S2012

An Act abolishing the Delaware River Joint Toll Bridge Commission, transferring the bridges under the jurisdiction of that commission to the New Jersey or Pennsylvania Departments of Transportation, removing the tolls on certain of these bridges, supplementing Title 32 of the Revised Statutes and repealing various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Commission" means the Delaware River Joint Toll Bridge Commission.

"Joint state auditors" means the Auditor General of Pennsylvania and the State Auditor of New Jersey.

"Operative Date" means the date, pursuant to section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), on which P.L. , c. (C. ) (pending before the Legislature as this bill) shall become operative.

"Transfer Date" means, with the respect to the assumption by the Pennsylvania Department of Transportation or the New Jersey Department of Transportation of the jurisdiction of the bridges of the Delaware River Joint Toll Bridge Commission, the date, pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) upon which the Pennsylvania Secretary of Transportation and the New Jersey Commissioner of Transportation certify to the Governors of Pennsylvania and New Jersey that all bonds issued by the commission cease to be outstanding within the meaning of the resolutions pursuant to which those bonds were issued.

2. On and after the Operative Date, no resolution or other action of the Delaware River Joint Toll Bridge Commission providing for the issuance of bonds, refunding bonds, notes or other obligations shall be adopted or otherwise made effective by the commission.

3. On and after the Operative Date, the commission shall not enter into any new contracts or authorize expenditures for any new projects, new facilities or new equipment and may only enter contracts and authorize expenditures which are necessary for the maintenance and continued safe operation of the bridges under its jurisdiction.

4. The Auditor General of Pennsylvania and the State Auditor of New Jersey shall jointly conduct a financial audit, as of the Operative Date, of all outstanding debt of the commission, including bonds, notes or other obligations, all contractual obligations and all assets and shall submit a report of the audit to the Governors and Legislatures of the Commonwealth of Pennsylvania and the State of New Jersey within three months of the Operative Date. The joint state auditors shall certify in their report the total amount of all outstanding debt of the commission, including bonds, notes or other obligations.

5. a. As soon as practicable following the certification by the joint state auditors of the total amount of the commission's outstanding debt, but no later than six months from the date of the certification, the Commonwealth of Pennsylvania and the State of New Jersey shall each transfer to its respective department of transportation funds in an amount equal to one half of the total amount of certified debt, to be used solely for the purpose of the refunding of the commission's outstanding bonds, notes or other obligations or the payment of any other portion of the total debt of the commission.

b. When the state departments of transportation have received the funds, the Pennsylvania Secretary of Transportation and the New Jersey Commissioner of Transportation shall immediately proceed to refund all outstanding bonds, notes or other obligations of the commission. Upon the completion of the refunding, the commissioner and secretary shall jointly and simultaneously certify to the Governors and Legislatures of the Commonwealth of Pennsylvania and the State of New Jersey that the refunding has occurred.

6. a. On the Transfer Date, the following bridges shall be transferred from the jurisdiction of the commission to the Pennsylvania Department of Transportation:

Trenton-Morrisville Toll Bridge (Route 1),

New Hope-Lambertville Toll Bridge (US 202),

Delaware-Water Gap Toll Bridge ( I-80),

Calhoun Street Bridge,

Washington Crossing Bridge,

Uhlerstown-Frenchtown Bridge,

Riegelsville Bridge,

Northampton Street Bridge,

Riverton-Belvedere Bridge, and

Lumberville-Raven Rock Bridge (pedestrian).

b. On the Transfer Date, the following bridges shall be transferred from the jurisdiction of the commission to the New Jersey Department of Transportation:

Interstate 78 Toll Bridge,

Easton-Phillipsburg Toll Bridge (US 22)

Portland-Columbia Toll Bridge,

Lower Trenton Bridge,

Scudder Falls Bridge (I-95),

New Hope-Lambertville Bridge,

Centre Bridge-Stockton Bridge,

Upper Black Eddy-Milford Bridge,

Milford-Montague Toll Bridge, and

Portland-Columbia Bridge (pedestrian).

c. Upon the transfer of the bridges to the state departments of transportation, the collection of tolls on those bridges charging tolls shall cease.

d. The Pennsylvania Department of Transportation and the New Jersey Department of Transportation shall enter into a joint agreement providing for terms of mutual cooperation in the operation of the bridges.

7. On the Transfer Date:

a. The terms of office of the commissioners of the Delaware River Joint Toll Bridge Commission shall terminate and the officers having custody of the commission's funds shall deliver one half into the custody of the Pennsylvania Secretary of Transportation and one half into the custody of the New Jersey Commissioner of Transportation.

b. Any debts, liabilities, obligations and contracts of the commission, other than the bonds, notes or other obligations to be refunded in accordance with the provisions of subsection b. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall become the responsibility of the state department of transportation which has taken jurisdiction of the bridge which the debt, liability, obligation or contract is related to.

In the case of any debts, liabilities, obligations or contracts not related to a specific bridge, the state departments of transportation shall assign responsibility in accordance with the terms of the joint agreement executed pursuant to subsection d. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. The Delaware River Joint Toll Bridge Commission is abolished.

8. The Governor is authorized to apply, on behalf of the State of New Jersey, to the Congress of the United States for its consent to and approval of, if necessary, the abolishment of the Delaware River Joint Toll Bridge Commission as provided for in P.L. , c. (C. ) (pending before the Legislature as this bill).

9. On the Transfer Date, the following are repealed: R.S.32:8-1 through R.S.32:8-3 inclusive; sections 2 through 5 of P.L.1952, c.333 (C.32:8-3.1 through 3.4); P.L.1994, c.176 (C.32:8-3.5 et seq.); P.L.1994, c.177 (C.32:8-3.8 et seq.); R.S.32:8-4 through 8-15; sections 2 through 3 and 5 through 8 of P.L.1951, c.284 (C.32:8-11.1 et seq.); P.L.1994, c.174 (C.32:8-15.6 et seq.); section 4 of P.L.1951, c.284 (C.32:8-16); P.L.1985, c.342 (C.32:8-17 et seq.); section 1 of P.L.1985, c.343 (C.32:8-23); P.L.1994, c.178 (C.32:8-24 et seq.); R.S.32:9-1 to R.S.32:9-16; P.L.1946, c.298 (C.32:9-17 et seq.); P.L.1952, c.219 (C.32:9A-1); R.S.32:10-1 to 10-6; P.L.1961, c.135 (C.32:10A-1); R.S.32:11-1 to 11-11.

The repeal of any statute herein shall not be deemed to revive any act previously repealed by any such statute.

10. This act shall take effect immediately, but shall remain inoperative until the enactment into law of legislation substantially similar to P.L. , c. (C. ) (pending before the Legislature as this bill) by the Commonwealth of Pennsylvania and the approval by Congress, if necessary, of the abolishment of the Delaware River Joint Toll Bridge Commission as provided for in P.L. , c. (C. ) (pending before the Legislature as this bill).

STATEMENT

This bill would abolish the Delaware River Joint Toll Bridge Commission (DRJTBC), a bi-state authority created by a compact between the Commonwealth of Pennsylvania and the State of New Jersey and the approval of the United States Congress. This bill calls for the two states to pay any outstanding bonds of the commission, transfer ten bridges to each state and remove the tolls from those bridges charging tolls in accordance with the following time line:

- New Jersey passes this bill, effective immediately, but with the operative date delayed,

- Pennsylvania passes substantially similar legislation,

- When the Pennsylvania bill takes effect and congressional approval, if necessary, is received, the New Jersey act becomes operative (Operative Date),

- On the Operative Date:

1. no more bonds may be issued by DRJTBC,

2. no more expenditures or new contracts may be undertaken by DRJTBC except as needed for safe operation of bridges, and

3. joint state auditors begin an audit of DRJTBC.

- Within 3 months, the joint state auditors shall report and certify the amount of DRJTBC debt to the Governors and Legislatures.

- After certification, both state legislatures will have up to six months to transfer to their respective Departments of Transportation (DOTs) funds equal to one half of the certified amount of debt.

- On the Transfer Date, all DRJTBC bonded debt is to be refunded and Pennsylvania Secretary of Transportation and New Jersey Commissioner of Transportation certify that there are no outstanding commission bonds remaining.

- Also on the Transfer Date:

1. ten bridges are to be transferred to each state DOT in accordance with section 6 of the bill,

2. the two state DOTs are to enter a joint agreement for cooperation in operation of the bridges,

3. terms of DRJTBC commissioners are terminated,

4. any funds of DRJTBC are to be delivered in equal shares to both DOTs,

5. any remaining debt, contracts, etc. are to be divided between DOTs,

6. toll collection is to cease,

7. the DRJTBC is abolished, and

8. Certain statutes related to DRJTBC are repealed.