44-146.17 - Powers and duties of Governor.
§ 44-146.17. Powers and duties of Governor.
The Governor shall be Director of Emergency Management. Heshall take such action from time to time as is necessary for the adequatepromotion and coordination of state and local emergency services activitiesrelating to the safety and welfare of the Commonwealth in time of disasters.
The Governor shall have, in addition to his powers hereinafteror elsewhere prescribed by law, the following powers and duties:
(1) To proclaim and publish such rules and regulations and toissue such orders as may, in his judgment, be necessary to accomplish thepurposes of this chapter including, but not limited to such measures as are inhis judgment required to control, restrict, allocate or regulate the use, sale,production and distribution of food, fuel, clothing and other commodities,materials, goods, services and resources under any state or federal emergencyservices programs.
He may adopt and implement the Commonwealth of VirginiaEmergency Operations Plan, which provides for state-level emergency operationsin response to any type of disaster or large-scale emergency affecting Virginiaand that provides the needed framework within which more detailed emergencyplans and procedures can be developed and maintained by state agencies, localgovernments and other organizations.
He may direct and compel evacuation of all or part of thepopulace from any stricken or threatened area if this action is deemed necessaryfor the preservation of life, implement emergency mitigation, preparedness,response or recovery actions; prescribe routes, modes of transportation anddestination in connection with evacuation; and control ingress and egress at anemergency area, including the movement of persons within the area and theoccupancy of premises therein.
Executive orders, to include those declaring a state ofemergency and directing evacuation, shall have the force and effect of law andthe violation thereof shall be punishable as a Class 1 misdemeanor in everycase where the executive order declares that its violation shall have suchforce and effect.
Such executive orders declaring a state of emergency mayaddress exceptional circumstances that exist relating to an order of quarantineor an order of isolation concerning a communicable disease of public healththreat that is issued by the State Health Commissioner for an affected area ofthe Commonwealth pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2of Title 32.1.
Except as to emergency plans issued to prescribe actions to betaken in the event of disasters and emergencies, no rule, regulation, or orderissued under this section shall have any effect beyond June 30 next followingthe next adjournment of the regular session of the General Assembly but thesame or a similar rule, regulation, or order may thereafter be issued again ifnot contrary to law;
(2) To appoint a State Coordinator of Emergency Management andauthorize the appointment or employment of other personnel as is necessary tocarry out the provisions of this chapter, and to remove, in his discretion, anyand all persons serving hereunder;
(3) To procure supplies and equipment, to institute trainingand public information programs relative to emergency management and to takeother preparatory steps including the partial or full mobilization of emergencymanagement organizations in advance of actual disaster, to insure thefurnishing of adequately trained and equipped forces in time of need;
(4) To make such studies and surveys of industries, resources,and facilities in the Commonwealth as may be necessary to ascertain thecapabilities of the Commonwealth and to plan for the most efficient emergencyuse thereof;
(5) On behalf of the Commonwealth enter into mutual aidarrangements with other states and to coordinate mutual aid plans betweenpolitical subdivisions of the Commonwealth. After a state of emergency isdeclared in another state and the Governor receives a written request forassistance from the executive authority of that state, the Governor mayauthorize the use in the other state of personnel, equipment, supplies, andmaterials of the Commonwealth, or of a political subdivision, with the consentof the chief executive officer or governing body of the political subdivision;
(6) To delegate any administrative authority vested in himunder this chapter, and to provide for the further delegation of any suchauthority, as needed;
(7) Whenever, in the opinion of the Governor, the safety andwelfare of the people of the Commonwealth require the exercise of emergencymeasures due to a threatened or actual disaster, he may declare a state ofemergency to exist;
(8) To request a major disaster declaration from thePresident, thereby certifying the need for federal disaster assistance andensuring the expenditure of a reasonable amount of funds of the Commonwealth,its local governments, or other agencies for alleviating the damage, loss,hardship, or suffering resulting from the disaster;
(9) To provide incident command system guidelines for stateagencies and local emergency response organizations; and
(10) Whenever, in the opinion of the Governor or his designee,an employee of a state or local public safety agency responding to a disaster hassuffered an extreme personal or family hardship in the affected area, such asthe destruction of a personal residence or the existence of living conditionsthat imperil the health and safety of an immediate family member of theemployee, the Governor may direct the Comptroller of the Commonwealth to issuewarrants not to exceed $2,500 per month, for up to three calendar months, tothe employee to assist the employee with the hardship.
(1973, c. 260; 1974, c. 4; 1975, c. 11; 1981, c. 116; 1990, c.95; 1997, c. 893; 2000, c. 309; 2004, cc. 773, 1021; 2006, c. 140; 2007, cc.729, 742; 2008, cc. 121, 157.)