In the United States , an interstate compact is a pact or agreement between two or more states , or between states and any foreign sub-national government.
36-496: The Delaware River Port Authority ( DRPA ), officially the Delaware River Port Authority of Pennsylvania and New Jersey , is a bi-state agency instrumentality created by a congressionally approved interstate compact between the state governments of Pennsylvania and New Jersey . The authority is principally charged to maintain and develop transportation links between the two states with four bridges and
72-482: A seaport or public transportation infrastructure. Compacts may also be limited to a certain multi-state region, may be open to all states and insular areas, or may be open to subnational governments in other countries. Interstate compacts are distinct from, but may involve aspects of, the following: Several interstate compacts may establish multi-state agencies in order to coordinate policy between, or perform tasks on behalf of, member states. Such agencies may take
108-641: A bill that created the Delaware River Port Authority. In 1953, construction started on a new bridge to connect South Philadelphia and Gloucester City . In 1955, the existing bridge was renamed Benjamin Franklin Bridge , while the name Walt Whitman Bridge was approved for the new bridge that would open in 1957. By 1966, two more bridges were approved: the Commodore Barry Bridge (opened February 1, 1974) and
144-479: A compact. Congress must explicitly approve any compact that would give a state power that is otherwise designated to the federal government . Treaties between the states, ratified under the Articles of Confederation during the period after American independence in 1776 until the current U.S. Constitution was ratified in 1789, are grandfathered and treated as interstate compacts. This includes agreements like
180-521: A crowd of over 25,000 people. It was named the "Delaware River Bridge", and following the ceremony, over 100,000 people participated in the inaugural walk. United States President Calvin Coolidge came to dedicate the bridge the next day. At this time, political support existed for a regional governing body for a port authority and the construction of another bridge and a high-speed rail line. On July 17, 1951, United States President Harry S. Truman signed
216-612: A foreign Power,..." However, in a report released in October 2019 about the proposed National Popular Vote Interstate Compact , the Congressional Research Service (CRS) cited the U.S. Supreme Court 's ruling in Virginia v. Tennessee (1893)—reaffirmed in U.S. Steel Corp. v. Multistate Tax Commission (1978) and Cuyler v. Adams (1981)—that ruled that explicit congressional consent of interstate compacts
252-456: A governmental area or by their governmental representatives. Special districts possess some form of civil office , that is, the board has received a delegation of sovereign power from the state. Some boards may be appointed by only landowners. Private entities may appoint some or all of the members of a special district; however, there must be evidence of civil office. In addition to special districts with privately appointed boards,
288-678: A mass transit rail line across the Delaware River . Though the DRPA has "port" in its name, it does not own or operate any ports . In 1919, the Pennsylvania and New Jersey legislatures approved the creation of the Delaware River Bridge Joint Commission . The first meeting was held on December 12, 1919, with Pennsylvania and New Jersey commissioners. On July 1, 1926, the first bridge opened before
324-517: A single function or a set of related functions. The term special district governments as defined by the U.S. Census Bureau excludes school districts . In 2017, the U.S. had more than 51,296 special district governments. The United States Census counts government units across all States. This includes "special districts". To count the special districts the Census must define the special districts so as to address all such governmental entities across
360-426: A special district government, rather than as a subordinate agency, an entity must possess three attributes—existence as an organized entity, governmental character, and substantial autonomy. Each state description also lists various statutory authorities, commissions, corporations, and other forms of organizations that have certain governmental characteristics, but are subject by law to administrative or fiscal control by
396-451: A special district may have a privately founded board; however, such a board could not be given the power to set a tax. There is a citizen-government fiscal accountability relationship. To maintain accountability for special districts, states must maintain ultimate control (the power to repeal the authorizing law at any time). Due to public foundation and, thus, ultimate control, the state can freely delegate sovereign power (such as
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#1732772445805432-675: A third, more-empowered type of interstate compact, in which persistent governance structures are tasked by member states with conducting designated services. Today, Virginia is a member of the most interstate compacts at 40, while Hawaii is a member of the fewest at 15. Special-purpose district Special districts (also known as special service districts, special district governments , or limited purpose entities ) are independent, special-purpose governmental units that exist separately from local governments such as county , municipal , and township governments, with substantial administrative and fiscal independence. They are formed to perform
468-598: Is not required for agreements "which the United States can have no possible objection or have any interest in interfering with" (in addition to ruling that the words "agreement" and "compact" used in the Compact Clause are synonyms). Instead, the Court required explicit congressional consent for interstate compacts that are "directed to the formation of any combination tending to the increase of political power in
504-1034: The Betsy Ross Bridge (opened April 30, 1976). In 1974 and 1990, the Ben Franklin Bridge and the Walt Whitman Bridge carried their one-billionth vehicles. In 2011, DRPA ceased operating the Philadelphia Cruise Terminal. In 2015, DRPA sold the RiverLink Ferry to the Delaware River Waterfront Corporation and the Cooper's Ferry Partnership. In 2022, the DRPA installed more than 20 MW of solar panels at its facilities built by TotalEnergies . The Lindenwold, Ashland, Woodcrest, and Ferry Avenue PATCO stations, as well as
540-582: The Treaty of Beaufort , which set the boundary between Georgia and South Carolina in 1787, and is still in effect. Prior to 1922, most interstate compacts were either border agreements between states or advisory compacts, the latter of which are tasked with conducting joint studies to report back to the respective state legislatures. With the creation of the Port Authority of New York and New Jersey in 1922, administrative compacts began to develop as
576-544: The governor of New Jersey , and six Pennsylvania commissioners are appointed by the governor of Pennsylvania . The Pennsylvania treasurer and the Pennsylvania auditor general serve as ex officio commissioners. These two officers are elected officials. The 16 commissioners also serve as the board of directors for the Port Authority Transit Corporation or PATCO, a DRPA subsidiary. The DRPA operates and maintains four bridges that cross
612-551: The Betsy Ross Bridge, Commodore Barry Bridge, and DRPA's headquarters in Camden, have large solar canopies covering their parking lots. These will provide more than half of the DRPA's electricity usage and save it $ 12 million over a 20-year PPA contract. Sixteen commissioners govern the Delaware River Port Authority, eight of whom represent New Jersey and Pennsylvania. All eight New Jersey commissioners are appointed by
648-489: The Compact Clause. The CRS report stated that there were approximately 200 interstate compacts in effect in 2019. The timing for Congressional consent is not specified by the Constitution, so consent may be given either before or after the states have agreed to a particular compact. The consent may be explicit, but it may also be inferred from circumstances. Congress may also impose conditions as part of its approval of
684-570: The Constitution is legislative, then "Congress must exercise it in conformity with the bicameralism and presentment requirements of Article I, Section VII ", and noting that the Republican River Compact was initially vetoed by President Franklin D. Roosevelt in 1942, the CRS report states that if an interstate compact requires explicit congressional approval, it must be approved by both houses of Congress and signed into law by
720-574: The Delaware River between Pennsylvania and New Jersey. All four bridges charge a $ 5 westbound toll. From southwest to northeast, they are: The DRPA Police Department provides police services on all DRPA properties to include all Port Authority Transit Corporation (PATCO) locations and trains. 39°56′38″N 75°07′48″W / 39.94397°N 75.13000°W / 39.94397; -75.13000 Interstate compact Most early interstate compacts resolved boundary disputes, but since
756-606: The Incorporated Guardians of the Poor, which were created by special acts in the 17th century. Turnpike trusts were an early and popular special purpose authority in England. Internal drainage boards are current examples in parts of England and Wales. The state of Illinois leads the nation in the number of special districts with California close behind. State counts of their special districts may differ from
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#1732772445805792-531: The President in order to become law. In Cuyler v. Adams , the Court held that congressional approval of interstate compacts makes them federal laws . The CRS report cites the Court's opinions in Virginia v. Tennessee and Northeast Bancorp v. Federal Reserve Board of Governors (1985) as stating that any agreement between two or more states that "cover[s] all stipulations affecting the conduct or claims of
828-590: The States, which may encroach upon or interfere with the just supremacy of the United States"—meaning where the vertical balance of power between the federal government and state governments is altered in favor of state governments, while the report references U.S. Steel Corp. v. Multistate Tax Commission as stating that the "pertinent inquiry [with respect to the Compact Clause] is one of potential, rather than actual, impact on federal supremacy" in noting that
864-590: The United States are founded by some level of government in accordance with state law (either constitutional amendment, general law, or special acts) and exist in all states. Special districts are legally separate entities with at least some corporate powers. Districts are created by legislative action, court action, or public referendum . The procedures for creating a special district may include procedures such as petitions , hearings, voter or landowner approval, or government approval. Tribal governments may create special districts pursuant to state law and may serve on
900-538: The United States follow the English custom. The earliest known general law in England authorizing special purpose authorities was the Statute of Sewers of 1532. Single purpose authorities created by individual charters also existed at the time. However, the early authorities were temporary and unconnected to local government structure. The first laws authorizing permanent authorities connected to local governments were
936-1043: The board. The board of a special district serves primarily as a managing board and often appoints a chief executive for day-to-day operations and decision making and policy implementation. In the New England states, special districts are often run in the same town meeting fashion as other local governments. Most districts have employees, but some districts exist solely to raise funds by issuing bonds and/or by providing tax increment financing . Special districts perform many functions including airports , ports , highways , mass transit , parking facilities , fire protection , libraries , parks , cemeteries , hospitals , irrigation , conservation , sewerage , wastewater treatment , solid waste , fiber optic systems , stadiums , water supply , electric power , and natural gas utility . Special districts are authorized by state law and must have public foundation, civil office , and public accountability . Special districts in
972-403: The boards of special districts. Special districts, like all public entities, have public foundation. The landmark case of the U.S. Supreme Court addressing public versus private charters was Dartmouth College v. Woodward in 1819. Dartmouth established the fundamental differences between public and private organizations. Critically, a government must be founded by all of the people of
1008-407: The broad spectrum of 50 states' definitions and interpretations. The Census's full definition is: Special district governments are independent, special purpose governmental units, other than school district governments, that exist as separate entities with substantial administrative and fiscal independence from general purpose local governments. As defined for Census Bureau statistics on governments,
1044-403: The early 20th century, compacts have increasingly been used as a tool of state cooperation and mutual recognition on infrastructure, services and professional licensing, often to ease administrative barriers and reduce costs and litigation. In some cases, an agreement will create a new multi-state governmental agency which is responsible for administering or improving some shared resource such as
1080-618: The form of commissions, with at least one representative from a member state. Alternatively, member states to a compact may opt for cooperation with a single independent non-profit organization which carries out designated tasks without government funding. The Compact Clause ( Article I, Section 10, Clause 3 ) of the United States Constitution provides that "No State shall, without the Consent of Congress ,... enter into any Agreement or Compact with another State, or with
1116-746: The less conspicuous tasks of mosquito abatement and upkeep of cemeteries. The Census Bureau classification of special district governments covers a wide variety of entities, most of which are officially called districts or authorities. Not all public agencies so termed, however, represent separate governments. Many entities that carry the designation "district" or "authority" are, by law, so closely related to county, municipal, town or township, or state governments that they are classified as subordinate agencies of those governments in Census Bureau statistics on governments, and are not counted as separate special district governments. In order to be classified as
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1152-495: The parties", prohibits members from "modify[ing] or repeal[ing] [the agreement] unilaterally", and requires "'reciprocation' of mutual obligations" constitutes an interstate compact. Additionally, the CRS report cites the Court's opinion in Northeast Bancorp as suggesting that a requirement of a new interstate governmental entity is a sufficient condition for an agreement to qualify as being an interstate compact under
1188-853: The potential erosion of an enumerated power of the United States Congress by an interstate compact can arguably require explicit congressional approval. The CRS report cites the Supreme Court's rulings in Florida v. Georgia (1855) and in Texas v. New Mexico and Colorado (2018) as recognizing that explicit congressional consent is also required for interstate compacts that alter the horizontal balance of power amongst state governments. Citing Metropolitan Washington Airports Authority v. Citizens for Abatement of Aircraft Noise, Inc. (1991) as stating that if an enumerated power under
1224-538: The power to tax) to special districts and can allow them to act autonomously with little supervision. There is little information available on the earliest special districts in the United States. It is known that park districts existed in the 18th century. Toll road and canal corporations existed in the 19th century. The first general statute authorizing irrigation districts was adopted by California in 1887. The U.S. Census Bureau began identifying and collecting data on special districts in 1942. Special districts in
1260-620: The state or by independent local governments; therefore, they are classified as subordinate agencies of those governments. Special districts serve limited areas and have governing boards that accomplish legislatively assigned functions using public funds . Each district is governed by a board of directors , commissioners , board of supervisors , or the like. These boards may be appointed by public officials , appointed by private entities, popularly elected, or elected by benefited citizens (typically, property owners). Sometimes, one or more public officials will serve as an ex officio member on
1296-518: The term "special district governments" excludes school district governments as they are defined as a separate governmental type. Special district governments provide specific services that are not being supplied by existing general purpose governments. Most perform a single function, but in some instances, their enabling legislation allows them to provide several, usually related, types of services. The services provided by these districts range from such basic social needs as hospitals and fire protection, to
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