§ 26. Expense of maintenance a joint charge; reconstruction of
bridges. Upon the acquisition as aforesaid by this state jointly with
the commonwealth of Pennsylvania of the bridge properties, rights and
franchises, as hereinbefore provided, such bridge or bridges, except in
the case of railroad or railway bridges as hereinbefore provided, shall
be and remain in the charge and custody of the said joint commission,
and such bridges and the immediate approaches thereto shall be
maintained jointly by this state and the commonwealth of Pennsylvania in
equal proportions, and shall be kept in constant repair so long as the
said joint commission deems it feasible so to do, and the expense
thereof and therefor shall be paid as are other expenses incident to the
maintenance of property in the charge and custody of the said state;
however, and notwithstanding the aforesaid provision as to the joint
maintenance of the approaches to such bridges, if and when the
department of highways of the commonwealth of Pennsylvania shall, with
the approval of the said joint commission, maintain at its sole expense
said approaches lying in Pennsylvania as a part of its state highway
system or otherwise, then, and in that event, the department of
transportation of New York state, with the approval of said joint
commission, shall take over and maintain all of such approaches, with
the exception of the approach in Port Jervis, lying in New York state,
such approaches in New York state to be considered as the length of
existing roads between the bridge head of the respective bridges and the
nearest intersecting public road or street, and the cost of such
maintenance by said department of transportation shall be payable from
any moneys available for the maintenance of state highways; provided
that appropriate concurrent legislation for the same purpose be enacted
by the commonwealth of Pennsylvania.

If in the discretion of said joint commission it shall be deemed
infeasible to continue the repairing of any such bridge and the said
joint commission shall therefore determine to discontinue the public use
thereof then the interstate bridge commission may enter into an
agreement with the department of highways of the commonwealth of
Pennsylvania for the removal of such bridge and the expense of such
removal shall be paid one-half by this state and one-half by the
commonwealth of Pennsylvania.

The said interstate bridge commission is hereby empowered and
authorized to enter into an agreement or agreements with the department
of highways of the commonwealth of Pennsylvania for the reconstruction
of the existing free bridges across the Delaware river between the
commonwealth of Pennsylvania and the state of New York at or near the
present location of such bridges as may be fixed and determined in an
agreement or agreements entered into pursuant to the provisions hereof.

Said agreement or agreements shall provide for the making and
preparation of the necessary surveys, plans and specifications by the
state of New York and the commonwealth of Pennsylvania, either jointly
or by either, in such manner as may be agreed upon; and the letting of
the contract and the supervision and inspection of the work may be
handled in the same manner; provided, however, that said agreement or
agreements shall make an equal division of the expense involved between
the state of New York and the commonwealth of Pennsylvania, and provided
further that each said state shall secure at its own cost and expense
the necessary right of way within its respective limits required for the
reconstruction of said bridges and approaches thereto, and each state
shall bear the cost of said approaches within its respective limits.

In carrying out the terms of any agreement or agreements entered into
pursuant to the provisions of this act for the reconstruction or
maintenance of any bridge or bridges, as well as in connection with the
reconstruction or maintenance of the necessary approaches in New York
state, the said interstate bridge commission, acting by and through the
commissioner of transportation shall have and exercise all the same
rights and powers as are vested by law in the commissioner of
transportation relating to the construction of state highways and
bridges thereon.

The portion of the cost and expense to the state of New York for its
share of the engineering and the reconstruction of said bridge or
bridges, as well as the approaches thereto within said state, shall be
payable from any moneys available for the construction or reconstruction
of state highways and bridges thereon to be paid out of the state
treasury on the audit and warrant of the state comptroller on the
certificate of the commissioner of transportation countersigned by the
interstate bridge commission of this state.

Upon the completion of any such bridge or bridges they shall be free
from toll and shall be in the charge and custody of the said joint
commission, and such bridge or bridges and the immediate approaches
thereto shall be maintained jointly by this state and the commonwealth
of Pennsylvania in the same way as other bridges across the Delaware
river under the charge and custody of the joint commission.

The share of New York state of the cost and expense of such
maintenance and repair shall be payable from any moneys of the state
available for the maintenance and repair of state highways and bridges
thereon upon vouchers audited by the interstate bridge commission;
provided that appropriate concurrent legislation for the same purpose be
enacted by the commonwealth of Pennsylvania.