29 DE Code § 6344. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 63. Budget Commission and Appropriations|Subchapter III-B. Advanced Planning and Real Property Acquisition Fund|§ 6344. Withdrawals from the Fund.

§ 6344. Withdrawals from the Fund. (a) Before any sum is withdrawn from the Fund for advanced planning or advanced real property acquisition, a request shall be made by the state agency, reorganized school district or vocational-technical school district desiring to erect or renovate a public facility or desiring to purchase real property to the Director of the Office of Management and Budget who shall report to the Budget Commission whether the request is consistent with the State's capital program provided for by § 6342 of this title and the State's comprehensive plan and land use and development goals and policies. (b) If a state agency, reorganized school district or vocational-technical school district requests moneys from the Fund to erect or renovate a public facility, the Director of the Office of Management and Budget must determine that the proposed public facility is consistent with the State's capital program provided for by § 6342 of this title and the State's comprehensive plan and land use and development goals and policies and its construction is likely to be authorized within 3 years. When making this determination, the Director of the Office of Management and Budget shall consult with the State Planning Coordinator, Office of State Planning Coordination and consider the State's comprehensive plan, state land use and development goals and policies, state facility location plans, facility siting criteria and infrastructure impact assessment standards and any other information that might influence future land use decisions. The Director of the Office of Management and Budget shall also consult with the head of the requesting state agency, reorganized school district or vocational-technical school district. If the Director of the Office of Management and Budget makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of advanced planning for the proposed public facility. (c) If a state agency, reorganized school district or vocational-technical school district requests moneys from the Fund for real property acquisition, the Director of the Office of Management and Budget must determine that the proposed real property acquisition is consistent with the State's capital program provided for by § 6342 of this title and the State's comprehensive plan and land use and development goals and policies. When making this determination, the Director of the Office of Management and Budget shall consult with the State Planning Coordinator, Office of State Planning Coordination and consider the State's comprehensive plan, state land use and development goals and policies, state facility location plans, facility siting criteria and infrastructure impact assessment standards and any other information that might influence future land use decisions. The Director of the Office of Management and Budget shall also consult with the head of the requesting state agency, reorganized school district or vocational-technical school district. If the Director of the Office of Management and Budget makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of earnest money for the acquisition of real property. 29 Del. C. 1953, §  4922;  55 Del. Laws, c. 430, §  2;  61 Del. Laws, c. 116, §  88(a);  61 Del. Laws, c. 521, §  1;  63 Del. Laws, c. 179, §  10;  63 Del. Laws, c. 189, §§  3(a)-(c);  67 Del. Laws, c. 285, §§  15(f)-(h);  69 Del. Laws, c. 10, §  7;  74 Del. Laws, c. 367, §§  9-11;  75 Del. Laws, c. 88, §  21(13);