CHAPTER 7

FORMERLY

SENATE BILL NO. 32

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 378, VOLUME 71, LAWS OF DELAWARE; AND PROVIDING FOR THE DEVELOPMENT AND OPERATION OF THE CIVIL AIR TERMINAL, KENT COUNTY AEROPARK AND THE DELAWARE AIR PARK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all members elected to each house thereof concurring therein):

Section 1. Amend §3, Chapter 378, Volume 71, Laws of Delaware, by deleting the words "One Hundred Two Million Fourteen Thousand Five Hundred Dollars ($102,014,500)" as it appears therein and substituting in lieu thereof the following:

"One Hundred Two Million Eight Hundred Eighty Two Thousand Five Hundred Dollars ($102,882,500)".

Section 2. Amend §3, Chapter 378, Volume 71, Laws of Delaware, by deleting the number "70,737,000" as it appears therein and substituting in lieu thereof the number "71,605,000" and by recalculating all totals as they appear therein.

Section 3. Amend §75, Chapter 378, Volume 71, Laws of Delaware by deleting said subsection in its entirety and substituting in lieu thereof the following:

"Section 75. The Department of Natural Resources and Environmental Control, Division of Parks and Recreation, shall complete the design of a bikeway in Cape Henlopen State Park during Fiscal Year 1999. It is the intent of the General Assembly that the bikeway shall connect the northern and southern facilities of Cape Henlopen State Park that are located east of the Lewes and Rehoboth Canal. The bikeway shall be designed so as not to allow motorized public transportation and in no case shall any road or public thoroughfare be constructed through Cape Henlopen State Park that will serve to connect the towns of Lewes and Rehoboth. The Co-Chairs of the Joint Legislative Committee on Capital Improvement Program shall approve any final alignment and plans before construction begins."

Section 4. Amend §128, Chapter 378, Volume 71 Laws of Delaware by deleting said section in its entirety and substituting in lieu thereof the following:

"Section 128. The Section 1 Addendum contains an appropriation of Three Million Dollars ($3,000,000) for the Sussex Tech Expansion (60/40).

This appropriation shall be used for the construction of an addition not to exceed 60,883 square feet. This construction project shall be designed to construct sufficient classrooms to eliminate the use of 17 trailers currently used for classroom instruction, window replacement, library and parking facilities and for the completion of critical repairs and renovations to the school. The total cost of this project shall not exceed Ten Million Four Hundred Thousand Dollars ($10,400,000) with the state share being Six Million Two Hundred Forty Thousand Dollars ($6,240,000) or 60% of the total project cost, whichever is less. Any previous expenditures made on this project shall be considered appropriate and will be deducted from the Ten Million Four Hundred Thousand Dollar ($10,400,000) total project cost."

Section 5. Civil Air Terminal - Dover. For the purpose of complying with the provisions of §1726, Title 17, Delaware Code, requiring the Delaware River and Bay Authority to secure the approval of the General Assembly by an act passed with the concurrence of three-fourths of all the members elected to each House before undertaking any major project (as defined in Article II of the Delaware-New Jersey Compact as set forth in §1701, Title 17, Delaware Code), the Delaware River and Bay Authority is hereby authorized pursuant to the procedures set forth in the Compact and applicable statutory requirements to lease, develop and operate the Civil Air Terminal in Dover, Delaware upon such terms as may be agreed upon by the Department of Transportation and the Authority and such project shall be considered a project of the Authority as defined in Article II of the Compact.

Section 6. Kent County Industrial Park. For the purpose of complying with the provisions of §1726, Title 17, Delaware Code, requiring the Delaware River and Bay Authority to secure the approval of the General Assembly by an act passed with the concurrence of three-fourths of all the members elected to each House before undertaking any major project (as defined in Article II of the Delaware-New Jersey Compact as set forth in §1701, Title 17, Delaware Code), the Delaware River and Bay Authority is hereby authorized pursuant to the procedures set forth in the Compact and applicable statutory requirements the option to lease or acquire and develop a parcel or parcels of land located at the Kent County AeroPark upon such terms as may be agreed upon by the Kent County AeroPark Development Authority and the Authority if it undertakes the project known as the Civil Air Terminal, Dover, Delaware and such project shall be considered a project of the Authority as defined in Article II of the Compact.

Section 7. Delaware Air Park - Cheswold. For the purpose of complying with the provisions of §1726, Title 17, Delaware Code, requiring the Delaware River and Bay Authority to secure the approval of the General Assembly by an act passed with the concurrence of three-fourths of all the members elected to each House before undertaking any major project (as defined in Article II of the Delaware-New Jersey Compact as setforth in §1701, Title 17, Delaware Code), the Delaware River and Bay Authority is hereby authorized pursuant to the procedures set forth in the Compact and applicable statutory requirements to lease, develop and operate the real property, improvements and related facilities of the Delaware Air Park located in Cheswold, Kent County, Delaware upon such terms as may be agreed upon by the Department of Transportation and the Authority and such project shall be considered a project of the Authority as defined in Article II of the Compact.

Section 8. If any section, part, phrase, or provision of this Act or the application thereof be held invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, phrase, provision, or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Act or the application thereof.

Approved September 03,1999