§ 1335 — Maintaining adequate supplies of road materials [Operation of this statute was suspended by 85 Del. Laws, c. 64, § 113]

(a)Legislative findings. —The General Assembly finds that the interests of the State are not well served when its ability to obtain a ready supply and competitive prices for critical materials used in its transportation projects, such as asphalt and concrete, is impeded due to the consolidation of ownership of facilities for the processing and/or manufacture of such materials in specific geographic areas. This situation has arisen in Kent and Sussex Counties, and may potentially occur in New Castle County. Therefore, the General Assembly determines that the State should be empowered to enter into appropriate arrangements to reduce the impacts of these consolidations.

(b) Any provision of the Delaware Code notwithstanding, the Department of Transportation is hereby authorized and directed to develop and implement a program to obtain a ready supply of critical road-building materials, including but not limited to asphalt and/or concrete, for its highway construction and reconstruction projects. This program may include the acquisition of land, raw materials, and equipment to operate facilities for the processing and manufacture of road materials. The Department may also contract with private entities for the operation of such facilities, pursuant to Chapter 69 of Title 29.

(c) The provisions of §§ 1309, 1319, 1321, and 1329 of this title shall apply to the Department’s actions pursuant to this section, including any contractual arrangements for these facilities, as if conducted under the auspices of the Delaware Transportation Authority, except that during its planning process the Department shall meet and confer with the land use officials in the county in which such facilities will be located, to obtain their comments on the proposal.

(d) Notwithstanding subsection (c) of this section, the authorities granted to the Department in aforementioned section, the Department shall not contract for any additional capacity with a private firm or firms without first securing the approval of the State Representative and Senator in whose legislative districts the proposed road materials facility would be located.

Legislative History

74 Del. Laws, c. 308, § 109 ; 76 Del. Laws, c. 288, § 101 ; 77 Del. Laws, c. 87, § 92 ; 77 Del. Laws, c. 329, § 100 ; 78 Del. Laws, c. 76, § 103 ; 78 Del. Laws, c. 292, § 88 ; 79 Del. Laws, c. 79, § 98 ; 79 Del. Laws, c. 292, § 106 ; 80 Del. Laws, c. 78, § 106 ; 80 Del. Laws, c. 299, § 96 ; 81 Del. Laws, c. 59, § 97 ; 81 Del. Laws, c. 303, § 100 ; 82 Del. Laws, c. 86, § 96 ; 82 Del. Laws, c. 244, § 103 ; 83 Del. Laws, c. 56, § 114 ; 83 Del. Laws, c. 340, § 112 ; 84 Del. Laws, c. 83, § 111 ; 84 Del. Laws, c. 297, § 108 ; 85 Del. Laws, c. 64, § 113