CHAPTER 69

FORMERLY

SENATE BILL NO. 170

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 Fiscal Year 2004 Capital Improvements Project Schedule Addendum. The General Assembly hereby authorizes the following projects in the following amounts for the purposes set forth in this Section and as described in the Fiscal Year 2004 Governor’s Recommended Capital Budget and Project Information document. Any authorization balance (excluding Transportation Trust Fund balances) remaining unexpended or unencumbered by June 30, 2006, shall be subject to reversion of reauthorization.

Section Deauthorization of State Guaranteed Bonds.

Department, Agency, or Instrumentality Amount

Department of Administrative Services $14,549,400

University of Delaware 3,000,000

Delaware State University 3,000,000

Delaware Technical and Community College 1,685,700

Department of Education 103,644,900

Maximum

Purpose State Share Local Share Total Cost

Colonial, Renovate Carrie Downie Elementary (65/35) $493,200 - $493,200

Colonial, Renovate Wilmington Manor Elementary 2,079,900 - 2,070,900

(65/35)

Colonial, Renovate Colwyck Elementary (65/35) 3,335,800 1,796,200 5,132,000

Colonial, Renovate Harry O. Eisenberg Elementary 3,422,900 1,843,100 5,266,000

(65/35)

Colonial, Renovate Martin Luther King Jr. Elementary 2,775,500 1,494,500 4,270,000

(65/35)

Colonial, Renovate Pleasantville Elementary (65/35) 3,311,800 1,783,300 5,095,100

Indian River, Supplemental Funding 1000 Pupil High 1,767,700 1,178,500 2,946,200

(60/40)

Indian River, Supplemental Funding 1500 Pupil High 2,480,000 1,653,300 4,133,300

(60/40)

Indian River, Renovate Education Complex (60/40) 267,500 178,300 445,800

Indian River, Renovate Lord Baltimore Elementary 482,300 321,500 803,800

(60/40)

Indian River, Renovate Indian River High (60/40) 861,500 574,300 1,435,800

Indian River, Renovate Sussex Central High (60/40) 406,700 271,100 677,800

Indian River, Renovate Sussex Central Middle (60/40) 338,900 225,900 564,800

Brandywine, Renovate/Add Lombardy Elementary 4,261,400 2,840,900 7,102,300

(60/40)

Brandywine, Renovate Talley Middle School (60/40) 10,000,000 6,666,700 16,666,700

Caesar Rodney, Renovate Charlton School (100% State) 6,616,900 - 6,616,900

Christina, Statewide Autistic Program Expansion 2,316,500 - 2,316,500

(100% State)

Woodbridge, Four Grade Addition (71/29) 1,600,000 - 1,600,000

Christina, Renovate Albert H. Jones Elementary (60/40) 3,527,900 2,351,900 5,879,800

Christina, Renovate Brookside Elementary (60/40) 3,543,100 2,362,100 5,905,200

Christina, Renovate West Park Place Elementary (60/40) 3,853,000 2,568,700 6,421,700

Christina, Renovate Kirk Middle (60/40) 3,280,900 2,187,300 5,468,200

Christina, Renovate Pulaski Elementary (60/40) 2,054,600 1,369,700 3,424,300

Christina, Renovate Elbert Palmer ES (60/40) 1,184,500 789,700 1,974,200

Christina, Renovate Jennie Smith Elementary (60/40) 562,800 375,200 938,000

Christina, Renovate Gallaher Elementary (60/40) 404,300 269,500 673,800

Christina, Renovate Joseph McVey Elementary (60/40) 433,800 289,200 723,000

Christina, Renovate Newark High (60/40) 438,600 292,400 731,000

Christina, Renovate Bancroft Elementary (60/40) 335,600 223,700 559,300

Christina, Construct 800 Pupil Middle (60/40) 1,135,700 757,100 1,892,800

Christina, Modular Classrooms - 1,147,400 1,147,400

Red Clay, Renovate Linden Hill Elementary (60/40) 2,707,200 1,804,800 4,512,000

Red Clay, Renovate Richey Elementary (60/40) 2,997,200 1,998,100 4,995,300

Red Clay, Warner Elementary and Kindergarten (60/40) 4,767,000 3,178,000 7,945,000

Red Clay, Renovate Baltz Elementary (60/40) 5,472,000 3,648,000 9,120,000

Red Clay, Renovate Forest Oak Elementary (60/40) 2,972,500 1,981,700 4,954,200

Red Clay, Renovate Mote Elementary (60/40) 3,080,800 2,053,900 5,134,700

Red Clay, Renovate Conrad Middle (60/40) 682,100 454,700 1,136,800

Red Clay, Construct New 650 Pupil Elementary (60/40) 6,458,600 4,305,700 10,764,300

Red Clay, Renovate Lewis Middle (60/40) 85,900 57,300 143,200

Red Clay, Renovate Richardson Park Elementary (60/40) 184,700 123,100 307,800

Red Clay, Renovate Stanton Middle (60/40) 126,000 84,000 210,000

Red Clay, Renovate A.I. Dupont High (60/40) 298,400 198,900 497,300

Red Clay, Renovate Dickinson High (60/40) 470,500 313,700 784,200

Red Clay, Renovate McKean High (60/40) 429,400 286,300 715,700

Red Clay, Renovate Heritage Elementary (60/40) 96,100 64,100 160,200

Red Clay, Renovate Marbrook Elementary (60/40) 81,600 54,400 136,000

Red Clay, Renovate Shortlidge Elementary (60/40) 76,500 51,000 127,500

Red Clay, Renovate A.I. Dupont Middle (60/40) 78,800 52,500 131,300

Red Clay, Renovate Skyline Middle School (60/40) 160,900 107,300 268,200

Red Clay, Renovate Brandywine Springs Middle (60/40) 10,700 7,100 17,800

Red Clay, Renovate H.B. DuPont Middle (60/40) 183,100 122,100 305,200

Red Clay, Renovate H.B. Meadowood Middle (60/40) 52,800 35,200 88,000

Red Clay, Renovate Wilmington Campus (60/40) 510,400 340,300 850,700

Red Clay, Renovate Telegraph Road (60/40) 81,500 54,300 135,800

Capital, Renovate Kent Community School 1,615,900 - 1,615,900

Contingency - Appoquinimink Referendum 2,400,000 843,200 3,243,200

$103,644,900 $58,031,200 $161,676,100

Project Laws of DE Appropriation Code Amount

Comegys Building 71/378 30-05-10-6914 $43,385.42

Section Abandoned Property. For Fiscal Year 2004, 29 Del. C. § 6102 (s) shall be null and void.

2001 95-13-00-0825 Wm Henry MS

Section Appropriation of General Funds. It is the intent of the General Assembly that $108,821,300 be appropriated to the following departments of the State and in the following amount for the purposes set forth in the Section 1 Addendum of this Act. Any funds remaining unexpended or unencumbered by June 30, 2006, shall revert to the General Fund of the State of Delaware. The state hereby authorizes the issuance of bonds, to which the state shall pledge its full faith and credit, such bonds to be issued in such principal amount as necessary to provide proceeds to the state in the amount of $16,938,400 local share of school bonds. Bonds authorized to be used by this Section shall mature not later than 20 years from their date of issuance.

Department, Agency, or Instrumentality Amount

Legislative $49,000

Office of the Budget 12,248,900

Delaware Economic Development Office 12,805,000

Department of State 4,073,700

Department of Administrative Services 31,289,700

Department of Health and Social Services 3,659,000

Department of Natural Resources and Environmental Control 9,220,000

Department of Safety and Homeland Security 1,890,400

Department of Agriculture 775,000

Fire Prevention Commission 195,000

University of Delaware 1,100,000

Delaware State University 1,600,000

Delaware Technical and Community College 3,219,800

Department of Education 26,695,800

Purpose State Share Local Share Total

Minor Capital Improvements $7,113,800 $4,665,900 $ 11,779,700

Architectural Barrier Removal 160,000 106,700 266,700

Brandywine, Renovate Concord High School (60/40) 12,042,600 8,028,400 20,071,000

Brandywine, Renovate Forwood Elementary (60/40) 5,524,100 3,682,700 9,206,800

Christina, Renovate Glasgow HS Pool (60/40) 682,000 454,700 1,136,700

Cape Henlopen, Air Condition Sussex Consortium 844,800 - 844,800

Cape Henlopen, 6 Classroom Addition to Rt. 24 School 133,000 - 133,000

Tech Prep 195,500 - 195,500

Subtotal: $26,695,800 $16,938,400 $43,634,200

TOTAL $108,821,300

Section General Funds to Twenty-First Century Fund. It is the intent of the General Assembly that $18,170,000 be appropriated from General Funds to the Office of the Secretary, Department of Finance (25-01-00) to be deposited into the Twenty-First Century Funds as established by 29 Del. C. §6102A. These funds shall be appropriated for the following purposes set forth in the Section 1 Addendum to this Act:

Section General Funds to Department of Transportation. It is the intent of the General Assembly that $15,015,000 be appropriated from General Funds to the Office of the Budget (10-02-01) to be deposited into the Transportation Trust Fund. These funds shall be appropriated for the following purposes set forth in the Section 1 Addendum to this Act:

Section Public School Student E-mail Accounts. The Department of Technology and Information is prohibited from establishing or maintaining State supported e-mail addresses for public school students except as may be deemed necessary by the local school district. This Section shall not preclude local school districts from providing student access to e-mail with local discretionary funds either through their own e-mail server or through a contract with the Department of Technology and Information.

Section Resource, Conservation and Development Transfers - Project Funds Transfer from Prior Fiscal Years to Fiscal Year 2004. Within the same county, any Twenty-First Century funds or match remaining from completed projects as authorized as part of the Twenty-First Century Resource, Conservation and Development (RCD) project list pursuant to prior appropriations may be utilized for RCD projects in the Fiscal Year 2004 list of projects approved as part of the Fiscal Year 2004 Capital Improvement Act.

Section Resource, Conservation and Development. (a) The Section 1 Addendum to this Act appropriates $6,200,000 to Resource, Conservation and Development. This appropriation shall be used to complete the list of prioritized projects as approved by the Joint Legislative Committee on the Capital Improvement Program in prior fiscal years. Additionally, the Joint Legislative Committee on the Capital Improvement Program hereby approves the Fiscal Year 2004 prioritized list. Such list may be funded from prior-year transfers per Section 14 of this Act or other funds available as designated by respective Legislators from the Community Transportation Fund or other funds available to supplement Resource, Conservation and Development appropriations.

Section First State Preservation Revolving Fund, Inc. For Fiscal Year 2004, First State Preservation Revolving Fund, Inc. may continue to expend for administrative expenses the interest generated by the Community Redevelopment Fund appropriations of $250,000 in each of Fiscal Years 1999 and 2000.

Section Laurel Redevelopment Corporation. Any proceeds from the sale of property funded in whole or in part from Community Redevelopment Fund grants to Laurel Redevelopment Corporation shall be reinvested in the Medical Center project.

Section Bond Bill Reporting Requirements. All state agencies and public school districts receiving funds from the Capital Improvements Act shall submit a quarterly expenditure status report to the Budget Director and the Controller General on all incomplete projects that are wholly or partially funded with state and/or local funds, including bond funds. The format and information required in these quarterly reports shall include, but not be limited to, expenditures of both bond and cash funds. The report format will be developed by the State Budget Office and include information as needed by the Department of Finance, Treasurer’s Office and State Budget Office to anticipate cash and bond requirements for the upcoming fiscal year.

Section Notification. The Budget Director and Controller General shall notify affected state agencies and other instrumentalities of the State as to certain relevant provisions of this Act. Additionally, the Budget Director and Controller General shall notify the President Pro Tempore of the Senate and the Speaker of the House as to any legislative appointments required by this Act.

Section Early Return to Work Study. The State Personnel Director in conjunction with the Secretary of Finance, Secretary of Labor and the Budget Director are currently undertaking a study of strategies to facilitate the early return to work for workers who have suffered compensable on-the-job injuries. This study covers all state agencies, including school districts and the Diamond State Port Corporation. Upon the completion of this study, the State Personnel Director shall submit a report, including any recommendations requiring legislative action, to the General Assembly not later than January 15, 2004.

OFFICE OF THE BUDGET

Section Local Law Enforcement. 72 Del. Laws, c. 489 and 72 Del. Laws, c. 258 appropriated funds to the Office of the Budget for Local Law Enforcement to assist local law enforcement agencies to purchase and enhance technologies that will enable them to increase their crime reporting capabilities, comply with state and federal technology standards and improve inter-agency communication. Local law enforcement agencies shall include counties, municipalities, towns, Delaware cities and the State Office of Narcotics and Dangerous Drugs.

These monies will be limited to spending on hardware, software, end-user equipment and other one-time expenditures designed to enhance the capabilities and effectiveness of law enforcement. The purchase of 800 MHz radios with this funding is permitted. All hardware, software and end-user equipment shall be compatible with the minimum standards established by the Delaware Justice Information System (DELJIS) Board of Managers and any other applicable State of Delaware and federal systems standards.

Funds shall be distributed based upon the local law enforcement agency’s actual strength of full-time sworn officers.

Applications for funding shall be submitted to the Local Law Enforcement Technology Fund Committee and shall specify the purpose, the systems, the technology and the amount of funding requested.

Final distribution of funds shall be contingent upon the approval of the Budget Director and the Controller General.

No part of this appropriation may be used to supplant funds already committed by the law enforcement agency to regular police operations, or to pay salaries or other personnel costs of police officers or supporting personnel, or general operation and/or administrative expenses.

Local law enforcement agencies are encouraged to use these funds to leverage additional federal funding for technology to support the above projects.

(a) Technology. This fund is to be administered by the Office of the Budget, subject to the review of the Technology Investment Council to eligible agencies and applicants as follows:

Section COTS. The Section 1 Addendum to this Act appropriates $2,500,000 to the Office of the Budget for the purpose of planning the implementation of Commercial Off the Shelf Software (COTS), an automated case management system for the state’s judicial system. Prior to accessing these funds, the Delaware judiciary must complete the Proof of Concept with Department of Technology and Information (11-00-00) oversight. Following the Proof of Concept, the Budget Director and the Controller General must receive a written letter of support by the State's Chief Information Officer and the Technology Investment Council before funds are released to the judiciary. The final contract between the Judiciary and/or the Department of Technology with a third party vendor shall be reviewed and approved by the Budget Director and Controller General.

DELAWARE ECONOMIC DEVELOPMENT OFFICE

Section Delaware Strategic Fund. Of the funds appropriated to the Delaware Strategic Fund in the Section 1 Addendum of this Act, up to $ 1,000,000 may be utilized in order to provide financial assistance in the form of matching grants in an amount not greater than either $100,000 or 50 percent of the total project costs for environmental assessments and remediations of sites associated with the “brownfield” initiative. For purposes of this Section a “brownfield” is defined as a vacant, unoccupied, or underutilized site, with respect to any portion thereof, which the owner of the site has reasonable cause to believe may, as a result of any prior commercial or industrial activity by any person, have been environmentally contaminated in a manner that would interfere with the intended use of such site. The Delaware Economic Development Authority shall draft and publish policy guidelines pertaining to eligibility and establish criteria to administer the assistance. The matching grant must meet the existing parameters for Strategic Fund grants as delineated in Title 29, §5028 (a) and (b).

Section Delaware Industrial Park. The Delaware Economic Development Office is hereby prohibited from locating any operation that involves the use of hazardous materials at the former Helix Synthesis Technologies site within the Delaware Industrial Park. Hazardous materials are defined as any material of a gaseous, liquid or solid form that has the potential to cause temporary or permanent harm to humans or the environment.

Section Riverfront Development Corporation. If the Governor and the Delaware Economic Development Office, at the direction of the Board of Directors of the Riverfront Development Corporation of Delaware, request the Delaware River and Bay Authority to fund the acquisition of real property and improvements for economic development along or in proximity to the Brandywine and Christina Rivers as recommended in the report of the Governor’s Task Force on the Future of the Brandywine and Christina Rivers, A Vision for the Rivers (1994) pursuant to the Compact (17 Del. C. § 1701) and applicable statutory requirements, and if any such project is undertaken and funded by the Delaware River and Bay Authority after written approval by the Governor, then such project is hereby authorized and approved by this Act.

Section Delaware River and Bay Authority Acquisition and Development. If the Governor and the Delaware Department of Natural Resources and Environmental Control (“DNREC”) request that the Delaware River and Bay Authority acquire and develop real property and improvements for the purpose of shoreline preservation and development (including, without limitation, wetlands and open-land acquisition, active recreational and park development or facilities of commerce) along or in proximity to the shoreline of the Delaware Bay and inland waters, or tributaries flowing into the Delaware Bay in the vicinity of Cape Henlopen State Park (excluding lands owned by the State of Delaware, east of the Lewes and Rehoboth Canal) pursuant to the Compact (17 Del. C. § 1701 et. seq.) and the applicable statutory requirements, and if any such project is undertaken and funded by the Delaware River and Bay Authority after written approval by the Governor, then such project is hereby authorized and approved by this legislation. Any conveyance of real property and improvements owned by the State of Delaware pursuant to the foregoing authority shall be exempt from the provisions of 29 Del. C. § 94 and 7 Del. C. § 45, and the Governor or the Secretary of DNREC is hereby authorized to execute and deliver to the Delaware River and Bay Authority a deed to such real property and improvements.

Section Kalmar Nyckel. Until such time as all loans receivable by the Riverfront Development Corporation of Delaware from the Kalmar Nyckel Foundation are paid in full to the satisfaction of the Riverfront Development Corporation, the scheduling of the Kalmar Nyckel by non-State entities shall require the approval of the Riverfront Development Corporation. Further, the Riverfront Development Corporation is encouraged to enter into negotiations with interested parties to review the disposition of loans to the Kalmar Nyckel.

Section Riverfront Development Corporation Contingency Fund. The Section 1 Addendum to this Act appropriates $200,000 to the Riverfront Development Corporation (RDC) Contingency Fund in the Delaware Economic Development Office (DEDO). At the request of the Board of Directors of the RDC and subject to the approval of the Co-Chairs of the Joint Legislative Committee on Capital Improvements, these funds shall be transferred by DEDO to the RDC.

Section DRBA - Delaware State University. For the purpose of complying with the provisions of 17 Del. C. §1726, 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 17 Del. C. §1701), the Delaware River and Bay Authority is hereby authorized, pursuant to the procedures set forth in the Compact and applicable statutory requirements, if requested by the Governor and Delaware Economic Development Office and if the project is undertaken and funded by the Authority in accordance with its processes and procedures relating to such a project, to lease, acquire and control for economic development purposes, real property, improvements and related facilities of the property situate at 2095 Seven Hickories Road, Dover, DE consisting of approximately 75 +/- acres and such project is hereby authorized and approved by this Act. The Authority shall be prohibited from developing said land for residential purposes.

DEPARTMENT OF STATE

Section Delaware River Main Channel Dredging. It is the intent of the General Assembly that any future appropriation of State funds for the main channel dredging of the Delaware River shall be contingent upon the following:

Section Riverfront Development Corporation Promotions. The Riverfront Development Corporation is prohibited from including political profiles and statements of a political or partisan nature in any advertisements or literature used to promote a cultural or recreational event being sponsored by the Corporation.

Section Veterans Cemetery-NCC. The federal government will reimburse the State 100 percent of the funds expended for the planning and design of the expansion of the Veterans Cemetery – New Castle County. The funds received as reimbursement from the federal government shall be deposited into the General Fund.

Section Museum Maintenance. The Section 1 Addendum to this Act appropriates $200,000 to the Department of State for museum maintenance. It is the intent of the General Assembly that these funds be retained by the Department of State, Division of Historical and Cultural Affairs for use with the operations of state museums or for immediate, unscheduled repairs to those facilities under the control of the Division of Historical and Cultural Affairs.

Section New Castle County Veterans Cemetery. The General Assembly hereby directs the Delaware Commission on Veterans Affairs to return/replace all memorials and plaques purchased/donated by veteran's family members to their original location within the cemetery or to a site agreeable to the veteran's family members. The General Assembly further directs that, after July 1, 2003, no plaque or memorial will be removed or relocated for any purpose without the approval of the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program. Existing memorial works are historical, cultural and aesthetic resources.

Section Delaware State Monument at Gettysburg. The State Division of Historical and Cultural Affairs will ensure that any movement of the Delaware State Monument at Gettysburg be conducted in a manner consistent with the original purposes surrounding the monument's installation and that any such relocation be conducted so that the monument is reestablished in a position of prominence and that landscaping and site work is performed as close to the original design as possible. The Division's Office of State Museums shall keep in timely contact with the National Park Service to keep apprised of all issues concerning possible relocation of the Monument and shall represent the interests of the State of Delaware and the Delaware Civil War Society in ensuring the permanence of the Monument as part of the National Park.

Section Robinson House Renovations. Notwithstanding the specific project allocations pursuant to 72 Del. Laws, c. 489, §62, as of July 1, 2003, any funds remaining in the project entitled "Rodney Family Grave Site", subsequently renamed "Rodney Family Grave Site or art and paintings related to the Rodney Family" by 73 Del. Laws, c. 350, §45, may be allocated to the project entitled "Robinson House - Renovations".

Section Hockessin Public Library. The Section 1 Addendum to this Act appropriates $1,316,100 to the Department of State for the Hockessin Public Library. Of this amount, up to $35,000 shall be used to construct a small, secure book/document storage facility and reading room within the library. The room shall house public and private books, photography, documents and other small, valuable items of historical significance to the Hockessin community. All items housed in this room shall be available to the public but shall not be allowed to leave the room.

DEPARTMENT OF FINANCE

Section Qualified Zone Academy Bonds. A portion of the general obligation bonds authorized under this Act for a school construction project may be issued in the form of “Qualified Zone Academy Bonds” within the meaning of the federal Taxpayer Relief Act of 1997 (the QZAB’s). Such portion shall be equal to the maximum amount of QZAB’s which may be issued under such act. Preference for use of the authorization shall be given to eligible special schools that are funded with 100 percent state funds and subsequently, schools authorized under this Act with the highest percentage of free and reduced lunch counts for the 2001-2002 school year that elect to participate in the QZAB program as determined by the Department of Education. The Secretary of Finance is hereby authorized to determine the terms and conditions of the QZAB’s and the manner by which they shall be awarded to the purchasers thereof, including private negotiated sale, notwithstanding anything to the contrary contained in Chapter 74, Title 29 of the Delaware Code; provided that the requirements of Chapter 7422 of Title 29 of the Delaware Code must be observed.

DEPARTMENT OF ADMINISTRATIVE SERVICES

Section Construction Management. Notwithstanding any other state law, the Department of Administrative Services (“Department”) shall be responsible for the design and construction of all the projects listed under “Department of Administrative Services” in the Section 1 Addendum of this Act. For those projects that are solely for the purchase of equipment, including projects that are funded in any “MCI and Equipment” line, or any “MCI” line the department shall transfer the appropriate funding necessary to purchase the equipment to the agency for which the equipment is being purchased. The appropriate amount of funding shall be determined and agreed to by the Department and the agency for which the equipment is being purchased by September 1, 2003. For those projects for which the appropriation is passed to an entity and for which the state is not a party to the construction contract, the department shall provide technical assistance.

(a) Notwithstanding any other state law, there is hereby created an Appeals Board, to be composed of the Lieutenant Governor, the Budget Director, and the Controller General. The Appeals Board shall approve the use of all unencumbered monies after that project is deemed “substantially complete.” A project shall be deemed “substantially complete” when the project is occupied by 75 percent of the planned tenants or when deemed complete by the Appeals Board. One year after a project is deemed “substantially complete,” any unencumbered authorization balance shall revert. In no case shall this Section empower the Appeals Board to allow for the expenditure of funds for uses other than for the funds authorized purpose(s). The Controller General shall notify the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program of any decisions of the Appeals Board.

(b) The use of Minor Capital Improvement and Equipment funds in order to ensure completion of a Major Capital Improvement project involving construction of a new facility is prohibited unless the use of such funds are necessary due to a legal settlement or emergency or unforeseen conditions as determined by the Secretary of the Department of Administrative Services, the Budget Director, the Controller General and the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program.

(c) The Department shall submit a quarterly status report to the Budget Director and Controller General on all incomplete projects.

(d) No project’s budget should be increased beyond what is appropriated in any Bond and Capital Improvement Act, either with special funds or private funds, unless the use of those funds is approved by the appropriate cabinet secretary, the Budget Director, the Controller General and Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program.

Section Troop 2 Property. It is the intent of the General Assembly that no portion of the lands located at 168 South DuPont Highway and formerly the site of Troop 2 of the State Police shall be declared as surplus property without the prior approval of the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program, the Controller General and the Budget Director.

Section Artwork. The General Assembly directs the Secretary of the Department of Administrative Services to explore the feasibility with the College of Arts/Design of the College providing artwork for the New Castle County Courthouse and the Carvel State Office Building.

Section New Castle County DMV Repairs. Of the funds that remain in Administrative Services, Facilities Management, Fiscal Year 2002 appropriation (30-05-10-7225) for the Stevenson House, up to $500,000 may be used to renovate the old New Castle County Division of Motor Vehicle Inspection Lanes located at 161 Old Airport Road in New Castle.

DEPARTMENT OF CORRECTION

Section Community Restoration. The Department of Correction may, to the extent resources and appropriately classified offenders are available, direct these offenders to assist with community restoration projects. These projects may include beautification, clean up and restoration efforts requested by civic, governmental and fraternal organizations approved by the Commissioner.

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Section Land and Water Conservation Trust Fund Interest. Of the interest monies generated on the principal deposited in the Land and Water Conservation Trust Fund before 1995, no more than $40,000 may be spent for the combined administrative costs of the Open Space Council and the Council on Greenways and Trails.

Section Open Space Match Requirements. Notwithstanding the provisions of 29 Del. C. § 6102A(c)(2), upon written request by the Open Space Council and notification of the Secretary of Finance, the Co-Chairs of the Joint Legislative Committee on Capital Improvements are hereby empowered to waive on a case-by-case basis the match requirements for a specific Open Space land purchase if it can be demonstrated that meeting said match requirements would prevent the timely purchase of said parcel.

Section Army Corps of Engineers Project Cooperation Agreements. By using funds approved by Bond and Capital Improvements Acts, the Secretary of the Department of Natural Resources and Environmental Control is authorized to sign Project Cooperation Agreements with the Department of the Army and other appropriate sponsors for planning, construction, operation and maintenance for projects entered into by said Agreements.

Section Indian River Marina. (a) In accordance with the provisions of 73 Del. Laws, c. 350, § 70, the Department of Natural Resources and Environmental Control (DNREC) under the direction of the Budget Director may utilize up to $8,800,000 in funds from Twenty-First Century Fund for the Parks Endowment Account as established in § 6102A(e), Title 29, Delaware Code for the purpose of revitalizing and enhancing public amenities within the Delaware Seashore State Park in and around the Indian River Marina Complex and related support facilities as presented to the Joint Legislative Committee on Capital Improvements on May 15, 2002. DNREC will repay both the principal borrowed and interest on the principal borrowed equal to that interest lost as a result of borrowing from the Account. Repayment shall not exceed twenty years.

(b) DNREC, through the use of workshops, meetings or newsletters shall actively solicit the opinions of users of the marina complex and the general public in development of construction documents related to the Indian River Marina Complex. DNREC shall complete and submit to the Joint Legislative Committee on the Capital Improvement Program a quarterly report on the progress made on the project, expected events in the upcoming quarter, funds encumbered and spent and the number of activities conducted to keep the public informed.

Section Aquatic Center. Notwithstanding any state law to the contrary, it is the intent of the General Assembly that the Secretary of Finance, the Budget Director and the Secretary of the Department of Natural Resources and Environmental Control shall have full authority to negotiate with any interested parties the construction of a swimming pool with the funds remaining as of June 30, 2002 in appropriations Fiscal Year 1991 (40-06-04-6212), Fiscal Year 1992 (40-06-04-6212). Fiscal Year 1994 (40-06-02-6413), Fiscal Year 1995 (40-06-02-0184), Fiscal Year 1996 (40-06-02-6613), Fiscal Year 1997 (40-06-02-6713) and Fiscal Year 1999 (40-06-02-0811). Of the funds available in these appropriations, up to $50,000 may be used to develop plans and recommendations regarding the size, location, and design of the pool and any related infrastructure and amenities that may be a part of the final recommendations. The construction of the Aquatic Center shall be under the exclusive control and supervision of the Department of Natural Resources and Environmental Control. The Co-Chairs of the Joint Legislative Committee on Capital Improvements shall have the final approval authority to accept the recommendations and to direct the implementation of the recommendations.

Section Judge Morris Estate. Amend Volume 72, Laws of Delaware, Chapter 489, §89 by deleting said section in its entirety. The remaining balance shall be used for Americans with Disability Act compliance projects on the Judge Morris estate.

Section Open Space Purchase. (a)Amend Volume 72, Laws of Delaware, Chapter 489 by deleting §87 it in its entirety.

(b) The General Assembly finds that the preservation of tax parcel NCC 19-005.00-170 is in the State’s best interest. It is further the intent of the General Assembly that the first available funds to the Open Space Program in an amount not to exceed $140,000 in the Fiscal year ending June 30, 2004 shall be expended to assist in the acquisition and remediation of said parcel. Notwithstanding the provisions of any applicable State law to the