CHAPTER 226

FORMERLY

SENATE BILL NO. 242

AN ACT MAKING A ONE TIME SUPPLEMENTAL GENERAL FUND APPROPRIATION OF FIVE MILLION DOLLARS TO THE DEPARTMENT OF EDUCATION FOR THE CREATION OF AN ENERGY FUND.

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

Section 1. There is hereby appropriated $5,000,000 in General Funds to the Department of Education (95-02-02) for an “Energy Fund”. Such fund shall be administered by the Secretary of Education, with the approval of the Director of the Office of Management and Budget and the Controller General, in accordance with the provisions of this Act. These funds shall be received by reorganized school districts, vocational-technical school districts and charter schools for energy cost increases resulting from, but not limited to, the increased cost of natural gas and electricity, limited refining capacity, and increased consumption.

Section 2. Of the funds appropriated in Section 1 of this Act, $2,500,000 shall be allocated to the reorganized schools districts, vocational-technical school districts and charter schools during Fiscal Year 2006 based on each reorganized district’s/vocational-technical district’s/charter school’s proportionate share of certified Division II units as determined by the Department of Education as of September 30, 2005.

Section 3. Of the funds appropriated in Section 1 of this Act, $2,500,000 shall be allocated to the reorganized schools districts, vocational-technical school districts and charter schools during Fiscal Year 2007 based on each reorganized district’s/vocational-technical district’s/charter school’s proportionate share of certified Division II units as determined by the Department of Education as of September 30, 2006.

Section 4. Reorganized school districts, vocational-technical school districts and charter schools shall only utilize these funds to supplement the level of state funding for energy costs.

Section 5. Funds appropriated by this Act shall not be subject to reversion until June 30, 2007

Approved January 26, 2006