The General Assembly hereby declares that it serves a purpose and is of benefit to this State and therefore any affected political subdivisions, to establish a post-disaster recovery fund that supports a coordinated approach to meeting the additional hardships imposed by disasters on Delaware residents and community needs through short-term and long-term recovery processes.

85 Del. Laws, c. 446, § 2; 

(a) The Delaware Disaster Recovery Fund ( “Fund” ) is hereby established to provide disaster recovery assistance to Delaware residents and local governments affected by disasters.

(b) Fund objectives. —

The Fund provides means for program creation within the following areas:

(1) Short-term recovery needs, including funding for food, supplies, and replacements for items such as medication costs and durable medical equipment and supplies.

(2) Provision of interim housing assistance for individuals and families transitioning from emergency shelters but unable to return to their permanent homes. Assistance may include temporary rental subsidies, relocation support, access to modular housing solutions, and emergency repair funding.

(3) Support for the repair, restoration, reconstruction, or replacement of occupied damaged or destroyed homes. All housing supported under this paragraph (b)(3) must incorporate accessibility features and reasonable modifications necessary to ensure safe and functional use by individuals with disabilities, consistent with applicable state and federal law.

(4) Assistance in addressing gaps in insurance coverage, to include deductible coverage assistance.

(5) Prioritization of health and safety issues to ensure housing remains habitable for impacted residents.

(6) Support for long-term recovery initiatives that go beyond immediate repairs, focusing on rebuilding stronger, more resilient communities that are better prepared for future disasters. This support may include upgrades to infrastructure, hazard mitigation efforts, and resilience planning.

(c) Programmatic components. —

(1) The Fund may consist of any appropriations, grants, gifts, contributions, or revenues received by the Fund from any source, public or private.

(2) The Fund shall be divided into at least 2 components:

a. Delaware Emergency Management Agency (DEMA) Recovery and Resilience Program. —

Previously existing as Executive Order #44, the Delaware Resilience Fund, this program will receive funding to focus on recovery initiatives, including interim housing not covered by insurance or other programs; equipment needed to assist community in recovery, such as pumps, rental equipment, dumpsters, or tarps, or emergency debris removal.

b. Delaware State Housing Authority Recovery Program. —

This program will receive funding to address housing recovery needs, including the repair, reconstruction, or restoration of the affected area’s housing stock.

(3) The programmatic components of the Fund may eventually be reorganized to include additional lead agencies as assigned by DEMA with concurrence from the RAC.

(d) Fund administration. —

(1) The fund will be administered in accordance with the guidelines established by the RAC to ensure alignment with the Fund’s overarching objectives.

(2) Program managers shall establish application periods for Fund assistance, ensuring alignment with disaster recovery timelines and public need.

(3) Governance and oversight. —

a. A designated Advisory Council, hereafter known as the Recovery Advisory Council, or RAC, is established to maintain oversight of the Fund.

b. The fund will be activated by the Director of DEMA with the concurrence of the RAC.

c. The RAC will administer an appeals process, eliminate redundancies, promote transparency, facilitate coordination, and offer strategic guidance.

d. The RAC will convene to inaugurate bylaws within 90 days of establishment of the Fund.

(4) Program monitoring and reporting. —

a. Program managers must submit a report to the General Assembly within 90 days of the Fund’s activation detailing fund expenditures, application processing, and program outcomes.

1. Program managers must submit a second report within 180 days after the Fund’s activation.

2. Program managers must submit an annual report at the close of every fiscal year regardless of Fund activation. Reports must include data, to the extent practicable, on assistance provided to individuals with disabilities.

b. Each program manager shall establish performance metrics to assess the effectiveness of funded programs and identify areas for improvement.

c. Program managers will promote transparency and accountability in fund administration.

(5) Compliance and accountability. —

a. Agencies administering the Fund must ensure compliance with state regulations. All programs, application processes, and appeals procedures must be accessible and provide reasonable accommodations in accordance with the Americans with Disabilities Act [42 U.S.C. § 12101 et seq.] and § 504 of the Rehabilitation Act of 1973 [29 U.S.C. § 794].

b. The RAC shall develop an appeals process for applicants denied assistance under the Fund and provide final adjudication within a predetermined number of days as set in the bylaws.

(e) Mitigation and preparedness projects. —

(1) The RAC shall establish prescribed impetuses for allowing fund expenditures on mitigation or preparedness projects, including any of the following:

a. A dollar amount threshold beyond which funds may be spent on mitigation or preparedness projects.

b. A minimum time period of at least 1 year, beyond which, if funds are not expended for the purposes outlined in subsection (b) of this section, funds may be spent on mitigation or preparedness projects.

(2) Funding may be appropriated for any of the following activities, with guidance from the RAC:

a. Disaster risk reduction, hazard mitigation projects, and community resilience initiatives.

b. A “match” or “cost share” for costs associated with federal or private mitigation or preparedness grant dollars for state, county, or municipal initiatives that align with the intent of the Fund, provided that any match or cost share from the Fund supplements but does not replace other existing resources available to the requesting jurisdiction.

(3) The fund may not be wholly depleted via mitigation or preparedness efforts. When considering preparedness and mitigation project allocations, the RAC shall determine a minimum reserve which must remain in the Fund to facilitate prioritization of recovery activities.

(4) The money in the Fund does not revert to the General Fund.

85 Del. Laws, c. 446, § 2; 

(a) The RAC will convene biannually, upon activation request, and when post-disaster assistance requests exceed the available balance of the Fund. The RAC may convene additionally in accordance with its bylaws.

(b) The RAC will consist of the following voting members:

(1) The Director of the Delaware Emergency Management Agency or the Director’s designee.

(2) The Director of the Delaware State Housing Authority or the Director’s designee.

(3) The State Hazard Mitigation Officer (SHMO).

(4) The Director of the Sussex County Emergency Management Agency or the Director’s designee.

(5) The Director of the Kent County Emergency Management Agency or the Director’s designee.

(6) The Director of the New Castle County Emergency Management Agency or the Director’s designee.

(7) The Delaware Department of Health and Social Services (DHSS) Disaster Coordinator or the Coordinator’s designee.

(8) The Secretary of the Delaware Department of Natural Resources and Environmental Control, or the Secretary’s designee.

(9) The Governor shall appoint 1 member from the Delaware League of Local Government (DLLG). The Governor may consider potential nominees from a list that the Executive Director of the DLLG provides.

(10) The Governor shall appoint 1 member from the Delaware Community Foundation (DCF). The Governor may consider potential nominees from a list that the Chairperson of the DCF provides.

(c) In addition to voting members, the RAC will include the following non-voting members:

(1) A member of local government from an affected or impacted community, to be identified and appointed by the Governor.

(2) A member with expertise in disability services, independent living, or access and functional needs, to be identified and appointed by the Governor.

(3) Any additional cabinet secretary or subject matter expert, to be identified and appointed by the Governor.

(4) The Insurance Commissioner, or the Insurance Commissioner’s designee.

(d) A quorum of the RAC is a majority of its members.

(e) Official action by the RAC, including making recommendations, requires the approval of a majority.

85 Del. Laws, c. 446, § 2; 

(a) There are standardized impetuses for requesting assistance from the Fund for all programs that operate beneath it, which may include:

(1) A disaster occurs and affects an amount of housing, residents, or property predetermined within Delaware Emergency Management Agency (DEMA) or Delaware State Housing Authority (DSHA) programmatic guidelines.

(2) The damage exceeds the capacity of the affected locality and assistance is requested from its corresponding county.

(3) The support required for recovery exceeds the capacity of the corresponding county and the county submits a request to Fund program managers.

(4) The Governor declares a state of emergency or requests fund activation.

(b) The DEMA Director or designee from the impacted county or counties may request activation of the Fund according to corresponding programmatic guidelines.

(c) The DEMA or DSHA Director or designees may request activation of the Fund according to corresponding programmatic guidelines.

85 Del. Laws, c. 446, § 2;