§ 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.