GOVERNOR
EXECUTIVE ORDER NUMBER TEN (2018)
Declaration of a State of Emergency
for the Commonwealth of Virginia Due to Severe
Weather and Flooding
Importance of the Issue
On this date, June 8, 2018, I am declaring a state of emergency
to exist for the Commonwealth of Virginia based on a series of severe
thunderstorms that began impacting the Commonwealth on May 14, 2018, and
continued through June 3, 2018. These storms produced damaging winds and
resulted in severe flooding, downed trees, large-scale power outages, and loss
of life.
The health and general welfare of the citizens require state
action to help alleviate the conditions caused by this situation. The 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 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 proclaim a state of emergency.
Accordingly, I direct state and local government agencies to render appropriate
assistance, 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 detailed in
§ 44-146.17 of the Code of Virginia, I hereby order the following
measures:
A. Implementation by state agencies of the Commonwealth of
Virginia Emergency Operations Plan (COVEOP), as amended, 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. Evacuation of areas threatened or stricken by effects of
the severe weather and flooding, 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
and upon such timetable as the local governing body, in coordination with the
VEST, acting on behalf of the State Coordinator of Emergency Management, shall
determine. I authorize the control of ingress and egress at an emergency area,
including the movement of persons within the area and the occupancy of premises
therein upon such timetable as the local governing body, in coordination with
the State Coordinator of Emergency Management and the VEST, shall determine.
Violations of any order to citizens to evacuate shall constitute a violation of
this Executive Order and are punishable as a Class 1 misdemeanor.
D. 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.
E. Provision of appropriate assistance, including temporary
assignments of non-essential state employees to the Adjunct Emergency
Workforce, shall be rendered by agencies of state government to respond to this
situation.
F. Authorization of appropriate oversight boards, commissions,
and agencies to waive and/or ease building code restrictions and 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,
permit fees, or royalties. All appropriate executive branch agencies are to
exercise their discretion to the extent allowed by law to address any pending
deadlines or expirations affected by or attributable to this emergency event.
G. Authorization for the heads of executive branch agencies,
acting when appropriate on behalf of their regulatory boards, to waive any
state requirements or regulation for which the federal government has issued a
waiver of the corresponding federal or state regulation based on the impact of
events related to this situation.
H. Activation of the statutory provisions in § 59.1-525
et seq. of the Code of Virginia related to price gouging.
I. Authorization of a maximum of $300,000 in state sum
sufficient funds for state and local government's mission assignments
authorized and coordinated through the Virginia Department of Emergency
Management that are allowable as defined by the Stafford Act, 42 USC § 5121
et seq. This funding is also available for state response and recovery
operations and incident documentation.
J. Authorization of an amount estimated at $500,000 for
matching funds for the Individuals and Household Program, authorized by the
Stafford Act (when presidentially authorized), to be paid from state funds.
K. 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, and 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.
L. During this declared emergency, any person who holds a
license, certificate, or other permit issued by any U.S. territory, state, or
political subdivision thereof, evidencing the meeting of qualifications for
professional, mechanical, or other skills, without compensation other than
reimbursement for actual and necessary expenses, may render aid involving that
skill in the Commonwealth during a disaster, and 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 the Code of Virginia § 44-146.23(C). 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) and (f) of the Code of Virginia, in
the performance of their specific disaster-related mission assignments.
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.
Effective Date of this Executive Order
This Executive Order shall be effective May 14, 2018, and
shall remain in full force and in effect until July 6, 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 8th day of June, 2018.
/s/ Ralph S. Northam
Governor