CHAPTER 254

FORMERLY

SENATE BILL NO. 427

AN ACT TO AMEND CHAPTER 31, TITLE 20 AND CHAPTER 61, TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVESION OF EMERGENCY PLANNING AND OPERATIONS; AUTHORIZING THE DIVISION OF EMERGENCY PLANNING AND OPERATIONS TO CREATE AND MAINTAIN A DELAWARE RADIOLOGICAL EMERGENCY PLAN AND TO ACCEPT AND EXPEND FUNDS FROM PUBLIC OR PRIVATE SOURCES IN CONNECTION THEREWITH.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 31 of Title 20 of the Delaware Code by redesignating Sections 3104 through 3120 as Sections 3106 through 3122 and inserting new §3104 and §3105 to read as follows:

"§3104. Division of Emergency Planning and Operations; Delaware Radiological Emergency Plan; Authority and Power to Enter Contracts and Accept Services, Gifts, Grants and Loans

The Division of Emergency Planning and Operations of the Department of Public Safety is authorized and directed to:

(1) Develop and maintain a Delaware Radiological Emergency Plan (hereinafter referred to as The Plant) in accordance with relevant regulations and guidelines promulgated by the United States Nuclear Regulatory Commission and the Federal Emergency Management Agency. The purpose of the Plan is to comply with applicable federal regulations and to implement all necessary and appropriate protective or remedial measures on behalf of the citizens of the State of Delaware with respect to a radiological accident, or threatened radiological accident, resulting from the operation of commercial nuclear generating facilities.

(2) Carry out all obligations and duties associated with the Plan and execute all duties and responsibilities imposed by federal rules or regulations governing State radiological emergency preparedness.

(3) Apply for, accept and expend funds, grants, gifts or other forms of financial assistance from public or private sources in order to defray expenses of the Division directly associated with implementing and maintaining the Plan, including but not limited to expenses connected with retaining personnel and with acquiring and maintaining equipment, supplies and other material necessary to carry out the Division's obligations and responsibilities under the Plan.

(4) Enter into nnd perform contracts or agreements with any public or private source; procure by contract such consulting, research, technical and other services as are necessary for the Division to carry out its responsibilites under the Plan; accept and expend funds paid by private or public sources in consideration for the performance of obligations under such contracts or agreements. Each contract or agreement between the Division and any public or private source shall be submitted, at least 30 days prior to its execution, to the Emergency Planning and Operations Council which serves in an advisory capacity to the Director of the Division. The Council shall review the terms and conditions of such agreements or contracts, nnd advise the Director whether the terms thereof are consistent with the Division's responsibilities under the Plan and attendant federal guidelines.

§3105. Division of Emergency Planning and Operations; Administration of Monies Received from Public or Private Sources

(1) All grants or payment; 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 Public Safety for a designated use by the Division of Emergency Planning and Operations is appropriated to the Division 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 Plan Account", and any money received for the use of the Division in connection with its duties under the Delaware Radiological Emergency Plan shall be paid out of the special account by the State Treasurer upon warrants executed by the Secretary, Department of Public Safety, for the designated use, without any further authority from the General Assembly.

(2) The Secretary of the Department of Public Safety on behalf of the Division of Emergency Planning and Operations, shall cause to be prepared, and shall submit to the Budget Director and the Joint Finance Committee, in accordance with Chapters 62 and 65 of Title 29 of the Delaware Code, a detailed budgetary plan which (a) depicts all anticipated operational expenses for the ensuing fiscal year associated with the duties of the Division under the Delaware Radiological Emergency Plan or under any contract or agreement in connection therewith, (b) provides an accurate statement of all funds, grants, gifts, or other forms of financial assistance to be paid or furnished to the Division for the ensuing fiscal year by the Federal Government or any other public or private source, and (c) describes the designated use of any funds, grants, gifts or other forms of financial assistance received by the Division as well as any other relevant restrictions regarding the expenditure of such monies."

Section 2. Amend §6102 of Chapter 61 of Title 29 of the Delaware Code by adding thereto a new subparagraph (j) which shall read as follows:

"(j) Provisions of this Chapter to the contrary notwithstanding, the Division of Emergency Planning and Operations shall have the right to apply for, receive and expend funds or grants, pursuant to contracts or otherwise, from public or private sources, for operating expenses associated with tile Delaware Radiological Emergency Plan, and to have such funds maintained in a special fund account for such purposes."

Approved June 8, 1982.