CHAPTER 555
An Act to amend and reenact §44-146.21 of the Code of
Virginia, relating to declaration of local emergency.
[H 1260]
Approved March 29, 2016
Be it enacted by the General Assembly of Virginia:
1. That §44-146.21 of the Code of Virginia is amended and
reenacted as follows:
§44-146.21. Declaration of local emergency.
(a) A. A local emergency may be declared by the
local director of emergency management with the consent of the governing body
of the political subdivision. In the event the governing body cannot convene
due to the disaster or other exigent circumstances, the director, or in his
absence, the deputy director, or in the absence of both the director and deputy
director, any member of the governing body may declare the existence of a local
emergency, subject to confirmation by the governing body at its next regularly
scheduled meeting or at a special meeting within fourteen 45 days
of the declaration, whichever occurs first. The governing body, when in its
judgment all emergency actions have been taken, shall take appropriate action
to end the declared emergency.
(b) B. A declaration of a local emergency as
defined in §44-146.16 shall activate the local Emergency Operations Plan and
authorize the furnishing of aid and assistance thereunder.
(c) [Repealed.]
(c1) C. Whenever a local emergency has been
declared, the director of emergency management of each political subdivision or
any member of the governing body in the absence of the director, if so
authorized by the governing body, may 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, and 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, and other
expenditures of public funds, provided such funds in excess of appropriations
in the current approved budget, unobligated, are available. Whenever the
Governor has declared a state of emergency, each political subdivision affected
may, under the supervision and control of the Governor or his designated
representative, enter into contracts and incur obligations necessary to combat
such threatened or actual disaster beyond the capabilities of local government,
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 and control of the Governor, the political
subdivision may proceed without regard to time-consuming procedures and
formalities prescribed by law pertaining to 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.
(d) D. No interjurisdictional agency or official
thereof may declare a local emergency. However, an interjurisdictional agency
of emergency management shall provide aid and services to the affected
political subdivision authorizing such assistance in accordance with the
agreement as a result of a local or state declaration.
(e) E. None of the provisions of this chapter
shall apply to the Emergency Disaster Relief provided by the American Red Cross
or other relief agency solely concerned with the provision of service at no
cost to the citizens of the Commonwealth.
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