SEPTEMBER 22, 2015, 10:55 PM LAST UPDATED: TUESDAY, SEPTEMBER 22, 2015, 11:02 PM
BY SHAWN BOBURG
STAFF WRITER |
THE RECORD
A new $20 billion rail tunnel under the Hudson River would be built, and partly paid for, by the Port Authority under a plan described last week by Governor Christie and his New York counterpart, Gov. Andrew Cuomo.
Left unaddressed, though, was a fundamental question: Does the bi-state agency that collects tolls at the Hudson River vehicular crossings have the legal authority to lead a project to build a rail tunnel that will be used exclusively by other agencies — in this case, Amtrak and NJ Transit?
Some lawyers and lawmakers say no — not unless both states’ legislatures specifically approve the Port Authority’s involvement.
The issue is more than just an arcane legal question.
It rekindles other recent controversies over the legality of using Port Authority money — including the $14 cash tolls collected at its bridges and tunnels and airport fees — to fund non-Port Authority projects. The Port Authority is already facing an investigation by the Manhattan District Attorney’s Office and federal regulators for shifting $1.8 billion in toll money to New Jersey-owned roads at the behest of the Christie administration.
The governors’ proposal for the tunnel also puts the Port Authority, an agency buffeted by a series of scandals that have dented Christie’s presidential hopes, at the center of one of the biggest public works projects in the country.
“It’s premature at this point to discuss what role the Port Authority may be asked to play with respect to the tunnel project,” Port Authority Chairman John Degnan said Friday. “At an appropriate time, we will ensure we have adequate legal basis for any involvement we do have.”
By law, the Port Authority is allowed to undertake projects associated with its existing facilities or new projects authorized by state lawmakers in both New York and New Jersey. But over the years, the Port Authority has found creative ways to bypass the requirement of legislative approval.
https://www.northjersey.com/news/analysis-port-authority-s-role-in-paying-for-tunnel-in-doubt-1.1415674