(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.

Terms Used In Delaware Code Title 20 Sec. 3108

  • Contract: A legal written agreement that becomes binding when signed.
  • Emergency: means any situation which requires efforts and capabilities to save lives or to protect property, public health and safety, or to lessen or avert the threat of a disaster in Delaware. See Delaware Code Title 20 Sec. 3102
  • Emergency management: means the mitigation, preparedness, response and recovery functions necessary to save lives and to protect property, public health and safety or to lessen or avert the threat of a disaster in any part of the State, other than functions for which military forces or other federal agencies are primarily responsible. See Delaware Code Title 20 Sec. 3102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(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);