CHAPTER 520

FORMERLY

SENATE SUBSTITUTE NO. 1 FOR

SENATE BILL NO. 163

AS AMENDED BY

SENATE AMENDMENT NO. 1 AND

HOUSE AMENDMENT NOS. 3, 4, 6, 7 AND 8

AN ACT TO AMEND CHAPTER 91, TITLE 29 OF THE DELAWARE CODE BY ESTABLISHING A HIGHWAY PRIORITY PLANNING SYSTEM AND BY AMENDING CHAPTER 84, TITLE 29 OF THE DELAWARE CODE TO MODIFY THE FUNCTIONS OF THE COUNCIL ON TRANSPORTATION AND BY AMENDING CHAPTER 74, TITLE 29 OF THE DELAWARE CODE BY ESTABLISHING A PRIORITY SYSTEM FOR HIGHWAY CAPITAL IMPROVEMENTS PROGRAM.

WHEREAS, the Delaware Tomorrow Commission recommended that the Capital Improvement programming process should be improved; and

WHEREAS, it is necessary to continuously plan and carry out the development of the State Transportation System in an orderly and efficient manner correlated with total relative needs and assure that the most needed projects are funded; and

WHEREAS, it is necessary to furnish the Governor, General Assembly and citizens with a continuing sound plan of transportation capital improvement.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §9110 of Chapter 91, Title 29 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof a new §9110 to read as follows:

"§9110. Preparation of Capital Program; Assistance in Preparation of Annual Capital Budget

The State Planning Office shall prepare, amend and keep up to date a six year program of state public works and major capital improvement projects undertaken or recommended to be undertaken by the State. Such program, to be known as the capital program, may contain major projects undertaken or recommended to be undertaken with federal and/or state aid or under state regulation. In preparing the program, the State Planning Office shall have the collaboration of the Budget Director. This program, incorporating those projects which

must be initiated by the local officials in accordance with Section 105(d), Title 23 of the United States Code shall classify projects in regard to the urgency and need for their realization and shall recommend a time sequence for their construction. Theprogram shall contain estimated cost of each project as well as existing sources of funds or the need for additional sources of funds for the construction and operation of each project. The capitalprog ram shall, as far as possible, be based on existing information in the possession of the State Planning Office, the Budget Director and other appropriate departments, boards, commissions, agencies and instrumentalities of state government. Heads of departments, boards, commissions, agencies and instrumentalities of state government shall transmit to the Director of State Planning a statement of all capital projects proposed to be undertaken by their departments or agencies for study, advice and recommendation by the State Planning Office and for consideration for inclusion in the capital program of the State. Upon request, the department or agency heads shall also submit such information to the State Planning Office as may be required in the preparation of the program. The State Planning Office shall assist the State Budget Director and other State agencies in the preparation of the annual budget."

Section 2. Amend Chapter 91, Subchapter 1, Title 29 of the Delaware Code by adding a new §9114 to read as follows:

"§9114. Highway Priority Planning

(a) The Department of Transportation, with Council approval, shall:

(1) Establish a method of determing current needs and cost of the entire highway requirements in the State which will be utilized in allocating capital funds by highway functional system by program. The needs and costs will be updated annually.

(2)(a) Establish a rating formula for setting priorities on all Department highway projects, which if they were contained in the Authorization Act would be categorized as corridor and non-corridor, which shall consider, but not be limited to: safety, service and condition factors; social, economic and environmental factors; regional variations, seasonality of traffic, continuity of improvement, availability of federal and State funds, and ability to utilize these funds for projects and programs.

(b) The rating formula for setting priorities on Department highway projects shall be utilized only for those categories listed in (2)(a) above and not be

applicable to other highway categories normally contained in authorization acts (intersection improvements, miscellaneous small projects, dirt road program, suburban street improvements, suburban drainage program, etc.).

(3) Develop a needs study and a rating formula along with any other relevant criteria which shall be used for the development of the Department's priority recommendations for the Department Capital Improvements Program. Department programs or projects utilizing other than State or Federal funds shall be indicated within the Capital Improvements Program with their priority rating as specified in (2)(a) of this Section, but the costs shall not be added to the total estimated cost of the overall program. An annual written report including this data shall accompany the Department's recommendations.

(1) Update and prepare annually a Statewide Six Year Department Capital Improvements Program for submission to the Council on Transportation. The first year shall consist of highway programs and projects, containing the highest priorities in the categories specified in (2)(a) above and highway programs and projects in the categories mentioned in (2)(b) above. No program or project in these categories will be funded for construction, except programs or projects that can, with reasonable certainty, be advertised for bidding that year. Proposed projects or programs for the remaining five years shall be grouped by order of priority and year that the construction or activity should begin. Department programs or projects utilizing other than State or Federal funds shall be indicated within the Capital Improvements Program with their priority rating as specified in (2)(a) of this section, but the costs shall not be added to the total estimated cost of the overall program. The estimated cost of the program for each year shall be approximately equal to estimated Federal and State funds available for highway purposes during that year. The estimated Federal and State fund availability will be developed annually by the Department of Transportation with the assistance of the State Planning Office.

(1) Review any priority changes that would result in the introduction of new projects or programs to a proposed or adopted Six Year Department Capital Improvements Program. Make recommendations on such priority changes or introduction of new projects or programs based on the criteria and rating formula which establish the priorities of projects and programs. The Department

shall fully document its recommendations in a written report to the Council on Transportation."

Section 3. Amend §8409(b) (3), Chapter 84, Title 29 of the Delaware Code by adding after the word and semi-colon "Department;" the following:

"(i) On or before July 30 of each year, the Council shall review the updated Six Year Department Capital Improvements Program prepared by the Department of Transportation, established in 0114, Chapter 91, Title 29 of the Delaware Code. On or before Septekber 15 of each year the Council shall publish notices in a newspaper of general circulation in each county. The notices shall specify dates on which public meetings will be held, one in each County, by the Council at which time the program will be reviewed and publicly explained and objections or comments may be made by any individual or group. Following the public meetings, the Council may make priority changes to the proposed Six Year Department Capital Improvements Program in an open meeting by documenting the reasons and justifications for changes and adopt the program. The adopted program shall be submitted to the State Planning Office and members of the General Assembly on/or before October 15 of each year for inclusion into the State Capital Improvements Program for the following fiscal year.

(ii) The Six Year Department Capital Improvements Program as recommended by the State Planning Office, shall set forth estimated expenditures by project and/or program for engineering, rights-of-way and construction. The program shall include detailed information by project as to location, description and the reasons for the project's assigned priority."

Section 4. Amend Chapter 74, Title 29 of the Delaware Code by adding thereto a new §7419 to read as follows:

"§7419. Adoption of Capital Program

(a) The Authorization Act of the General Assembly appropriating moneys of the State for highways capital improvements of the State, as it is introduced, shall contain, but is not limited to the program priorities prepared by the Department of Transportation, as adopted by the Council on Transportation and approved by the State Planning Office. Modifications, insofar as applicable to those categories derived by the rating formula, to the Department of Transportation Capital Improvements Program can only be made by deleting the lowest priority projects or programs should the availability of State or Federal Funds be less than estimated by the State Planning Office or in the event more funds are

available from Federal or State sources, projects or programs can be added in priority order as developed by the Department of Transportation, and adopted by the Council on Transportation."

Section 5. Amend §8401 (b)(7), Chapter 84, Title 29 of the Delaware Code by striking said subparagraph in its entirety.

Approved July 12, 1978.