Subchapter II. Delaware Emergency Management Agency

TITLE 20

Military and Civil Defense

Civil Defense

CHAPTER 31. EMERGENCY MANAGEMENT

Subchapter II. Delaware Emergency Management Agency

§ 3105. Creation.

To assure the prompt, proper and effective discharge of basic state responsibilities relating to emergency management, there
is hereby formally created the Delaware Emergency Management Agency of the Department of Safety and Homeland Security (hereinafter
also referred to as "DEMA").

48 Del. Laws, c. 189, § 4; 20 Del. C. 1953, § 3103; 57 Del. Laws, c. 670, § 25B-25D; 58 Del. Laws, c. 558, § 5; 69 Del. Laws, c. 78, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 207, § 1; 74 Del. Laws, c. 110, § 138.;

§ 3106. Organization.

The Delaware Emergency Management Agency of the Department of Safety and Homeland Security, within the executive branch of
the state government, shall consist of and be organized substantially as follows:

(1) Director and Deputy Principal Assistant. -- The Director and the Deputy Principal Assistant ("Deputy") shall be appointed
by the Secretary of Public Safety with the written approval of the Governor. The Director and the Deputy shall be exempt from
the merit system as set forth in Chapter 59 of Title 29. The Director, as head of the agency, shall supervise, on a full-time
basis, all fiscal, planning, administrative, operational and other functions of DEMA as assigned by law or the Secretary.
The Director and Deputy shall not hold any other state office and may be removed from office by the Secretary, with or without
cause, with the written approval of the Governor. The Director, subject to the direction and control of the Governor, shall
be the executive head of DEMA and shall be responsible to the Secretary of Public Safety for carrying out the program for
emergency management of this State. During an emergency or disaster, the Governor may delegate such powers as the Governor
may see fit to the Secretary of Public Safety or the Director to coordinate the activities of the State that serve to prevent
or alleviate the ill effects of an imminent or actual emergency or disaster and maintain liaison with emergency support agencies
and organizations of other states and of the federal government and shall have such additional authority, duties and responsibilities
authorized by this chapter.

(2) Staff. -- The Director, with the approval of the Secretary of Public Safety, may employ such personnel, within limitations
of appropriations for that purpose, as may be deemed necessary to carry out the purposes of this chapter.

(3) Facilities and equipment. -- The Director and other personnel of DEMA shall be provided with appropriate office space
in a facility and area identified with low vulnerability to natural and technological hazards, furniture, equipment, supplies,
stationery, and services in the same manner as provided for personnel of other state agencies.

§ 3107. Powers and duties.

DEMA is authorized and directed to:

(1) Prepare and maintain a comprehensive plan and program for the emergency management of the State, such plan to be integrated
into and coordinated with the emergency management plans of the federal government and of other states and political subdivisions
of this State to the fullest possible extent;

(2) Establish, equip and staff a State Emergency Operations Center;

(3) Carry out all obligations and duties associated with state emergency or disaster response and recovery plans and execute
all duties and responsibilities to secure the maximum state and federal emergency management assistance and emergency or disaster
recovery assistance;

(4) Apply for, accept, and expend federal, public or private funds, grants, gifts or other forms of financial assistance in
order to defray the costs of DEMA directly associated with implementing and maintaining emergency management capabilities,
including, but not limited to, expenses connected with retaining personnel and with acquiring and maintaining equipment, supplies
and other material to carry out DEMA's obligations and responsibilities under the plan. All grants or payments of money by
the federal government, or by any other public or private source, pursuant to any contract, agreement or otherwise, to the
Department of Safety and Homeland Security for emergency management by DEMA shall be appropriated to DEMA for the designated
purpose for which the money was paid and received, and no other. All such money shall be payable to the State Treasurer. The
Treasurer shall credit the deposit to the individual appropriation accounts for the designated use;

(5) Enter into and perform contracts or agreements with any public or private source; procure by contract or agent such consulting,
research, technical and other services as are necessary for DEMA to carry out its responsibilities under the plan; and accept
and expend funds paid by private or public sources in consideration for the performance of obligations under such contracts
or agreements;

(6) Provide technical advice and assistance to state agencies, political subdivisions and other organizations in the preparation
of emergency management plans or components thereof and to periodically review such plans and suggest or require revisions;

(7) Establish and implement or assist state agencies, political subdivisions or organizations in the development of emergency
management training and of public information programs in advance of actual emergencies or disasters to ensure adequately
trained personnel and an informed public in times of need;

(8) Supply appropriate state and local agencies, officials and the general public with precautionary notices, watches and
warnings relating to actual or potential emergencies or disasters and provide a flow of official information and instructions
to the general public before, during and after an emergency or disaster;

(9) Provide direction and control of state emergency or disaster operations;

(10) Determine the need for, maintain information regarding, and procure materials, supplies, equipment, facilities and services
necessary for emergency management;

(11) Make or request copies of studies, surveys or reports of the industries, resources and facilities within this State as
are necessary to carry out the purposes of this chapter;

(12) Prepare, for issuance by the Governor, orders, proclamations and regulations as necessary or appropriate in responding
to emergencies or disasters, and maintain a memorialized log thereof;

(13) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter
and in implementing programs for emergency management;

(14) Administer grant programs for eligible applicants for emergency management;

(15) Accept and coordinate assistance provided by federal agencies in major disasters in accordance with the provisions of
the Federal Disaster Relief Act of 1974 (Public Law 93-288, 42 U.S.C. § 5121 et seq.), or any amendment or reenactment thereof;

(16) Respond to emergencies or disasters relating to atomic energy operations or radioactive objects or materials;

(17) Provide, from its own stockpiles or other sources, emergency or disaster operational equipment, materials and supplies
required and available for essential supplementation of those owned, acquired and used by state, county and local departments
and agencies for emergency and disaster operations; and

(18) For the period during which a state of emergency is declared by the Governor, to incur or authorize other state agencies
or local governments to incur obligations to purchase or to purchase immediately such materials and supplies as may be necessary
to protect the health and safety of persons and property and provide emergency or disaster assistance to victims of a disaster.
Such obligations and purchases shall be exempt from bidding provisions required by Chapter 69 of Title 29.

§ 3107A. The State Emergency Management Fund.

The State Emergency Management Fund is established to provide DEMA with funds to manage natural and manmade disasters when
federal funds are not available or when matching funds are required to receive federal funds. The Fund may be used to make
purchases of life-saving or life-sustaining equipment; pay for costs associated with the activation of the State Emergency
Operations Center; pay for Delaware National Guard costs when deployment is authorized by the Governor; and reimburse state
and local employees for travel costs associated with a deployment under the Emergency Management Assistance Compact for authorized
missions that will be fully reimbursed by the requesting states. As the requesting states provide reimbursement, funds will
be deposited back into the Fund.

72 Del. Laws, c. 324, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 84, § 275.;

§ 3108. Radiological Emergency Management Program.

(a) In addition to the powers and duties of DEMA set forth in § 3107 of this title, DEMA shall develop, establish and maintain
a Radiological Emergency Management Program in accordance with relevant regulations and guidelines promulgated by federal
agencies. The purpose of the program is to comply with applicable federal regulations and to implement all necessary and appropriate
protective or remedial measures on behalf of the State with respect to a radiological incident, or threatened radiological
incident, resulting from the operation of commercial nuclear generating facilities, acts of terrorism, or transport of nuclear
by-products. DEMA shall serve as the single point of contact for interaction between the affected facilities and other state
agencies and departments, counties, municipalities and the federal government.

(b) All grants or payments of money by the federal government, or by any other public or private source, pursuant to any contract,
agreement or otherwise, to the Department of Safety and Homeland Security for radiological emergency management shall be appropriated
to DEMA for the designated purpose, and no other, for which the money was paid and received. All such money shall be payable
to the State Treasurer. The Treasurer shall credit the deposit to a special fund to be known and designated as the "Delaware
Radiological Emergency Management Program Account," and any money received for the use of DEMA in connection with its duties
under the Delaware Radiological Emergency Management Program shall be paid out of the special account by the State Treasurer
upon warrants executed by the Secretary of the Department of Safety and Homeland Security for the designated use, without
any further authority from the General Assembly.

(c) On behalf of DEMA, the Secretary of the Department of Safety and Homeland Security shall cause to be prepared, and shall
submit to the Director of the Office of Management and Budget and the Joint Finance Committee, in accordance with Chapters
63 and 65 of Title 29, a detailed budgetary plan which:

(1) Depicts all anticipated expenses for the ensuing fiscal year associated with the duties of the State, political subdivisions
and other organizations in the Delaware Radiological Emergency Management Program or under any contract or agreement in connection
therewith;

(2) Provides an accurate statement of all funds, grants, gifts or other forms of financial assistance to be paid or furnished
to DEMA for the ensuing fiscal year by the federal government or any other public or private source; and

(3) Describes the designated use of any funds, grants, gifts or other forms of financial assistance received by the State
as well as any other relevant restrictions regarding the expenditure of such moneys.

63 Del. Laws, c. 254, § 1; 69 Del. Laws, c. 78, § 3; 71 Del. Laws, c. 207, § 1; 74 Del. Laws, c. 110, § 138; 75 Del. Laws, c. 88, § 21(11).;