TITLE 20

Military and Civil Defense

Civil Defense

CHAPTER 31. EMERGENCY MANAGEMENT

Subchapter II. Delaware Emergency Management Agency


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.;

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.

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.;

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.

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.;

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.;

(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).;