SB 4 — Emergency Services and Disaster Law; limitation on duration of executive orders.

VIRGINIA ACTS OF ASSEMBLY -- 2022 RECONVENED SESSION SENATECHAPTER SUBSTITUTE803 22108055DAn SENATEAct BILLto NO.amend and reenact § 44-146.17, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Emergency Services and Disaster Law;

4limitation AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Governor on Aprilduration 11, 2022) (Patrons Prior to Substitute––Senators Suetterlein, Peake [SB 166], and Lewis [SB 731]) A BILL to amend and reenact § 44-146.17, as it is currently effective and as it shall become effective, of executive orders.nia,orders. relating to Emergency Services and Disaster Law;

limitation[S on4] durationApproved ofMay 27, 2022 Be it enacted by the General Assembly of Virginia:

timeThe asGovernor isshall necessarybe forDirector the adequate promotion and coordination of stateEmergency andManagement. local emergency services activities relating to the safety and welfare of the Commonwealth in time of disasters.

TheHe shall take such action from time to time as is necessary for the adequate promotion and coordination of state and local emergency services actThe Governor shall have, in addition to his powers hereinafter or elsewhere prescribed by law, the following powers and duties:

(1) To proclaim and publish such rules and regulations and to issue such orders as may, in his judgment, be necessary to accomplish the purposes of this chapter including, but not limited to such measures as are in his 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 resourcesctionresources under any state or federal emergency services programs.

T He may adopt and implement the Commonwealth of Virginia Emergency Operations Plan, which provides for state-level emergency operations in response to any type of disaster or large-scalElarge-scale emergency affecting Virginia and that provides the needed framework within which more detailed emergency plans and procedures can be developed and maintained by state agencies, local governments andHe may direct and compelother evacuationorganizations. of all or part of the populace from any stricken or threatened area if this action is deemed necessary for the preservation of life, implement emergency mitigation, preparedness, response or recovery actions;

prescribeHe routes,may modesdirect and compel evacuation of transportationall andor destiUationpart inof connectionthe withpopulace evacuation;from any stricken or threatened area if this action is deemed necessary for the preservation of life, implement emergency mitigation, preparedness, response or recovery actions;

andprescribe controlroutes, ingressmodes and egress at an emergency area, including the B movement of personstransportation within the area and thedestination occupancyin ofconnection premiseswith therein.evacuation;

the force and effectcontrol ofingress law and theegress violationat thereofan shallemergency bearea, punishableincluding asthe amovement civil penalty of notpersons moreewithin 35the thanarea $500and or as a Class 1 misdemeanor in every case where the executiveoccupancy orderof declarespremises thattherein. itsT :

36Executive orders, to include those declaring a state of emergency and directing evacuation, shall have the force and effect of law and the violation thereof shall be punishable as a civil penalty of not more than $500 or as a Class 1 misdemeanor in every case where the executive order declares that its violation shall have such force and effect.

Where an executive order declares a violation shall be 37 punishable as a civil penalty, such violation shall be charged by summons and may be executed by a 38 law-enforcement officer when such violation is observed by the officer.

The summons used by a T 39 law-enforcement officer pursuant to this section shall be, in form, the same as the uniform sumUonssummons for collectedmotor pursuantvehicle tolaw thisviolations sectionas shallprescribed bepursuant paid and collected only in lawful money of the United States and paid into the state treasury to the§ credit46.2-388. of the Literary Fund.

TThe Suchproceeds executive orders declaring a state of emergencysuch maycivil addresspenalties exceptionalcollected circumstancespursuant tEat exist relating to an order of quarantine or an order of isolation concerning a communicable disease of public health threat that is issued by the State Health Commissioner for an affected area of the ComExcept as to emergency plans issued to prescribe actions to be taken in the event of disasters and emergencies, no No rule, regulation, or order issued under this section shall havebe anypaid effectand beyondcollected Juneonly 30in nextlawful followingmoney the next adjournment of the regularUnited sessionStates ofand thepaid Generalinto Assembly but the samestate ortreasury a similar rule, regulation, or order may thereafter be issued again if not contrary to law 30 days after the datecredit of issuancethe unlessLiterary extendedFund. as provided herein.

ThirtySuch daysexecutive afterorders thedeclaring datea state of issuance,emergency thSmay Governoraddress mayexceptional extendcircumstances thethat rule,exist regulation,relating to an order of quarantine or an order forof isolation concerning a periodcommunicable disease of 30public days,health duringthreat whichthat period4theis order.issued by the State Health Commissioner for an affected area of the Commonwealth pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1.

TheExcept Governoras shallto reportemergency plans issued to prescribe actions to be taken in the Generalevent Assemblyof ondisasters and emergencies, no No rule, regulation, or order issued under this section shall have any effect beyond June next following the statusnext adjournment of the continuedregular necessitysession of the General Assembly but the same or a similar rule, regulation, or order atmay thereafter be issued again if not contrary to law 45 days after the timedate of anyissuance. extension.

IfUnless the General Assembly takes no action on the rule, regulation, or order within 60the days ofduring thewhich issuance of the rule, regulation, or order,order theis Governoreffective, may extend the rule,Governor regulation,shall orthereafter orderbe forprohibited anfrom additionalissuing period of 30 days, during which period the Generalsame Assemblyor maya besimilar convenedrule, atregulation, anyor timeorder relating to consider and take action on the rule,same regulation,emergency; or order.

In the event the Governor deems it to be SB4S2 2 of 4 in the interest of the Commonwealth that the rule, regulation, or order be in effect for more than 90 days, the General Assembly shall be convened to consider and take action on such extension.

The Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order related to the same emergency without the approval of the General Assembly.

Such limitations on the duration of rules, regulations, or orders issued under this section shall not apply to the Commonwealth of Virginia Emergency Operations Plan, nor shall they limit the ability of agencies of the Commonwealth to utilize a sum sufficient or seek federal reimbursement for emergency operations related to a previously declared emergency;

of 4 (4) To make such studies and surveys of industries, resources, and facilities in the Commonwealth as may be necessary to ascertain the capabilities of the Commonwealth and to plan for the most efficient emergency use thereof;

As used in this subdivision, "personal protective equipment" or "PPE" means equipment or supplies worn or employed to minimize exposure to hazards that cause serious workplace injuries and illnesses and may include items such as gloves, safety glasses and shoes, earplugs or muffs, hard hats, respirators, ofcoveralls, 4vests, offull publicbody health threat.ody suits, hand sanitizer, plastic shields, or testing for the communicable disease §of 44-146.17.public health threat.

§ 44-146.17.

followingThe powersGovernor andshall duties:inhave, in addition to his powers hereinafter or elsewhere prescribed by law, the (1)following Topowers proclaim and publishduties: such rules and regulations and to issue such orders as may, in his judgment, be necessary to accomplish the purposes of this chapter including, but not limited to such measures as are in his 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 undHe may adopt and implement the Commonwealth of Virginia Emergency Operations Plan, which provides for state-level emergency operations in response to any type of disaster or large-scale emergency affecting Virginia and that provides the needed framework within which more detailed S emergency plans and procedures can be developed and maintained by state agencies, local governments and other organizations.

E(1) areaTo ifproclaim thisand actionpublish issuch deemedrules and regulations and to issue such orders as may, in his judgment, be necessary forto accomplish the preservationpurposes of life,this implementchapter emergencyincluding, mitigNtion,but preparedness,not responselimited to such measures as are in his judgment required to control, restrict, allocate or recoveryregulate actions;the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resources under any state or federal emergency services programs.

He may adopt and implement the Commonwealth of Virginia Emergency Operations Plan, which provides for state-level emergency operations in response to any type of disaster or large-scale emergency affecting Virginia and that provides the needed framework within which more detailed emergency plans and procedures can be developed and maintained by state agencies, local governments of 4 and other organizations.

He may direct and compel evacuation of all or part of the populace from any stricken or threatened area if this action is deemed necessary for the preservation of life, implement emergency mitigation, preparedness, response or recovery actions;

and control ingress and egress at an emergency area, including the A movement of persons within the area and the occupancy of premises therein.

Executive orders, to include those declaring a state of emergency and directing evacuation, Thallshall have the force and effect of law and the violation thereof shall be punishable as a Class 1 misdemeanor in every case where the executive order declares that its violation shall have such force and effect.

in Such executive orders declaring a state of emergency may address exceptional circumstances that exist relating to an order of quarantine or an order of isolation concerning a communicable disease of public health threat that is issued by the State Health Commissioner for an affected area of the Commonwealth pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1.

SExcept as to emergency plans issued to prescribe actions to be taken in the event of disasters and emergencies, no No rule, regulation, or order issued under this section shall have any effect beyond June 30 next following the next adjournment of the regular session of the General Assembly but the same or a similar rule, regulation, or order may thereafter be issued again if not contrary to law 3045 days after the date of issuanceissuance. unless extended as provided herein.

ThirtyUnless daysthe afterGeneral Assembly takes action on the daterule, ofregulation, issuance,or thSorder Governorwithin maythe extenddays during which the rule, regulation, or order foris effective, the Governor shall thereafter be prohibited from issuing the same or a periodsimilar ofrule, 30regulation, days,or duringorder whichrelating periodto the order.same emergency;

The(2) GovernorTo shallappoint reporta toState theCoordinator Generalof AssemblyEmergency onManagement theand statusauthorize of the continuedappointment necessityor employment of theother rule,personnel regulation,as oris ordernecessary atto carry out the timeprovisions of this chapter, and to remove, in his discretion, any extension.and all persons serving hereunder;

I(3) IfTo theprocure Generalsupplies Assemblyand takesequipment, noto actioninstitute ontraining theand rule,public regulation,information orprograms orderrelative withinto 60emergency daysmanagement ofand Theto issuancetake ofother thepreparatory rule,steps regulation,including or order, the Governorpartial may extend the rule, regulation, or orderfull formobilization an additional period of 30emergency days,management duringorganizations which period the General Assembly may be convened at any time in theadvance interest of theactual Commonwealthdisaster, thatto theinsure rule, regulation, or order be in effect for more than 90be days, the Generalfurnishing Assemblyof shalladequately betrained convened to consider and takeequipped actionforces onin suchtime extension.of need;

TheE Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order related to the same emergency without the approval of the General Assembly.

Such limitations on the duration of rules, regulations, or orders issued under this section shall not agencies of the Commonwealth to utilize a sum sufficient or seek federal reimbursement for emergency operations related to a previously declared emergency;

(2) To appoint a State Coordinator of Emergency Management and authorize the appointment or employment of other personnel as is necessary to carry out the provisions of this chapter, and So remove, in his discretion, any and all persons serving hereunder;

4 to emergency management and to take other preparatory steps including the partial or full mobilizationve of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces in time of need;

SB4S2 4 of 4 (5) On behalf of the Commonwealth to enter into mutual aid arrangements with other states and to coordinate mutual aid plans between political subdivisions of the Commonwealth.

Any purchase made by the Governor pursuant of 4 to this subdivision shall be exempt from the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), except the Governor shall be encouraged to comply with the provisions of § 2.2-4310 when possible.