§ 44-146.18. Department of Emergency Services continued as Department ofEmergency Management; administration and operational control; coordinator andother personnel; powers and duties.
A. The State Office of Emergency Services is continued and shall hereafter beknown as the Department of Emergency Management. Wherever the words "StateDepartment of Emergency Services" are used in any law of the Commonwealth,they shall mean the Department of Emergency Management. During a declaredemergency this Department shall revert to the operational control of theGovernor. The Department shall have a coordinator who shall be appointed byand serve at the pleasure of the Governor and also serve as State EmergencyPlanning Director. The Department shall employ the professional, technical,secretarial, and clerical employees necessary for the performance of itsfunctions.
B. The State Department of Emergency Management shall in the administrationof emergency services and disaster preparedness programs:
1. In coordination with political subdivisions and state agencies, ensurethat the Commonwealth has up-to-date assessments and preparedness plans toprevent, respond to and recover from all disasters including acts ofterrorism;
2. Conduct a statewide emergency management assessment in cooperation withpolitical subdivisions, private industry and other public and privateentities deemed vital to preparedness, public safety and security. Theassessment shall include a review of emergency response plans, which includethe variety of hazards, natural and man-made. The assessment shall be updatedannually;
3. Submit to the Governor and to the General Assembly, no later than thefirst day of each regular session of the General Assembly, an annualexecutive summary and report on the status of emergency management responseplans throughout the Commonwealth and other measures taken or recommended toprevent, respond to and recover from disasters, including acts of terrorism.This report shall be made available to the Division of Legislative AutomatedSystems for the processing of legislative documents and reports. Informationsubmitted in accordance with the procedures set forth in subdivision 4 of §2.2-3705.2 shall not be disclosed unless:
a. It is requested by law-enforcement authorities in furtherance of anofficial investigation or the prosecution of a criminal act;
b. The agency holding the record is served with a proper judicial order; or
c. The agency holding the record has obtained written consent to release theinformation from the State Department of Emergency Management;
4. Promulgate plans and programs that are conducive to adequate disastermitigation preparedness, response and recovery programs;
5. Prepare and maintain a State Emergency Operations Plan for disasterresponse and recovery operations that assigns primary and supportresponsibilities for basic emergency services functions to state agencies,organizations and personnel as appropriate;
6. Coordinate and administer disaster mitigation, preparedness, response andrecovery plans and programs with the proponent federal, state and localgovernment agencies and related groups;
7. Provide guidance and assistance to state agencies and units of localgovernment in developing and maintaining emergency management and continuityof operations (COOP) programs, plans and systems;
8. Make necessary recommendations to agencies of the federal, state, or localgovernments on preventive and preparedness measures designed to eliminate orreduce disasters and their impact;
9. Determine requirements of the Commonwealth and its political subdivisionsfor those necessities needed in the event of a declared emergency which arenot otherwise readily available;
10. Assist state agencies and political subdivisions in establishing andoperating training programs and programs of public information and educationregarding emergency services and disaster preparedness activities;
11. Consult with the Board of Education regarding the development andrevision of a model school crisis and emergency management plan for thepurpose of assisting public schools in establishing, operating, andmaintaining emergency services and disaster preparedness activities;
12. Consult with the State Council of Higher Education in the development andrevision of a model institutional crisis and emergency management plan forthe purpose of assisting public and private two-year and four-yearinstitutions of higher education in establishing, operating, and maintainingemergency services and disaster preparedness activities and, as needed, indeveloping an institutional crisis and emergency management plan pursuant to§ 23-9.2:9;
13. Develop standards, provide guidance and encourage the maintenance oflocal and state agency emergency operations plans, which shall include therequirement for a provision that the Department of Criminal Justice Servicesand the Virginia Criminal Injuries Compensation Fund be contacted immediatelyto deploy assistance in the event of an emergency as defined in the emergencyresponse plan when there are victims as defined in § 19.2-11.01, as well ascurrent contact information for both;
14. Prepare, maintain, coordinate or implement emergency resource managementplans and programs with federal, state and local government agencies andrelated groups, and make such surveys of industries, resources, andfacilities within the Commonwealth, both public and private, as are necessaryto carry out the purposes of this chapter;
15. Coordinate with the federal government and any public or private agencyor entity in achieving any purpose of this chapter and in implementingprograms for disaster prevention, mitigation, preparation, response, andrecovery;
16. Establish guidelines pursuant to § 44-146.28, and administer payments toeligible applicants as authorized by the Governor;
17. Coordinate and be responsible for the receipt, evaluation, anddissemination of emergency services intelligence pertaining to all probablehazards affecting the Commonwealth;
18. Coordinate intelligence activities relating to terrorism with theDepartment of State Police; and
19. Develop an emergency response plan to address the needs of individualswith household pets and service animals in the event of a disaster and assistand coordinate with local agencies in developing an emergency response planfor household pets and service animals.
C. The State Department of Emergency Management shall during a period ofimpending emergency or declared emergency be responsible for:
1. The receipt, evaluation, and dissemination of intelligence pertaining toan impending or actual disaster;
2. Providing facilities from which state agencies and supportingorganizations may conduct emergency operations;
3. Providing an adequate communications and warning system capable ofnotifying all political subdivisions in the Commonwealth of an impendingdisaster within a reasonable time;
4. Establishing and maintaining liaison with affected political subdivisions;
5. Determining requirements for disaster relief and recovery assistance;
6. Coordinating disaster response actions of federal, state and volunteerrelief agencies;
7. Coordinating and providing guidance and assistance to affected politicalsubdivisions to ensure orderly and timely response to and recovery fromdisaster effects.
D. The State Department of Emergency Management shall be provided thenecessary facilities and equipment needed to perform its normal day-to-dayactivities and coordinate disaster-related activities of the various federal,state, and other agencies during a state of emergency declaration by theGovernor or following a major disaster declaration by the President.
E. The State Department of Emergency Management is authorized to enter intoall contracts and agreements necessary or incidental to performance of any ofits duties stated in this section or otherwise assigned to it by law,including contracts with the United States, other states, agencies andgovernment subdivisions of the Commonwealth, and other appropriate public andprivate entities.
F. The State Department of Emergency Management shall encourage privateindustries whose goods and services are deemed vital to the public good toprovide annually updated preparedness assessments to the local coordinator ofemergency management on or before April 1 of each year, to facilitate overallCommonwealth preparedness. For the purposes of this section, "privateindustry" means companies, private hospitals, and other businesses ororganizations deemed by the State Coordinator of Emergency Management to beessential to the public safety and well-being of the citizens of theCommonwealth.
(1973, c. 260; 1974, c. 4; 1975, c. 11; 1979, c. 193; 1984, c. 720; 1985, cc.443, 447; 1997, c. 893; 2000, c. 309; 2001, c. 841; 2003, c. 622; 2004, c.690; 2005, cc. 165, 490; 2007, c. 902; 2008, cc. 450, 526; 2009, cc. 222,269.)
§ 44-146.18. Department of Emergency Services continued as Department ofEmergency Management; administration and operational control; coordinator andother personnel; powers and duties.
A. The State Office of Emergency Services is continued and shall hereafter beknown as the Department of Emergency Management. Wherever the words "StateDepartment of Emergency Services" are used in any law of the Commonwealth,they shall mean the Department of Emergency Management. During a declaredemergency this Department shall revert to the operational control of theGovernor. The Department shall have a coordinator who shall be appointed byand serve at the pleasure of the Governor and also serve as State EmergencyPlanning Director. The Department shall employ the professional, technical,secretarial, and clerical employees necessary for the performance of itsfunctions.
B. The State Department of Emergency Management shall in the administrationof emergency services and disaster preparedness programs:
1. In coordination with political subdivisions and state agencies, ensurethat the Commonwealth has up-to-date assessments and preparedness plans toprevent, respond to and recover from all disasters including acts ofterrorism;
2. Conduct a statewide emergency management assessment in cooperation withpolitical subdivisions, private industry and other public and privateentities deemed vital to preparedness, public safety and security. Theassessment shall include a review of emergency response plans, which includethe variety of hazards, natural and man-made. The assessment shall be updatedannually;
3. Submit to the Governor and to the General Assembly, no later than thefirst day of each regular session of the General Assembly, an annualexecutive summary and report on the status of emergency management responseplans throughout the Commonwealth and other measures taken or recommended toprevent, respond to and recover from disasters, including acts of terrorism.This report shall be made available to the Division of Legislative AutomatedSystems for the processing of legislative documents and reports. Informationsubmitted in accordance with the procedures set forth in subdivision 4 of §2.2-3705.2 shall not be disclosed unless:
a. It is requested by law-enforcement authorities in furtherance of anofficial investigation or the prosecution of a criminal act;
b. The agency holding the record is served with a proper judicial order; or
c. The agency holding the record has obtained written consent to release theinformation from the State Department of Emergency Management;
4. Promulgate plans and programs that are conducive to adequate disastermitigation preparedness, response and recovery programs;
5. Prepare and maintain a State Emergency Operations Plan for disasterresponse and recovery operations that assigns primary and supportresponsibilities for basic emergency services functions to state agencies,organizations and personnel as appropriate;
6. Coordinate and administer disaster mitigation, preparedness, response andrecovery plans and programs with the proponent federal, state and localgovernment agencies and related groups;
7. Provide guidance and assistance to state agencies and units of localgovernment in developing and maintaining emergency management and continuityof operations (COOP) programs, plans and systems;
8. Make necessary recommendations to agencies of the federal, state, or localgovernments on preventive and preparedness measures designed to eliminate orreduce disasters and their impact;
9. Determine requirements of the Commonwealth and its political subdivisionsfor those necessities needed in the event of a declared emergency which arenot otherwise readily available;
10. Assist state agencies and political subdivisions in establishing andoperating training programs and programs of public information and educationregarding emergency services and disaster preparedness activities;
11. Consult with the Board of Education regarding the development andrevision of a model school crisis and emergency management plan for thepurpose of assisting public schools in establishing, operating, andmaintaining emergency services and disaster preparedness activities;
12. Consult with the State Council of Higher Education in the development andrevision of a model institutional crisis and emergency management plan forthe purpose of assisting public and private two-year and four-yearinstitutions of higher education in establishing, operating, and maintainingemergency services and disaster preparedness activities and, as needed, indeveloping an institutional crisis and emergency management plan pursuant to§ 23-9.2:9;
13. Develop standards, provide guidance and encourage the maintenance oflocal and state agency emergency operations plans, which shall include therequirement for a provision that the Department of Criminal Justice Servicesand the Virginia Criminal Injuries Compensation Fund be contacted immediatelyto deploy assistance in the event of an emergency as defined in the emergencyresponse plan when there are victims as defined in § 19.2-11.01, as well ascurrent contact information for both;
14. Prepare, maintain, coordinate or implement emergency resource managementplans and programs with federal, state and local government agencies andrelated groups, and make such surveys of industries, resources, andfacilities within the Commonwealth, both public and private, as are necessaryto carry out the purposes of this chapter;
15. Coordinate with the federal government and any public or private agencyor entity in achieving any purpose of this chapter and in implementingprograms for disaster prevention, mitigation, preparation, response, andrecovery;
16. Establish guidelines pursuant to § 44-146.28, and administer payments toeligible applicants as authorized by the Governor;
17. Coordinate and be responsible for the receipt, evaluation, anddissemination of emergency services intelligence pertaining to all probablehazards affecting the Commonwealth;
18. Coordinate intelligence activities relating to terrorism with theDepartment of State Police; and
19. Develop an emergency response plan to address the needs of individualswith household pets and service animals in the event of a disaster and assistand coordinate with local agencies in developing an emergency response planfor household pets and service animals.
C. The State Department of Emergency Management shall during a period ofimpending emergency or declared emergency be responsible for:
1. The receipt, evaluation, and dissemination of intelligence pertaining toan impending or actual disaster;
2. Providing facilities from which state agencies and supportingorganizations may conduct emergency operations;
3. Providing an adequate communications and warning system capable ofnotifying all political subdivisions in the Commonwealth of an impendingdisaster within a reasonable time;
4. Establishing and maintaining liaison with affected political subdivisions;
5. Determining requirements for disaster relief and recovery assistance;
6. Coordinating disaster response actions of federal, state and volunteerrelief agencies;
7. Coordinating and providing guidance and assistance to affected politicalsubdivisions to ensure orderly and timely response to and recovery fromdisaster effects.
D. The State Department of Emergency Management shall be provided thenecessary facilities and equipment needed to perform its normal day-to-dayactivities and coordinate disaster-related activities of the various federal,state, and other agencies during a state of emergency declaration by theGovernor or following a major disaster declaration by the President.
E. The State Department of Emergency Management is authorized to enter intoall contracts and agreements necessary or incidental to performance of any ofits duties stated in this section or otherwise assigned to it by law,including contracts with the United States, other states, agencies andgovernment subdivisions of the Commonwealth, and other appropriate public andprivate entities.
F. The State Department of Emergency Management shall encourage privateindustries whose goods and services are deemed vital to the public good toprovide annually updated preparedness assessments to the local coordinator ofemergency management on or before April 1 of each year, to facilitate overallCommonwealth preparedness. For the purposes of this section, "privateindustry" means companies, private hospitals, and other businesses ororganizations deemed by the State Coordinator of Emergency Management to beessential to the public safety and well-being of the citizens of theCommonwealth.
(1973, c. 260; 1974, c. 4; 1975, c. 11; 1979, c. 193; 1984, c. 720; 1985, cc.443, 447; 1997, c. 893; 2000, c. 309; 2001, c. 841; 2003, c. 622; 2004, c.690; 2005, cc. 165, 490; 2007, c. 902; 2008, cc. 450, 526; 2009, cc. 222,269.)
§ 44-146.18. Department of Emergency Services continued as Department ofEmergency Management; administration and operational control; coordinator andother personnel; powers and duties.
A. The State Office of Emergency Services is continued and shall hereafter beknown as the Department of Emergency Management. Wherever the words "StateDepartment of Emergency Services" are used in any law of the Commonwealth,they shall mean the Department of Emergency Management. During a declaredemergency this Department shall revert to the operational control of theGovernor. The Department shall have a coordinator who shall be appointed byand serve at the pleasure of the Governor and also serve as State EmergencyPlanning Director. The Department shall employ the professional, technical,secretarial, and clerical employees necessary for the performance of itsfunctions.
B. The State Department of Emergency Management shall in the administrationof emergency services and disaster preparedness programs:
1. In coordination with political subdivisions and state agencies, ensurethat the Commonwealth has up-to-date assessments and preparedness plans toprevent, respond to and recover from all disasters including acts ofterrorism;
2. Conduct a statewide emergency management assessment in cooperation withpolitical subdivisions, private industry and other public and privateentities deemed vital to preparedness, public safety and security. Theassessment shall include a review of emergency response plans, which includethe variety of hazards, natural and man-made. The assessment shall be updatedannually;
3. Submit to the Governor and to the General Assembly, no later than thefirst day of each regular session of the General Assembly, an annualexecutive summary and report on the status of emergency management responseplans throughout the Commonwealth and other measures taken or recommended toprevent, respond to and recover from disasters, including acts of terrorism.This report shall be made available to the Division of Legislative AutomatedSystems for the processing of legislative documents and reports. Informationsubmitted in accordance with the procedures set forth in subdivision 4 of §2.2-3705.2 shall not be disclosed unless:
a. It is requested by law-enforcement authorities in furtherance of anofficial investigation or the prosecution of a criminal act;
b. The agency holding the record is served with a proper judicial order; or
c. The agency holding the record has obtained written consent to release theinformation from the State Department of Emergency Management;
4. Promulgate plans and programs that are conducive to adequate disastermitigation preparedness, response and recovery programs;
5. Prepare and maintain a State Emergency Operations Plan for disasterresponse and recovery operations that assigns primary and supportresponsibilities for basic emergency services functions to state agencies,organizations and personnel as appropriate;
6. Coordinate and administer disaster mitigation, preparedness, response andrecovery plans and programs with the proponent federal, state and localgovernment agencies and related groups;
7. Provide guidance and assistance to state agencies and units of localgovernment in developing and maintaining emergency management and continuityof operations (COOP) programs, plans and systems;
8. Make necessary recommendations to agencies of the federal, state, or localgovernments on preventive and preparedness measures designed to eliminate orreduce disasters and their impact;
9. Determine requirements of the Commonwealth and its political subdivisionsfor those necessities needed in the event of a declared emergency which arenot otherwise readily available;
10. Assist state agencies and political subdivisions in establishing andoperating training programs and programs of public information and educationregarding emergency services and disaster preparedness activities;
11. Consult with the Board of Education regarding the development andrevision of a model school crisis and emergency management plan for thepurpose of assisting public schools in establishing, operating, andmaintaining emergency services and disaster preparedness activities;
12. Consult with the State Council of Higher Education in the development andrevision of a model institutional crisis and emergency management plan forthe purpose of assisting public and private two-year and four-yearinstitutions of higher education in establishing, operating, and maintainingemergency services and disaster preparedness activities and, as needed, indeveloping an institutional crisis and emergency management plan pursuant to§ 23-9.2:9;
13. Develop standards, provide guidance and encourage the maintenance oflocal and state agency emergency operations plans, which shall include therequirement for a provision that the Department of Criminal Justice Servicesand the Virginia Criminal Injuries Compensation Fund be contacted immediatelyto deploy assistance in the event of an emergency as defined in the emergencyresponse plan when there are victims as defined in § 19.2-11.01, as well ascurrent contact information for both;
14. Prepare, maintain, coordinate or implement emergency resource managementplans and programs with federal, state and local government agencies andrelated groups, and make such surveys of industries, resources, andfacilities within the Commonwealth, both public and private, as are necessaryto carry out the purposes of this chapter;
15. Coordinate with the federal government and any public or private agencyor entity in achieving any purpose of this chapter and in implementingprograms for disaster prevention, mitigation, preparation, response, andrecovery;
16. Establish guidelines pursuant to § 44-146.28, and administer payments toeligible applicants as authorized by the Governor;
17. Coordinate and be responsible for the receipt, evaluation, anddissemination of emergency services intelligence pertaining to all probablehazards affecting the Commonwealth;
18. Coordinate intelligence activities relating to terrorism with theDepartment of State Police; and
19. Develop an emergency response plan to address the needs of individualswith household pets and service animals in the event of a disaster and assistand coordinate with local agencies in developing an emergency response planfor household pets and service animals.
C. The State Department of Emergency Management shall during a period ofimpending emergency or declared emergency be responsible for:
1. The receipt, evaluation, and dissemination of intelligence pertaining toan impending or actual disaster;
2. Providing facilities from which state agencies and supportingorganizations may conduct emergency operations;
3. Providing an adequate communications and warning system capable ofnotifying all political subdivisions in the Commonwealth of an impendingdisaster within a reasonable time;
4. Establishing and maintaining liaison with affected political subdivisions;
5. Determining requirements for disaster relief and recovery assistance;
6. Coordinating disaster response actions of federal, state and volunteerrelief agencies;
7. Coordinating and providing guidance and assistance to affected politicalsubdivisions to ensure orderly and timely response to and recovery fromdisaster effects.
D. The State Department of Emergency Management shall be provided thenecessary facilities and equipment needed to perform its normal day-to-dayactivities and coordinate disaster-related activities of the various federal,state, and other agencies during a state of emergency declaration by theGovernor or following a major disaster declaration by the President.
E. The State Department of Emergency Management is authorized to enter intoall contracts and agreements necessary or incidental to performance of any ofits duties stated in this section or otherwise assigned to it by law,including contracts with the United States, other states, agencies andgovernment subdivisions of the Commonwealth, and other appropriate public andprivate entities.
F. The State Department of Emergency Management shall encourage privateindustries whose goods and services are deemed vital to the public good toprovide annually updated preparedness assessments to the local coordinator ofemergency management on or before April 1 of each year, to facilitate overallCommonwealth preparedness. For the purposes of this section, "privateindustry" means companies, private hospitals, and other businesses ororganizations deemed by the State Coordinator of Emergency Management to beessential to the public safety and well-being of the citizens of theCommonwealth.
(1973, c. 260; 1974, c. 4; 1975, c. 11; 1979, c. 193; 1984, c. 720; 1985, cc.443, 447; 1997, c. 893; 2000, c. 309; 2001, c. 841; 2003, c. 622; 2004, c.690; 2005, cc. 165, 490; 2007, c. 902; 2008, cc. 450, 526; 2009, cc. 222,269.)
