Delaware General Assembly

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 contrary, the Department of Natural Resources and Environmental Control may, upon purchase, deed this parcel to the Town of Elsmere.

Section Park Rehabilitation. The Section 1 Addendum to this Act appropriates $620,000 to the Department of Natural Resources and Environmental Control for Park Rehabilitation. The appropriation shall be allocated as follows:

Section Combined Sewer Overflows. The Section 1 Addendum of this Act appropriates $2,000,000 to the Department of Natural Resources and Environmental Control for Combined Sewer Overflows in the City of Wilmington, subject to at least a 1 to 1 match from the City of Wilmington prior to disbursement.

DEPARTMENT OF SAFETY AND HOMELAND SECURITY

Section Helicopter Sale. During the Fiscal year ending June 30, 2004, any funds remaining from the sale of a Bell helicopter by the State Police Aviation unit (45-06-06) shall be retained by the Department and used to support the avionics and equipment needs for the State Police Aviation unit.

Section State Police Minor Capital Improvements. The Section 1 Addendum to this Act contains an appropriation of $510,000 for Minor Capital Improvements and Equipment for the Department of Safety and Homeland Security. Of this amount, up to $10,000 shall be used by the State Police (45-06-01) for the purchase of two sound podiums.

DEPARTMENT OF TRANSPORTATION

Section General Provisions. Notwithstanding the provisions of any state law to the contrary, the Department of Transportation ("Department") is hereby authorized and directed to carry out the following legislative mandates:

Section AstraZeneca Project. The Department of Transportation is authorized to reimburse DEDO for the cost of such lands needed solely for such transportation improvements, subject to compliance with all necessary federal regulations that limit the timing of such expenditures by the department. The per acre cost to DEDO for all the lands DEDO acquires for the AstraZeneca Project shall be used as the per acre charge to the department for such reimbursement. Other acreage acquired by DEDO for the AstraZeneca Project needed for area-wide stormwater management improvements, wetlands mitigation, and/or historic preservation regulatory compliance, shall be made available to the Department without cost for its use in constructing such improvements, facilities, and or complying with historic preservation regulations.

Section Maintenance and Operations Facilities. The following building structures and facilities constructed or to be constructed within the Department of Transportation’s operating rights-of-way for the Interstate Highway System and State Route 1, that are used to assist in the operational and maintenance activities for such roads, shall not be subject to zoning, subdivision, or building code ordinances or regulations by any political subdivision of the State: a) North District, Chapman Road Facility (equipment shed, roof replacement, and HVAC); b) Canal District, Tybouts Corner Maintenance Area (equipment sheds, salt storage facility, and one-story area office building); c) North District, Talley Road Maintenance Area or its replacement (equipment sheds, storage facility, salt storage facility and security/privacy barrier); d) Canal District, SR 1 North of North Smyrna Interchange (equipment shed, salt storage facility, and one-story area office building); and e) Canal District, SR 1 at SR299 Interchange (equipment shed and one-story area office building). The Department shall not construct any such facility or make improvements in any such existing facility without first conducting a public workshop to describe such plans and gather public input into the effect of such plans.

Section Transit Bus Shelter Advertising. The General Assembly acknowledges the work of the Delaware Transit Corporation (“DTC”) in developing and implementing a transit shelter improvement program. Part of the program involves the use of contractual advertising on the downstream panel of such shelters, to offset the capital and maintenance costs of such shelters, as contemplated in 17 Del. C. c. 11. The General Assembly finds that such advertising is appropriate when located in most areas, but is inappropriate in certain areas. Notwithstanding any other state or local law to the contrary, contractual advertising under the DTC program shall be permitted, except in the following locations: (a) within a residential subdivision, except at its entrance; (b) within 50 feet of a residence; (c) within 100 feet of any property designated as an historic resource under federal, state, or local law; or (d) within 150 feet of areas experiencing continually high incident rates of drug offenses or crimes against persons, measured on a calendar-year basis, as designated by the State Bureau of Identification or the applicable local police agency.

Section Route 7 and Valley Road Project. Pursuant to previous legislation directing the Department to design and construct certain permanent drainage improvements, as well as certain other transportation, recreational, cultural, educational and open space improvements in the area of the newly completed intersection of Route 7 and Valley Road in New Castle County, the Department has developed a master plan for the implementation of such improvements, hereafter referred to as the (“Project”). Notwithstanding the provisions of any state laws or regulations to the contrary, the Department is now authorized and directed to:

Section Road System. Section 1 Addendum of this Act appropriates the sum of $323,890,200 (State $226,010,500; Federal $96,729,700; Other $1,150,000) for projects within the Road System classification. Notwithstanding the provisions of any state law to the contrary, the General Assembly further defines its intent with respect to those appropriations as follows:

(a) Surface Treatment Pavement Conversion Program. The Department is authorized to continue operating its Surface Treatment Pavement Conversion Program, under the following provisions:

(b) Wilmington Riverfront. The State acknowledges that the lands on and near the Christina Riverfront (the “Riverfront”) constitute an area of critical importance to the vitality of the State, New Castle County and the City of Wilmington. The State also acknowledges that this is a shared vision and responsibility of the State, its subdivisions and instrumentalities, and that it is clearly in the public interest to maximize both the private and public employment, as well as the public recreational, cultural, and economic development opportunities available at the Riverfront. The State, with and through the Department and other departments of government, must work creatively and cooperatively with other public entities and private interests, including employers located at or near the Riverfront, to increase and expedite employment, economic development, transportation, cultural and recreational opportunities.

In furtherance of these recognized public interests and public purposes, and notwithstanding the provisions of any State or local law, ordinance or regulation to the contrary, the Department is hereby authorized and directed to take such actions and enter into such contracts, with public and private (whether for profit or not-for-profit) entities as it deems necessary and appropriate for the planning, design, acquisition, renovation, construction, or disposal of such assets as may be required to enhance the transportation, employment, economic development, educational, recreational, and cultural use and development of properties on or near the Riverfront. In pursuing these objectives, the Department shall pay special heed to the needs of all forms of transportation, by means including but not limited to automobiles, and shall insure that adequate facilities are designed and located at such points so as to maximize the use of transit, pedestrian, bicycle and such other modes as may be appropriate for the area. The Department shall report to the Governor and the General Assembly by May 1, 2004 on its progress toward reducing overall traffic congestion and improving access to and use of the Wilmington Amtrak Station; increasing availability of public parking for visitors, commuters, and employers in and around the Riverfront (including, without limitation, the expedited construction, repair, and overall continued operation, management and maintenance of any such facilities); and locating, relocating, constructing, renting or disposing of Department facilities in and around the Riverfront in connection with any of the foregoing. In this regard, the State specifically recognizes all such actions, expenditures, agreements, projects, uses, and activities to be public purposes and public uses, in furtherance of the public interest.

(c) Bicycle, Pedestrian and Other Improvements. The department may work in conjunction with any political subdivision of the state and with any private organization to plan and construct such bicycle and pedestrian traffic as may be appropriate. In carrying out this program, the department may take into consideration in scheduling its projects, those in which the affected local community is willing to contribute a matching share (whether in cash, rights of way, or other in-kind services) in order to accomplish the project.

(d) Transportation Enhancements. It is the intent of the General Assembly that the Department provide notice to all state agencies, political sub-divisions within the state, and other parties of the availability of, and rules governing, the Transportation Enhancements program. Such notice shall include, but not be limited to, the definitions of eligible projects, the requirements for matching funds, and such other requirements as may be necessary to insure that any interested entity may work to become a participating recipient under the program.

Section Grants and Allocations. The Section 1 Addendum of this Act appropriates the sum of $26,100,000 (State) for projects within the Grants and Allocations classification. Notwithstanding the provisions of any state law to the contrary, the General Assembly further defines its intent with respect to those appropriations as follows:

(a) The sum of $20,100,000 (State) shall be used for the Community Transportation Fund, in accordance with the rules and regulations as adopted by the Joint Legislative Committee on the Capital Improvements Program, as amended from time to time.

(b) The sum of $6,000,000 (State) shall be used for the Municipal Street Aid program, pursuant to the provisions of 30 Del. C. § 51.

Section Transit System. The Section 1 Addendum of this Act appropriates the sum of $12,007,900 (State $7,326,400 and Federal $4,681,500) for projects within the Transit System classification. Notwithstanding provision of any state law to the contrary, the General Assembly further defines its intent with respect to those appropriations as follows:

(a) 5310 Program. The Delaware Transit Corporation is authorized to expend up to $1,266,000 (State $999,600; Federal $266,400) from the Transit System classification (73/00) appropriated in this Act for the 5310 Program, administered by the Federal Transit Authority.

Section Support System. The Section 1 Addendum of this Act appropriates the sum of $63,924,400 (State $48,250,100, Federal $15,674,300) for projects within the Support System classification. Notwithstanding the provisions of any state law to the contrary, the General Assembly further defines its intent with respect to those appropriations as follows:

(a) Transportation Facilities. The Section 1 Addendum of this Act appropriates $8,516,000 (State) for the improvement and adaptation of Departmental facilities.

(b) E-ZPass. The General Assembly finds that it is in the State’s best interest to improve the overall level of availability of E-ZPass technology to the traveling public in Delaware, and to improve the level of customer service provided to E-ZPass users. In this regard, the General Assembly hereby establishes an E-ZPass Reserve Account, which shall be maintained within the Transportation Trust Fund as a separate account. These funds may only be used by the Department in furtherance of its efforts to improve the availability and quality of the E-ZPass assets and services. In March 2003, the Regional Consortium, of which Delaware was a founding member in 1995, was dissolved. The funds appropriated in the Section 1 Addendum, and others as may be appropriated by the General Assembly, may be used to satisfy any and all claims resulting from Delaware’s membership in the Regional Consortium.

(c) Port of Wilmington. The sum of $5,015,000 appropriated in the Section 1 Addendum to this Act shall be transferred from the General Fund to the Transportation Trust Fund and shall be used only for the following investments at the Port of Wilmington:

Section DelDOT Work Impacts on Private Property and its Owners.

(a) When the Department and/or any of its contractors determines that it would be in the best interests of the State to undertake construction/reconstruction work past 9:00 pm or before 7:00 am, and such work is to be conducted immediately adjacent to a residential neighborhood, the Department shall first ensure that residents of the neighborhood are notified in a timely fashion of the Department’s desire to undertake such work. It must explain the benefits and costs to the State and the neighborhood of working under regular hours and the proposed extended hour schedule. Such notification shall include a description of the proposed work to be conducted, the proposed use of any equipment that may cause noise, vibration or odor disruptions to the neighborhood, and an estimate of the time required to complete the project. The Department may proceed with its extended hours work if it secures approval from a majority of the residents of the affected neighborhood, and, pursuant to the provisions of the Delaware Code, it shall offer temporary relocation to any residents who request such relocation.

(b) If the Department determines that the proposed work (regardless of its scheduled time) will produce noise that exceeds the applicable noise ordinances of the appropriate jurisdiction, the Department shall ensure that it seeks and receives a waiver from that jurisdiction before commencing the work.

(c) If the Department determines that the proposed work may cause any vibration or other damage to neighboring property, it shall complete a pre-work survey of the potentially affected properties to determine the base-line condition of those properties. It shall monitor the properties during construction to insure that any vibration or other damage is minimized. If any damage does occur, the Department must reimburse the private property owners pursuant to the provisions of the Delaware Code.

The Secretary of the Department may waive the provisions of this section if he/she determines that any such work is necessary in order to respond effectively to an emergency caused by a natural disaster, an accident, or a failure of a transportation investment.

Section Subdivision Signage . The Department has adopted as its standard for newly constructed sub-divisions a decorative sign that includes the name of the subdivision and a logo of the State’s famous patriot, Caesar Rodney. These new signs shall be installed at each newly approved sub-division and shall be paid for by the developer(s) of such sub-division. Existing sub-divisions may request the Department to install these new signs (in place of the green and white signs currently used by the Department). Such requested replacement signs shall be paid for by the sub-division or from Community Transportation Funds allocated by a legislator requesting such signs. The Department shall replace existing standard signs damaged by vandalism, accident, or the ravages of time with standard signs under its regular maintenance program, unless the decorative alternative has been requested under the provisions of this section.

Section Eden Hill Farm. The State acknowledges that the lands in the City of Dover known as the Eden Hill Farm, and adjacent undeveloped lands in the City of Dover and Kent County, (all collectively referred to herein as the “Farm”) constitute an area of critical importance to the vitality of the State, Kent County, and the City of Dover. The State also acknowledges that this is a shared vision and responsibility of the State, its subdivisions and instrumentalities, and that it is clearly in the public interest to maximize both the private and public employment, as well as the public educational, recreational, cultural, and economic development opportunities available at the Farm. The State, with and through the Department of Transportation (the “Department”) and other departments of government, must work creatively and cooperatively with other public entities and private interests, including employers located at or near the Farm, to increase and expedite employment, economic development, transportation, cultural, and recreational opportunities.

In furtherance of these recognized public interests and public purposes, and notwithstanding the provisions of any State or local law, ordinance or regulation to the contrary, the Department is hereby authorized and directed to take such actions and enter into such contracts, with public and private (whether for profit or not-for-profit) entities as it deems necessary and appropriate for the planning, design, acquisition, renovation, construction, or disposal of such assets as may be required to enhance the transportation, employment, economic development, educational, historic and open space preservation, recreational, and cultural use and development of properties on or near the Farm. In pursuing these objectives, the Department shall pay special heed to the needs of all forms of transportation, by means including but not limited to automobiles, and shall insure that adequate facilities are designed and located at such points so as to maximize the use of transit, pedestrian, bicycle, and such other modes as may be appropriate for the area. The Department shall report to the Governor and the General Assembly by May 1, 2004 on its progress toward reducing overall traffic congestion and improving access to and use of North Street, Saulsbury Road, and the West Dover Development District; increasing availability of all transportation assets for visitors, commuters, and employers in and around the Farm (including, without limitation, the expedited construction, repair, and overall continued operation, management, and maintenance of any such assets); and the preservation of important historic and open space assets. In this regard, the State specifically recognizes all such actions, expenditures, agreements, projects, uses, and activities to be public purposes and public uses, in furtherance of the public interest.

Section Safety Programs. Amend 73 Delaware Laws Chapter 350, Section 91 by adding the following after the last sentence thereof: “As used in this section, local law enforcement agencies shall include counties, municipalities, towns, and cities within the State. Funds shall be distributed based upon the local law enforcement agencies' actual strength of full-time sworn officers as reported to the State of Delaware as of July 2002. The Department of Transportation shall provide a report of the distribution of these funds to the Budget Director and the Controller General on a quarterly basis until such funds have been completely distributed.”

Section McMullen Farm and City of Wilmington Property, Governor Printz Boulevard.

The General Assembly finds that it is in the State’s best interest for the Department of Transportation (“DelDOT”) to enter into certain agreements in order to promote the prompt and efficient development of the McMullen Farm (“Farm”), located adjacent to State Routes 1, 7, and U.S. Route 40, and the former Delaware Oldsmobile property (“Oldsmobile”), now owned by the City of Wilmington, on Governor Printz Boulevard, for use by the Bank One Corporation and other potential employers, and to promote the planning and securing of community open space and parkland. Accordingly, DelDOT is authorized and directed to:

DelDOT shall pursue these agreements on the conditions that:

The agreements authorized by this section shall be submitted to the Co-Chairs of the Joint Committee on Capital Improvements Program for their approval. The Secretary of DelDOT and the Director of the Delaware Economic Development Office shall report to the Governor and the General Assembly no later than January 15, 2004 on the progress of public and private developments on both parcels, and by January 31 of each succeeding year until all transportation and other improvements undertaken have been successfully completed.

Section Laurel Redevelopment Corporation. Notwithstanding any other provisions of the Delaware Code to the contrary, the Department of Transportation may enter into contractual agreements with the Laurel Redevelopment Corporation ("Corporation") with respect to the use of Community Transportation Funds on those properties owned or managed by the Corporation. The terms of such contractual agreements shall be reviewed and approved prior to execution by a board consisting of four legislative representatives to be appointed by the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program, two Department of Transportation representatives and two Corporation representatives. The board shall also provide oversight of any Community Transportation Funds allocated to Corporation projects pursuant to these agreements, but any use of such funds shall be limited to the support of projects and/or land uses that will be kept open and available for public access.

Section Amend 2 Del. C. §2001(e) by deleting the words “up to four” on line 4;

Section Amend 2 Del. C. § 2001(f) by deleting the section in its entirety and substituting in lieu thereof the following:

Section Amend 2 Del. C. § 2003(a) by deleting the section in its entirety and substituting in lieu thereof the following:

Section Amend 2 Del. C. §2003 (b), by striking the phrase “provided, however,” as it appears after the phrase “any source whatsoever;” and inserting in lieu thereof the following: “provided, however, that the Secretary shall only enter into agreements regarding a transportation project that has been specifically authorized by the General Assembly, and that such authorization includes all material terms of the proposed project, including without limitation any terms concerning repayment of debt or capital to or for the benefit of any private entity; further provided” and by deleting the text beginning with the phrase “(i) for which construction funding has been authorized” through the phrase “for said transportation system or” and substituting in lieu thereof the following:

Section Amend 2 Del. C. §2003 (c) by deleting Section 2003(c) (1) and (c) (2) in their entirety and substituting in lieu thereof the following:

Section Amend 2 Del. C. §2003(e)(2) by adding the following text after the last sentence of that Section the following:

Section Amend 2 Del. C. §2003(f) by striking the phrase “§§ 6912, 6914, and 6920” as it appears each time in said subsection and replacing it with the phrase “§ 6960”, and inserting after the first sentence of subsection (f) the following: “Compliance with § 6960 of Title 29, or in the alternative, federal prevailing wage laws, shall be required without regard to the source of funds for a project”.

Section Amend 2 Del. C. §2003(g)(1)(i), by striking the words “(1) The Department may” and the text of (i) in its entirety and substituting in lieu thereof the following:

Section Amend 2 Del. C. §2003(g)(2) by striking the section in its entirety and substituting in lieu thereof the following:

Section Amend 2 Del. C. §2004 by deleting the first sentence of § 2004(a) in its entirety and substituting in lieu thereof the following:

Section Amend 2 Del. C. §2005 by inserting the word “leasing” after the word “construction” in the first sentence thereof;

Section Amend 2 Del. C. §2006(a) by deleting the word “shall” in the first sentence thereof and substituting in lieu thereof the word “may”;

Section Amend 2 Del. C. §2009(b) to insert after the word “install” the word “lease”;

Section Amend 2 Del. C. §2012 by deleting the word “and” following §2012(d)(3) and by inserting the following language:

Section Amend 2 Del. C. §2012(b)(6) by inserting after the phrase “excess toll revenues” the phrase “with the approval of the General Assembly”.

DEPARTMENT OF AGRICULTURE

Section Farmland Preservation Operating Expenses. Of the funds that remain in the Department of Finance, Office of the Secretary, Fiscal Year 2001 appropriation (25-01-01-8712), it is the intent of the General Assembly that:

Section Equine Economic Impact Study. The Section 1 Addendum to this Act appropriates $75,000 to the Department of Agriculture to perform an Equine Economic Impact Study. Said study shall provide information including, but not limited to a survey of equine numbers, acres in equine operations and the value of equine assets. The Department shall provide preliminary results to the Joint Legislative Committee on the Capital Improvement Program no later than May 1, 2004 with a final report submitted to the Committee by May 1, 2005.

FIRE PREVENTION COMMISSION

Section Hydraulic Rescue Tools Replacement: It is the intent of the General Assembly that the funds authorized in the Section 1 Addendum of this Act be used to reimburse the Christiana, Clayton, Dover, Milton, South Bowers and the joint station to be opened for Lewes and Rehoboth volunteer fire companies. Upon submitting the receipts of sale, each company will be reimbursed up to $7,500 by the Fire Prevention Commission - State Fire School (75-02-01).

HIGHER EDUCATION

UNIVERSITY OF DELAWARE

Section University of Delaware. It is the intent of the General Assembly that funds in the amount of $2,000,000 previously appropriated to the Delaware Economic Development Office for the Delaware Biotechnology Institute and currently held in accounts DBI-DEDO 0001 Life Sciences Fund and DBI-DEDO 0102 Life Sciences Fund at the University of Delaware be used for the renovation project at Wolfe Hall. The University of Delaware has agreed to and will repay these funds to the Delaware Biotechnology Institute from University funds with $1,000,000 to be received on or before June 30, 2006 and the second repayment of $1,000,000 on or before June 30, 2007.”

DELAWARE TECHNICAL AND COMMUNITY COLLEGE

Section College-wide Asset Preservation Program. Section 1 of this Act provides funds for Delaware Technical and Community College (90-04-00) for the College-wide Asset Preservation Program. This appropriation may be used for the acquisition of computer hardware and software.

Section Instructional Space Expansion. The funds remaining in the Delaware Technical and Community College, Fiscal Year 2003 appropriation (90-04-04-0809), Fiscal Year 2002 appropriation (90-04-04-9600) and Fiscal Year 2001 appropriation (90-04-04-0809) may be used to equip as well as to lease, purchase or rent additional classroom space in order to increase the space available to expand the Nursing Program of the College.

DEPARTMENT OF EDUCATION

Section School Building and Custodial Verification. By September 30 of each calendar year, each school district shall notify the Department of Education of its intended use for each school building and administrative office building. School districts shall notify the department about changes in the use of such buildings to include the sale of property, closing of a building, lease of property to another agency, and additions and renovations. The Department of Education shall establish a standard reporting mechanism that school districts shall utilize to gather and submit required information.

By October 30 of each calendar year, the Department of Education shall verify and reissue custodial allocations to each school district based on the information obtained annually.

Section Neighborhood Schools. During the Fiscal Year ending June 30, 2002, $2,500,000 was appropriated to the Department of Education for Neighborhood Schools Plans. This appropriation is intended to offset local documented costs incurred by the school districts for the development, approval and implementation of their neighborhood schools plans pursuant to 14 Del. C. § 223 and 72 Del. Laws, c. 287. The reimbursement criteria for documented, allowable costs shall be determined by the Budget Director and Controller General, in consultation with the Department of Education. In no such instance shall reimbursements be made for costs incurred by a local school district prior to April 20, 2000.

Allocation of the funds appropriated shall be made by the Budget Director and Controller General, in consultation with the Department of Education for costs associated with the following: (a) submission of a neighborhood schools plan to the State Board of Education, (b) approval of such plan by the State Board of Education and (c) completed analysis and design of alternative attendance feeder patterns and/or alternative grade configurations. Such reimbursements may be used by the school districts for any general education purpose. Any funds remaining subsequent to these allocations may be applied to the state share of funding for capital construction related to an approved neighborhood schools plan.

Notwithstanding the provisions of 72 Del. Laws, c. 287 to the contrary, the funds herein appropriated and allocated to the local school districts constitute the transition costs contemplated by 72 Del. Laws, c. 287 and all plans must be implemented within 18 months of receiving said transition costs pursuant to 14 Del. C. § 223(d) and (f). If a school district is unable to document local costs pursuant to this section, the district must implement its Neighborhood School Plan within 18 months of State Board of Education approval of such Plan.

Nothing in this section or 72 Del. Laws, c. 287 shall be construed to exempt local school districts from going through the normal Certificate of Need process.

Section Land Donation for School Construction. Any land donated to a school district with an approved major capital improvement program shall be required to return to the state one-half of the state share amount originally budgeted for land purchase costs. In such case, the district shall be entitled to keep the remaining one-half state share amount, as well as the full local share amount in accordance with the certificate of necessity.

Section Channin and Old Mill Lane School. The General Assembly directs the Budget Director, Director of Economic Development Office and the Controller General to explore the feasibility of disposition and reuse of the parcels of land occupied by the former Channin School and Old Mill Lane School. Notwithstanding any provision of the Delaware Code to the contrary and with the consent of the Co-Chairs of the Bond Bill, the Budget Director, Controller General and the Secretary of Administrative Services shall have the authority to proceed with the disposition of said properties. The affected school district shall be entitled to funds proportional to the initial purchase percentage. Remaining state funds shall be transferred to the Department Natural Resources and Environmental Control for the purpose of the development of recreational opportunities in Brandywine Hundred.

Section School Construction Market Pressure. It is the intent of the General Assembly that the sum of $4,247,700 appropriated to the Department of Education in Section 1 of this Act be utilized by the Indian River School District to enable them to maintain a high level of construction quality in the environment of increased market pressure and escalating costs. This funding will be provided to the following districts:

DISTRICT SCHOOL STATE LOCAL MATCH

Indian River 1,000-Pupil HS $1,767,700 $1,178,433

Indian River 1,500-Pupil HS $2,480,000 $1,653,300

Notwithstanding any provisions of the Delaware Code to the contrary, the local school district is required to pay for the local share of each project under this section. The following funds may be used to meet the required local match: Minor Capital Improvement Funds and/or Division III Equalization. Districts may also elect to finance the local match in accordance with the provisions of Chapter 21, Title 14 of the Delaware Code upon passage of a successful referendum for such purpose. In order to access the state funds, district must notify the Department of Education, the Budget Director and the Office of the Controller General which option the district has chosen.

Section Minor Capital Improvements. It is the intent of the General Assembly that the sum of $7,113,762 allocated in Section 1 of this Act be used for minor capital improvements to school buildings in the following amounts. Districts must use the funds in the amounts below on projects listed on the facility assessment website hosted by the Department of Education.

Maximum Maximum

School District State Share Local Share Total Cost

Appoquinimink $332,486 $221,657 $554,143

Brandywine 610,276 406,851 1,017,127

Special 8,435 0 8,435

Christina 1,101,497 734,331 1,835,828

Special 39,397 0 39,397

Colonial 589,686 393,124 982,810

Special 10,065 0 10,065

New Castle Vo Tech 323,322 0 323,322

Red Clay 889,102 592,735 1,481,837

Special 14,378 0 14,378

Caesar Rodney 329,783 219,855 549,638

Special 18,788 0 18,788

Capital 346,864 231,243 578,107

Special 5,751 0 5,751

Lake Forest 196,294 130,863 327,157

Milford 215,331 143,554 358,885

Polytech 108,030 0 108,030

Smyrna 186,401 124,267 310,668

Cape Henlopen 238,049 158,699 396,748

Special 11,694 0 11,694

Delmar 58,608 39,072 97,680

Indian River 435,723 290,482 726,205

Special 15,337 0 15,337

Laurel 115,027 76,685 191,712

Seaford 197,041 131,361 328,402

Sussex Vo-Tech 115,698 0 115,698

Woodbridge 109,161 72,774 181,935

Campus Community 31,920 0 31,920

East Side Charter 6,442 0 6,442

Kuumba Academy 11,733 0 11,733

Marion T. Academy 33,818 0 33,818

M.O.T. Charter 30,195 0 30,195

Newark Charter 31,115 0 31,115

Positive Outcomes 4,486 0 4,486

Providence Creek 27,089 0 27,089

Sussex Academy 17,887 0 17,887

Thomas A. Edison 43,078 0 43,078

Wilmington 53,775 0 53,775

Total to Schools 6,913,762 3,967,553 10,881,315

Vocational Equipment 85,000 56,667 141,667

State Board of 115,000 76,667 191,667

Education

TOTAL $7,113,762 $4,100,887 $11,214,649