not be required where the
     contract to be entered into is one for the furnishing or
     performing services of a professional nature or for the
     supplying of any product or the rendering of any service by a
     public utility subject to the jurisdiction of the Pennsylvania
     Public Utility Commission or the Board of Regulatory
     Commissioners of New Jersey and tariffs and schedules of the
     charges made, charged or exacted by the public utility for any
     such products to be supplied or services to be rendered are
     filed with the appropriate boards.
     Section 3.  Power of commission.
        This act shall not prevent the commission from having any
     work done by its own employees, nor shall it apply to repairs or
     to the furnishing of materials, supplies or labor or the hiring
     of equipment or vehicles, when the safety or protection of its
     or other public property or the public convenience require or
     the exigency of the commission's service will not admit of such
     advertisement. In such case the commission shall by resolution
     passed by the affirmative vote of a majority of its members
     declare the exigency or emergency to exist and set forth in the
     resolution the nature thereof and the approximate amount to be
     so expended.
     Section 4.  Adjustment of threshold amount.
        The commission may annually adjust the threshold amount in
     direct proportion to the rise or fall of the Consumer Price
     Index for All Urban Consumers in the New York City and
     Philadelphia areas as reported by the United States Department
     of Labor.
     Section 5.  Equal opportunity employment and competitive hiring
                    practices.
        (a)  Program.--The Delaware River Joint Toll Bridge
     Commission shall formulate and abide by a program of equal
     opportunity in accordance with the provisions of the Law Against
     Discrimination (L.1945 C. 169, p. 589, N.J.S.A. 10:5-1 et seq.)
     and the act of October 27, 1955 (P.L.744, No.222), known as the
     Pennsylvania Human Relations Act.
        (b)  Hiring.--The commission, in the exercise of its
     authority to appoint officers, agents and employees, shall adopt
     a policy of open and competitive hiring practices. The policy
     shall provide at a minimum that job application forms be
     available at all commission facilities.
     Section 6.  Applicability.
        This act shall apply as follows:
            (1)  This act shall apply upon the enactment into law by
        the State of New Jersey of legislation having an identical
        effect with this act, but, if the State of New Jersey has
        already enacted such legislation, this act shall apply
        immediately, except as provided in paragraph (2).
            (2)  Notwithstanding paragraph (1), this act shall remain
        inoperative until the enactment of the act of July 11, 1996
        (P.L.556, No.99), entitled "An act amending the act of June
        25, 1931 (P.L.1352, No.332), entitled 'An act providing for
        joint action by the Commonwealth of Pennsylvania and the
        State of New Jersey in the administration, operation, and
        maintenance of bridges over the Delaware River, and for the
        construction of additional bridge facilities across said
        river; authorizing the Governor, for these purposes, to enter
        into an agreement with the State of New Jersey; creating a
        Delaware River Joint Toll Bridge Commission and specifying
        the powers and duties thereof, including the power to finance
        the construction of additional bridges by the issuance of
        revenue bonds to be redeemed from revenues derived from tolls
        collected at such bridges; transferring to said commission
        all powers now exercised by existing commission created to
        acquire toll bridges over the Delaware River; and making an
        appropriation,' further providing for powers, for a
        limitation on certain employment and for joint audits," and
        similar legislation enacted by the State of New Jersey, and
        the approval, if necessary, by the Congress of the United
        States of the amendments to the compact described in this
        paragraph.
     Section 7.  Effective date.
        This act shall take effect immediately.