GOVERNOR

NUMBER SIXTY SEVEN (2017)

EXECUTIVE ORDER TEMPORARILY SUSPENDING PERMIT-REQUIRING USES OF THE LEE MONUMENT IN RICHMOND, VIRGINIA AND DIRECTING REVIEW OF PERMITTING REGULATIONS

Importance of the Initiative

Virginia is the birthplace of liberty in the United States, and the Commonwealth has had an historic commitment to freedom of speech, freedom of religion, freedom of the press, freedom of assembly, and freedom of thought are among our most cherished values. Recent events have also demonstrated that activities surrounding Confederate monuments within the Commonwealth raise substantial public safety concerns. Among these are the statue of Robert E. Lee on horseback, and the surrounding grounds, located within a traffic circle on Monument Avenue in the City of Richmond, Virginia (the "Lee Monument").

On August 12, 2017, I declared a State of Emergency based on a state of civil unrest in Charlottesville, Virginia, caused by violence that erupted over a demonstration organized by the Unite the Right organization, which included a number of affiliated white supremacist and Neo-Nazi hate groups. I was compelled to order the Virginia National Guard to active service for the purposes of controlling civil unrest, an action that has not been taken in decades. The stated purpose for the Unite the Right demonstration was to protest the City of Charlottesville's decision to remove a statue of Robert E. Lee from one of its city parks.

The violence in Charlottesville, Virginia was broadcast around the world, and the protests and counter-protests ended in tragedy. Demonstrators descending on the rally became engaged in violent conflict, leading to a declaration by city officials that the rally had become an unlawful assembly. Later, a man using his car as a weapon plowed into a group of counter-protestors, injuring 19 people and killing a young woman, Heather Heyer. The chaos of the day required extraordinary sacrifices from law enforcement, including the crash of a Virginia State Police helicopter that killed Lieutenant H. Jay Cullen and Trooper-Pilot Berke M.M. Bates, who were surveilling the scene from the air.

Subsequent protests have threatened not only violence against citizens, but also violence against the monuments themselves. In the days since the tragedy in Charlottesville, law enforcement in Richmond, Virginia have responded to demonstrations around the Lee Monument, including situations that involved heavily-armed protestors that disturbed the peace near the monument. In Durham, North Carolina, a recent video showed protestors tearing down a statue of a Confederate soldier, resulting in felony charges against those involved.

Reviewing the events in Charlottesville to determine what steps can and should be taken to prevent any such violence from occurring again is critically necessary for public safety and demands a full review of permitting processes and other relevant regulations. There are already, and it is anticipated that there will be more, permit requests for demonstrations at the Lee Monument as the public debate over Confederate monuments continues, leaving grave risks for future civil unrest. Until a full review process has been concluded, it is a threat to public safety to allow permit-requiring activity to occur in the absence of such sensible regulations that should be implemented to govern all expressive activity at the Lee Monument, no matter its content.

Additionally, regulations governing the use of the Lee Monument were last reviewed some time ago. A critical review of these regulations is long overdue.

Unlike a city park, the Lee Monument serves a limited purpose and has not historically been an open forum for expressive activity. It sits in a traffic rotary, in a major thoroughfare through the City of Richmond, in the middle of one of the most scenic and historic residential areas in the United States. Current standards contemplate up to 5,000 people gathering at the Lee Monument. Given the size of the Lee Monument, the fact that traffic continually passes around it, and that there is no pedestrian crosswalk for access, I have concluded that permitting any large group would create a safety hazard in the current circumstances. Current policies also allow for permits to be issued from sunrise to 11 p.m., which also could, given the Lee Monument's proximity to private residences, interfere with the quiet enjoyment of those properties. Moreover, the Lee Monument is a State-property island in an area otherwise regulated by the City of Richmond, yet there is no formal requirement for coordinating approval through the City of Richmond's permitting process. This regulatory gap, which has heretofore been handled informally, must be addressed.

It is also clear that adequate alternative venues exist to accommodate any expressive activities that citizens may desire to conduct, should the Lee Monument be temporarily closed for permit-requiring activity.

Executive Action

Accordingly, by the power vested in me as the Chief Executive by Article V of the Constitution of Virginia and the laws of the Commonwealth, I hereby order the following:

No demonstrations shall be authorized at the Lee Monument in the absence of a permit issued by the Department of General Services. The term "demonstrations" includes demonstrations, processions, picketing, speechmaking, marching, vigils, and all other like forms of conduct, that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to draw a crowd or onlookers. This term includes the display of flags, banners, or other demonstratives designed to communicate a message.

No permits for demonstrations shall be issued for activities at the Lee Monument pending adoption of regulations by the Department of General Services to govern such activities.

Under separate Order, I will convene a task force, led by the Secretary of Public Safety and Homeland Security, to evaluate the public safety issues arising from the events of August 12, 2017, including regulatory best practices related to the Lee Monument.

The Department of General Services is directed to promulgate emergency regulations by November 18, 2017 to govern any public use of the Lee Monument based upon the recommendations from this task force.

Effective Date of the Executive Order

This Executive Order shall become effective upon its signing and shall remain in full force and effect until such emergency regulations are promulgated by the Department of General Services by November 18, 2017.

Given under my hand and under the Seal of the Commonwealth of Virginia this 18th Day of August, 2017.

/s/ Terence R. McAuliffe
Governor

NUMBER SIXTY EIGHT (2017)

ESTABLISHING THE TASK FORCE ON PUBLIC SAFETY PREPAREDNESS AND RESPONSE TO CIVIL UNREST

Importance of the Task Force

Acts of hate and violence like those that took place in Charlottesville, Virginia on August 12, 2017, and similar incidents across the country are becoming more prevalent and are endangering our communities. When large rallies or demonstrations become violent, it is not only the safety of our communities and citizens that is threatened, but also the safety of our men and women in uniform who risk their lives to protect us.

As a Commonwealth, we are heartbroken and shaken to our core. As we begin to recover and heal from the terrible events that claimed three lives and caused at least 35 injuries on August 12, we must take every step possible to prevent this type of tragedy from ever occurring again in Virginia. While I ordered unprecedented state resources to assist Charlottesville in responding to the Unite the Right demonstration, current law dictated that the state play only a supporting role, with local government officials holding key decision-making authority over permitting and command of the police response. I never again want to be in a position where state resources are needed to protect public safety, but the state is not vested with control over the events that ultimately could lead to a public safety emergency.

On August 18, 2017, I issued Executive Order 67, which temporarily suspended permitting for the Lee Monument in Richmond pending a thorough review of the events in Charlottesville and recommendations for best-practices in permitting. It is critical now more than ever that we are prepared and ready as a Commonwealth, across all levels of government, to respond to future incidents of civil unrest.

We must engage in a thorough review of the events that took place before, during and after the incident in Charlottesville and identify any existing gaps or issues that need to be addressed, including our permitting process. Following the completion of that review, we must take swift and immediate action to implement any necessary changes that will protect public safety and prevent further loss of life, while protecting constitutional rights.

Establishment of the Task Force on Public Safety Preparedness and Response to Civil Unrest

Accordingly, by virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, I hereby establish the Governor's Task Force on Public Safety Preparedness and Response to Civil Unrest ("Task Force").

Composition of the Task Force

The Task Force will be chaired by the Secretary of Public Safety and Homeland Security (the "Secretary") and will include representatives from the Virginia State Police, the Virginia National Guard, the Virginia Department of Emergency Management, local law enforcement agencies, local governing boards, the Office of the Attorney General, and any other relevant state and local agencies. The Secretary is granted discretion to compose the Task Force with other members and to seek input from whatever sources he deems fit.

Task Force Priorities

The Task Force will conduct a review of the following key areas:

1. After Action Review: The Task Force will review findings from an independent, comprehensive After Action Review and make recommendations to address any areas of concern. These recommendations shall include any proposed legislative or executive branch actions necessary, as well as any potential private sector engagement.

2. Policies, Regulations and Procedures Governing Rally Permits: The Task Force will review current policies, regulations, and procedures governing rally and demonstration permits. This review shall include criteria for issuance of permits, the review and consideration process, and any limitations that should be applied to protect public safety, consistent with the protections afforded by the First Amendment. The Task Force will develop a model permitting process that the Commonwealth and localities may adopt.

3. The Commonwealth's Preparedness as it Relates to Incidents of Civil Unrest: The Task Force will work with local, state and federal partners to assess our preparedness as a Commonwealth. Incidents of civil unrest are extremely complex, and involve numerous agencies with diverse missions and capabilities, as well as jurisdiction and authority. The Task Force is charged with working collaboratively with agencies across all levels of government to review and make recommendations to enhance the following areas: appropriate lines of authority and control, internal and external communication, planning, coordination of preparedness efforts, capabilities, deployment of resources, intelligence gathering and information sharing, and cyber security issues that could impact our ability to prepare and respond.

4. The Commonwealth's Ability to Successfully Carry Out a Coordinated Response: In addition to reviewing our preparedness as a Commonwealth, the Task Force will review our ability to successfully carry out a coordinated response to incidents of civil unrest. As noted above, the complexity of these incidents and involvement of numerous agencies can create challenges. The Task Force will work collaboratively with agencies across all levels of government to review and make recommendations to enhance the following areas: appropriate lines of authority and control, internal and external communication, planning, coordination of preparedness efforts, capabilities, deployment of resources, intelligence gathering and information sharing, and cyber security issues that could impact our ability to respond.

Staffing

Staff support for the Task Force will be furnished by the Office of the Secretary of Public Safety and Homeland Security and any other agencies or offices as designated by the Governor or the Secretary. The Task Force will complete its work by November 17, 2017, with a final report to the Governor due by December 1, 2017. All executive branch agencies shall cooperate fully with the Task Force and provide any assistance necessary.

Effective Date of the Executive Order

This Executive Order shall become effective upon its signing and shall remain in full force and effect unless otherwise amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 24th Day of August, 2017.

/s/ Terence R. McAuliffe
Governor

NUMBER SIXTY NINE (2017)

ESTABLISHING THE COMMONWEALTH COMMISSION ON DIVERSITY, EQUITY AND INCLUSION

Importance of the Commission

This Commonwealth is home to people from every race, ethnicity, religion, sexual orientation, and gender identity. That diversity is an essential element of what makes Virginia a great place to live, work, and raise a family, but like much of the nation, the Commonwealth has an unreconciled relationship with its past.

Since the beginning of my administration, we have worked every day to make Virginia a more open and welcoming place for families and businesses from every walk of life and we are proud that those efforts have resulted in greater equality and prosperity in every corner of the Commonwealth. We must continue to address poverty, educational inequality, housing disparity, environmental injustice, religious intolerance, LGBT discrimination and many other important issues, but every Virginian can be proud that their Commonwealth is moving forward rather than standing still.

From record investments in education, to significant reforms in Virginia's criminal justice system, to expansions of health care access and efforts to protect the right to vote, this administration and our partners have made real progress to break down barriers to opportunity for every community across the Commonwealth. We have restored the rights of over 161,000 Virginians – more than any other Governor in the history of the United States. And, we have put a stop to divisive legislation that would have limited the rights of women and LGBT Virginians, and would have further restricted the right to vote in Virginia.

However, as the ugly and tragic events of August 11th and 12th in Charlottesville demonstrated, we still have work to do to confront hatred, bigotry, and violence. The Neo-Nazis and white supremacists who incited violence, injury, and death in one of Virginia's great cities, did so to advance racism and discrimination against people based on their race, ethnicity, religion, or sexual orientation.

If Virginia is to heal and move past those terrible events, we must evaluate the circumstances that led to them and identify the steps that we can take together to stamp out hatred and violence before they reach a dangerous boiling point again. These issues are not exclusive to Virginia, and the vast majority of Virginians reject the actions and the ideology that were on display in Charlottesville. However, in the wake of these events, we have a responsibility and an opportunity to examine and learn from them. By asking tough questions, embracing perspectives that are different than our own, and leaning on the wisdom of experts, we can better understand the impediments to inclusion and equality that exist in our society today and make recommendations for how to knock them down.

We can have an honest discussion about the history of our Commonwealth and our country and the way it is taught in schools and represented in the public square.

We can evaluate how technology and our modern culture of political division and social alienation may be contributing to the radicalization of people from all walks of life.

We can work together to show the world that, as the place where the ideals of our nation were born, Virginia is perpetually engaged in the difficult work of extending true equality under the law to all of our citizens, no matter their race, ethnicity, religion, or sexual orientation. Our history stands as a complicated story, along with the rest of our great Nation, with many triumphs and yet many sins that remain unreconciled.

It would be naïve to think that any one commission can solve the problems of inequality, intolerance, and violence that this nation has wrestled with throughout its existence. However, by focusing narrowly on the circumstances that led to the events in Charlottesville, we can develop actionable proposals to bolster the many other efforts happening across this government and this Commonwealth to erase hatred, bigotry, and intolerance in Virginia and replace them with diversity, equity, and inclusion.

Establishment of the Commonwealth Commission on Diversity, Equity and Inclusion

Accordingly, by virtue of the authority vested in me as Chief Executive Officer of the Commonwealth, and pursuant to Article V of the Constitution of Virginia, I hereby direct the Secretary of the Commonwealth to establish the Commonwealth Commission on Diversity, Equity and Inclusion.

Commonwealth Commission on Diversity, Equity and Inclusion

The Commonwealth Commission on Diversity, Equity and Inclusion (the Commission) shall be responsible for promoting civil rights and fostering an environment of reconciliation and healing throughout the Commonwealth. Moreover, the Commission shall place an emphasis on implicit bias and cultural sensitivity by focusing on community relations and economic justice.

More specifically, the Commission is charged with:

• Identifying any Virginia laws, regulations, and agency procedures that perpetuate racial, ethnic, or religious intolerance or divisions, as well as recommending changes in law that can better promote tolerance and diversity.

• Identifying and recommending ways to partner with non-governmental organizations working to promote a culture of diversity and inclusion. Such organizations shall include nonprofits, foundations, and faith and community organizations.

• Identifying policy changes at the federal level, including funding priorities within the Departments of Justice and Homeland Security, that will better equip state and local governments to combat domestic terrorism and unlawful conduct arising from hatred.

• Supporting local government and community efforts by identifying and creating resources including grant opportunities, best practices, and guidelines for social media initiatives. Resources will include guidance for the renaming of schools, highways and other public spaces. Resources will also include guidance on the relocation and replacement of monuments.

• Hosting events to promote a public dialogue on unity and reconciliation.

The Commission's work shall also focus on policy and societal factors that drive individuals toward hate-focused extremist groups. The Commission is charged with:

• Identifying reasons individuals join terrorist or extremist groups. The Commission may look at factors leading to feelings of isolation or alienation and the impact of technology and social networking.

• Collecting and recommending best practices on how parents, educators, community and religious leaders can identify individuals at risk of joining terrorist or extremist groups.

• Identifying policies that can be enacted to prevent individuals from engaging with such groups and behaviors.

• Collecting and recommending best practices on assisting individuals who have already succumbed to terrorist or extremist groups.

Composition of the Commission

The Commission shall include individuals representing the faith, advocacy, nonprofit, local and state government, and education communities.

The Commission shall also collaborate with other entities as appropriate and seek participation from relevant stakeholders and state and local officials.

Staffing

Staff support for the Commission will be provided by the Office of the Governor, and any other Secretariats, agencies, or offices as designated by the Governor. The Commission will serve in an advisory role to the Governor, in accordance with § 2.2-2100 of the Code of Virginia. The Commission shall submit an interim report to the Governor no later than November 15, 2017. A final report shall be submitted to the Governor no later than November 15, 2018.

Effective Date

This Executive Order shall be effective upon its signing and shall remain in force and effect for one year from its signing unless amended or superseded or rescinded by further executive order or directive.

Given under my hand and under the seal of the Commonwealth of Virginia, this 24th day of August, 2017.

/s/ Terence R. McAuliffe
Governor

NUMBER SEVENTY (2017)

DECLARATION OF A STATE OF EMERGENCY FOR THE COMMONWEALTH OF VIRGINIA TO SUPPORT RESPONSE AND RECOVERY EFFORTS IN STATES AFFECTED BY HURRICANE HARVEY

Importance of the Issue

On this date, September 1, 2017, I am declaring a state of emergency to exist for the Commonwealth of Virginia to provide response and recovery support to states affected by Hurricane Harvey. Hurricane Harvey began impacting Texas and Louisiana on August 25th where it made landfall as a category 4 hurricane with winds in excess of 130 mph. This storm brought heavy rain to both states with some areas of Texas receiving over 50 inches of rain over a period of several days. The rain has resulted in significant flooding and devastation to residential homes, businesses, and critical infrastructure necessary for response and recovery.

The health and general welfare of United States citizens require that state action be taken to help alleviate the conditions caused by this situation. The effects of this incident constitute a disaster wherein human life and public and private property are 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 Governor and 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 confirm, ratify, and memorialize in writing my verbal orders issued on this date, September 1, 2017, whereby I am proclaiming that a state of emergency exists, and I am directing that appropriate assistance be rendered by agencies of both state and local governments to  support response and recovery efforts to states affected by Hurricane Harvey, assist in alleviating any conditions resulting from the incident, and to alleviate any impediments to the transport of gasoline through Virginia. Pursuant to § 44-75.1(A)(3) and (A)(4) of the Code of Virginia, I am also directing that the Virginia National Guard and the Virginia Defense Force be called forth to state active duty to be prepared to assist in providing such aid.

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 hereby order the following protective and restoration measures:

A. Implementation by state agencies of the Commonwealth of Virginia Emergency Operations Plan (COVEOP), as amended, along with other appropriate state agency plans.

B. Activation of the Virginia Emergency Operations Center (VEOC) and the Virginia Emergency Support Team (VEST) to coordinate the provision of assistance to local governments as necessary and determined by the State Coordinator of Emergency Management. I am directing that the VEOC and VEST coordinate state actions in support of affected localities, other mission assignments to agencies designated in the COVEOP, and others that may be identified by the State Coordinator of Emergency Management, in consultation with the Secretary of Public Safety and Homeland Security, which are needed to provide for the preservation of life, protection of property, and implementation of recovery activities.

C. The 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, to provide for the evacuation and reception of injured and other persons and the exchange of medical, fire, police, National Guard personnel and equipment, public utility, reconnaissance, welfare, transportation, and communications personnel, equipment, and supplies. 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.

D. The authorization of the Departments of State Police, Transportation, and Motor Vehicles to grant temporary overweight, over width, registration, or license exemptions to all carriers transporting essential emergency relief supplies, livestock or poultry, feed or other critical supplies for livestock or poultry, heating oil, motor fuels, or propane, or providing restoration of utilities (including but not limited to electricity, gas, phone, water, wastewater, and cable) in and through 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 interstate highways or on posted structures for restricted weight unless there is an associated Federal emergency declaration.

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 (DMV) hauling permit and safety guidelines.

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 above-cited agencies shall communicate this information to all staff responsible for permit issuance and truck legalization enforcement.

E. This Emergency Declaration implements limited relief from the provisions 49 CFR 390-399. Accordingly, the State Coordinator of Emergency Management recognizes the exemption for hours of service by any carrier when transporting essential emergency relief supplies, passengers, property, livestock, poultry, equipment, food, feed for livestock or poultry, fuel, construction materials, and other critical supplies to, through, or from any portion of the Commonwealth for purpose of providing direct relief or assistance as a result of this disaster, pursuant to § 52-8.4 of the Code of Virginia and Title 49 Code of Federal Regulations, Section 390.23 and Section 395.3.

F. The foregoing overweight/over width transportation privileges as well as the regulatory exemption provided by § 52-8.4(A) of the Code of Virginia, and implemented in 19VAC30-20-40 B of the "Motor Carrier Safety Regulations," shall remain in effect for 30 days from the onset of the disaster, while motor carrier and/or driver is in direct assistance providing emergency relief, or until emergency relief is no longer necessary, as determined by the Secretary of Public Safety and Homeland Security in consultation with the Secretary of Transportation, whichever is earlier.

G. The authorization of the Commissioner of Agriculture and Consumer Services to grant a temporary waiver of the maximum vapor pressure prescribed in emergency regulation 2VAC5-425 et seq., and to prescribe a vapor pressure limit it deems reasonable. The temporary waiver shall remain in effect until September 15, 2017, or until emergency relief is no longer necessary, as determined by the Commissioner of Agriculture and Consumer Services.

H. The implementation and discontinuance of the provisions authorized in paragraphs D through F 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. The authorization of a maximum of $16,500,000 in state treasury loan and line of credit funds for state and local governments mission assignments authorized and coordinated through the Virginia Department of Emergency Management that are allowable as defined by The Stafford Act or the Emergency Management Assistance Compact. This funding is also available for state response and recovery operations and incident documentation. Out of this state disaster treasury loan and line of credit, an amount estimated at $ 15,000,000, or more if available, 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. In addition, up to $100,000 in sum sufficient funds shall be made available for operation of the Virginia Emergency Operations Center.

J. The 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. § 44-146.24 of the Code of Virginia also applies to the disaster activities of state agencies

K. Designation of members and personnel of volunteer, professional, auxiliary, and reserve groups including search and rescue (SAR), Virginia Associations of Volunteer Rescue Squads (VAVRS), Civil Air Patrol (CAP), member organizations of the Voluntary Organizations Active in Disaster (VOAD), Radio Amateur Civil Emergency Services (RACES), volunteer fire fighters, Medical Reserve Corps (MRCs), and others 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) and (f) of the Code of Virginia, in the performance of their specific disaster-related mission assignments.

L. The activation of the statutory provisions in § 59.1-525 et seq. of the Code of Virginia related to price gouging. Price gouging at any time is unacceptable. Price gouging is even more reprehensible during a time of disaster after issuance of a state of emergency. I have directed all applicable executive branch agencies to take immediate action to address any verified reports of price gouging of necessary goods or services. I make the same request of the Office of the Attorney General and appropriate local officials. I further request that all appropriate executive branch agencies exercise their discretion to the extent allowed by law to address any pending deadlines or expirations affected by or attributable to this disaster event.

M. The following conditions apply to the deployment of the Virginia National Guard and the Virginia Defense Force:

1. The Adjutant General of Virginia, after consultation with the State Coordinator of Emergency Management, shall make available on state active duty such units and members of the Virginia National Guard and Virginia Defense Force and such equipment as may be necessary or desirable to assist in preparations for this incident and in alleviating the human suffering and damage to property.

2. 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. This shall not be deemed to prohibit working in close cooperation with members of the Virginia Departments of Emergency Management or local law enforcement or emergency management authorities or receiving guidance from them in the performance of their duties.

3. Should service under this Executive Order result in the injury or death of any member of the Virginia National Guard, the following will be provided to the member and the member's dependents or survivors:

a. Workers' Compensation benefits provided to members of the National Guard by the Virginia Workers' Compensation Act, subject to the requirements and limitations thereof; and, in addition,

b. The same benefits, or their equivalent, for injury, disability, and/or death, as would be provided by the federal government if the member were serving on federal active duty at the time of the injury or death. Any such federal-type benefits due to a member and his or her dependents or survivors during any calendar month shall be reduced by any payments due under the Virginia Workers' Compensation Act during the same month. If and when the time period for payment of Workers' Compensation benefits has elapsed, the member and his or her dependents or survivors shall thereafter receive full federal-type benefits for as long as they would have received such benefits if the member had been serving on federal active duty at the time of injury or death. Any federal-type benefits due shall be computed on the basis of military pay grade E-5 or the member's military grade at the time of injury or death, whichever produces the greater benefit amount. Pursuant to § 44-14 of the Code of Virginia, and subject to the availability of future appropriations which may be lawfully applied to this purpose, I now approve of future expenditures out of appropriations to the Department of Military Affairs for such federal-type benefits as being manifestly for the benefit of the military service.

4. The following conditions apply to service by the Virginia Defense Force:

a. Virginia Defense Force personnel shall receive pay at a rate equivalent to a National Guard soldier of like rank, not to exceed 25 years of service.

b. Lodging and meals shall be provided by the Adjutant General or reimbursed at standard state per diem rates;

c. All privately owned equipment, including, but not limited to, vehicles, boats, and aircraft, will be reimbursed for the expense of fuel. Damage or loss of said equipment will be reimbursed, minus reimbursement from personal insurance, if said equipment was authorized for use by the Adjutant General in accordance with § 44-54.12 of the Code of Virginia;

d. In the event of death or injury, benefits shall be provided in accordance with the Virginia Workers' Compensation Act, subject to the requirements and limitations thereof.

Upon my approval, the costs incurred by state agencies and other agents in performing mission assignments through the VEOC of the Commonwealth 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, in performing these missions shall be paid from state funds with reimbursement through the Emergency Management Assistance Compact (EMAC).

Effective Date of this Executive Order

This Executive Order shall be effective September 1, 2017, and shall remain in full force and effect until June 30, 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 1st day of September, 2017.

/s/ Terence R. McAuliffe
Governor