CHAPTER 188

FORMERLY

HOUSE BILL NO. 292

AN ACT AMENDING CHAPTER 20 OF TITLE 30 OF THE DELAWARE CODE RELATING TO THE TRAVELINK TRAFFIC MITIGATION ACT.

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

Section 1. Amend Section 2031, Title 30 of the Delaware Code by deleting the word “place” appearing in the first sentence thereof and inserting in lieu thereof the word “site”.

Section 2. Further Amend Section 2031, Title 30 of the Delaware Code by inserting the following sentence after the first sentence thereof: “Employer programs which specifically target ‘welfare to work’ employees are exempt from the peak period limitation.”.

Section 3. Further Amend Section 2031, Title 30 of the Delaware Code by deleting the phrase “generated by commuting to and from work, through an increase in average vehicle occupancy” appearing in the last sentence thereof, and inserting in lieu thereof the phrase “and increase the use of alternative modes of travel during the commute to and from work”.

Section 4. Amend Section 2032, Title 30 of the Delaware Code by deleting the phrase “Department-certified” as it appears therein and inserting in lieu thereof the phrase “Department-approved”.

Section 5. Amend Section 2032(b), Title 30 of the Delaware Code by deleting the phrase “traffic congestion during peak travel periods through consolidation” appearing therein and inserting in lieu thereof the phrase “commute trip traffic congestion during peak travel periods and also non-peak travel periods for welfare-to-work programs by supporting the use of alternative modes”.

Section 6. Amend Section 2032(c)(3), Title 30 of the Delaware Code by inserting the phrase “or incentives” between the words “costs” and “in” appearing therein, and further by inserting the phrase “employees or” between the words “to” and “3rd parties” appearing therein.

Section 7. Amend Section 2032(c)(4), Title 30 of the Delaware Code, by deleting the subsection in its entirety and inserting in lieu thereof the following:

“(4) Administrative costs, such as personnel costs (salary, benefits, and training, but not overhead) and payments to 3rd parties, excluding the Department, for general administration including development, implementation, and maintenance costs directly related to the Travelink program. Administrative costs are limited to no more than four billable hours per week per fifty employees per week thereafter. The maximum billable hourly rate is $20; and”

Section 8. Amend Section 2032(e), Title 30 of the Delaware Code by inserting the phrase “, leased, chartered” between the words “owned” and “or subsidized” appearing therein, and further by inserting the phrase “and also non-peak travel periods for welfare-to-work programs” between the words “travel periods” and the words “, provided,” appearing therein.

Section 9. Amend Section 2032(f), Title 30 of the Delaware Code by deleting the phrase “, subject to compliance with the Federal Clean Air act [42 U. S. C. Section 7401 et seq.], specifically 42 U. S. C. Section 7511a(d)(1)(B)” appearing therein, and inserting in lieu thereof the following:

“having no less than 100 employees reporting to a specific work-site during the peak periods. Employer programs which specifically target ‘welfare-to-work’ employees are exempt from the peak period limitation”.

Section 10. Amend Section 2032(i), Title 30 of the Delaware Code by inserting “duly appointed” after the word “Secretary’s” and before the word “delegate”.

Section 11. Amend Section 2033, Title 30 of the Delaware Code by deleting the phrase “Department-certified” as it appears therein and inserting in lieu thereof the phrase “Department-approved”.

Section 12. Amend Section 2033(b), Title 30 of the Delaware Code by deleting the phrase “the product of either equation described herein, whichever” appearing therein and inserting in lieu thereof the following:

“10% of the direct cost (DC) of developing, implementing, and maintaining the Travelink plan/program, or the product of either equation described below, whichever product of the equations below”.

Section 13. Further Amend Section 2033(b), Title 30 of the Delaware Code by inserting the phrase “and also non-peak travel periods for welfare-to work programs” between the phrase “peak travel periods” and the phrase “; CTR is “ appearing therein, and Further Amend said subsection by deleting the number “130” appearing therein and inserting in lieu thereof the number “100”.

Section 14. Amend Section 2034, Title 30 of the Delaware Code by deleting the word “certification” as it appears therein, and inserting in lieu thereof the word “approval”.

Section 15. Amend Section 2034(1), Title 30 of the Delaware Code by re-designating subsection “c.” and “d.” respectively, and creating a new subsection “c.” to read as follows:

“c. A provision giving approval authority to those employers who develop a mitigation plan targeted to welfare-to-work clients; "

Section 16. Amend Section 2035, title 30 of the Delaware Code by deleting the phrase “Department –certified” as it appears therein and inserting in lieu thereof the phrase “Department-approved”.

Section 17. Amend Chapter 20, title 30 of the Delaware Code by creating a new Section 2037 to read as follows:

“Section 2037. Limitation on credits.

(a) The total amount of eligible credits allowed under this subchapter (‘Travelink credits’) shall not exceed one hundred thousand dollars ($100,000) in any State of Delaware fiscal year.

(b) If the total amount of Travelink credits for which all taxpayers apply in any State of Delaware fiscal year exceeds the amount set forth in subsection (a), then the Travelink credit to be received by each applicant for that year shall be the product of the amount set forth in subsection (a) multiplied by a fraction, the numerator of which is the eligible Travelink credits applied for by the applicant and the denominator of which is the total of all eligible Travelink credits applied for by the applicants.”

Approved July 20,1999