EXECUTIVE ORDER NUMBER SEVENTY-EIGHT (2021)
Declaration of a State of Emergency Due to the Shutdown of the Colonial Pipeline
Importance of the Issue
On this date, May 11, 2021, I declare that a state of emergency exists in the Commonwealth of Virginia to prepare and coordinate our response to the voluntary shutdown of the Colonial Pipeline due to a cyber-attack on its business systems' informational technology infrastructure on May 7, 2021. If prolonged, the pipeline closure will result in gasoline supply disruptions to various retailers throughout the Commonwealth, since the pipeline is the primary source of gasoline to many Virginia retailers. While current gasoline reserves in the Commonwealth are sufficient to address immediate supply concerns, a long-term disruption in the pipelines will require transportation of fuel and other oil-derivatives via interstate and state roadways. 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, I proclaim a state of emergency. Accordingly, I direct state and local governments 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. 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.
Effective Date of this Executive Order
This Executive Order shall be effective May 11, 2021, and shall remain in full force and in effect until June 10, 2021, unless sooner amended, terminated, 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 11th day of May, 2021.
/s/ Ralph S. Northam, Governor
EXECUTIVE ORDER NUMBER SEVENTY-NINE (2021)
and Order of Public Health Emergency Ten
Ending of Commonsense Public Health Restrictions Due to Novel Coronavirus (COVID-19)
Importance of the Issue
Since March 2020, Virginians have fought against the spread of COVID-19. We have witnessed service and sacrifice across the Commonwealth from our frontline workers, our students and teachers, our business owners, essential employees, and our families and neighbors. We have lost an astounding number of Virginians to this pandemic, and everyone has lost something. Commonsense public health restrictions have kept many Virginians safe during the last year, and with vaccines now widely available – over three million Virginians are fully vaccinated and safe from serious illness or death caused by COVID-19 – it is time to begin our new normal. COVID-19 remains a serious risk to unvaccinated people, and I encourage all Virginians to get their shot as soon as possible. Masks are a critical tool in protecting yourself and others until you are fully vaccinated.
Directive
Therefore, by virtue of the authority vested in me by Article V of the Constitution of Virginia, by § 44-146.17 of the Code of Virginia, by any other applicable law, and in furtherance of Amended Executive Order 51 (2020), and by virtue of the authority vested in the State Health Commissioner pursuant to §§ 32.1-13, 32.1-20, and 35.1-10 of the Code of Virginia, the following is ordered:
CONTINUED GUIDANCE ON MASK WEARING
A. Masks – Indoors and Outdoors
All individuals in the Commonwealth aged five and older should cover their mouth and nose with a mask in accordance with the Center for Disease Control and Protection guidance linked here. If there is a conflict between the sector-specific guidelines and this section, the sector-specific guidelines governs.
B. Masks – Enforcement
1. The Virginia Department of Health shall have authority to enforce this Order. The State Health Commissioner may also seek injunctive relief in circuit court for violation of this Order, pursuant to § 32.1-27 of the Code of Virginia.
2. The Virginia Department of Labor and Industry, pursuant to § 40.1-51.1 of the Code of Virginia, the Department of Professional and Occupational Regulation, pursuant to 18 Va. Admin. Code § 41-20-280, the Virginia Department of Agriculture and Consumer Services, pursuant to § 3.2-5106 of the Code of Virginia or any other law applicable to these agencies, shall have authority to enforce section I of this Order.
3. Medical-grade masks and personal protective equipment should be reserved for medical personnel. The use of cloth masks does not replace the need to maintain the appropriate physical distancing, clean and disinfect frequently touched surfaces routinely in all public settings, stay home when sick, and practice frequent handwashing.
C. Masks – Exceptions
1. Where required to wear a mask, the requirement does not apply to the following:
a. While eating or drinking;
b. Individuals exercising or using exercise equipment;
c. Any person who is playing a musical instrument when wearing a mask would inhibit the playing of the instrument (e.g. wind or brass instrument) so long as at least ten feet of physical distance can be maintained from other persons, whether the rehearsal or performance is indoors or outdoors;
d. Any person who has trouble breathing, or is unconscious, incapacitated, or otherwise unable to remove the mask without assistance;
e. Any person seeking to communicate with people who are deaf or hard of hearing and for which the mouth needs to be visible;
f. When temporary removal of the mask is necessary to secure government or medical services;
g. When necessary to participate in a religious ritual; and
h. Persons with health conditions or disabilities that prohibit wearing a mask. Nothing in this Order shall require the use of a mask by any person for whom doing so would be contrary to his or her health or safety because of a medical condition. Adaptations and alternatives for individuals with health conditions or disabilities should be considered whenever possible to increase the feasibility of wearing a mask to reduce the risk of COVID-19 spreading if it is not possible to wear one.
2. Any person who declines to wear a mask because of a medical condition shall not be required to produce or carry medical documentation verifying the stated condition nor shall the person be required to identify the precise underlying medical condition.
D. Masks – Public and Private K-12 Schools
All students, teachers, staff, and visitors must wear a mask over their nose and mouth while on school property subject to section C.
E. Masks – Waiver
The waiver of § 18.2-422 of the Code of Virginia is continued, so as to allow the wearing of a medical mask, respirator, or any other protective face covering for the purpose of facilitating the protection of one’s personal health in response to the COVID-19 public health emergency declared by the State Health Commissioner on February 7, 2020, and reflected in Amended Executive Order 51 (2020) declaring a state of emergency in the Commonwealth. Amended Executive Order 51 (2020) remains so amended. This waiver is effective as of March 12, 2020 and will remain in effect until 11:59 p.m. on June 30, 2021, unless amended or rescinded by further executive order.
Effective Date of this Executive Order
This Order is in furtherance of Amended Executive Order 51 (2020). Further, this Order terminates Seventh Amended Number Seventy-Two (2021) and Order of Public Health Emergency Nine, shall be effective midnight on May 28, 2021, and shall remain in full force and effect until amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia and the Seal of the Office of the State Health Commissioner of the Commonwealth of Virginia, this 14th day of May, 2021.
/s/ Ralph S. Northam, Governor