GOVERNOR
EXECUTIVE ORDER NUMBER FORTY (2019)
Declaration of a State of Emergency Due to Hurricane Dorian
Importance of the Issue
On September 2, 2019, I declared a state of emergency in the Commonwealth of Virginia to prepare and coordinate our response to Hurricane Dorian. The anticipated effects of this situation constitute a disaster as described in § 44-146.16 of the Code of Virginia (Code). Therefore, by virtue of the authority vested in me by Article V, Section 7 of the Constitution of Virginia, by §§ 44-146.17 and 44-75.1 of the Code, as Governor and Director of Emergency Management and Commander-in-Chief of the Commonwealth's armed forces, I proclaim a state of emergency. Accordingly, I direct state and local governments to render appropriate assistance to prepare for this event, 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. Emergency services shall be conducted in accordance with § 44-146.13 et seq. of the Code.
In order to marshal all public resources and appropriate preparedness, response, and recovery measures, I order the following actions:
A. Implementation by state agencies of the Commonwealth of Virginia Emergency Operations Plan, as amended, along with other appropriate state plans.
B. Activation of the Virginia Emergency Operations Center and the Virginia Emergency Support Team, as directed by the State Coordinator of Emergency Management, to coordinate the provision of assistance to state, local, and tribal governments and to facilitate emergency services assignments to other agencies.
C. Authorization for the heads of executive branch agencies, on behalf of their regulatory boards as appropriate, and with the concurrence of their cabinet secretary, to waive any state requirement or regulation, and enter into contracts without regard to normal procedures or formalities, and without regard to application or permit fees or royalties. All waivers issued by agencies shall be posted on their websites.
D. Activation of § 59.1-525 et seq. of the Code related to price gouging.
E. Activation of the Virginia National Guard to State Active Duty.
F. Authorization of a maximum of $2.75 million in state sum sufficient funds for state and local government mission assignments and state response and recovery operations authorized and coordinated through the Virginia Department of Emergency Management allowable by The Stafford Act, 42 USC § 5121 et seq. Included in this authorization is $750,000 for the Department of Military Affairs.
Effective Date of this Executive Order
This Executive Order shall be effective as of September 2, 2019, and shall remain in full force and in effect until October 2, 2019 unless sooner amended or rescinded by further executive order. Termination of this 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 3rd day of September, 2019.
/s/ Ralph S. Northam
Governor
EXECUTIVE ORDER NUMBER FORTY-ONE (2019)
Emergency Preparedness Responsibilities of State Agencies and Public Institutions of Higher Education
Importance of the Issue
Sections 44-146.13 to 44-146.28:1 of the Code of Virginia authorize the development and maintenance of the Commonwealth of Virginia's emergency management program and organization and defines the emergency powers, authorities, and responsibilities of the governor. Emergency preparedness is a core responsibility of all executive branch agencies and public institutions of higher education (State Agencies). Therefore, I direct that all State Agencies implement the emergency management initiatives prescribed in this Order to enhance emergency preparedness in our Commonwealth, focusing on continuity of government, continuity of operations, and the operational capability to fulfill their roles in the event of a disaster.
This Order describes the overarching strategic preparedness initiatives for State Agencies. Specific operational responsibilities of State Agencies to respond to emergencies in the Commonwealth are outlined in the Commonwealth of Virginia Emergency Operations Plan (COVEOP), adopted and implemented by Executive Order 42 (2019). The COVEOP also delegates to certain State Agencies and members of the governor's cabinet special powers and authorities, including the authority to grant waivers to regulations and routine processes. Executive Order No. 2 (2018) sets forth the procedural authorities for declaring a state of emergency.
Preparedness is a Core Responsibility of Every State Agency
With protecting the citizens of the Commonwealth as a primary duty, and by virtue of the authority vested in me by Article 5, §§ 1 and 7 of the Constitution of Virginia and by § 44-146.17 of the Code of Virginia, as governor and Director of Emergency Management, I direct each State Agency to include emergency preparedness planning, training, and exercises as basic responsibilities. Additionally, each State Agency shall include emergency preparedness in its strategic planning and performance management process. All State Agencies shall support cabinet-level continuity of government efforts, develop and maintain a continuity of operations plan, use all resources and capabilities to support statewide response and recovery efforts and provide emergency public information resources. Furthermore, I encourage legislative, judicial, and independent State Agencies to develop and maintain a continuity of operations plan in order to ensure the continued provision of essential state governmental services to citizens during an emergency.
Ensure State-Level Readiness
Catastrophic disaster response and recovery requires the whole of state government. As such, all cabinet-level offices and State Agencies, including those not designated in the COVEOP, shall be prepared to support disaster preparedness, response, and recovery efforts upon direction of the governor or his designee.
In order to be prepared for potential emergency situations, I order the following:
A. Cabinet Responsibilities
Each member of the governor's cabinet shall be responsible for conducting an annual review of the disaster preparedness, response, and recovery roles assigned to his or her office and State Agencies to ensure that they have adequate plans, federally-compliant emergency procurement contracts, staff, and resources to fulfill their responsibilities as assigned in the COVEOP.
B. Agency-Designated Virginia Emergency Support Team (VEST) Liaison Officer
The VEST is the interagency coordinating group that operates the Virginia Emergency Operations Center (VEOC) to carry out emergency response and recovery activities. In order to fulfill the mission of the Commonwealth's emergency management program, it is essential that all State Agencies have adequate representation on the VEST. Therefore, each executive branch agency shall appoint a VEST Liaison Officer and at least one alternate to serve as the primary point of contact for all disaster preparedness, response and recovery matters. VEST Liaison Officers shall have subject matter expertise to staff relevant Emergency Support Functions, the authority to dedicate resources, and the ability to fulfill other assignments upon activation of the VEST. VEST Liaison Officers shall also participate in monthly exercises in the VEOC and follow a training program as determined by the Virginia Department of Emergency Management (VDEM). The primary and alternate VEST Liaison Officers shall have direct access to the head of his or her agency.
The VEST Liaison Officers shall be responsible for the following duties:
1. Familiarity with the COVEOP available on the VDEM website;
2. Preparation and maintenance of the portions of the COVEOP for which they are responsible. Lead agencies are responsible for coordinating revisions to their respective portions of the COVEOP and complying with the content and submission requirements established by VDEM;
3. Pursuant to § 2.2-222.1 of the Code of Virginia, preparation and maintenance of a written internal agency plan to fulfill the responsibilities designated in the COVEOP. Plans shall be compliant with VDEM's template and submitted to VDEM annually by May 1;
4. Maintenance of a current roster of personnel with appropriate skill-sets designated to staff Emergency Support Functions or other VEST assignments during disaster operations;
5. The staffing and/or coordination of personnel to support 13-hour shifts in the VEOC, Disaster Recovery Center, and/or Joint Field Office during disasters or other emergencies as directed by VDEM;
6. Coordination of disaster-related information through standard VEST processes;
7. To serve as the agency point-of-contact for disaster-related waivers or exemptions for registration, licensing, or permitting requirements;
8. Oversight of the agency's collection of disaster-related costs and its submission of cost reports to the Finance and Administration Section of the VEST;
9. Identification and coordination of appropriate agency personnel to participate in VEST exercises and training events as authorized by the agency head in order to increase awareness of the role of personnel during disasters or emergencies;
10. The State Agency's compliance with the National Incident Management System; and
11. Completion of emergency management course requirements as determined by VDEM and participation in monthly VEST training and exercises.
C. State Agency Emergency Management Coordinator
Each State Agency shall appoint an Emergency Management Coordinator (EMC) and at least one alternate. Under the guidance of the EMC, each State Agency shall develop and maintain plans that outline the actions to be undertaken by building occupants during emergency situations, severe weather scenarios, and all related preparedness drills. The State Agency primary and alternate EMCs shall have direct access to the head of the facility, the head of the agency, or president of the public institutions of higher education during declared states of emergency.
EMCs shall be responsible for the following duties:
1. Development, adoption, and maintenance of a current written Occupant Emergency Action Plan with respect to executive branch agencies, consisting of building evacuation, shelter-in-place, active threat, and other hazards or emergencies as deemed appropriate;
2. Coordination of the Occupant Emergency Action Plan with the appropriate local emergency management agency; and
3. Development, adoption, and maintenance of a written Crisis and Emergency Management Plan with respect to public institutions of higher education, and compliance with all related requirements in § 3.1-804 of the Code of Virginia.
EMCs shall also be responsible for the following duties related to continuity of operations planning:
1. The annual creation and update of the State Agency's continuity of operations plan to conform to the most recent template produced by VDEM;
2. The conduct of continuity awareness briefings (or other means of orientation) for all newly-hired personnel (including host or contract personnel) on the State Agency's continuity of operations plan within 90 days of hire or appointment;
3. The conduct of an annual continuity awareness briefing for agency leadership. The continuity awareness briefing must include, at a minimum, individual continuity plan duties, mission essential functions, and orders of succession;
4. The maintenance of a current roster of State Agency personnel required to implement the continuity of operations plan;
5. The conduct of an annual test or exercise of the continuity of operations plan that includes alert, notification, and activation procedures for key personnel;
6. The completion of an After Action Report within three months of a continuity of operations plan test, exercise, or actual event, and monitor the correction of identified deficiencies. These deficiencies shall also be corrected in a reasonable time frame as resources allow; and
7. The annual submission of a list of continuity of operations plan alternate facilities to the Department of General Services by July 1.
D. State Agency Participation in the Joint Information Center during Emergencies
Providing a consistent message to citizens and the public during a disaster is of critical importance. Therefore, I direct that all members of the governor's cabinet and State Agencies coordinate emergency public information with VDEM during states of emergency. I also direct that executive branch agencies appoint a public information officer to staff the VEST Joint Information Center at the request of VDEM. All State Agency public information officers shall complete a training course in emergency public communications as directed by VDEM.
E. State Workforce Preparedness and Disaster Support
In order to promote a culture of preparedness within the Commonwealth, I direct that all personnel and faculty of State Agencies shall successfully complete Emergency Management for State Employees training annually. This course will be offered online through the Commonwealth of Virginia Learning Center website and will be available after January 1, 2020.
Members of my cabinet, executive branch agency heads, and other key personnel, including any state employee, are subject to having leave cancelled during preparedness activities for a declaration of state of emergency.
The state employee workforce is essential to the Commonwealth's ability to prepare for, respond to, and recover from emergencies and disasters. Therefore, all State Agencies shall include the standard emergency preparedness and assistance statement found on the Department of Human Resource Management web site in state Employee Work Profiles. This statement shall serve as notice to employees that they may be required to perform other emergency management duties, including supporting and staffing the VEST during a disaster. Department of Human Resource Management in coordination with VDEM, shall identify a method to leverage effectively the state employee workforce in anticipation of disaster response and recovery operations.
Effective Date of the Executive Order
This Executive Order rescinds and replaces Executive Order No. 41 (2011) issued by Governor Robert F. McDonnell.
This Executive Order shall be effective upon its signing and shall remain in full force and effect unless amended or rescinded by further executive order.
Given under my hand and the Seal of the Commonwealth of Virginia this 3rd day of September, 2019.
/s/ Ralph S. Northam
Governor
EXECUTIVE ORDER NUMBER FORTY-TWO (2019)
Promulgation of the Commonwealth of Virginia Emergency Operations Plan and Delegation of Authority
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, I hereby promulgate and issue the Commonwealth of Virginia Emergency Operations Plan (Plan) updated in July 2019 by the Virginia Department of Emergency Management. The Plan provides for state government's response to emergencies and disasters wherein assistance is needed by affected state, tribal, and local governments in order to save lives, protect public health, safety, and property, restore essential services, and enable and assist with economic recovery.
The plan is consistent with the Commonwealth of Virginia Emergency Services and Disaster Law (§ 44-3.2 of the Code of Virginia), the National Incident Management System as implemented in the National Response Framework (Third Edition) adopted in 2016, and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC § 5121 et seq., as amended) with its implementing regulations.
The State Coordinator of Emergency Management is hereby authorized to activate the Plan in order to coordinate state government emergency operations on my behalf. Furthermore, the State Coordinator of Emergency Management is hereby authorized, in coordination with the governor's office, to amend the Plan as necessary in order to achieve the preparedness goals and initiatives of the Nation and the Commonwealth in accordance with the Commonwealth of Virginia Emergency Services and Disaster Law (§ 44-3.2 of the Code of Virginia).
Successful implementation of the Plan and response and recovery capabilities will require the whole of state government. Therefore, during a declared state of emergency, I delegate the authority to issue waivers or exemptions for registration, licensing, or permitting requirements to the authorizing executive branch agency head in coordination with their respective cabinet secretary. Upon action, the agency head shall provide my office and the Virginia Department of Emergency Management a copy of all waivers and exemptions.
When this Plan is activated, the following measures apply, as appropriate, in order to marshal all public resources and appropriate preparedness, response, and recovery measures to meet the threat and recover from its effects, and in accordance with my authority contained in § 44-146.17 of the Code of Virginia:
• 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.
• When called to active duty in a declaration of a state of emergency, provision of assistance by the Virginia National Guard to the Virginia Department of State Police to ensure crowd control, direct traffic, prevent looting, and perform such other law enforcement functions as deemed necessary by the Superintendent of State Police (in consultation with the State Coordinator of Emergency Management, the Adjutant General, the Secretary of Public Safety and Homeland Security, and the Secretary of Veterans and Defense Affairs). Pursuant to § 52-6 of the Code of Virginia, I authorize the Superintendent 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. The members of the Virginia National Guard activated for this event shall be authorized under § 44-75.1 A 3 of the Code of Virginia, to perform all acts necessary to accomplish the above assistance. The Virginia National Guard shall have the power of arrest to enforce laws, including all violations of § 18.2, Ch. 9, Art. 1 and 2 of the Code of Virginia (Crimes Against Peace and Order; Riot and Unlawful Assembly; Disorderly Conduct), and such other acts necessary to protect lives, preserve property, and in defense of self and others. 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.
• When so ordered by me, 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 based on the advice of 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 the advice of 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.
• As determined by the State Coordinator of Emergency Management, 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.
• 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.
• Authorization of the Virginia Departments of State Police, Transportation, and Motor Vehicles to grant temporary overweight, overwidth, registration, license, or hours of service exemptions to any 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, 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. When and where overweight restrictions are granted, posted structures for restricted weight and restrictions on interstate highways are not valid. The exemption shall not exceed the duration of the motor carriers' or drivers' direct assistance in providing emergency relief.
1. All overwidth loads, up to a maximum of 12 feet, and overheight loads up to a maximum of 14 feet must follow Virginia Department of Motor Vehicles hauling permit and safety guidelines.
2. If overweight/overwidth transportation privileges are granted, the 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.
• 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.
• 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.
• Provision of appropriate assistance, including temporary assignments of non-essential state employees to the Adjunct Emergency Workforce, shall be rendered by state agencies to respond to this situation, as necessitated by each agency or as directed by the State Coordinator of Emergency Management.
• 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 siting, 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.
• Authorization for the Marine Resources Commissioner to act on behalf of the Commission in issuing permits pursuant to § 28.2-1200 et seq. of the Code of Virginia when, in the judgment of the Commissioner, it is necessary to address immediate health and safety needs and the Commission would be unable to convene in a timely manner. In an effort to address the impacts attributable to the disaster 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.
• 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.
• 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.
• Activation of the statutory provisions in § 59.1-525 et seq. of the Code of Virginia related to price gouging.
• In the event, Virginia residents require a variety of emergency medical services and procedures to support the proper management, care, and support of persons affected by the disaster, activation of sections §§ 32.1-42.1, 32.1-48.05, and 44-146.17 (1) et seq. of the Code of Virginia.
• In the event of a mass fatality incident, as so determined by the Office of the Chief Medical Examiner in consultation with the State Coordinator of Emergency Management, authorization for the Board of Funeral Directors and Embalmers to ease enforcement of regulatory and statutory requirements relating to the management of human remains if necessary to address immediate health and safety needs and limit the spread of disease or contamination.
• Authorization for the Director of the Department of Health Professions to issue temporary licenses, registrations, and certifications to practice in the Commonwealth, for a period not to exceed one year, to health care practitioners who otherwise qualify by Virginia standards, who are displaced residents of affected U.S. jurisdictions, hold like unrestricted licenses, registrations, or certifications in their resident jurisdiction, and who are unable to furnish or have furnished on their behalf complete documentation of their credentials and license status as otherwise required by Virginia law. The Director shall also have the authority to defer the payment of licensing fees. The Director may revoke for cause, without hearing, any such license, regulation, or certification.
• As provided in the declaration of a state of emergency, authorization of state sum sufficient funds for state and local government mission assignments authorized and coordinated through the Virginia Department of Emergency Management. This funding is also available for state response and recovery operations, state share of federal disaster aid, state public assistance, and incident documentation. Out of this state disaster sum sufficient, I authorize funding 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.
• If eligible, authorization of matching funds for the Individuals and Household Program, authorized by The Stafford Act 42 USC § 5121 et seq. (when presidentially authorized), to be paid from state funds.
• 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.
• 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.
• 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.
• 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.
• As provided in § 44-146.23 F 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 of this emergency.
• Authorization for the State Coordinator of Emergency Management to determine as necessary that the Commissioner of the Virginia Department of Social Services (VDSS) will activate the SCR Shelter 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 the Executive Order
This Executive Order rescinds and replaces the promulgation previously issued in Executive Order Number Fifty (50) issued on August 20, 2012, by Governor Robert F. McDonnell.
This Executive Order shall be effective upon its signing and shall remain in full force and effect unless amended or rescinded by further executive order.
Given under my hand and the Seal of the Commonwealth of Virginia this 3rd day of September, 2019.
/s/ Ralph S. Northam
Governor