GOVERNORVol. 28 Iss. 4 - October 24, 2011
GOVERNOR
EXECUTIVE ORDER NUMBER 40 (2011)
Declaration of a State of Emergency for the Commonwealth of Virginia due to the Threat of Significant Flooding, Heavy Rains, and Wind Damage caused by Hurricane Irene
Importance of the Issue
On August 25, 2011, I verbally declared a state of emergency to exist for the Commonwealth of Virginia based on National Hurricane Center and National Weather Service forecasts projecting impacts from Hurricane Irene could cause damaging high winds, periods of heavy rainfall, and coastal and lowland flooding throughout the eastern portion of the Commonwealth.
The health and general welfare of the citizens require that state action be taken to help alleviate the conditions caused by this situation. The effects of this storm 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 August 25, 2011, whereby I proclaimed that a state of emergency exists and I directed that appropriate assistance be rendered by agencies of both state and local governments to prepare for potential impacts of the storm, alleviate any conditions resulting from significant storm events, and to implement recovery and mitigation operations and activities so as to return impacted areas to pre-event conditions in so far as possible. Pursuant to § 44-75.1(A)(3) and (A)(4) of the Code of Virginia, I also directed that the Virginia National Guard and the Virginia Defense Force be called forth to state duty to be prepared 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, may find necessary.
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 agencies of the state and local governments of the Commonwealth of Virginia Emergency Operations Plan, as amended, along with other appropriate state agency plans.
B. Activation of the Virginia Emergency Operations Center (VEOC) and the Virginia Emergency Response Team (VERT) to coordinate the provision of assistance to local governments. I am directing that the VEOC and VERT coordinate state actions in support of affected localities, other mission assignments to agencies designated in the Commonwealth of Virginia Emergency Operations Plan (COVEOP), and others that may be identified by the State Coordinator of Emergency Management, in consultation with the Secretary of Public Safety, which are needed to provide for the preservation of life, protection of property, and implementation of recovery activities.
C. The authorization to assume control over the Commonwealth's state-operated telecommunications systems, as required by the State Coordinator of Emergency Management, in coordination with the Virginia Information Technology Agency, and with the consultation of the Secretary of Public Safety, making all systems assets available for use in providing adequate communications, intelligence, and warning capabilities for the event, pursuant to § 44-146.18 of the Code of Virginia.
D. The evacuation of areas threatened or stricken by effects of the storm. Following a declaration of a local emergency pursuant to § 44-146.21 of the Code of Virginia, if a local governing body determines that evacuation is deemed necessary for the preservation of life or other emergency mitigation, response, or recovery, pursuant to § 44-146.17(1) of the Code of Virginia, I direct 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 Virginia Emergency Operations Center (VEOC), acting on behalf of the State Coordinator of Emergency Management, shall determine. Notwithstanding the foregoing, I reserve the right to direct and compel evacuation from the same and different areas and determine a different timetable both where local governing bodies have made such a determination and where local governing bodies have not made such a determination. 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. 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, and 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.
F. 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 or providing restoration of utilities (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.
All over width loads, up to a maximum of 12 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 registration with the Department of Motor Vehicles. This includes vehicles in 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.
Authorization of the State Coordinator of Emergency Management to grant limited exemption of hours worked by any carrier when transporting passengers, property, equipment, food, fuel, construction materials, and other critical supplies to 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.
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, or until emergency relief is no longer necessary, as determined by the Secretary of Public Safety in consultation with the Secretary of Transportation, whichever is earlier.
G. The discontinuance of provisions authorized in paragraph F above may be implemented and disseminated by publication of administrative notice to all affected and interested parties by the authority I hereby delegate to the Secretary of Public Safety, after consultation with other affected Cabinet-level Secretaries.
H. The authorization of a maximum of $250,000 for matching funds for the Individuals and Household Program, authorized by The Stafford Act (when presidentially authorized), to be paid from state funds.
I. 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. Section 44-146.24 of the Code of Virginia also applies to the disaster activities of state agencies.
J. Designation of members and personnel of volunteer, 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, Citizen Corps Programs such as Medical Reserve Corps (MRCs), Citizen Emergency Response Teams (CERTs), 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.
K. The authorization of appropriate oversight boards, commissions, and agencies to ease building code restrictions and to permit emergency demolition, hazardous waste disposal, debris removal, emergency landfill sitting, and operations and other 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.
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 after a natural disaster. 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.
M. The grant of authorization pursuant to § 44-146.17 of the Code of Virginia for localities to control ingress and egress at an emergency area, including the movement of persons within the area and the occupancy of premises therein, provided such locality has issued a declaration of emergency related to Hurricane Irene. This authority is granted as necessary for such locality to ensure the safety and security of its residents and may be exercised only for a period of up to 48 hours, or until 12:00 p.m. on August 29, 2011, whichever occurs first. This authority may be extended only upon specific request to the Governor.
N. 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 event and in alleviating the human suffering and damage to property.
2. 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 State Police officers appointed by the Superintendent. However, they shall nevertheless remain members of the Virginia National Guard, subject to military command as members of the State Militia. 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.
3. 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 State Police or Emergency Management or local law enforcement or emergency management authorities or receiving guidance from them in the performance of their duties.
4. Military vehicles of the Virginia National Guard and Virginia Defense Force are authorized to obtain fuel at Virginia Department of Transportation fueling facilities and pass through Virginia Department of Transportation operated toll facilities, all without charge.
5. 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.
6. The following conditions apply to service by the Virginia Defense Force:
a. Compensation shall be at a daily rate that is equivalent of base pay only for a National Guard Unit Training Assembly, commensurate with the grade and years of service of the member, not to exceed 20 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 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; and
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 paragraph 5 (a) above pertaining to the Virginia National Guard and in paragraph 6 (d) above pertaining to the Virginia Defense Force, in performing these missions shall be paid from state funds and/or federal funds. In addition, up to $250,000 shall be made available for state response and recovery operations and incident documentation with the Department of Planning and Budget overseeing the release of these funds.
Effective Date of this Executive Order
This Executive Order shall be effective retroactively to August 25, 201l, and shall remain in full force and effect until June 30, 2012, 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 the 28th day of September, 2011.
/s/ Robert F. McDonnell
Governor
EXECUTIVE ORDER NUMBER 41 (2011)
Continuing Preparedness Initiatives In State Government and Affirmation of the Commonwealth of Virginia Emergency Operations Plan
Importance of the Issue
The state government agencies and institutions of higher education of the Commonwealth of Virginia must continue to be prepared for all disasters. It is the responsibility of state government to provide for the well being of the citizens of the Commonwealth and to ensure the continuity of state government operations, including the delivery of essential state governmental services.
It continues to be vitally important that preparedness for all disasters be considered an essential common responsibility that each agency of the Commonwealth, including institutions of higher education, diligently maintains. The continued development and coordination of preparedness initiatives within state government will equip the Commonwealth with the tools necessary to help prevent, respond to, and recover from any disaster. I, therefore, direct that appropriate preparedness initiatives, as prescribed in this executive order, continue to be an essential component of the mission of each executive branch agency, including institutions of higher education, with priority being placed in the following areas:
Preparedness as an Agency Mission
With the obligation to protect the citizens of the Commonwealth as my primary duty, and by the virtue of authority vested in me by Article 5, Sections 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 executive branch agency of the Commonwealth, including institutions of higher education, to continue to include emergency preparedness planning and training as a core competence of their mission. This order affirms the continuing responsibility of each agency including institutions of higher education, to appoint an Emergency Coordination Officer (ECO) and at least one alternate. Under the guidance of the Emergency Coordination Officer, each agency shall maintain a current Continuity of Operations Plan as well as written Emergency Action Plans so that agencies are well prepared to respond to any disaster with full consideration given to the best interests of the protection of the citizens of the Commonwealth and its infrastructure. The Emergency Coordination Officer shall coordinate with the Department of Emergency Management with regard to Continuity of Operations Plan as well as training, testing and exercising the plan.
Preparedness Planning
Each executive branch agency, including institutions of higher education, shall continue to include emergency preparedness in its strategic planning and performance management process, pursuant to guidelines promulgated by, and posted on the web site of, the Secretary of Veterans Affairs and Homeland Security. These guidelines will be formulated in collaboration with the Governor's Cabinet, Homeland Security Working Group, the Department of Planning and Budget, and the Department of Emergency Management.
Preparedness as an Individual Responsibility
Preparedness, as a common good, continues to require executive branch agencies, including institutions of higher education, and their employees, to actively participate in the creation and promotion of a "Culture of Preparedness" within the Commonwealth. Consequently, I continue the directive that all state employees shall complete the prescribed Terrorism and Security Awareness Orientation course within ninety days after commencing state service. I further direct that all executive branch agencies including institutions of higher education ensure that individual training in DHRM-HR Policy - Preventing Workplace Violence is successfully completed by all new employees within ninety days after commencing state service. Both courses are offered online through the Commonwealth of Virginia Knowledge Center website. Additionally, any state employee including institutions of higher education, as authorized by their agency head, shall be permitted to participate in either the "State Safe" Community Emergency Response Team (CERT) training program offered by the Department of Emergency Management or any local CERT training program and participation shall be considered work time up to twenty two hours.
Emergency Coordination Officers
Under the leadership of the Secretary of Veterans Affairs and Homeland Security, in collaboration with the Virginia Department of Emergency Management and the Department of Human Resources Management, each agency and institution of higher education shall certify that their primary and alternate Emergency Coordination Officers, and any other appropriate personnel specifically designated by the agency head, have completed the appropriate preparedness courses. These courses include FEMA independent study training courses IS-100.b (ICS100), IS-700.a (NIMS) and IS-800 (NRF) and are available through the Secretary of Veterans Affairs and Homeland Security website.
Emergency Coordination Officers shall be responsible for the following duties as they relate to Emergency Operations Planning:
1. Be familiar with the contents of the Commonwealth of Virginia Emergency Operations Plan (COVEOP or "the Plan") available on the VDEM web site;
2. Prepare and maintain designated parts of the Plan for which the agency is responsible;
3. Prepare and maintain a written internal agency or institution of higher education plan and procedures to fulfill the responsibilities designated in the Plan;
4. Maintain a current roster of agency personnel designated to assist in disaster operations and ensure that personnel on the roster are accessible and available for training, exercises, and activations of the Plan;
5. Develop, adopt, and keep current a written Emergency Action Plan (consisting of building evacuation, shelter in place, active shooter and any other emergency response plans) with respect to executive branch agencies or a Crisis and Emergency Management Plan with respect to institutions of higher education;
6. Ensure that the Emergency Action Plan or Crisis and Emergency Management plan is coordinated with the appropriate local emergency management agency;
7. Coordinate with the Department of Emergency Management and local jurisdiction regarding emergency preparedness, response and recovery plans. Executive branch agencies and institutions of higher education shall be National Incident Management System (NIMS) compliant;
8. Successfully complete either the "State Safe" CERT training program offered by VDEM or a CERT training program offered locally for the purpose of attaining basic emergency response skills and team development; and
9. Monitor the Secretary of Veterans Affairs & Homeland Security web site and comply with changes and updates to defined ECO preparedness requirements.
A Continuity of Operations Plan describes how an agency or institution of higher education will continue to provide essential services or perform mission essential functions during a disaster or other event that disrupts normal operations. Continuity of Operation planning is critical to the ability of the Commonwealth to continue to deliver valuable and essential services to its citizens during and immediately after a disaster. Therefore, to provide for consistent and uniform continuity planning, I continue the direction that Emergency Coordination Officers for each executive branch agency, including institutions of higher education, coordinate the following:
1. Utilize the resources available from the Virginia Department of Emergency Management for creating or updating Continuity of Operations Plans;
2. Annually create or update Continuity of Operation Plans to include relevant information and to conform to the most recent template produced by the Virginia Department of Emergency Management;
3. Conduct continuity awareness briefings (or other means of orientation) for all applicable personnel (including host or contractor personnel) on the agency Continuity of Operations Plan within sixty days of hire or placement;
4. Conduct annual training for agency leadership and all key personnel, including host or contractor personnel assigned to activate, support and sustain the Continuity Plan. The training must minimally include individual Continuity Plan duties, mission essential functions, and orders of succession;
5. Maintain a roster of agency personnel consistent with their Continuity of Operations Plan;
6. Executive branch agencies shall conduct an annual test or exercise of the Continuity of Operations Plan that includes alert, notification, and activation procedures for key personnel. Institutions of higher education shall conduct an annual functional exercise in accordance with Virginia Code § 23-9.2:9; and
7. Complete an After Action Report (AAR) within three months of a Continuity 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.
Assessing Continuity of Operations Plans
The process of creating or updating Continuity of Operations Plans shall be completed by each agency including institutions of higher education by April 1st of each year, with an electronic copy sent to the Virginia Department of Emergency Management. The Secretary of Veterans Affairs and Homeland Security, in consultation with the Virginia Department of Emergency Management, is authorized to review executive branch agencies' including institutions of higher education's Continuity of Operations Plans by October 31st each year.
A report on the status of the Commonwealth's executive branch agency's Continuity of Operations Plans, prepared by the Secretary of Veterans Affairs and Homeland Security in collaboration with the Virginia Department of Emergency Management, will be due to me annually by no later than December 31st of each year.
Annual Preparedness Assessment
I continue to authorize the Secretary of Veterans Affairs and Homeland Security in collaboration with any other executive branch agency deemed to be appropriate, to create, devise, and disseminate an annual preparedness assessment for executive branch agencies as well as an assessment for institutions of higher education in order gauge the overall level of preparedness in the following major areas of emphasis; physical security, continuity of operations planning, information technology security, document protection, human resources preparedness, training, and interoperable communications. The purpose of conducting such assessments shall be to identify deficiencies in these major preparedness areas of emphasis and to devise solutions to address those areas of needed improvement.
All executive branch agencies and institutions of higher education, through their Emergency Coordination Officer, shall complete their respective annual preparedness assessment by October 31st of each year. The Secretary of Veterans Affairs and Homeland Security will provide a report summarizing the results of the assessments to include areas of strength as well as areas in need of improvement to me by December 31st of each year.
Governor's Certification Program
The Secretary of Veterans Affairs and Homeland Security is to continue to certify whether or not each agency, through their Emergency Coordination Officer, has annually updated all of its emergency plans and procedures in all appropriate respects. I continue the authorization to the Secretary of Veterans Affairs and Homeland Security, in collaboration with any other executive branch agency deemed to be appropriate, to design, modify and administer the criteria for a Governor's Preparedness Certification Program designed to recognize those agencies and institutions of higher education that represent exemplary preparedness initiatives among state government.
Commonwealth of Virginia Emergency Operations Plan
Furthermore, by virtue of the authority vested in me by Section 44-146.17 of the Code of Virginia as Governor and as Director of Emergency Management, I hereby affirm the Commonwealth of Virginia Emergency Operations Plan ("the Plan") 2007 as updated by the Department of Emergency Management in April of 2011. The Plan provides for state government's response to emergencies and disaster wherein assistance is needed by affected local governments in order to save lives; to protect public health, safety, and property; to restore essential services; and to enable and assist with economic recovery.
The Plan is developed in accordance with the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 (Chapter 3.2, Title 44 of the Code of Virginia, as amended), the National Incident Management System as implemented in the National Response Framework (2008), and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended) along with its implementing regulations.
The State Coordinator of Emergency Management, on behalf of the Governor, is hereby authorized to activate the Commonwealth of Virginia Emergency Operations Center ("Virginia EOC") in order to direct and control state government emergency operations. Augmentation of the Virginia EOC shall constitute implementation of the Plan.
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 this Commonwealth and in accordance with the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 (Chapter 3.2, Title 44 of the Code of Virginia, as amended).
Effective Date of the Executive Order
This Executive Order rescinds and replaces Executive Order Number Forty-Four (44) issued on January 12, 2007, by Governor Tim Kaine. Additionally, Executive Order Number Sixty (60) issued on December 21, 2007, by Governor Tim Kaine is also rescinded to the extent it establishes and assigns duties to agencies and colleges and universities related to the emergency coordination officer.
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 30th day of September, 2011.
/s/ Robert F. McDonnell
Governor
