§ 44-146.28. Authority of Governor and agencies under his control in declaredstate of emergency.
(a) In the case of a declaration of a state of emergency as defined in §44-146.16, the Governor is authorized to expend from all funds of the statetreasury not constitutionally restricted, a sum sufficient. Allotments fromsuch sum sufficient may be made by the Governor to any state agency orpolitical subdivision of the Commonwealth to carry out disaster servicemissions and responsibilities. Allotments may also be made by the Governorfrom the sum sufficient to provide financial assistance to eligibleapplicants located in an area declared to be in a state of emergency, but notdeclared to be a major disaster area for which federal assistance might beforthcoming. This shall be considered as a program of last resort for thoselocal jurisdictions that cannot meet the full cost. Allotments may also bemade by the Governor from the sum sufficient to provide financial assistanceto Virginia state agencies and political subdivisions responding to adeclared state of emergency in another state as provided by § 44-146.17,whether or not a state of emergency is declared in the Commonwealth.
The Virginia Department of Emergency Management shall establish guidelinesand procedures for determining whether and to what extent financialassistance to local governments may be provided.
The guidelines and procedures shall include, but not be limited to, thefollowing:
(1) Participants may be eligible to receive financial assistance to cover apercentage of eligible costs if they demonstrate that they are incapable ofcovering the full cost. The percentage may vary, based on the Commission onLocal Government's fiscal stress index. The cumulative effect of recentdisasters during the preceding twelve months may also be considered foreligibility purposes.
(2) Only eligible participants that have sustained an emergency or disasteras defined in § 44-146.16 with total eligible costs of four dollars or moreper capita may receive assistance except that (i) any town with a totalpopulation of less than 3,500 shall be eligible for disaster assistance forincurred eligible damages of $15,000 or greater and (ii) any town with apopulation of 3,500 or more, but less than 5,000 shall be eligible fordisaster assistance for incurred eligible damages of $20,000 or greater and(iii) any town with a population of 5,000 or greater with total eligiblecosts of four dollars or more per capita may receive assistance. No site orfacility may be included with less than $1,000 in eligible costs. However,the total cost of debris clearance may be considered as costs associated witha single site.
(3) Eligible participants shall be fully covered by all-risk property andflood insurance policies, including provisions for insuring the contents ofthe property and business interruptions, or shall be self-insured, in orderto be eligible for this assistance. Insurance deductibles shall not becovered by this program.
(4) Eligible costs incurred by towns, public service authorities, volunteerfire departments and volunteer rescue squads may be included in a county's orcity's total costs.
(5) Unless otherwise stated in guidelines and procedures, eligible costs aredefined as those listed in the Public Assistance component of Public Law93-288, as amended, excluding beach replenishment and snow removal.
(6) State agencies, as directed by the Virginia Department of EmergencyManagement, shall conduct an on-site survey to validate damages and todocument restoration costs.
(7) Eligible participants shall maintain complete documentation of all costsin a manner approved by the Auditor of Public Accounts and shall providecopies of the documentation to the Virginia Department of EmergencyManagement upon request.
If a jurisdiction meets the criteria set forth in the guidelines andprocedures, but is in an area that has neither been declared to be in a stateof emergency nor been declared to be a major disaster area for which federalassistance might be forthcoming, the Governor is authorized, in hisdiscretion, to make an allotment from the sum sufficient to that jurisdictionwithout a declaration of a state of emergency, in the same manner as if astate of emergency declaration had been made.
The Governor shall report to the Chairmen of the Senate Finance Committee,the House Appropriations Committee, and the House Finance Committee withinthirty days of authorizing the sum sufficient pursuant to this section. TheVirginia Department of Emergency Management shall report annually to theGeneral Assembly on the local jurisdictions that received financialassistance and the amount each jurisdiction received.
(b) Public agencies under the supervision and control of the Governor mayimplement their emergency assignments without regard to normal procedures(except mandatory constitutional requirements) pertaining to the performanceof public work, entering into contracts, incurring of obligations, employmentof temporary workers, rental of equipment, purchase of supplies and materialsand expenditures of public funds.
(1973, c. 260; 1974, c. 4; 1975, c. 11; 1997, c. 893; 2000, cc. 309, 1023;2007, cc. 729, 742.)
§ 44-146.28. Authority of Governor and agencies under his control in declaredstate of emergency.
(a) In the case of a declaration of a state of emergency as defined in §44-146.16, the Governor is authorized to expend from all funds of the statetreasury not constitutionally restricted, a sum sufficient. Allotments fromsuch sum sufficient may be made by the Governor to any state agency orpolitical subdivision of the Commonwealth to carry out disaster servicemissions and responsibilities. Allotments may also be made by the Governorfrom the sum sufficient to provide financial assistance to eligibleapplicants located in an area declared to be in a state of emergency, but notdeclared to be a major disaster area for which federal assistance might beforthcoming. This shall be considered as a program of last resort for thoselocal jurisdictions that cannot meet the full cost. Allotments may also bemade by the Governor from the sum sufficient to provide financial assistanceto Virginia state agencies and political subdivisions responding to adeclared state of emergency in another state as provided by § 44-146.17,whether or not a state of emergency is declared in the Commonwealth.
The Virginia Department of Emergency Management shall establish guidelinesand procedures for determining whether and to what extent financialassistance to local governments may be provided.
The guidelines and procedures shall include, but not be limited to, thefollowing:
(1) Participants may be eligible to receive financial assistance to cover apercentage of eligible costs if they demonstrate that they are incapable ofcovering the full cost. The percentage may vary, based on the Commission onLocal Government's fiscal stress index. The cumulative effect of recentdisasters during the preceding twelve months may also be considered foreligibility purposes.
(2) Only eligible participants that have sustained an emergency or disasteras defined in § 44-146.16 with total eligible costs of four dollars or moreper capita may receive assistance except that (i) any town with a totalpopulation of less than 3,500 shall be eligible for disaster assistance forincurred eligible damages of $15,000 or greater and (ii) any town with apopulation of 3,500 or more, but less than 5,000 shall be eligible fordisaster assistance for incurred eligible damages of $20,000 or greater and(iii) any town with a population of 5,000 or greater with total eligiblecosts of four dollars or more per capita may receive assistance. No site orfacility may be included with less than $1,000 in eligible costs. However,the total cost of debris clearance may be considered as costs associated witha single site.
(3) Eligible participants shall be fully covered by all-risk property andflood insurance policies, including provisions for insuring the contents ofthe property and business interruptions, or shall be self-insured, in orderto be eligible for this assistance. Insurance deductibles shall not becovered by this program.
(4) Eligible costs incurred by towns, public service authorities, volunteerfire departments and volunteer rescue squads may be included in a county's orcity's total costs.
(5) Unless otherwise stated in guidelines and procedures, eligible costs aredefined as those listed in the Public Assistance component of Public Law93-288, as amended, excluding beach replenishment and snow removal.
(6) State agencies, as directed by the Virginia Department of EmergencyManagement, shall conduct an on-site survey to validate damages and todocument restoration costs.
(7) Eligible participants shall maintain complete documentation of all costsin a manner approved by the Auditor of Public Accounts and shall providecopies of the documentation to the Virginia Department of EmergencyManagement upon request.
If a jurisdiction meets the criteria set forth in the guidelines andprocedures, but is in an area that has neither been declared to be in a stateof emergency nor been declared to be a major disaster area for which federalassistance might be forthcoming, the Governor is authorized, in hisdiscretion, to make an allotment from the sum sufficient to that jurisdictionwithout a declaration of a state of emergency, in the same manner as if astate of emergency declaration had been made.
The Governor shall report to the Chairmen of the Senate Finance Committee,the House Appropriations Committee, and the House Finance Committee withinthirty days of authorizing the sum sufficient pursuant to this section. TheVirginia Department of Emergency Management shall report annually to theGeneral Assembly on the local jurisdictions that received financialassistance and the amount each jurisdiction received.
(b) Public agencies under the supervision and control of the Governor mayimplement their emergency assignments without regard to normal procedures(except mandatory constitutional requirements) pertaining to the performanceof public work, entering into contracts, incurring of obligations, employmentof temporary workers, rental of equipment, purchase of supplies and materialsand expenditures of public funds.
(1973, c. 260; 1974, c. 4; 1975, c. 11; 1997, c. 893; 2000, cc. 309, 1023;2007, cc. 729, 742.)
§ 44-146.28. Authority of Governor and agencies under his control in declaredstate of emergency.
(a) In the case of a declaration of a state of emergency as defined in §44-146.16, the Governor is authorized to expend from all funds of the statetreasury not constitutionally restricted, a sum sufficient. Allotments fromsuch sum sufficient may be made by the Governor to any state agency orpolitical subdivision of the Commonwealth to carry out disaster servicemissions and responsibilities. Allotments may also be made by the Governorfrom the sum sufficient to provide financial assistance to eligibleapplicants located in an area declared to be in a state of emergency, but notdeclared to be a major disaster area for which federal assistance might beforthcoming. This shall be considered as a program of last resort for thoselocal jurisdictions that cannot meet the full cost. Allotments may also bemade by the Governor from the sum sufficient to provide financial assistanceto Virginia state agencies and political subdivisions responding to adeclared state of emergency in another state as provided by § 44-146.17,whether or not a state of emergency is declared in the Commonwealth.
The Virginia Department of Emergency Management shall establish guidelinesand procedures for determining whether and to what extent financialassistance to local governments may be provided.
The guidelines and procedures shall include, but not be limited to, thefollowing:
(1) Participants may be eligible to receive financial assistance to cover apercentage of eligible costs if they demonstrate that they are incapable ofcovering the full cost. The percentage may vary, based on the Commission onLocal Government's fiscal stress index. The cumulative effect of recentdisasters during the preceding twelve months may also be considered foreligibility purposes.
(2) Only eligible participants that have sustained an emergency or disasteras defined in § 44-146.16 with total eligible costs of four dollars or moreper capita may receive assistance except that (i) any town with a totalpopulation of less than 3,500 shall be eligible for disaster assistance forincurred eligible damages of $15,000 or greater and (ii) any town with apopulation of 3,500 or more, but less than 5,000 shall be eligible fordisaster assistance for incurred eligible damages of $20,000 or greater and(iii) any town with a population of 5,000 or greater with total eligiblecosts of four dollars or more per capita may receive assistance. No site orfacility may be included with less than $1,000 in eligible costs. However,the total cost of debris clearance may be considered as costs associated witha single site.
(3) Eligible participants shall be fully covered by all-risk property andflood insurance policies, including provisions for insuring the contents ofthe property and business interruptions, or shall be self-insured, in orderto be eligible for this assistance. Insurance deductibles shall not becovered by this program.
(4) Eligible costs incurred by towns, public service authorities, volunteerfire departments and volunteer rescue squads may be included in a county's orcity's total costs.
(5) Unless otherwise stated in guidelines and procedures, eligible costs aredefined as those listed in the Public Assistance component of Public Law93-288, as amended, excluding beach replenishment and snow removal.
(6) State agencies, as directed by the Virginia Department of EmergencyManagement, shall conduct an on-site survey to validate damages and todocument restoration costs.
(7) Eligible participants shall maintain complete documentation of all costsin a manner approved by the Auditor of Public Accounts and shall providecopies of the documentation to the Virginia Department of EmergencyManagement upon request.
If a jurisdiction meets the criteria set forth in the guidelines andprocedures, but is in an area that has neither been declared to be in a stateof emergency nor been declared to be a major disaster area for which federalassistance might be forthcoming, the Governor is authorized, in hisdiscretion, to make an allotment from the sum sufficient to that jurisdictionwithout a declaration of a state of emergency, in the same manner as if astate of emergency declaration had been made.
The Governor shall report to the Chairmen of the Senate Finance Committee,the House Appropriations Committee, and the House Finance Committee withinthirty days of authorizing the sum sufficient pursuant to this section. TheVirginia Department of Emergency Management shall report annually to theGeneral Assembly on the local jurisdictions that received financialassistance and the amount each jurisdiction received.
(b) Public agencies under the supervision and control of the Governor mayimplement their emergency assignments without regard to normal procedures(except mandatory constitutional requirements) pertaining to the performanceof public work, entering into contracts, incurring of obligations, employmentof temporary workers, rental of equipment, purchase of supplies and materialsand expenditures of public funds.
(1973, c. 260; 1974, c. 4; 1975, c. 11; 1997, c. 893; 2000, cc. 309, 1023;2007, cc. 729, 742.)
