Bill Text: NJ A3347 | 2014-2015 | Regular Session | Introduced
Bill Title: Reforms bi-state transportation authorities.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-06-05 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A3347 Detail]
Download: New_Jersey-2014-A3347-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Reforms bi-state transportation authorities.
CURRENT VERSION OF TEXT
As introduced.
An Act reforming the operations and practices of certain bi-state authorities, amending P.L.1991, c.395 and P.L.2003, c.192, and supplementing Title 32 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Governor is authorized to enter into a supplemental compact or agreement, on behalf of the State of New Jersey, with the State of New York amending the compact of April 30, 1921, between the states of New York and New Jersey, as amended and supplemented, creating the Port Authority of New York and New Jersey as set forth in sections 2 through 12 of P.L. , c. (C. ) (pending before the legislature as this bill).
2. Section 3 of P.L.1991, c.395 (C.32:1-6.3) is amended to read as follows:
3. a. Notwithstanding the provision of any other law to the contrary, all meetings of the board are declared to be public meetings and shall be open to the public and members of the news media, individually and collectively, for the purpose of observing the full details of all phases of the deliberation, policy-making, and decision-making of the board.
b. The board shall adopt [and promulgate] , within six months of the effective date of P.L. ,c. (C. ) (pending before the Legislature as this bill), appropriate rules and regulations concerning proper notice to the public and the news media of its meetings and the right of the public and the news media to be present at meetings of the authority. The rules and regulations adopted pursuant to this section shall provide for the same notice and right of the public and news media to be present, as well as any other rights and duties as are provided in the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), of New Jersey and the "Open Meetings Law" (Public Officers Law, Article 7) of New York. To the extent these laws conflict, the board shall incorporate into the rules and regulations the provisions of that law which provide for the greatest rights to the public and the news media. The board may incorporate in its rules and regulations conditions under which it may exclude the public from a meeting or a portion thereof.
(cf: P.L.1991, c.395, s.3)
3. (New section) In order to ensure that the port authority operates in an efficient, transparent, and ethical manner, the board of commissioners of the port authority shall:
a. Establish written policies and guidelines concerning personnel matters including, but not limited to, job descriptions, job qualifications, hiring practices, and compensation; and consistent with section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) protecting employees from retaliation for disclosing information concerning acts of wrongdoing, misconduct, malfeasance, or other inappropriate behavior by an employee or board member of the port authority, investments, travel, the acquisition of real property and the disposition of real and personal property and the procurement of goods and services;
b. Maintain a website where notice of the meetings, agendas, and minutes of the board of commissioners are posted;
c. Establish written policies consistent with the provisions of sections 6 and 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning conflict of interest disclosures;
d. Establish an audit committee to be comprised of not less than three board members, who shall constitute a majority of the committee, and who shall possess the necessary skills to undertake the duties and functions of the audit committee. Members of the audit committee shall be familiar with corporate financial and accounting practices. The committee shall recommend to the board the hiring of a certified independent accounting firm to audit the port authority, establish the compensation to be paid to the accounting firm, and provide direct oversight of the performance of the independent audit performed by the accounting firm;
e. Require the port authority's senior management to annually review the port authority's operations with the specific goal of identifying waste and inefficiencies and take appropriate remedial steps which shall be reported to the governor, the state comptroller, and the legislatures of each state; and
f. Establish policies setting forth procedures to be followed for public advertising for bids for all procurement contracts to be awarded by the port authority consistent with the provisions of sections 10 and 11 of P.L. , c. (C. ) (pending before the Legislature as this bill). The policies shall ensure that potential interested and qualified bidders receive appropriate notice of the proposed contract and a fair opportunity to seek award of the contract, and include a requirement that advertisements be placed in appropriate publications and be posted on the port authority's website.
4. (New section) a. Each member of the port authority's board of commissioners shall perform each of their duties as board members, including but not limited to, those imposed by this section, in good faith and with that degree of diligence, care, and skill which an ordinarily prudent person in like position would use under similar circumstances, and may take into consideration the views and policies of any elected official or body, or other person and ultimately apply independent judgment;
b. At the time that each member takes and subscribes the member's oath of office, or within 60 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) if the member has already taken and subscribed the member's oath of office, execute an acknowledgement in which the board member acknowledges that the member understands the member's role, and fiduciary responsibilities as set forth in subsection a. of this section, and acknowledges that the member understands the member's duty of loyalty and care to the organization and commitment to the authority's mission and the public interest.
5. (New section) a. For the purposes of this section, "whistleblower" means any employee of the port authority who discloses information concerning acts of wrongdoing, misconduct, malfeasance, or other inappropriate behavior by an employee or board member of the port authority, concerning the port authority's investments, travel, acquisition of real or personal property, the disposition of real or personal property, and the procurement of goods and services.
b. The port authority shall develop a whistleblower access and assistance program which shall include, but not be limited to:
(1) establishing toll-free telephone and facsimile lines available to employees;
(2) offering advice regarding employee rights under applicable state and federal laws and advice and options available to all persons; and
(3) offering an opportunity for employees to identify concerns regarding any issue at the port authority.
6. (New section) a. Each member of the port authority board of commissioners shall report to the port authority's general counsel and to the state comptroller and state auditor in both the State of New York and the State of New Jersey:
(1) on an annual basis, any outside business dealings with the port authority during the previous year by the member of the board of commissioners, or the member's employer, business, or relative;
(2) if any business that the member of the board of the commissioners has an interest in, has a contractual or employment relationship with the port authority; and
(3) if any business employed by or contracted with the port authority establishes a relationship with any business that a member of the board of commissioners has an interest in within two years of the date that the business enters into an employment or contractual relationship with the port authority.
b. Each member of the port authority's senior management shall report on an annual basis to the port authority's general counsel and to the state comptroller and the state auditor in both the State of New York and the State of New Jersey any outside business dealings with the port authority during the previous year by the senior manager of the port authority or the senior member's relative.
7. (New section) a. A member of the port authority board of commissioners shall not vote on any agenda item, or participate in any preliminary discussions or meetings on any agenda item with other members of the board of commissioners or senior management, if the board member, a member of the board member's immediate family, or a business organization in which the board member has an interest, has a direct or indirect financial involvement that may reasonably be expected to impair the board member's objectivity or independence of judgment or to create the appearance of impropriety. A board member shall clearly indicate the board member's recusal from voting on an agenda item and the minutes shall clearly reflect that recusal.
b. Prior to the vote on any agenda item, about which a member of the board of commissioners is to be recused from voting, the member shall report the conflict to the port authority's general counsel and to the state comptroller and state auditor in both the State of New York and the State of New Jersey.
8. (New section) a. The port authority shall annually prepare a comprehensive report concerning the port authority's operations. The report shall set forth the significant actions of the port authority from the previous year.
The report shall also include the port authority's financial statements and identify internal financial controls at the port authority that govern expenditures, financial reporting, procurement, and other financial matters and transactions.
b. The report shall contain a certification by the appropriate member of senior management that during the preceding year the port authority has, to the best of the member's knowledge, followed all of the port authority's standards, procedures, and internal financial controls. In the event that this certification is not warranted, the report shall set forth the manner in which internal and financial controls were not followed and a description of the corrective action to be taken by the port authority.
c. The report shall be submitted to the board of commissioners of the port authority for approval. Upon approval by the board of commissioners, a copy of the report shall be submitted to the governors and the legislatures in both the State of New York and the State of New Jersey, and posted on the port authority's website.
9. (New section) The port authority shall submit to the governor, the state comptroller, and the legislatures of each state, and shall post on the port authority website, the annual financial audit conducted by an independent certified public accounting firm and with oversight by an audit committee as provided for in subsection d. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The financial audit shall be submitted to the board of commissioners for its review.
The audit shall be accompanied by a written certification from the Chair and Vice-chair of the board and the Executive Director, Deputy Executive Director, and the Chief Financial Officer of the port authority, to the best of their knowledge, the financial information provided to the auditor in connection with the audit is accurate and fairly represents the financial condition and operational results of the port authority for the year being audited.
10. (New section) a. The port authority shall establish written procedures for the awarding of contracts for goods or non-professional services that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill). The procedures shall include measures to ensure equal opportunity for minority-owned, female-owned, and small business enterprises. The procedures shall prescribe the establishment of specifications and related information and the means by which the specifications and information shall be transmitted in written or electronic form to interested parties. The procedures shall provide that all bids or other responses to an advertised contract shall be submitted to the port authority in written or electronic form. In cases where the contract is to be awarded to the lowest responsible bidder, the bid shall be in writing and sealed until opened with all other bids.
b. Except as provided in subsection c. of this section, the port authority shall award a contract for goods or non-professional services to the lowest responsible bidder.
c. The port authority may award the contract to a bidder other than the lowest responsible bidder:
(1) If the contract price is below $25,000, provided that the port authority may not divide a contract into multiple proposed contracts in order to take advantage of this exception. When a contract price is below the $25,000 threshold, the port authority shall employ a modified competitive procurement process, including advertising and obtaining verbal or written price quotations, to the extent that this is feasible and economically appropriate. If the port authority invokes this exception, it is required to certify the procurement process that was used and that the contract was not divided into multiple proposed contracts in order to come under this exception. The port authority is required to maintain a record of the certification;
(2) In the case of an unforeseen life, safety, or health emergency where the public exigency requires that services or products be purchased immediately as demonstrated by a memorialized concurrence of three officials designated to make these determinations. This exception is limited to purchasing those services or products necessary to mitigate the emergency situation. The port authority shall make efforts to contract in advance for services or products for which a foreseeable need may arise in the event of an emergency;
(3) When there is only one vendor capable or available to provide the goods or services. Sole-source procurements may be made only in exceptional and necessary circumstances. If the port authority invokes this exception, a designated member of the port authority's senior management shall write, sign, and retain a memorandum justifying the awarding of a sole-source procurement contract;
(4) When a contract is with the federal government, or any state government, or any agency or political subdivision thereof; or
(5) When a firm has brought an innovative idea to the port authority, a request for proposals cannot be constructed without communicating the new idea, and the procurement would not benefit from a competitive selection process.
d. If the port authority awards a contract to a bidder other than the lowest responsible bidder, the port authority's executive director shall certify that circumstances warranted the application of the exception and the proposed resolution concerning the contract shall set forth the justification for invoking the exception.
11. (New section) a. The port authority shall establish written procedures that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) for the awarding of contracts for professional services or technical services. The procedures shall include efforts to ensure equal opportunity for minority-owned, female-owned, and small business enterprises. The procedures shall include steps to ensure that contract specifications do not establish a preference for a particular firm.
The procedures shall include a numerical, quantitative scoring process to evaluate proposals. The procedures shall require that the scoring process and the scoring factors be in writing.
b. The factors which may be used by the port authority as part of its scoring process include, but are not limited to, the following:
(1) the background, qualifications, skills, and experience of the firm and its staff;
(2) the firm's degree of expertise in the area of the proposal;
(3) the rate or price to be charged by the firm;
(4) the port authority's prior experience with the firm;
(5) the firm's familiarity with the work, requirements, and systems of the port authority;
(6) the firm's capacity to meet the requirements of the contract;
(7) the firm's references;
(8) interviews with prospective firms; and
(9) the geographic location of the firm's offices.
c. The port authority shall review its ongoing and open-ended professional services contracts and establish a timetable for periodic advertisement and re-evaluation of the contracts in accordance with this section.
d. Prior to the receipt of any proposals or qualifications concerning a professional services or technical services contract, the port authority shall establish a qualified evaluation committee to review and score submitted bids and proposals. The port authority shall screen each member of the committee for a conflict of interest or the appearance of a conflict of interest. A member of the board or a member of senior management shall not participate, either directly or indirectly, in the evaluation process if the member has a conflict of interest or there is an appearance of conflict of interest.
e. An analysis of relevant factors that lead to the decision to award a contract for professional services or technical services shall be memorialized, in summary form, in the port authority's resolution awarding the contract.
f. When professional services rendered in connection with bond sales, related financial instruments, and litigation matters are expected to be required on numerous occasions over a period of time, the procedures and criteria set forth in P.L. , c. (C. ) (pending before the Legislature as this bill) may be used to create a pool of prequalified potential providers of professional services for a term not to exceed two years. The purpose of establishing a pool shall be to aid rather than circumvent a genuine competitive process that ensures quality service at the best possible value.
Advertisements for applications for inclusion in the pool of prequalified providers of professional services shall set forth the basis on which members of the pool will be selected to perform particular services. The selection for a particular service may be based upon the price to be charged by the professional for that service, the relative strengths of the prequalified professionals for that particular service, a process of alternating professionals, or other fair and appropriate approaches.
12. (New section) Not more than 90 days prior to any vote or action taken by the board of commissioners relating to any increase in the tolls, fees, or charges for the use of any facility of the port authority, the port authority shall conduct at least 10 public hearings in the manner prescribed pursuant to this section.
a. (1) Not less than 30 days prior to adoption by the port authority of any increase in any fee, toll, charge, or fare for the use of the transportation facilities of the port authority, or not less than 15 days prior to adoption by the port authority of an amendment to the proposed fee, toll, charge, or fare increase, the board shall conduct at least 10 public hearings.
(2) Not less than one public hearing required pursuant to paragraph (1) of this subsection shall be conducted in each county in New York and New Jersey directly affected by the proposed fee, toll, charge, or fare increase, as determined by the board in consultation local and state officials.
b. Each public hearing shall be attended by at least two-thirds of the commissioners of the port authority then in office at the time of the hearing and no more than one public hearing shall be held in a single day.
c. At least one-half of the public hearings shall be scheduled to begin after 6:30 p.m., Eastern Standard Time, on a weekday.
13. (New section) The Governor is authorized to apply, on behalf of the State of New Jersey, to the Congress of the United States for its consent and approval to the amendments to this compact or agreement provided in sections 2 through 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), but in the absence of such consent and approval, the Port Authority of New York and New Jersey referred to in such supplemental compact or agreement shall have all of the powers which the State of New York and the State of New Jersey may confer upon it without the consent and approval of Congress.
14. (New section) The Governor is authorized to enter into a supplemental compact or agreement, on behalf of the State of New Jersey, with the Commonwealth of Pennsylvania supplementing the compact or agreement between the Commonwealth of Pennsylvania and the State of New Jersey entitled "Agreement Between the Commonwealth of Pennsylvania and the State of New Jersey creating the Delaware River Joint Commission as a body corporate and politic and defining its powers and duties," as set forth in sections 15 through 25 of P.L. , c. (C. ) (pending before the Legislature as this bill).
15. (New section) In order to ensure that the Delaware River Port Authority operates in an efficient, transparent, and ethical manner, the board of commissioners of the port authority shall:
a. Establish written policies and guidelines concerning personnel matters including, but not limited to, job descriptions, job qualifications, hiring practices, and compensation; and consistent with section 17 of P.L. , c. (C. ) (pending before the Legislature as this bill) protecting employees from retaliation for disclosing information concerning acts of wrongdoing, misconduct, malfeasance, or other inappropriate behavior by an employee or board member of the port authority, investments, travel, the acquisition of real property and the disposition of real and personal property and the procurement of goods and services;
b. Maintain a website where notice of the meetings, agendas, and minutes of the board of commissioners are posted;
c. Establish written policies consistent with the provisions of sections 18 and 19 of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning conflict of interest disclosures;
d. Establish an audit committee to be comprised of not less than three board members, who shall constitute a majority of the committee, and who shall possess the necessary skills to undertake the duties and functions of the audit committee. Members of the audit committee shall be familiar with corporate financial and accounting practices. The committee shall recommend to the board the hiring of a certified independent accounting firm to audit the port authority, establish the compensation to be paid to the accounting firm, and provide direct oversight of the performance of the independent audit performed by the accounting firm;
e. Require the port authority's senior management to annually review the port authority's operations with the specific goal of identifying waste and inefficiencies and take appropriate remedial steps which shall be reported to the governor, the state comptroller, and the legislatures of each state; and
f. Establish policies setting forth procedures to be followed for public advertising for bids for all procurement contracts to be awarded by the port authority consistent with the provisions of sections 22 and 23 of P.L. , c. (C. ) (pending before the Legislature as this bill). The policies shall ensure that potential interested and qualified bidders receive appropriate notice of the proposed contract and a fair opportunity to seek award of the contract, and include a requirement that advertisements be placed in appropriate publications and be posted on the port authority's website.
16. (New section) a. Each member of the Delaware River Port Authority's board of commissioners shall perform each of their duties as board members, including but not limited to, those imposed by this section, in good faith and with that degree of diligence, care, and skill which an ordinarily prudent person in like position would use under similar circumstances, and may take into consideration the views and policies of any elected official or body, or other person and ultimately apply independent judgment;
b. At the time that each member takes and subscribes the member's oath of office, or within 60 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) if the member has already taken and subscribed the member's oath of office, execute an acknowledgement in which the board member acknowledges that the member understands the member's role and fiduciary responsibilities as set forth in subsection a. of this section and acknowledges that the member understands the member's duty of loyalty and care to the organization and commitment to the authority's mission and the public interest.
17. (New section) a. For the purposes of this section, "whistleblower" means any employee of the Delaware River Port Authority who discloses information concerning acts of wrongdoing, misconduct, malfeasance, or other inappropriate behavior by an employee or board member of the port authority, concerning the port authority's investments, travel, acquisition of real or personal property, the disposition of real or personal property, and the procurement of goods and services.
b. The port authority shall develop a whistleblower access and assistance program which shall include, but not be limited to:
(1) establishing toll-free telephone and facsimile lines available to employees;
(2) offering advice regarding employee rights under applicable state and federal laws and advice and options available to all persons; and
(3) offering an opportunity for employees to identify concerns regarding any issue at the port authority.
18. (New section) a. Each member of the Delaware River Port Authority's board of commissioners shall report to the port authority's general counsel and to the state comptroller and state auditor in both the Commonwealth of Pennsylvania and the State of New Jersey:
(1) on an annual basis, any outside business dealings with the port authority during the previous year by the member of the board of commissioners or the member's employer, business, or relative;
(2) if any business that the member of the board of commissioners has an interest in has a contractual or employment relationship with the port authority; and
(3) if any business employed by or contracted with the port authority establishes a relationship with any business that a member of the board of commissioners has an interest in within two years of the date that the business enters into an employment or contractual relationship with the port authority.
b. Each member of the port authority's senior management shall report on an annual basis to the port authority's general counsel and to the state comptroller and the state auditor in both the Commonwealth of Pennsylvania and the State of New Jersey any outside business dealings with the port authority during the previous year by the senior manager of the port authority or the senior member's relative.
19. (New section) a. A member of the Delaware River Port Authority's board of commissioners shall not vote on any agenda item, or participate in any preliminary discussions or meetings on any agenda item with other members of the board of commissioners or senior management, if the board member, a member of the board member's immediate family, or a business in which the board member has an interest, has a direct or indirect financial involvement that may reasonably be expected to impair the board member's objectivity or independence of judgment or to create the appearance of impropriety. A board member shall clearly indicate the board member's recusal from voting on an agenda item and the minutes shall clearly reflect that recusal.
b. Prior to the vote on any agenda item, about which a member of the board of commissioners is to be recused from voting, the member shall report the conflict to the port authority's general counsel and to the state comptroller and state auditor in both the Commonwealth of Pennsylvania and the State of New Jersey.
20. (New section) a. The Delaware River Port Authority shall annually prepare a comprehensive report concerning the port authority's operations. The report shall set forth the significant actions of the port authority from the previous year.
The report shall also include the port authority's financial statements and identify internal financial controls at the port authority that govern expenditures, financial reporting, procurement, and other financial matters and transactions.
b. The report shall contain a certification by the appropriate member of senior management that during the preceding year the port authority has, to the best of the member's knowledge, followed all of the port authority's standards, procedures, and internal financial controls. In the event that this certification is not warranted, the report shall set forth the manner in which internal and financial controls were not followed and a description of the corrective action to be taken by the port authority.
c. The report shall be submitted to the board of commissioners of the port authority for approval. Upon approval by the board of commissioners, a copy of the report shall be submitted to the governors and the legislatures in both the Commonwealth of Pennsylvania and the State of New Jersey, and posted on the port authority's website.
21. (New section) The Delaware River Port Authority shall submit to the governor, the state comptroller, and the legislatures of each state, and shall post on the port authority website, the annual financial audit conducted by an independent certified public accounting firm and with oversight by an audit committee as provided for in subsection d. of section 15 of P.L. , c. (C. ) (pending before the Legislature as this bill). The financial audit shall be submitted to the board of commissioners for its review.
The audit shall be accompanied by a written certification from the Chair and Vice-chair of the board and the chief executive officer, deputy chief executive officer, and the chief financial officer of the port authority, to the best of their knowledge, the financial information provided to the auditor in connection with the audit is accurate and fairly represents the financial condition and operational results of the port authority for the year being audited.
22. (New section) a. The port authority shall establish written procedures for the awarding of contracts for goods or non-professional services that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill). The procedures shall include measures to ensure equal opportunity for minority-owned, female-owned, and small business enterprises. The procedures shall prescribe the establishment of specifications and related information and the means by which the specifications and information shall be transmitted in written or electronic form to interested parties. The procedures shall provide that all bids or other responses to an advertised contract shall be submitted to the port authority in written or electronic form. In cases where the contract is to be awarded to the lowest responsible bidder, the bid shall be in writing and sealed until opened with all other bids.
b. Except as provided in subsection c. of this section, the port authority shall award a contract for goods or non-professional services to the lowest responsible bidder.
c. The port authority may award the contract to a bidder other than the lowest responsible bidder:
(1) If the contract price is below $25,000, provided that the port authority may not divide a contract into multiple proposed contracts in order to take advantage of this exception. When a contract price is below the $25,000 threshold, the port authority shall employ a modified competitive procurement process, including advertising and obtaining verbal or written price quotations, to the extent that this is feasible and economically appropriate. If the port authority invokes this exception, it is required to certify the procurement process that was used and that the contract was not divided into multiple proposed contracts in order to come under this exception. The port authority is required to maintain a record of the certification;
(2) In the case of an unforeseen life, safety, or health emergency where the public exigency requires that services or products be purchased immediately as demonstrated by a memorialized concurrence of three officials designated to make these determinations. This exception is limited to purchasing those services or products necessary to mitigate the emergency situation. The port authority shall make efforts to contract in advance for services or products for which a foreseeable need may arise in the event of an emergency;
(3) When there is only one vendor capable or available to provide the goods or services. Sole-source procurements may be made only in exceptional and necessary circumstances. If the port authority invokes this exception, a designated member of the port authority's senior management shall write, sign, and retain a memorandum justifying the awarding of a sole-source procurement contract;
(4) When a contract is with the federal government, or any state government, or any agency or political subdivision thereof; or
(5) When a firm has brought an innovative idea to the port authority, a request for proposals cannot be constructed without communicating the new idea, and the procurement would not benefit from a competitive selection process.
d. If the port authority awards a contract to a bidder other than the lowest responsible bidder, the port authority's executive director shall certify that circumstances warranted the application of the exception and the proposed resolution concerning the contract shall set forth the justification for invoking the exception.
23. (New section) a. The port authority shall establish written procedures that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) for the awarding of contracts for professional services or technical services. The procedures shall include efforts to ensure equal opportunity for minority-owned, female-owned, and small business enterprises. The procedures shall include steps to ensure that contract specifications do not establish a preference for a particular firm.
The procedures shall include a numerical, quantitative scoring process to evaluate proposals. The procedures shall require that the scoring process and the scoring factors be in writing.
b. The factors which may be used by the port authority as part of its scoring process include, but are not limited to, the following:
(1) the background, qualifications, skills, and experience of the firm and its staff;
(2) the firm's degree of expertise in the area of the proposal;
(3) the rate or price to be charged by the firm;
(4) the port authority's prior experience with the firm;
(5) the firm's familiarity with the work, requirements, and systems of the port authority;
(6) the firm's capacity to meet the requirements of the contract;
(7) the firm's references;
(8) interviews with prospective firms; and
(9) the geographic location of the firm's offices.
c. The port authority shall review its ongoing and open-ended professional services contracts and establish a timetable for periodic advertisement and re-evaluation of the contracts in accordance with this section.
d. Prior to the receipt of any proposals or qualifications concerning a professional services or technical services contract, the port authority shall establish a qualified evaluation committee to review and score submitted bids and proposals. The port authority shall screen each member of the committee for a conflict of interest or the appearance of a conflict of interest. A member of the board or a member of senior management shall not participate, either directly or indirectly, in the evaluation process if the member has a conflict of interest or there is an appearance of conflict of interest.
e. An analysis of relevant factors that lead to the decision to award a contract for professional services or technical services shall be memorialized, in summary form, in the port authority's resolution awarding the contract.
f. When professional services rendered in connection with bond sales, related financial instruments, and litigation matters are expected to be required on numerous occasions over a period of time, the procedures and criteria set forth in P.L. , c. (C. ) (pending before the Legislature as this bill) may be used to create a pool of prequalified potential providers of professional services for a term not to exceed two years. The purpose of establishing a pool shall be to aid rather than circumvent a genuine competitive process that ensures quality service at the best possible value.
Advertisements for applications for inclusion in the pool of prequalified providers of professional services shall set forth the basis on which members of the pool will be selected to perform particular services. The selection for a particular service may be based upon the price to be charged by the professional for that service, the relative strengths of the prequalified professionals for that particular service, a process of alternating professionals, or other fair and appropriate approaches.
24. (New section) Not more than 90 days prior to any vote or action taken by the board of commissioners relating to any increase in the tolls, fees, or charges for the use of any facility of the port authority, the port authority shall conduct at least 10 public hearings in the manner prescribed pursuant to this section.
a. (1) Not less than 30 days prior to adoption by the port authority of any increase in any fee, toll, charge, or fare for the use of the transportation facilities of the port authority, or not less than 15 days prior to adoption by the port authority of an amendment to the proposed fee, toll, charge, or fare increase, the board shall conduct at least 10 public hearings.
(2) Not less than one public hearing required pursuant to paragraph (1) of this subsection shall be conducted in each county in Pennsylvania and New Jersey directly affected by the proposed fee, toll, charge, or fare increase, as determined by the board in consultation local and state officials.
b. Each public hearing shall be attended by at least two-thirds of the commissioners of the port authority then in office at the time of the hearing and no more than one public hearing shall be held in a single day.
c. At least one-half of the public hearings shall be scheduled to begin after 6:30 p.m., Eastern Standard Time, on a weekday.
25. (New section) The Governor is authorized to apply, on behalf of the State of New Jersey, to the Congress of the United States for its consent and approval to the amendments to this compact or agreement provided in sections 14 through 25 of P.L. , c. (C. ) (pending before the Legislature as this bill), but in the absence of such consent and approval, the Delaware River Joint Commission shall have all of the powers which the Commonwealth of Pennsylvania and the State of New Jersey may confer upon it without the consent and approval of Congress.
26. (New Section) The Governor is authorized to enter into a supplemental compact or agreement, on behalf of the State of New Jersey, with the State of Delaware supplementing the compact or agreement between the State of Delaware and the State of New Jersey known as the "Delaware-New Jersey Compact," as set forth in sections 27 through 38 of P.L. , c. (C. ) (pending before the legislature as this bill).
27. Section 2 of P.L.2003, c.192 (C.32:11E-1.10) is amended to read as follows:
2. [The authority shall revise its policies concerning open public records and open public meetings after undertaking a review of the current statutes in each of the two states in this regard. The authority shall adopt policies that reflect the more stringent standard as codified by the current law on this topic in either the State of Delaware or the State of New Jersey] a. Notwithstanding the provision of any other law to the contrary, all meetings of the Delaware River and Bay Authority board are declared to be public meetings and shall be open to the public and members of the news media, individually and collectively, for the purpose of observing the full details of all phases of the deliberation, policy-making, and decision-making of the board.
b. The board shall adopt , within six months of the effective date of P.L. ,c. (C. ) (pending before the Legislature as this bill), appropriate rules and regulations concerning proper notice to the public and the news media of its meetings and the right of the public and the news media to be present at meetings of the authority. The rules and regulations adopted pursuant to this section shall provide for the same notice and right of the public and news media to be present, as well as any other rights and duties as are provided in the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), of New Jersey and the Freedom of Information Act (Title 29, Chapter 100, Statutes 10001-10006) of Delaware. To the extent these laws conflict, the board shall incorporate into the rules and regulations the provisions of that law which provide for the greatest rights to the public and the news media. The board may incorporate in its rules and regulations conditions under which it may exclude the public from a meeting or a portion thereof.
(cf: P.L.2003, c.192, s.2)
28. (New section) In order to ensure that the Delaware River and Bay Authority operates in an efficient, transparent, and ethical manner, the board of commissioners of the authority shall:
a. Establish written policies and guidelines concerning personnel matters including, but not limited to, job descriptions, job qualifications, hiring practices, and compensation; and consistent with section 30 of P.L. , c. (C. ) (pending before the Legislature as this bill) protecting employees from retaliation for disclosing information concerning acts of wrongdoing, misconduct, malfeasance, or other inappropriate behavior by an employee or board member of the authority, investments, travel, the acquisition of real property and the disposition of real and personal property and the procurement of goods and services;
b. Maintain a website where notice of the meetings, agendas, and minutes of the board of commissioners are posted;
c. Establish written policies consistent with the provisions of sections 31 and 32 of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning conflict of interest disclosures;
d. Establish an audit committee to be comprised of not less than three board members, who shall constitute a majority of the committee, and who shall possess the necessary skills to undertake the duties and functions of the audit committee. Members of the audit committee shall be familiar with corporate financial and accounting practices. The committee shall recommend to the board the hiring of a certified independent accounting firm to audit the authority, establish the compensation to be paid to the accounting firm, and provide direct oversight of the performance of the independent audit performed by the accounting firm;
e. Require the authority's senior management to annually review the authority's operations with the specific goal of identifying waste and inefficiencies and take appropriate remedial steps which shall be reported to the governor, the state comptroller, and the legislatures of each state; and
f. Establish policies setting forth procedures to be followed for public advertising for bids for all procurement contracts to be awarded by the authority consistent with the provisions of sections 35 and 36 of P.L. , c. (C. ) (pending before the Legislature as this bill). The policies shall ensure that potential interested and qualified bidders receive appropriate notice of the proposed contract and a fair opportunity to seek award of the contract, and include a requirement that advertisements be placed in appropriate publications and be posted on the authority's website.
29. (New section) a. Each member of the Delaware River and Bay Authority's board of commissioners shall perform each of their duties as board members, including but not limited to, those imposed by this section, in good faith and with that degree of diligence, care, and skill which an ordinarily prudent person in like position would use under similar circumstances, and may take into consideration the views and policies of any elected official or body, or other person and ultimately apply independent judgment;
b. At the time that each member takes and subscribes the member's oath of office, or within 60 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) if the member has already taken and subscribed the member's oath of office, execute an acknowledgement in which the board member acknowledges that the member understands the member's role and fiduciary responsibilities as set forth in subsection a. of this section and acknowledges that the member understands the member's duty of loyalty and care to the organization and commitment to the authority's mission and the public interest.
30. (New section) a. For the purposes of this section, "whistleblower" means any employee of the Delaware River and Bay Authority who discloses information concerning acts of wrongdoing, misconduct, malfeasance, or other inappropriate behavior by an employee or board member of the authority, concerning the authority's investments, travel, acquisition of real or personal property, the disposition of real or personal property, and the procurement of goods and services.
b. The authority shall develop a whistleblower access and assistance program which shall include, but not be limited to:
(1) establishing toll-free telephone and facsimile lines available to employees;
(2) offering advice regarding employee rights under applicable state and federal laws and advice and options available to all persons; and
(3) offering an opportunity for employees to identify concerns regarding any issue at the authority.
31. (New section) a. Each member of the Delaware River and Bay Authority's board of commissioners shall report to the authority's general counsel and to the state comptroller and state auditor in both the State of Delaware and the State of New Jersey:
(1) on an annual basis, any outside business dealings with the authority during the previous year by the member of the board of commissioners or the member's employer, business, or relative;
(2) if any business that the member of the board of commissioners has an interest in has a contractual or employment relationship with the authority; and
(3) if any business employed by or contracted with the authority establishes a relationship with any business that a member of the board of commissioners has an interest in within two years of the date that the business enters into an employment or contractual relationship with the authority.
b. Each member of the authority's senior management shall report on an annual basis to the authority's general counsel and to the state comptroller and the state auditor in both the State of Delaware and the State of New Jersey any outside business dealings with the authority during the previous year by the senior manager of the authority or the senior member's relative.
32. (New section) a. A member of the Delaware River and Bay Authority's board of commissioners shall not vote on any agenda item, or participate in any preliminary discussions or meetings on any agenda item with other members of the board of commissioners or senior management, if the board member, a member of the board member's immediate family, or a business in which the board member has an interest, has a direct or indirect financial involvement that may reasonably be expected to impair the board member's objectivity or independence of judgment or to create the appearance of impropriety. A board member shall clearly indicate the board member's recusal from voting on an agenda item and the minutes shall clearly reflect that recusal.
b. Prior to the vote on any agenda item, about which a member of the board of commissioners is to be recused from voting, the member shall report the conflict to the authority's general counsel and to the state comptroller and state auditor in both the State of Delaware and the State of New Jersey.
33. (New section) a. The Delaware River and Bay Authority shall annually prepare a comprehensive report concerning the authority's operations. The report shall set forth the significant actions of the authority from the previous year.
The report shall also include the authority's financial statements and identify internal financial controls at the authority that govern expenditures, financial reporting, procurement, and other financial matters and transactions.
b. The report shall contain a certification by the appropriate member of senior management that during the preceding year the authority has, to the best of the member's knowledge, followed all of the authority's standards, procedures, and internal financial controls. In the event that this certification is not warranted, the report shall set forth the manner in which internal and financial controls were not followed and a description of the corrective action to be taken by the authority.
c. The report shall be submitted to the board of commissioners of the authority for approval. Upon approval by the board of commissioners, a copy of the report shall be submitted to the governors and the legislatures in both the State of Delaware and the State of New Jersey, and posted on the authority's website.
34. (New section) The Delaware River and Bay Authority shall submit to the governor, the state comptroller, and the legislatures of each state, and shall post on the authority website, the annual financial audit conducted by an independent certified public accounting firm and with oversight by an audit committee as provided for in subsection d. of section 28 of P.L. , c. (C. ) (pending before the Legislature as this bill). The financial audit shall be submitted to the board of commissioners for its review.
The audit shall be accompanied by a written certification from the Chair and Vice-chair of the board and the Executive Director, Deputy Executive Director, and the Chief Financial Officer of the authority, to the best of their knowledge, the financial information provided to the auditor in connection with the audit is accurate and fairly represents the financial condition and operational results of the authority for the year being audited.
35. (New section) a. The authority shall establish written procedures for the awarding of contracts for goods or non-professional services that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill). The procedures shall include measures to ensure equal opportunity for minority-owned, female-owned, and small business enterprises. The procedures shall prescribe the establishment of specifications and related information and the means by which the specifications and information shall be transmitted in written or electronic form to interested parties. The procedures shall provide that all bids or other responses to an advertised contract shall be submitted to the authority in written or electronic form. In cases where the contract is to be awarded to the lowest responsible bidder, the bid shall be in writing and sealed until opened with all other bids.
b. Except as provided in subsection c. of this section, the authority shall award a contract for goods or non-professional services to the lowest responsible bidder.
c. The authority may award the contract to a bidder other than the lowest responsible bidder:
(1) If the contract price is below $25,000, provided that the authority may not divide a contract into multiple proposed contracts in order to take advantage of this exception. When a contract price is below the $25,000 threshold, the authority shall employ a modified competitive procurement process, including advertising and obtaining verbal or written price quotations, to the extent that this is feasible and economically appropriate. If the authority invokes this exception, it is required to certify the procurement process that was used and that the contract was not divided into multiple proposed contracts in order to come under this exception. The authority is required to maintain a record of the certification;
(2) In the case of an unforeseen life, safety, or health emergency where the public exigency requires that services or products be purchased immediately as demonstrated by a memorialized concurrence of three officials designated to make these determinations. This exception is limited to purchasing those services or products necessary to mitigate the emergency situation. The authority shall make efforts to contract in advance for services or products for which a foreseeable need may arise in the event of an emergency;
(3) When there is only one vendor capable or available to provide the goods or services. Sole-source procurements may be made only in exceptional and necessary circumstances. If the authority invokes this exception, a designated member of the authority's senior management shall write, sign, and retain a memorandum justifying the awarding of a sole-source procurement contract;
(4) When a contract is with the federal government, or any state government, or any agency or political subdivision thereof; or
(5) When a firm has brought an innovative idea to the authority, a request for proposals cannot be constructed without communicating the new idea, and the procurement would not benefit from a competitive selection process.
d. If the authority awards a contract to a bidder other than the lowest responsible bidder, the authority's executive director shall certify that circumstances warranted the application of the exception and the proposed resolution concerning the contract shall set forth the justification for invoking the exception.
36. (New section) a. The authority shall establish written procedures that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) for the awarding of contracts for professional services or technical services. The procedures shall include efforts to ensure equal opportunity for minority-owned, female-owned, and small business enterprises. The procedures shall include steps to ensure that contract specifications do not establish a preference for a particular firm.
The procedures shall include a numerical, quantitative scoring process to evaluate proposals. The procedures shall require that the scoring process and the scoring factors be in writing.
b. The factors which may be used by the authority as part of its scoring process include, but are not limited to, the following:
(1) the background, qualifications, skills, and experience of the firm and its staff;
(2) the firm's degree of expertise in the area of the proposal;
(3) the rate or price to be charged by the firm;
(4) the authority's prior experience with the firm;
(5) the firm's familiarity with the work, requirements, and systems of the authority;
(6) the firm's capacity to meet the requirements of the contract;
(7) the firm's references;
(8) interviews with prospective firms; and
(9) the geographic location of the firm's offices.
c. The authority shall review its ongoing and open-ended professional services contracts and establish a timetable for periodic advertisement and re-evaluation of the contracts in accordance with this section.
d. Prior to the receipt of any proposals or qualifications concerning a professional services or technical services contract, the authority shall establish a qualified evaluation committee to review and score submitted bids and proposals. The authority shall screen each member of the committee for a conflict of interest or the appearance of a conflict of interest. A member of the board or a member of senior management shall not participate, either directly or indirectly, in the evaluation process if the member has a conflict of interest or there is an appearance of conflict of interest.
e. An analysis of relevant factors that lead to the decision to award a contract for professional services or technical services shall be memorialized, in summary form, in the authority's resolution awarding the contract.
f. When professional services rendered in connection with bond sales, related financial instruments, and litigation matters are expected to be required on numerous occasions over a period of time, the procedures and criteria set forth in P.L. , c. (C. ) (pending before the Legislature as this bill) may be used to create a pool of prequalified potential providers of professional services for a term not to exceed two years. The purpose of establishing a pool shall be to aid rather than circumvent a genuine competitive process that ensures quality service at the best possible value.
Advertisements for applications for inclusion in the pool of prequalified providers of professional services shall set forth the basis on which members of the pool will be selected to perform particular services. The selection for a particular service may be based upon the price to be charged by the professional for that service, the relative strengths of the prequalified professionals for that particular service, a process of alternating professionals, or other fair and appropriate approaches.
37. (New section) Not more than 90 days prior to any vote or action taken by the board of commissioners relating to any increase in the tolls, fees, or charges for the use of any facility of the authority, the authority shall conduct at least 10 public hearings in the manner prescribed pursuant to this section.
a. (1) Not less than 30 days prior to adoption by the authority of any increase in any fee, toll, charge, or fare for the use of the transportation facilities of the authority, or not less than 15 days prior to adoption by the authority of an amendment to the proposed fee, toll, charge, or fare increase, the board shall conduct at least 10 public hearings.
(2) Not less than one public hearing required pursuant to paragraph (1) of this subsection shall be conducted in each county in Delaware and New Jersey directly affected by the proposed fee, toll, charge, or fare increase, as determined by the board in consultation local and state officials.
b. Each public hearing shall be attended by at least two-thirds of the commissioners of the authority then in office at the time of the hearing and no more than one public hearing shall be held in a single day.
c. At least one-half of the public hearings shall be scheduled to begin after 6:30 p.m., Eastern Standard Time, on a weekday.
38. (New section) The Governor is hereby authorized to apply on behalf of the State of New Jersey to the Congress of the United States for its consent and approval to the amendments to this compact or agreement provided in sections 26 through 38 of P.L. , c. (C. ) (pending before the Legislature as this bill), but in the absence of such consent and approval, the Delaware River and Bay Authority shall have all the powers the State of Delaware and the State of New Jersey may confer upon it without the consent and approval of Congress.
39. (New section) The Governor is authorized to enter into a supplemental compact or agreement, on behalf of the State of New Jersey, with the Commonwealth of Pennsylvania supplementing the compact or agreement between the Commonwealth of Pennsylvania and the State of New Jersey entitled "Agreement Between the Commonwealth of Pennsylvania and the State of New Jersey creating the Delaware River Joint Toll Bridge Commission as a body corporate and politic and defining its powers and duties," as set forth in sections 40 through 50 of P.L. , c. (C. ) (pending before the Legislature as this bill).
40. (New section) In order to ensure that the Delaware River Joint Toll Bridge Commission operates in an efficient, transparent, and ethical manner, the board of commissioners of the commission shall:
a. Establish written policies and guidelines concerning personnel matters including, but not limited to, job descriptions, job qualifications, hiring practices, and compensation; and consistent with section 42 of P.L. , c. (C. ) (pending before the Legislature as this bill) protecting employees from retaliation for disclosing information concerning acts of wrongdoing, misconduct, malfeasance, or other inappropriate behavior by an employee or board member of the commission, investments, travel, the acquisition of real property and the disposition of real and personal property and the procurement of goods and services;
b. Maintain a website where notice of the meetings, agendas, and minutes of the board of commissioners are posted;
c. Establish written policies consistent with the provisions of sections 43 and 44 of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning conflict of interest disclosures;
d. Establish an audit committee to be comprised of not less than three board members, who shall constitute a majority of the committee, and who shall possess the necessary skills to undertake the duties and functions of the audit committee. Members of the audit committee shall be familiar with corporate financial and accounting practices. The committee shall recommend to the board the hiring of a certified independent accounting firm to audit the commission, establish the compensation to be paid to the accounting firm, and provide direct oversight of the performance of the independent audit performed by the accounting firm;
e. Require the commission's senior management to annually review the commission's operations with the specific goal of identifying waste and inefficiencies and take appropriate remedial steps which shall be reported to the governor, the state comptroller, and the legislatures of each state; and
f. Establish policies setting forth procedures to be followed for public advertising for bids for all procurement contracts to be awarded by the commission consistent with the provisions of sections 47 and 48 of P.L. , c. (C. ) (pending before the Legislature as this bill). The policies shall ensure that potential interested and qualified bidders receive appropriate notice of the proposed contract and a fair opportunity to seek award of the contract, and include a requirement that advertisements be placed in appropriate publications and be posted on the commission's website.
41. (New section) a. Each member of the Delaware River Joint Toll Bridge Commission board of commissioners shall perform each of their duties as board members, including but not limited to, those imposed by this section, in good faith and with that degree of diligence, care, and skill which an ordinarily prudent person in like position would use under similar circumstances, and may take into consideration the views and policies of any elected official or body, or other person and ultimately apply independent judgment;
b. At the time that each member takes and subscribes the member's oath of office, or within 60 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) if the member has already taken and subscribed the member's oath of office, execute an acknowledgement in which the board member acknowledges that the member understands the member's role and fiduciary responsibilities as set forth in subsection a. of this section and acknowledges that the member understands the member's duty of loyalty and care to the organization and commitment to the commission's mission and the public interest.
42. (New section) a. For the purposes of this section, "whistleblower" means any employee of the Delaware River Joint Toll Bridge Commission who discloses information concerning acts of wrongdoing, misconduct, malfeasance, or other inappropriate behavior by an employee or board member of the commission, concerning the commission's investments, travel, acquisition of real or personal property, the disposition of real or personal property, and the procurement of goods and services.
b. The commission shall develop a whistleblower access and assistance program which shall include, but not be limited to:
(1) establishing toll-free telephone and facsimile lines available to employees;
(2) offering advice regarding employee rights under applicable state and federal laws and advice and options available to all persons; and
(3) offering an opportunity for employees to identify concerns regarding any issue at the commission.
43. (New section) a. Each member of the Delaware River Joint Toll Bridge Commission board of commissioners shall report to the commission's general counsel and to the state comptroller and state auditor in both the Commonwealth of Pennsylvania and the State of New Jersey:
(1) on an annual basis, any outside business dealings with the commission during the previous year by the member of the board of commissioners or the member's employer, business, or relative;
(2) if any business that the member of the board of commissioners has an interest in has a contractual or employment relationship with the commission; and
(3) if any business employed by or contracted with the commission establishes a relationship with any business that a member of the board of commissioners has an interest in within two years of the date that the business enters into an employment or contractual relationship with the commission.
b. Each member of the commission's senior management shall report on an annual basis to the commission's general counsel and to the state comptroller and the state auditor in both the Commonwealth of Pennsylvania and the State of New Jersey any outside business dealings with the commission during the previous year by the senior manager of the commission or the senior member's relative.
44. (New section) a. A member of the Delaware River Joint Toll Bridge Commission board of commissioners shall not vote on any agenda item, or participate in any preliminary discussions or meetings on any agenda item with other members of the board of commissioners or senior management, if the board member, a member of the board member's immediate family, or a business in which the board member has an interest, has a direct or indirect financial involvement that may reasonably be expected to impair the board member's objectivity or independence of judgment or to create the appearance of impropriety. A board member shall clearly indicate the board member's recusal from voting on an agenda item and the minutes shall clearly reflect that recusal.
b. Prior to the vote on any agenda item, about which a member of the board of commissioners is to be recused from voting, the member shall report the conflict to the commission's general counsel and to the state comptroller and state auditor in both the Commonwealth of Pennsylvania and the State of New Jersey.
45. (New section) a. The Delaware River Joint Toll Bridge Commission shall annually prepare a comprehensive report concerning the commission's operations. The report shall set forth the significant actions of the commission from the previous year.
The report shall also include the commission's financial statements and identify internal financial controls at the commission that govern expenditures, financial reporting, procurement, and other financial matters and transactions.
b. The report shall contain a certification by the appropriate member of senior management that during the preceding year the commission has, to the best of the member's knowledge, followed all of the commission's standards, procedures, and internal financial controls. In the event that this certification is not warranted, the report shall set forth the manner in which internal and financial controls were not followed and a description of the corrective action to be taken by the commission.
c. The report shall be submitted to the board of commissioners of the commission for approval. Upon approval by the board of commissioners, a copy of the report shall be submitted to the governors and the legislatures in both the Commonwealth of Pennsylvania and the State of New Jersey, and posted on the commission's website.
46. (New section) The Delaware River Joint Toll Bridge Commission shall submit to the governor, the state comptroller, and the legislatures of each state, and shall post on the commission website, the annual financial audit conducted by an independent certified public accounting firm and with oversight by an audit committee as provided for in subsection d. of section 40 of P.L. , c. (C. ) (pending before the Legislature as this bill). The financial audit shall be submitted to the board of commissioners for its review.
The audit shall be accompanied by a written certification from the Chair and Vice-chair of the board and the Executive Director and the Chief Financial Officer of the commission, to the best of their knowledge, the financial information provided to the auditor in connection with the audit is accurate and fairly represents the financial condition and operational results of the commission for the year being audited.
47. (New section) a. The commission shall establish written procedures for the awarding of contracts for goods or non-professional services that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill). The procedures shall include measures to ensure equal opportunity for minority-owned, female-owned, and small business enterprises. The procedures shall prescribe the establishment of specifications and related information and the means by which the specifications and information shall be transmitted in written or electronic form to interested parties. The procedures shall provide that all bids or other responses to an advertised contract shall be submitted to the commission in written or electronic form. In cases where the contract is to be awarded to the lowest responsible bidder, the bid shall be in writing and sealed until opened with all other bids.
b. Except as provided in subsection c. of this section, the commission shall award a contract for goods or non-professional services to the lowest responsible bidder.
c. The commission may award the contract to a bidder other than the lowest responsible bidder:
(1) If the contract price is below $25,000, provided that the commission may not divide a contract into multiple proposed contracts in order to take advantage of this exception. When a contract price is below the $25,000 threshold, the commission shall employ a modified competitive procurement process, including advertising and obtaining verbal or written price quotations, to the extent that this is feasible and economically appropriate. If the commission invokes this exception, it is required to certify the procurement process that was used and that the contract was not divided into multiple proposed contracts in order to come under this exception. The commission is required to maintain a record of the certification;
(2) In the case of an unforeseen life, safety, or health emergency where the public exigency requires that services or products be purchased immediately as demonstrated by a memorialized concurrence of three officials designated to make these determinations. This exception is limited to purchasing those services or products necessary to mitigate the emergency situation. The commission shall make efforts to contract in advance for services or products for which a foreseeable need may arise in the event of an emergency;
(3) When there is only one vendor capable or available to provide the goods or services. Sole-source procurements may be made only in exceptional and necessary circumstances. If the commission invokes this exception, a designated member of the commission's senior management shall write, sign, and retain a memorandum justifying the awarding of a sole-source procurement contract;
(4) When a contract is with the federal government, or any state government, or any agency or political subdivision thereof; or
(5) When a firm has brought an innovative idea to the commission, a request for proposals cannot be constructed without communicating the new idea, and the procurement would not benefit from a competitive selection process.
d. If the commission awards a contract to a bidder other than the lowest responsible bidder, the commission's executive director shall certify that circumstances warranted the application of the exception and the proposed resolution concerning the contract shall set forth the justification for invoking the exception.
48. (New section) a. The Delaware River Joint Toll Bridge Commission shall establish written procedures that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) for the awarding of contracts for professional services or technical services. The procedures shall include efforts to ensure equal opportunity for minority-owned, female-owned, and small business enterprises. The procedures shall include steps to ensure that contract specifications do not establish a preference for a particular firm.
The procedures shall include a numerical, quantitative scoring process to evaluate proposals. The procedures shall require that the scoring process and the scoring factors be in writing.
b. The factors which may be used by the commission as part of its scoring process include, but are not limited to, the following:
(1) the background, qualifications, skills, and experience of the firm and its staff;
(2) the firm's degree of expertise in the area of the proposal;
(3) the rate or price to be charged by the firm;
(4) the commission's prior experience with the firm;
(5) the firm's familiarity with the work, requirements, and systems of the commission;
(6) the firm's capacity to meet the requirements of the contract;
(7) the firm's references;
(8) interviews with prospective firms; and
(9) the geographic location of the firm's offices.
c. The commission shall review its ongoing and open-ended professional services contracts and establish a timetable for periodic advertisement and re-evaluation of the contracts in accordance with this section.
d. Prior to the receipt of any proposals or qualifications concerning a professional services or technical services contract, the commission shall establish a qualified evaluation committee to review and score submitted bids and proposals. The commission shall screen each member of the committee for a conflict of interest or the appearance of a conflict of interest. A member of the board or a member of senior management shall not participate, either directly or indirectly, in the evaluation process if the member has a conflict of interest or there is an appearance of conflict of interest.
e. An analysis of relevant factors that lead to the decision to award a contract for professional services or technical services shall be memorialized, in summary form, in the commission's resolution awarding the contract.
f. When professional services rendered in connection with bond sales, related financial instruments, and litigation matters are expected to be required on numerous occasions over a period of time, the procedures and criteria set forth in P.L. , c. (C. ) (pending before the Legislature as this bill) may be used to create a pool of prequalified potential providers of professional services for a term not to exceed two years. The purpose of establishing a pool shall be to aid rather than circumvent a genuine competitive process that ensures quality service at the best possible value.
Advertisements for applications for inclusion in the pool of prequalified providers of professional services shall set forth the basis on which members of the pool will be selected to perform particular services. The selection for a particular service may be based upon the price to be charged by the professional for that service, the relative strengths of the prequalified professionals for that particular service, a process of alternating professionals, or other fair and appropriate approaches.
49. (New section) Not more than 90 days prior to any vote or action taken by the board of commissioners relating to any increase in the tolls, fees, or charges for the use of any facility of the commission, the commission shall conduct at least 10 public hearings in the manner prescribed pursuant to this section.
a. (1) Not less than 30 days prior to adoption by the commission of any increase in any fee, toll, charge, or fare for the use of the transportation facilities of the commission, or not less than 15 days prior to adoption by the commission of an amendment to the proposed fee, toll, charge, or fare increase, the board shall conduct at least 10 public hearings.
(2) Not less than one public hearing required pursuant to paragraph (1) of this subsection shall be conducted in each county in Pennsylvania and New Jersey directly affected by the proposed fee, toll, charge, or fare increase, as determined by the board in consultation local and state officials.
b. Each public hearing shall be attended by at least two-thirds of the commissioners of the authority then in office at the time of the hearing and no more than one public hearing shall be held in a single day.
c. At least one-half of the public hearings shall be scheduled to begin after 6:30 p.m., Eastern Standard Time, on a weekday.
50. (New section) The Governor is hereby authorized to apply on behalf of the State of New Jersey to the Congress of the United States for its consent and approval to the amendments to this compact or agreement provided in sections 39 through 50 of P.L. , c. (C. ) (pending before the Legislature as this bill), but in the absence of such consent and approval, the Delaware River Joint Toll Bridge Commission shall have all the powers the Commonwealth of Pennsylvania and the State of New Jersey may confer upon it without the consent and approval of Congress.
51. a. Sections 1 through 13 of this act shall take effect upon the enactment into law by the State of New York of legislation having an identical effect as sections 1 through 13 of this act; but if the State of New York shall already have enacted such legislation, sections 1 through 13 of this act shall take effect immediately.
b. Sections 14 through 25 of this act shall take effect upon the enactment into law by the Commonwealth of Pennsylvania of legislation having an identical effect as sections 14 through 25 of this act; but if the Commonwealth of Pennsylvania shall already have enacted such legislation, sections 14 through 25 of this act shall take effect immediately.
c. Sections 26 through 38 of this act shall take effect upon the enactment into law by the State of Delaware of legislation having an identical effect as sections 26 through 38 of this act; but if the State of Delaware shall already have enacted such legislation, sections 26 through 38 of this act shall take effect immediately.
d. Sections 39 through 50 of this act shall take effect upon the enactment into law by the Commonwealth of Pennsylvania of legislation having an identical effect as sections 39 through 50 of this act; but if the Commonwealth of Pennsylvania shall already have enacted such legislation, sections 39 through 50 of this act shall take effect immediately.
STATEMENT
This bill requires the Port Authority of New York and New Jersey, Delaware River Port Authority, Delaware River and Bay Authority, and Delaware River Joint Toll Bridge Commission to adopt practices and procedures that are in the best interests of the public and good government. Specifically, the bill requires the bi-state transportation authorities to:
1) Maintain policies for personnel matters including hiring practices;
2) Establish policies protecting employees from retaliation for disclosing information concerning acts of wrongdoing, misconduct, malfeasance, or other inappropriate behavior by an employee or board member of the authority. The authority is required to provide a whistleblower access and assistance program which includes: toll-free telephone and facsimile lines available to employees; offering advice regarding employee rights under applicable state and federal laws and advice and options available to all persons; and offering an opportunity for employees to identify concerns regarding any issue at the authority.
3) Maintain a website where notice of the meetings, agendas, and minutes of the of the board of commissioners are posted;
4) Establish written conflict of interest policies that require a member of the authority's board to report to the authority's general counsel and to the state comptroller and state auditor in both states: (a) on an annual basis, any outside business dealings with the authority during the previous year by the member of the board or the member's employer, business, or relative; (b) if any business that the member of the board has an interest in has a contractual or employment relationship with the authority; and (c) if any business employed by or contracted with the authority establishes a. relationship with any business that a member of the board has an interest in within two years of the date that the business enters into an employment or contractual relationship with the authority. The policies are also to require members of the authority's senior management to report on an annual basis to the authority's general counsel and to the state comptroller and the state auditor in both the states any outside business dealings with the authority during the previous year by the senior manager of the authority or the senior member's relative;
5) Prohibit board members from voting on any agenda item, or participating in any preliminary discussions or meetings on any agenda item with other members of the board of commissioners or senior management, if the board member, a member of the board member's immediate family, or a business in which the board member has an interest, has a direct or indirect financial involvement that may reasonably be expected to impair the board member's objectivity or independence of judgment or to create the appearance of impropriety;
6) Require an annual financial audit by an independent public accounting firm;
7) Create an audit committee to recommend and provide oversight of the certified independent accounting firm hired to audit the authority;
8) Annually review operations for waste and inefficiencies and take appropriate remedial steps;
9) Require all board members to have an explicit fiduciary duty to the authority and not to the appointing entity;
10) Prepare an annual report of the authority's operations;
11) Maintain policies for competitive bidding of procurement contracts which are to require the authority to: publicly advertise procurement contracts, including posting on the authority's website; make efforts to ensure equal opportunity for minority-owned, female-owned, and small businesses; award contracts for goods and non-professional services to the lowest responsible bidder; award contracts for professional or technical services on the basis of written procedures which include a quantitative scoring process for evaluation of proposals by a qualified evaluation committee; require written certification of the use of the few limited exceptions to its procurement procedures for goods and services; and
12) Require that an authority hold at least 10 public hearings prior to adoption by the authority of any increase in any fee, toll, charge, or fare for the use of the transportation facilities of the authority, or not less than 15 days prior to adoption by the authority of an amendment to the proposed fee, toll, charge, or fare increase, and to set requirements for the timing, location, and attendance of commissioners at the hearings.
In addition, the bill declares all meetings of the Port Authority of New York and New Jersey and Delaware River and Bay Authority to be public meetings and requires the adoption of rules and regulations concerning advance public notice of meetings in accordance with relevant state laws. The Delaware River Port Authority and Delaware River Joint Toll Bridge Commission are subject to similar requirements under existing law.
