VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2010 SESSION

• history | hilite | pdf | print version

10102256D
SENATE BILL NO. 523 Senate Amendments in [ ] -- January 27, 2010 A BILL to amend and reenact § 44-146.18:1 of the Code of Virginia, relating to the Virginia Disaster Response Fund; hazardous materials in dwellings. ---------- Patron Prior to Engrossment--Senator Norment ---------- Referred to Committee on General Laws and Technology ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 44-146.18:1 of the Code of Virginia is amended and reenacted as follows:

§ 44-146.18:1. Virginia Disaster Response Funds disbursements; reimbursements.

There is hereby created a nonlapsing revolving fund which shall be maintained as a separate special fund account within the state treasury, and administered by the Coordinator of Emergency Management, consistent with the purposes of this chapter. All expenses, costs, and judgments recovered pursuant to this section, and all moneys received as reimbursement in accordance with applicable provisions of federal law, shall be paid into the fund. Additionally, an annual appropriation to the fund from the general fund or other unrestricted nongeneral fund, in an amount determined by the Governor, may be authorized to carry out the purposes of this chapter. All recoveries from occurrences prior to March 10, 1983, and otherwise qualifying under this section, received subsequent to March 10, 1983, shall be paid into the fund. No moneys shall be credited to the balance in the fund until they have been received by the fund. An accounting of moneys received and disbursed shall be kept and furnished to the Governor or the General Assembly upon request.

Disbursements from the fund may be made for the following purposes and no others:

1. For costs and expenses, including, but not limited to personnel, administrative, and equipment costs and expenses directly incurred by the Department of Emergency Management or by any other state agency or political subdivision or other entity, acting at the direction of the Coordinator of Emergency Management, in and for preventing or alleviating damage, loss, hardship, or suffering caused by emergencies, resource shortages, or disasters; and

2. For procurement, maintenance, and replenishment of materials, equipment, and supplies, in such quantities and at such location as the Coordinator of Emergency Management may deem necessary to protect the public peace, health, and safety and to preserve the lives and property and economic well-being of the people of the Commonwealth; and

3. For costs and expenses incurred by the Department of Emergency Management or by any other state agency or political subdivision or other entity, acting at the direction of the Coordinator of Emergency Management, in the recovery from the effects of a disaster or in the restoration of public property or facilities; and

 [ 4. To political subdivisions, for costs incurred for the removal of hazardous materials, as defined in § 44-146.34, from, and subsequent repair of, dwelling units. In order to qualify for disbursements from the fund pursuant to this subdivision, the existence of the hazard in the dwelling unit shall be certified by the political subdivision, and application for the funds shall be made by the political subdivision on behalf of the owner of the dwelling unit. Any moneys disbursed from the fund shall be paid directly to the political subdivision, and the political subdivision shall decide how and by whom the removal of the hazardous materials and repairs shall be completed. 4. To political subdivisions, for costs incurred for the removal of Chinese drywall hazardous materials, from, and subsequent repair of, dwelling units. In order to qualify for disbursements from the fund pursuant to this subdivision, the existence of the hazard in the dwelling unit shall be certified by the political subdivision, and application for the funds shall be made by the political subdivision on behalf of the owner of the dwelling unit constructed in the calendar years 2006 and 2007. Any moneys disbursed from the fund shall be paid directly to the political subdivision, and the political subdivision shall decide how and by whom the removal of the hazardous materials and repairs shall be completed.  ] 

The Coordinator of Emergency Management shall promptly seek reimbursement from any person causing or contributing to an emergency or disaster for all sums disbursed from the fund for the protection, relief and recovery from loss or damage caused by such person. In the event a request for reimbursement is not paid within 60 days of receipt of a written demand, the claim shall be referred to the Attorney General for collection. The Coordinator of Emergency Management shall be allowed to recover all legal and court costs and other expenses incident to such actions for collection. The Coordinator is authorized to recover any sums incurred by any other state agency or political subdivision acting at the direction of the Coordinator as provided in this paragraph.