TITLE 29

State Government

Budget, Fiscal, Procurement and Contracting Regulations

CHAPTER 63. BUDGET COMMISSION AND APPROPRIATIONS

Subchapter III-B. Advanced Planning and Real Property Acquisition Fund


(a) A nonappropriated special fund is created to be known as the "Advanced Planning and Real Property Acquisition Fund," hereafter referred to in this subchapter as "Fund."

(b) The Fund shall be interest earning with such interest credited to the Fund.

(c) The Fund shall be expended for the advanced planning of proposed public facilities in the State, including, but not limited to, the cost of architectural sketches, general site plans, preliminary engineering, general design services, legal, accounting and consulting services or such other services as may be deemed appropriate. Public facilities shall include public schools, health-care facilities, public safety and correctional institutions, libraries (if co-located) and other public buildings.

(d) The Fund may be expended for earnest money of up to 10 percent for the acquisition of real property (including any options to purchase and any improvements thereon) by state agencies, reorganized school districts and vocational-technical school districts. The Fund may not be expended for highway right-of-way acquisition.

29 Del. C. 1953, § 4921; 55 Del. Laws, c. 430, § 2; 60 Del. Laws, c. 685, § 1; 63 Del. Laws, c. 179, § 10; 63 Del. Laws, c. 189, § 3(a); 67 Del. Laws, c. 285, § 15(b)-(e); 69 Del. Laws, c. 10, § 7; 74 Del. Laws, c. 367, §§ 5-8.;

(a) Before any sum is withdrawn from the Fund for advanced planning or advanced real property acquisition, a request shall be made by the state agency, reorganized school district or vocational-technical school district desiring to erect or renovate a public facility or desiring to purchase real property to the Director of the Office of Management and Budget who shall report to the Budget Commission whether the request is consistent with the State's capital program provided for by § 6342 of this title and the State's comprehensive plan and land use and development goals and policies.

(b) If a state agency, reorganized school district or vocational-technical school district requests moneys from the Fund to erect or renovate a public facility, the Director of the Office of Management and Budget must determine that the proposed public facility is consistent with the State's capital program provided for by § 6342 of this title and the State's comprehensive plan and land use and development goals and policies and its construction is likely to be authorized within 3 years. When making this determination, the Director of the Office of Management and Budget shall consult with the State Planning Coordinator, Office of State Planning Coordination and consider the State's comprehensive plan, state land use and development goals and policies, state facility location plans, facility siting criteria and infrastructure impact assessment standards and any other information that might influence future land use decisions. The Director of the Office of Management and Budget shall also consult with the head of the requesting state agency, reorganized school district or vocational-technical school district. If the Director of the Office of Management and Budget makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of advanced planning for the proposed public facility.

(c) If a state agency, reorganized school district or vocational-technical school district requests moneys from the Fund for real property acquisition, the Director of the Office of Management and Budget must determine that the proposed real property acquisition is consistent with the State's capital program provided for by § 6342 of this title and the State's comprehensive plan and land use and development goals and policies. When making this determination, the Director of the Office of Management and Budget shall consult with the State Planning Coordinator, Office of State Planning Coordination and consider the State's comprehensive plan, state land use and development goals and policies, state facility location plans, facility siting criteria and infrastructure impact assessment standards and any other information that might influence future land use decisions. The Director of the Office of Management and Budget shall also consult with the head of the requesting state agency, reorganized school district or vocational-technical school district. If the Director of the Office of Management and Budget makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of earnest money for the acquisition of real property.

29 Del. C. 1953, § 4922; 55 Del. Laws, c. 430, § 2; 61 Del. Laws, c. 116, § 88(a); 61 Del. Laws, c. 521, § 1; 63 Del. Laws, c. 179, § 10; 63 Del. Laws, c. 189, § 3(a)-(c); 67 Del. Laws, c. 285, § 15(f)-(h); 69 Del. Laws, c. 10, § 7; 74 Del. Laws, c. 367, §§ 9-11; 75 Del. Laws, c. 88, § 21(13).;

Any moneys for advanced planning or for advanced real property acquisition provided by the Budget Commission to a state agency, reorganized school district or vocational-technical school district which shall not be used by the agency or district within 36 months shall be refunded to the Budget Commission to be redeposited in the Fund.

29 Del. C. 1953, § 4923; 55 Del. Laws, c. 430, § 2; 63 Del. Laws, c. 189, § 3(a); 67 Del. Laws, c. 285, § 15(i); 69 Del. Laws, c. 10, § 7; 74 Del. Laws, c. 367, § 12.;

(a) Upon the funding of a capital project for which advance planning funds or advance real property acquisition funds have been provided from the Fund, a refund shall be made to the Fund from such funding by the State Treasurer from the appropriation made or other source of funds provided for the public facility or real property.

(b) In the event that a capital project, for which advanced planning funds have been provided from the Fund is not included in a capital improvement act within 3 years, the Budget Commission may declare the project inactive and request the State's bond issuing officers to reimburse the Fund from the Bond Reversion Account, § 7418 of this title notwithstanding.

(c) If federal funds are received as reimbursement for any real property purchased with the Fund, such moneys shall be deposited as a refund to the Fund.

(d) In the event real property is purchased and then plans for utilization of the site are abandoned, the state agency, reorganized school district, or vocational-technical school district, with approval of the Budget Commission, may sell the real property pursuant to Chapter 17 of Title 14 or Chapter 94 of this title, as applicable, and shall deposit the receipts to the Fund.

29 Del. C. 1953, § 4924; 55 Del. Laws, c. 430, § 2; 62 Del. Laws, c. 407, § 7; 63 Del. Laws, c. 179, § 10; 63 Del. Laws, c. 189, § 3(a); 67 Del. Laws, c. 285, § 15(j)-(l); 69 Del. Laws, c. 10, § 7; 74 Del. Laws, c. 367, §§ 13, 14.;

In the case of a school district, use of funds authorized by this subchapter to purchase real property may constitute authorization for the sale of district bonds by the State after referendum as provided in § 7506 of this title and after the inclusion of said authorization in a subsequent state capital improvement program.

29 Del. C. 1953, § 4935; 56 Del. Laws, c. 128, § 1; 63 Del. Laws, c. 179, § 11; 63 Del. Laws, c. 189, § 4(a); 69 Del. Laws, c. 10, § 7; 74 Del. Laws, c. 367, § 16.;

Transferred by 74 Del. Laws, c. 367, § 15, effective, July 19, 2004.