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2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 44-146.13 through 44-146.17, 44-146.18 through 44-146.22, 44-146.24, 44-146.26, 44-146.27, 44-146.28, 44-146.30, 44-146.31, 44-146.34, 44-146.35 and 44-146.39 of the Code of Virginia are amended and reenacted as follows:
§ 44-146.13. Short title.
This chapter may be cited as the "Commonwealth of Virginia Emergency Services
and Disaster Law of 1973 2000."
§ 44-146.14. Findings of General Assembly.
(a) Because of the ever present possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, resource shortage, or from fire, flood, earthquake, or other natural causes, and in order to insure that preparations of the Commonwealth and its political subdivisions will be adequate to deal with such emergencies, and generally to provide for the common defense and 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, it is hereby found and declared to be necessary and to be the purpose of this chapter:
(1) To create a State Department of Emergency Services Management, and to
authorize the creation of local organizations for emergency services management
in the political subdivisions of the Commonwealth;
(2) To confer upon the Governor and upon the executive heads or governing bodies of the political subdivisions of the Commonwealth emergency powers provided herein; and
(3) To provide for rendering of mutual aid among the political subdivisions of the Commonwealth and with other states and to cooperate with the federal government with respect to the carrying out of emergency service functions.
(b) It is further declared to be the purpose of this chapter and the policy of the Commonwealth that all emergency service functions of the Commonwealth be coordinated to the maximum extent possible with the comparable functions of the federal government, other states, and private agencies of every type, and that the Governor shall be empowered to provide for enforcement by the Commonwealth of national emergency services programs, to the end that the most effective preparation and use may be made of the nation's resources and facilities for dealing with any disaster that may occur.
§ 44-146.15. Construction of chapter.
Nothing in this chapter is to be construed to:
(1) Limit, modify, or abridge the authority of the Governor to exercise any powers vested in him under other laws of this Commonwealth independent of, or in conjunction with, any provisions of this chapter;
(2) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with actual or pending disaster;
(3) Affect the jurisdiction or responsibilities of police forces, fire-fighting forces, units of the armed forces of the United States or any personnel thereof, when on active duty; but state, local and interjurisdictional agencies for emergency services shall place reliance upon such forces in the event of declared disasters; or
(4) Interfere with the course of conduct of a labor dispute except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.
§ 44-146.16. Definitions.
As used in this chapter unless the context requires a different meaning:
(1) "Natural disaster" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire or other natural catastrophe resulting in damage, hardship, suffering or possible loss of life;
(2) "Man-made disaster" means any condition following an attack by any enemy or foreign nation upon the United States resulting in substantial damage of property or injury to persons in the United States and may be by use of bombs, missiles, shell fire, nuclear, radiological, chemical or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; also any industrial, nuclear or transportation accident, explosion, conflagration, power failure, resources shortage or other condition such as sabotage, oil spills and other injurious environmental contaminations, which threaten or cause damage to property, human suffering, hardship or loss of life;
(2a) "Emergency" means a sudden and unforeseeable occurrence or condition,
either as to its onset or as to its extent, of such disastrous severity or magnitude
that any occurrence, or threat thereof, whether natural or man-made, which
results or may result in substantial injury or harm to the population or substantial
damage to or loss of property or natural resources and may involve governmental
action beyond that authorized or contemplated by existing law is required
because governmental inaction for the period required to amend the law to meet the
exigency would work immediate and irrevocable harm upon the citizens or the
environment of the Commonwealth or some clearly defined portion or portions
thereof;
(3) "Emergency services" means the preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from natural or man-made disasters, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. These functions include, without limitation, fire-fighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, emergency resource management, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection. These functions also include the administration of approved state and federal disaster recovery and assistance programs;
(4) "Major disaster" means any natural or man-made disaster catastrophe,
including any: hurricane, tornado, storm, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm or
drought, or regardless of cause, any fire, flood, or explosion, in any part of
the United States, which, in the determination of the President of the United States
is, or thereafter determined to be, of sufficient severity and magnitude to warrant
major disaster assistance under the Strafford Act (P.L. 43-288 as amended)
above and beyond emergency services by the federal government to supplement the
efforts and available resources of the several states, local governments, and
disaster relief organizations in alleviating the damage, loss, hardship,
or suffering caused thereby and is so declared by him;
(5) "State of emergency" means the condition declared by the Governor when in
his judgment, the threat or actual occurrence of an emergency or a disaster in
any part of the Commonwealth is of sufficient severity and magnitude to warrant disaster
assistance by the Commonwealth to supplement the efforts and available
resources of the several localities, and relief organizations in preventing or
alleviating the damage, loss, hardship, or suffering threatened or caused
thereby and is so declared by him when it is evident that the resources of the
Commonwealth are adequate to cope with such disasters;
(6) "Local emergency" means the condition declared by the local governing body
when in its judgment the threat or actual occurrence of a an emergency or
disaster is or threatens to be of sufficient severity and magnitude to
warrant coordinated local government action to prevent or alleviate the damage,
loss, hardship or suffering threatened or caused thereby; provided, however,
that a local emergency arising wholly or substantially out of a resource
shortage may be declared only by the Governor, upon petition of the local
governing body, when he deems the threat or actual occurrence of a such an
emergency or disaster to be of sufficient severity and magnitude to warrant
coordinated local government action to prevent or alleviate the damage, loss,
hardship or suffering threatened or caused thereby; provided, however, nothing
in this chapter shall be construed as prohibiting a local governing body from
the prudent management of its water supply, in the absence of a declared state
of emergency, to prevent or manage a water shortage;
(7) "Local emergency management organization" means an organization created in accordance with the provisions of this chapter by local authority to perform local emergency service functions;
(8) "Political subdivision" means any city or county in the Commonwealth and
for the purposes of this chapter, the Town of Chincoteague and any town of more
than 5,000 population which chooses to have an emergency services management
program separate from that of the county in which such town is located;
(9) "Interjurisdictional agency for emergency services management" is any
organization established between contiguous political subdivisions to
facilitate the cooperation and protection of the subdivisions in the work of
disaster prevention, preparedness, response, and recovery;
(10) "Resource shortage" means the absence, unavailability or reduced supply of any raw or processed natural resource, or any commodities, goods or services of any kind which bear a substantial relationship to the health, safety, welfare and economic well-being of the citizens of the Commonwealth;
(11) "Discharge" means spillage, leakage, pumping, pouring, seepage, emitting, dumping, emptying, injecting, escaping, leaching, fire, explosion, or other releases;
(12) "Hazardous substances" means all materials or substances which now or hereafter are designated, defined, or characterized as hazardous by law or regulation of the Commonwealth or regulation of the United States government;
(13) "Hazard mitigation" means any action taken to reduce or eliminate the long-term risk to human life and property from natural hazards.
§ 44-146.17. Powers and duties of Governor.
The Governor shall be Director of Emergency Services Management. He shall take
such action from time to time as is necessary for the adequate promotion and coordination of state
and local civilian emergency services activities relating to the safety and
welfare of the Commonwealth in time of natural or man-made disasters.
The Governor shall have, in addition to his powers hereinafter or elsewhere prescribed by law, the following powers and duties:
(1) To proclaim and publish such rules and regulations and to issue such orders
as may, in his judgment, be necessary to accomplish the purposes of this
chapter including, but not limited to such measures as are in his judgment
required to control, restrict, allocate or regulate the use, sale, production
and distribution of food, fuel, clothing and other commodities, materials,
goods, services and resources under any state or federal emergency services
programs. He may adopt and implement the Commonwealth of Virginia Emergency
Operations Plan, which provides for state-level emergency operations in
response to any type of disaster or large-scale emergency affecting Virginia
and that provides the needed framework within which more detailed emergency
plans and procedures can be developed and maintained by state agencies, local
governments and other organizations. He may direct and compel evacuation of
all or part of the populace from any stricken or threatened area if this action is
deemed necessary for the preservation of life, or other implement emergency
mitigation, preparedness, response or recovery actions; prescribe routes, modes
of transportation and destination in connection with evacuation; and control ingress and egress at an
emergency area, including the movement of persons within the area and the
occupancy of premises therein. Executive orders, to include those declaring a
state of emergency and directing evacuation, shall have the force and effect of
law and the violation thereof shall be punishable as a Class 1 misdemeanor in every
case where the executive order declares that its violation shall have such
force and effect. Except as to emergency plans issued to prescribe actions to
be taken in the event of disasters and emergencies, no rule, regulation, or
order issued under this section shall have any effect beyond June 30 next
following the next adjournment of the regular session of the General Assembly
but the same or a similar rule, regulation, or order may thereafter be issued
again if not contrary to law;
(2) To appoint a State Coordinator of Emergency Services Management and
authorize the appointment or employment of other personnel as is necessary to
carry out the provisions of this chapter, and to remove, in his discretion, any
and all persons serving hereunder;
(3) To procure supplies and equipment, to institute training programs and
public information programs relative to emergency management and to take all
other preparatory steps including the partial or full mobilization of
emergency service management organizations in advance of actual disaster,
to insure the furnishing of adequately trained and equipped forces in time of need;
(4) To make such studies and surveys of industries, resources, and facilities in the Commonwealth as may be necessary to ascertain the capabilities of the Commonwealth and to plan for the most efficient emergency use thereof;
(5) On behalf of the Commonwealth enter into mutual aid arrangements with other states and to coordinate mutual aid plans between political subdivisions of the Commonwealth;
(6) To delegate any administrative authority vested in him under this chapter, and to provide for the further delegation of any such authority, as needed;
(7) Whenever, in the opinion of the Governor, the safety and welfare of the
people of the Commonwealth require the exercise of emergency measures due to a
threatened or actual disaster, he may declare a state of emergency to exist;
and
(8) When necessary, To request predisaster federal assistance or the
declaration of a major disaster declaration from the President, thereby
certifying and certify the need for federal disaster assistance and to give
assurance of ensuring the expenditure of a reasonable amount of funds of the
Commonwealth, its local governments, or other agencies for alleviating the damage, loss,
hardship, or suffering resulting from the disaster; and
(9) To provide incident command system guidelines for state agencies and local emergency response organizations.
§ 44-146.18. Department of Emergency Services continued as Department of Emergency Management; administration and operational control; coordinator and other personnel; powers and duties.
(a) The State Office of Emergency Services is continued and shall hereafter be
known as the Department of Emergency Services Management. Wherever the words
"State Office Department of Emergency Services" are used in any law of this
Commonwealth, they shall mean the Department of Emergency Services Management.
During a declared emergency this Department shall revert to the operational control of the Governor.
The Department shall have a coordinator who shall be appointed by and serve at
the pleasure of the Governor and also serve as State Emergency Planning
Director. The Department shall employ the professional, technical, secretarial,
and clerical employees necessary for the performance of its functions.
(b) The State Department of Emergency Services Management shall in the
administration of emergency services and disaster preparedness programs:
(1) Promulgate plans and programs which are conducive to adequate disaster mitigation preparedness, response and recovery programs;
(2) Prepare and maintain a State Emergency Operations Plan relating to man-made
and natural disaster concerns for disaster response and recovery operations
that assigns primary and support responsibilities for basic emergency services functions
to state agencies, organizations and personnel as appropriate;
(3) Coordinate and administer preparedness disaster mitigation, preparedness,
response and recovery plans and programs with the proponent federal, state and
local government agencies and related groups;
(4) Provide guidance and assistance to state agencies and units of local
government in designing emergency programs and plans developing and maintaining
emergency management programs, plans and systems;
(5) Make necessary recommendations to agencies of the federal, state, or local governments on preventive and preparedness measures designed to eliminate or reduce disasters and their impact;
(6) Determine requirements of the Commonwealth and its political subdivisions for those necessities needed in the event of a declared emergency which are not otherwise readily available;
(7) Assist state agencies and political subdivisions in establishing and operating training programs and programs of public information and education regarding emergency services and disaster preparedness activities;
(8) Develop standards, provide guidance and encourage the maintenance of local and state agency emergency operations plans;
(8) (9) Promulgate, Prepare, maintain, or coordinate or implement emergency
resource management plans and programs with federal, state and local government
agencies and related groups, and make such surveys of industries, resources,
and facilities within the Commonwealth, both public and private, as are
necessary to carry out the purposes of this chapter;
(9) (10) Coordinate with the federal government and any public or private
agency or entity in achieving any purpose of this chapter and in implementing programs for disaster
prevention, mitigation, preparation, response, and recovery; and
(10) (11) Establish guidelines pursuant to § 44-146.28, and administer payments
to eligible applicants as authorized by the Governor.
(c) The State Department of Emergency Services Management shall during a period
of declared emergency be responsible for:
(1) The receipt, evaluation, and dissemination of intelligence pertaining to an impending or actual disaster;
(2) Providing adequate facilities for from which state agencies for and
supporting organizations may conduct of disaster emergency operations;
(3) Providing an adequate communications and warning system capable of notifying all political subdivisions in the Commonwealth of an impending disaster within a reasonable time;
(4) Establishing and maintaining liaison with affected political subdivisions;
(5) Determining requirements for disaster relief and recovery assistance;
(6) Coordinating disaster response actions of federal, state and volunteer relief agencies;
(7) Coordinating and providing guidance and assistance to affected political subdivisions to ensure orderly and timely response to and recovery from disaster effects.
(d) The State Department of Emergency Services Management shall be provided the
necessary facilities and equipment needed to perform its normal day-to-day activities and coordinate
disaster-related activities of the various federal, state, and other agencies
during periods of declared emergency a state of emergency declaration by the
Governor or following a major disaster declaration by the President.
(e) The State Department of Emergency Services Management is authorized to
enter into all contracts and agreements necessary or incidental to performance of any of its duties
stated in this section or otherwise assigned to it by law, including contracts
with the United States, other states, agencies and government subdivisions of the
Commonwealth, and other appropriate public and private entities.
§ 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 Services 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 Services Management or by any other state agency or
political subdivision or other entity, acting at the direction of the
Coordinator of Emergency Services Management, in and for preventing or
alleviating damage, loss, hardship, or suffering caused by emergencies, resource shortages, or
natural or man-made 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 Services 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 Services
Management or by any other state agency or political subdivision or
other entity, acting at the direction of the Coordinator of Emergency Services
Management, in the recovery from the effects of a disaster or in the
restoration of public property or facilities.
The Coordinator of Emergency Services 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 sixty days
of receipt of a written demand, the claim shall be referred to the Attorney
General for collection. The Coordinator of Emergency Services 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.
§ 44-146.18:2. Authority of Coordinator of Emergency Management in undeclared emergency.
In an emergency which does not warrant a gubernatorial declaration of a state
of emergency, the Coordinator of Emergency Services Management, after
consultation with and approval of the Secretary of Public Safety, may enter
into contracts and incur obligations necessary to prevent or alleviate damage,
loss, hardship, or suffering caused by such emergency and to protect the health
and safety of persons and property. In exercising the powers vested by this
section, the Coordinator may proceed without regard to normal procedures
pertaining to entering into contracts, incurring of obligations, rental of
equipment, purchase of supplies and materials, and expenditure of public funds;
however, mandatory constitutional requirements shall not be disregarded.
§ 44-146.19. Powers and duties of political subdivisions.
A. Each political subdivision within the Commonwealth shall be within the
jurisdiction of and served by the Department of Emergency Services Management
and be responsible for local disaster preparedness and coordination of
response mitigation, preparedness, response and recovery. Each political
subdivision may maintain in accordance with state emergency disaster
preparedness plans and programs an agency of emergency services
management which, except as otherwise provided under this chapter,
has jurisdiction over and services the entire political subdivision.
B. Each political subdivision shall have a director of emergency services
management who, after the term of the person presently serving in
this capacity has expired and in the absence of an executive order by the Governor,
shall be the following:
1. In the case of a city, the mayor or city manager, who shall have the
authority to appoint a coordinator of emergency services activities management
with consent of council;
2. In the case of a county, a member of the board of supervisors selected by
the board or the chief administrative officer for the county, who shall have
the authority to appoint a coordinator of emergency services activities
management with the consent of the governing body;
3. A coordinator of emergency services management may be appointed by the
council of any town to ensure integration of its organization into the county
emergency services management organization;
4. In the case of the Town of Chincoteague and of towns with a population in
excess of 5,000 having an emergency services management organization separate
from that of the county, the mayor or town manager shall have the authority to
appoint a coordinator of emergency services with consent of council;
5. In Smyth County and in York County, the chief administrative officer for the
county may appoint a director of emergency services management, with the
consent of the governing body, who shall have the authority to appoint a
coordinator of emergency services management with the consent of the governing
body.
C. Whenever the Governor has declared a state of emergency, each political subdivision within the disaster area may, under the supervision and control of the Governor or his designated representative, control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.
D. The director of each local organization for emergency services management
may, in collaboration with other public and private agencies within this
Commonwealth or within an adjacent state, develop or cause to be developed
mutual aid arrangements for reciprocal assistance in case of a disaster too
great to be dealt with unassisted. Such arrangements shall be consistent with
state plans and programs and it shall be the duty of each local organization
for emergency services management to render assistance in accordance with the
provisions of such mutual aid arrangements.
E. Each local and interjurisdictional agency shall prepare and keep current a
local or interjurisdictional emergency operations plan for its area. The plan
shall include, but not be limited to, responsibilities of all local agencies
and shall establish a chain of command. Each political subdivision having a
nuclear power station or other nuclear facility within ten miles of its
boundaries shall, if so directed by the Department of Emergency Services
Management, prepare and keep current an appropriate emergency plan for its area
for response to nuclear accidents at such station or facility.
§ 44-146.20. Joint action by political subdivisions.
If two or more adjoining political subdivisions find that disaster operation
plans and programs would be better served by interjurisdictional arrangements
in planning for, preventing, or responding to disaster in that area, then
direct steps may be taken as necessary, including creation of an
interjurisdictional relationship, a joint emergency services operations plan,
mutual aid, or such other activities as necessary for planning and services. A
determination of such findings shall be based on the factors related to the
difficulty of providing emergency services on an interjurisdictional basis.
§ 44-146.21. Declaration of local emergency.
(a) A local emergency may be declared by the local director of emergency
services management with the consent of the governing body of the
political subdivision. In the event the governing body cannot convene due to the disaster or
other exigent circumstances, the director, or in his absence, the deputy
director, or in the absence of both the director and deputy director, any
member of the governing body in the absence of the director may declare the
existence of a local emergency, subject to confirmation by the governing body at its next
regularly scheduled meeting or at a special meeting within fourteen days of the
declaration, whichever occurs first. The governing body, when in its judgment
all emergency actions have been taken, shall take appropriate action to end the
declared emergency.
(b) A declaration of a local emergency as defined in § 44-146.16 (6) shall
activate the response and recovery programs of all applicable local and
interjurisdictional Emergency Operations plans Plan and authorize the
furnishing of aid and assistance thereunder.
(c) [Repealed.]
(c1) Whenever a local emergency has been declared, the director of emergency
services management of each political subdivision or any member of the
governing body in the absence of the director, if so authorized by the governing body, may
control, restrict, allocate or regulate the use, sale, production and
distribution of food, fuel, clothing and other commodities, materials, goods,
services and resource systems which fall only within the boundaries of that
jurisdiction and which do not impact systems affecting adjoining or other
political subdivisions, enter into contracts and incur obligations necessary to
combat such threatened or actual disaster, protect the health and safety of
persons and property and provide emergency assistance to the victims of such
disaster. In exercising the powers vested under this section, under the
supervision and control of the governing body, such director may, and proceed
without regard to time-consuming procedures and formalities prescribed by law (except mandatory
constitutional requirements) pertaining to the performance of public work,
entering into contracts, incurring of obligations, employment of temporary
workers, rental of equipment, purchase of supplies and materials, and other
expenditures of public funds, provided such funds in excess of appropriations
in the current approved budget, unobligated, are available. Whenever the
Governor has declared a state of emergency, each political subdivision within
the disaster area affected may, under the supervision and control of the
Governor or his designated representative, enter into contracts and incur obligations necessary
to combat such threatened or actual disaster beyond the capabilities of local government,
protect the health and safety of persons and property and provide emergency
assistance to the victims of such disaster. In exercising the powers vested
under this section, under the supervision and control of the Governor, the
political subdivision may proceed without regard to time-consuming procedures
and formalities prescribed by law pertaining to public work, entering into
contracts, incurring of obligations, employment of temporary workers, rental of
equipment, purchase of supplies and materials, levying of taxes, and
appropriation and expenditure of public funds.
(d) No interjurisdictional agency or official thereof may declare a local
emergency. However, an interjurisdictional agency of emergency services
management shall provide aid and services to the affected political
subdivision authorizing such assistance in accordance with the agreement as a result
of a local or state declaration.
(e) None of the provisions of this chapter shall apply to the Emergency Disaster Relief provided by the American Red Cross or other relief agency solely concerned with the provision of service at no cost to the citizens of the Commonwealth.
§ 44-146.22. Development of measures to prevent or reduce harmful consequences of disasters.
In addition to disaster prevention measures included in state, local and
interjurisdictional emergency operations plans, the Governor shall consider, on
a continuing basis, steps hazard mitigation or other measures that could be
taken to prevent or reduce the harmful consequences of disasters. At his direction, and pursuant to
any other authority, state agencies, including, but not limited to, those
charged with responsibilities in connection with floodplain management, stream
encroachment and flow regulation, weather modification, fire prevention and
control, air quality, public works, land use and land-use planning, and
construction standards, shall make studies of disaster prevention. The
Governor, from time to time, shall make recommendations to the General
Assembly, local governments, and other appropriate public and private entities
as may facilitate measures for prevention or reduction of the harmful
consequences of disasters.
§ 44-146.24. Cooperation of public agencies.
In carrying out the provisions of the chapter, the Governor, the heads of state
agencies, the local directors and governing bodies of the political
subdivisions of the Commonwealth are directed to utilize the services,
equipment, supplies and facilities of existing departments, offices, and
agencies of the Commonwealth and the political subdivisions thereof to the
maximum extent practicable consistent with state and local emergency operation
plans. The officers and personnel of all such departments, offices, and
agencies are directed to cooperate with and extend such services and facilities to
the Governor and to the State Department of Emergency Services Management upon
request.
§ 44-146.26. Duties of emergency management organizations.
It shall be the duty of every organization for emergency services management
established pursuant to this chapter and of the officers thereof to
execute and enforce such orders, rules and regulations as may be made by the
Governor under authority of this chapter. Each organization shall have
available for inspection at its office all such orders, rules and regulations.
§ 44-146.27. Supplementing federal funds; assistance of federal agencies; acceptance of gifts and services; appropriations by local governing bodies.
A. If the federal government allots funds for the payment of a portion of any
disaster programs, projects, equipment, supplies or materials or other related
costs, the remaining portion may be paid with a combination of state and local
funds available for this purpose and consistent with state emergency service
management plans and program priorities.
B. Whenever the federal government or any agency or officer thereof offers to the Commonwealth, or through the Commonwealth to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan for purposes of emergency services, the Commonwealth, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its local director or governing body, may accept such offer and agree to the terms of the offer and the rules and regulations, if any, of the agency making the offer, including, but not limited to, requirements to hold and save the United States free from damages and to indemnify the federal government against any claims arising from the services, equipment, supplies, materials, or funds provided. Upon such acceptance, the Governor or local director or governing body of such political subdivision may authorize any officer of the Commonwealth or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the Commonwealth or such political subdivision, in accordance with the terms of the agreement, and subject to the rules and regulations, if any, of the agency making the offer.
C. Whenever any person, firm or corporation offers to the Commonwealth or to
any political subdivision thereof services, equipment, supplies, materials, or
funds by way of gift, grant or loan, for purposes of emergency services
management, the Commonwealth, acting through the Governor, or such political
subdivision, acting through its local director or governing body, may accept
such offer and upon such acceptance the Governor or local director or governing
body of such political subdivision may authorize any officer of the
Commonwealth or of the political subdivision, as the case may be, to receive
such services, equipment, supplies, materials, or funds on behalf of the
Commonwealth or such political subdivision, and subject to the terms of the
offer.
D. The governing bodies of the counties, cities and towns are hereby authorized
to appropriate funds for expenditure by any local or regional organization for
emergency service management established pursuant to this chapter and for local
or regional disaster service activities.
§ 44-146.28. Authority of Governor and agencies under his control in declared state of emergency.
(a) In the case of a declaration of a state of emergency as defined in § 44-146.16, the Governor is authorized to expend from all funds of the state treasury not constitutionally restricted, a sum sufficient. Allotments from such sum sufficient may be made by the Governor to any state agency or political subdivision of the Commonwealth to carry out disaster service missions and responsibilities. Allotments may also be made by the Governor from the sum sufficient to provide financial assistance to eligible applicants located in an area declared to be in a state of emergency, but not declared to be a major disaster area for which federal assistance might be forthcoming. This shall be considered as a program of last resort for those local jurisdictions that cannot meet the full cost.
The Virginia Department of Emergency Services Management shall establish
guidelines and procedures for determining whether and to what extent financial assistance to local
governments may be provided.
The guidelines and procedures shall include, but not be limited to, the following:
(1) Participants may be eligible to receive financial assistance to cover a percentage of eligible costs if they demonstrate that they are incapable of covering the full cost. The percentage may vary, based on the Commission on Local Government's fiscal stress index. The cumulative effect of recent disasters during the preceding twelve months may also be considered for eligibility purposes.
(2) Only eligible participants that have sustained an emergency or disaster as defined in § 44-146.16 with total eligible costs of four dollars or more per capita may receive assistance. No site or facility may be included with less than $1,000 in eligible costs. However, the total cost of debris clearance may be considered as costs associated with a single site.
(3) Eligible participants shall be fully covered by all-risk property and flood insurance policies, including provisions for insuring the contents of the property and business interruptions, or shall be self-insured, in order to be eligible for this assistance. Insurance deductibles shall not be covered by this program.
(4) Eligible costs incurred by towns, public service authorities, volunteer fire departments and volunteer rescue squads may be included in a county's or city's total costs.
(5) Unless otherwise stated in guidelines and procedures, eligible costs are defined as those listed in the Public Assistance component of Public Law 93-288, as amended, excluding beach replenishment and snow removal.
(6) State agencies, as directed by the Virginia Department of Emergency
Services Management, shall conduct an on-site survey to validate damages and to
document restoration costs.
(7) Eligible participants shall maintain complete documentation of all costs in
a manner approved by the Auditor of Public Accounts and shall provide copies of
the documentation to the Virginia Department of Emergency Services Management
upon request.
If a jurisdiction meets the criteria set forth in the guidelines and procedures, but is in an area that has neither been declared to be in a state of emergency nor been declared to be a major disaster area for which federal assistance might be forthcoming, the Governor is authorized, in his discretion, to make an allotment from the sum sufficient to that jurisdiction without a declaration of a state of emergency, in the same manner as if a state of emergency declaration had been made.
The Governor shall report to the Chairmen of the Senate Finance Committee, the
House Appropriations Committee, and the House Finance Committee within thirty
days of authorizing the sum sufficient pursuant to this section. The Virginia
Department of Emergency Services Management shall report annually to the
General Assembly on the local jurisdictions that received financial assistance and the amount each
jurisdiction received.
(b) Public agencies under the supervision and control of the Governor may implement their emergency assignments without regard to normal procedures (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials and expenditures of public funds.
§ 44-146.30. Department of Emergency Management to monitor transportation of hazardous radioactive materials.
The Coordinator of the Department of Emergency Services Management, pursuant to
regulations promulgated by the Virginia Waste Management Board, will maintain a
register of shippers of hazardous radioactive materials and monitor the
transportation within the Commonwealth of those hazardous radioactive
materials, as defined by the Virginia Waste Management Board, which may
constitute a significant potential danger to the citizens of the Commonwealth
in the event of accidental spillage or release. The regulations promulgated by
the Board shall not be in conflict with federal statutes, rules, or
regulations. Other agencies and commissions of the Commonwealth shall cooperate
with the Virginia Waste Management Board in the formulation of regulations as
herein provided.
§ 44-146.31. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Department" means the Department of Emergency Management.
"Nuclear power station" means a facility producing electricity through the utilization of nuclear energy for sale to the public which is required to be licensed by the Nuclear Regulatory Commission and includes all units of the facility at a single site.
"Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing.
§ 44-146.34. Purpose; definitions.
A. The purpose of this chapter is to provide for the development and implementation of a program to protect the environment and the health, safety, and welfare of the people of the Commonwealth from the threats and potential threats of accidents or incidents involving hazardous materials. This program shall be known as the Virginia Hazardous Materials Emergency Response Program.
B. As used in this chapter, unless the context requires otherwise:
"Coordinator" means the Coordinator of the Department of Emergency Services
Management.
"Department" means the Department of Emergency Services Management.
"Hazardous materials" means substances or materials which may pose unreasonable risks to health, safety, property, or the environment when used, transported, stored or disposed of, which may include materials which are solid, liquid or gas. Hazardous materials may include toxic substances, flammable and ignitable materials, explosives, corrosive materials, and radioactive materials and include (i) those substances or materials in a form or quantity which may pose an unreasonable risk to health, safety, or property when transported, and which the Secretary of Transportation of the United States has so designated by regulation or order; (ii) hazardous substances as defined or designated by law or regulation of the Commonwealth or law or regulation of the United States government; and (iii) hazardous waste as defined or designated by law or regulation of the Commonwealth.
"Political subdivision" means any city or county in the Commonwealth, and for
the purposes of this chapter, any town with a population of more than 5,000
which chooses to have an emergency services management program separate from
that of the county in which the town is located.
"Transport" or "transportation" means any movement of property by any mode and any packing, loading, unloading, or storage incidental thereto.
§ 44-146.35. Powers and duties of the Department of Emergency Management.
In carrying out the purposes set forth in this chapter the Department shall have the authority to:
1. Coordinate the development of hazardous materials training programs and hazardous materials emergency response programs and plans with state and local government agencies and related groups. Those state agencies and local government agencies shall retain the statutory responsibilities assigned elsewhere in this Code.
2. Administer the implementation of the Virginia Hazardous Materials Emergency Response Program. The Department shall consider the recommendations of the Hazardous Materials Emergency Response Advisory Council in implementing the Program.
§ 44-146.39. State Hazardous Materials Emergency Response Advisory Council created; membership; responsibilities.
A. There is hereby created the State Hazardous Materials Emergency Response Advisory Council, hereinafter referred to in this chapter as the "Council." The Council shall consist of such state agency heads or their designated representatives as the Governor shall appoint and nine other members appointed by the Governor. Those nine members shall be representative of local government, industry, the general public, and environmental and emergency response interests. The Governor shall designate a chairman from among the Council members and the Council shall meet at the call of the chairman. Upon initial appointment three of the nine nonstate agency representatives shall be appointed for three-year terms, three for two-year terms, and three for one-year terms. Thereafter, each shall be appointed for a term of three years.
B. The Department of Emergency Services Management shall provide staff support
for the Council. State agencies shall cooperate in providing assistance and advice upon request of
the Council to the Coordinator. Expenses incurred as a result of Council
functions shall be paid by the Department of Emergency Services Management from
an appropriation for that purpose.
C. The Council shall provide programmatic advice to the Coordinator in the development and implementation of the Virginia Hazardous Materials Emergency Response Program. The Council shall study and make recommendations on all aspects of the Virginia Hazardous Materials Emergency Response Program including, but not limited to, planning, organization, equipment, training, funding, accident prevention and enforcement of regulations.
D. The Council shall provide advice to the Virginia Emergency Response Council.