CHAPTER 229

FORMERLY

SENATE BILL NO. 162

AN ACT TO AMEND TITLE 29, DELAWARE CODE, RELATING TO THE DEPARTMENT OF TRANSPORTATION AND TRANSPORTATION PRIORITY PLANNING.

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

Section 1. Amend Section 8419(2)a., Title 29, Delaware Code, by deleting the word “priority” appearing in the first sentence of this section.

Section 2. Further amend Section 8419(2)a., Title 29, Delaware Code, by deleting the language, “which if further contained in the authorization act would be categorized as corridor/noncorridor” appearing therein.

Section 3. Further amend Section 8419(2)a., Title 29, Delaware Code, by deleting the phrase, “regional variations; seasonality of traffic” appearing therein, and inserting in lieu thereof the phrase “long range transportation plans and comprehensive land use plans”.

Section 4. Further Amend Section 8419(2)a., Title 29, Delaware Code, by deleting the clauses “availability of federal and state funds; and ability to utilize these fund for projects and programs” appearing therein.

Section 5. Amend Section 8419(2), Title 29, Delaware Code, by deleting subsection (b) in its entirety and inserting in lieu thereof the following:

“(b) The formula based process shall not be utilized for setting priorities for dirt roads, suburban street aid projects, municipal street aid projects, or system preservation projects. System preservation projects will be prioritized based upon performance measures established in the Department for pavement management, bridge management, and safety management projects.”

Section 6. amend Section 8419(3), Title 29, Delaware Code, by deleting the first sentence of this section in its entirety, and inserting in lieu thereof the following:

“Review and approve the Long Range Transportation Plan, to be used in connection with the Department’s internal review process for transportation projects.”

Section 7. Amend Section 8419(4), Title 29, Delaware Code, by deleting this subsection in its entirety and inserting in lieu thereof the following:

“(4) Update and prepare annually a statewide capital Improvement Program for submission to the Council of Transportation. The first year of the Program shall consist of transportation programs and projects to be advanced in that year based upon the prioritization ranking process specified in subsection (2) of this section. No program or project will be funded for implementation except those that can with reasonable certainty be advertised for bid that year. Proposed projects or programs for the remaining years of the six year Capital Improvement Program shall be pursued in accordance with the prioritization ranking process specified in subsection (2) of this Section. The estimated cost of the Program for each year shall not exceed the estimated federal and state funds available for transportation purposes during that year. The estimated federal and state fund availability will be developed annually by the Department of Transportation based upon the dollar amount of funds available and the ability to use the funds for a specific program or project.”

Section 8. Amend Section 8419(5), Title 29, Delaware Code, by deleting the phrase “priority formula-based” as it appears therein and insert in lieu the phrase “formula-based”.

Approved July 23,1999