N.J. Stat. tit. 32, ch. 22B

in effect

N.J. Stat. § 32:22B-1 Tri-State Transportation Compact

The State of New Jersey hereby agrees with the States of Connecticut and New York, upon enactment by each of them of legislation having the same effect as this section, to the following compact: L.1965, c. 12, s. 1.

N.J. Stat. § 32:22B-2 Establishment of tri-state regional planning commission

The party states, for the purposes of a. continuing the regional transportation and related land use studies commenced by the Tri-State Transportation Committee and Commission, b. expanding the role of the commission to embrace responsibility for comprehensive planning for the compact region, and c. assuring the continued qualification of the party states for Federal funds from the the United States Departments of Transportation and Housing and Urban Development and other related Federal sources, do hereby establish and create the Tri-State Regional Planning Commission. L.1965, c. 12, s. 1. Amended by L.1971, c. 161, s. 2.

N.J. Stat. § 32:22B-3 Transfer of personnel, files, etc. of tri-state transportation commission to tri-state regional planning commission

There is hereby transferred to the commission all of the personnel and employees and all of the studies, files, books, papers, records, equipment and other property of the Tri-State Transportation Commission. L.1965, c. 12, s. 1. Amended by L.1971, c. 161, s. 3.

N.J. Stat. § 32:22B-4 Commission as interstate body, corporate and politic, serving as common agency

The commission shall be an interstate body, both corporate and politic serving as a common agency of the party States and representing them both collectively and individually in the exercise of its powers and duties. L.1965, c. 12, s. 1.

N.J. Stat. § 32:22B-5 Membership; apportionment; organization; compensation

(a) The commission shall be composed of members representing the party states, the city of New York and the Federal Government apportioned as follows: (1) Five representatives from each of the party states; provided, however, in the case of the State of New York, one of the representatives shall be the chairman of the planning commission of the city of New York; and (2) To the extent consistent with Federal law and policies of the Federal agencies involved, an officer or employee of the Federal Government representing the Departments of Housing and Urban Development, Transportation and such other departments or agencies of the Federal Government the policies of which significantly relate to the activities of the commission, provided, however, that such representatives of the Federal Government shall not be entitled to vote on any action of the commission but may attend and otherwise participate in commission meetings and may make recommendations to the commission. The representatives of the party states shall be appointed in such manner as shall be specified by the laws of the respective states; provided, however, the chairman of the planning commission of the city of New York shall be a member by virtue of and so long as he shall hold such office. The Federal representatives shall be appointed by the officer or officers having the power to appoint them to the Federal offices they then hold. Each member shall hold office at the pleasure of the appointing authority. The commission shall elect a chairman from among its members. (b) The commission's functions shall be performed and carried out by its members, advisory committees and panels representative of citizens and political subdivisions and other governmental agencies in the compact region as may be established by the commission, and by such officers, agents and employees as may be appointed by the commission, subject to its direction and control. All such officers, agents and employees shall hold office at the pleasure of the commission, which shall prescribe their powers, duties and qualifications and fix their compensation and other terms of their employment. (c) A quorum of the commission for the purpose of transacting business at any commission meeting shall exist only when there are present, in person, at least three members from each of the party states. No action of the commission shall be effective or binding unless a majority of each party state's representatives who are present at such commission meeting shall vote in favor thereof. Certified copies of the minutes of each commission meeting shall be sent to each of the Governors of the party states within 10 days of said meeting. The vote of any one or more of the representatives from each party state may be vetoed and canceled by the Governor of any such state within 10 days, Saturdays, Sundays and legal holidays of the particular state excepted, after receipt by the said Governor of the certified copy of the minutes of the meeting at which such vote was cast, the intent being to empower the Governor of each party state to nullify the commission's action upon which such vote had been taken. (d) The members of the commission shall receive no compensation for their services pursuant to this compact but they shall be entitled to be paid the expenses actually and necessarily incurred by them in the performance of their duties. (e) No member of the commission who is otherwise a public officer or employee shall suffer a forfeiture of his office or employment, or any loss or diminution in the rights and privileges appertaining thereto, by reason of such membership. L.1965, c. 12, s. 1. Amended by L.1971, c. 161, s. 4.

N.J. Stat. § 32:22B-6 Function of commission

(a) The function of the commission shall be to act as an official comprehensive planning agency of the party states for the compact region. It shall conduct surveys, make studies, submit recommendations and prepare plans designed to aid in solving immediate and long-range problems, including but not limited to plans for development of land, housing, transportation and other public facilities. The commission shall not engage in or undertake any functions related to the operation of transportation, housing or other public facilities except that it may engage in experimental projects relating to any matters under its consideration including mass transportation demonstration projects financed as provided in Article IV of this compact. (b) The commission shall also act as a liaison to encourage coordination among and between all agencies and entities, governmental and private, charged with or having a substantial interest in the planning or providing of transportation and other public or private facilities within any part of the compact region, or in the regulation of such facilities or of their services, or in the solving of problems connected with land development. In furtherance of this function, the commission shall, through advisory committees or panels, provide for the representation and participation of officials of political subdivisions and other governmental agencies in the compact region in the development of policies, plans and programs and shall report to the party states on the regional implications of any development plans or programs proposed by any such agency or entity. L.1965, c. 12, s. 1. Amended by L.1971, c. 161, s. 5.

N.J. Stat. § 32:22B-7 Powers and duties

(a) The commission shall have power to adopt a corporate seal and to enter into contracts. (b) The commission shall have power to apply for and receive and accept grants of property, money and services and other assistance offered or made available to it by any person, government, or agency whatever, which it may use to meet necessary expenses and for any other use within the scope of its functions, and to negotiate for the same upon such terms and conditions as may be necessary or advisable. (c) The commission shall have power to hire, lease, acquire and dispose of property to the extent necessary to carry out its functions, powers and duties as the same may be constituted from time to time. (d) Without diminution of its general power to contract, the commission shall have power to contract with any government or agency whatever, including the respective departments of the party states, for the performance of services by the commission which relate to its functions, powers and duties, and to accept compensation or reimbursement therefor. (e) The commission shall have power to expend, or to authorize the expenditure of, funds appropriated to it or for its purposes by the party states, but such expenditures shall at all times be within the terms of an annual budget to be adopted by the commission, by resolution, in advance of each fiscal period of the commission, which budget may be amended or modified from time to time. Each of the party states reserves the right to require such audit or audits as such state may from time to time consider proper. (f) The commission shall have such additional powers incidental to the express powers granted to it by this compact, as may be necessary or proper for the effective performance of its functions. L.1965, c. 12, s. 1. Amended by L.1971, c. 161, s. 6.

N.J. Stat. § 32:22B-8 Use of existing information; duty of governmental agencies to furnish information; service on advisory committees

To avoid duplication of effort and in the interests of economy, the commission shall make use of existing studies, surveys, plans, data and other materials in the possession of the governmental agencies of the party states and their respective political subdivisions. Each such agency is hereby authorized to make such materials available to the commission and otherwise to assist it in the performance of its functions. At the request of the commission, each such agency which is engaged in land use or development planning, or which is charged with the duty of providing or regulating any transportation facility or any other public facility, is further authorized to provide the commission with information regarding its plans and programs affecting the compact region so that the commission may have available to it current information with respect thereto. The officers and personnel of such agencies, and of any other government or agency whatever, may serve at the request of the commission upon such advisory committees and panels as the commission shall determine to create; and such officers and personnel may serve upon such committees and panels without forfeiture of office or employment and with no loss or diminution in the status, rights and privileges which they otherwise enjoy. L.1965, c. 12, s. 1. Amended by L.1971, c. 161, s. 7.

N.J. Stat. § 32:22B-9 Apportionment of costs and expenses

Subject to the availability of funds appropriated pursuant to the applicable laws of the respective party states, the cost and expense of supporting, administering and operating the activities of the commission shall be apportioned among the party States in the ratio of 10% for the State of Connecticut, 45% for the State of New Jersey and 45% for the State of New York except with regard to mass transportation demonstration or experimental projects. In the case of a mass transportation demonstration or experimental project, all expenses for and related thereto, but not inclusive of the cost and expense of supporting, administering and operating the commission, and less any Federal aid or other contributions received therefor, shall be for the account of the party state in which any such project is conducted and shall be paid out of appropriations made available by such party state. L.1965, c. 12, s. 1. Amended by L.1971, c. 161, s. 8.

N.J. Stat. § 32:22B-10 Acceptance of advances; prohibition against borrowing; expenditures

The commission may accept advances from one or more of the party States or from the Federal Government; but it may not otherwise borrow money nor may it issue notes or bonds. It shall not incur any obligation in excess of the amounts appropriated or otherwise available to it or for its purposes and each of its expenditures shall be within the terms of the annual budget hereinbefore mentioned. L.1965, c. 12, s. 1.

N.J. Stat. § 32:22B-11 Sovereign immunity; limitation on pledging credit or imposing liability on party states

The commission is declared to be an instrumentality of the party States exercising a governmental function. It shall enjoy the sovereign immunity of the party States and may not be sued in any court or tribunal whatsoever; nor shall it have the power to pledge the credit of the party States or any of them, or to impose any liability upon them, or any one of them, directly or indirectly, either by tort, contract or otherwise. L.1965, c. 12, s. 1.

N.J. Stat. § 32:22B-12 Annual report, periodic financial reports

The commission shall report annually to the Governors and Legislatures of the party States with respect to its operations and finances and shall provide such financial reports as shall be required from time to time under the laws of the party States. L.1965, c. 12, s. 1.

N.J. Stat. § 32:22B-13 Definitions

For the purpose of this compact, unless the context plainly requires a different meaning: (a) "Party state" means the States of Connecticut, New Jersey and New York; (b) "Commission" means the Tri-State Regional Planning Commission created and established by this compact; (c) "Concurrent legislation" means a statute enacted by one of the party states which is concurred in by the other party states in the form of enactments having like effect; and (d) "Compact region" means the geographical area described as follows: the counties of Rockland, Orange, Dutchess, Putnam, Westchester, Nassau, Suffolk, New York, Kings, Queens, Bronx and Richmond in the State of New York; the counties of Bergen, Essex, Hudson, Middlesex, Monmouth, Morris, Passaic, Somerset and Union in the State of New Jersey; and the South Western, Housatonic Valley, Greater Bridgeport, Valley, South Central Connecticut and Central Naugatuck Valley planning regions in the State of Connecticut. Such area may be enlarged or reduced by concurrent legislation hereafter enacted. L.1965, c. 12, s. 1. Amended by L.1971, c. 161, s. 9.

N.J. Stat. § 32:22B-14 Liberal construction

This compact shall be construed liberally to effectuate its purposes. Nothing herein shall be deemed in any way to limit or restrict the power of one or more of the party States, by law or otherwise, to deal independently with respect to any matter within the scope of this compact. L.1965, c. 12, s. 1.

N.J. Stat. § 32:22B-15 Duration of commission

The commission shall continue in existence until revoked by one or more of the party states. L.1965, c. 12, s. 1. Amended by L.1969, c. 11, s. 1, eff. April 2, 1969; L.1970, c. 14, s. 1; L.1970, c. 50, s. 1; L.1971, c. 161, s. 10.

N.J. Stat. § 32:22B-16 Adoption of amendments and supplements

Amendments and supplements to this compact to implement the purposes thereof may be adopted by concurrent legislation of the party States. L.1965, c. 12, s. 1.

N.J. Stat. § 32:22B-17 Partial invalidity

If any part or provision of this compact or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact or the application thereof to other persons or circumstances, and the party States hereby declare that they would have entered into this compact or the remainder thereof had the invalidity of such provision or application thereof been apparent. L.1965, c. 12, s. 1.

N.J. Stat. § 32:22B-18 Citation of compact

This compact shall be known and may be cited as the Tri-State Regional Planning Compact. L.1965, c. 12, s. 1. Amended by L.1971, c. 161, s. 11.

N.J. Stat. § 32:22B-19 New Jersey representatives; terms of public members; vacancies

The five representatives from this State on the Tri-State Regional Planning Commission shall consist of the State Transportation Commissioner or his designated representative, the Commissioner of Community Affairs or his designated representative, and three public members appointed by the Governor with the advice and consent of the Senate. Two of the three appointed members shall be chosen from among the members of county boards of freeholders or mayors of municipalities in the compact region. The appointed members shall be appointed for terms of 2 years and until their successors shall have been appointed and qualify. Any vacancy in the office of an appointed member shall be filled for the unexpired term only in the same manner as the original appointment. L.1965, c. 12, s. 2. Amended by L.1971, c. 161, s. 12.

N.J. Stat. § 32:22B-20 Effective date

This act shall take effect upon the enactment, on or before July 1, 1965, by each of the States of Connecticut and New York of legislation having like effect as section 1 hereof. L.1965, c. 12, s. 3.

N.J. Stat. § 32:22B-21 Severability.

If any part or provision of this act or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this act or the application thereof to other persons or circumstances and the 2 States hereby declare that they would have entered into this act or the remainder thereof had the invalidity of such provision or application thereof been apparent. L.1956, c. 194, p. 722, s. 8.

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