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SPONSOR: Sen. Huxtable & Rep. K. Johnson
Sens. Buckson, Hansen, Sturgeon; Reps. Berry, Dukes,
Gorman, Griffith
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 310
AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO THE DELAWARE DISASTER
RECOVERY FUND.
1 WHEREAS, there is currently no state program nor funding source available in Delaware to assist individuals and
2 families displaced by extreme events that do not meet the threshold for federal disaster declarations; and
3 WHEREAS, the time between the occurrence of a disaster and the distribution of federal aid can be significant,
4 leaving communities in prolonged states of recovery and forcing families to endure unsafe or unstable living conditions;
5 and
6 WHEREAS, when disasters do not meet federal declaration thresholds, state and local agencies must rely on
7 alternative strategies to address the needs of affected citizens; and
8 WHEREAS, there are ongoing discussions and wide-spread uncertainty at the Federal Level to change recovery
9 programs; and
10 WHEREAS, changing climate conditions, including rising sea levels and an increasing frequency of severe
11 weather events, place Delaware’s communities at heightened risk due to the state’s low elevation and extensive coastline;
12 and
13 WHEREAS, these increasingly frequent and severe weather events place additional strain on housing stability and
14 affordability and intensify the challenges communities face during disaster recovery; and
15 WHEREAS, support for community-driven recovery efforts is paramount for community rebuilding; and
16 WHEREAS, it is imperative that post-disaster recovery efforts prioritize not only the immediate and interim needs
17 of disaster survivors but also the development of affordable, durable, and sustainable solutions that strengthen communities
18 against future disasters; and
19 WHEREAS, Delaware has experienced significant weather events including Hurricane Ida in 2021 and the
20 Greenwood Tornado in 2023, which resulted in substantial damage to 547 homes between these events alone; and
21 WHEREAS, Delaware is already facing an affordable housing crisis, and the addition of displaced individuals and
22 families in the aftermath of a disaster would exacerbate this issue, overwhelming existing resources and further
23 jeopardizing the stability and well-being of affected communities; and
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24 WHEREAS, the absence of a structured recovery program hinders the ability to effectively manage localized
25 disasters that do not qualify for federal assistance, necessitating the creation of a state-level mechanism to fill this gap and
26 provide essential recovery support; and
27 WHEREAS, state-led disaster recovery initiatives have been demonstrated to reduce long-term dependency on
28 federal aid programs by expediting housing repairs, mitigating displacement, and fostering local economic resilience,
29 thereby decreasing overall recovery costs for both the state and federal government.
30 NOW, THEREFORE:
31 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
32 Section 1. Amend Chapter 31, Title 20 of the Delaware Code by making deletions as shown by strike through and
33 insertions as shown by underline as follows and by redesignating accordingly:
34 §3102. Definitions.
35 As used in this chapter:
36 () “Interim Housing” means housing that disaster survivors may occupy in the time between leaving an emergency
37 shelter and returning to their long-term, permanent homes.
38 () “Long-Term Housing”, also referred to as “permanent housing”, is the final housing phase, when disaster
39 survivors move back into their repaired homes or attain another form of resilient long-term housing.
40 () “Long-Term Recovery” means the process required to reestablish steady-state operations after a disaster by
41 addressing the sustained needs of individuals, families, and the community. Long-term recovery activities may include
42 rebuilding homes and public infrastructure; providing financial assistance for households, businesses, and local
43 governments; restoring natural and cultural resources; implementing economic and workforce development programs;
44 redesigning of local codes and ordinances to mitigate damage from future events; and implementing community
45 development initiatives.
46 () “Recovery” means the restoration, strengthening and revitalization of infrastructure, housing, and economy, as
47 well as the health, social, cultural, historic, and environmental fabric of communities affected by an incident, generally after
48 response operations conclude. State and local governments may organize around key functional areas of assistance to
49 facilitate problem solving; improve access to resources; and foster ongoing communication among public agencies, non-
50 governmental partners, and other interested parties. Recovery could be further broken down into “short-term recovery” and
51 “long-term recovery” phases depending on the scale and scope of disaster.
52 () “Recovery Advisory Council” or “RAC” is a group of key stakeholders, led by the Director of the Delaware
53 Emergency Management Agency (“DEMA”), who convene to oversee the distribution of Delaware Disaster Recovery
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54 Funds. The RAC ensures a method of checks and balances, equity, and impartiality. Its duties include permitting fund
55 activation; eliminating redundancies and risk of benefit duplications; and administering an appeals process.
56 () “Sheltering” means providing a safe, sanitary, secure place for disaster survivors to stay before, during, or
57 immediately after a disaster.
58 () “Short-Term Recovery” means any action or effort that enables the transition between response and long-term
59 recovery actions. Short-term recovery activities focus on stabilizing a post-disaster situation, ensuring the continued safety
60 of survivors, and facilitating the start of long-term restoration and reconstruction. Activities may include debris removal;
61 interim housing assistance; emergency repairs; establishing reliable sources of food, water, and medical care; and the
62 restoration of critical services such as electricity, transportation, and communication networks.
63 Section 2. Amend Chapter 31, Title 20 of the Delaware Code by making deletions as shown by strike through and
64 insertions as shown by underline as follows:
65 CHAPTER 31. EMERGENCY MANAGEMENT
66 SUBCHAPTER VII. DISASTER RECOVERY
67 §3160. Declaration of purpose.
68 The General Assembly hereby declares that it serves a purpose and is of benefit to the State and therefore any
69 affected political subdivisions, to establish a post-disaster recovery fund that supports a coordinated approach to meeting
70 the additional hardships imposed by disasters on Delaware residents and community needs through short-term and long-
71 term recovery processes.
72 §3161. Delaware Disaster Recovery Fund.
73 The Delaware Disaster Recovery Fund (“Fund”) is hereby established to provide disaster recovery assistance to
74 Delaware residents and local governments affected by disasters.
75 (a) Fund Objectives. The Fund provides means for program creation within the following areas:
76 (1) Short-term recovery needs, including funding for food, supplies, and replacements for items such as
77 medication costs and durable medical equipment and supplies.
78 (2) Provision of interim housing assistance for individuals and families transitioning from emergency
79 shelters but unable to return to their permanent homes. Assistance may include temporary rental subsidies,
80 relocation support, access to modular housing solutions, and emergency repair funding.
81 (3) Support for the repair, restoration, reconstruction, or replacement of occupied damaged or destroyed
82 homes. All housing supported under this paragraph must incorporate accessibility features and reasonable
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83 modifications necessary to ensure safe and functional use by individuals with disabilities, consistent with
84 applicable state and federal law.
85 (4) Assistance in addressing gaps in insurance coverage, to include deductible coverage assistance.
86 (5) Prioritization of health and safety issues to ensure housing remains habitable for impacted residents.
87 (6) Support for long-term recovery initiatives that go beyond immediate repairs, focusing on rebuilding
88 stronger, more resilient communities that are better prepared for future disasters. This support may include
89 upgrades to infrastructure, hazard mitigation efforts, and resilience planning.
90 (b) Programmatic Components.
91 (1) The Fund may consist of any appropriations, grants, gifts, contributions, or revenues received by the
92 Fund from any source, public or private.
93 (2) The Fund shall be divided into at least 2 components:
94 a. DEMA Recovery and Resilience Program: Previously existing as Executive Order #44, the
95 Delaware Resilience Fund, this program will receive funding to focus on recovery initiatives, including
96 interim housing not covered by insurance or other programs; equipment needed to assist community in
97 recovery, such as pumps, rental equipment, dumpsters, or tarps, or emergency debris removal.
98 b. DSHA Housing Recovery Program: This program will receive funding to address housing
99 recovery needs, including the repair, reconstruction, or restoration of the affected area’s housing stock.
100 (3) The programmatic components of the Fund may eventually be reorganized to include additional lead
101 agencies as assigned by DEMA with concurrence from the RAC.
102 (c) Fund Administration.
103 (1) The fund will be administered in accordance with the guidelines established by the RAC to ensure
104 alignment with the Fund’s overarching objectives.
105 (2) Program managers shall establish application periods for Fund assistance, ensuring alignment with
106 disaster recovery timelines and public need.
107 (3) Governance and Oversight
108 a. A designated Advisory Council, hereafter known as the Recovery Advisory Council, or RAC,
109 is established to maintain oversight of the Fund.
110 b. The fund will be activated by the Director of DEMA with the concurrence of the RAC.
111 c. The RAC will administer an appeals process, eliminate redundancies, promote transparency,
112 facilitate coordination, and offer strategic guidance.
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113 d. The RAC will convene to inaugurate bylaws within 90 days of establishment of the Fund.
114 (4) Program Monitoring and Reporting
115 a. Program managers must submit a report to the General Assembly within 90 days of the Fund’s
116 activation detailing fund expenditures, application processing, and program outcomes.
117 1. Program managers must submit a second report within 180 days after the Fund's
118 activation.
119 2. Program managers must submit an annual report at the close of every fiscal year
120 regardless of Fund activation. Reports must include data, to the extent practicable, on assistance
121 provided to individuals with disabilities.
122 b. Each program manager shall establish performance metrics to assess the effectiveness of
123 funded programs and identify areas for improvement.
124 c. Program managers will promote transparency and accountability in fund administration.
125 (5) Compliance and Accountability
126 a. Agencies administering the Fund must ensure compliance with state regulations. All
127 programs, application processes, and appeals procedures must be accessible and provide reasonable
128 accommodations in accordance with the Americans with Disabilities Act and Section 504 of the
129 Rehabilitation Act.
130 b. The RAC shall develop an appeals process for applicants denied assistance under the Fund
131 and provide final adjudication within a predetermined number of days as set in the bylaws.
132 (d) Mitigation and Preparedness Projects.
133 (1) The RAC shall established prescribed impetuses for allowing fund expenditures on mitigation or
134 preparedness projects, including any of the following:
135 a. A dollar amount threshold beyond which funds may be spent on mitigation or preparedness
136 projects.
137 b. A minimum time period of at least 1 year, beyond which, if funds are not expended for the
138 purposes outlined in subsection (a) of this section, funds may be spent on mitigation or preparedness
139 projects.
140 (2) Funding may be appropriated for any of the following activities, with guidance from the RAC:
141 a. Disaster risk reduction, hazard mitigation projects, and community resilience initiatives.
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142 b. A "match" or “cost share” for costs associated with federal or private mitigation or
143 preparedness grant dollars for state, county, or municipal initiatives that align with the intent of the Fund,
144 provided that any match or cost share from the Fund supplements but does not replace other existing
145 resources available to the requesting jurisdiction.
146 (3) The fund may not be wholly depleted via mitigation or preparedness efforts. When considering
147 preparedness and mitigation project allocations, the RAC shall determine a minimum reserve which must remain
148 in the Fund to facilitate prioritization of recovery activities.
149 (4) The money in the Fund does not revert to the General Fund.
150 §3162. Establishment of a Recovery Advisory Council.
151 (a) The RAC will convene biannually, upon activation request, and when post-disaster assistance requests exceed
152 the available balance of the Fund. The RAC may convene additionally in accordance with its bylaws.
153 (b) The RAC will consist of the following voting members:
154 (1) The Director of the Delaware Emergency Management Agency or the Director’s designee.
155 (2) The Director of the Delaware State Housing Authority or the Director’s designee.
156 (3) The State Hazard Mitigation Officer (SHMO).
157 (4) The Director of the Sussex County Emergency Management Agency or the Director’s designee.
158 (5) The Director of the Kent County Emergency Management Agency or the Director’s designee.
159 (6) The Director of the New Castle County Emergency Management Agency or the Director’s designee.
160 (7) The Delaware Department of Health and Social Services (DHSS) Disaster Coordinator or the
161 Coordinator’s designee.
162 (8) The Governor shall appoint 1 member from the Delaware League of Local Government (DLLG). The
163 Governor may consider potential nominees from a list that the Executive Director of the DLLG provides.
164 (9) The Governor shall appoint 1 member from the Delaware Community Foundation (DCF). The
165 Governor may consider potential nominees from a list that the Chairperson of the DCF provides.
166 (c) In addition to voting members, the RAC will include the following non-voting members:
167 (1) A member of local government from an affected or impacted community, to be identified and
168 appointed by the Governor.
169 (2) A member with expertise in disability services, independent living, or access and functional needs, to
170 be identified and appointed by the Governor.
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171 (3) Any additional cabinet secretary or subject matter expert, to be identified and appointed by the
172 Governor.
173 (4) The Insurance Commissioner, or the Insurance Commissioner's designee.
174 (d) A quorum of the RAC is a majority of its members.
175 (e) Official action by the RAC, including making recommendations, requires the approval of a majority.
176 § 3163. Request to Activate the Fund.
177 (a) There are standardized impetuses for requesting assistance from the Fund for all programs that operate beneath
178 it, which may include:
179 (1) A disaster occurs and affects an amount of housing, residents, or property predetermined within
180 DEMA or DSHA programmatic guidelines.
181 (2) The damage exceeds the capacity of the affected locality and assistance is requested from its
182 corresponding county.
183 (3) The support required for recovery exceeds the capacity of the corresponding county and the county
184 submits a request to Fund program managers.
185 (4) The Governor declares a State of Emergency or requests fund activation.
186 (b) The EMA Director or designee from the impacted county or counties may request activation of the Fund
187 according to corresponding programmatic guidelines.
188 (c) The DEMA or DSHA Director or designees may request activation of the Fund according to corresponding
189 programmatic guidelines.
SYNOPSIS
This Act creates a Disaster Recovery Fund (the "Fund") to provide disaster recovery assistance to Delaware
residents and local governments affected by disasters. The Fund is intended to provide means for program creation
following an extreme event with regard to short-term recovery needs, the provision of interim housing assistance, support
for the repair, restoration, reconstruction, or replacement of occupied damaged or destroyed homes, assistance in addressing
gaps in insurance coverage, prioritization of health and safety issues to ensure that housing remains habitable, and support
for long-term recovery initiatives.
The Fund will be administered in accordance with guidelines set by the Recovery Advisory Council, or "RAC,"
which is established by the Act. The Fund will consist of any appropriations, grants, gifts, contributions, or revenues
received by the Fund from any source. It will be divided into at least 2 components, including: (1) the DEMA Recovery and
Resilience Program, which previously existed as Executive Order #44, or the Delaware Resilience Fund, and which will
receive funding to focus on recovery initiatives, and (2) the DSHA Housing Recovery Program, which will receive funding
to address housing recovery needs.
The RAC shall establish prescribed impetuses that trigger the use of funds for mitigation and preparedness
projects, including establishing a dollar amount threshold for the fund beyond which funds can be spent on mitigation and
preparedness, and establishing a minimum time period of at least one year beyond which, if the Fund is not utilized for its
primary objectives, funds can be spent on mitigation and preparedness. Eligible uses would include funding for disaster risk
reduction, hazard mitigation projects, or community resilience initiatives or use as a "match" for costs associated with
federal mitigation or preparedness grant dollars for initiatives in mitigation and preparedness.
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The RAC will convene biannually, upon activation request, when post-disaster assistance requests exceed the
available balance of the Fund, or in accordance with its bylaws. The RAC consists of the Director of the Delaware
Emergency Management Agency or designee; the Director of the Delaware State Housing Authority or designee; the State
Hazard Mitigation Officer or designee; the Directors of the Emergency Management Agencies for Sussex County, Kent
County, and New Castle County or their designees; the Disaster Coordinator of the Department of Health and Social
Services or designee; and the following members, appointed by the Governor: representatives from the Delaware League of
Local Government and the Delaware Community Foundation; a member of local government from an affected or impacted
community; a member with expertise in disability services, independent living, or access and functional needs, and any
additional cabinet secretary or subject matter expert.
The Fund may be activated when a disaster occurs and affects an amount of housing, residents, or property
predetermined within DEMA or DSHA programmatic guidelines, if damage occurs that exceeds the capacity of the affected
locality and assistance is requested from the corresponding county, if the support required for recovery exceeds the capacity
of the corresponding county and the county makes a request to the Fund's program managers, or if the Governor declares a
state of emergency or requests fund activation.
Author: Senator Huxtable
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