GOVERNORVol. 29 Iss. 13 - February 25, 2013
GOVERNOR
EXECUTIVE ORDER NUMBER 57 (2012)
Establishing the Governor's Rural Jobs Council
Importance of the Issue
Economic opportunity and free enterprise is the bedrock of a stable and prosperous Commonwealth. Virginia is home to abundant resources, fiscal responsibility and boundless human potential, giving rise to the entrepreneurial spirit evident throughout this great Commonwealth. However, in light of the unprecedented economic difficulties facing Virginia families and businesses, and the ever increasing competiveness of the global economy, bold and innovative ideas are necessary for the Commonwealth to continue to succeed.
Virginia's rural communities are some of the most naturally abundant regions in the Commonwealth. From the Eastern Shore to the highlands of southwest Virginia, it is clear that Virginia is blessed with a wealth of natural beauty and resources. These many opportunities make Rural Virginia a destination for major companies, home to Virginia's two largest industries, Agriculture and Forestry, and an inviting place to start and grow a small business. The entrepreneurial spirit is strong in our rural communities and generated much prosperity over many generations.
The Commonwealth is fortunate to benefit from pro-growth policies that continue to spur economic development and job creation and Virginia's unemployment rate continues to remain low, second lowest east of the Mississippi. While that news is welcomed, we must continue to do everything possible to support our rural communities that have not experienced the job growth seen in some other regions of the state.
The following measures are crucial steps to continue promoting economic recovery and job creation in Virginia with a focus on our rural communities.
Establishment of the Council
Building on the success of the Governor's Commission on Job Creation and Economic Development and the rural policy agenda, we must harness the unlimited potential in rural Virginia, to create greater opportunities. 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, including but not limited to §§ 2.2-134 and 2.2-135 of the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish the Governor's Rural Jobs Council.
Composition of the Council
The Governor's Rural Jobs Council shall receive the full staff support of the Chief Jobs Creation Office, the Deputy Secretary of Commerce and Trade for Rural Economic Development, and the Secretaries of Commerce and Trade, Agriculture and Forestry, Natural Resources, Transportation, Technology, Finance, Education and Administration. The Council shall also include up to 25 legislative and non-legislative citizen members representing a cross segment of industry and business sectors. All agencies, as deemed necessary by the Secretaries of Commerce and Trade and Agriculture and Forestry, shall participate and provide assistance as requested. In addition, each executive branch agency and state entity that has a significant impact on rural Virginia shall designate one person to serve as a liaison to the Council. Further, I reserve the authority to designate any other such citizens as I deem appropriate to serve on the Council. The Virginia Economic Development Partnership and the Center for Rural Virginia shall provide staff support for the Council. The Governor shall appoint the chair and vice chair(s) of the Council.
Members of the Council shall serve without compensation.
Charge for the Council
The Council shall have the following responsibilities:
1. Identify impediments to and opportunities for job creation in Rural Virginia
2. Recommend strategies to improve the K-12 education and the workforce pipeline
3. Produce a comprehensive and meaningful Economic and Infrastructure Policy for Rural Virginia; and
4. Make recommendations to improve the tax and regulatory environment in the Commonwealth to maintain and increase the Commonwealth's standing as the best place to do business in the United States of America.
An estimated 500 hours of staff time will be required to support the council. An estimated $2,000.00 in office materials is expected to fund the council. Such funding as is necessary for the term of the council's existence shall be provided from sources, including both private and appropriated funds, contributed or appropriated for purposes related to the work of the Council, as authorized by § 2.2-135(B) of the Code of Virginia.
The Council shall provide its first report of recommendations and action items to the Governor no later than April 1, 2013. The Council shall thereafter provide periodic supplemental reports setting forth additional recommendations and actions items, and reporting on agency progress implementing the Council's recommendations adopted by the Governor.
Pursuant to § 2.2-135 of the Code of Virginia, the Council shall remain in effect for a period of one year.
Given under my hand and under the Seal of the Commonwealth of Virginia this 29th day of January, 2013.
/s/ Robert F. McDonnell
Governor
EXECUTIVE ORDER NUMBER 58 (2012)
Establishing a Statewide Traffic Incident Management Committee
As the chief executive officer for the Commonwealth of Virginia, I hereby issue this Executive Order to the Executive Branch Cabinet members, agency heads, managers, supervisors, and employees in order to formally establish an advisory committee to public safety leaders and transportation experts committed to the management of traffic incidents. Nothing in this Executive Order should be construed as imposing an unfunded mandate on any independent or non-executive branch agency of the Commonwealth of Virginia.
Background and Importance of the Initiative:
Virginia has a vested interest in reducing traffic congestion and promoting traffic safety. Traffic congestion not only has a negative impact on the quality of life and safety of its citizens, it also has a significant financial impact. The U.S. Department of Transportation listed traffic congestion as "one of the single largest threats" to the Nation's economic prosperity and way of life. In the 2009 Urban Mobility Report published by the Texas Transportation Institute (TTI), data calculated in 2007 reported that traffic congestion in the top 439 urban areas in the United States amounted to 4.2 billion hours of wasted time and 2.8 billion gallons of wasted fuel. This equaled approximately $87.2 billion in lost revenue. In 2009, that amount had increased to $115 billion.
In 2009, Virginia had the sixth highest commute time to work in the nation. According to a study conducted by TTI that same year, the metro area around Washington, DC, had the highest average number of hours of delay (70) per traveler in the nation. Even minor disruptions in traffic flow have significant impacts on congestion. The National Traffic Incident Management Coalition (NTIMC) estimates that 4 minutes of travel delay time result for every minute a highway lane is blocked due to an incident.
While there are many factors which contribute to congestion (i.e., road capacity and condition, commuting demands, lack of public transportation, and population), other unpredictable factors also create traffic problems. In Virginia, it is estimated that more than half of all congestion is non-recurring caused by crashes, disabled vehicles, adverse weather, work zones, special events, and other temporary disruptions to the transportation system. Compounding the problem is the issue of secondary crashes. The National Highway Traffic Safety Administration estimates that 36% of all crashes on the Capital Beltway in Virginia and Maryland are secondary crashes. The Federal Highway Administration estimates the likelihood of a secondary crash increases by 2.8% for each minute the primary incident continues to be a hazard.
Traffic incidents also present a tremendous hazard for first responders. According to the NTIMC, traffic crashes and "struck-by" incidents are leading causes of on-duty injuries and deaths for law enforcement, firefighters, emergency medical personnel, and towing and recovery personnel. Reducing incident clearance times will improve first responder safety.
Better management of traffic incidents is one key to reducing congestion and improving safety. In the 2009 Urban Mobility study, TTI calculated that in the 272 urban areas where improved incident management procedures were implemented, the resulting reduction in incident-related congestion saved 143.3 million hours and $3.06 million in revenue.
Historically, first responder incident management procedures have been focused on responder safety at the scene with limited consideration for the benefits derived through the utilization of quick clearance strategies.
In November of 2010, in response to concerns regarding coordination of efforts to address Traffic Incident Management (TIMs), the Governor established, through the Secretary of Public Safety in cooperation and partnership with the Secretary of Transportation, the Virginia Traffic Incident Management Committee. The Statewide TIMs Committee began to meet in December of 2010 to discuss strategies to reduce traffic congestion and secondary crashes by better managing incidents when they occur. The Committee began by reviewing the National Unified Goals (NUG) of responder safety, quick clearance of incidents, and improved interoperable communications between responding agencies. The TIMs Committee unanimously agreed that these principles should be promoted and employed in any traffic incident management strategy, training, or policy the Commonwealth adopts.
Over the last two years, the Statewide TIMs Committee has put forth three primary initiatives which will promote better traffic incident management through the use of these NUG concepts. The first initiative includes the promotion and promulgation of the NUG concepts at existing local TIMs groups and creating new groups where none previously existed. These local TIMs groups are made up of first responders who are charged with looking for ways to better manage traffic and traffic related incidents in their respective jurisdictions. A significant number of the local committees have been in existence for many years, with the most established groups being located in or around population centers such as Northern Virginia, Tidewater, Richmond, and Roanoke.
Currently, representatives from the Department of State Police, Virginia Department of Transportation, and the Virginia Department of Emergency Management lead or participate in over 60 of these local TIMs groups across the Commonwealth. The use of local TIMs groups has provided an effective and logical way for the Statewide TIMs Committee to promulgate initiatives and provide guidance to local first responders. It is through the local TIMs groups that the Statewide TIMS Committee has introduced or reinforced the NUG concepts to our local emergency response stakeholders. It has also created a forum for all responding stakeholders to meet in non-emergency settings to discuss strategies, scene communications and individual stakeholder procedures.
Second, the Statewide TIMs Committee reached out to the Federal Highway Administration, which subsequently selected Virginia as one of the first states to pilot a multidisciplinary TIMs "train-the-trainer" course which emphasizes the application of NUG concepts in traffic incident management. In June 2012, approximately 30 trainers from all first responder disciplines received this training and will begin to hold TIMs training for all first responders across the Commonwealth beginning January of 2013.
Finally, the Statewide TIMs Committee created and is currently reviewing and finalizing for distribution a Statewide Traffic Incident Management Manual which emphasizes the NUG concepts. Once adopted by the TIMs Committee, this manual will provide uniform classification of incident types and seriousness while defining the roles and responsibilities of stakeholders when responding to and mitigating incidents on the highways of the Commonwealth.
The Statewide TIMs Committee, in conjunction with the local TIMs groups throughout the Commonwealth, has proven to be a productive and efficient method of managing and coordinating the important issue of traffic safety.
Consequently, as Governor, I believe this approach should continue and I therefore in accordance with the authority vested in me by Article V of the Constitution of Virginia and by § 2.2-134 of the Code of Virginia, create the Statewide Traffic Incident Management Committee in this executive order.
Formalization of the Committee:
The Statewide Traffic Incident Management Committee shall consist of the following individuals or their designee:
Chair:
Superintendent, Virginia State Police
Members:
Commissioner, Virginia Department of Transportation
State Coordinator Virginia Department of Emergency Management
Executive Director, Virginia Department of Fire Programs
Director, Department of Criminal Justice Services
Representative, Virginia Department of Health, Office of Emergency Medical Services
Executive Director, Virginia Association of Chiefs of Police
Executive Director, Virginia Sheriffs Association
President, Virginia Association of Volunteer Rescue Squads
President, Virginia Fire Chiefs Association
President, Virginia Professional Fire Fighters Association
President, Virginia Association of Towing and Recovery
President, Virginia Association of Public-Safety Communications Officials
Any other person(s) and such support staff whom the Secretary of Public Safety deems necessary and proper to carry out the assigned functions.
Roles and Responsibilities of Committee:
The Statewide Traffic Incident Management Committee serves as an advisory committee to public safety leaders and transportation experts committed to the management of traffic incidents.
The committee will promote activities that include developing a comprehensive traffic incident manual to be completed by July of 2013.
The committee will promote traffic incident management by promoting the NUG for TIM, including responder safety, safe, quick clearance, and interoperable communications; encouraging the development of TIM regional teams, promoting collaboration, communication and cooperation among the Commonwealth's emergency responders; and keeping emergency responders up to date on national rules, regulations and trends related to safe roadway incident operations.
The Statewide Traffic Incident Management Committee shall solicit best practices to improve the response of Virginia agencies charged with the prevention, and mitigation of traffic incidents. These guidelines should be used to create local and regional traffic incident management (TIM) plans consistent with the NUG objectives of responder safety, safe quick clearance, and prompt, reliable incident communications.
Staffing and Funding:
Staff necessary for the Committee will be provided by the respective agencies participating on the Committee. The estimated direct cost of the Committee is $1,000. Costs associated with implementing the guidelines developed will be determined and potential funding sources shall be identified by the Committee.
Effective Date of the Executive Order:
This Executive Order shall be effective upon its signing and pursuant to § 2.2-135 of the Code of Virginia shall remain in force and effect for a year or until superseded or rescinded.
Given under my hand and under the Seal of the Commonwealth of Virginia, this 4th day of February, 2013.
/s/ Robert F. McDonnell
Governor
EXECUTIVE ORDER NO. 59 (2013)
Continuing the Virginia Indian Commemorative Commission
Importance of the Issue
Native Americans have lived in the land now known as Virginia for thousands of years, their history having been and continuing to be documented. The historical record confirms that Virginia Indians provided aid and comfort to the British colonists in 1607 and were instrumental in the establishment of the first permanent English-speaking settlement in North America at Jamestown.
The legacy of the indigenous peoples of the Commonwealth has been recorded in the names of many Virginia locations and landmarks, such as the Cities of Chesapeake and Roanoke, the Counties of Accomack, Appomattox, and Powhatan, and the Chickahominy, Mattaponi, Pamunkey, Potomac, Powhatan, and Rappahannock Rivers, as well as many other sites. Despite hardships brought about by the loss of lands, languages, and civil rights, American Indians in Virginia have persisted and continued to contribute to the Commonwealth through agriculture, land stewardship, teaching, military and civil service, the arts, and other avenues of productive citizenship.
Continuation of the Virginia Indian Commemorative
Commission
In recognition that the courage, persistence, determination, and cultural values of Virginia's Indians have significantly enhanced and contributed to society, the General Assembly approved House Joint Resolution 680 (2009), requesting the creation of a commission to recommend an appropriate monument in Capitol Square to commemorate the life, achievements, and legacy of American Indians in the Commonwealth. On October 22, 2009, Governor Kaine issued Executive Order 100 that established the Virginia Indian Commemorative Commission. Since then, the Commission has met regularly and developed a plan for execution of the monument, but there is more work to be done. 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, including but not limited to §§ 2.2-134 and 2.2-135 of the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby continue the Virginia Indian Commemorative Commission.
Composition of the Commission
The Virginia Indian Commemorative Commission shall consist of the Governor, the Lieutenant Governor of Virginia, the Speaker of the House of Delegates, or their respective designees, three members of the House of Delegates appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates, the Clerk of the House of Delegates, the Chairwoman of the Senate Committee on Rules, two citizen members of the Senate appointed by the Senate Committee on Rules, the Clerk of the Senate, the Executive Director of the Capitol Square Preservation Council, three members who shall be representatives of Virginia Indians to be appointed by the Governor, and the Executive Director of the Virginia Capitol Foundation. Additional members may be appointed at the Governor's discretion. The Chairman and the Vice Chairman shall be appointed by the Governor.
Members of the Commission shall serve without compensation, but they may receive reimbursement for expenses incurred in the discharge of their official duties.
Charge for the Commission
The Commission shall identify an artist, select a design, and take all necessary actions to coordinate the construction, pursuant to applicable state construction policies, of an appropriate tribute monument on Capitol Square to commemorate the life, achievements, and legacy of American Indians in the Commonwealth. The Commission shall seek private funding for the operation and support of the Commission and the erection of an appropriate monument. However, the costs of implementation of the Commission, its work, and the compensation and reimbursement of members, estimated to be $5,000.00, shall be borne by the Commission from such private funds as it may acquire to cover the costs of its operation and work. The Commission may establish an organization with 501c(3) status for fundraising purposes. The Commission is vested with all the powers to carry out the intent of the General Assembly under House Joint Resolution 680 (2009). All agencies of the Commonwealth shall provide assistance to the Commission, upon request. An estimated 200 hours of staff time will be required to support the work of the Commission.
The Commission shall report annually the status of its work, including any findings and recommendations, to the General Assembly, by December 1st each year.
Effective Date of the Executive Order:
This Executive Order rescinds Executive Order 37 (2011), becomes effective upon its signing, and shall remain in effect for one year from its signing, unless amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 5th day of February, 2013.
/s/ Robert F. McDonnell
Governor
