CHAPTER 425

FORMERLY

HOUSE BILL NO. 509

AN ACT TO AMEND CHAPTER 20 OF TITLE 30, SUBCHAPTER IV, "THE TRAVELINK TRAFFIC MITIGATION ACT" RELATING TO COMPLIANCE WITH THE FEDERAL CLEAN AIR ACT, SPECIFICALLY 42 U.S.C., SECTION 7511a (d)(1)(B).

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

Section 1. Amend Section 2031, Chapter 20, Title 30 of the Delaware Code by adding at the end of said section the following:

An additional purpose shall be to decrease the number of single occupant vehicles generated by commuting to and from work, through an increase in average vehicle occupancy."

Section 2. Amend Section 2032 (f), Chapter 20, Title 30 of the Delaware Code by deleting the phrase ",employing a minimum of 150 full-time employees or their equivalent" as it appears therein, and by substituting in lieu thereof the phrase "subject to compliance with the Federal Clean Air Act , specifically 42 U.S.C., Section 7511a(d)(1)(B).".

Section 3. Amend Section 2034, Chapter 20, Title 30 of the Delaware Code by adding at the end of said section a new paragraph to read as follows:

"(3) Procedures to require that employers beginning in November 1992, provide to the Department information of the actions taken and plans made to comply with the revised State Implementation Plan required by 42 U.S.C., Section 7511a (d)(1)(B). The procedures may establish a process of plan submission, approval, periodic reporting on target achievement and plan revision to achieve compliance in conformity with 42 U.S.C. 7511a (d)(1)(B) and any applicable guidelines of the Clean Air Act as amended in 1990."

Section 4. Amend Chapter 20 of Title 30 of the Delaware Code by adding thereto a new Section 2036 to read as follows:

12036. Department Responsibilities.

(a) The Department is responsible for reviewing and approving any public or private traffic mitigation plan or program including but not limited to clean air compliance programs, TRAVELINK programs, commuter benefit programs, Department-approved incentives contained in any zoning, subdivision or any other land use or development project designed to enhance traffic mitigations, programs approved by county or local government, and any and all other 'public or private plans designed either in whole or in part to reduce traffic through the use of incentives or disincentives such as but not limited to parking charges, parking preferences, and financial penalties proposed by employers for single occupant vehicles commuting to the work site."

Section 5. Amend Section 2033(b), Chapter 20, Title 30 of the Delaware Code by inserting the phrase or a pro rata share thereof for a program encompassing less than a full taxable year" after the phrase for at least 130 days of the applicable taxable year" and before the phrase ";and DC is the employer's allowable direct costs."

Section 6. Amend Chapter 20, Title 30 of the Delaware Code by amending Section B of 67 Del. Laws, c. 160, by deleting the phrase "December 31, 1995" and inserting the phrase "December 31, 2010".

Section 7. Amend §2032(c), Chapter 20, Title 30, Delaware Code by adding a new paragraph "(5)" to read as follows:

"(5) Capital costs incurred as part of a Department-certified travelink program."

Approved July 21, 1992.