GOVERNOR
EXECUTIVE
ORDER NUMBER SEVENTEEN (2018)
Amended
Declaration of a State of Emergency for the Commonwealth of Virginia Due to
Potential Impacts from Hurricane Florence
Importance of the Issue
On September 8, 2018, I declared that a state of emergency
exists in the Commonwealth of Virginia based on the need to prepare and
coordinate our response for potential impacts from Hurricane Florence. National
Weather Service forecasts indicate Hurricane Florence could produce damaging
winds, periods of heavy rainfall, power outages, and flooding in the Commonwealth.
These conditions have the potential to impact life safety and create
significant transportation issues throughout Virginia.
State action is required to protect the health and general
welfare of Virginia residents. The anticipated effects of this situation
constitute a disaster wherein human life and public and private property are,
or are likely to be, imperiled, as described in § 44-146.16 of the Code of Virginia.
Therefore, by virtue of the authority vested in me by § 44-146.17
of the Code of Virginia, as Governor and as Director of Emergency Management,
and by virtue of the authority vested in me by Article V, Section 7 of the
Constitution of Virginia and by § 44-75.1 of the Code of Virginia, as
Commander-in-Chief of the armed forces of the Commonwealth, and subject always to
my continuing and ultimate authority and responsibility to act in such matters,
I hereby proclaim a state of emergency exists. Accordingly, I direct state and
local governments to render appropriate assistance to prepare for the impacts
of Hurricane Florence, to alleviate any conditions resulting from the
situation, and to implement recovery and mitigation operations and activities
so as to return impacted areas to pre-event conditions as much as possible.
In order to marshal all public resources and appropriate
preparedness, response, and recovery measures to meet this threat and recover
from its effects, and in accordance with my authority contained in § 44-146.17
of the Code of Virginia, I order the following:
A. Implementation of the Commonwealth of Virginia Emergency
Operations Plan (COVEOP), as amended, by state agencies along with other
appropriate state plans.
B. Activation of the Virginia Emergency Operations Center
(VEOC) and the Virginia Emergency Support Team (VEST), as directed by the State
Coordinator of Emergency Management, to coordinate the provision of assistance
to local governments and emergency services assignments of other agencies as
necessary and determined by the State Coordinator of Emergency Management and
other agencies as appropriate.
C. Activation of the Virginia National Guard and the Virginia
Defense Force to state active duty to assist in providing such aid. This shall
include Virginia National Guard assistance to the Virginia Department of State
Police to direct traffic, prevent looting, and perform such other law
enforcement functions as the Superintendent of State Police (in consultation
with the State Coordinator of Emergency Management, the Adjutant General, and
the Secretary of Public Safety and Homeland Security) may find necessary. Pursuant
to § 52-6 of the Code of Virginia, I authorize the Superintendent of the Department
of State Police to appoint any and all such Virginia Army and Air National Guard
personnel called to state active duty as additional police officers as deemed necessary.
These police officers shall have the same powers and perform the same duties as
the Virginia State Police officers appointed by the Superintendent. Any bonds
and/or insurance required by § 52-7 of the Code of Virginia shall be
provided for them at the expense of the Commonwealth. In all instances, members
of the Virginia National Guard and Virginia Defense Force shall remain subject
to military command as prescribed by § 44-78.1 of the Code of Virginia and
are not subject to the civilian authorities of county or municipal governments.
D. Evacuation of areas threatened or stricken by effects of
this event, as appropriate. Pursuant to § 44-146.17(1) of the Code of
Virginia, I reserve the right to direct and compel the evacuation of all or
part of the populace therein from such areas upon a determination by the State
Coordinator of Emergency Management. I reserve the right to control the ingress
and egress at an emergency area, including the movement of persons within the
area and the occupancy of premises therein based upon a determination made by
the State Coordinator of Emergency Management. Violations of any order to
citizens to evacuate shall constitute a violation of this Executive Order and
are punishable as a Class 1 misdemeanor.
E. Activation, implementation, and coordination of appropriate
mutual aid agreements and compacts, including the Emergency Management
Assistance Compact (EMAC), and the authorization of the State Coordinator of
Emergency Management to enter into any other supplemental agreements, pursuant
to §§ 44-146.17(5) and 44-146.28:1 of the Code of Virginia. The State
Coordinator of Emergency Management is hereby designated as Virginia's
authorized representative within the meaning of the Emergency Management Assistance
Compact, § 44-146.28:1 of the Code of Virginia.
F. This Emergency Declaration implements limited relief from
the provisions of 49 CFR §§ 390.23 and 395.3 for the purpose of providing
direct relief or assistance as a result of this disaster.
G. Authorization of the Virginia Departments of State Police,
Transportation, and Motor Vehicles to grant temporary overweight, over width,
registration, license, or hours of service exemptions to all carriers
transporting essential emergency relief supplies to, through and from any area
of the Commonwealth. This authorization also applies to water, food, heating
oil, motor fuels or propane, or agricultural products, agricultural supplies,
livestock and poultry, livestock and poultry feed, forest products and salvaged
wood, waste, and trees cut in preparation for the storm, or providing
restoration of utilities (including but not limited to electricity, gas, phone,
water, wastewater, and cable) or removal of waste to, through and from any area
of the Commonwealth in order to support the disaster response and recovery,
regardless of their point of origin or destination. Weight exemptions are not
valid on posted structures for restricted weight. Weight exemptions are also
not valid on interstate highways unless there is an associated Federal
emergency declaration. The exemption shall not exceed the duration of the motor
carrier's or driver's direct assistance in providing emergency relief, or 30
days from the initial declaration of emergency, whichever is less.
1. All over width loads, up to a maximum of 12 feet, and over
height loads up to a maximum of 14 feet must follow Virginia Department of
Motor Vehicles hauling permit and safety guidelines.
2. In addition to described overweight/over width
transportation privileges, carriers are also exempt from vehicle registration
with the Department of Motor Vehicles. This includes vehicles en route and
returning to their home base. The agencies cited in this provision shall
communicate this information to all staff responsible for permit issuance and
truck legalization enforcement.
H. Implementation and discontinuance of the
transportation-related provisions authorized above shall be disseminated by the
publication of administrative notice to all affected and interested parties. I
hereby delegate to the Secretary of Public Safety and Homeland Security, after
consultation with other affected Cabinet Secretaries, the authority to implement
and disseminate this Order as set forth in § 2.2-104 of the Code of Virginia.
I. Authorization of the Commissioner of Agriculture and
Consumer Services to grant a temporary waiver of the maximum vapor pressure
prescribed in regulation 2VAC5-425 et seq., and to prescribe a vapor pressure
limit the Commissioner deems reasonable. The temporary waiver shall remain in
effect until emergency relief is no longer necessary, as determined by the Commissioner
of Agriculture and Consumer Services.
J. Provision of appropriate assistance, including temporary
assignments of non-essential state employees to the Adjunct Emergency
Workforce, be rendered by state agencies to respond to this situation.
K. Authorization of appropriate oversight boards, commissions,
and agencies to ease building code restrictions, permitting requirements, and
to allow for emergency demolition, hazardous waste disposal, debris removal,
emergency landfill sitting, and other operations and activities necessary to
address immediate health and safety needs without regard to time-consuming
procedures or formalities and without regard to application or permit fees or
royalties. All appropriate executive branch agencies are to exercise discretion
to the extent allowed by law to address any pending deadlines or expirations
affected by or attributable to this emergency event.
L. Authorization of the Marine Resources Commissioner to act on
behalf of the Commission in issuing permits pursuant to Chapter 12 of Title
28.2 of the Code of Virginia when, in the judgment of the Commissioner, it is
necessary to address immediate health and safety needs and the Commissioner
would be unable to convene a meeting of the full Commission in a timely manner.
In an effort to address the impacts attributable to Hurricane Florence on the
health, safety, and general welfare of the residents of the Commonwealth, and
in an attempt to expedite the return of impacted areas and structures to
pre-event conditions insofar as possible, no permits for encroachments on
state-owned submerged lands, tidal wetlands and coastal primary sand dunes or
beaches shall be required to replace previously permitted structures in the
same location and in identical or smaller dimensions as the previously
permitted structure, and for beach nourishment activities along public beaches,
provided any structure replacement or beach nourishment is initiated prior to
the expiration of this Executive Order. No person may proceed with replacement
of a previously permitted structure or beach nourishment activity under the provisions
of this Executive Order without written approval from the Commissioner of the
Virginia Marine Resources Commission.
M. Authorization for the heads of executive branch agencies,
with the concurrence of their Cabinet Secretary, to act, when appropriate, on
behalf of their regulatory boards to waive any state requirement or regulation
where the federal government has waived the corresponding federal or state
regulation based on the impact of events related to this situation.
N. Authorization for the State Veterinarian to grant exemptions
for specific requirements for the importation of agricultural and companion
animals into the Commonwealth from affected areas.
O. Activation of the statutory provisions in § 59.1-525 et
seq. of the Code of Virginia related to price gouging.
P. Authorization of a maximum of $60,000,000 in state sum
sufficient funds for state and local government mission assignments authorized
and coordinated through the Virginia Department of Emergency Management that
are allowable as defined by The Stafford Act, 42 U.S.C. § 5121 et seq.
This funding is also available for state response and recovery operations and
incident documentation. Out of this state disaster sum sufficient, an amount
estimated at $1,500,000 is authorized for the Department of Military Affairs for
the state's portion of the eligible disaster-related costs incurred for
salaries, travel, and meals during mission assignments authorized and coordinated
through the Virginia Department of Emergency Management.
Q. Authorization of an amount estimated at $1,000,000 for
matching funds for the Individuals and Household Program, authorized by The
Stafford Act, 42 U.S.C. § 5121 et seq. (when presidentially authorized),
to be paid from state funds.
R. Implementation by public agencies under my supervision and
control of their emergency assignments as directed in the COVEOP without regard
to normal procedures pertaining to performance of public work, entering into
contracts, incurring of obligations or other logistical and support measures of
the Emergency Services and Disaster Laws, as provided in § 44-146.28(b) of
the Code of Virginia. Section 44-146.24 of the Code of Virginia also applies to
the disaster activities of state agencies.
S. During this declared emergency, any person who holds a
license, certificate, or other permit issued by any state or political
subdivision thereof, evidencing the meeting of qualifications for professional,
mechanical, or other skills, the person, without compensation other than
reimbursement for actual and necessary expenses, may render aid involving that
skill in the Commonwealth during this emergency. Such person shall not be
liable for negligently causing the death of, or injury to, any person or for
the loss of, or damage to, the property of any person resulting from such
service as set forth in § 44-146.23(C) of the Code of Virginia.
Additionally, members and personnel of volunteer, professional, auxiliary, and
reserve groups identified and tasked by the State Coordinator of Emergency
Management for specific disaster-related mission assignments, as representatives
of the Commonwealth engaged in emergency services activities within the meaning
of the immunity provisions of § 44-146.23(A) of the Code of Virginia,
shall not be liable for the death of, or any injury to, persons or damage to
property as a result of such activities, as provided in § 44-146.23(A) of
the Code of Virginia.
T. Designation of physicians, nurses, and other licensed and
non-licensed health care providers and other individuals as well as hospitals,
nursing facilities, and other licensed and non-licensed health care
organizations, political subdivisions and other private entities by state
agencies, including the Departments of Health, Behavioral Health and Developmental
Services, Social Services, Emergency Management, Transportation, State Police,
Motor Vehicles, as representatives of the Commonwealth engaged in emergency services
activities, at sites designated by the Commonwealth, within the meaning of the immunity
provisions of § 44-146.23(A) of the Code of Virginia, in the performance
of their disaster-related mission assignments.
U. A license issued to a health care practitioner by another
state, and in good standing with such state, shall be deemed to be an active
license issued by the Commonwealth to provide health care or professional
services as a health care practitioner of the same type for which such license
is issued in another state, provided such health care practitioner is engaged
by a hospital, licensed nursing facility, or dialysis facility in the
Commonwealth for the purpose of assisting that facility with public health and
medical disaster response operations. Hospitals, licensed nursing facilities,
and dialysis facilities must submit to the applicable licensing authority each
out-of-state health care practitioner's name, license type, state of license,
and license identification number within a reasonable time of such healthcare
practitioner arriving at the applicable health care facility in the Commonwealth.
V. As provided in § 44-146.23(A) of the Code of Virginia,
no individual, corporation, partnership, association, cooperative, limited
liability company, trust, joint venture, fraternal organization, religious
organization, charitable organization, or any other legal or commercial entity
and any successor, officer, director, representative, or agent thereof, who,
without compensation other than reimbursement for actual and necessary expenses,
provides services, goods, real or personal property, or facilities at the
request and direction of the State Department of Emergency Management or a
county or city employee whose responsibilities include emergency management
shall be liable for the death of or injury to any person or for the loss of, or
damage to, the property of any person where such death, injury, loss, or damage
was proximately caused by the circumstances of the actual emergency or its
subsequent conditions, or the circumstances this emergency.
W. The Director of the Virginia Department of Social Services
(VDSS), in coordination with Virginia Department of Emergency Management, is
directed to activate the statewide sheltering plan and identify and make
available such shelters as necessary. Pursuant to the authority in § 44.146.15
of the Code of Virginia, and in order to ensure public safety, all weapons
listed in § 18.2-308 A of the Code of Virginia, including all firearms,
are prohibited from such shelters. This prohibition applies to both open and
concealed carry of firearms pursuant to a concealed carry permit. The firearm
restriction shall not apply to members of the National Guard and Law
Enforcement Officers in the performance of their official duties.
Upon my approval, the costs incurred by state agencies and
other agents in performing mission assignments through the VEOC as defined
herein and in § 44-146.28 of the Code of Virginia, other than costs defined in
the paragraphs above pertaining to the Virginia National Guard and pertaining
to the Virginia Defense Force, shall be paid from state funds.
Effective Date of this Executive Order
This Executive Order shall be effective September 8, 2018, and
shall remain in full force and in effect until December 31, 2018, unless sooner
amended or rescinded by further executive order. Termination of the Executive
Order is not intended to terminate any federal type benefits granted or to be
granted due to injury or death as a result of service under this Executive
Order.
Given under my hand and under the Seal of the Commonwealth of
Virginia, this 12th day of September, 2018.
/s/ Ralph S. Northam
Governor
EXECUTIVE
ORDER NUMBER EIGHTEEN (2018)
Directing the Commissioner of the
Department of Motor Vehicles to Extend the Validity of Expiring Driver's
Licenses and Identification Cards
Importance of the Issue
On Saturday, September 8, 2018, I
declared that a state of emergency existed in the Commonwealth of Virginia due
to the potential impacts of Hurricane Florence. In furtherance of state action
to protect the health and general welfare of Virginia residents, some state
government offices, including Department of Motor Vehicles customer service
centers, in affected regions were closed, which greatly impacted the ability of
many Virginians to renew their driver's licenses and identification cards. This
widespread emergency closure placed residents at risk of incurring fines and
other costs resulting from their inability to renew their credentials in a
timely manner.
Therefore, by virtue of the authority vested in me as Governor
under Article V of the Constitution of Virginia, and in accordance with my
authority contained in §§ 46.2-330 A and 46.2-345 of the Code of Virginia,
in order to prevent any hardship to the residents of Virginia, I hereby direct
the Commissioner of the Department of Motor Vehicles to extend the validity
period of Virginia driver's licenses, learner's permits, commercial driver's
licenses, and identification cards issued by the Commonwealth that expire
September 11, 2018, through September 16, 2018, until September 21, 2018,
11:59:59 PM EST.
Effective Date of this Executive Order
This Executive Order shall be effective from September 11,
2018, and shall remain in full force and effect until September 21, 2018,
11:59:59 PM EST.
Given under my hand and under the Seal of the Commonwealth of
Virginia, this 14th day of September, 2018.
/s/ Ralph S. Northam
Governor