CHAPTER 230

FORMERLY

HOUSE BILL NO. 338

AN ACT TO AMEND THE FISCAL YEAR 2006 BOND AND CAPITAL IMPROVEMENTS ACT; PROVIDING FOR THE CREATION OF A SCHOOL CONSTRUCTION MARKET PRESSURE FUND WITHIN THE DEPARTMENT OF EDUCATION ; AMENDING TITLE 17 OF THE DELAWARE CODE RELATING TO SAFE RECREATION; AND AMENDING THE LAWS OF DELAWARE.

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

Section 1. Capitol Area Parking. Notwithstanding any other provision of state law to the contrary, the Office of Management and Budget is hereby authorized to utilize a design-build contract mechanism for the construction of a parking facility in the Capitol complex. Except as required to implement the award and administration of a design-build contract, the provisions of 29 Del. C. c. 69 shall apply to this contract.

Section 2. ERP Financials. Notwithstanding any other provision of the Delaware Code or law to the contrary, the bid evaluation, contract award and execution procedure related to the ERP Financial System Project shall allow for a maximum of 90 days between contract award and execution. This limit shall apply to any state contract with a financial systems provider to provide materials, services and public works related to the project.

Section 3. Hydraulic Rescue Tools Replacement. Amend 75 Del. Laws, c. 98, §135, by inserting on line 5 after the word “Memorial” the words “, Goodwill, Wilmington Manor, Port Penn”.

Section 4. Cleveland White Office Relocation. Of the funds remaining in appropriation New Georgetown DMV Inspection Lanes, Fiscal Year 2004 (10-02-50-0822) $500,000 shall be reprogrammed to the Department of Services for Children, Youth and Their Families for the Cleveland White Office Relocation. Said funding shall be used by the department to secure alternative office space to temporarily vacate the Cleveland White Building.

Section 5. Poultry Disease Control Equipment. The Section 1 Addendum of 75 Del. Laws, c. 98 appropriated $600,000 to the Conservation Reserve Enhancement Program. Of that amount, up to $70,000 may be used by the Department of Agriculture to purchase equipment to respond to any outbreak of poultry disease in Delaware.

Section 6. Wilmington Riverfront. Amend 75 Del. Laws, c. 98, §94 by inserting after the word “directed” as it appears on page 54, line 3 the words “, upon approval of the Director of the Office of Management and Budget and the Controller General,”.

Section 7. Design-Build Contracts. Amend 75 Del. Laws, c. 98, §118 by inserting on line 13 after the word “Program” the words “and the Director of the Office of Management and Budget”.

Section 8. State Park Facility Funds. Amend 75 Del. Laws c. 98, §85 by adding the words “and for other specified recreational and non-recreational uses.” after the word “statewide” as it appears on line 7 of said section. Further amend 75 Del. Laws c. 98, §85 by adding the words “and for other specified recreational and non-recreational uses.” after the word “facilities” as it appears on line 10 of said section.

Section 9. School Construction Fund Transfers. Amend 75 Del. Laws, c.98, §150 by deleting said section in its entirety and substituting in lieu thereof the following, “Notwithstanding any law or other provision to the contrary, the Department of Education, with the approval of the Director of the Office of Management and Budget and the Controller General, may transfer funding between major capital construction projects in order to meet changes in construction timetables. These transfers shall not authorize any changes in conditions or incur any obligations in excess of the approved Certificate(s) of Necessity.”

Section 10. Market Pressure Fund Transfers. 75 Del. Laws, c. 90, §2 appropriates monies for the Market Pressure Fund. Notwithstanding any law or other provision to the contrary, the Department of Education, with the approval of the Director of the Office of Management and Budget and the Controller General, may transfer funding between the major capital construction projects identified in said section. These transfers shall not incur any obligations in excess of the amounts identified in said section.

Section 11. School Construction Market Pressure. Notwithstanding the provisions of 29 Del. C. §7414(a), of the available premium from bonds or revenue notes sold after January 1, 2004, $10,000,000 shall be appropriated to the Department of Education (95-02-02) for a “School Construction Market Pressure Fund”. Such fund shall be administered by the Secretary of Education, with the approval of the Controller General and the Director of the Office of Management and Budget, in accordance with the provisions of this Section. These funds shall be utilized by local school districts to enable them to maintain a high level of construction quality in the environment of increased market pressure and escalating costs for the construction of new public education classrooms.

(b) This funding shall be provided to the following districts:

DISTRICT SCHOOL STATE OF DELAWARE LOCAL MATCH

Appoquinimink 1600 Pupil HS $1,949,006 $684,786

1000 Pupil MS 1,119,036 393,175

New Early Childhood Center 210,296 73,888

Brandywine 600 Pupil ES 447,538 298,359

66,000 Sq. Ft. ES 594,343 396,229

Christina 840 Pupil ES 542,474 361,649

Astro MS 795,447 530,298

Colonial New ES 945,223 465,557

Lake Forest 600 Pupil ES 540,938 135,235

NCCVT 1000 Pupil HS 1,663,491 1,108,992

Smyrna 600 Pupil ES 540,938 135,235

Polytech 18 Classroom addition 212,090 53,023

Red Clay 650 Pupil ES 439,180 292,787

TOTAL $10,000,000 $4,929,213

(c) Notwithstanding any provisions of the Delaware Code to the contrary, the local school districts are required to pay for their respective local share of each project under subsection (b) of this section. The following funds may be used to meet the required local match: Minor Capital Improvement Funds and/or Division III Equalization and/or local funds raised in excess of those required on the certificate of necessity issued by the Department of Education for the projects listed above. In order to access State funds, districts must notify the Department of Education, Office of the Controller General and the Office of Management and Budget which option the district has chosen.

(d) Notwithstanding any provisions of the Delaware Code to the contrary, the Department of Education, with the approval of the Director of the Office of Management and Budget and the Controller General, may transfer funding between the projects listed in subsection (b) of this section. These transfers shall not occur between districts nor incur any obligations in excess of the amounts listed in subsection (b).

(e) Funds appropriated by this Section shall not be subject to reversion until June 30, 2009.

Section 12. Amend 17 Del. C. §149(c)(2) by inserting after the second sentence thereof the following:

“The regulations may include provisions for recreational use agreements with public agencies or other responsible entities for State property under Department control, that the Department may determine as suitable for these activities.”

Section 13. New Markets Tax Credit Program. In the event that the Director of the Delaware Economic Development Office or the Director of the Delaware State Housing Authority and the Secretary of Finance determines that it is advisable to apply for participation in the New Markets Tax Credit Program under the U.S. Treasury Department, the Director is authorized to form a business entity or organization to apply for and manage this program on behalf of the State, as required by applicable federal legislation and regulations. Any such application for said program shall be subject to the approval of the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program and the Delaware State Clearinghouse Committee. Should such application receive final approval by the U.S. Treasury Department or other federal governmental entity charged with such authority, at least one public hearing shall be held for the purpose of presenting the program, the availability of financial assistance and the selection process and the Director of the Delaware State Housing Authority shall notify, by certified and regular mail, any state senators and representatives in whose districts any development project may be located, upon the submission of a request for financing and a decision to provide financing for such development pursuant to the New Market Tax Credit Program. In addition, the Housing Director shall so notify the Chief Executive Office of any local government in whose jurisdiction any development will be located.

Section 14. Diamond State Port Corporation – Berth #4. The Diamond State Port Corporation is authorized to proceed with designing and acquiring the necessary permits, soliciting Requests for Proposal and awarding of a final contract for the repair/replacement of Berth #4.

Section 15. Wilmington Riverfront. (a) Prior to the execution of contracts and/or the expenditure of Transportation Trust Funds, whichever shall occur first, the following projects at the Wilmington Riverfront proposed in concert with the Riverfront Development Corporation, shall require the approval of the Director of the Office of Management and Budget and the Controller General: Justison Street – Phase II and III; South Madison to Beech Street; Justison Landing Park; CSO Improvements; South Madison - Beech-Stadium; Parcel #6 – Garage; Christina River Bridge; and Christina Crescent.

(b) The future acquisition and/or sale of parcels of land the Department of Transportation acquired on Beech Street in the City of Wilmington during Fiscal Year 2006 shall be coordinated with, and require the approval of, the Delaware Economic Development Office, the Office of Management and Budget and the Office of the Controller General.

(c) The future acquisition, sale and or relocation of Delmarva properties located in the Wilmington Riverfront area shall be coordinated with, and require the approval of, the Delaware Economic Development Office, the Office of Management and Budget and the Office of the Controller General.

Section 16. Amend 75 Del. Laws, c.98, §85 deleting the amount “$2,500,000” as it appears on line 15 and inserting in lieu thereof the amount “$1,900,000”. Further amend §85, by adding a new line 17 to read as follows:

“$600,000 Park Rehabilitation”.

Section 17. 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 February 1, 2006