2023 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;
(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; and
(6)  information  concerning services for human trafficking victims in
port authority bus terminals. 1. Any bus terminal maintained or operated
by the port authority shall make  available  in  plain  view  and  in  a
conspicuous  place  and  manner  in  the  public  restrooms  and  in any
lactation rooms, informational cards and/or signs developed by:
(a) the office of temporary and disability assistance in  consultation
with the New York state interagency task force on human trafficking; or
(b) the United States Department of Homeland Security.
2.  All  informational  cards and signs shall only contain information
concerning services for human trafficking victims and shall  prominently
include the national human trafficking hotline telephone number.
3.  For  purposes  of  this  section,  "lactation  room"  shall mean a
hygienic place, other than a restroom, that: (a) is shielded from  view;
(b)  is  free  from  intrusion; (c) contains a chair, a working surface,
and,  if  the  building  is  otherwise  supplied  with  electricity,  an
electrical  outlet;  and  (d)  is  intended  to  be used for the primary
purpose of breastfeeding or expressing breast milk.
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  receive  and
investigate  complaints  from  any  source,  or  upon  his  or  her  own
initiative,   concerning   allegations  of  corruption,  fraud,  use  of
excessive force, criminal activity, conflicts of interest  or  abuse  by
any  police  officer  under  the jurisdiction of 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 VII-E
1. a. For the purposes of this article:
(i)  "Domestic  companion  animal"  means a companion animal or pet as
defined in section three hundred fifty of the  agriculture  and  markets
law   and  shall  also  mean  any  other  domesticated  animal  normally
maintained in or near the household of the owner or person who cares for
such other domesticated animal. "Pet" or "companion  animal"  shall  not
include  a  "farm  animal," as defined in section three hundred fifty of
the agriculture and markets law.
(ii) "Public transportation or public  transportation  service"  means
rail  passenger  service,  motorbus  regular  route service, paratransit
service, motorbus charter service, and ferry passenger service.
b. (i) In the event that a state of emergency has been declared and an
evacuation of any region of the state is in progress,  the  owner  of  a
domestic  companion  animal  shall  be  permitted  to  board  any public
transportation  or  public  transportation  service  with  the  domestic
companion  animal so long as that animal is under the owner's control by
use of a leash or tether, or is  properly  confined  in  an  appropriate
container  or  by  other  suitable means, provided that such boarding is
authorized by and consistent  with  the  provisions  of  state  disaster
emergency  plans  or  local  state  of emergency plans pertaining to the
needs of animals and individuals with an animal under  their  care.  The
provisions  of  this  article shall only apply to the owners of domestic
companion animals who are evacuating from a region of the state affected
by the emergency or local  disaster  emergency  as  defined  in  section

twenty  of  the executive law, or a local state of emergency, as defined
in section twenty-four of the executive law.
(ii)  A  domestic  companion animal may be refused permission to board
any public transportation or public transportation service, even if  the
animal  is  under the owner's control or properly confined in accordance
with this paragraph if there is reasonable cause to believe that, due to
attendant circumstances, permitting the animal to  board  would  pose  a
health or safety hazard.
c. All passengers with service animals shall be given priority seating
on  all  means of transportation regulated by this article in accordance
with the federal "Americans with Disabilities Act of  1990"  (42  U.S.C.
s.12101  et  seq.).  For  the purposes of this article, "service animal"
shall have the same meaning as set forth in the federal "Americans  with
Disabilities   Act  of  1990"  (42  U.S.C.  s.12101  et  seq.)  and  any
regulations under the act.
d.  All  passengers   on   any   public   transportation   or   public
transportation  service  shall  be  provided  seating  before a domestic
companion animal may be placed in a seat.
2. The port authority is hereby authorized to make  and  enforce  such
rules and regulations necessary for the implementation of this article.
* 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.