Bill Text: PA HB2289 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing for the capital budget for the fiscal year 2010-2011; itemizing public improvement projects, transportation assistance projects and redevelopment assistance capital projects to be constructed or acquired or assisted by the Department of General Services, the Department of Community and Economic Development and the Department of Transportation, together with their estimated financial costs; authorizing the incurring of debt without the approval of the electors for the purpose of financing the projects to be constructed, acquired or assisted by the Department of General Services, the Department of Community and Economic Development or the Department of Transportation; stating the estimated useful life of the projects; providing an exemption; providing for limitation on certain capital projects and for delegation of duties relating to a capital budget project to the University of Pennsylvania; and making appropriations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-07 - Act No. 47 [HB2289 Detail]

Download: Pennsylvania-2009-HB2289-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NO. 3267 PRINTER'S NO. 4092
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2289 Session of2010
INTRODUCED BY D. EVANS, MARCH 5, 2010
SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JULY 2, 2010
AN ACT
Providing for the capital budget for the fiscal year 2010-2011; <--
itemizing public improvement projects, transportation
assistance projects and redevelopment assistance capital
projects to be constructed or acquired or assisted by the
Department of General Services, the Department of Community
and Economic Development and the Department of
Transportation, together with their estimated financial
costs; authorizing the incurring of debt without the approval
of the electors for the purpose of financing the projects to
be constructed, acquired or assisted by the Department of
General Services, the Department of Community and Economic
Development or the Department of Transportation; stating the
estimated useful life of the projects; providing an
exemption; providing for limitation on certain capital
projects and for delegation of duties relating to a capital
budget project to the University of Pennsylvania; and making
appropriations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title and construction.
(a) Short title.--This act shall be known and may be cited
as the Capital Budget and Project Itemization Act of 2010-2011. <--
(b) Supplements.--A reference to this act shall be deemed to
include a reference to the supplements to this act.
(c) Capital Facilities Debt Enabling Act.--The provisions
and definitions of Chapter 3 of the act of February 9, 1999
(P.L.1, No.1), known as The Capital Facilities Debt Enabling
Act, shall apply to this act to the extent they are not
inconsistent with this act.
Section 2. Overall limitations on debt to be incurred for
capital projects.
The maximum principal amount of additional debt to be
incurred during the 2010-2011 fiscal year, and thereafter until
the enactment of the 2011-2012 capital budget specifying the
maximum debt for the 2011-2012 fiscal year, for capital projects
specifically itemized in a capital budget pursuant to section
7(a)(4) of Article VIII of the Constitution of Pennsylvania, and
the fund to be charged with the repayment of such debt, shall,
with respect to each category of capital projects, be as
follows:
Category Amount Fund
(1) Public Improvement Projects:
(i) Buildings and structures $890,000,000 General Fund or Special Fund as applicable
(2) Furniture and equipment 25,000,000 General Fund or Special Fund as applicable
(3) Transportation assistance projects 175,000,000 General Fund <--
(3) Transportation assistance projects 212,000,000 General Fund <--
(4) Redevelopment assistance projects 225,000,000 General Fund
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(5) Flood control projects 35,000,000 General Fund
(6) Bridge projects 200,000,000 General Fund or Motor License Fund
TOTAL $1,550,000,000 <--
TOTAL $1,587,000,000 <--
Section 3. Effective date. <--
This act shall take effect July 1, 2010, or immediately,
whichever is later.
Section 3. Total authorizations. <--
(a) Public improvements.--The total authorization for the
additional capital projects in the category of public
improvement projects itemized in section 4 and to be acquired or
constructed by the Department of General Services, its
successors or assigns, and to be financed by the incurring of
debt, shall be $28,060,000.
(b) Transportation assistance.--The total authorization for
the capital projects in the category of transportation
assistance projects itemized in section 5 with respect to which
an interest is to be acquired in or constructed by the
Department of Transportation, its successors or assigns, and to
be financed by the incurring of debt, shall be $9,559,000.
(c) Redevelopment assistance.--The total authorization for
the additional capital projects in the category of redevelopment
assistance capital projects itemized in section 6 for capital
grants by the Department of Community and Economic Development,
its successors or assigns, and to be financed by the incurring
of debt, shall be $298,250,000.
Section 4. Itemization of public improvement capital projects.
Additional capital projects in the category of public
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improvement projects to be constructed or acquired by the
Department of General Services, its successors or assigns, and
to be financed by the incurring of debt, are hereby itemized,
together with their respective estimated financial costs, as
follows:
Project TotalProject Allocation
(1) Department of Military and Veterans Affairs
(i) Honesdale Readiness Center, Wayne County
(A) Renovate existing Honesdale Readiness Center and upgrade antiterrorism protection measures
Project Allocation 4,560,000
(Base Project Allocation - $4,000,000)
(Design and Contingencies - $560,000)
(2) State System of Higher Education
(i) Millersville University
(A) Pennsylvania Academy of Music property acquisition and building modifications
Project Allocation 13,500,000
(Base Project Allocation - $13,500,000)
(3) Pennsylvania Industrial Development Authority
(i) Westmoreland County
(A) Construction, infrastructure, rehabilitation and other related costs at the Sony plant site
Project Allocation 10,000,000
Section 5. Itemization of transportation assistance projects.
(a) Rural and intercity rail.--Additional capital projects
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in the category of transportation assistance projects for rural
and intercity rail service projects to be constructed or with
respect to which an interest is to be acquired by the Department
of Transportation, its successors or assigns, and to be financed
by the incurring of debt, are hereby itemized, together with
their respective estimated financial costs, as follows:
Project TotalProjectAllocation
(1) Adams County
(i) Gettysburg & Northern Railroad Co.
(A) Construct 775 linear feet of track which will extend two turnouts
Project Allocation 250,000
(ii) Temple Inland
(A) Rehabilitate existing line and road crossing and construct new track
Project Allocation 120,000
(2) Allegheny County
(i) Leetsdale Industrial
(A) Track rehabilitation and new construction at various locations throughout the industrial park
Project Allocation 625,000
(ii) Mol-Dok, Inc.
(A) Rehabilitate track and turnouts and rebuild several internal grade crossings
Project Allocation 300,000
(iii) Pittsburgh, Allegheny & McKees Rocks Railroad Company
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(A) Rehabilitate and construct track at McKees Rocks yard
Project Allocation 285,000
(3) Beaver County
(i) Colona Transfer LP
(A) Rehabilitate tracks and turnouts within existing yard
Project Allocation 700,000
(ii) Horsehead Corporation
(A) Rehabilitate tracks and grade crossing within the Monaca facility
Project Allocation 140,000
(4) Berks County
(i) Dyer Quarry Incorporated
(A) Rehabilitate track and extend former tail track
Project Allocation 335,000
(5) Bucks County
(i) Junell Corporation/Adv. Lube
(A) Rehabilitate track and install unloading equipment
Project Allocation 340,000
(6) Clinton County
(i) South Avis Realty
(A) Construct 2,363 feet of new track and three turnouts, and track rehabilitation
Project Allocation 505,000
(7) Crawford County
(i) JM Eagle
(A) Construct two 200-foot industrial rail
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spurs and rehabilitate 400 feet of existing track
Project Allocation 130,000
(8) Erie County
(i) Greater Erie Industrial Development Corporation
(A) Rehabilitate track and turnouts
Project Allocation 560,000
(9) Lackawanna County
(i) Delaware Lackawanna Railroad
(A) Rehabilitate bridges, including timbers; replace 3,000 cross ties and one mile of rail; and raise, line and surface five miles
Project Allocation 345,000
(10) Lancaster County
(i) Lancaster Propane
(A) Construct track, including turnout, on Norfolk Southern mainline
Project Allocation 250,000
(11) Luzerne County
(i) Hazleton Creek Properties, LLC
(A) Construct track
Project Allocation 250,000
(ii) Redevelopment Authority of Luzerne County
(A) Rehabilitation on the Wilkes-Barre Secondary and Kingston Branch, including ties and resurfacing
Project Allocation 205,000
(12) Lycoming County
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(i) Glen O. Hawbaker, Inc.
(A) Construct track to extend existing siding across public road onto Hawbaker property
Project Allocation 390,000
(ii) Lundy Industrial Realty, LP
(A) Construct track for loading and unloading operations
Project Allocation 250,000
(13) Mercer County
(i) Performance Processing Ventures, LLC
(A) Install mainline turnout and build new 400-foot siding with a derail and bumping post
Project Allocation 195,000
(14) Mifflin County
(i) Standard Steel, LLC
(A) Rehabilitate 1,200 feet of track and turnouts
Project Allocation 210,000
(15) Northumberland County
(i) ConAgra Foods
(A) Construct track at Milton, PA, distribution center
Project Allocation 250,000
(16) Schuylkill County
(i) Carbon County Railroad Commission
(A) Rehabilitate Hometown High Bridge, including bridge timber, ties, bridge approach surfacings, rail, hand railings
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and walkways and other repairs as necessary
Project Allocation 700,000
(ii) Premium Fine Coal
(A) Construct 600-foot siding
Project Allocation 220,000
(17) Somerset County
(i) PBS Coals, Inc.
(A) Rehabilitate ten miles of track on the Cambria Branch
Project Allocation 694,000
(18) Tioga County
(i) Wellsboro & Corning Railway Co.
(A) Track rehabilitation and maintenance, including installation of cross ties, raise, line and surface track
Project Allocation 180,000
(19) Westmoreland County
(i) Three Rivers Marine and Rail Terminal LP
(A) Replace bridge ties and rehabilitate 1,350 feet of track
Project Allocation 200,000
(20) Multiple Counties
(i) Bradford and Wyoming Counties
(A) Rehabilitate rail infrastructure, including ties, on Lehigh Railway
Project Allocation 230,000
(ii) Cameron, Luzerne, McKean and Tioga Counties
(A) Construct new transloading facility,
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including upgrade of existing track, installation of truck scales, horizontal and vertical conveying systems and new track with unloading pits at D and I Silica
Project Allocation 700,000
Section 6. Itemization of redevelopment assistance projects.
Additional capital projects in the category of redevelopment
assistance projects for capital grants by the Department of
Community and Economic Development, its successors or assigns,
authorized under the provisions of the act of May 20, 1949
(P.L.1633, No.493), known as the Housing and Redevelopment
Assistance Law, and redevelopment assistance capital projects
and to be financed by the incurring of debt, are hereby
itemized, together with their respective estimated financial
costs, as follows:
Project TotalProject Allocation
(1) Allegheny County
(i) County projects
(A) Acquisition, construction, infrastructure and other related costs for a state-of-the-art biologics manufacturing facility
Project Allocation 30,000,000
(B) Additional capital for infrastructure improvements and construction, Southwestern Pennsylvania Economic Conversion Center for green products and
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applied research as authorized in Act 83 of 2006
Project Allocation 8,000,000
(2) Beaver County
(i) Borough of Ambridge
(A) Construction, infrastructure and other related costs for mixed-use development in the downtown corridor
Project Allocation 5,000,000
(3) Berks County
(i) City of Reading
(A) Acquisition, construction, infrastructure and other related costs for the expansion of a food processing facility
Project Allocation 3,000,000
(4) Bradford County
(i) Borough of Towanda
(A) Construction, infrastructure and other related costs for mixed-use development in the downtown corridor
Project Allocation 5,000,000
(B) Construction, renovations, infrastructure and other related costs for the expansion of a manufacturing facility and company headquarters
Project Allocation 2,500,000
(5) Bucks County
(i) Bristol Township
(A) Construction, renovations and
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infrastructure improvements in the Bucks County Enterprise Zone
Project Allocation 5,000,000
(ii) Falls Township
(A) Construction, infrastructure and other related costs at the Keystone Industrial Port Complex
Project Allocation 15,000,000
(6) Cambria County
(i) Borough of Cresson
(A) Acquisition, construction, infrastructure and other related costs for the Mount Aloysius College Convocation Center
Project Allocation 10,000,000
(ii) City of Johnstown
(A) Acquisition, construction, infrastructure and other related costs for the John P. Murtha Center for Public Policy
Project Allocation 10,000,000
(7) Cumberland County
(i) East Pennsboro Township
(A) Acquisition, renovations and construction of a new facility for Highmark Blue Shield
Project Allocation 4,000,000
(8) Dauphin County
(i) City of Harrisburg
(A) Redevelopment of the Furlow Building on
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North Third Street in the Midtown section of Harrisburg
Project Allocation 4,000,000
(9) Delaware County
(i) City of Chester
(A) Rehabilitation and enhancement of the Union Square Neighborhood Revitalization District, including blight removal, streetscape, remediation and new construction
Project Allocation 10,000,000
(ii) Upper Darby Township
(A) Acquisition, construction, infrastructure and other related costs for the retail development of a 35-acre site in Upper Darby
Project Allocation 5,000,000
(10) Elk County
(i) City of St. Marys
(A) Acquisition, construction, infrastructure and other related costs for a hotel
Project Allocation 3,000,000
(11) Erie County
(i) City of Erie
(A) Acquisition, construction, infrastructure, redevelopment and other related costs for the Rexam Warehouse Facility expansion project
Project Allocation 3,000,000
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(12) Franklin County
(i) Antrim Township
(A) Construction, renovations and infrastructure improvements for an industrial facility
Project Allocation 2,000,000
(13) Lackawanna County
(i) City of Scranton
(A) Construction and other related costs for the redevelopment of a vacant former junior high school building on Quincy Street in the Hill section of the city
Project Allocation 5,000,000
(14) Lancaster County
(i) City of Lancaster
(A) Construction and other related costs of a commercial/retail development at College Hill at North Charlotte Street and Harrisburg Pike
Project Allocation 2,500,000
(15) Lawrence County
(i) City of New Castle
(A) Construction, renovations and other related costs for the expansion of industrial operations
Project Allocation 2,000,000
(16) Lehigh County
(i) City of Allentown
(A) Infrastructure, construction and other related costs for a waste-to-energy
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facility
Project Allocation 2,500,000
(ii) Upper Saucon Township
(A) Construction, renovations, infrastructure and other related costs for a headquarters facility for a Fortune 100 global company
Project Allocation 10,000,000
(17) Luzerne County
(i) Borough of Dallas
(A) Construction and other related costs for the redevelopment of an abandoned historic former school house on Church Street
Project Allocation 5,000,000
(ii) City of Hazleton
(A) Acquisition, construction, infrastructure and other related costs for a 20-megawatt frequency regulation plant
Project Allocation 5,000,000
(iii) City of Wilkes-Barre
(A) Acquisition, construction and other related costs for an indoor recreational facility at King's College
Project Allocation 3,000,000
(18) Mercer County
(i) City of Hermitage
(A) Construction, renovations and infrastructure improvements for an
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industrial facility
Project Allocation 4,000,000
(ii) City of Sharon
(A) Expansion of the Sharon Regional Medical Center, including construction of a parking garage
Project Allocation 10,000,000
(19) Montgomery County
(i) County projects
(A) Construction, renovations and infrastructure improvements for an industrial facility
Project Allocation 1,500,000
(ii) Borough of Norristown
(A) Acquisition, construction and other related costs for a mixed-use commercial/retail development within the boundary of Fornance, Wood and Locust Streets
Project Allocation 7,500,000
(20) Northampton County
(i) City of Bethlehem
(A) Renovations, construction and other related costs for property located at Polk and Third Streets
Project Allocation 1,500,000
(ii) Borough of Wilson and City of Easton
(A) Renovations, construction and other related costs for the former Dixie Cup Corporation manufacturing facility
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Project Allocation 4,500,000
(21) Philadelphia County
(i) City of Philadelphia
(A) Construction, infrastructure and other related costs for mixed-use development on Gray's Ferry Corridor
Project Allocation 5,000,000
(B) Construction of a Comprehensive Applied Research/Educational facility at Drexel University, including related costs
Project Allocation 10,000,000
(C) Acquisition, infrastructure, construction and other related costs for Norris Square Civic Association's mixed-use complex
Project Allocation 5,000,000
(D) Acquisition, infrastructure, construction and other related costs for the American Revolution Center
Project Allocation 20,000,000
(E) Infrastructure, construction and other related costs for an inpatient specialty hospital at the Wills Eye Institute
Project Allocation 1,000,000
(F) Acquisition, infrastructure, construction and other related costs for a facility at the Philadelphia Navy Yard for commercial, industrial or multipurpose use
Project Allocation 7,500,000
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(G) Acquisition, infrastructure, construction and other related costs for development by ASPIRA, Inc., of Philadelphia at the Cardinal Dougherty High School
Project Allocation 5,000,000
(H) Acquisition, infrastructure, construction and other related costs for redevelopment of the Tasty Baking Company facility at Fox and Roberts Streets, including adjacent areas
Project Allocation 15,000,000
(I) Infrastructure, construction, renovation and other related costs for the Independence Visitor Center
Project Allocation 5,000,000
(J) Construction, demolition, land acquisition, infrastructure, redevelopment and other related costs for Philadelphia University, including the Arlen Specter Library
Project Allocation 10,000,000
(K) Land acquisition, site preparation, renovation, demolition, construction, infrastructure and other related costs for campus expansion and facility improvements at the Philadelphia College of Osteopathic Medicine
Project Allocation 750,000
(L) Construction and other related costs
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for mixed-use retail and hotel project at Fourth and Race Streets
Project Allocation 10,000,000
(M) Construction, infrastructure, redevelopment and other related costs for a new Community Legal Services building
Project Allocation 3,000,000
(22) Washington County
(i) Borough of California
(A) Acquisition, infrastructure, construction and other related costs for a hotel by California University of Pennsylvania
Project Allocation 5,000,000
(23) Multiple Counties
(i) County projects
(A) Acquisition, construction, infrastructure and other related costs for and development of 45 acres located along Broad Street and State Road 113 and County Line Road in Hilltown, Bucks County, and Souderton, Montgomery County
Project Allocation 7,500,000
Section 7. Debt authorization.
(a) Public improvements.--The Governor, Auditor General and
State Treasurer are hereby authorized and directed to borrow
from time to time in addition to any authorization heretofore or
hereafter enacted, on the credit of the Commonwealth, subject to
the limitations provided in the current capital budget, money
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not exceeding in the aggregate the sum of $28,060,000 as may be
found necessary to carry out the acquisition and construction of
the public improvement projects specifically itemized in a
capital budget.
(b) Transportation assistance.--The Governor, Auditor
General and State Treasurer are hereby authorized and directed
to borrow from time to time in addition to any authorization
heretofore or hereafter enacted, on the credit of the
Commonwealth, subject to the limitations provided in the current
capital budget, money not exceeding in the aggregate the sum of
$9,559,000 as may be found necessary to carry out the
acquisition and construction of the transportation assistance
projects specifically itemized in a capital budget.
(c) Redevelopment assistance.--Subject to the limitation in
section 317(b) of the act of February 9, 1999 (P.L.1, No.1),
known as the Capital Facilities Debt Enabling Act, the Governor,
Auditor General and State Treasurer are hereby authorized and
directed to borrow from time to time in addition to any
authorization heretofore or hereafter enacted, on the credit of
the Commonwealth, subject to the limitations provided in the
current capital budget, money not exceeding in the aggregate the
sum of $298,250,000 as may be found necessary to carry out the
redevelopment assistance capital projects specifically itemized
in a capital budget.
Section 8. Issue of bonds.
The indebtedness authorized in this act shall be incurred
from time to time and shall be evidenced by one or more series
of general obligation bonds of the Commonwealth in such
aggregate principal amount for each series as the Governor, the
Auditor General and the State Treasurer shall determine, but the
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latest stated maturity date shall not exceed the estimated
useful life of the projects being financed as stated in section
9.
Section 9. Estimated useful life and term of debt.
(a) Estimated useful life.--The General Assembly states that
the estimated useful life of the public improvement projects
itemized in this act is as follows:
(1) Public improvement projects, 30 years.
(2) Transportation assistance projects:
(i) Rolling stock, 15 years.
(ii) Passenger buses, 12 years.
(iii) Furniture and equipment, 10 years.
(iv) All others, 30 years.
(b) Term of debt.--The maximum term of the debt authorized
to be incurred under this act is 30 years.
Section 10. Appropriations.
(a) Public improvements.--The net proceeds of the sale of
the obligations authorized in this act are hereby appropriated
from the Capital Facilities Fund to the Department of General
Services in the maximum amount of $28,060,000 to be used by it
exclusively to defray the financial cost of the public
improvement projects specifically itemized in a capital budget.
After reserving or paying the expenses of the sale of the
obligation, the State Treasurer shall pay to the Department of
General Services the moneys as required and certified by it to
be legally due and payable.
(b) Transportation assistance.--The net proceeds of the sale
of the obligations authorized in this act are hereby
appropriated from the Capital Facilities Fund to the Department
of Transportation in the maximum amount of $9,559,000 to be used
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by it exclusively to defray the financial cost of the
transportation assistance projects specifically itemized in a
capital budget. After reserving or paying the expenses of the
sale of the obligation, the State Treasurer shall pay to the
Department of Transportation the moneys as required and
certified by it to be legally due and payable.
(c) Redevelopment assistance.--The net proceeds of the sale
of the obligations authorized in this act are hereby
appropriated from the Capital Facilities Fund to the Department
of Community and Economic Development in the maximum amount of
$298,250,000 to be used by it exclusively to defray the
financial cost of redevelopment assistance capital projects
specifically itemized in a capital budget. After reserving or
paying the expenses of the sale of the obligation, the State
Treasurer shall pay to the Department of Community and Economic
Development the moneys as required and certified by it to be
legally due and payable.
Section 11. Federal funds.
In addition to those funds appropriated in section 10, all
moneys received from the Federal Government for the projects
specifically itemized in this act are also hereby appropriated
for those projects.
Section 12. Delegation.
Notwithstanding any provision of law to the contrary, the
Department of General Services may delegate the design and
construction of the project contained in section 3(5)(iii)(A) of
the act of July 4, 2008 (P.L.329, No.41), known as the Capital
Budget Project Itemization Act of 2007-2008, to the University
of Pennsylvania.
Section 13. Editorial changes.
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In editing and preparing this act for printing following the
final enactment, the Legislative Reference Bureau shall insert
or revise letters or numbers for projects where the letters or
numbers are missing or require revision. The bureau shall also
revise the total monetary amounts for the total authorization,
debt authorization, appropriations and departmental totals as
necessary to agree with the total monetary amounts of the
projects.
Section 14. Effective date.
This act shall take effect immediately.
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