§ 1 — No title

New York § 1

• Jurisdiction: New York
• Law PNY: Port of New York Authority 154/21

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Chapter 154 of the laws of 1921\n Port of New York authority\n Section 1. William R. Willcox, Eugenius H. Outerbridge and Murray\nHulbert, or any two of them, commissioners heretofore appointed under\nchapter four hundred and twenty-six of the laws of nineteen hundred and\nseventeen of the state of New York, together with the attorney-general\nof the state of New York, are hereby authorized as commissioners upon\nthe part of the state of New York to enter into, with the state of New\nJersey, by and through the commissioners appointed or who may be\nappointed under or by virtue of a law of the legislature of the state of\nNew Jersey, an agreement or compact in the form following, that is to\nsay:\n Whereas, In the year eighteen hundred and thirty-four the states of\nNew York and New Jersey did enter into an agreement fixing and\ndetermining the rights and obligations of the two states in and about\nthe waters between the two states, especially in and about the bay of\nNew York and the Hudson river; and\n Whereas, Since that time the commerce of the port of New York has\ngreatly developed and increased and the territory in and around the port\nhas become commercially one center or district; and\n Whereas, It is confidently believed that a better co-ordination of the\nterminal, transportation and other facilities of commerce in, about and\nthrough the port of New York, will result in great economies, benefiting\nthe nation, as well as the states of New York and New Jersey; and\n Whereas, The future development of such terminal, transportation and\nother facilities of commerce will require the expenditure of large sums\nof money and the cordial co-operation of the states of New York and New\nJersey in the encouragement of the investment of capital, and in the\nformulation and execution of the necessary physical plans; and\n Whereas, Such result can best be accomplished through the co-operation\nof the two states by and through a joint or common agency.\n Now, therefore, The said states of New Jersey and New York do\nsupplement and amend the existing agreement of eighteen hundred and\nthirty-four in the following respects:\n ARTICLE I.\n They agree to and pledge, each to the other, faithful co-operation in\nthe future planning and development of the port of New York, holding in\nhigh trust for the benefit of the nation the special blessings and\nnatural advantages thereof.\n ARTICLE II.\n To that end the two states do agree that there shall be created and\nthey do hereby create a district to be known as the "Port of New York\nDistrict" (for brevity hereinafter referred to as "The District") which\nshall embrace the territory bounded and described as follows:\n The district is included within the boundary lines located by\nconnecting points of known latitude and longitude. The approximate\ncourses and distances of the lines enclosing the district are recited in\nthe description, but the district is determined by drawing lines through\nthe points of known latitude and longitude. Beginning at a point A of\nlatitude forty-one degrees and four minutes north and longitude\nseventy-three degrees and fifty-six minutes west, said point being about\nsixty-five-hundredths of a mile west of the westerly bank of the Hudson\nriver and about two and one-tenth miles northwest of the pier at\nPiermont, in the county of Rockland, state of New York; thence due south\none and fifteen-hundredths miles more or less to a point B of latitude\nforty-one degrees and three minutes north and longitude seventy-three\ndegrees and fifty-six minutes west; said point being about one and\nthree-tenths miles northwest of the pier at Piermont, in the county of\nRockland, state of New York; thence south fifty-six degrees and\nthirty-four minutes west six and twenty-six-hundredths miles more or\nless to a point C of latitude forty-one degrees and no minutes north and\nlongitude seventy-four degrees and two minutes west, said point being\nabout seven-tenths of a mile north of the railroad station at Westwood,\nin the county of Bergen, state of New Jersey; thence south sixty-eight\ndegrees and twenty-four minutes west nine and thirty-seven-hundredths\nmiles more or less to a point D of latitude forty degrees and\nfifty-seven minutes north and longitude seventy-four degrees and twelve\nminutes west, said point being about three miles northwest of the\nbusiness center of the city of Paterson, in the county of Passaic, state\nof New Jersey; thence south forty-seven degrees and seventeen minutes\nwest eleven and eighty-seven-hundredths miles more or less to a point E\nof latitude forty degrees and fifty minutes north and longitude\nseventy-four degrees and twenty-two minutes west, said point being about\nfour and five-tenths miles west of the borough of Caldwell, in the\ncounty of Morris, state of New Jersey; thence due south nine and\ntwenty-hundredths miles more or less to a point F of latitude forty\ndegrees and forty-two minutes north and longitude seventy-four degrees\nand twenty-two minutes west, said point being about one and two-tenths\nmiles southwest of the passenger station of the Delaware, Lackawanna and\nWestern railroad in the city of Summit, in the county of Union, state of\nNew Jersey; thence south forty-two degrees and twenty-four minutes west,\nseven and seventy-eight-hundredths miles more or less to a point G of\nlatitude forty degrees and thirty-seven minutes north and longitude\nseventy-four degrees and twenty-eight minutes west, said point being\nabout two and two-tenths miles west of the business center of the city\nof Plainfield, in the county of Somerset, state of New Jersey; thence\ndue south twelve and sixty-five-hundredths miles more or less on a line\npassing about one mile west of the business center of the city of New\nBrunswick to a point H of latitude forty degrees and twenty-six minutes\nnorth and longitude seventy-four degrees and twenty-eight minutes west,\nsaid point being about four and five-tenths miles southwest of the city\nof New Brunswick, in the county of Middlesex, state of New Jersey;\nthence south seventy-seven degrees and forty-two minutes east ten and\nseventy-nine-hundredths miles more or less to a point I of latitude\nforty degrees and twenty-four minutes north and longitude seventy-four\ndegrees and sixteen minutes west, said point being about two miles\nsouthwest of the borough of Matawan, in the county of Middlesex, state\nof New Jersey; thence due east twenty-five and forty-eight-hundredths\nmiles more or less, crossing the county of Monmouth, state of New\nJersey, and passing about one and four-tenths miles south of the pier of\nthe Central Railroad of New Jersey at Atlantic Highlands to a point J of\nlatitude forty degrees and twenty-four minutes north and longitude\nseventy-three degrees and forty-seven minutes west, said point being in\nthe Atlantic ocean; thence north eleven degrees fifty-eight minutes east\ntwenty-one and sixteen-hundredths miles more or less to a point K, said\npoint being about five miles east of the passenger station of the Long\nIsland railroad at Jamaica and about one and three-tenths miles east of\nthe boundary line of the city of New York, in the county of Nassau,\nstate of New York; thence in a northeasterly direction passing about\none-half mile west of New Hyde Park and about one and one-tenth miles\neast of the shore of Manhasset bay at Port Washington, crossing Long\nIsland sound to a point L, said point being the point of intersection of\nthe boundary line between the states of New York and Connecticut and the\nmeridian of seventy-three degrees, thirty-nine minutes and thirty\nseconds west longitude, said point being also about a mile northeast of\nthe village of Port Chester; thence northwesterly along the boundary\nline between the states of New York and Connecticut to a point M, said\npoint being the point of intersection between said boundary line between\nthe states of New York and Connecticut and the parallel of forty-one\ndegrees and four minutes north latitude, said point also being about\nfour and five-tenths miles northeast of the business center of the city\nof White Plains; thence due west along said parallel, of forty-one\ndegrees and four minutes north latitude, the line passing about two and\none-half miles north of the business center of the city of White Plains\nand crossing the Hudson river to the point A, the place of beginning.\n The boundaries of said district may be changed from time to time by\nthe action of the legislature of either state concurred in by the\nlegislature of the other.\n ARTICLE III\n There is hereby created "The Port of New York Authority" (for brevity\nhereinafter referred to as the "Port Authority"), which shall be a body\ncorporate and politic, having the powers and jurisdiction hereinafter\nenumerated, and such other and additional powers as shall be conferred\nupon it by the legislature of either state concurred in by the\nlegislature of the other, or by act or acts of congress, as hereinafter\nprovided. On and after July first, nineteen hundred seventy-two, the\nport authority shall be known and designated as "The Port Authority of\nNew York and New Jersey."\n * ARTICLE IV\n The port authority shall consist of twelve commissioners, six resident\nvoters from the state of New York, at least four of whom shall be\nresident voters of the city of New York, and six resident voters from\nthe state of New Jersey, at least four of whom shall be resident voters\nwithin the New Jersey portion of the district, the New York members to\nbe chosen by the state of New York and the New Jersey members by the\nstate of New Jersey in the manner and for the terms fixed and determined\nfrom time to time by the legislature of each state respectively, except\nas herein provided. Each commissioner may be removed or suspended from\noffice as provided by the law of the state from which he shall be\nappointed.\n * NB Effective until legislation having an identical effect is enacted\ninto law by the state of New Jersey\n * ARTICLE IV\n 1. Commissioners. The port authority shall consist of twelve\ncommissioners, six resident voters from the state of New York, at least\nfour of whom shall be resident voters of the city of New York, and six\nresident voters from the state of New Jersey, at least four of whom\nshall be resident voters within the New Jersey portion of the district,\nthe New York members to be chosen by the state of New York and the New\nJersey members by the state of New Jersey in the manner and for the\nterms fixed and determined from time to time by the legislature of each\nstate respectively, except as herein provided. Each commissioner may be\nremoved or suspended from office as provided by the law of the state\nfrom which he shall be appointed.\n 2. Officers. a. The officers of the port authority shall be a\nchairperson, a vice chairperson, a chief executive officer, a general\ncounsel, a chief financial officer, a chief ethics and compliance\nofficer, an inspector general, a treasurer, a comptroller, and a\nsecretary. Beginning upon the next hiring of a chief executive officer\nbut no later than a year from the effective date of the chapter of the\nlaws of 2015 that amended this article, the positions of chairperson and\nvice chairperson shall be rotated for a term of two years among\ncommissioners appointed by New York and New Jersey, with a chairperson\nelected first from among those commissioners appointed by the governor\nof New York and a vice chairperson elected first from among those\ncommissioners appointed by the governor of New Jersey, after which the\nnext chairperson shall be elected from among those appointed by the\ngovernor of New Jersey and the next vice chairperson shall be elected\nfrom among those appointed by the governor of New York and thereafter\nthe positions of chairperson and vice chairperson shall rotate every two\nyears in the same order as established herein provided that the failure\nof the board of commissioners to elect a new chairperson and vice\nchairperson shall not prevent the rotation of the positions of\nchairperson and vice chairperson to the next succeeding state.\n b. No commissioner, including the chairperson, shall serve as the port\nauthority's chief executive officer, general counsel, chief financial\nofficer, chief ethics and compliance officer, inspector general, or\ncomptroller, or hold any other equivalent position while serving as a\ncommissioner.\n 3. Role and responsibilities of commissioners. a. The commissioners\nshall promulgate a commissioner's oath of office in consultation with\nthe chief ethics and compliance officer.\n b. At the time that a commissioner of the port authority takes and\nsubscribes the commissioner's oath of office, or within sixty days after\nthe effective date of this subdivision if the commissioner has already\ntaken and subscribed the commissioner's oath of office, the commissioner\nshall execute a statement declaring that the commissioner understands\nthe commissioner's independence and fiduciary obligation to perform\nduties and responsibilities to the best of the commissioner's abilities,\nin good faith and with proper diligence and care which an ordinarily\nprudent person in like position would use under similar circumstances\nand may take into consideration the views and policies of any elected\nofficials or bodies and ultimately apply independent judgment in the\nbest interest of the port authority, its mission, and the public,\nconsistent with the enabling compact, mission, and by-laws of the port\nauthority and the applicable laws of both states; and that the fiduciary\nduty to the port authority is derived from and governed by its mission.\n c. Individuals appointed to the board of commissioners shall\nparticipate in training approved by the chief ethics and compliance\nofficer in consultation with the inspector general of the port authority\nregarding their legal, fiduciary, financial and ethical responsibilities\nas directors of an authority within six months of appointment to the\nauthority. The commissioners shall participate in continuing training as\nmay be required to remain informed of best practices, regulatory and\nstatutory changes relating to the effective oversight of the management\nand financial activities of public authorities and to adhere to the\nhighest standards of responsible governance.\n d. (1) A commissioner shall not vote on or participate in any board or\ncommittee discussions or decisions with respect to an item if the\ncommissioner, a member of the commissioner's immediate family, or a\nbusiness in which the commissioner has an interest has a direct or\nindirect financial involvement that may reasonably be expected to impair\nthe commissioner's objectivity or independent judgment or that may\nreasonably create the appearance of impropriety. A commissioner shall\nreport such a need for recusal to the general counsel when it arises.\nThe public shall be informed of any recusals prior to any board action\nand the minutes shall clearly reflect that recusal.\n (2) For the purposes of this subdivision, the terms:\n (i) "immediate family" shall mean: a spouse, parent, child, or\nsibling; and\n (ii) "interest" shall mean: (A) if the business organization is a\npartnership, the board member or the board member's immediate family is\na partner or owner of ten percent or more of the assets of the\npartnership, or (B) if the business organization is a corporation, the\nboard member or the board member's immediate family owns or controls ten\npercent or more of the stock of the corporation, or serves as a director\nor officer of the corporation.\n e. (1) Notwithstanding any other provision of law to the contrary, the\ncommissioners, officers, and employees of the port authority shall file\nannual financial disclosure statements as provided in this section.\n (2)(i) The commissioners appointed by the governor of the state of New\nYork shall file annual financial disclosure statements pursuant to\nsection 73-a of the public officers law.\n (ii) The commissioners appointed by the governor of the state of New\nJersey shall file annual financial disclosure statements as required by\nNew Jersey state law or executive order.\n (iii) In addition to the financial disclosures required of the\ncommissioners, financial disclosures of employees shall, at a minimum,\nbe required of the chief executive officer, the chief ethics and\ncompliance officer, the chief financial officer, the general counsel,\nthe comptroller, treasurer, and the inspector general, employees who\nhold policy-making positions as determined by the general counsel of the\nport authority, and employees whose base salary, either in the current\nor previous year, exceeds $150,000, which amount shall be adjusted for\ninflation annually in accordance with the consumer price index for all\nurban wage earners and clerical workers (CPI-W) as calculated by the\nfederal government. These financial disclosures shall be updated not\nless than annually and shall be made available on the port authority's\nwebsite.\n f. The board of commissioners shall:\n (1) adopt a mission statement that the port authority's mission is to\nmeet the critical transportation infrastructure needs of the bi-state\nregion's people, businesses, and visitors by providing the highest\nquality and most efficient transportation and port commerce facilities\nand services to move people and goods within the region, provide access\nto the nation and the world, and promote the region's economic\ndevelopment;\n (2) adopt a code of conduct applicable to commissioners, employees,\nand vendors and other contractors with the port authority based upon the\nrecommendations of the chief ethics and compliance officer that shall,\nat minimum, include the applicable standards established by law in each\nstate;\n (3) establish a whistleblower access and assistance program protecting\nemployees from retaliation for disclosing information concerning acts of\nwrongdoing, misconduct, malfeasance, or other inappropriate conduct\nbased upon the recommendations of the chief ethics and compliance\nofficer;\n (4) establish a policy requiring all commissioners, officers, and\nemployees with decision-making authority to maintain records regarding\ncontact with lobbyists. As used in this subsection: (i) "contact" means\nany conversation, in person or by telephonic or other electronic means,\nor correspondence between any lobbyist engaged in the act of lobbying\nand any person within the port authority who can make or influence a\ndecision on the subject of the lobbying on the behalf of the port\nauthority, and shall include, at a minimum, all members of the board of\ncommissioners and all officers of the port authority, (ii) "lobbyist"\nshall have the same meaning as defined in the laws or, rules or\nregulations of either state, and (iii) "lobbying" shall mean and include\nany attempt to influence: (a) the adoption or rejection of any rule or\nregulation having the force and effect of law by the port authority, (b)\nthe outcome of any proceeding by the port authority to establish, levy\nor collect fees, tolls, charges or fares, and (c) the authorization,\napproval or award of any agreements, contracts or purchase orders,\nincluding any settlement of port authority claims, or any extension,\namendment or modification of any existing agreement, contract or order;\n (5) have an efficiency study of the port authority and its operations\nconducted by an independent entity within three years of the effective\ndate of this section and thereafter upon the request of the governors of\nNew York and New Jersey, and if no request is made, no later than three\nyears after the most recent efficiency study was conducted; and\n (6) information concerning services for human trafficking victims in\nport authority bus terminals. 1. Any bus terminal maintained or operated\nby the port authority shall make available in plain view and in a\nconspicuous place and manner in the public restrooms and in any\nlactation rooms, informational cards and/or signs developed by:\n (a) the office of temporary and disability assistance in consultation\nwith the New York state interagency task force on human trafficking; or\n (b) the United States Department of Homeland Security.\n 2. All informational cards and signs shall only contain information\nconcerning services for human trafficking victims and shall prominently\ninclude the national human trafficking hotline telephone number.\n 3. For purposes of this section, "lactation room" shall mean a\nhygienic place, other than a restroom, that: (a) is shielded from view;\n(b) is free from intrusion; (c) contains a chair, a working surface,\nand, if the building is otherwise supplied with electricity, an\nelectrical outlet; and (d) is intended to be used for the primary\npurpose of breastfeeding or expressing breast milk.\n 4. Committee. a. The board of commissioners shall establish a\ncommittee structure that shall include, but need not be limited to, the\nfollowing responsibilities:\n (1) a governance responsibility to be assigned to a committee\ncomprised of not fewer than three commissioners, who shall constitute a\nmajority on the committee, and who shall possess the necessary skills to\nundertake the governance duties and functions. It shall be the\nresponsibility of the members of this committee to: keep the board\ninformed of current best governance practices; review corporate\ngovernance trends; update the port authority's corporate governance\nprinciples; examine ethical and conflict of interest issues; perform\nboard self-evaluations; investigate term limits, reappointments, and\nboard responsibilities; develop by-laws which include rules and\nprocedures for the conduct of board business; and advise the port\nauthority on the skills and experiences required of potential\ncommissioners;\n (2) an audit responsibility to be assigned to a committee comprised of\nnot fewer than three commissioners, who shall constitute a majority on\nthe committee, and who shall possess the necessary skills to undertake\nthe audit duties and functions. It shall be the responsibility of the\nmembers of this committee to: recommend to the board the hiring of an\nindependent firm of certified public accountants to audit the financial\nstatements of the port authority; establish the compensation to be paid\nto the accounting firm; and provide direct oversight of the annual\nindependent financial audit performed by the accounting firm hired for\nauditing purposes. Members of this committee shall be familiar with\ncorporate financial and accounting practices and shall be financially\nliterate about applicable financial laws, rules, regulations, and\nstandard industry practices; and\n (3) a finance responsibility to be assigned to a committee comprised\nof not fewer than three commissioners, who shall constitute a majority\non the committee, and who shall possess the necessary skills to\nundertake the finance duties and functions. It shall be the\nresponsibility of the members of this committee to oversee and approve\nthe issuance of debt that the port authority or its subsidiaries issue.\n b. Every committee established by the board of commissioners shall\npromulgate a written charter to be approved by the board. Each charter\npromulgated in accordance with this subdivision shall be made available\nto the public and posted on the port authority's website.\n 5. Whistleblower access and assistance program. a. The chief ethics\nand compliance officer shall recommend to the board of commissioners a\nwhistleblower access and assistance program to be administered by the\ninspector general which shall include, but not be limited to:\n (1) establishing toll-free telephone and facsimile lines available to\nemployees;\n (2) offering advice regarding employee rights under applicable state\nand federal laws and advice and options available to all persons; and\n (3) offering an opportunity for employees to identify concerns\nregarding any issue at the port authority. Any communication between an\nemployee and the inspector general pursuant to this section shall be\nheld strictly confidential by the inspector general, unless the employee\nspecifically waives in writing the right to confidentiality, except that\nsuch confidentiality shall not exempt the inspector general from\ndisclosing such information, where appropriate, to the board of\ncommissioners and/or any law enforcement authority.\n b. The port authority shall not fire, discharge, demote, suspend,\nthreaten, harass, or discriminate against an employee because of the\nemployee's role as a whistleblower, insofar as the actions taken by the\nemployee are legal.\n c. As used in this subdivision:\n (1) "Employees" means those persons employed at the port authority,\nincluding but not limited to: full-time and part-time employees, those\nemployees on probation, and temporary employees.\n (2) "Whistleblower" means any employee of the port authority who\ndiscloses information concerning acts of wrongdoing, misconduct,\nmalfeasance, or other inappropriate behavior by an employee or board\nmember of the port authority, concerning the port authority's\ninvestments, travel, acquisition of real or personal property, the\ndisposition of real or personal property, or the procurement of goods\nand services.\n 6. Inspector general. a. The inspector general shall be responsible\nfor receiving and investigating, where appropriate, all complaints\nregarding fraud, waste, and abuse by commissioners, officers, and\nemployees of the port authority or third-parties doing business with the\nport authority. The inspector general shall also receive and\ninvestigate complaints from any source, or upon his or her own\ninitiative, concerning allegations of corruption, fraud, use of\nexcessive force, criminal activity, conflicts of interest or abuse by\nany police officer under the jurisdiction of the Port Authority. The\ninspector general shall also be responsible for conducting\ninvestigations upon the inspector general's own initiative, as the\ninspector general shall deem appropriate.\n b. The inspector general shall inform the board of commissioners and\nthe chief executive officer of allegations received by the inspector\ngeneral and the progress of investigations related thereto, unless\nspecial circumstances require confidentiality;\n c. The inspector general shall determine with respect to allegations\nreceived by the inspector general whether disciplinary action or civil\nprosecution by the port authority is appropriate, and whether the matter\nshould be referred to an appropriate governmental agency for further\naction;\n d. The inspector general shall prepare and make available to the\npublic written reports of completed investigations, as appropriate and\nto the extent permitted by law, subject to redactions to protect a need\nfor confidentiality. The release of all or portions of reports may be\ndeferred to protect the confidentiality of ongoing investigations.\n e. The inspector general shall have the power to:\n (1) administer oaths or affirmations and examine witnesses under oath;\n (2) require the production of any books and papers deemed relevant or\nmaterial to any investigation, examination or review;\n (3) notwithstanding any law to the contrary, examine and copy or\nremove documents or records of any kind prepared, maintained or held by\nthe port authority and its subsidiaries;\n (4) interview any officer or employee of the port authority or its\nsubsidiaries on any matter related to the performance of such officer or\nemployee's official duties. To the extent that any portion of this\nparagraph is inconsistent with any current contractual obligations of\nthe port authority, this paragraph shall not be applicable to those\nobligations until the earliest expiration of those terms under the\ncontract;\n (5) monitor the implementation by the port authority of any\nrecommendations made by the inspector general; and\n (6) perform any other functions that are necessary or appropriate to\nfulfill the duties and responsibilities of office.\n 7. Open meetings. a. All meetings of the port authority shall be open\nto the public and members of the news media, individually and\ncollectively, for the purpose of observing the full details of all\nphases of the deliberation, policy-making, and decision-making of the\nboard, except for an executive session initiated upon a majority vote\ntaken in an open meeting pursuant to a motion. The board of\ncommissioners may exclude the public only from that portion of a meeting\nat which the board of commissioners discusses any:\n (1) matter in which the release of information would impair a right to\nreceive funds from government of the United States;\n (2) material the disclosure of which would constitute an unwarranted\ninvasion of individual or personal privacy;\n (3) collective bargaining agreement, or the terms and conditions which\nare proposed for inclusion in any collective bargaining agreement,\nincluding the negotiation of the terms and conditions thereof with\nemployees or representatives of employees of the port authority;\n (4) matter involving the purchase, lease, or acquisition of real\nproperty with port authority funds, the proposed acquisition of\nsecurities, the sale or exchange of securities held by the port\nauthority, or the investment of port authority funds, if public\ndiscussion of the matter would adversely affect the public interest;\n (5) matter which would imperil the public safety if disclosed;\n (6) pending or anticipated litigation or contract negotiation in which\nthe port authority is, or may become, a party, or matters falling within\nthe attorney-client privilege, to the extent that confidentiality is\nrequired for the attorney to exercise the attorney's ethical duties as a\nlawyer;\n (7) contract negotiations disclosure of which would imperil the port\nauthority's position or an outcome in the best interest of the\nauthority, its mission, and the public;\n (8) matter involving the employment, appointment, termination of\nemployment, terms and conditions of employment, evaluation of the\nperformance of, promotion or disciplining of any specific prospective\nofficer or employee or current officer or employee employed or appointed\nby the port authority, unless all the individual employees or appointees\nwhose rights could be adversely affected request in writing that the\nmatter or matters be discussed at a public meeting; or\n (9) deliberation of the port authority occurring after a public\nhearing that may result in the imposition of a specific civil penalty\nupon the responding party or the suspension or loss of a license or\npermit belonging to the responding party as a result of an act of\nomission for which the responding party bears responsibility.\n b. The port authority shall make meeting agendas available to the\npublic at least 72 hours before each meeting of the board and each\nmeeting of each committee. In addition, the port authority shall send\nvia electronic mail the agenda and public documents pertaining to a\nboard or committee meeting to the public information office of each\nstate's legislature at least 72 hours before the meeting. Public notice\nof the time and place of a meeting shall be provided to appropriate\nmedia outlets, shall be conspicuously posted in one or more designated\nareas, and shall be conspicuously posted via the port authority's\nofficial website at least five business days before the meeting.\n c. The port authority shall make available to the public documents in\nthe following manner: the agenda and public documents pertaining to a\nboard or committee meeting shall be available for public inspection at\nan office of the port authority; and the agenda and public documents\npertaining to a board or committee meeting shall be posted on the port\nauthority's website.\n d. At each public meeting of the board and at each public meeting of\neach committee, the public shall be allotted at least 30 minutes to\nspeak on any topic on the agenda. The board or committee shall expand\nthe comment time when necessary to provide a reasonable opportunity for\nthe public to comment. The public speaking period shall take place prior\nto any board or committee action.\n e. The port authority shall keep reasonably comprehensible minutes of\nall its meetings showing the time and place, the members present, the\nsubjects considered, the actions taken, and the vote of each member. The\nminutes shall be available to the public within two weeks from the date\nof the meeting to the extent that public disclosure shall not be\ninconsistent with paragraph a of this subdivision. The minutes shall\nindicate for each item on the agenda the vote or recusal of each board\nmember in attendance at an open meeting, or an executive session of the\nboard or a committee of the board. Each item on the agenda shall be\nvoted on separately.\n 8. Barrier-free access. The port authority shall make or cause to be\nmade all reasonable efforts to ensure that meetings are held in\nfacilities that permit barrier-free physical access to people with\ndisabilities. If the board determines to use video conferencing or\nsimilar technology to conduct its meeting, it shall provide an\nopportunity for the public to attend, listen and observe such a meeting.\n * NB Effective upon the enactment into law of legislation having an\nidentical effect by the state of New Jersey\n ARTICLE V.\n The commissioners shall, for the purpose of doing business, constitute\na board and may adopt suitable by-laws for its management.\n ARTICLE VI.\n The port authority shall constitute a body, both corporate and\npolitic, with full power and authority to purchase, construct, lease\nand/or operate any terminal or transportation facility within said\ndistrict; and to make charges for the use thereof: and for any of such\npurposes to own, hold, lease and/or operate real or personal property,\nto borrow money and secure the same by bonds or by mortgages upon any\nproperty held or to be held by it. No property now or hereafter vested\nin or held by either state, or by any county, city, borough, village,\ntownship or other municipality, shall be taken by the port authority,\nwithout the authority or consent of such state, county, city, borough,\nvillage, township or other municipality, nor shall anything herein\nimpair or invalidate in any way any bonded indebtedness of such state,\ncounty, city, borough, village, township or other municipality, nor\nimpair the provisions of law regulating the payment into sinking funds\nof revenues derived from municipal property, or dedicating the revenues\nderived from any municipal property to a specific purpose.\n The powers granted in this article shall not be exercised by the port\nauthority until the legislatures of both states shall have approved of a\ncomprehensive plan for the development of the port as hereinafter\nprovided.\n ARTICLE VII.\n The port authority shall have such additional powers and duties as may\nhereafter be delegated to or imposed upon it from time to time by the\naction of the legislature of either state concurred in by the\nlegislature of the other. Unless and until otherwise provided, it shall\nmake an annual report to the legislature of both states, setting forth\nin detail the operations and transactions conducted by it pursuant to\nthis agreement and any legislation thereunder. The port authority shall\nnot pledge the credit of either state except by and with the authority\nof the legislature thereof.\n * ARTICLE VII-A\n The port authority shall file with the temporary president and\nminority leader of the senate and the speaker and minority leader of the\nassembly, the chairman of the assembly ways and means committee and the\nchairman of the senate finance committee of the state of New York and\nthe president, minority leader and secretary of the senate and the\nspeaker, minority leader and clerk of the general assembly of the state\nof New Jersey a copy of the minutes of any action taken at any public\nmeeting of the port authority. Such filing shall be made on the same day\nsuch minutes are transmitted to the governor of each state for review;\nand notice of such filing shall be provided to the governor of each\nstate at the same time. Failure to effectuate any such filing shall not\nimpair the ability of the authority to act pursuant to a resolution of\nits board. Such filing shall not apply to any minutes required to be\nfiled pursuant to section twenty of chapter six hundred fifty-one of the\nlaws of nineteen hundred seventy-eight.\n The temporary president and minority leader of the senate, the speaker\nand minority leader of the assembly, the chairman of the assembly ways\nand means committee and the chairman of the senate finance committee of\nthe state of New York and the speaker and minority leader of the general\nassembly and the president and the minority leader of the senate of the\nstate of New Jersey, or representatives designated by them in writing\nfor this purpose, may by certificate filed with the secretary of the\nport authority waive the foregoing filing requirement with respect to\nany specific minutes.\n * NB Effective pending passage of identical legislation by the state\nof New Jersey\n * ARTICLE VII-B\n 1. Needs assessment. The port authority shall require that a needs\nassessment be conducted by an independent entity prior to any increase\nin tolls for the use of any port authority bridge or tunnel, or fares\nfor the use of the port authority trans-Hudson corporation rail system.\nThe assessment shall be presented by the independent entity to the board\nof commissioners at a public meeting to be held at least ninety days\nprior to any meeting of the board of commissioners to vote to any\nincrease in the tolls for the use of any port authority bridge or\ntunnel, or fares for the use of the port authority trans-Hudson\ncorporation rail system.\n 2. Public hearings. Not less than 30 days and not more than 90 days\nprior to any vote or action taken by the board of commissioners relating\nto any increase in the tolls for the use of any port authority bridge or\ntunnel, or fares for the use of the port authority trans-Hudson\ncorporation rail system, the port authority shall conduct at least six\npublic hearings in the manner prescribed as follows:\n a. Locations for public hearings shall be selected in such a way as to\nbe geographically accessible to a majority of users of the facility or\nfacilities to be impacted by the toll or fare increase, as determined by\nport authority data, provided that at least one hearing shall be held in\neach state.\n b. At least 72 hours before the first hearing held pursuant to this\nsection, the port authority shall make the following information\navailable to the public, including posting on the port authority's\nofficial website:\n (1) a written explanation of why the increase in tolls or fares is\nnecessary;\n (2) the amount of revenue expected to be generated from the increase\nin tolls or fares; and\n (3) a detailed explanation of how the revenues raised from the\nincrease in tolls or fares is expected to be spent.\n c. Each hearing shall be attended by at least two commissioners from\nNew York and two commissioners from New Jersey in office at the time of\nthe hearing.\n d. The port authority shall hold no more than one public hearing in a\nsingle day, and at least one-half of the public hearings shall be\nscheduled to begin after 6:30 p.m., eastern standard time, on a weekday.\n e. The port authority shall ensure that each of the requirements set\nforth in this subdivision shall be complied with before placing on the\nmeeting agenda of the board of commissioners any item or matter relating\nto an increase in tolls or fares.\n 3. Subsidiaries of the port authority. a. The port authority shall\nprovide notice to the governor of each state, the majority leader of\neach house of the legislature of each state, the chair of the finance\ncommittee of New York, the chair of the senate budget and appropriations\ncommittee of New Jersey, the chair of assembly ways and means committee\nof New York, and the chair of the budget committee of New Jersey that it\nwill be creating a subsidiary no less than 60 days prior to the\nformation of the subsidiary.\n b. The creation of a subsidiary corporation shall be approved by the\nboard of commissioners.\n c. On or before the first day of January, two thousand sixteen, and\nannually thereafter, any subsidiary corporation, in cooperation with the\nport authority, shall provide to the governor and legislature of each\nstate a report on the subsidiary corporation. Such report shall include\nfor each subsidiary:\n (1) The complete legal name, address and contact information of the\nsubsidiary;\n (2) The structure of the organization of the subsidiary, including the\nnames and titles of each of its members, directors and officers, as well\nas a chart of its organizational structure;\n (3) The complete by-laws and legal organization papers of the\nsubsidiary;\n (4) A complete report of the purpose, operations, mission and projects\nof the subsidiary; and\n (5) Any other information the subsidiary corporation deems important\nto include in such report.\n * NB Effective upon the enactment into law legislation having an\nidentical effect by the state of New Jersey\n * ARTICLE VII-C\n1. Annual reporting. The port authority shall publish a comprehensive\nannual financial report, submitted annually to the governors and state\nlegislatures of New York and New Jersey and made available on the port\nauthority's website within 120 days after the end of its fiscal year.\nThe annual report shall include the agency's financial statements,\nstatistical and other regional data, and a narrative of the agency's\nactivities during the year of the report. The annual report shall\ninclude:\n a. an introductory section including: (1) a letter of transmittal to\nthe governors of New York and New Jersey; (2) information regarding the\nboard of commissioners, port authority officers and executive\nmanagement; (3) a letter to the board of commissioners from the chief\nexecutive officer of the port authority highlighting important\ndevelopments; (4) a description of major agency activities undertaken\nduring the prior year; and (5) a letter to the board of commissioners\nfrom the chief financial officer of the port authority with respect to\nthe consolidated financial statements of the port authority.\n b. a financial section including: (1) an independent auditor's report;\n(2) management's discussion and analysis; (3) financial statements; (4)\nits financial reports certified by the chair and vice-chair of the\nboard, chief executive officer, and chief financial officer of the port\nauthority, including (a) audited financials in accordance with generally\naccepted accounting principles, known as GAAP, and the accounting\nstandards issued by the governmental accounting standards board, known\nas GASB, (b) grant and subsidy programs, (c) current ratings, if any, of\nits bonds issued by recognized bond rating agencies and notice of\nchanges in such ratings, and (d) long-term liabilities, including leases\nand employee benefit plans; (5) a schedule of its bonds and notes\noutstanding at the end of its fiscal year, together with a statement of\nthe amounts redeemed and incurred during such fiscal year as part of a\nschedule of debt issuance that includes the date of issuance, term,\namount, interest rate and means of repayment including all refinancings,\ncalls, refundings, defeasements and interest rate exchange or other such\nagreements; and (6) at a minimum a four-year financial plan, including\n(a) a current and projected capital budget, and (b) an operating budget\nreport, including an actual versus estimated budget, with an analysis\nand measurement of financial and operating performance.\n c. a statistical section presenting additional information as context\nfor further understanding of the information in the financial\nstatements, note disclosures and schedules, including (1) financial\ntrends; (2) debt capacity; (3) operating and service data; (4)\ninformation on port authority operating results; (5) information on port\nauthority capital program components; (6) information on port authority\nfacility traffic; and (7) selected statistical, demographic and economic\ndata on the New York-New Jersey metropolitan region.\n d. a corporate information section providing: (1) a list of all real\nproperty of the port authority; (2) a list and full description of real\nproperty and personal property that has a sale price of over $10,000\ndisposed of during the period, including the price received by the port\nauthority and the name of the purchaser for all property sold by the\nport authority during the period; (3) a compensation schedule that shall\ninclude, by position, title and name of the person holding such position\nor title, the salary, compensation, allowance and/or benefits provided\nto any officer, director or employee in a decision making or managerial\nposition of such authority whose base salary is in excess of $150,000;\n(4) biographical information, not including confidential personal\ninformation, for all directors and officers and employees for whom\nsalary reporting is required; (5) a description of the authority and its\nboard structure, including (a) names of committees and committee\nmembers, (b) lists of board meetings and attendance, (c) descriptions of\nmajor authority units, subsidiaries, and (d) number of employees; (6)\nits mission statement, charter, if any, and by-laws; and (7) a\ndescription of any material pending litigation in which the port\nauthority is involved as a party during the reporting year.\n 2. Audits and financial statements. a. The port authority shall\nprepare financial statements on an annual basis, in accordance with\ngenerally accepted accounting principles, known as GAAP, and the\naccounting standards issued by the governmental accounting standards\nboard, known as GASB.\n b. The audit committee of the board of commissioners of the port\nauthority shall arrange for an independent firm of certified public\naccountants to perform an audit of the financial statements of the port\nauthority each year, in accordance with generally accepted accounting\nprinciples and standards referenced in paragraph a of this subdivision.\nEach independent firm of certified public accountants that performs any\naudit required by this article shall timely report to the audit\ncommittee of the port authority: (1) all critical accounting policies\nand practices to be used; and (2) other material written communications,\nthat is not privileged or confidential, between the independent firm of\ncertified public accountants and the management of the port authority,\nincluding the management letter along with management's response or plan\nof corrective action, material corrections identified or schedule of\nunadjusted differences.\n c. Every financial statement prepared pursuant to this subdivision\nshall be approved by the board of commissioners. As a condition to the\nissuance of the annual financial statements of the port authority, the\nchief executive officer and the chief financial officer of the port\nauthority shall be required to make a written certification to that\neffect that, to the best of their knowledge and belief, the financial\nand other information in the consolidated financial statements is\naccurate in all material respects and has been reported in a manner\ndesigned to present fairly the port authority's net assets, changes in\nnet assets, and cash flows, in accordance with generally accepted\naccounting principles and standards referenced in paragraph a of this\nsubdivision; and, that on the basis that the cost of internal controls\nshould not outweigh their benefits, the port authority has established a\ncomprehensive framework of internal controls to protect its assets from\nloss, theft, or misuse, and to provide reasonable (rather than absolute)\nassurance regarding the reliability of financial reporting and the\npreparation of the consolidated financial statements in accordance with\ngenerally accepted accounting principles and standards referenced in\nparagraph a of this subdivision.\n d. Notwithstanding any other provision of law to the contrary, the\nport authority shall not contract with an independent firm of certified\npublic accountants for audit services to the authority if the lead or\ncoordinating audit partner having primary responsibility for the audit,\nor the audit partner responsible for reviewing the audit, has performed\naudit services for the two previous fiscal years of such authority.\n e. The port authority shall not contract with the independent firm of\ncertified public accountants performing the port authority's audit for\nany non-audit services to such authority contemporaneously with the\naudit, unless receiving previous written approval by the audit committee\nincluding: (1) bookkeeping or other services related to the accounting\nrecords or financial statements of such authority; (2) financial\ninformation systems design and implementation; (3) appraisal or\nvaluation services, fairness opinions, or contribution-in-kind reports;\n(4) actuarial services; (5) internal audit outsourcing services; (6)\nmanagement functions or human services; (7) broker or dealer, investment\nadvisor, or investment banking services; and (8) legal services and\nexpert services unrelated to the audit.\n f. The port authority shall not contract with an independent firm of\ncertified public accountants for any audit service if the chief\nexecutive officer, comptroller, chief financial officer, treasurer, or\nany other person serving in an equivalent position for the authority,\nwas employed by that independent firm of certified public accountants\nand participated in any capacity in the audit of the authority during\nthe one year period preceding the date of the initiation of the audit.\n 3. The port authority shall make accessible to the public via its\nwebsite an executive summary of its most recent independent audit report\nunless such information is exempt from disclosure pursuant to either\nstate's freedom of information laws.\n * NB Effective upon the enactment into law legislation having an\nidentical effect by the state of New Jersey\n * ARTICLE VII-D\n 1. Property disposition. Any sale of real property by the port\nauthority shall be undertaken and conducted pursuant to the provisions\nof the existing laws governing the sale of real property by the port\nauthority in the state in which such real property is located and by\napproval of the board of commissioners.\n a. No disposition of real property, or any interest in real property,\nshall be made unless an appraisal of the value of such real property has\nbeen made by an independent appraiser and included in the record of the\ntransaction, and, provided further, that no disposition of any other\nreal property, which because of its unique nature or the unique\ncircumstances of the proposed transaction is not readily valued by\nreference to an active market for similar real property, shall be made\nwithout a similar appraisal.\n b. Disposal of real property for less than fair market value. No\nproperty owned, leased, or otherwise in the control of the port\nauthority may be sold, leased, or otherwise alienated for less than its\nfair market value unless:\n (i) the transferee is a government or other public entity, and the\nterms and conditions of the transfer require that the ownership and use\nof the real property will remain with the government or any other public\nentity; or\n (ii) the purpose of the transfer is within the purpose, mission, or\ngoverning statute of the port authority and a written determination is\nmade by the board of commissioners that there is no reasonable\nalternative to the proposed below-market transfer that would achieve the\nsame purpose of such transfer, prior to board approval of such a\ntransfer.\n c. The board shall adopt, within six months of the effective date of\nthis article, appropriate rules and regulations concerning disposition,\nacquisition, and transfer of real property or any interest in real\nproperty by the port authority which shall, at a minimum, include a\nrequirement that the following information be made available to the\nboard of commissioners at the meeting where approval of such a\ndisposition, acquisition or transfer is scheduled:\n (i) a full description of the property;\n (ii) a description of the purpose of the disposition, acquisition, or\ntransfer;\n (iii) a statement of the value to be received from such a disposition,\nacquisition, or transfer;\n (iv) the names of any private parties participating in the\ndisposition, acquisition, or transfer; and\n (v) in the case of a property disposition for less than fair market\nvalue, an explanation and a written determination by the board of\ncommissioners that there is no reasonable alternative to the proposed\nbelow-market value that would achieve the same purpose of such\ndisposition.\n d. Not less than ten days in advance of any meeting of the board of\ncommissioners of the port authority at which the board of commissioners\nis to consider an action to authorize the sale of real property owned by\nthe port authority, the chief executive officer of the port authority\nshall provide public notice of such proposed action along with relevant\nmaterial terms and provisions of such sale including, but not limited\nto, the information made available pursuant to paragraph c of this\nsubdivision, by posting on the port authority's website.\n e. The chief executive officer may authorize or arrange for contracts\nfor the sale of personal property owned by the port authority or arrange\nfor contracts for the sale of personal property owned by the port\nauthority upon such terms and conditions as the chief executive officer\nmay deem proper and execute the same on behalf of the port authority\nwhere the value of such personal property is not in excess of one\nmillion dollars; provided, however, that personal property valued at\nmore than $250,000 shall not be sold by authority of the chief executive\nofficer other than to the highest bidder after public advertisement.\nWhere the value of such personal property is in excess of $1,000,000,\nthe sale of such property must be authorized by the board of\ncommissioners of the port authority upon such terms as the board of\ncommissioners may deem proper.\n f. The port authority may retain brokers or third-party vendors that\nfacilitate online auctions, or assist in disposing of surplus real and\npersonal property of the port authority.\n 2. Debt issuance. a. The issuance of any bonds, notes or other\ninstruments of indebtedness by the port authority shall be undertaken in\na manner consistent with applicable laws governing the port authority\nand covenants with the holders of the port authority's bonds, notes or\nother instruments of indebtedness.\n b. At least sixty days prior to the end of its fiscal year, the port\nauthority shall submit to the governor, state comptroller, and\nlegislature of each state a statement of intent in regards to the\nissuance of and overall amount of bonds, notes, or other debt\nobligations anticipated, at the time the statement is submitted, during\nthe next fiscal year.\n 3. Capital plan. The port authority shall adopt a ten-year capital\nplan that is developed using a comprehensive planning process and\nrisk-based prioritization that considers asset condition, operational\nand revenue impact, threat assessment, customer service, regional\nbenefit, and regulatory or statutory requirements. The capital plan\nshall be dependent upon the availability of sufficient funding and other\nresources to pursue the capital projects proposed for the ten-year\nperiod. Performance progress and revisions to reflect changes in\nprograms, policies and projects and the environment in which the port\nauthority operates shall be reviewed regularly by a committee designated\nby the board of commissioners, and the capital plan shall be revised\nperiodically as necessary and appropriate, and shall be reviewed with\nthe board of commissioners annually. The port authority shall publish an\nannual report on the status of the capital program and such report shall\nbe made publicly available on the port authority's website. Prior to\nadoption of a capital plan, the port authority shall make such proposed\nplan available for public review and comments on its public website for\nat least two weeks prior to approval, and all comments received are to\nbe distributed to the board of commissioners for review prior to\nconsideration of the capital plan.\n 4. Operating budget. The port authority shall prepare a detailed\nannual operating budget beginning with the fiscal year commencing after\nthe effective date of the chapter of the laws of 2015 which added this\narticle. A preliminary annual operating budget shall be made publicly\navailable on the port authority's website in July of every fiscal year\nand a final annual operating budget shall be made publicly available in\nFebruary of each fiscal year.\n * NB Effective upon the enactment into law legislation having an\nidentical effect by the state of New Jersey\n * ARTICLE VII-E\n 1. a. For the purposes of this article:\n (i) "Domestic companion animal" means a companion animal or pet as\ndefined in section three hundred fifty of the agriculture and markets\nlaw and shall also mean any other domesticated animal normally\nmaintained in or near the household of the owner or person who cares for\nsuch other domesticated animal. "Pet" or "companion animal" shall not\ninclude a "farm animal," as defined in section three hundred fifty of\nthe agriculture and markets law.\n (ii) "Public transportation or public transportation service" means\nrail passenger service, motorbus regular route service, paratransit\nservice, motorbus charter service, and ferry passenger service.\n b. (i) In the event that a state of emergency has been declared and an\nevacuation of any region of the state is in progress, the owner of a\ndomestic companion animal shall be permitted to board any public\ntransportation or public transportation service with the domestic\ncompanion animal so long as that animal is under the owner's control by\nuse of a leash or tether, or is properly confined in an appropriate\ncontainer or by other suitable means, provided that such boarding is\nauthorized by and consistent with the provisions of state disaster\nemergency plans or local state of emergency plans pertaining to the\nneeds of animals and individuals with an animal under their care. The\nprovisions of this article shall only apply to the owners of domestic\ncompanion animals who are evacuating from a region of the state affected\nby the emergency or local disaster emergency as defined in section\ntwenty of the executive law, or a local state of emergency, as defined\nin section twenty-four of the executive law.\n (ii) A domestic companion animal may be refused permission to board\nany public transportation or public transportation service, even if the\nanimal is under the owner's control or properly confined in accordance\nwith this paragraph if there is reasonable cause to believe that, due to\nattendant circumstances, permitting the animal to board would pose a\nhealth or safety hazard.\n c. All passengers with service animals shall be given priority seating\non all means of transportation regulated by this article in accordance\nwith the federal "Americans with Disabilities Act of 1990" (42 U.S.C.\ns.12101 et seq.). For the purposes of this article, "service animal"\nshall have the same meaning as set forth in the federal "Americans with\nDisabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any\nregulations under the act.\n d. All passengers on any public transportation or public\ntransportation service shall be provided seating before a domestic\ncompanion animal may be placed in a seat.\n 2. The port authority is hereby authorized to make and enforce such\nrules and regulations necessary for the implementation of this article.\n * NB Effective upon the enactment into law legislation having an\nidentical effect by the state of New Jersey\n ARTICLE VIII.\n Unless and until otherwise provided, all laws now or hereafter vesting\njurisdiction or control in the public service commission, or the public\nutilities commission, or like body, within each state respectively,\nshall apply to railroads and to any transportation, terminal or other\nfacility owned, operated, leased or constructed by the port authority,\nwith the same force and effect as if such railroad, or transportation,\nterminal or other facility were owned, leased, operated or constructed\nby a private corporation.\n ARTICLE IX.\n Nothing contained in this agreement shall impair the powers of any\nmunicipality to develop or improve port and terminal facilities.\n ARTICLE X.\n The legislatures of the two states, prior to the signing of this\nagreement, or thereafter as soon as may be practicable, will adopt a\nplan or plans for the comprehensive development of the port of New York.\n ARTICLE XI.\n The port authority shall from time to time make plans for the\ndevelopment of said district, supplementary to or amendatory of any plan\ntheretofore adopted, and when such plans are duly approved by the\nlegislatures of the two states, they shall be binding upon both states\nwith the same force and effect as if incorporated in this agreement.\n * ARTICLE XI-A\n Notwithstanding any other provision of law to the contrary, every\naction against the authority for damages or injuries to real or personal\nproperty, or for the destruction thereof, or for personal injuries or\nwrongful death shall not be commenced unless a notice of claim shall\nhave been served on the authority in the manner provided for in the\nstate where the action is commenced, and in compliance with the\npertinent statutes of the state relating generally to actions commenced\nagainst that state and in compliance with all the requirements of the\nlaws of that state. Where such state's law permits service upon a\ndepartment of that state in lieu of service upon the public entity,\nservice may be made pursuant to such law. Except in an action for\nwrongful death against such an entity, an action for damages or for\ninjuries to real or personal property, or for the destruction thereof,\nor for personal injuries, alleged to have been sustained, shall not be\ncommenced more than one year and ninety days after the cause of action\ntherefor shall have accrued or within the time period otherwise\nprescribed by any special provision of law of that state, whichever is\nlonger.\n * NB Effective upon enactment of legislation of identical effect by\nthe state of New Jersey or June 15, 2013, whichever is later\n ARTICLE XII.\n The port authority may from time to time make recommendations to the\nlegislatures of the two states or to the congress of the United States,\nbased upon study and analysis, for the better conduct of the commerce\npassing in and through the port of New York, the increase and\nimprovement of transportation and terminal facilities therein, and the\nmore economical and expeditious handling of such commerce.\n ARTICLE XIII\n The port authority may petition any interstate commerce commission (or\nlike body), commissioner of transportation, public utilities commission\n(or like body), or any other federal, municipal, state or local\nauthority, administrative, judicial or legislative, having jurisdiction\nin the premises, after the adoption of the comprehensive plan as\nprovided for in article ten, for the adoption and execution of any\nphysical improvement, change in method, rate of transportation, system\nof handling freight, warehousing, docking, lightering or transfer of\nfreight, which, in the opinion of the port authority, may be designed to\nimprove or better the handling of commerce in and through said district,\nor improve terminal and transportation facilities therein. It may\nintervene in any proceeding affecting the commerce of the port.\n ARTICLE XIV.\n The port authority shall elect from its number a chairman,\nvice-chairman, and may appoint such officers and employees as it may\nrequire for the performance of its duties, and shall fix and determine\ntheir qualifications and duties.\n ARTICLE XV.\n Unless and until the revenues from operations conducted by the port\nauthority are adequate to meet all expenditures, the legislatures of the\ntwo states shall appropriate, in equal amounts, annually, for the\nsalaries, office and other administrative expenses, such sum or sums as\nshall be recommended by the port authority and approved by the governors\nof the two states, but each state obligates itself hereunder only to the\nextent of one hundred thousand dollars in any one year.\n ARTICLE XV-A\n 1. The legislature finds and declares that the right of the public to\nbe present at meetings of the port authority of New York and New Jersey,\nand to witness in full detail all phases of the deliberation, policy\nformulation, and decision making of the authority, is vital to the\nenhancement and proper functioning of the democratic process, and that\nsecrecy in public affairs undermines the faith of the public in\ngovernment and the public's effectiveness in fulfilling its role in a\ndemocratic society; and declares it to be the public policy of this\nstate to insure the right of its citizens to have adequate advance\nnotice of and the right to attend all meetings of the authority at which\nany business affecting the public is discussed or acted upon in any way\nexcept only in those circumstances where otherwise the public interest\nwould be clearly endangered or the personal privacy of guaranteed rights\nof individuals would be clearly in danger of unwarranted invasion.\n * 2. As used in this act:\n a. "Board" means the board of commissioners of the Port Authority of\nNew York and New Jersey.\n b. "Meeting" means any gathering, whether corporeal or by means of\ncommunication equipment, which is attended by, or open to, the board,\nheld with the intent, on the part of the board members present, to\ndiscuss or act as a unit upon the specific public business of the\nauthority. "Meeting" does not mean a gathering (1) attended by less than\nan effective majority of the board, or (2) attended by or open to all\nthe members of three or more similar public bodies at a convention or\nsimilar gathering.\n c. "Public business" mean matters which relate in any way, directly or\nindirectly, to the performance of the functions of the port authority of\nNew York and New Jersey or the conduct of its business.\n * NB Effective until the enactment into law of legislation having an\nidentical effect by the state of New Jersey\n * 2. As used in this act:\n a. "Board" means the board of commissioners of the Port Authority of\nNew York and New Jersey.\n b. "Committee" or "committees" means any standing committee\nestablished by the board tasked with, including, but not limited to, the\naudit responsibility, governance responsibility and finance\nresponsibility required to be established pursuant to this act.\n c. "Meeting" means any gathering, whether corporeal or by means of\ncommunication equipment, which is attended by, or open to, the board,\nheld with the intent, on the part of the board members present, to\ndiscuss or act as a unit upon the specific public business of the\nauthority. "Meeting" does not mean a gathering (1) attended by less than\na effective majority of the board, or (2) attended by or open to all the\nmembers of three or more similar public bodies at a convention or\nsimilar gathering.\n d. "News media" means persons representing major wire services,\ntelevision news services, radio news services and newspapers, whether\nlocated in the state of New York or New Jersey or any other state.\n e. "Public business" mean matters which relate in any way, directly or\nindirectly, to the performance of the functions of the port authority of\nNew York and New Jersey or the conduct of its business.\n * NB Effective upon the enactment into law of legislation having an\nidentical effect by the state of New Jersey\n * 3. The board shall adopt and promulgate appropriate rules and\nregulations concerning the right of the public to be present at meetings\nof the authority. The board may incorporate in its rules and regulations\nconditions under which it may exclude the public from a meeting or a\nportion thereof.\n Any rules or regulations adopted hereunder shall become a part of the\nminutes of the port authority of New York and New Jersey and shall be\nsubject to the approval of the governor of New Jersey and the governor\nof New York.\n * NB Effective until the enactment into law of legislation having an\nidentical effect by the state of New Jersey\n * 3. a. The board shall, within six months of the effective date of\nthe chapter of the laws of 2015 that amended this subdivision, adopt\nappropriate rules and regulations concerning proper notice to the public\nand the news media of its meetings and the right of the public and the\nnews media to be present at meetings of the authority. The board may\nincorporate in its rules and regulations conditions under which it may\nexclude the public from a meeting or a portion thereof.\n b. Any rules or regulations adopted hereunder shall become a part of\nthe minutes of the port authority of New York and New Jersey and shall\nbe subject to the approval of the governor or New Jersey and the\ngovernor of New York.\n * NB Effective upon the enactment into law of legislation having an\nidentical effect by the state of New Jersey\n * ARTICLE XV-B.\n 1. Notwithstanding any provision to the contrary, the records of the\nport authority shall be open to the public in accordance with the laws\nof New York, articles 6 and 6-A of the public officers law, and New\nJersey, P.L. 1963, c. 73 (C. 47:1A-1 et seq.), pertaining to the\ndisclosure of government records.\n 2. When there is an inconsistency between the law of the state of New\nYork and the law of the state of New Jersey, the law of the state that\nprovided the greatest rights of access on the date that the chapter of\nthe laws of 2014 that added this article became a law shall apply.\n 3. The provisions of article 78 of the civil practice law and rules of\nthe state of New York or P.L. 1963, c. 73 (C. 47:1A-1 et seq.), of the\nlaws of New Jersey, as applicable, shall apply to enforce the provisions\nof this article.\n * NB Effective and Repealed pending passage of identical legislation\nby the state of New Jersey\n * ARTICLE XV-B\n Notwithstanding any law to the contrary, the port authority shall be\ndeemed an "agency" and treated as such under the laws of New York, for\nall purposes under articles six and six-A of the public officers law,\nand shall be deemed a "public agency" and treated as such under New\nJersey, P.L. 1963, c. 73 (C.47:1A-1 et seq.), pertaining to the\ndisclosure of government records.\n * NB Effective pending passage of identical legislation by the state\nof New Jersey\n ARTICLE XVI\n Unless and until otherwise determined by the action of the\nlegislatures of the two states, no action of the port authority shall be\nbinding unless taken at a meeting at which at least three of the members\nfrom each state are present, and unless a majority of the members from\neach state present at such meeting but in any event at least three of\nthe members from each state, shall vote in favor thereof. Each state\nreserves the right to provide by law for the exercise of a veto power by\nthe governor thereof over any action of any commissioner appointed\ntherefrom.\n ARTICLE XVII.\n Unless and until otherwise determined by the action of the\nlegislatures of the two states, the port authority shall not incur any\nobligations for salaries, office or other administrative expenses,\nwithin the provisions of article fifteen, prior to the making of\nappropriations adequate to meet the same.\n ARTICLE XVIII.\n The port authority is hereby authorized to make suitable rules and\nregulations not inconsistent with the constitution of the United States\nor of either state, and subject to the exercise of the power of\ncongress, for the improvement of the conduct of navigation and commerce,\nwhich, when concurred in or authorized by the legislatures of both\nstates, shall be binding and effective upon all persons and corporations\naffected thereby.\n ARTICLE XIX.\n The two states shall provide penalties for violations of any order,\nrule or regulation of the port authority, and for the manner of\nenforcing the same.\n ARTICLE XX.\n The territorial or boundary lines established by the agreement of\neighteen hundred and thirty-four, or the jurisdiction of the two states\nestablished thereby, shall not be changed except as herein specifically\nmodified.\n ARTICLE XXI.\n Either state may by its legislature withdraw from this agreement in\nthe event that a plan for the comprehensive development of the port\nshall not have been adopted by both states on or prior to July first,\nnineteen hundred and twenty-three; and when such withdrawal shall have\nbeen communicated to the governor of the other state by the state so\nwithdrawing, this agreement shall be thereby abrogated.\n ARTICLE XXII.\n Definitions. The following words as herein used shall have the\nfollowing meaning: "Transportation facility" shall include railroads,\nsteam or electric, motor truck or other street or highway vehicles,\ntunnels, bridges, boats, ferries, car-floats, lighters, tugs, floating\nelevators, barges, scows or harbor craft of any kind, air craft suitable\nfor harbor service, and every kind of transportation facility now in use\nor hereafter designed for use for the transportation or carriage of\npersons or property. "Terminal facility" shall include wharves, piers,\nslips, ferries, docks, dry docks, bulkheads, dock-walls, basins,\ncar-floats, float-bridges, grain or other storage elevators, warehouses,\ncold storage, tracks, yards, sheds, switches, connections, overhead\nappliances, and every kind of terminal or storage facility now in use or\nhereafter designed for use for the handling, storage, loading or\nunloading of freight at steamship, railroad or freight terminals.\n"Railroads" shall include railways, extensions thereof, tunnels,\nsubways, bridges, elevated structures, tracks, poles, wires, conduits,\npower houses, substations, lines for the transmission of power,\ncar-barns, shops, yards, sidings, turn-outs, switches, stations and\napproaches thereto, cars and motive equipment. "Facility" shall include\nall works, buildings, structures, appliances and appurtenances necessary\nand convenient for the proper construction, equipment, maintenance and\noperation of such facility or facilities or any one or more of them.\n"Real property" shall include land under water, as well as uplands, and\nall property either now commonly or legally defined as real property or\nwhich may hereafter be so defined. "Personal property" shall include\nchoses in action and all other property now commonly or legally defined\nas personal property or which may hereafter be so defined. "To lease"\nshall include to rent or to hire. "Rule or regulation," until and unless\notherwise determined by the legislatures of both states, shall mean any\nrule or regulation not inconsistent with the constitution of the United\nStates or of either state, and, subject to the exercise of the power of\ncongress, for the improvement of the conduct of navigation and commerce\nwithin the district, and shall include charges, rates, rentals or tolls\nfixed or established by the port authority; and until otherwise\ndetermined as aforesaid, shall not include matters relating to harbor or\nriver pollution. Wherever action by the legislature of either state is\nherein referred to, it shall mean an act of the legislature duly adopted\nin accordance with the provisions of the constitution of the state.\n Plural or singular. The singular wherever used herein shall include\nthe plural.\n Consent, approval or recommendation of municipality; how given.\nWherever herein the consent, approval or recommendation of a\n"municipality" is required, the word "municipality" shall be taken to\ninclude any city or incorporated village within the port district, and\nin addition in the state of New Jersey any borough, town, township or\nany municipality governed by an improvement commission within the\ndistrict. Such consent, approval or recommendation whenever required in\nthe case of the city of New York shall be deemed to have been given or\nmade whenever the board of estimate and apportionment of said city or\nany body hereafter succeeding to its duties shall by a majority vote\npass a resolution expressing such consent, approval or recommendation;\nand in the case of any municipality now or hereafter governed by a\ncommission, whenever the commission thereof shall by majority vote pass\nsuch a resolution; and in all other cases whenever the body authorized\nto grant consent to the use of the streets or highways of such\nmunicipality shall by a majority vote pass such a resolution.\n * ARTICLE XXIII\n 1. Definitions. The term:\n a. "Employee" means those persons employed at the port authority,\nincluding but not limited to: full-time and part-time employees, those\nemployees on probation, and temporary employees, whether or not\nrepresented by a labor organization.\n b. "Ordered military duty", as used in this article, means any\nmilitary duty performed in the service of the state of New York or of\nthe United States, including but not limited to attendance at any\nservice school or schools conducted by the armed forces of the United\nStates, by a port authority employee as a member of any force of the\norganized militia or of any reserve force or reserve component of the\narmed forces of the United States, pursuant to orders issued by\ncompetent state or federal authority, with or without the consent of\nsuch port authority employee. Participation in routine reserve officer\ntraining corps training is not considered to be military duty except\nwhen performing advanced training duty as a member of a reserve\ncomponent of the armed forces.\n 2. Leave of absence while engaged in performance of ordered military\nduty. Every employee shall be entitled to absent themselves and shall be\ndeemed to have a leave of absence from his or her duties or service as\nsuch public officer or employee while engaged in the performance of\nordered military duty and while going to and returning from such duty.\n 3. Leave of absence while attending service schools. Every employee\nwho is or becomes a voluntary member of any force of the organized\nmilitia or of any reserve force or reserve component of the armed forces\nof the United States shall be entitled to absent themselves and shall be\ndeemed to have a leave of absence from his or her duties or service as\nsuch employee while in attendance, as a member of such force or reserve\ncomponents, at any service school or schools conducted by the armed\nforces of the United States, and while going to and returning from such\nschool or schools, notwithstanding that orders for such attendance are\nor may be issued with the consent of such public officer or employee.\n 4. Leave of absence while performing full-time training duty or active\nduty for training with or in an armed force of the United States. Every\nemployee who is or becomes a member of any force of the organized\nmilitia or of any reserve force or reserve component of the armed forces\nof the United States shall be entitled to absent themselves and shall be\ndeemed to have a leave of absence from his or her duties or service as\nsuch public officer or employee while performing, as a member of such\nforce or reserve component, initial full-time training duty or initial\nactive duty for training with or in an armed force of the United States\nunder the provisions of this chapter or the laws of the United States or\nboth, and while going to and returning from such full-time training duty\nor active duty for training, notwithstanding that orders for such duty\nare or may be issued with the consent of such public officer or\nemployee.\n 5. Employment rights. Time during which an employee is absent pursuant\nto the provisions of subdivisions two, three and four of this article\nshall not constitute an interruption of continuous employment and,\nnotwithstanding the provisions of any general, special or local law or\nthe provisions of any city charter, no such employee shall be subjected,\ndirectly or indirectly, to any loss or diminution of time service,\nincrement, vacation or holiday privileges, or any other right or\nprivilege, by reason of such absence, or be prejudiced, by reason of\nsuch absence, with reference to continuance in office or employment,\nreappointment to office, re-employment, reinstatement, transfer or\npromotion.\n 6. Pay for military duty. a. Every employee shall be paid their salary\nor other compensation as a port authority employee for any and all\nperiods of absence while engaged in the performance of ordered military\nduty, and while going to and returning from such duty, not exceeding a\ntotal of thirty days or twenty-two working days, whichever is greater,\nin any one calendar year and not exceeding thirty days or twenty-two\nworking days, whichever is greater, in any one continuous period of such\nabsence.\n b. Every employee of the port authority who served in a combat theater\nor combat zone of operations as documented by a copy of his or her\nDD214, certificate of release or discharge from active duty, or other\napplicable department of defense documentation, shall be paid his or her\nsalary or other compensation as such port authority employee for any and\nall periods of absence while utilizing any health care related services\nrelated to such duty, not exceeding five working days, in any one\ncalendar year.\n 7. Rights and contributions under retirement systems. a. The amount of\nrequired contributions to any pension or retirement system of which an\nemployee absent while engaged in the performance of ordered military\nduty is a member, shall be deducted from the salary or other\ncompensation paid to him or her as such employee as provided in this\narticle. If such required contributions exceed the amount of such salary\nor other compensation to which an employee is entitled while engaged in\nthe performance of military duty, the amount of such salary or other\ncompensation shall be applied upon such required contributions and such\nemployee shall have the right to pay to such pension or retirement\nsystem the amount by which such contributions exceed such salary or\nother compensation. Such employee shall also have the right to pay to\nsuch system, for any period of the absence during which he or she shall\nreceive no salary or other compensation as an employee of the port\nauthority, the amount that he or she would have contributed to such\nsystem if he or she had been present and continuously engaged in the\nperformance of the duties of his or her position during such period.\n b. Such payments, other than those deducted from his or her salary or\nother compensation as such employee, may be paid from time to time at\nany time while engaged in such ordered military duty or within five\nyears after the date of termination of such ordered military duty, or,\nin the event of the death of such employee while engaged in ordered\nmilitary duty, such payments, or any part thereof, may be made by the\nnamed beneficiary or the legal representative of such employee's estate\nwithin one year following proof of such death.\n c. To the extent that such contributions are paid, absence while\nengaged in the performance of military duty shall be counted in\ndetermining the length of total service under such pension or retirement\nsystem.\n d. Any employee, while engaged in the performance of ordered military\nduty, or his or her beneficiary, as the case may be, shall be entitled\nto all the benefits of the pension or retirement system of which he or\nshe is a member, except accidental disability retirement and accidental\ndeath benefit.\n * NB Effective upon the state of New Jersey enacting legislation\nhaving a similiar effect; see chapter 343 of 2024 § 2\n