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2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-68 - Bonds; authorization generally

32:11D-68. Bonds; authorization generally
Bonds and other indebtedness of the commission shall be authorized by resolution of the commission. The validity of the authorization and issuance of any bonds by the commission shall not be dependent upon nor affected in any way by: (i) the disposition of bond proceeds by the commission or by contract, commitment or action taken with respect to such proceeds; or (ii) the failure to complete any part of the project for which bonds are authorized to be issued. The commission may issue bonds in 1 or more series and may provide for 1 or more consolidated bond issues, in such principal amounts and with such terms and provisions as the commission may deem necessary. The bonds may be secured by a pledge of all or any part of the property, revenues and franchises under its control. Bonds may be issued by the commission in such amount, with such maturities and in such denominations and form or forms, whether coupon or registered, as to both principal and interest, as may be determined by the commission. The commission may provide for redemption of bonds prior to maturity on such notice and at such time or times and with such redemption provisions, including premiums, as the commission may determine.
L.1961, c. 13, p. 69, s. 12.5.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-69 - Bonds; resolutions and indentures generally

32:11D-69. Bonds; resolutions and indentures generally
The commission may determine and enter into indentures providing for the principal amount, date or dates, maturities, interest rate, denominations, form, registration, transfer, interchange and other provisions of the bonds and coupons and the terms and conditions upon which the same shall be executed, issued, secured, sold, paid, redeemed, funded and refunded. The resolution of the commission authorizing any bond or any indenture so authorized under which the bonds are issued may include all such covenants and other provisions other than any restriction on the regulatory powers vested in the commission by this compact as the commission may deem necessary or desirable for the issue, payment, security, protection or marketing of the bonds, including without limitation covenants and other provisions as to the rates or amounts of fees, rents and other charges to be charged or made for use of the facilities; the use, pledge, custody, securing, application and disposition of such revenues, of the proceeds of the bonds, and of any other moneys of the commission; the operation, maintenance, repair and reconstruction of the facilities and the amounts which may be expended therefor; the sale, lease or other disposition of the facilities; the insuring of the facilities and of the revenues derived therefrom; the construction or other acquisition of other facilities; the issuance of additional bonds or other indebtedness; the rights of the bondholders and of any trustee for the bondholders upon default by the commission or otherwise; and the modification of the provisions of the indenture and of the bonds. Reference on the face of the bonds to such resolution or indenture by its date of adoption or the apparent date on the face thereof is sufficient to incorporate all of the provisions thereof and of this compact into the body of the bonds and their appurtenant coupons. Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to or detached from the bonds, has recourse to all of the provisions of the indenture and of this compact and is bound thereby.
L.1961, c. 13, p. 70, s. 12.6.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-70 - Maximum maturity

32:11D-70. Maximum maturity
No bond by its terms shall mature in more than 50 years from its own date and in the event any authorized issue is divided into 2 or more series or divisions, the maximum maturity date hereby authorized shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue.
L.1961, c. 13, p. 71, s. 12.7.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-71 - Tax exemption

32:11D-71. Tax exemption
All bonds issued by the commission under the provisions of this compact and the interest thereof shall at all times be free and exempt from all taxation by or under authority of any of the signatory parties, except for transfer, inheritance and estate taxes.
L.1961, c. 13, p. 71, s. 12.8.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-72 - Interest

32:11D-72. Interest
Bonds shall bear interest at a rate determined by the commission, payable annually or semiannually.
L.1961, c. 13, p. 71, s. 12.9. Amended by L.1970, c. 266, s. 1; L.1983, c. 526, s. 1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-73 - Place of payment

32:11D-73. Place of payment
The commission may provide for the payment of the principal and interest of bonds at any place or places within or without the signatory States, and in any specified lawful coin or currency of the United States of America.
L.1961, c. 13, p. 72, s. 12.10.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-74 - Execution

32:11D-74. Execution
The commission may provide for the execution and authentication of bonds by the manual, lithographed or printed facsimile signature of officers of the commission, and by additional authentication by a trustee or fiscal agent appointed by the commission. If any of the officers whose signatures or counter signatures appear upon the bonds or coupons cease to be officers before the delivery of the bond or coupons, their signatures or counter signatures are nevertheless valid and of the same force and effect as if the officers had remained in office until the delivery of the bonds and coupons.
L.1961, c. 13, p. 72, s. 12.11.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-75 - Holding own bonds

32:11D-75. Holding own bonds
The commission shall have power out of any funds available therefor to purchase its bonds and may hold, cancel or resell such bonds.
L.1961, c. 13, p. 72, s. 12.12.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-76 - Sale

32:11D-76. Sale
The commission may fix terms and conditions for the sale or other disposition of any authorized issue of bonds. The commission may sell bonds at less than their par or face value but no issue of bonds may be sold at an aggregate price below the par or face value thereof if such sale would result in a net interest cost to the commission calculated upon the entire issue so sold of more than 6% per annum payable semiannually, according to standard tables of bond values. All bonds issued and sold for cash pursuant to this act shall be sold on sealed proposals to the highest bidder. Prior to such sale, the commission shall advertise for bids by publication of a notice of sale not less than 10 days prior to the date of sale, at least once in a newspaper of general circulation printed and published in New York City carrying municipal bond notices and devoted primarily to financial news. The commission may reject any and all bids submitted and may thereafter sell the bonds so advertised for sale at private sale to any financially responsible bidder under such terms and conditions as it deems most advantageous to the public interest, but the bonds shall not be sold at a net interest cost calculated upon the entire issue so advertised, greater than the lowest bid which was rejected. In the event the commission desires to issue its bonds in exchange for an existing facility or portion thereof, or in exchange for bonds secured by the revenues of an existing facility, it may exchange such bonds for the existing facility or portion thereof or for the bonds so secured, plus an additional amount of cash, without advertising such bonds for sale.
L.1961, c. 13, p. 72, s. 12.13.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-79 - Validation proceedings

32:11D-79. Validation proceedings
Prior to the issuance of any bonds, the commission may institute a special proceeding to determine the legality of proceedings to issue the bonds and their validity under the laws of any of the signatory parties. Such proceeding shall be instituted and prosecuted in rem and the judgment rendered therein shall be conclusive against all persons whomsoever and against each of the signatory parties.
L.1961, c. 13, p. 73, s. 12.16.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-80 - Recording

32:11D-80. Recording
No indenture need be recorded or filed in any public office, other than the office of the commission. The pledge of revenues provided in any indenture shall take effect forthwith as provided therein and irrespective of the date of receipt of such revenues by the commission or the indenture trustee. Such pledge shall be effective as provided in the indenture without physical delivery of the revenues to the commission or to the indenture trustee.
L.1961, c. 13, p. 73, s. 12.17.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-81 - Pledged revenues

32:11D-81. Pledged revenues
Bond redemption and interest payments shall, to the extent provided in the resolution or indenture, constitute a first, direct and exclusive charge and lien on all such rates, rents, tolls, fees and charges and other revenues and interest thereon received from the use and operation of the facility, and on any sinking or other funds created therefrom. All such rates, rents, tolls, fees, charges and other revenues, together with interest thereon, shall constitute a trust fund for the security and payment of such bonds and except as and to the extent provided in the indenture with respect to the payment therefrom of expenses for other purposes including administration, operation, maintenance, improvements or extensions of the facilities or other purposes shall not be used or pledged for any other purpose so long as such bonds, or any of them, are outstanding and unpaid.
L.1961, c. 13, p. 74, s. 12.18.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-82 - Remedies

32:11D-82. Remedies
The holder of any bond may for the equal benefit and protection of all holders of bonds similarly situated: (a) by mandamus or other appropriate proceedings require and compel the performance of any of the duties imposed upon the commission or assumed by it, its officers, agents or employees under the provisions of any indenture, in connection with the acquisition, construction, operation, maintenance, repair, reconstruction or insurance of the facilities, or in connection with the collection, deposit, investment, application and disbursement of the rates, rents, tolls, fees, charges and other revenues derived from the operation and use of the facilities, or in connection with the deposit, investment and disbursement of the proceeds received from the sale of bonds; or (b) by action or suit in a court of competent jurisdiction of any signatory party require the commission to account as if it were the trustee of an express trust, or enjoin any acts or things which may be unlawful or in violation of the rights of the holders of the bonds. The enumeration of such rights and remedies does not, however, exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds.
L.1961, c. 13, p. 74, s. 12.19.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-83 - Capital financing by signatory parties; guaranties

32:11D-83. Capital financing by signatory parties; guaranties
(a) The signatory parties will provide such capital funds required for projects of the commission as may be authorized by their respective statutes in accordance with a cost sharing plan prepared pursuant to Article 11 of this compact; but nothing in this section shall be deemed to impose any mandatory obligation on any of the signatory parties other than such obligations as may be assumed by a signatory party in connection with a specific project or facility.
(b) Bonds of the commission, notwithstanding any other provision of this compact, may be executed and delivered to any duly authorized agency of any of the signatory parties without public offering and may be sold and resold with or without the guaranty of such signatory party, subject to and in accordance with the constitutions of the respective signatory parties.
(c) The commission may receive and accept, and the signatory parties may make, loans, grants, appropriations, advances and payments of reimbursable or nonreimbursable funds or property in any form for the capital or operating purposes of the commission.
L.1961, c. 13, p. 75, s. 12.20.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-84 - Comprehensive plan

32:11D-84. Comprehensive plan
The commission shall develop and adopt, and may from time to time review and revise, a comprehensive plan for the immediate and long range development and use of the water resources of the basin. The plan shall include all public and private projects and facilities which are required, in the judgment of the commission, for the optimum planning, development, conservation, utilization, management and control of the water resources of the basin to meet present and future needs; provided that the plan shall include any projects required to conform with any present or future decree or judgment of any court of competent jurisdiction. The commission may adopt a comprehensive plan or any revision thereof in such part or parts as it may deem appropriate, provided that before the adoption of the plan or any part or revision thereof the commission shall consult with water users and interested public bodies and public utilities and shall consider and give due regard to the findings and recommendations of the various agencies of the signatory parties and their political subdivisions. The commission shall conduct public hearings with respect to the comprehensive plan prior to the adoption of the plan or any part or revision thereof.
L.1961, c. 13, p. 75, s. 13.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-85 - Water resources program

32:11D-85. Water resources program
The commission shall annually adopt a water resources program, based upon the comprehensive plan, consisting of the projects and facilities which the commission proposes to be undertaken by the commission and by other authorized governmental and private agencies, organizations and persons during the ensuing 6 years or such other reasonably foreseeable period as the commission may determine. The water resources program shall include a systematic presentation of:
(1) the quantity and quality of water resources needs for such period;
(2) the existing and proposed projects and facilities required to satisfy such needs, including all public and private projects to be anticipated;
(3) a separate statement of the projects proposed to be undertaken by the commission during such period.
L.1961, c. 13, p. 76, s. 13.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-86 - Annual current expense and capital budgets

32:11D-86. Annual current expense and capital budgets
(a) The commission shall annually adopt a capital budget including all capital projects it proposes to undertake or continue during the budget period containing a statement of the estimated cost of each project and the method of financing thereof.
(b) The commission shall annually adopt a current expense budget for each fiscal year. Such budget shall include the commission's estimated expenses for administration, operation, maintenance and repairs, including a separate statement thereof for each project, together with its cost allocation. The total of such expenses shall be balanced by the commission's estimated revenues from all sources, including the cost allocations undertaken by any of the signatory parties in connection with any project. Following the adoption of the annual current expense budget by the commission, the executive director of the commission shall:
(1) certify to the respective signatory parties the amounts due in accordance with existing cost sharing established for each project; and
(2) transmit certified copies of such budget to the principal budget officer of the respective signatory parties at such time and in such manner as may be required under their respective budgetary procedures. The amount required to balance the current expense budget in addition to the aggregate amount of item (1) above and all other revenues available to the commission shall be apportioned equitably among the signatory parties by unanimous vote of the commission, and the amount of such apportionment to each signatory party shall be certified together with the budget.
(c) The respective signatory parties covenant and agree to include the amounts so apportioned for the support of the current expense budget in their respective budgets next to be adopted, subject to such review and approval as may be required by their respective budgetary processes. Such amounts shall be due and payable to the commission in quarterly installments during its fiscal year, provided that the commission may draw upon its working capital to finance its current expense budget pending remittances by the signatory parties.
L.1961, c. 13, p. 77, s. 13.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-87 - Auxiliary powers of commission; functions of commissioners

32:11D-87. Auxiliary powers of commission; functions of commissioners
(a) The commission, for the purposes of this compact, may:
(1) Adopt and use a corporate seal, enter into contracts, sue and be sued in all courts of competent jurisdiction;
(2) Receive and accept such payments, appropriations, grants, gifts, loans, advances and other funds, properties and services as may be transferred or made available to it by any signatory party or by any other public or private corporation or individual, and enter into agreements to make reimbursement for all or part thereof;
(3) Provide for, acquire and adopt detailed engineering, administrative, financial and operating plans and specifications to effectuate, maintain or develop any facility or project;
(4) Control and regulate the use of facilities owned or operated by the commission;
(5) Acquire, own, operate, maintain, control, sell and convey real and personal property and any interest therein by contract, purchase, lease, license, mortgage or otherwise as it may deem necessary for any project or facility, including any and all appurtenances thereto necessary, useful or convenient for such ownership, operation, control, maintenance or conveyance;
(6) Have and exercise all corporate powers essential to the declared objects and purposes of the commission.
(b) The commissioners, subject to the provisions of this compact, shall:
(1) Serve as the governing body of the commission, and exercise and discharge its powers and duties except as otherwise provided by or pursuant to this compact;
(2) Determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid subject to any provisions of law specifically applicable to agencies or instrumentalities created by compact;
(3) Provide for the internal organization and administration of the commission;
(4) Appoint the principal officers of the commission and delegate to and allocate among them administrative functions, powers and duties;
(5) Create and abolish offices, employments and positions as it deems necessary for the purposes of the commission, and subject to the provisions of this article, fix and provide for the qualification, appointment, removal, term, tenure, compensation, pension and retirement rights of its officers and employees;
(6) Let and execute contracts to carry out the powers of the commission.
L.1961, c. 13, p. 78, s. 14.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-88 - Regulations; enforcement

32:11D-88. Regulations; enforcement
The commission may:
(a) Make and enforce reasonable rules and regulations for the effectuation, application and enforcement of this compact; and it may adopt and enforce practices and schedules for or in connection with the use, maintenance and administration of projects and facilities it may own or operate and any product or service rendered thereby; provided that any rule or regulation, other than 1 which deals solely with the internal management of the commission, shall be adopted only after public hearing and shall not be effective unless and until filed in accordance with the law of the respective signatory parties applicable to administrative rules and regulations generally; and
(b) Designate any officer, agent or employee of the commission to be an investigator or watchman and such person shall be vested with the powers of a peace officer of the State in which he is duly assigned to perform his duties.
L.1961, c. 13, p. 79, s. 14.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-89 - Tax exemption

32:11D-89. Tax exemption
The commission, its property, functions, and activities shall be exempt from taxation by or under the authority of any of the signatory parties or any political subdivision thereof; provided that in lieu of property taxes the commission shall, as to specific projects, make payments to local taxing districts in annual amounts which shall equal the taxes lawfully assessed upon property for the tax year next prior to its acquisition by the commission for a period of 10 years. The nature and amount of such payments shall be reviewed by the commission at the end of 10 years, and from time to time thereafter, upon reasonable notice and opportunity to be heard to the affected taxing district, and the payments may be thereupon terminated or continued in such reasonable amount as may be necessary or desirable to take into account hardships incurred and benefits received by the taxing jurisdiction which are attributable to the project.
L.1961, c. 13, p. 80, s. 14.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-90 - Meetings; public hearing; records, minutes

32:11D-90. Meetings; public hearing; records, minutes
(a) All meetings of the commission shall be open to the public.
(b) The commission shall conduct at least 1 public hearing prior to the adoption of the comprehensive plan, water resources program, annual capital and current expense budgets, the letting of any contract for the sale or other disposition by the commission of hydroelectric energy or water resources to any person, corporation or entity, and in all other cases wherein this compact requires a public hearing. Such hearing shall be held upon at least 10 days public notice given by posting at the offices of the commission. The commission shall also provide forthwith for distribution of such notice to the press and by the mailing of a copy thereof to any person who shall request such notices.
(c) The minutes of the commission shall be a public record open to inspection at its offices during regular business hours.
L.1961, c. 13, p. 80, s. 14.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-91 - Officers generally

32:11D-91. Officers generally
(a) The officers of the commission shall consist of an executive director and such additional officers, deputies and assistants as the commission may determine. The executive director shall be appointed and may be removed by the affirmative vote of a majority of the full membership of the commission. All other officers and employees shall be appointed by the executive director under such rules of procedure as the commission may determine.
(b) In the appointment and promotion of officers and employees for the commission, no political, racial, religious or residence test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be solely on the basis of merit and fitness. Any officer or employee of the commission who is found by the commission to be guilty of a violation of this section shall be removed from office by the commission.
L.1961, c. 13, p. 81, s. 14.5.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-92 - Oath of office

32:11D-92. Oath of office
An oath of office in such form as the commission shall prescribe shall be taken, subscribed and filed with the commission by the executive director and by each officer appointed by him not later than 15 days after the appointment.
L.1961, c. 13, p. 81, s. 14.6.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-94 - Prohibited activities

32:11D-94. Prohibited activities
(a) No commissioner, officer or employee shall:
(1) be financially interested, either directly or indirectly, in any contract, sale, purchase, lease or transfer of real or personal property to which the commission is a party;
(2) solicit or accept money or any other thing of value in addition to the compensation or expenses paid him by the commission for services performed within the scope of his official duties;
(3) offer money or any thing of value for or in consideration of obtaining an appointment, promotion or privilege in his employment with the commission.
(b) Any officer or employee who shall willfully violate any of the provisions of this section shall forfeit his office or employment.
(c) Any contract or agreement knowingly made in contravention of this section is void.
(d) Officers and employees of the commission shall be subject in addition to the provisions of this section to such criminal and civil sanctions for misconduct in office as may be imposed by Federal law and the law of the signatory State in which such misconduct occurs.
L.1961, c. 13, p. 81, s. 14.8.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-95 - Purchasing

32:11D-95. Purchasing
Contracts for the construction, reconstruction or improvement of any facility when the expenditure required exceeds $10,000.00 and contracts for the purchase of services, supplies, equipment and materials when the expenditure required exceeds $2,500.00 shall be advertised and let upon sealed bids to the lowest responsible bidder. Notice requesting such bids shall be published in a manner reasonably likely to attract prospective bidders, which publication shall be made at least 10 days before bids are received and in at least 2 newspapers of general circulation in the basin. The commission may reject any and all bids and readvertise in its discretion. If after rejecting bids the commission determines and resolves that in its opinion the supplies, equipment and materials may be purchased at a lower price in the open market, the commission may give each responsible bidder an opportunity to negotiate a price and may proceed to purchase the supplies, equipment and materials in the open market at a negotiated price which is lower than the lowest rejected bid of a responsible bidder, without further observance of the provisions requiring bids or notice. The commission shall adopt rules and regulations to provide for purchasing from the lowest responsible bidder when sealed bids, notice and publication are not required by this section. The commission may suspend and waive the provisions of this section requiring competitive bids whenever:
(1) the purchase is to be made from or the contract to be made with the Federal or any State Government or any agency or political subdivision thereof or pursuant to any open end bulk purchase contract of any of them;
(2) the public exigency requires the immediate delivery of the articles or performance of the service;
(3) only 1 source of supply is available;
(4) the equipment to be purchased is of a technical nature and the procurement thereof without advertising is necessary in order to assure standardization of equipment and interchangeability of parts in the public interest; or
(5) services are to be provided of a specialized or professional nature.
L.1961, c. 13, p. 82, s. 14.9.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-96 - Insurance

32:11D-96. Insurance
The commission may self-insure or purchase insurance and pay the premiums therefor against loss or damage to any of its properties; against liability for injury to persons or property; and against loss of revenue from any cause whatsoever. Such insurance coverage shall be in such form and amount as the commission may determine, subject to the requirements of any agreement arising out of the issuance of bonds by the commission.
L.1961, c. 13, p. 83, s. 14.10.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-97 - Annual independent audit

32:11D-97. Annual independent audit
(a) As soon as practical after the closing of the fiscal year, an audit shall be made of the financial accounts of the commission. The audit shall be made by qualified certified public accountants selected by the commission, who have no personal interest direct or indirect in the financial affairs of the commission or any of its officers or employees. The report of audit shall be prepared in accordance with accepted accounting practices and shall be filed with the chairman and such other officers as the commission shall direct. Copies of the report shall be distributed to each commissioner and shall be made available for public distribution.
(b) Each signatory party by its duly authorized officers shall be entitled to examine and audit at any time all of the books, documents, records, files and accounts and all other papers, things or property of the commission. The representatives of the signatory parties shall have access to all books, documents, records, accounts, reports, files and all other papers, things or property belonging to or in use by the commission and necessary to facilitate the audit and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents and custodians.
(c) The financial transactions of the commission shall be subject to audit by the general accounting office in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General of the United States. The audit shall be conducted at the place or places where the accounts of the commission are kept.
(d) Any officer or employee who shall refuse to give all required assistance and information to the accountants selected by the commission or to the authorized officers of any signatory party or who shall refuse to submit to them for examination such books, documents, records, files, accounts, papers, things or property as may be requested shall forfeit his office.
L.1961, c. 13, p. 83, s. 14.11.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-98 - Reports

32:11D-98. Reports
The commission shall make and publish an annual report to the legislative bodies of the signatory parties and to the public reporting on its programs, operations and finances. It may also prepare, publish and distribute such other public reports and informational materials as it may deem necessary or desirable.
L.1961, c. 13, p. 84, s. 14.12.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-99 - Grants, loans or payments by States or political subdivisions

32:11D-99. Grants, loans or payments by States or political subdivisions
(a) Any or all of the signatory parties or any political subdivision thereof may:
(1) Appropriate to the commission such funds as may be necessary to pay preliminary expenses such as the expenses incurred in the making of borings, and other studies of subsurface conditions, in the preparation of contracts for the sale of water and in the preparation of detailed plans and estimates required for the financing of a project;
(2) Advance to the commission, either as grants or loans, such funds as may be necessary or convenient to finance the operation and management of or construction by the commission of any facility or project;
(3) Make payments to the commission for benefits received or to be received from the operation of any of the projects or facilities of the commission.
(b) Any funds which may be loaned to the commission either by a signatory party or a political subdivision thereof shall be repaid by the commission through the issuance of bonds or out of other income of the commission, such repayment to be made within such period and upon such terms as may be agreed upon between the commission and the signatory party or political subdivision making the loan.
L.1961, c. 13, p. 84, s. 14.13.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-100 - Condemnation proceedings

32:11D-100. Condemnation proceedings
(a) The commission shall have the power to acquire by condemnation the fee or any lesser interest in lands, lands lying under water, development rights in land, riparian rights, water rights, waters and other real or personal property within the basin for any project or facility authorized pursuant to this compact. This grant of power of eminent domain includes but is not limited to the power to condemn for the purposes of this compact any property already devoted to a public use, by whomsoever owned or held, other than property of a signatory party and any property held, constructed, operated or maintained in connection with a diversion authorized by a United States Supreme Court decree. Any condemnation of any property or franchises owned or used by a municipal or privately owned public utility, unless the affected public utility facility is to be relocated or replaced, shall be subject to the authority of such State board, commission or other body as may have regulatory jurisdiction over such public utility.
(b) Such power of condemnation shall be exercised in accordance with the provisions of any Federal law applicable to the commission; provided that if there is no such applicable Federal law, condemnation proceedings shall be in accordance with the provisions of such general State condemnation law as may be in force in the signatory State in which the property is located.
(c) Any award or compensation for the taking of property pursuant to this article shall be paid by the commission, and none of the signatory parties nor any other agency, instrumentality or political subdivision thereof shall be liable for such award or compensation.
L.1961, c. 13, p. 85, s. 14.14.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-101 - Conveyance of lands and relocation of public facilities

32:11D-101. Conveyance of lands and relocation of public facilities
(a) The respective officers, agencies, departments, commissions or bodies having jurisdiction and control over real and personal property owned by the signatory parties are authorized and empowered to transfer and convey in accordance with the laws of the respective parties to the commission any such property as may be necessary or convenient to the effectuation of the authorized purposes of the commission.
(b) Each political subdivision of each of the signatory parties is authorized and empowered, notwithstanding any contrary provision of law, to grant and convey to the commission, upon the commission's request, any real property or any interest therein owned by such political subdivision including lands lying under water and lands already devoted to public use which may be necessary or convenient to the effectuation of the authorized purposes of the commission.
(c) Any highway, public utility or other public facility which will be dislocated by reason of a project deemed necessary by the commission to effectuate the authorized purposes of this compact shall be relocated and the cost thereof shall be paid in accordance with the law of the State in which the facility is located; provided that the cost of such relocation payable by the commission shall not in any event exceed the expenditure required to serve the public convenience and necessity.
L.1961, c. 13, p. 86, s. 14.15.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-102 - Rights of way

32:11D-102. Rights of way
Permission is hereby granted to the commission to locate, construct and maintain any aqueducts, lines, pipes, conduits and auxiliary facilities authorized to be acquired, constructed, owned, operated or maintained by the commission in, over, under or across any streets and highways now or hereafter owned, opened or dedicated to or for public use, subject to such reasonable conditions as the highway department of the signatory party may require.
L.1961, c. 13, p. 87, s. 14.16.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-103 - Penal sanction

32:11D-103. Penal sanction
Any person, association or corporation who violates or attempts or conspires to violate any provision of this compact or any rule, regulation or order of the commission duly made, promulgated or issued pursuant to the compact in addition to any other remedy, penalty or consequence provided by law shall be punishable as may be provided by statute of any of the signatory parties within which the offense is committed; provided that in the absence of such provision any such person, association or corporation shall be liable to a penalty of not less than $50.00 nor more than $1,000.00 for each such offense to be fixed by the court which the commission may recover in its own name in any court of competent jurisdiction, and in a summary proceeding where available under the practice and procedure of such court. For the purposes of this section in the event of a continuing offense each day of such violation, attempt or conspiracy shall constitute a separate offense.
L.1961, c. 13, p. 87, s. 14.17.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-104 - Tort liability

32:11D-104. Tort liability
The commission shall be responsible for claims arising out of the negligent acts or omissions of its officers, agents and employees only to the extent and subject to the procedures prescribed by law generally with respect to officers, agents and employees of the government of the United States.
L.1961, c. 13, p. 88, s. 14.18.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-105 - Effect on riparian rights

32:11D-105. Effect on riparian rights
Nothing contained in this compact shall be construed as affecting or intending to affect or in any way to interfere with the law of the respective signatory parties relating to riparian rights.
L.1961, c. 13, p. 88, s. 14.19.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-106 - Amendments and supplements

32:11D-106. Amendments and supplements
Amendments and supplements to this compact to implement the purposes thereof may be adopted by legislative action of any of the signatory parties concurred in by all of the others.
L.1961, c. 13, p. 88, s. 14.20.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-107 - Construction and severability

32:11D-107. Construction and severability
The provisions of this act and of agreements thereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such agreement is declared to be unconstitutional or the applicability thereof to any signatory party, agency or person is held invalid, the constitutionality of the remainder of this compact or such agreement and the applicability thereof to any other signatory party, agency, person or circumstance shall not be affected thereby. It is the legislative intent that the provisions of this compact be reasonably and liberally construed.
L.1961, c. 13, p. 88, s. 14.21.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-108 - Effective date; execution

32:11D-108. Effective date; execution
This compact shall become binding and effective 30 days after the enactment of concurring legislation by the Federal Government, the States of Delaware, New Jersey and New York, and the Commonwealth of Pennsylvania. The compact shall be signed and sealed in 6 duplicate original copies by the respective chief executives of the signatory parties. One such copy shall be filed with the Secretary of State of each of the signatory parties or in accordance with the laws of the State in which the filing is made, and 1 copy shall be filed and retained in the archives of the commission upon its organization. The signatures shall be affixed and attested under the following form:
"In Witness Whereof, and in evidence of the adoption and enactment into law of this compact by the Congress and Legislatures, respectively, of the signatory parties, the President of the United States and the respective Governors do hereby, in accordance with authority conferred by law, sign this compact in 6 duplicate original copies, as attested by the respective Secretaries of State, and have caused the seals of the United States and of the respective States to be hereunto affixed this day of , 19 ."
L.1961, c. 13, p. 88, s. 14.22.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-109 - Repealer

32:11D-109. Repealer
All acts and parts of acts inconsistent with any provision of this act are to the extent of such inconsistency hereby repealed.
L.1961, c. 13, p. 89, s. 15.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-110 - Effectuation by chief executive

32:11D-110. Effectuation by chief executive
The chief executive is authorized to take such action as may be necessary and proper, in his discretion, to effectuate the compact and the initial organization and operation of the commission thereunder.
L.1961, c. 13, p. 89, s. 15.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-111 - Transfer of powers and duties of Interstate Commission on Delaware River Basin to Delaware River Basin Commission

32:11D-111. Transfer of powers and duties of Interstate Commission on Delaware River Basin to Delaware River Basin Commission
The functions, powers and duties of the Interstate Commission on the Delaware River Basin, also known as INCODEL, are hereby transferred to the Delaware River Basin Commission, to the extent that such transfer is authorized by the Delaware River Basin Compact.
L.1964, c. 57, s. 4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-112 - Transfer of records, funds and properties

32:11D-112. Transfer of records, funds and properties
All of the right, title and interest of the State of New Jersey in any records, funds and properties of the Interstate Commission on the Delaware River Basin are hereby transferred to the Delaware River Basin Commission to be held, used and applied for the purposes of the Delaware River Basin Compact.
L.1964, c. 57, s. 5.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-113 - Unexpended balances, other assets, contracts, projects, etc.; transfer, use, application and administration

32:11D-113. Unexpended balances, other assets, contracts, projects, etc.; transfer, use, application and administration
Upon dissolution of the Interstate Commission on the Delaware River Basin pursuant to this act, all of its unexpended balances, other assets, contracts, commitments, projects and activities, to the extent of the interest of the State of New Jersey therein, shall be transferred to the Delaware River Basin Commission to be used, applied and administered pursuant to the provisions of the Delaware River Basin Compact, subject to the authority of that commission.
L.1964, c. 57, s. 6.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-115 - Effective date

32:11D-115. Effective date
This act shall take effect upon the adoption of substantially similar legislation by the Commonwealth of Pennsylvania and the States of Delaware and New York providing for the termination of INCODEL and a transfer of each State's property to the Delaware River Basin Commission; provided, however, that if such States have previously adopted substantially similar legislation at the time that this act is approved, this act shall take effect immediately.
L.1964, c. 57, s. 8.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11E-1.1 - Public hearing required for Delaware River and Bay Authority project approval

32:11E-1.1. Public hearing required for Delaware River and Bay Authority project approval
The Delaware River and Bay Authority shall not approve any project, other than a crossing, or part thereof without first holding a public hearing on the proposed project. The authority shall cause to be published notice of the public hearing at least 10 days prior to the hearing in at least three newspapers with a daily circulation in Cape May, Cumberland, Gloucester and Salem counties. The Delaware River and Bay Authority shall not undertake any project, other than a crossing, to be located in the State of New Jersey or in the Delaware River or Bay, without having first secured legislative authorization and approval of each specific project or part thereof pursuant to New Jersey law.
L.1989, c.191, s.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11E-1.2 - Delaware Memorial Bridge toll increases regulated

32:11E-1.2. Delaware Memorial Bridge toll increases regulated
The authority shall not increase any rate of Delaware Memorial Bridge toll charged as a volume discount rate from the rate in effect on the earlier of the effective date of (i) ..... Del. Laws, C. ....., s. ..... (now pending before the Delaware General Assembly as House Bill No. .....) or (ii) New Jersey P.L.1989, c.192, for a period of 10 years following that date, if the increase would cause the volume discount rate to exceed 25% of the basic toll rate charged by the authority for individual crossings of the bridge by passenger automobiles, provided that the authority may raise the volume discount rate in excess of this 25% limitation to the extent that the increase is determined by the authority to be reasonably necessary for the protection of the authority's bondholders in accordance with Article XI of the "Delaware-New Jersey Compact," P.L.1961, c.66 (C.32:11E-1).
L.1989, c.191, s.2.