SB 60 — Political subdivisions; powers and duties, emergency management assessment.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E217 An Act to amend and reenact § 44-146.19 of the Code of Virginia, relating to powers and duties of political subdivisions;

R O [S 60] Approved LApril L8, 2022 Be it enacted by the General Assembly of Virginia:

E § 44-146.19.

DA. by the Department of Emergency Management and be responsible for local disaster mitigation,f and served preparedness, response, and recovery.

Each political subdivision shallwithin maintainthe inCommonwealth accordanceshall withbe statewithin disasterthe preparednessjurisdiction plansof and programsserved anby agencythe Department of emergencyEmergency managementManagement which,and exceptbe asresponsible otherwisefor providedlocal underdisaster thismitigation, chapter,preparedness, hasresponse, jurisdiction over and servicesrecovery. the entire political subdivision.

B.Each political subdivision shall maintain in accordance with state disaster preparedness plans and programs an agency of emergency management which, except as othB.

Each political subdivision shall have a director of emergency management who, after the term ofofision. the person presently serving in this capacity has expired and in the absence of an executive order by the Governor, shall be the following:

Bthe 1.person presently serving in this capacity has expired and in the absence of an executive order by the Governor, shall be the following:

In1. the case of a city, the mayor or city manager, who shall appoint a coordinator of emer0ency man2.

In the case of a city, the mayor or city manager, who shall appoint a coordinator of emergency management with consent of council;

2.

a5. director of emergency management, with the consent of the governing body, who shall appoint a appoint coordinator of emergency management with the consent of the governing body.

In Smyth County and in York County, the chief administrative officer for the county shall appoint a director of emergency management, with the consent of the governing body, who shall appoint a coordinator of emergency management with the consent of the governing body.

Whenever the Governor has declared a state of emergency, each political subdivision within the disaster area may, under the supervision and control of the Governor or his designated representative, control, restrict, allocate, or regulate the use, sale, production, and distribution of food, fuel, clothing, and other commodities, materials, goods, services, and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such disaster.

In exercising the powers vested under this section, under the supervision andeand control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.

The director of each local organization for emergency management may, in collaboration with (i) other public and private agencies within the Commonwealth or (ii) other states or localities within other states, develop or cause to be developed mutual aid arrangements for reciprocal assistance in case of a disaster too great to be dealt with unassisted.

The plan shall include, but not be limited to, responsibilities of all local agencies and shall establish a chain of command, and a provision that the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall behebe contacted immediately to deploy assistance in the event of an emergency as defined in the emergency of 2 response plan when there are victims as defined in § 19.2-11.01.

The Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be the lead coordinating agencies of 2 for those individuals determined to be victims, and the plan shall also contain current contact information for both agencies.