CHAPTER 258

FORMERLY

SENATE BILL NO. 223

AN ACT TO AMEND CHAPTER 80, TITLE 29, DELAWARE CODE, RELATING TO GRANTS TO QUALIFIED AGENCIES FOR THE CONSTRUCTION OF TREATMENT WORKS.

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

Section 1. Amend Section 8003 of Chapter 80, Title 29, Delaware Code, by inserting a new subsection to paragraph (11) to read as follows:

"11. Advancements:

1. The Secretary may allocate up to 5% of the total funds appropriated by the General Assembly for State grants to a revolving advancement fund.

2. The Secretary may adopt procedures for providing advancement to qualified agencies for the purpose of initiating the necessary planning studies required under the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1314, et seq.) and the federal grant regulations promulgated thereunder, or for State funded projects. A qualified agency may receive an advancement when it is demonstrated by such agency to the satisfaction of the Secretary that the referenced planning activities place an undue financial burden on the agency.

3. When a qualified agency receives federal and/or state grants for a project for which an advancement is made, and construction of the project commences, the amount of the advancement shall be subtracted from the State grant payment. In no event shall an advancement under this subdivision entitle a qualified agency to a greater amount of State grant monies than specified in this subsection.

4. In the event a qualified agency fails to proceed with the construction of project after the completion of necessary planning studies, the Secretary may seek recovery of moneys advanced to the qualified agency. If the qualified agency refuses to return advancement monies after written request by the Secretary, the Secretary may seek the recovery of such advancement monies in a civil lawsuit in the Superior Court."

Approved July 11, 1975