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SPONSOR: Rep. Heffernan & Sen. Walsh
Bush Mantzavinos
Cooke Pinkney
Osienski Poore
Gray Richardson
Smith Wilson
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE BILL NO. 305
AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL
IMPROVEMENTS ACT S OF THE STATE OF DELAWARE AND CERTAIN OF THEIR AUTHORITIES FOR THE
FISCAL YEARS ENDING JUNE 30, 2023, AND JUNE 30, 2024.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 340, Volume 83, Section 166 of the Laws of Delaware by making deletions as 1
shown by strike throughs and insertions as shown by underlines as follows: 2
Section 166. School Construction Market Pressure Contingency Fund. Section 1 Addendum of this Act 3
creates a School Construction Market Pressure Contingency Fund in the Department of Education to be 4
administered by the Secretary of Education. Notwithstanding the provisions of any other state law, the Department 5
is authorized to transfer funds based on validated market increases and in accordance with the project certificate of 6
necessity with the approval of the Director of the Office of Management and Budget and the Controller General. 7
These funds shall be used to enable these districts to maintain a high level of construction quality in the environment 8
of increased market pressure and escalating costs for the new construction of public education classrooms. 9
Notwithstanding any provisions of the Delaware Code to contrary, school districts are required to pay for their 10
respective local share of each project. School districts may use the following funds to meet the local match: Minor 11
Capital Improvement Funds, Division III Equalization, Impact Fees, and/or local funds raised in excess of those 12
required on the certificate of necessity issued by the Department of Education. 13
(a) School Construction Market Pressure Contingency Funds, which are appropriated pursuant to Section 1 14
of this Act, shall be allocated as follows: 15
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Maximum 16
District P
roject State Share
17
Appoquinimink (76/24) N
ew Summit ES $2,213,342
18
Appoquinimink (76/24) R
edding MS $18,977,965
19
Cape Henlopen (60/40) 600 S
tudent MS $7,183,839
20
New Castle Co. Vo-T
ech (62/38) Hodgson Replacement $39,502,902
21
Total $67,
878,048
22
(b) I
23
construction costs within the scope of each respective project’s Certificate of Necessity, as originally approved by 24
the Department of Education. Notwithstanding the provisions of Delaware Code to the contrary, the costs associated 25
with any expansion of scope beyond the approved Certificate of Necessity shall be considered a local obligation, 26
unless otherwise approved by the Secretary of Education, Director of the Office of Management and Budget, and 27
Controller General. 28
Section 2. Amend Chapter 83, Volume 84, Section 38 of the Laws of Delaware by making deletions as 29
shown by strike throughs and insertions as shown by underlines as follows: 30
Section 38. Federal Fund Reporting. The Office of Management and Budget shall provide a monthly 31
report to the members of the Joint Committee on Capital Improvement and the Controller General on the allocations, 32
expenditures, and unallocated balance, of those items funded through the Bipartis an Infrastructure Law (the 33
Infrastructure Investment and Jobs Act), and the State Fiscal Recovery Funds and State Capital Project Funds as 34
allocated to Delaware under the American Rescue Plan Act, and shall provide a monthly report of funds awarded or 35
allocated to the State of Delaware through the Bipartisan Infrastructure Law, (the Infrastructure Investment and Jobs 36
Act). Further, the Office of Management and Budget shall provide a biannual reporting of the program 37
accomplishments and project status of the items referenced above, due on October 1 February 15 and May 1 August 38
15 of each year. 39
Prior to any reallocation of funding S
tate Fiscal Recovery Funds and State Capital Project Funds submitted
40
in the reports listed above, the Office of Management and Budget shall notify the members of the Joint Committee 41
on Capital Improvement and the Controller General with the proposed reallocation amounts, project or program 42
details, and timelines for completion. 43 Page 3 of 9
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Any State Fiscal Recovery Funds and State Capital Project Funds funds unallocated as of January 1, 2024, 44
shall be subject to appropriation by the Joint Committee on Capital Improvement if the project is deemed in 45
compliance with applicable federal requirements and approvals. 46
Section 3. Amend Chapter 83, Volume 84, Section 95 of the Laws of Delaware by making insertions as 47
shown by underlines as follows: 48
Section 95. Polly Drummond Yard Waste. (a) Section 1 Addendum of this Act makes an appropriation 49
to the Department of Natural Resources and Environmental Control (DNREC) for Park Facility Rehab and Public 50
Recreation Infrastructure. Of that amount, funds shall be used for the continued operation of the Polly Drummond 51
Yard Waste site at a minimum of the service level consistent with Fiscal Year 2023. 52
(b) Pursuant to 83 Del. Laws Chapter 340, the Department of Natural Resources and Environmental 53
Control has worked with members of the General Assembly to pursue a permanent solution for relocation of the 54
Polly Drummond Yard Waste Site and ensure New Castle County residents have a safe and accessible drop -off 55
site. The department subsequently reported to the Co- Chairs of the Joint Committee on Capital Improvements, the 56
Director of the Office of Management and Budget and the Controller General regarding alternative sites. The 57
department shall work with the Delaware Solid Waste Authority (DSWA) to transition operations under DSWA in 58
the vicinity of the current Polly Drummond Yard Waste Site. DNREC and DSWA will provide a status report back 59
to the General Assembly and Governor by December 1, 2023, with a plan to address the alternative yard waste drop-60
off plan. 61
(c) Any alternative yard waste drop-off plan and relocation must ensure the same level of service as the 62
existing Polly Drummond Yard Waste site is continued, as per the cur rent operating rules. If the same level of 63
service, as per the current operating rules, cannot be reached at an alternative site, DNREC will ensure operations at 64
the Polly Drummond Yard are open and continued. 65
Section 4. Amend Chapter 83, Volume 84, Section 99 of the Laws of Delaware by making deletions as 66
shown by strike throughs and insertions as shown by underlines as follows: 67
Section 99. Resource, Conservation and Development. Section 1 Addendum of this Act makes an 68
appropriation to the Department of Natural Resources and Environmental Control for Resource, Conservation and 69
Development. Of this amount, $330,000$100,000 shall be used for the Oak Ridge drainage project, and $800,000 70 Page 4 of 9
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for Woodlawn Run Park, $ 67,000 for Valley Brook Drive, $50,000 for Meadowbrook Drive, $20,000 for Harlech 71
Drive, $50,000 for School House Road, and $10,000 for Hitchens Farm drainage improvements. 72
Section 5. Amend Chapter 83, Volume 84, Section 129 of the Laws of Delaware by making deletions as 73
shown by strike throughs and insertions as shown by underlines as follows: 74
Section 129. Port of Wilmington. For the purpose of restructuring the loan agreement dated November 30, 75
2001, as amended, between the Diamond State Port Corporation (DSPC) and the Transportation Trust Fund, the 76
Secretary of Transportation is hereby authorized and directed to cancel any n otes and forego all amounts owed under 77
the loan agreement including any outstanding principal and accrued or capitalized interest then payable as of such 78
date of cancellation defer the principal and interest payments to be made by the DSPC through Fiscal Year 2024. 79
The Secretary of Finance shall prepare a new amortization schedule for the loan to include recapitalized interest for 80
the foregone amounts deferred, subject to approval by the Co- Chairs of the Joint Committee on Capital 81
Improvements. 82
Section 6. Amend Chapter 83, Volume 84, Section 138 of the Laws of Delaware by making deletions as 83
shown by strike throughs and insertions as shown by underlines as follows: 84
Section 138. Cover Crop Investment. Section 1 Addendum of this act makes an appropriation to the 85
Department of Agriculture for Cover Crop Investment. For Fiscal Years 2023 and 2024, up to $400,000 may be 86
allocated to the Delaware Nutrient Management Commission to fund alternative projects that seek to improve cover 87
crop innovation, implementation, and accessibility throughout the state. The entire remaining balance of the 88
appropriation shall be divided among the three conservation districts based on a formula agreed to by the 89
Department and districts and administered as part of their respective cost share programs for cover crops. The 90
conservation districts are hereby authorized to use an amount not to exceed 10 percent of the entire appropriation for 91
direct and indirect expenses associated with administering the cover crop program. 92
Section 7. Amend Chapter 83, Volume 84, Section 160 of the Laws of Delaware by making deletions as 93
shown by strike throughs and insertions as shown by underlines as follows: 94
Section 160. School Construction Market Pressure Contingency Fund. Section 1 Addendum of this Act 95
creates a School Construction Market Pressure Contingency Fund in the Department of Education to be 96
administered by the Secretary of Education. Notwithstanding the provisions of any other state law, the Department 97
is authorized to transfer funds based on validated market increases and in accordance with the project certificate of 98 Page 5 of 9
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necessity with the approval of the Director of the Office of Management and Budget and the Controller General. 99
These funds shall be used to enable these districts to maintain a high level of construction quality in the environment 100
of increased market pressure and escalating costs for the new construction of public education classrooms. 101
Notwithstanding any provisions of the Delaware Code to contrary, school districts are required to pay for their 102
respective local share of each project. School districts may use the following funds to meet the local match: Minor 103
Capital Improvement Funds, Division III Equalization, Impact Fees, and/or local funds raised in excess of those 104
required on the certificate of necessity issued by the Department of Education. Districts may also elect to finance the 105
local match in accordance with the provisions of Chapter 21, Title 14 of the Delaware Code upon the passage of a 106
successful referendum for such purpose, or under authority granted pursuant to 14 Del. C. § 2601. The district shall 107
notify the Department of Education, Office of the State Treasurer, Office of Management and Budget, and 108
Controller General’s Office, if they elect to pursue their local match through the aforementioned bonding provisions. 109
In order to access the State funds, the district must demonstrate that the local funds are available or authorized. 110
(a) S
111
of this Act, shall be allocated as follows: 112
Maximum M
aximum
113
District P
roject State Share Local Share
114
Appoquinimink (76/24) N
ew Summit ES $698,950
115
Appoquinimink (76/24) R
edding MS $5,993,041
116
Cape Henlopen (60/40) 600 S
tudent MS $4,789,226
117
Indi
New Sussex Central $18,000,000 $12,000,000
118
Milford (74/26) M
ilford Middle School $11,100,000 $3,900,000
119
Smyrna (77/23) N
ew Elementary School $ 14,988,514 $4,477,088
120
Smyrna (
Clayton Intermediate School $9,654,018 $2,883,668
121
Smyrna (77/23) N
orth Smyrna ES $4,212,218 $1,258,195
122
New Castle Co. Vo-T
ech (62/38) Hodgson Replacement $5,036,128 $27,298,116
123
Sussex Vo-T
ech (60/40) New Sussex Vo-Tech $42,938,675 $28,625,783
124
Total $1
05,929,553 $91,924,067
125
(b) I
126
construction costs within the scope of each respective project’s Certificate of Necessity, as originally approved by 127 Page 6 of 9
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the Department of Education. Notwithstanding the provisions of Delaware Code to the contrary, the costs associated 128
with any expansion of scope beyond the approved Certificate of Necessity shall be considered a local obligation, 129
unless otherwise approved by the Secretary of Education, Director of the Office of Management and Budget, and 130
Controller General. 131
Section 8. Amend Chapter 83, Volume 84 of the Laws of Delaware by adding a new Section 171 by 132
making deletions as shown by strike through and insertions as shown by underline as follows: 133
Section 171. Community Transportation Funds. Notwithstanding any provision of Title 29 of the 134
Delaware Code to the contrary, the Department of Transportation is hereby authorized to use Community 135
Transportation Funds for a one-time reimbursement to each of the following: 136
(1) B
-compliant ramp.
137
(2) B
re Community Center in an amount of up to $100,000 for the purchase of playground
138
equipment. 139
(3) B
140
Elementary. 141
(4) C
142
(5) C
143
(6) D
144
(7) K
for drydock inspection.
145
(8) L
146
associated outfitting. 147
(9) Providence Crossing Homeowners Association in an amount of up to $100,000 for pl
ayground
148
equipment and park improvements. 149
(10) R
vehicle and
150
associated outfitting. 151
(11) R
152
(12) S
153
training classes. 154
(13) T
155 Page 7 of 9
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(14) Town of Milton in an amount of up to $31,300 for a repaving project on Reed Street. 156
(15) V
157
(16) W
158
playground project. 159
(17) W
displays at North
160
Wilmington Library Campus Hub. 161
Section 9. Amend Chapter 83, Volume 84 of the Laws of Delaware by adding a new Section 172 by 162
making deletions as shown by strike through and insertions as shown by underline as follows: 163
Section 172. Community Reinvestment Fund. Section 27 of 82 Del. Laws c. 86 appropriated funding to 164
the Community Reinvestment Fund to assist community organizations with capital infrastructure projects. Of these 165
projects, $15,000 shall be reallocated from the Veterans Victory Village to the MOT Senior Center. 166
Section 10. Amend Chapter 83, Volume 84 of the Laws of Delaware by adding a new Section 173 by 167
making deletions as shown by strike through and insertions as shown by underline as follows: 168
Section 173. DHSS Land Donation. Notwithstanding the provisions of 29 Del. C. c. 94, the Department of 169
Health and Social Services is hereby authorized to donate tax parcel 26 -035.10- 550 located at 305 W . 8
th
Street,
170
Wilmington, to the Wilmington Renaissance Corporation to be used as a public park. 171
Section 11. Amend Chapter 83, Volume 84 of the Laws of Delaware by adding a new Section 174 by 172
making deletions as shown by strike through and insertions as shown by underline as follows: 173
Section 174. Carvel State Office Building Mechanical Upgrades . The Section 1 Addendum appropriates 174
funding to the Office of Management and Budget for Carvel State Office Building Mechanical Upgrades. This 175
appropriation may be used for the Carvel State Office Building Maintenance and Restoration window replacement 176
project. 177
Section 12. Amend Chapter 83, Volume 84 of the Laws of Delaware by adding a new Section 175 by 178
making deletions as shown by strike through and insertions as shown by underline as follows: 179
Section 175. Wharton Hall Market Pressure. The Section 1 Addendum appropriates funding to the 180
Office of Management and Budget for Wharton Hall Market Pressure. This appropriation may be used for 181
construction or renovations of the Cleveland White building as market pressure increases are incurred. 182 Page 8 of 9
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Section 13. Amend Chapter 83, Volume 84 of the Laws of Delaware by adding a new Section 176 by 183
making deletions as shown by strike through and insertions as shown by underline as follows: 184
Section 176. Elbert-Palmer School Sale/Transfer. Notwithstanding any provisions or law to the contrary, 185
the Board of Education of the Christina School District is authorized to donate, sell, or transfer all or part of parcels 186
2605130241 and 2605130245, known as “Elbert-Palmer School” situated at 1212 Lobdell Street and 326 Chapel 187
Street, Wilmington, Delaware in exchange for cash. All (100%) of the value of the property received (anticipated to 188
be $1.00) shall be available to the District. The Christina School District shall keep the Department of Education, the 189
Office of Management and Budget, and the Office of the Controller General informed on the progress of the 190
disposition of the parcels. 191
Section 14. Amend Chapter 83, Volume 84 of the Laws of Delaware by adding a new Section 177 by 192
making deletions as shown by strike through and insertions as shown by underline as follows: 193
Section 177. Port Terminal Access Improvements. Section 1 of 83 Del. Laws, c.56 appropriate d funding 194
to the Department of State for Port Terminal Access Improvements. Of the appropriation, $1,200,000 may be used 195
for the demolition of the former Elbert-Palmer School and related site work. Any remaining funds may be used for 196
the Absalom Jones Performing Arts Center construction or renovation . 197
Section 15. Amend Chapter 83, Volume 84 of the Laws of Delaware by adding a new Section 178 by 198
making deletions as shown by strike through and insertions as shown by underline as follows: 199
Section 178. Caesar Rodney School District. Notwithstanding the provisions of 29 Del. c. § 7504, Caesar 200
Rodney School District’s Certificate of Necessity 2210B, originally set to expire on November 15, 2022, shall be 201
extended and shall now expire on June 30, 202 5. 202
Section 16. Amend Chapter 83, Volume 84 of the Laws of Delaware by adding a new Section 179 by 203
making deletions as shown by strike through and insertions as shown by underline as follows: 204
Section 179. Municipal Infrastructure Funds – Bowers Beach. Municipal Infrastructure Funds 205
appropriated in 82 Del. Laws c.86 to Bowers Beach for “Bowers Beach – Boatlift” may be utilized for Drainage 206
Improvement projects. 207
Section 17. Amend Chapter 83, Volume 84 of the Laws of Delaware by adding a new Section 180 by 208
making deletions as shown by strike through and insertions as shown by underline as follows: 209 Page 9 of 9
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Section 180. Summit Marina. Notwithsta nding any law or provision to the contrary, the Department of 210
Natural Resources and Environmental Control shall transfer ownership of the state-owned dredge (serial # 501390) 211
in its current condition to Summit North Marina LLC. 212
SYNOPSIS
This Act amends the Fiscal Year 2023 Bond and Capital Improvements Act to (1) list the allocations of the
School Construction Market Pressure Contingency Fund and clarify that funds cannot exceed the CN scope. Further,
this Act amends Fiscal Year 2024 Bond and Capital Improvements Act to (2) revise language adjusting Federal Fund
reporting dates to align with federal timelines; (3) ensure any alternative yard waste drop -off plan and relocation must
provide the same level of service as the existing Polly Drummond Yard Waste site; (4) reallocate Resource,
Conservation and Development funding for drainage improvement projects; (5) authorize the cancellation of any notes
and forego all amounts owed under the loan agreement between the Diamond State Port Corporation (DSPC) and the
Transportation Trust Fund; (6) authorize $400,000 of the Cover Crop Investment to be allocated to the Delaware
Nutrient Management Commission for alternative projects; (7) authorize school districts to bond, if needed, the local
match to market pressure and clarify that funds cannot exceed the scope of the Certificate of Necessity; (8) authorize
the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various
projects; (9) reallocate Community Reinvestment Funds to the MOT Senior Center; (10) authorize the Department of
Health and Social Services to donate land to the Wilmington Renaissance Corporation; (11) authorize funds to be used
for the Carvel State Office Building window replacement project; (12) authorize funding to be used for construction
or renovation of the Cleveland White building; (13) donate, sell, or transfer all or part of the property known as “Elbert-
Palmer School”; ( 14) authorize funds for the demolition of the former Elbert-Palmer School and related site work;
(15) authorize Caesar Rodney School District’s Certificate of Necessity 2210B to be extended and will now expire on
November 15, 2024; (1 6) authorize Municipal Infrastructure Funds for the Bowers Beach Boatlift to be used for
Drainage Improvement; and (17) authorize the transfer of ownership of the state-owned dredge to Summit North
Marina LLC.