CHAPTER 430

AN ACT TO AMEND CHAPTER 49, TITLE 29, DELAWARE CODE, RELATING TO PLANNING BY PROVIDING FOR ADVANCE PLANNING FOR CAPITAL IMPROVEMENTS AND MAKING AN APPROPRIATION THEREFOR FROM THE CAPITAL INVESTMENT FUND.

WHEREAS, there is a need for advanced planning funds to assist agencies in the submission of their Capital project request; to assist the administration in its Capital project recommendations; and to assist the General Assembly in its deliberations;

WHEREAS, such funds encourage earlier initiation of authorized Capital projects; and

WHEREAS, such funds would provide a more accurate data upon which to consider authorizations;

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 4901 through 4913, title 29, Delaware Code, are designated as subchapter I, chapter 49, title 29, Delaware Code, with the designation: "Delaware Planning Act".

Section 2. Chapter 49, title 29, Delaware Code, is amended by adding thereto a new subchapter to read:

SUBCHAPTER II. ADVANCED PLANNING FUND

§ 4921. Advanced Planning Fund

(a) A special fund is created in the State Treasury to be known as the "Advanced Planning Fund", hereafter referred to in this subchapter as "Fund".

(c) The Fund shall initially consist of One Million Dollars

The Fund is to be expended for the advanced planning of proposed state buildings, including the costs of architectural sketches, general site plans, preliminary engineering and general design services.

§ 4922. Withdrawals from the Fund

(a) Before any sum is withdrawn from the Fund for advanced planning a request shall be made by the agency desiring to erect a state building to the State Planning Office and that office shall report to the Budget Commission whether the request is consistent with the Capital Program provided for by section 4910 of this title.

(b) If the State Planning Office determines that the proposed building is consistent with the Capital Program and is likely to be authorized to be constructed in the foreseeable future, the Budget Commission may authorize an expenditure from the Fund to cover the cost of advance planning for the proposed building.

§ 4923. Reversion of unused funds

(a) Any monies for advanced planning provided by the Budget Commission to a State Agency which shall not be used by the Agency within 12 months shall be reverted to the Budget Commission to be redeposited in the Fund.

§ 4924. Reimbursement of the fund

(a) Upon the funding of a Capital project for which advance planning funds have been provided from the Fund, a refund shall be made to the Fund from such funding, by the State Treasurer from the appropriation made for the building.

Section 3. There is hereby appropriated and transferred from the Capital Investment Fund, existing pursuant to the chapter 62, title 29, Delaware Code, to the Advanced Planning Fund created by this Act and the sum of One Million Dollars, or so much as from time to time may be necessary to fulfill the purposes of this Act.