State Government

Budget, Fiscal, Procurement and Contracting Regulations

CHAPTER 64A. Bond and Capital Improvement Act Policies and Procedures

§ 6401A. Intent.

The intent of this chapter is to establish the policies and procedures for implementation of the Annual Bond and Capital Improvement Act.

72 Del. Laws, c. 489, §  25

§ 6402A. Scope.

This chapter shall apply to all state departments and agencies receiving appropriations as set forth in the Annual Bond and Capital Improvement Act.

72 Del. Laws, c. 489, §  25

§ 6403A. Definitions.

As used in this chapter the terms “department” and “agency” shall mean those entities receiving an appropriation in the Annual Bond and Capital Improvement Act.

72 Del. Laws, c. 489, §  25

§ 6404A. Department of Safety and Homeland Security.

(a) The State Police shall have the primary authority to enforce traffic laws on all highways of the State, defined by the Department of Transportation as either full access control or partial access control, including but not limited to Route 1, Route 141 and the Puncheon Run Connector from Route 1 to Route 13, within municipalities in the State unless the State Police have, by specific signed agreement, authorized another jurisdiction to enforce traffic laws on such highways.

(b) Notwithstanding Chapters 63 and 69 of this title or any other statutory provision to the contrary, the Department of Safety and Homeland Security, Division of Communications is hereby granted exclusive authority to enter into agreements with private telecommunications companies to lease or license space for communication facilities on telecommunications towers and other facilities constructed for the 800 MHz Digital Trunked Radio System. The revenues received by the Department of Safety and Homeland Security Division of Communications under these agreements shall be deposited in a special fund and used for maintenance or other expenses associated with the 800 MHz Digital Trunked Radio System.

72 Del. Laws, c. 489, §  2573 Del. Laws, c. 95, §  8373 Del. Laws, c. 224, §  873 Del. Laws, c. 312, §  21374 Del. Laws, c. 110, §  13874 Del. Laws, c. 128, §  777 Del. Laws, c. 427, §§  1, 2

§ 6405A. Department of Transportation.

(a) Any funds appropriated from any source to the Department of Transportation shall be accounted for by program category as specified in the Section 1 Addendum of the Annual Bond and Capital Improvement Act. Amounts indicated for individual projects in the “Supplemental Information for Transportation Projects” are the Department’s best estimates of cost, but may vary depending on bid results and project designs. The descriptions and limits are general in nature and are to be used only for project identification purposes. It is the intent of the General Assembly that the Department of Transportation make all reasonable efforts to ensure the timely completion of projects subject to the limitation of the total funds available in each program.

(b) The Department is directed to continue inspecting the condition of bridges and pavements in the State and to use the Road System Program funds made available by the Annual Bond and Capital Improvement Acts and the Bridge Program, the Rehabilitation and Reconstruction Program, and the Pave and Rehabilitation Program funds made available by previous acts to ensure the bridge repairs and replacements and pavement resurfacings and rehabilitations are carried out in an expeditious manner based on the Department’s priority and management systems.

(c) It is the intent of the General Assembly that the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program shall be delegated the responsibility of approving modifications to the list of paving and rehabilitation projects in the “Road System” portion of the “Supplemental Information for Transportation Projects” when the Department of Transportation needs such modifications. These changes may be made subject to the Co-Chairs’ approval, when:

(1) The Department has completed or determined that it has sufficient funds on hand to complete projects in the program category; or

(2) When projects so listed cannot be constructed in the construction season covered by the Annual Bond and Capital Improvement Act because of conflicting public works projects in progress or scheduled, or for other compelling reasons; and

(3) Funds appropriated to the Road System program category are available for use on additional or other projects fitting within that category.

In modifying the list, the Department must substitute the next suitable paving and rehabilitation project or projects from the most recently approved Department of Transportation Capital Transportation Program or based on the Department’s Road System priority and management systems. A copy of the changes should be forwarded to the Director of the Office of Management and Budget and Controller General.

(d) Any funds appropriated from the Community Transportation Fund (XX/00) of the “Supplemental Information For Transportation Projects” attached hereto may be designated for Greenways having a transportation component as long as those Greenways will be dedicated to public use. Legislators may designate moneys to be appropriated into a general pooled account to be used statewide, or may reserve moneys for Greenways projects to be designated at a later time, or may designate specific sums of moneys to specific Greenways projects. For the purposes of this section, a project shall be deemed to have a “transportation component” whenever it involves walkways, pathways, bikeways, trails or other routes for the movement of people or goods. Project estimates shall be prepared by the Department of Natural Resources and Environmental Control (DNREC) and processed through the Department of Transportation’s (DOT) Community Transportation Fund procedure for inclusion in the Capital Improvement Act by the General Assembly. Funds appropriated through an Annual Bond and Capital Improvement Act will be funded from the Transportation Trust Fund and transferred to DNREC by DOT. DNREC will be responsible for the design, rights-of-way purchasing, construction and maintenance of such Greenways and establishing a process similar to DOT’s process for administering the Community Transportation Fund. The Delaware Transportation Authority shall have the authority to use its powers granted under Chapter 13 of Title 2 to acquire property for Greenways projects having a transportation component dedicated to public use, and to transfer the property so acquired to the Department of Natural Resources and Environmental Control or to a local government accepting responsibility for the projects’ development, ownership and operation.

(e) The Department of Transportation is hereby authorized to explore and/or construct feasible alternatives to traffic signals, including, but not limited to, geometric design changes to intersections or crossovers, in the vicinity of those locations where traffic signals may currently exist or otherwise be considered as warranted.

(f) The Delaware Transit Corporation (“DTC”) administers a program to provide assistance to certain qualifying agencies for the transportation of the elderly, persons with disabilities, and thereafter for others needing transportation services, under the provisions of 49 U.S.C. § 5310 (“5310 Program”). The 5310 Program requires the qualifying agencies to agree to comply with the program’s rules and regulations, and the agencies compete for funding in an annual certification/approval process. The normal match of federal funds to other funds is on an 80/20 funds basis. The following provisions shall apply in the DTC’s administration of the 5310 Program.

(1) In ranking applicants for the 5310 Program, enhanced scoring of the applications will be given first to those qualifying applicants emphasizing the replacement of their existing fleet, and second to those qualifying applicants who provide a contributing share commitment larger than the normal nonfederal ratio, thus expanding the leverage provided by the federal funds available for the 5310 Program. These additional funds shall not be used as a replacement for Transit System funds or federal funds for this program, but shall be applied to this program in addition to the amount authorized in the Annual Bond and Capital Improvement Act.

(2) In administering the 5310 Program, the DTC shall take steps to assure that the qualifying applicant agencies use these vehicles first for program related needs, then to meet the transportation needs of elderly persons and persons with disabilities who do not participate in the agencies’ programs, and finally for other local transportation needs, as required by federal regulations. In keeping these commitments and providing DTC-originated trips beyond the qualifying agencies program needs, those agencies receiving funds from the Kent/Sussex reimbursable line (55-06-01-85-83) Kent and Sussex Transportation shall be reimbursed at a rate of twice the applicable DTC fare. All other agencies providing such DTC-originated trips shall be reimbursed at a rate of 3 times the applicable DTC fare. Agencies providing such trips will be responsible for collection of and accounting for fares in accordance with DTC guidelines. Receipt of such fares and reimbursement to the qualifying agencies shall occur on a monthly basis between DTC and the agencies.

72 Del. Laws, c. 489, §  2573 Del. Laws, c. 95, §§  84(e)(2)-(4)75 Del. Laws, c. 88, §  21(13)83 Del. Laws, c. 37, § 29

§ 6406A. Department of Education.

(a) Purchase orders and change orders for school construction projects which are coded to a different school construction project line within the applicable school district will be approved upon review and determination by the Department of Education and Office of Management and Budget that full compliance of § 2.4.3B(1) and (2) of the State of Delaware School Construction Manual has been met. All such purchase orders or change orders must reference the appropriate projects, lines of authorization and appropriate section of the School Construction Manual.

(b) 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.

72 Del. Laws, c. 489, §  2574 Del. Laws, c. 308, §  1275 Del. Laws, c. 88, §  21(13)