Executive Order 27 (2006)

Declaration Of A State Of Emergency For The Commonwealth Of Virginia Due To Significant Flooding, Transportation Impacts, Mudslides, And Continued Flash Flood Warnings Due To Extensive Rainfall Beginning June 23, 2006 From A Severe Tropical Weather System

On June 28, 2006, I verbally declared a state of emergency to exist throughout the Commonwealth of Virginia due to significant flooding, mudslides and transportation impacts throughout the Commonwealth due to severe weather from a continued tropical storm system.  Beginning June 23, 2006, rainfall originating from a tropical low pressure system has inundated the state with significant rainfall, mudslides, tornados and high winds.  The potential for storm related impacts continues throughout all localities of the Commonwealth due to continued flash flooding and river flood warnings. 

The health and general welfare of our citizens required that state action be taken to help alleviate the conditions resulting from this situation and to enhance readiness, response and recovery from existing and future storm impacts.  I feel that the effects of these incidents constitutes a disaster wherein human life and public and private property were imperiled, as described in § 44-75.1.A.4 of the Code of Virginia.  I specifically authorized placement of assets of the Virginia National Guard.

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 June 28, 2006.  In these I proclaimed that a state of emergency exists and directed that appropriate assistance be rendered by agencies of state government to respond to needs in the impacted county.  This will support the needs of persons affected to alleviate any conditions resulting from severe weather during this period and to implement recovery and mitigation programs and activities so as to return impacted areas to pre-event conditions insofar as possible.  Pursuant to §44-75.1.A.3 and A.4 of the Code of Virginia, I authorized that the Virginia National Guard be called forth to state duty to assist  as needed.  This shall include such necessary functions as determined by the State Coordinator of Emergency Management, the Adjutant General, and the Secretaries of Public Safety, Transportation, Commerce and Trade and Health and Human Services.

In order to marshal all public resources and appropriate preparedness, response and recovery measures to meet this potential threat and recover from its effects, and in accordance with my authority contained in §44-146.17 of the Emergency Services and Disaster Laws, I hereby order the following measures:

A.    The limited implementation by agencies of the state and local governments of   Volumes 1 (Basic Plan) and Volume 2 (Disaster Recovery Plan) of the Virginia Emergency Operations Plan, as amended, along with other appropriate state agency plans.

B.    Augmentation of the Virginia Emergency Operations Center (VEOC) and Virginia Emergency Response Team (VERT) to coordinate the provision of statewide assistance. I am directing that the VEOC and VERT coordinate state operations in support of the EMAC agreement, other mission assignments to agencies designated in the Commonwealth of Virginia Emergency Operations Plan (COVEOP) and other measures that may be identified by the State Coordinator of Emergency Management,  in consultation with the Secretaries of Public Safety, Transportation, Commerce and Trade, and Health and Human Services which are needed to provide assistance for the preservation of life, protection of property, and implementation of recovery activities.

C.  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 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.

D. 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 commodities in and through any area of the Commonwealth in order to support the emergency conditions, regardless of their point of origin or destination. The axle and gross weights shown below are the maximum allowed, unless otherwise posted.

All over width loads, up to a maximum of 14 feet, must follow Virginia Department of Transportation (VDOT) 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 the vehicles enroute 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.

This authorization shall apply to hours 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 relief or assistance as a result of this disaster, pursuant to §52-8.4 of the Code of Virginia.

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 §19 VAC 30-20-40.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.                                                     

E.   The discontinuance of provisions authorized in paragraph D 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.

1. 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.
2. 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, 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) of the Code of Virginia, in the performance of their specific disaster-related mission assignments.

H.  The following conditions apply to the deployment of the Virginia National Guard:

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 such equipment as may be necessary or desirable to assist in alleviating the human suffering and damage to property.

2.   Pursuant to §52-6 of the Code of Virginia, I authorize  the Superintendent 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 appropriate.  These police officers shall have the same powers and perform the same duties as the regular 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 shall remain subject to military command as prescribed by §44-78.1 of the Code of Virginia and 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.

1. The costs incurred by the Department of Military Affairs in performing these missions shall be paid from state funds.

            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 Item 5 of the paragraphs above pertaining to the Virginia National Guard, in performing these missions shall be paid from state funds.

            This Executive Order shall be effective June 28, 2006 and shall remain in full force and effect until June 30, 2007, 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 30th day of June 2006.

/s/ Timothy M. Kaine, Governor

Attest:

/s/ Secretary of the Commonwealth