Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2300 - Division of Planning and Policy
2312 - Regulations Governing the Practice and Procedure for Administering the Transportation Infrastructure Investment Fund
Section 2312-4.0 - Infrastructure Grants
Universal Citation: 2 DE Admin Code 2312-4.0
Current through Register Vol. 28, No. 3, September 1, 2024
4.1 Grant Description. Proceeds of a Grant are to be used to reimburse work performed for renovation, construction or any other type of improvements to Transportation Infrastructure.
4.2 Eligibility Standards. To be eligible for a Grant, a Project must have at least one Public Endorser and expand employment in the State. Grants would only be authorized for Transportation Infrastructure located within the public right-of-way or on public land.
4.3 Project Approval Standards
4.3.1 Findings. As a precondition to
approving a Grant, the Council shall find that the Project would create a
significant number of direct, permanent, quality, full-time jobs, and the
associated Transportation Infrastructure improvements would benefit the public
by improving infrastructure within the State. The Council shall apply the
following standards, where applicable, in making such findings and
determinations:
4.3.1.1 Employment Standard.
The Council will review information concerning the Applicant as submitted in an
Application. As a condition precedent to making a Grant, the Council shall
determine that the Applicant intends to provide gainful employment within the
State. The standards to be considered by the Council will include, but not be
limited to, the number of permanent, quality, full-time jobs created as a
result of the Project, the wage scale applicable to persons to be employed as a
result of the Project, the effect of the Project on the tax base of the State
and/or the county or municipality in which the Project is to be located, and
the expected impact that the Project will have on the development of new or
expanded economic activity within the State.
4.3.1.2 In determining whether the Project
will assist in creating "direct, permanent, quality full-time jobs" in the
State, the Applicant shall demonstrate to the Council that the Applicant,
operator or principal user thereof has the capability to operate and maintain
such Project efficiently and that the Applicant has not been convicted of a
major labor law violation or of a violation involving moral turpitude by any
agency or court of the federal government or agency or court of any state in
the 2-year period immediately prior to the approval of the Applicant's
Application. In this regard, the Council may, in its discretion, rely on a
sworn affidavit of the Applicant or an officer of the Applicant or an opinion
of counsel of the Applicant to such effect. If an Applicant has been convicted
of such a violation, the Council, in its sole discretion, may decline to
consider the Application. If requested by the Council, similar proof shall be
obtained from any operator or principal user of the Project.
4.3.1.3 Financial Stability and Economic
Sustainability. The Applicant shall demonstrate to the Council that it
possesses financial stability and can also demonstrate that the Project is
economically sustainable. The Applicant must meet all of the following:
4.3.1.3.1 Validly exist as a corporation,
limited liability company, or other regulated entity.
4.3.1.3.2 Be in good standing under the laws
of this State, duly-qualified to do business.
4.3.1.3.3 Be in good standing in each other
jurisdiction in which its conduct of business requires such
qualification.
4.3.1.3.4 Possess
business and professional licenses required under Titles 24 and
30.
4.3.1.4 Public
Purpose Standard. When applying the "public purpose standard", the Council
shall take into consideration whether the Transportation Infrastructure
improvements associated with the Project will enhance the infrastructure of the
state, such that it would have a positive impact on Delaware's future economic
health and competitiveness. Factors to be considered by the Council shall
include, but not be limited to, whether the Transportation Infrastructure
improvements will benefit the greater public and not just the Applicant,
whether the Transportation Infrastructure improvements will help attract
additional economic development to the area where the Project is being built,
whether the Transportation Infrastructure would have otherwise required the use
of State funding to be completed.
4.3.2 Clawback Provision. The Council shall
determine appropriate clawback provisions for each Applicant under which the
Applicant may be required to repay some or all of the Grant.
4.3.3 Post-Grant Period - Annual Reporting.
Unless waived or amended by the Council, the Applicant shall, for a period of
five (5) years following the award of Grant, submit to the Division of Small
Business, on an annual basis, financial statements in a form acceptable to the
Council, a progress report on the status of the project, including, but not
limited to, the number of permanent, quality, full-time jobs created or saved
as a result of the Project and the wage scale applicable to such persons, any
economic impact of the funding (such as sales, costs, etc.) and any other
information required by the Council. Each applicant shall report to the
Division of Small Business no later than June 30 of each of the years for which
the report is required.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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