WHEREAS, funding in the Capital Transportation Program is not sufficient to meet the needs of subdivision streets; and
WHEREAS, the budget allocated to the Community Transportation Fund can be used flexibly on projects other than subdivision street reconstruction and rehabilitation and is, itself, not sufficient as a funding source for subdivision street maintenance and repair; and
WHEREAS, over the last 3 fiscal years the General Assembly has appropriated $5 million to the Community Transportation Fund to be used by the Department as part of a pilot program to accelerate the improvement and quality of subdivision streets; and
WHEREAS, the Department’s February 2021 report to members of the General Assembly, “Subdivision Street Report and Analysis”, as requested by House Concurrent Resolution No. 4, indicated that there are “281 miles [of subdivision streets] in poor condition and 139 miles in very poor condition”; and
WHEREAS, the Department’s report estimated a total cost of $202 million to bring very poor and poor subdivision streets to good condition and an annual $20 million to maintain all subdivision streets; and
WHEREAS, there is broad agreement that a new approach is needed to fund and implement the needed maintenance and reconstruction on these subdivision streets.
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 151st General Assembly of the State of Delaware, the Senate concurring therein, that the Subdivision Street Funding Task Force (“Task Force”) is established to study and make findings and recommendations regarding funding and implementing the needed maintenance and reconstruction of subdivision streets identified by the Department of Transportation (“Department”) in the Subdivision Street Report and Analysis provided in response to House Concurrent Resolution No. 4 (151st General Assembly) (“Subdivision Street Report and Analysis”).
BE IT FURTHER RESOLVED that the Task Force is comprised of the following members, or a designee selected by the member serving by virtue of position:
(1) A State Representative from the majority caucus, appointed by the Speaker of the House of Representatives, who serves as co-chair.
(2) A State Representative from the minority caucus, appointed by the Speaker of the House of Representatives.
(3) A State Senator from the majority caucus, appointed by the President Pro Tempore of the Senate, who serves as co-chair.
(4) A State Senator from the minority caucus, appointed by the President Pro Tempore of the Senate.
(5) The Co-Chairs of the Joint Capitol Improvement Committee.
(6) The Secretary of the Department of Transportation.
(7) The Controller General.
(8) The Director of the Office of Management and Budget.
BE IT FURTHER RESOLVED that the Task Force must do all of the following:
(1) Review how subdivision streets are currently funded and maintained.
(2) Review the findings of the Department’s Subdivision Street Report and Analysis.
(3) Review and propose options to address the needs identified in the Subdivision Street Report and Analysis.
(4) Review and propose funding mechanisms to pay for the needs identified in the Subdivision Street Report and Analysis.
(5) Develop a short-term and long-term plan to address the needs identified in the Subdivision Street Report and Analysis.
BE IT FURTHER RESOLVED that a quorum of the Task Force is a majority of the Task Force’s members.
BE IT FURTHER RESOLVED that:
(1) Official action by the Task Force, including making findings and recommendations, requires the approval of a quorum of the Task Force.
(2) The Task Force may adopt rules necessary for its operation. If the Task Force does not adopt rules or if the adopted rules do not govern a given situation,
Mason’s Manual of Legislative Procedure
governs.
(3) The co-chairs of the Task Force may invite individuals with relevant expertise to participate in Task Force discussions.
(4) A member of the Task Force with the ability to designate another individual to attend a Task Force meeting must provide the designation in writing to the co-chairs. An individual attending a meeting for a member as a designee has the same duties and rights as the member.
BE IT FURTHER RESOLVED that the co-chairs of the Task Force are responsible for guiding the administration of the Task Force by doing, at a minimum, all of the following:
(1) Setting a date, time, and place for the initial organizational meeting.
(2) Notifying the individuals who are members of the Task Force of the formation of the Task Force
and, if applicable, notifying a person of the need to nominate or appoint a member.
(3) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Task Force.
(4) Sending to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Director of the Division of Research of Legislative Council, after the first meeting of the Task Force, the names of the members of the Task Force as follows:
a. By position, including if serving as a designee of a member serving by virtue of position.
b. By appointment, including the entity the member represents.
(5) Providing meeting notices, agendas, and minutes to the Director of the Division of Research of Legislative Council.
(6) Ensuring that the final report of the Task Force is submitted to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, with copies to all members of the General Assembly, the Governor, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives.
BE IT FURTHER RESOLVED that the Task Force must hold its first meeting no later than October 1, 2021.
BE IT FURTHER RESOLVED that General Assembly is responsible for providing reasonable and necessary support staff, including a legislative attorney, and materials for the Task Force to carry out its mission.
BE IT FURTHER RESOLVED that the co-chairs of the Task Force must compile a final report containing a summary of the Task Force’s work regarding the issues assigned to it under this Concurrent Resolution, including any findings and recommendations, and submit the final report no later than March 1, 2022.
