GOVERNORVol. 29 Iss. 15 - March 25, 2013
GOVERNOR
EXECUTIVE ORDER NUMBER 60 (2013)
Commission on Military Installations and Defense Activities
Importance of the Issue
The Commonwealth must address the impact that indiscriminant defense budget cuts due to sequestration will have on the economic well-being of the citizens and businesses of Virginia. The automatic sequestration defense and national security reductions mandated by the Budget Control Act of 2011 will have a significant adverse effect on the Commonwealth. These mandated reductions will have a potentially devastating impact in Virginia, with the Northern Virginia and Hampton Roads regions at the greatest risk. Additionally, the Department of Defense (DoD) has requested multiple rounds of Base Realignment and Closure (BRAC) in the President's budgets which they have asked to occur in 2015 and 2017. Therefore, Virginia must also take prompt action to address potential impacts of BRAC in Virginia.
Current actions contemplated by DoD as a result of the anticipated sequestration and defense budget cuts include terminating thousands of temporary civilian workers, reducing base operations by 30%, limiting supply purchases to essential FY13 consumption, restricting nonmission-critical purchases, reviewing contracts and studies for possible cost savings, and canceling ongoing and scheduled studies that are not congressionally directed or mission-critical. Civilian pay makes up a large portion of the services' operating budget, and each service has been directed to consider the possibility of civilian furloughs of up to 30 calendar days or 22 discontinuous workdays. Many of these citizens are already hard hit by years of recession.
It is estimated that Virginia will potentially lose approximately 82,000 direct jobs at federal agencies and contractors and an additional 82,000 indirect jobs supported by business and personal spending that will be impacted by the cuts. Northern Virginia will likely absorb more than 60% of these losses, Hampton Roads approximately 20%, and metro-Richmond 12%.
Virginia must be vigilant in protecting the military assets located in the Commonwealth, and will continuously seek new opportunities for economic diversification and growth. To this end, the Commonwealth will be proactive in identifying the appropriate strategies to retain the military and federal facilities located in the Commonwealth, to identify other operations and facilities that can be located within Virginia, and to address the best response to the anticipated mandated federal budget reductions contained in the Budget Control Act of 2011.
To accomplish this, 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, I hereby create Virginia's Commission on Military Installations and Defense Activities.
Composition of the Commission
The Commission will consist of the Secretaries of Commerce and Trade, Finance, Public Safety, and Veterans Affairs and Homeland Security, the co-chairs of the General Assembly Military and Veteran Caucus, and four (4) citizen members whose background shall include service as a General or Flag Officer in one of the military services to be appointed by the Governor and serve at his pleasure. Initial appointments of members to the Commission by the Governor will include 10 members. The Governor shall designate a Chairman from among the appointed members. The Governor may appoint additional persons to the Commission at his discretion.
Responsibilities of the Commission
The Commission's responsibilities shall include the following:
1. Evaluate data and studies in order to develop recommendations and plans regarding preventing closure or realignment of federal military and national security installations and facilities located in the Commonwealth and to relocate other such facilities here;
2. Develop and recommend strategies to prevent the closure or realignment of federal military installations located in Virginia or the relocation of national security facilities currently located here;
3. Develop and recommend strategies designed to limit the adverse economic effect of such realignment, closure, or relocation, or to seek additional tenant activity growth from the Department of Defense or federal government;
4. Develop and recommend strategies that support and foster collaboration among local and regional entities in identifying appropriate opportunities for the protection of existing federal facilities and the placement of additional federal facilities in the Commonwealth;
5. Determine and recommend the best and most efficient manner to foster and promote business, technology, transportation, education, economic development, and other efforts to support, attract, and retain existing military installations and commands in the Commonwealth;
6. Identify and track all federal government military and national security facilities located in the Commonwealth and their military construction plans and facilitate ways to assist in those plans;
7. Make recommendations, as appropriate, to prepare the Commonwealth to effectively compete in federal budget reductions through the sequestration process;
8. Support the Commonwealth's position in research and development related to or arising out of military missions and contracting;
9. Improve the Commonwealth's military-friendly environment for service members, military dependents, military retirees, and businesses that bring military and base-related jobs to the Commonwealth;
10. Advise contractors, where appropriate, in the development of analytical tools by which to obtain essential, critical information required about each Virginia military installation with input from local installation and community leadership;
11. Direct and review studies from experts that have utilized past Base Realignment and Closure criteria and scoring, conduct a thorough and detailed analysis of the military value of Virginia's military installations, ranges, and airspace for the purpose of formulating strategies to secure the long-term viability, retention, and growth of military missions and facilities;
12. Ensure that a risk assessment is properly conducted of each installation that can inform strategies to prepare for Department of Defense consolidation and realignment actions; and
13. Develop and implement strategies for new private sector growth in industries adversely affected by defense procurement and related cuts such as aerospace, cyber security, modeling and simulation, technology, consulting, and others.
Commission Staffing and Funding
Necessary staff support for the Commission's work during its existence shall be furnished by the Office of the Secretary of Veterans Affairs and Homeland Security and the Office of the Secretary of Commerce and Trade, and such other agencies and offices as designated by the Governor. An estimated 100 hours of staff time will be required to support the work of the Commission.
Necessary funding to support the Commission and its staff shall be provided from private contributions and state funds appropriated for the same purposes as the Commission, as authorized by § 2.2-135 of the Code of Virginia, as well as any other private sources of funding that may be identified. Estimated direct costs for this Commission are $5,000.00.
Commission members shall serve without compensation and shall receive reimbursement for expenses incurred in the discharge of their official duties.
The Commission shall meet upon the call of the chairman and report at least quarterly to the Governor and shall issue such other reports and recommendations as necessary or as requested by the Governor.
Effective Date of the Executive Order:
Executive Order 22 is hereby rescinded, and this Executive Order shall be effective upon its signing and shall remain in force and effect until January 11, 2014, unless amended or rescinded by further executive order. Given under my hand and under the Seal of the Commonwealth of Virginia, this 1st day of March, 2013.
/s/ Robert F. McDonnell
Governor
EXECUTIVE ORDER NUMBER 61 (2013)
Declaration of a State of Emergency for the Commonwealth of Virginia Due to a Winter Storm Event
Importance of the Issue
On March 6, 2013, I verbally declared a state of emergency to exist for the Commonwealth of Virginia based on the current and predicted impacts from a severe winter storm with high winds and significant snow accumulations that has created transportation issues and significant power outages. The National Weather Service forecasts total snowfall accumulations of 10 to 14 inches with higher amounts possible in the higher elevations.
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 this date, 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 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 direct 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. 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. Also, in those localities that have declared a local emergency pursuant to § 44-146.21 of the Code of Virginia, if the local governing body determines that controlling movement of persons is deemed necessary for the preservation of life, public safety, or other emergency mitigation, response, or recovery, pursuant to § 44-146.17(1) of the Code of Virginia, I authorize the control of ingress and egress at an emergency area, including the movement of persons within the area and the occupancy of premises therein upon such timetable as the local governing body, in coordination with the State Coordinator of Emergency Management and the VEOC shall determine. Violations of any order to citizens to evacuate shall constitute a violation of this Executive Order and are punishable as a Class 1 misdemeanor.
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. Such exemptions shall not be valid on posted structures for restricted weight.
All over width loads, up to a maximum of 12 feet, and over height loads up to a maximum of 14 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 of service 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.
• 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.
• The authorization of a maximum of $500,000 in state sum sufficient funds for state and local governments mission assignments authorized and coordinated through the Virginia Department of Emergency Management that are allowable as defined by The Stafford Act. This funding is also available for state response and recovery operations and incident documentation.
• 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.
• 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), Community 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.
• 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.
• 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. I further request that all appropriate executive branch agencies exercise their discretion to the extent allowed by law to address any pending deadlines or expirations affected by or attributable to this disaster event.
• 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. 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.
5. 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;
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 the paragraphs above pertaining to the Virginia National Guard and pertaining to the Virginia Defense Force, in performing these missions shall be paid from state funds.
Effective Date of this Executive Order
This Executive Order shall be effective retroactively to March 5, 2013, and shall remain in full force and effect until June 30, 2014, 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 7th day of March, 2013.
/s/ Robert F. McDonnell
Governor
