N.Y. Port of New York Authority 154/21 § 1: No title

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.

* ARTICLE XXIII

1. Definitions. The term:

a. "Employee" 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, whether or not

represented by a labor organization.

b. "Ordered military duty", as used in this article, means any

military duty performed in the service of the state of New York or of

the United States, including but not limited to attendance at any

service school or schools conducted by the armed forces of the United

States, by a port authority employee as a member of any force of the

organized militia or of any reserve force or reserve component of the

armed forces of the United States, pursuant to orders issued by

competent state or federal authority, with or without the consent of

such port authority employee. Participation in routine reserve officer

training corps training is not considered to be military duty except

when performing advanced training duty as a member of a reserve

component of the armed forces.

2. Leave of absence while engaged in performance of ordered military

duty. Every employee shall be entitled to absent themselves and shall be

deemed to have a leave of absence from his or her duties or service as

such public officer or employee while engaged in the performance of

ordered military duty and while going to and returning from such duty.

3. Leave of absence while attending service schools. Every employee

who is or becomes a voluntary member of any force of the organized

militia or of any reserve force or reserve component of the armed forces

of the United States shall be entitled to absent themselves and shall be

deemed to have a leave of absence from his or her duties or service as

such employee while in attendance, as a member of such force or reserve

components, at any service school or schools conducted by the armed

forces of the United States, and while going to and returning from such

school or schools, notwithstanding that orders for such attendance are

or may be issued with the consent of such public officer or employee.

4. Leave of absence while performing full-time training duty or active

duty for training with or in an armed force of the United States. Every

employee who is or becomes a member of any force of the organized

militia or of any reserve force or reserve component of the armed forces

of the United States shall be entitled to absent themselves and shall be

deemed to have a leave of absence from his or her duties or service as

such public officer or employee while performing, as a member of such

force or reserve component, initial full-time training duty or initial

active duty for training with or in an armed force of the United States

under the provisions of this chapter or the laws of the United States or

both, and while going to and returning from such full-time training duty

or active duty for training, notwithstanding that orders for such duty

are or may be issued with the consent of such public officer or

employee.

5. Employment rights. Time during which an employee is absent pursuant

to the provisions of subdivisions two, three and four of this article

shall not constitute an interruption of continuous employment and,

notwithstanding the provisions of any general, special or local law or

the provisions of any city charter, no such employee shall be subjected,

directly or indirectly, to any loss or diminution of time service,

increment, vacation or holiday privileges, or any other right or

privilege, by reason of such absence, or be prejudiced, by reason of

such absence, with reference to continuance in office or employment,

reappointment to office, re-employment, reinstatement, transfer or

promotion.

6. Pay for military duty. a. Every employee shall be paid their salary

or other compensation as a port authority employee for any and all

periods of absence while engaged in the performance of ordered military

duty, and while going to and returning from such duty, not exceeding a

total of thirty days or twenty-two working days, whichever is greater,

in any one calendar year and not exceeding thirty days or twenty-two

working days, whichever is greater, in any one continuous period of such

absence.

b. Every employee of the port authority who served in a combat theater

or combat zone of operations as documented by a copy of his or her

DD214, certificate of release or discharge from active duty, or other

applicable department of defense documentation, shall be paid his or her

salary or other compensation as such port authority employee for any and

all periods of absence while utilizing any health care related services

related to such duty, not exceeding five working days, in any one

calendar year.

7. Rights and contributions under retirement systems. a. The amount of

required contributions to any pension or retirement system of which an

employee absent while engaged in the performance of ordered military

duty is a member, shall be deducted from the salary or other

compensation paid to him or her as such employee as provided in this

article. If such required contributions exceed the amount of such salary

or other compensation to which an employee is entitled while engaged in

the performance of military duty, the amount of such salary or other

compensation shall be applied upon such required contributions and such

employee shall have the right to pay to such pension or retirement

system the amount by which such contributions exceed such salary or

other compensation. Such employee shall also have the right to pay to

such system, for any period of the absence during which he or she shall

receive no salary or other compensation as an employee of the port

authority, the amount that he or she would have contributed to such

system if he or she had been present and continuously engaged in the

performance of the duties of his or her position during such period.

b. Such payments, other than those deducted from his or her salary or

other compensation as such employee, may be paid from time to time at

any time while engaged in such ordered military duty or within five

years after the date of termination of such ordered military duty, or,

in the event of the death of such employee while engaged in ordered

military duty, such payments, or any part thereof, may be made by the

named beneficiary or the legal representative of such employee's estate

within one year following proof of such death.

c. To the extent that such contributions are paid, absence while

engaged in the performance of military duty shall be counted in

determining the length of total service under such pension or retirement

system.

d. Any employee, while engaged in the performance of ordered military

duty, or his or her beneficiary, as the case may be, shall be entitled

to all the benefits of the pension or retirement system of which he or

she is a member, except accidental disability retirement and accidental

death benefit.

* NB Effective upon the state of New Jersey enacting legislation

having a similiar effect; see chapter 343 of 2024 § 2