50 @
elaware River & Bay Authority D
ears of Service to the People of Delaware & New Jersey
1 2012 Annual Report • Vol. II DRBA50 Y 50 Delaware River & Bay Authority Celebrating 50 Years of Service 2012 Annual Report
1 50
The Delaware River and Bay Authority: 50 years of serving the residents of Delaware and New Jersey
On September 20, 1962, United In the 50 years since, the bi-state agency States President John F. Kennedy signed has evolved into a dynamic organization that legislation that created the Delaware River continues to provide not only the benefits and Bay Authority Compact which opened foreseen by President Kennedy but also oth- the doors to the establishment of the ers not thought of five decades ago.
Delaware River &Delaware Bay Authority’s River and Bay InitialAuthority Commission and its — 1963 The Authority in 2012 is responsible for Commission. The Legislative record reported the operations and maintenance of the Dela- that President Kennedy noted at that time ware Memorial Bridge Twin Span and the that: “These crossings, (the second bridge Cape May-Lewes Ferry, just as the Presi- at the head of the Delaware Bay and the dent foretold. But it has also taken re- establishment of a ferry at the mouth of the sponsibiity for the Delaware City-Salem Bay) will provide great benefit to the people Ferry (formerly the Three Forts Ferry) and of the two states. In addition, they will benefit five regional airports: New Castle Airport, many residents of other states by expanding Civil Air Terminal, and Delaware Airpark in the the vital connecting links in the routes of State of Delaware, and the Millville Airport highway travel and transportation along the and Cape May Airport in the State of New eastern seaboard.” Jersey, as well as other properties in the two states that add value to the region through the stewardship of the Authority.
Top left: front row, left to right—Gov. Richard J. Hughes, New Jersey; J. H. Tyler McConnell, chair- man; Gov. Elbert N. Carvel, Delaware. Standing—Joseph L. Bowe, Glassboro; Clarence. B. McCor- mick, Bridgeton; James T. Ferri, Wilmington; Howard S. Abbott, Sr., Georgetown; Bayard L. Eng- land, Linwood; Williams R. Murphy, Milford; Thos. J. Gallagher, Wildwood Crest; James G. Smith, Dover, and Theodore C. Bright, Pennsville, vice chairman.
2 The Delaware River and Bay Authority: 50 years of serving the residents of Delaware and New Jersey
Although the enablising legislation was Theordore C Bright, Pennsvile; Joseph L. signed in 1962, the date we celebrate as the Bowe, Glassboro; Bayard L. England, Lin- Authority’s beginning, the first meeting of the wood; Thomas J. Gallagher, Wildwood Crest, Commission was not held until February 6, and Clarence B. McCormick, Bridgteton. 1963. The Compact called for the establish- Governor Elbert N. Carvel of Delaware ment of a 10-person interstate authority which named Howard S. Abbott, Georgetown; would continue the operations and manage- James T. Ferri, Wilmington, J.H. Tyler McCo- ment of the Delaware Memorial Bridge and nnell, Wilmigton; William R. Murphy, Milford, it would be authorized to plan and execute and James G. Smith, Jr., Dover. such further Delaware River crossings which Mr. McConnell, who had served as Di- might be deemed necessary in the furture. rector of the Delaware Insterstate Highway The legislation called upon each of the Division, the body that had governed the Del- governors of the respective states to appoint aware Memorial Bridge before the Commis- five people to the Authority, three from the sion was formed, was elected chairman; Mr. majority political party and two from the mi- Bright was named vice chair. The pact nority party. states that the chairmanship shall Governor Richard J. Hughes of New alternate between the states Jersey named the following representatives: every two years.
At right: front row, left to right—Shirley Wilson, Seaville; Ceil Smith, Salem; Chairman James Hogan, Franklinville; Vice chairman, Bill Lowe III, Lewes; Terri Murphy, Wilmington; Samuel Lathem, Bear; Standing—Rev. Edward Dorn, Pedricktown; Douglas VanSant, Bridgeton; Richard Mroz, Haddonfield; Richard Downes, Smyrna; Fernando Guajardo, Lincoln; and Gary Traynor, Dover.
3 50 DRBA Commissioners 50 Serving the citizens of New Jersey and Delaware between 1962 and 2012
1958 Cape1959 May, NJ, 1962 1958 Delaware First meeting andAgreement Lewes, DE The First meeting River and Bay between New reached between New Authority Jersey and between states Jersey and Compact UNVEILING—At a ceremony on September 20, 2012, former DRBA Chairmen Richard Cordrey and Al Fralinger unveiled on behalf of all former Authority commissioners, many of Delaware to for a1968 bi-state Delaware to approved by talk about their Authoritycompact whom are showntalk in this about photo, their a plaque celebratingCongress the DRBA’s on 50th anniversary. The plaque, which hangs in the entry of the DRBA Administration Building, lists the names of mutual goals opens second the 72 people whomutual have volunteered goals their time, skill Sept.and talent 20 to serve as Commissioners of the Authority in its 50 years. Standing (left to right): Gary Simmerman, Harold span of the Smick, Gary Traynor, Reverend Edward Dorn, Robert McWilliams,1964 Bill Lowe, Richard Cordrey, Al Fralinger, Jim Hogan, Sam Lathem, Al Filiaggi, Scott Green and Michael Delaware Parkowski. Seated (l-r):1959 Paul Morris, Ken McDowell,Ferry Verna service Hensley, Hilda Donnelly, Warren Wallace, Rick Downes, Maureen Koebig, and Gary Patterson. The com- Memorial Agreement begins between plete list of those who have4 served on the Commission is on the following page. reached DRBA Commissioners Serving the citizens of New Jersey and Delaware between 1962 and 2012
Bridge; first December MV Delaware span closes 1971 Ferry and MV New three days service is Jersey, begin later for reduced to 8 service UNVEILING—At a ceremony on September 20, 2012, former DRBA Chairmen Richard Cordrey and Al Fralinger unveiled on behalf of all former Authority commissioners, many of reconstruction hours daily whom are shown in this photo, a plaque celebrating the DRBA’s 50th anniversary. The plaque, which hangs in the1969 entry of the DRBAfrom theAdministration Building, lists1990 the names of the 72 people who have volunteered their time, skill and talent to serve as Commissioners of the Authority Bothin its spans50 years. Standingoriginal (left 24 to right): Gary Simmerman,The compact Harold Smick, Gary Traynor, Reverend Edward Dorn, Robert McWilliams, Bill Lowe, Richard Cordrey, Al Fralinger, Jimopen Hogan, in Sam Lathem,1974 Al Filiaggi, Scott Green and Michael Parkowski. Seated (l-r): Paul Morris, Ken McDowell, Verna Hensley, Hilda Donnelly, Warren Wallace, Rick Downes, MaureenTwo Koebig, new ferry and Gary Patterson. The com- vessels, the plete list of those who have served on the Commission is on the following page. 5 50 Years of Service 50 to the Traveling Public
Delaware New Jersey
Jack A. Markell Governors Chris Christie Matt DENN Lt. Governors Kim Guadagno
former GovernorS Elbert N. Carvel Russell W. Peterson Alfred E. Driscoll Robert B. Meyner Charles L. Terry, Jr. Sherman W. Tribbitt Richard J. Hughes William T. Cahill Pierre S. du Pont, IV Michael N. Castle Brendan Byrne Thomas H. Kean Dale E. Wolf Thomas R. Carper James J. Florio Christine Todd Whitman Ruth Ann Minner Donald DiFranceso James E. McGreevey Richard Codey Jon S. Corzine
Commissioners William E. Lowe, III, James N. Hogan, Vice Chairman Chairman Richard W. Downes Fernando N. Guajardo Rev. Edward W. Dorn Richard S. Mroz Samuel E. Lathem Terri C. Murphy Ceil Smith Douglas L. VanSANT
former Commissioners James G. Smith, Jr. Joseph J. Pace Sr. (1962-1969) (1991-1996) J. H. T. McConnell William J. Dimondi Bayard L. England B. Harold Smick Jr. (1962-1965) (1989-1991) (1962-1964) (1991-1999) James T. Ferri Hilda E. Donnelly Clarence B. McCormick Charles E. Pessagno (1962-1967) (1990-1994) (1962-1988) (1993-2004) William R. Murphy Thomas H. Draper Thomas J. Gallagher Albert A. Fralinger Jr. (1962-1966) (1990-1997) (1962-1971) (1993-2003) Howard S. Abbott John W. Whitby Joseph L. Bowe Albert A. Filaggi Jr. (1962-1968) (1991-1996) (1962-1967) (1996-2001) Alexis I. DuPont Bayard Mark G. Schaeffer T. C. Bright Maureen T. Koebig (1965-1969) (1992-2001) (1962-1966) (1996-2006) Remsen C. Barnard III Kenneth L. McDowell William A. Gemmel Jack A. Kugler (1966-1989) (1994-1996) (1965-1979; 1981-1993) (1997-2002) James Julian Richard S. Cordrey Walter F. W. Maack Paul J. Morris (1968-1996) (1997-2003) (1966-1990) (1999-2001) Benjamin F. Shaw II Dian C. Taylor James L. Smith Robert Y. McWilliams Sr. (1968-1974) (1997-2000) (1968-19710 (2002-2004) Walton H. Simpson Richard H. Derrickson Leroy H. May, Jr. Dr. Warren S. Wallace (1969-1972) (1997-2003) (1971-1975) (2002-2006) A. F. Smith Edward J. Bennett Frank LoBiondo Niels S. Favre (1969-1974) (1997-2003) (1971-1978) (2004-2012) Louis E. Edgell Gary B. Patterson John Vinci JOHN M. JACKSON (1972-1973) (2001-2008) (1975-1982) (2004-2006) Ernest E. Killen Verna W. Hensley Angelo J. Falciani Gary F. Simmerman (1973-1983) (2001-2009) (1979-1994) (2005-2009) Garrett B. Lyons F. Michael Parkowski Joseph J. Fabi, Jr. Susan Atkinson DeLanzo (1974-2001) (2003-2009) (1979-1980) (2006-2011) Alfred L. Donnelly Thomas J. Cooper Jack Sparks (1974-1988) (2003-2009) (1982-1992) Francis A. Dimondi Scott A. Green Clarence D. McCormick (1984-1988) (2009-2012) (1989-1997)
6 50 Years of Service to the Traveling Public DRBA Leadership at the Half-Century Mark
Scott Green Executive Director 2012-present
Frank Minor Deputy Executive Director 2009-present
JAMES JOHNSON, JR. Michael Harkins William MIller, Jr Executive Director Executive Director Executive Director 2002-2012 1992-2002 1962-1992
DONALD RAINEAR Deputy Executive Director 2002-2009
7 50 Before the DRBA was created . . . there was the Delaware Memorial Bridge
ears of Service Invention of grant to William Penn. Delaware whether to build a bridge or tunnel, the automobile argued the historic grant gave it the a decision was made to name 50 Y had, by 1920, entire Delaware River within a 12-mile the crossing in honor of the men caused a revolution in circle from New Castle. New Jersey and women from both states who transportation. At first, the contended the border lay at the middle sacrificed their lives in the war. resulting new roads stopped of the river’s shipping channel. In 1934 In March 1946 New Jersey at the water’s edge awaiting the the U.S. Supreme Court ruled in favor adopted legislation that authorized infrastructure to link the expanding of Delaware. acquiring the land that would form network of highways. In southern As the boundary dispute inched the crossing approaches in the New Jersey and Delaware that meant toward judicial settlement, support Garden State; it also recognized that traffic flowed freely to the banks of the increased in Delaware for a river the project belonged exclusively to Delaware but depended on privately crossing. Several proposals were Delaware, which would pay to build owned water-borne transportation to made, but each failed to gain much and operate it. At virtually the same cross the water. support and later attempts faltered, time this legislation was moving The first structural crossing of just as the U.S. entered World War II. toward passage, the two states the river opened in 1926, when the All talk of a crossing had to wait. There agreed the crossing would be a bridge Benjamin Franklin Bridge went into was a war to win. — the “Delaware Memorial Bridge.” . service between Philadelphia and At the end of the war in Europe, Congress acted swiftly, passing Camden, but it was 30 miles north of the Delaware Highway Department the needed legislation in July 1946 Wilmington. received the green light to revive with two conditions: tolls on the bridge Any plan to build a crossing planning for a river crossing. Legislation could be collected for a maximum 30 further south faced two major passed giving the department years or until the construction bond hurdles—the historic border dispute authority to construct, maintain and debt was repaid, whichever came between New Jersey and Delaware, operate a crossing with authority to first, and the military departments had and the insistence of the War and pay for the project through tax-exempt to approve the location and design of Navy Departments that the shipping bonds to be repaid from toll revenues the bridge. In near record time, just channel be unobstructed. that would also fund acquisition of the five months after Delaware applied for The 100-year-old boundary privately owned ferries in the region. them, the permits were granted. dispute originated in the royal land Before it was even decided By then the estimates put the
1934
1920s 1929 1932 1934 1936 1941 1945 Privately owned New Jersey Wilmington US Supreme Federal World War II Delaware ferry systems initiated Chamber of Court rules legislation intervenes Highway operate litigation Commerce in favor of to create Department between New against promotes Delaware Wilmington authorized to Delaware and Delaware to new river concerning DE Bridge build crossing New Jersey determine crossing boundary Authority goes and issue boundary dispute nowhere revenue bonds
8 Before the DRBA was created . . . there was the Delaware Memorial Bridge
cost to build a four-lane bridge at the bridge. Delaware Governor Elbert the bridge debt would be repaid well a firm $40 million. Bridge planners N. Carvel and New Jersey Governor within the 30-year limit established were confident anticipated traffic Alfred E. Driscoll presided after first by Washington. But at that point the volume would generate more than leading a ceremonial motorcade expense of maintaining and operating sufficient toll revenue to repay the across the bridge. Since Delaware the bridge would fall on the shoulders construction bonds well within the was the proud owner of the new of Delaware without an offsetting 30-year period fixed by Congress. bridge, the honor of riding in the first source of income. With some misgiving, the Delaware car went to Governor Carvel, with The states began talking about Legislature increased the revenue Governor Driscoll close behind in the these issues in 1956. In the course bond authorization from $25 million second vehicle. of the discussions New Jersey to $40 million. (The final cost would In 1951, a final traffic estimate suggested establishing a ferry service be nearly $47 million, an enormous before the opening predicted the between Cape May and Lewes. The public expenditure for the times.) bridge would carry 5 million vehicles discussions gave rise in June 1958 to In 1949 New Jersey announced in the first year and that volume would an agreement by the two governors a plan to build the road known as the level at 4.4 million vehicles by 1955. for a bi-state committee to devise a New Jersey Turnpike and to tie the The estimates were wrong. From the long-term solution that would provide southern terminus of the turnpike to opening in mid-August to the end of for joint operation of the bridge; ensure the bridge. The tie-in would weave a 1951, 2.2 million vehicles used the construction of a second bridge to seamless road connection. bridge, while 6.4 million crossed in alleviate traffic congestion; and plan With the funding in place, 1952, the first full year of operation. and operate other transportation construction of the bridge, under the By 1955 the count rose to 8.2 million facilities between the states, including direction of the Delaware Interstate vehicles, and continued to surge. a ferry system across the Delaware Highway Division, could finally begin. Ironically the success of the bridge Bay. In the fall of 1949 the work started pointed to near-term future problems. The stage for the creation and the bridge began to rise and take Traffic was rapidly approaching the of the DRBA was set. shape. Less than two years later, on capacity of the bridge to maintain a August 15, 1951, government and steady, uninterrupted flow of vehicles. community leaders from both states High traffic volumes meant high toll gathered for dedication ceremonies at revenue collections and this meant
1962
1946 1947 1947 1949 1951 1958 New Jersey Congress Delaware New Jersey Delaware Bi-state adopts approves approves announces Memorial committee required Delaware’s increased plans for Bridge opens appointed to legislation for permit, bonds; first Turnpike to to traffic create long- Delaware to subject to War contract connect to new term solution build and own Department’s awarded bridge and joint the bridge approvals operations
9 The Delaware River and Bay Authority wastes no time authorizing a second span
ears of Service
50 Y With the formalized The Twin Span May-Lewes Ferry, $12 million to agreement for the Studies quickly determined the redeem the amount remaining from establishment of the best, most efficient and least costly the original $47 million in bridge Delaware River and Bay plan would be to build a second bonds, and a fund of $8 million Authority (DRBA), including span parallel and adjacent to the for contingent costs. The DRBA a 10-member panel with five Delaware Memorial Bridge. The immediately established a tradition members appointed from each commissioners were empowered to for prudent management of the state by their governors, both states make these decisions and to put the public resources with which it was approved the agreement in 1961, financial power of the Authority’s toll entrusted by obtaining an interest and congressional approval for the revenues behind the project subject rate of 3.75 percent — actually a bi-state compact followed quickly to oversight by the governors of New quarter point lower than the original in 1962. The DRBA held its first Jersey and Delaware. Governors of 1948 bridge bond issue. meeting in February 1963 as the both states have power to veto any 10 commissioners began to tackle action of the DRBA. The new bridge Construction again the issues. project, had the blessing of both Construction on the new span At the very first meeting, the states and proceeded rapidly. got under way and moved rapidly DRBA authorized a feasibility study By January 1964 engineering from the ground-breaking in mid- for ferry service between Cape May firms were at work and federal 1964 to the fall of 1968 when the and Lewes, and directed application permits were in hand. In April 1964 second bridge was completed. be made for federal approval of a the Authority authorized a $103 Once again dignitaries from both new bridge. million bond issue that earmarked states came for the opening, joined $70 million to build the twin bridge, this time by U.S. Vice President $12 million to establish the Cape Hubert H. Humphrey. Governors
1962
1958 1959 1962 1964 1968 1969 1971 First meeting Agreement The Delaware Ferry service Authority Both spans Ferry service between New reached River and Bay begins opens second open in is reduced Jersey and between states Authority between Cape span of the December to 16 hours Delaware to for a bi-state Compact is May, NJ, and DMB; first span daily from the talk about their compact approved by Lewes, DE closes three original 24 mutual goals Congress on days later for regarding the Sept. 20 reconstruction bridge 10 The Delaware River and Bay Authority wastes no time authorizing a second span
presiding at the inauguration of the The work went well and quickly and In December of 2012 the one new bridge were Richard J. Hughes on December 29, 1969 Governor- billionth customer drove across the of New Jersey and Charles L. Terry, elect William T. Cahill of New Jersey span from New Jersey to Delaware. Jr. of Delaware. The second bridge joined Delaware Governor Russell Day by day, the total continues to appears to the eye to be an exact W. Peterson for the ribbon cutting mount as the Twin Spans link two great twin of the original but there are ceremony to reopen the original states, strengthen their economies subtle differences in the design and span. through efficient transportation, construction. To the motoring public and join their citizens in a common they look the same and are the same. The Twin SpanS Today community of interest on the Delaware Most importantly, standing next to the In the ensuing years, bridge traffic River and Bay. original span, the second one doubled has continued to leap forward, set The river’s flow is timeless; the Delaware Memorial Bridge to eight back only by the gasoline supply crises while high above the water the traffic lanes, capable of handing the coming of the 1970s and the recent recession. flow across the Delaware Memorial increases in traffic. Traffic counts have since resumed their Bridge seems endless also. steady upward increases. Rebuilding In 1992 the bridge converted to The first bridge had been in a one-way toll system to speed traffic operation for more than 17 years and help the environment by reducing when the twin bridge went into emissions from idling vehicles. service. Three days after the second In July 2001, the Authority went span opened the first was closed live with its new E-ZPass system. for a major overhaul, including Today more than 65 percent of the replacement of the entire deck traffic crossing the Twin Spans use surface. E-ZPass.
2012
1974 1990 1992 1995 1997 2001 Two new ferry Compact One-way tolls DRBA inks a Three Forts E-ZPass vessels, the revisions begin on the 30-year lease ferry (Now debuts MV Delaware allow the Twin Spans to operate New Delaware City- on DMB and MV New DRBA to invest Castle Airport. Salem Ferry) Jersey, begin in regional Four additional service joins service economic aviation DRBA development facilities follow transportation projects family 11 The new Authority immediately began considering ferry systems
ears of Service A t ferries were no longer needed for key personnel. The DRBA hired a the first that crossing, the DRBA initiated 30-year veteran of the Little Creek Commission negotiations with Virginia. For ferry service in Virginia as the 50 Y meeting, the newly $3.3 million, the DRBA acquired first CMLF general manager and appointed DRBA four vessels, the SS Pocahontas employed four veteran captains and commissioners ordered renamed the SS Delaware, the SS others from the Chesapeake ferry an update to a bay ferry Princess Ann, renamed the SS New service. feasibility study conducted Jersey, the SS DelMarVA, which On July 1, 1964, the new ferry in 1956 for the New Jersey became the SS Cape May, and the service was inaugurated as two Highway Authority. The Highway MV Virginia Beach which took the ceremonial crossings of the Bay, Authority report had recommended name the MV Cape Henlopen. one each departing at Lewes and establishment of a ferry service While the vessels were refitted Cape May, carried VIP passengers. between Cape May and Lewes, but at Norfolk, engineering and Although a mishap at Lewes marred nothing occurred until 1963 when construction activities proceeded the voyage from Cape May aboard the newly established DRBA dusted to develop ferry terminals the SS Cape May as the vessel off the study. at both Cape May and Lewes backed into dock, the incident The review was fast and efficient. as well as access roads to the caused only minor embarrassment. In April 1963, the commissioners terminals, dredging and bulkhead In the week prior to the July 1 grand ordered that the CMLF be placement and construction of a opening, celebrations and festivities established. In June the DRBA breakwater at Lewes. In addition created much excitement and was a approved $103 million for a to the development of fuel storage, fitting send-off for the CMLF on its new bridge span and for a ferry ticketing and administrative offices, first voyages across the expanse of start-up budget of $12.7 million. the Authority was aggressively the bay. Coincidentally, as the States of recruiting the other vital component During the balance of 1964, the Delaware and New Jersey decided of the new ferry service, experienced CMLF was hampered by incomplete to go into the ferry business, the professionals. parking lots and access roads, State of Virginia was ending its Just as the first CMLF vessels a situation gradually rectified as Chesapeake Bay ferry service. came from Virginia so did the first projects were completed. The very Recognizing that the Chesapeake
1962
1956 1963 1963 1964 1972 1977 1994 NJ Highway DRBA DRBA Ferry service DRBA Extreme ice Five vessels Authority Commission orders CMLF begins contracted conditions halt undergo recommends orders update established between Cape for three new ferry service extensive establishing a to 1956 study and approves May and Lewes vessels for record 45 refurbishing Cape May to start-up budget with renamed consecutive and refitting Lewes ferry of $12.7 million Chesapeake days service Bay vessels
12 The new Authority immediately began considering ferry systems
first trip transported 8 vehicles and Cape May, the MV Delaware, the MV Whether passengers use the 15 passengers. Things improved. Twin Capes and the MV New Jersey, service for vacation or for business In its first full year of operation the underwent an extensive program travel, they are transported in time CMLF carried 161,000 vehicles and to refurbish and refit them. The as well as distance during the 80 542,000 passengers across the refurbishment program, undertaken minutes when they voyage across Delaware Bay, less than a projection at a cost of $54.4 million, created the bay. They are transported away of 200,000 vehicles but greatly improved onboard amenities and from the hurry and hustle and bustle exceeding a projection for 377,000 facilities for customer comfort and of the modern world to the quiet and passengers that year. service including elevators, spacious stillness of the bay, where the only During 1972 the DRBA contracted dining facilities, air conditioning, sounds they are likely to hear are to build three new vessels and in television and of course the most the hum of the ferry motors, waves 1975 ferry operations were reduced up-to-date safety measures. On the lapping at the vessel or the cry of permanently from 24 hours to 16 landward side, the CMLF invested a gull soaring over the bay; and the hours daily, lowering operational significantly to improve the terminals only sights are other boats and ships, costs but keeping the service open at Cape May and Lewes between a lighthouse or two, the vastness of conveniently for the traveling public. 2000-2002. The $12 million terminal the bay itself and the receding or Even with reduced hours ferry traffic improvement project upgraded approaching shores of New Jersey increased, and was helped with the not only the terminal buildings and and Delaware. introduction of casino gambling in facilities but parking lots, access The Cape May Lewes Ferry is an Atlantic City in 1978. Having added roads and support facilities as well. important transportation link between three new vessels in 1972, the DRBA Since 1964, the Cape May Lewes Delaware and New Jersey as it was ordered a fourth new ferry in 1981, Ferry has carried more than 14 meant to be, connecting travelers for the MV New Del, which later was million motor vehicles and 42 million almost 50 years over a scenic route to renamed the MV Cape Henlopen. passengers. Today the CMLF the shore resorts of our two states In 1985 the CMLF acquired another vessels can accommodate up to and to places beyond in a way new vessel, the MV Cape May. 100 vehicles and 1,000 passengers that makes every voyage Between 1994 and 1999, five on the 80-minute, 17-mile voyage aboard the ferry service vessels, the MV Henlopen, the MV across the Delaware Bay. a special experience.
2012
2000 2007 2008 2009 2010 2010 Terminal Active fleet is New 13 millionth 40 millionth CMLF launches improvements reduced to four reservations/ vehicle on ferry passenger Twitter and start at Cape vessels, fifth departure celebrated; celebrated Facebook May put up for sale technology WiFi installed outreach installed at terminals and on vessels
13 The Authority adds airports to its transportation responsibilities;
ears of Service The Compact is revised
50 Y One of the most better jobs and career opportunities portfolio expanded greatly as the important ingredients in for the citizens of Delaware and South Authority assumed operational the mix for a good economy Jersey. responsibility for three more aviation is transportation. Historically, The DRBA recognizes that a facilities. transportation has been the thriving economy is essential to At the close of the year, in addition primary mission of the Delaware maintain prosperity in the region, and to its ownership and management of River and Bay Authority. That’s been that prosperity in turn fuels demand the New Castle Airport, the DRBA took reflected in the development and for the core transportation links it control of the Civil Air Terminal at Dover operation of the twin spans of the operates; links that tie South Jersey AFB and completed agreements that Delaware Memorial Bridge and in the and Delaware together, making each give it an aviation presence in New service provided by the Cape May- part of a larger region better able to Jersey where it now operates the Cape Lewes Ferry. seek and gain advantage from new May Airport and the Millville Airport. The DRBA’s mission has opportunities for investment and job Cape May County Freeholders expanded to incorporate creation. and the DRBA reached agreement economic development, fulfilling In 1998, the DRBA extended its for the official transfer of the Cape 1990 amendments to the bi-state economic development efforts with May County Airport to the DRBA. The compact of 1962. Under the revised plans to develop a business park agreement was the culmination of five compact, the Authority’s purpose is complex in Salem County; and by years of negotiations concerning the not only the efficient movement of completing significant improvements future operation and development of people, and goods and services in and bringing new air service to New the airport in Lower Township. the region, but also to help expand Castle County Airport; entering into The agreement granted control productive economic activity beyond a strategic engineering education of the airport and much of the the approaches to the bridge or the and training partnership with Rowan surrounding industrial park to the boarding ramps of its ferries. In this University, and continuing negotiations DRBA for a period of thirty years, and way the DRBA is working to extend with Cape May County and the City of provides for two thirty-year renewal the benefits and reach of its mighty Millville to assume responsibility for options that would guarantee the transportation infrastructure to spur operation of their airports. DRBA management of the facility for investment that in turn creates new and In 1999, the DRBA’s aviation most of the 21st century. In return, the
1990
1990 1995 1995 1997 1998 1999 1999 Compact New Castle DRBA Three Salem June August revisions Airport purchases Forts County Cape May Civil Air allow the 131 acres Ferry Business Airport Terminal DRBA to invest contiguous to Crossing Center in regional the Cape May economic Terminal development projects 14 The Authority adds airports to its transportation responsibilities; The Compact is revised
DRBA will pay the county a nominal In March of 1995, the DRBA closed an upscale restaurant facility in the $1 per year fee, but the real financial on a parcel of land located in Cape Riverfront Market. the benefit to Cape May County lies in May County, New Jersey, contiguous In 1997, with the growing numbers the assumption of $815,516 in county to the Cape May ferry terminal. The of passengers and vehicles using the obligations for debt service and capital 131-acre property has approximately Cape May-Lewes Ferry, the Authority improvements at the airport. 50 acres available for development. believed it could do more to link Several months after the Rutgers University has leased some tourism attractions in Delaware and Cape May Airport agreement was land for an aquaculture program. New Jersey and make them even completed, the DRBA completed a Rutgers has been responsible for more accessible. similar agreement with the City of financing, developing, operating, and As a result, the Authority Millville as it took over operation of the maintaining the aquaculture facility. inaugurated the Three Forts Ferry Millville Municipal Airport. The DRBA may one day utilize a Crossing, for the first time linking Under the terms of the agreement, portion of the land for additional Delaware City, and Fort Delaware the DRBA assumed responsibility parking, a water tower, and other on Pea Patch Island, with Fort Mott for the airport property, equipment, facilities for the Cape May ferry in New Jersey. The Ferry is now existing leases, permits, grants and operation. called the Delaware City-Salem Ferry. other elements involved in daily and The DRBA also owns the building Operating seasonally from April to the long-term operation of the airport. housing the Riverfront Market along end of September, the Ferry service The agreement was the culmination the Christina Riverfront in Wilmington, carried 31,581 fort visitors aboard the of two years of negotiation between Delaware. The DRBA, in conjunction vessel Delafort in its first year. the Authority and the city, with the State of Delaware and the Opening day ceremonies The 30-year agreement in which Riverfront Development Corporation, attracted several hundred the Millville Airport joined the family of is interested in promoting the economic dignitaries and guests as DRBA aviation facilities provides that revitalization of the Wilmington Delaware Lt. Gov. Ruth the Authority will reimburse the City Riverfront. In 2002, the DRBA Ann Minner gave the of Millville approximately $1.3 million commission approved $800,000 for keynote address. in a lump sum payment to relieve it of capital investments to attract a local airport debt. restaurateur who intends to establish
1999 2000 2002 2010 October Delaware Riverfront Boeing begins Millville Airpark Market retrofitting at Airport Millville Airport
15 DRBA Album 50th Anniversary
1962 DRBA Commission
ears of Service
50 Y
1968 DRBA Commission
1976 DRBA Commission
16 50th Anniversary
1998 DRBA Commission
2002 DRBA Commission
2012 DRBA Commission
2012 DRBA Commission
ears of Service
17 50 Y DRBA Album 50th Anniversary
ears of Service From left, Dr. Albert F. Smith, DRBA chair; Commissioners 50 Y LeRoy H. May, Jr., and Frank LoBiondo; Clar- ence B. McCor- mick, vice chair (1971)
DRBA Chairman Clarence B. McCormick, left, Commissioner DRBA Chairman Clarence B. McCormick, left, Ernest A. Killen, center, and Vice Chair James Julian (1973) with Vice chair Dr. Garrett Lyons (1977)
Outgoing Chairman James Hogan swears in his replacement, William Lowe III, while Deputy Executive Director Frank Minor holds the Bible. (2012)
18 50th Anniversary
25th and 50th anniversary celebrations for the Delaware Memorial Bridge
ears of Service
19 50 Y DRBA Album 50th Anniversary
ears of Service
50 Y
20 50th Anniversary
ears of Service
21 50 Y DRBA Album 50th Anniversary
ears of Service
50 Y
Work on the second span begins; the Twin Spans are completed
22 50th Anniversary
The first two photos (from left) show the first span and then the work on the second span taken from the same location. The photo on the right show the first span being rehabilitated after the second span opened.
ears of Service
23 50 Y DRBA Album
ears of Service
50 Y
24 50th Anniversary
ears of Service
25 July 3, 1964, two days after service began. 50 Y DRBA Album 50th Anniversary
ears of Service
50 Y
26 50th Anniversary
ears of Service
27 50 Y DRBA Album 50th Anniversary
ears of Service
50 Y
1964 and 2002 DRBA Administration Buildings
28 50th Anniversary
The War Memorial at New Castle is used for Memorial Day and Veterans Day ceremonies
The memorial was rebuilt by DRBA employees in 2012; the submarine memorial is below at right
ears of Service
29 50 Y DRBA Album
ears of Service
50 Y
New Castle Airport
Millville Airport
30 50th Anniversary Album
Civil Air Terminal at Dover
Cape May Airport Delaware Airport, above right
Millville Airport
ears of Service
31 50 Y The Delaware River and Bay Authority Compact
Jersey, pursuant to legisla- ings, transportation, termi- Jersey shore of said river, to- tive authority adopted by nal and other facilities of gether with such approaches each State, being 53 Laws commerce and the over-all or connections thereto as in of Delaware, chapter 145, planning for future econom- the judgement of the Authority and P.L. 1961, chapter 66 ic development of the area are required to make adequate J o i n t of the Laws of New Jersey, may be best accomplished and efficient connections be- R e s o l u t i o n have provided, subject to for the benefit of the two tween such crossings and any Granting the consent of Congress, States and their citizens, the public highway or other routes consent of for a compact, known as region and nation, by the in the State of Delaware or in Congress to the State the Delaware-New Jersey cordial cooperation of Dela- the State of New Jersey; and of Delaware and the Compact, establishing “The ware and New Jersey by (b) The planning, financing, State of New Jersey to enter Delaware River and Bay Au- and through a joint or com- development, construction, into a compact to establish thority” for the development mon agency or authority; purchase, lease, maintenance, the Delaware River and Bay of the area in both States improvement and operation of Authority for the development bordering the said Delaware Now, therefore, the State of any transportation or terminal of the area in both states River and Bay; and Where- Delaware and the State of facility within those areas of bordering the Delaware River as, said compact reads as New Jersey, do hereby sol- both States which border on and Bay. follows: emnly covenant and agree, or are adjacent to the Dela- each with the other as fol- ware River or Bay south of the September 20, 1962 DELAWARE-NEW JERSEY lows: aforesaid line and which in the COMPACT judgement of the States is re- The Delaware River and Bay Whereas, The State of Dela- ARTICLE I. quired for the sound economic Authority was organized on ware and New Jersey are SHORT TITLE. development of the area; and February 6, 1963 following the separated by the Delaware This Compact shall be known (c) The performance of approval of the enabling legis- River and Bay which cre- as the “Delaware - New Jersey such other functions as may lation by the State of Delaware ate a natural obstacle to the Compact.” be hereafter entrusted to the (53 Laws of Delaware, chapter uninterrupted passage of Authority by concurrent legis- 145) and the State of New Jer- traffic other than by water ARTICLE II. lation expressly in implemen- sey (P.L. 1961, chapter 66 of and with normal commer- DEFINITIONS. tation hereof. The Authority the Laws of New Jersey) and cial activity between the two “Crossing” means any shall not undertake any proj- following the approval of the States thereby hindering the structure or facility adapted for ect or part thereof, other than Joint Resolution by the Con- economic growth and de- public use in crossing the Del- a crossing, without having first gress (Public Law 87-678, velopment of those areas aware River or Bay between secured approval thereof by 87th Congress, H.J. Res. 783, in both States which border the States, whether by bridge, concurrent legislation of the September 20, 1962). Public the River and Bay; and tunnel, ferry or other device, two States expressly in imple- Law 87-678 87th Congress, Whereas, the pressures of ex- and by any vehicle or means mentation hereof. H.J. Res. 783 September 20, isting trends from increasing of transportation of persons 1962). traffic, growing population or property, as well as all ap- ARTICLE V. Joint Resolution and greater industrializa- proaches thereto and con- COMMISSIONERS. Granting consent of Congress tion indicate the need for necting and service routes and The Authority shall consist to the State of Delaware closer cooperation between all appurtenances and equip- of ten Commissioners, five of and the State of New Jer- the two States in order to ment relating thereto. States whom shall be residents of sey to enter into a compact advance the economic de- of Delaware and New Jersey and qualified to vote in, and to establish the Delaware velopment and to improve across the Delaware River shall be appointed from, the River and Bay Authority for crossings, transportation, and Bay at any location south State of Delaware, and five of the development of the area terminal and other facilities of the boundary line between whom, shall be residents of in both States bordering the of the area; and the State of Delaware and the and qualified to vote in, and Delaware River and Bay. Whereas, the financing, con- Commonwealth of Pennsyl- shall be appointed from, the Whereas, the State of Dela- struction, operation and vania as extended across the State of New Jersey; not more ware and the State of New maintenance of such cross- Delaware River to the New than three of the Commission-
32 The Delaware River and Bay Authority Compact
ers of each State shall be of the Authority for the purpose the Constitutions of the two said determination shall not the same political party; the of connecting the same with States or of the United States, be affected by the fact that Commissioners for each State any highway or other route in which may be reasonably such property has theretofore shall be appointed in the man- either State. necessary or incidental to the been taken over or is then de- ner fixed and determined from j. To borrow money and effectuation of its authorized voted to a public use, but the time to time by the law of each to evidence such loans by purposes or to the exercise of public use in the hands or un- State respectively. Each Com- bonds, notes or other obliga- any of the foregoing powers, der the control of the Author- missioner shall hold office for a tion, either secured or unse- except the power to levy taxes ity, shall be deemed superior term of five years, and until his cured, and either in registered or assessments, and generally to the public use for which it successor shall have been ap- or unregistered form, and to to exercise in connection with has theretofore been taken or pointed and qualified, but the fund or refund such evidences its property and affairs, and in to which it is then devoted, terms of the first Commission- of indebtedness, which may connection with property with- not so long as any of such ers shall be so designated that be executed with facsimile in its control, any and all pow- bonds or other obligations re- the term of one Commissioner signatures of such persons as ers which might be exercised main outstanding and unpaid, from each State shall expire may be designated by the Au- by a natural person or a private diminish or impair the each year. All terms shall run thority and by a facsimile of its corporation in connection with power of the Authority to es- to the first day of July. Any va- corporate seal. similar property and affairs. tablish, levy and collect tolls cancy, however created, shall k. To procure and keep in and other charges in connec- be filled for the unexpired term force adequate insurance ARTICLE VIII. tion therewith, and that neither only. Any Commissioner may or otherwise provide for the ADDITIONAL POWERS. of the two said States will, so be suspended or removed adequate protection of its For the purpose of effectu- long as any of such bonds or from the office as provided by property, as well as to indem- ating the authorized purposes other obligations remain out- law of the State from which nify it or its officers, agents of the Authority, additional standing and unpaid, autho- he shall be appointed. Com- or employees against loss or powers may be granted to the rize any crossing of the Dela- missioners shall be entitled to liability with respect to any Authority by legislation of ei- ware River or Delaware Bay reimbursement for necessary risk to which it or they may be ther State without the concur- south of the line mentioned on expenses to be paid only from exposed in carrying out any rence of the other, and may be Article IV (a) of this Compact, the revenues of the Authority function hereunder. exercised within such State, by any person or body other and may not receive any other l. To grant the use of, by or may be granted to the Au- than the Authority; unless, in compensation for services to franchise, lease or otherwise, thority by Congress and exer- either case, adequate pro- the Authority except such as and to make charges for the cised by it; but no additional vision shall be made by may from time to time be au- use of, any crossing, facility duties or obligations shall be law for the protection thorized from such revenues or other project or property undertaken by the Authority of those advancing by concurrent legislation. owned or controlled by it. under the law of either State money upon m. To exercise the right of or of Congress without au- such obliga- ARTICLE VI. eminent domain to acquire thorization by the law of both tions. BOARD ACTION. any property or interest there- States. The Commissioners shall in. have charge of the Authority’s n. To determine the exact ARTICLE IX. property and affairs and shall, location, system and char- EMINENT DOMAIN. for the purpose of doing busi- acter of and all other matters If the Authority shall find and ness, constitute a Board; but in connection with any and determine that any property no action of the Commission- all crossings, transportation or interest therein is re- ers shall be binding or effec- or terminal facilities or other quired for a public use tive unless taken at projects which it may be au- because in further- i. To designate as express thorized to own, construct, ance of the pur- highways, and control public establish, effectuate, operate poses of the and private access thereto, or control. Author- all or any approaches to any o. To exercise all other ity, crossing or other facility of powers not inconsistent with
33 The Delaware River and Bay Authority Compact
and legally be deposited with ARTICLE XIX. ARTICLE XXI. an shall be received by any AGENCY POLICE. BOUNDARIES UNAFFECTED. State or municipal officer or Members of the police force The existing territorial or agency of either State for any established by the Authority, boundary lines of the States, purpose for which the deposit regardless of their residence, or the jurisdictions of the two of bonds or other obligations shall have in each State, on States established by said of such State is now or may the crossings, transportation boundary lines, shall not be hereafter be authorized. or terminal facilities and other changed hereby. projects and the approaches ARTICLE XIII. thereto, owned, operated or Now, therefore, be it TAX STATUS. controlled by the Authority, Resolved by the Senate and The powers and functions and at such other places and House of Representatives of ARTICLE XII. exercised by the Author- under such circumstances as the United States of America SECURITIES LAWFUL ity under this Compact and the law of each State may pro- in Congress assembled, That INVESTMENTS. any amendments hereof or vide, all the powers of inves- the consent of Congress is The bonds or other securi- supplements hereto are and tigation, detention and arrest hereby given to the States of ties or obligations which may will be in all respects for the conferred by law on the peace Delaware and New Jersey to be issued by the Authority benefit of the people of the officers, sheriffs or constables enter into the Compact set pursuant to this Compact, or States of Delaware and New in such State or usually exer- forth in this resolution, except any amendments hereof or Jersey, the region and nation, cised by such officers in each that nothing contained in such supplements hereto, are here- for the increase of their com- State. compact shall be construed by declared to be negotiable merce and prosperity and for as impairing or in any manner instruments, and are hereby the enhancement of their gen- ARTICLE XX. affecting any right or jurisdic- made securities in which all eral welfare. To this end, the REPORTS AND AUDITS. tion of the United States in State and municipal officers Authority shall be regarded as The Authority shall make an- and over the area which forms and bodies of each State, all performing essential govern- nual reports to the Governors the subject of such compact. banks, bankers, trust compa- mental functions in exercising and Legislatures of the State SEC. 2. In addition to any nies, savings banks, building such powers and functions of Delaware and the State of other requirement of law, any and loan associations, saving and in carrying out the provi- New Jersey, setting forth in project constructed by the and loan associations, invest- sions of this Compact and of detail its operations and trans- Delaware River and Bay Au- ment companies and other any law relating thereto, and actions, and may make such thority in or over the navigable persons carrying on a banking shall not be required to pay additional reports from time waters of the United States business, all insurance com- any taxes or assessments of to time to the Governors and shall be subject to the proce- panies, insurance associa- any character, levied by either Legislatures as it may deem dural requirements of section tions and other persons carry- State or political subdivision desirable. It shall, at least an- 2(a) of the Fish and Wildlife ing on an insurance business, thereof, upon any of the prop- nually, cause an independent Coordination Act, as amend- and all administrators, execu- erty used by it for such pur- audit of its fiscal affairs to be ed (48 Stat. 401; 16 U.S.C. tors, guardians, trustees and poses, or any income or rev- made and shall furnish a copy 662(a)). other fiduciaries and all other enue therefrom, including any of such audit report together SEC. 3. Nothing in this reso- persons whatsoever who are profit from a sale or exchange. with such additional informa- lution shall be construed as now or may hereafter be au- The bonds or other securities tion or data with respect to (a) Amending or supersed- thorized to invest in bonds or obligations issued by the its affairs as it may deem de- ing the provisions of the Act of or other obligations of either Authority, their transfer and sirable to the Governors and September 27, 1961 (75 Stat. State, may properly and legal- the interest paid thereon or in- Legislatures of each State. It 688) ly invest any funds, including come therefrom, including any shall furnish such information capital, belonging to them or profit from a sale or exchange, or data with respect to its af- within their control; and said shall at all times be free from fairs as may be requested by obligations are hereby made taxation by either State or any the Governors or Legislatures securities which may properly subdivision thereof. of each State.
34 Public Law 101-565-Nov. 15, 1990 Delaware-New Jersey Compact Amendments
104 STAT. 2784 PUBLIC LAW limitation, any deep-water maintenance of such cross- vanced by authorizing the Au- 101–565—NOV. 15, 1990 port or superport, without the ings, transportation, termi- thority to undertake economic Public Law 101–565 prior approval, by concurrent nal, and other facilities of development projects, other 101st Congress legislation, of the two States: commerce and the overall than major projects, as defined Joint Resolution Now, therefore, be it planning for future economic in Article II, at its own initiative, Nov. 15, 1990 development of the area may and to undertake major projects Granting the consent of the Congress to Resolved by the Senate and be best accomplished for the after securing only such ap- amendments to the Delaware-New Jer- House of Representatives of benefit of the two States and provals as may be required by sey Compact, and for other purposes. the United States of America their citizens, the region and legislation of the State in which [H.J. Res 657] in Congress assembled, Nation, by the cordial coop- the project is to be located, ex- eration of Delaware and New cept that the Authority is pro- Whereas the State of Delaware SECTION 1. CONSENT OF Jersey by and through a joint hibited from undertaking any and the State of New Jersey, CONGRESS. or common agency or au- major project, to be located in pursuant to legislative author- The Congress consents to the thority; and the Delaware River or Bay, in- ity adopted by each State, amendments to the Delaware- Whereas the Delaware-New cluding, without limitation, any being 53 Laws of Delaware, New Jersey Compact which Jersey Compact, enacted deep-water port or superport, chapter 145, and Public Law have been enacted by the pursuant to 53 Laws of Dela- without the prior approval, by 1961, chapter 66 of the Laws States of Delaware and New ware, Chapter 145 (17 Del. C. concurrent legislation, of the of New Jersey, have pro- Jersey, so that the Delaware- §1701) and Public Law 1961, two States; and Whereas the vided, subject to the consent New Jersey Compact reads c. 66 (C. 32:11E-1 et seq.) of natural environment of those ar- of Congress, for a compact, substantially as follows: the Pamphlet Laws of New eas in the two States which bor- known as the Delaware-New Jersey, with the consent of the der the Delaware River and Bay Jersey Compact, establishing DELAWARE-NEW JERSEY United States Congress by would be better preserved by The Delaware River and Bay COMPACT Joint Resolution being Public requiring that the projects, other Authority for the development Whereas the States of Delaware Law 87-678, 87th Congress, than crossings of the Author- of the area in both States and New Jersey are separat- H.J. Res. 783, September 20, ity shall be in complete compli- bordering the said Delaware ed by the Delaware River and 1962, created the Delaware ance with all applicable envi- River and Bay; and Bay which creates a natural River and Bay Authority with ronmental protection laws and Whereas the State of Delaware obstacle to the uninterrupted the intention of advancing the regulations before the Authority and the State of New Jersey, passage of traffic other than economic growth and de- may undertake the planning, pursuant to legislative author- by water and with normal velopment of those areas in development, construc- ity adopted by each State, commercial activity between both States which border the tion, or operation of any subject to the consent of the two States thereby hin- Delaware River and Bay by project, other than a Congress, have provided for dering the economic growth the financing, development, crossing: an amendment to the Dela- and development of those construction, operation, and NOW, ware-New Jersey Compact to areas in both States which maintenance of crossings, THERE- authorize the Delaware River border the River and Bay; and transportation, or terminal fa- FORE, and Bay Authority to under- Whereas the pressures of ex- cilities, and other facilities of the take economic development isting trends from increasing commerce, and by providing projects, other than major traffic, growing population, for overall planning for the fu- projects, at its own initiative, and greater industrialization ture economic development and to undertake major proj- indicate the need for closer of those areas; and ects after securing only such cooperation between the two Whereas the economic approvals as may be required States in order to advance the growth and develop- by the legislation of the State economic development and ment of areas of in which the project is to be to improve crossings, trans- both States located, except the Authority portation, terminal, and other will be fur- is prohibited from undertak- facilities of the area; and ther ad- ing any major project to be Whereas the financing, con- located in the Delaware River struction, operation and and Bay, including, without 35 Public Law 101-565-Nov. 15, 1990 Delaware-New Jersey Compact Amendments
and property or the stor- thereof. The two States agree that age, handling or loading of ‘Major Project’ means any there shall be created and they property, as well as all appurte- project, other than a crossing, do hereby create a body politic, nances and equipment related having or likely to have signifi- to be known as ‘The Delaware thereto. cant environmental impacts on River and Bay Authority’ (for ‘Commerce facility of devel- the Delaware River and Bay, its brevity hereinafter referred to as State of opment’ means any structure shorelines or estuaries, or any the ‘Authority’), which shall con- Delaware or facility adapted for public other area in the State of Dela- stitute an agency of and the State use or any development for a ware or the New Jersey coun- government of the State of of New Jersey public purpose within each of ties of Cape May, Cumberland, Delaware and the State of New do hereby solemnly the States party hereto in con- Gloucester, and Salem, as de- Jersey for the following gen- covenant and agree, nection with recreational and termined in accordance with eral public purposes, and which each with the other as fol- commercial fishery develop- State law by the environmental shall be deemed to be exercis- lows: ment, recreational marina de- agency of the State in which the ing essential government func- Delaware-New Jersey Compact. velopment, aquaculture (marine major project is to be located. tions in effectuating such pur- farming), shoreline preservation ‘Tunnel’ means a tunnel of poses, to wit: ARTICLE I and development (including one or more tubes. (a) The planning, financing, SHORT TITLE wetlands and open-lands ac- ‘Governor’ means any per- development, construction, This Compact shall be known quisition, active recreational and son authorized by the Consti- purchase, lease, maintenance, as the ‘Delaware-New Jersey park development, beach resto- tution and law of each State to improvement, and operation of Compact’. ration and development, dredge exercise the functions, powers, crossings between the States of spoil disposal and portoriented and duties of that office. Delaware any location south of ARTICLE II development), foreign trade ‘Authority’ means the Au- the boundary line between the DEFINITIONS zone site development, manu- thority created by this Compact State of Delaware and the Com- ‘Crossing’ means any struc- facturing and industrial facilities, or any agency successor there- monwealth of Pennsylvania as ture or facility adapted for pub- and other facilities of commerce to. extended across the Delaware lic use in crossing the Delaware which, in the judgment of the The singular whenever used River to the New Jersey shore River or Bay between the States, Authority, are required for the in this Compact shall include of said River, together with such whether by bridge, tunnel, ferry, sound economic development the plural, and the plural shall approaches or connections or other device, and by any ve- of the area. include the singular. thereto as in the judgment of the hicle or means of transportation ‘Appurtenances’ and ‘Equip- Authority are required to make of persons or property, as well ment’ mean all works, buildings, ARTICLE III adequate and efficient connec- as all approaches thereto and structures, devices, appliances, FAITHFUL CO-OPERATION tions between such crossings connecting and service routes and supplies, as well as every They agree to and pledge, and any public highway or other and all appurtenances and kind of mechanism, arrange- each to the other, faithful co- routes in the State of Delaware equipment relating thereto. ment, object, or operation in the effectuation or in the State of New Jersey; ‘Transportation facility’ and substance related to and nec- of this Compact and any fu- and ‘terminal facility’ means any essary or convenient for the ture amendment or supple- (b) The planning, financing, structure or facility other than proper construction, equip- ment thereto, and of any development, construction, a crossing, as herein defined, ment, maintenance improve- legislation expressly in imple- purchase, lease, maintenance, adapted for public use within ment, and operation of any mentation thereof hereafter improvement, and operation of each of the States party hereto crossing, transportation facility enacted, and in the planning, any transportation or terminal in connection with the transpor- or terminal facility, or commerce development, financing, con- facility within the State of Dela- tation of persons or property, facility, or development. struction, operation, main- ware or the New Jersey coun- including railroads, motor ve- ‘Project’ means any undertak- tenance, and improvement ties of Cape May, Cumberland, hicles, watercraft, airports and ing or program for the acquisi- of all projects entrusted to Gloucester, and Salem, which aircraft, docks, wharves, piers, tion or creation of any crossing, the authority created by this facility, in the judgment of the slips, basins, storage places, transportation facility or terminal Compact. Authority, is required for the sheds, warehouses, and every facility, or commerce facility or sound economic development means or vehicle of transporta- development, or any part there- ARTICLE IV of the area; and tion now or hereafter in use for of, as well as for the operation, ESTABLISHMENT OF (c) The planning, financing, the transportation of persons maintenance, and improvement AGENCY; PURPOSES development, construction,
36 Public Law 101-565-Nov. 15, 1990 Delaware-New Jersey Compact Amendments
purchase, lease, maintenance, of whom shall be residents of be binding or effective unless make appropriate orders to car- improvement, and operation of and qualified to vote in and shall taken at a meeting at which at ry out and discharge its powers, any commerce facility or devel- be appointed from the State of least four Commissioners from duties, and functions, but no opment within the State of Del- Delaware, and six of whom shall each State are present, and un- bylaw or rule, regulation, or or- aware or the New Jersey coun- be residents of and qualified to less at fo from each State shall der shall take effect until it has ties of Cape May, Cumberland, vote in and shall be appointed vote in favor thereof. The vote of been filed with the Secretary of Gloucester, and Salem, which in from the State of New Jersey; any one or more of the Commis- State of each State or in such the judgment of the Authority is not more than three of the Com- sioners from each State shall be other manner in each State as required for the sound econom- missioners of each State shall subject to cancellation by the may be provided by the law ic development of the area; and be of the same political party; Governor of such State at any thereof. In the establishment of (d) The performance of such the Commissioners for each time within 10 days (Saturdays, rules, regulations, and orders other functions as may be here- State shall be appointed in the Sundays, and public holidays in current action by the two States after entrusted to the Author- manner fixed and determined the particular State excepted) with respect to the enactment, ity by concurrent legislation from time to time by the law of after receipt at the Governor’s repeal, or amendment of any expressly in implementation each office of a certified copy of the law or rule of court on the sub- hereof. State respectively. Each minutes of the meeting at which ject of condemnation under The Authority shall not un- Commissioner shall hold office such vote was taken. Each which the dertake any major project or for a term of five years, and until State may provide by law for Authority may proceed by virtue part thereof without having first his successor shall have been the manner of delivery of such of this Article. secured such approvals as may appointed and qualified, but the minutes and for notification of If the established grade of be required by legislation of the terms of the first Commission- the action thereon. any street, avenue, highway, or State in which the project is to ers shall be so designated that other route shall be changed be located. the term of at least one Com- ARTICLE VII GENERAL POW- by reason of the construction The Authority shall not under- missioner from each State shall ERS by the Authority of any work take any major project, or part expire each year. All terms shall For the effectuation of its au- so as to cause loss or injury to thereof to be located in the Del- run to the first day of July. Any thorized purposes, the Authority any property abutting on such aware River or Bay, including, vacancy, however created, shall is hereby granted the following street, avenue, highway, or oth- without limitation, any deep- be filled for the unexpired term powers: er route, the Authority may enter water port or superport, without only. Any Commissioner may be (a) To have perpetual succes- into voluntary agreements with having first secured approval suspended or removed from of- sion. such abutting property owners thereof by concurrent legislation fice as provided by law of the (b) To adopt and use an offi- and pay reasonable compen- of the two States expressly in State from which he shall be ap- cial seal. sation for any loss or injury implementation thereof. pointed. (c) To elect a chairman and so sustained, whether or The Authority shall not un- Commissioners shall be en- a vice chairman from among not it be compensable dertake any major project or titled to reimbursement for nec- the Commissioners. The chair- as damages under part thereof without first giv- essary expenses to be paid only man and vice chairman shall the condem- ing public notice and holding a from revenues of the Authority be elected from different States nation law public hearing, if requested, on and may not receive any other and shall each hold office for of the any proposed major project, in compensation for services to two years. The chairmanship State. accordance with the law of the the Authority except such as and vice chairmanship shall State in which the major project may from time to time be au- be alternated between the two is to be located. Each State shall thorized from such revenues by States. provide by law for the time and concurrent legislation. (d) To adopt bylaws to gov- manner for the giving of such ern the conduct of its af- public notice, the requesting of ARTICLE VI fairs by the Board of a public hearing and the holding BOARD ACTION Commissioners, and of such public hearings. The Commissioners shall have it may adopt rules charge of the Authority’s prop- and regula- ARTICLE V erty and affairs and shall, for tions and COMMISSIONERS the purpose of doing business, may The Authority shall consist constitute a Board, but no ac- of twelve Commissioners, six tion of the Commissioners shall
37 Delaware-New Jersey Compact Amendments
security for the satisfaction ARTICLE XII are and will be in all respects of any other obligations as- SECURITIES LAWFUL INVEST- for the benefit of the people of sumed by it in connection with MENTS the States of Delaware and New such loans or advances. There The bonds or other securities Jersey, the region and Nation, shall be allocated to the cost of or obligations which may be is- for the increase of their com- the acquisition, construction, sued by the Authority pursuant merce and prosperity and for operation, maintenance, and to the Compact, or any amend- the enhancement of their gen- The power improvement of such facilities ments hereof or supplements eral welfare. To this end, the of the Author- and projects such proportion of hereto, are hereby declared to Authority shall be regarded as ity to acquire the general expenses of the Au- be negotiable instruments, and performing essential govern- property by con- thority as it shall deem properly are hereby made securities in mental functions in exercising demnation shall be a chargeable thereto. which all State and municipal such powers and functions and continuing power, and officers and bodies of each in carrying out the provisions of no exercise thereof shall be ARTICLE XI State, all banks, bankers, trust this Compact and of any law deemed to exhaust it. COVENANT WITH BOND- companies, savings banks, relating thereto, and shall not HOLDERS building and loan associations, be required to pay any taxes or ARTICLE X The two said States covenant saving and loan associations, assessments of any character, REVENUE AND APPLICATION and agree with each other and investment companies and levied by either State or political The Authority is hereby au- with the holders of any bonds other persons carrying on a subdivision thereof, upon any of thorized to establish, levy, and or other securities or obliga- banking business, all insurance the property used by it for such collect such tolls and other tions of the Authority, assumed, companies, insurance associa- purposes, or any income or rev- charges as it may deem nec- issued, or incurred by it and as tions and other persons carrying enue therefrom including any essary, proper, or desirable in security for which there may be on an insurance business and profit from a sale or exchange. connection with any crossing, pledged the tolls and revenues all administrators, executors, The bonds or other securities transportation, or terminal facil- or any part thereof of any cross- guardians, trustees, and other or obligations issued by the ity, commerce facility or devel- ing, transportation, or terminal fiduciaries and all other persons Authority, their transfer and the opment or other project which it facility, commerce facility or de- whatsoever who are now or may interest paid thereon or income is or may be authorized at any velopment or other project, that hereafter be authorized to invest therefrom, including any profit time to construct, own, operate, the two said States will not, so in bonds or other obligations of from a sale or exchange, shall or control, and the aggregate of long as any of such bonds or either State may properly and at all times be free from taxation said tolls and charges shall be other obligations remain out- legally invest any funds, includ- by either State or any subdivi- at least sufficient (1) to meet the standing and unpaid, dimin- ing capital, belonging to them sion thereof. combined expenses of opera- ish, or impair the power of the or within their control, and said tion, maintenance and improve- Authority to establish, levy, and obligations are hereby made se- ARTICLE XIV ment thereof, (2) to pay the cost collect tolls and other charges curities which may properly and JURISDICTION; USE OF of acquisition or construction, in connection therewith, and legally be deposited with and LANDS including the payment, amorti- that neither of the two said shall be received by any State Each of the two States hereby zation, and retirement of bonds States will, so long as any of or municipal officer or agency of consents to the use and oc- or other securities or obligations such bonds or other obligations either State for any purpose for cupancy by the Authority of assumed, issued, or incurred by remain outstanding and unpaid, which the deposit of bonds or any lands and property of the the Authority, together with in- authorize any crossing of the other obligations of such State Authority in such State for the terest thereon, and (3) to pro- Delaware River or Delaware Bay is now or may hereafter be au- construction, operation, main- vide reserves for such purpos- south of the line mentioned in thorized. tenance or improvement of any es; and the Authority is hereby Article IV(a) of this Compact by crossing, transportation, or ter- authorized and empowered, any person or body other than ARTICLE XIII minal facility, commerce facility subject to prior pledges, if any, the Authority, unless, in either TAX STATUS or development, or other project to pledge such tolls and other case, adequate provision shall The powers and functions exer- which it is or may be revenues or any part thereof as be made by law for the protec- cised by the Authority under this authorized at any time to con- security for the repayment with tion of those advancing money Compact and any amendments struct, own, or operate, includ- interest of any moneys bor- upon such obligations. hereof or supplements hereto ing lands lying under water. rowed by it or advanced to it for its authorized purposes and as
38 Delaware-New Jersey Compact Amendments
ARTICLE XV going, in connection with the business under the laws of reports to the Governors and REVIEW AND ENFORCEMENT acquisition, planning, rehabilita- either State are authorized Legislatures of the State of OF RULES tion, construction or develop- to give security for the safe- Delaware and the State of New Judicial proceedings to re- ment of any project, other than keeping and prompt payment Jersey, setting forth in detail its view any bylaw, rule, regula- a crossing, and to enter into an of moneys of the Authority operations and transactions, tion, order, or other action of the agreement or agreements, sub- deposited by it with them, in and may make such additional Authority or to determine the ject to compliance such manner and form as reports from time to time to the meaning or effect thereof may with the laws of the State in may be required by and may Governors and Legislatures as be brought in such court of each which the project is to be locat- be approved by the Authority, it may deem desirable. State, and pursuant to such law ed, with each of the States, which security may consist of It shall, at least annually, or rules thereof, as a similar or any political subdivision a good and sufficient under- cause an independent audit of proceeding with respect to any thereof, and with any municipal- taking with such sureties as its fiscal affairs to be made, and agency of such State might be ity, county, local government, may be approved by the Au- shall furnish a copy of such au- brought. agency, public authority, or thority, or may consist of the dit report together with such ad- Each State may provide by commission or with two or more deposit with the Authority or ditional information or data with law what penalty or penalties of them, for or relating to other depository approved by respect to its affairs as it may shall be imposed for violation of such purposes. the Authority as collateral of deem desirable to the Gover- any lawful rule, regulation, or or- (c) The Authority and the city, such securities as the Author- nors and Legislatures of each der of the Authority, and, by law town, municipality, or other po- ity may approve. State. It shall furnish such infor- or rule of court, for the manner litical subdivision in which any mation or data with respect to of enforcing the same. project, other than a crossing, ARTICLE XIX its affairs as may be requested is to be located are hereby au- AGENCY POLICE by the Governor or Legislature ARTICLE XVI thorized and empowers, subject Members of the police force of each State. NO PLEDGE OF CREDIT to compliance with the laws of established by the Authority, The Authority shall have no the State in which the project is regardless of their residence, ARTICLE XXI power to pledge the credit or to to be located, to enter into an shall have in each State, on BOUNDARIES create any debt or liability of the agreement or agreements to the crossings, transportation UNAFFECTED State of Delaware, of the State provide which local laws, reso- or terminal facilities, com- The existing territorial or bound- of New Jersey or of any other lutions, ordinances, rules, and merce facilities or develop- ary lines of the States or the ju- agency or of any political subdi- regulations, if any, of the city, ments and other projects risdiction of the two States es- vision of said States. town, municipality, or other po- and the approaches thereto, tablished by said boundary lines litical subdivision affected by owned, operated, or con- shall not be changed hereby. ARTICLE XVII such project shall apply to such trolled by the Authority, and LOCAL COOPERATION AND project. All other existing local at such other places and un- AGREEMENTS laws, resolutions, ordinances or der such circumstances as (a) All municipalities, political rules and regulations not provid- the law of each State may subdivisions, and every depart- ed for in the agreement shall be provide, all the powers of in- ment, agency, or public body of applicable to the project, other vestigation, detention, and each of the States are hereby than a crossing. All local laws, arrest conferred by law on authorized and empowered to resolutions, ordinances or rules peace officers, sheriffs, or cooperate with, aid and assist and regulations enacted after constables in such State or the Authority in effectuating the the date of the agreement shall usually exercised by such of- provisions of this Compact and not be applicable to such proj- ficers in each State. of any amendment hereof or ects unless made applicable by supplement hereto. the agreement or any modifica- ARTICLE XX (b) The Authority is authorized tion thereto. REPORTS AND and empowered to cooperate AUDITS with each of the States, or any ARTICLE XVIII The Authority political subdivision thereof, and DEPOSITARIES shall make with any municipality, local gov- All banks, bankers, trust com- annual ernment, agency, public author- panies, savings banks and other ity or commission of the fore- persons carrying on a banking
39 Delaware-New Jersey Compact Amendments
fect on January 1, 1989), shall of Delaware, by and through its River and Bay Authority of other be subject to the same limita- State highway department, to functions, as contemplated by tions, requirements, proce- construct, maintain, and oper- Article IV, paragraph (d) of the dures, and appeals as apply to ate a toll bridge across the Dela- compact set forth in section 1 any other person under the Del- ware River near Wilmington, or for the assumption by the Au- aware Coastal Zone Act, Chap- Delaware approved July 13, thority of additional powers, as ter 70 of Title 7 of the Delaware 1946 (60 Stat. 533), as amended contemplated by Article VIII of Code, as in effect on January 1, by the Act of June 27, 1951 (65 such compact. 1989. Nothing in this Compact Stat. 91) and the Act of October shall be deemed to pre-empt, 3, 1962 (76 Stat. 741–742), is SEC. 6. DISCLOSURE OF IN- modify, or supersede any pro- amended— FORMATION. ARTICLE XXII vision of the Delaware Coastal (1) by striking and at the end The right is reserved to the ENVIRONMENTAL Zone Act, Chapter 70 of Title of paragraph (3); Congress or any of its stand- PROTECTION 7 of the Delaware Code, as in (2) by striking the period at the ing committees to require of the (a) The planning, development, effect on January 1, 1989. The end of paragraph (4) and insert- Delaware River and Bay Author- construction, and operation of interpretation and application ing ;and; and ity the disclosure and furnishing any project, other than a cross- of this paragraph shall be gov- (3) by adding after paragraph of such information and data ing, shall comply with all envi- erned by the laws of the State of (4) the following: as is deemed appropriate by ronmental protection laws, reg- Delaware and be determined by (5) to pay the cost of any project the Congress or any committee ulations, directives, and orders, the courts of the State of Dela- which the Delaware River and thereof having jurisdiction of the including, without limitation, any ware. Bay Authority is or may be au- subject matter of this resolution. coastal zone laws, wetlands (d) The planning, develop- thorized to construct, own, op- laws, or subaqueous land laws ment, construction, and opera- erate, or control, under the Del- SEC. 7. RESERVATION BY THE or natural resources laws, now tion of any project, other than a aware-New Jersey Compact, as CONGRESS. or hereinafter enacted, or pro- crossing, located in New Jersey, consented to by the Congress.. The right to alter, amend, or mulgated by the State in which shall be subject to the provi- repeal this joint resolution is ex- the project, or any part thereof, sions of New Jersey law, when SEC. 4. REQUIREMENTS OF pressly reserved. is located. applicable, including but not OTHER LAWS. (b) The planning, develop- limited to the Wetlands Act of In addition to any other re- Approved November 15, 1990. ment, construction, and opera- 1970, N.J.S.A. 13:9A-1, et seq. quirement of law, any project LEGISLATIVE HISTORY—H.J. tion of any project, other than And the Coastal Area facility constructed by the Delaware Res. 657 (S.J. Res 373). a crossing, to be located in the Review Act, N.J.S.A. 13:19-1, et River and Bay Authority in and Delaware River and Bay shall seq. over the navigable waters of the HOUSE REPORTS: No. 101– comply with all environmental United States shall be subject 905 (Comm. on the Judiciary). protection laws, regulations, di- SEC. 2. FEDERAL JURISDIC- to the procedural requirements rectives, and orders, including, TION NOT AFFECTED. of section 2(a) of the Fish and CONGRESSIONAL RECORD, without limitation, any coastal Nothing contained in the Wildlife Coordination Act (16 Vol. 136 (1990): zone laws, wetlands laws, sub- compact set forth in section 1 U.S.C. 662(a)). oct. 22, considered aqueous land laws or natural shall be construed as impairing and passed House. resource laws now or hereinaf- or in any manner affecting any SEC. 5. CONSTRUCTION. oct. 23, considered ter enacted or promulgated by right or jurisdiction of the Un- Nothing in this resolution shall and passed Senate. either State. tied States in and over the area be construed as— (c) The planning, de- which forms the subject of such (1) amending or superseding velopment, construction, and compact. the provisions of the Act of Sep- operation of any project, other tember 27, than a crossing, located in the SEC. 3. AUTHORITY FOR AD- 1961 (75 Stat. 688); or coastal zone of Delaware (as DITIONAL TOLL BRIDGES. (2) granting advance con- defined in Chapter 70 of Title 7 Section 4 of the Act entitled sent of Congress for the per- of the Delaware Code, as in ef- An Act to authorize the State formance by the Delaware
40 41
y authority delaware river and ba
delAware River and Bay Authority PO Box 71 New Castle, DE 19720 www.drba.net