{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-146.17.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-146.17.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-146.17.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-146.17.html"}],"law_id":78828,"edition_id":1,"section_id":78828,"structure_id":14302,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","history":"1973, c. 260; 1974, c. 4; 1975, c. 11; 1981, c. 116; 1990, c. 95; 1997, c. 893; 2000, c. 309; 2004, cc. 773, 1021; 2006, c. 140; 2007, cc. 729, 742; 2008, cc. 121, 157; 2020, Sp. Sess. I, cc. 14, 15, 17, 38; 2022, cc. 803, 805; 2023, c. 603.","full_text":"A\n\nThe Governor shall be Director of Emergency Management. He shall take such action from time to time as is necessary for the adequate promotion and coordination of state and local emergency services activities relating to the safety and welfare of the Commonwealth in time of disasters.\n\t\t\tThe Governor shall have, in addition to his powers hereinafter or elsewhere prescribed by law, the following powers and duties:1\n\nTo 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 resources under any state or federal emergency services programs.\n\t\t\t\tHe 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 and other organizations.\n\t\t\t\tHe 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; prescribe routes, modes of transportation and destination in connection with evacuation; and control ingress and egress at an emergency area, including the movement of persons within the area and the occupancy of premises therein.\n\t\t\t\tExecutive 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 Class 1 misdemeanor in every case where the executive order declares that its violation shall have such force and effect.\n\t\t\t\tSuch 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.\n\t\t\t\tNo rule, regulation, or order issued under this section shall have any effect beyond 45 days after the date of issuance. Unless the General Assembly takes action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency;2\n\nTo 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 to remove, in his discretion, any and all persons serving hereunder;3\n\nTo procure supplies and equipment, to institute training and public information programs relative to emergency management and to take other preparatory steps including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces in time of need;4\n\nTo 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;5\n\nOn 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. After a state of emergency is declared in another state and the Governor receives a written request for assistance from the executive authority of that state, the Governor may authorize the use in the other state of personnel, equipment, supplies, and materials of the Commonwealth, or of a political subdivision, with the consent of the chief executive officer or governing body of the political subdivision;6\n\nTo delegate any administrative authority vested in him under this chapter, and to provide for the further delegation of any such authority, as needed;7\n\nWhenever, in the opinion of the Governor, the safety and welfare of the people of the Commonwealth require the exercise of emergency measures due to a threatened or actual disaster, to declare a state of emergency to exist;8\n\nTo request a major disaster declaration from the President, thereby certifying the need for federal disaster assistance and ensuring the expenditure of a reasonable amount of funds of the Commonwealth, its local governments, or other agencies for alleviating the damage, loss, hardship, or suffering resulting from the disaster;9\n\nTo provide incident command system guidelines for state agencies and local emergency response organizations;10\n\nWhenever, in the opinion of the Governor or his designee, an employee of a state or local public safety agency responding to a disaster has suffered an extreme personal or family hardship in the affected area, such as the destruction of a personal residence or the existence of living conditions that imperil the health and safety of an immediate family member of the employee, to direct the Comptroller of the Commonwealth to issue warrants not to exceed $2,500 per month, for up to three calendar months, to the employee to assist the employee with the hardship; and11\n\nDuring a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared pursuant to subdivision (7), to establish a program through which the Governor may purchase PPE for private, nongovernmental entities and distribute the PPE to such private, nongovernmental entities. If federal funding is available to establish and fund the program, the Governor, if necessary to comply with any conditions attached to such federal funding, shall be entitled to seek reimbursement for such purchases from the private, nongovernmental entities and may establish and charge fees to recover the cost of administering the program, including the cost of procuring and distributing the PPE. However, if federal funding is not available to establish and fund the program, the Governor shall, prior to making such purchases, receive a contract for payment for purchase from the private nongovernmental entities for the full cost of procuring and distributing the PPE, which shall include any amortized costs of administering the program. Any purchase made by the Governor pursuant 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. The Governor shall also provide for competition where practicable and include a written statement regarding the basis for awarding any contract. Prior to implementing such a program, the Department of Emergency Management shall consult with and survey private, nongovernmental entities in order to assess demand for participation in the program as well as the quantity and types of personal protective equipment such entities would like to procure.\n\t\t\t\tAs 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, coveralls, vests, full body suits, hand sanitizer, plastic shields, or testing for the communicable disease of public health threat.B\n\nNo rule, regulation, or order issued by the Governor or other governmental entity pursuant to this chapter shall impose restrictions on the operation of a place of worship that are more restrictive than the restrictions imposed on any other business, organization, or activity.","order_by":null,"text":{"0":{"id":282364,"text":"The Governor shall be Director of Emergency Management. He shall take such action from time to time as is necessary for the adequate promotion and coordination of state and local emergency services activities relating to the safety and welfare of the Commonwealth in time of disasters.\n\t\t\tThe Governor shall have, in addition to his powers hereinafter or elsewhere prescribed by law, the following powers and duties:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":282365,"text":"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 resources under any state or federal emergency services programs.\n\t\t\t\tHe 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 and other organizations.\n\t\t\t\tHe 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; prescribe routes, modes of transportation and destination in connection with evacuation; and control ingress and egress at an emergency area, including the movement of persons within the area and the occupancy of premises therein.\n\t\t\t\tExecutive 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 Class 1 misdemeanor in every case where the executive order declares that its violation shall have such force and effect.\n\t\t\t\tSuch 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.\n\t\t\t\tNo rule, regulation, or order issued under this section shall have any effect beyond 45 days after the date of issuance. Unless the General Assembly takes action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":282366,"text":"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 to remove, in his discretion, any and all persons serving hereunder;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":282367,"text":"To procure supplies and equipment, to institute training and public information programs relative to emergency management and to take other preparatory steps including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces in time of need;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":282368,"text":"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;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":282369,"text":"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. After a state of emergency is declared in another state and the Governor receives a written request for assistance from the executive authority of that state, the Governor may authorize the use in the other state of personnel, equipment, supplies, and materials of the Commonwealth, or of a political subdivision, with the consent of the chief executive officer or governing body of the political subdivision;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":282370,"text":"To delegate any administrative authority vested in him under this chapter, and to provide for the further delegation of any such authority, as needed;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":282371,"text":"Whenever, in the opinion of the Governor, the safety and welfare of the people of the Commonwealth require the exercise of emergency measures due to a threatened or actual disaster, to declare a state of emergency to exist;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":282372,"text":"To request a major disaster declaration from the President, thereby certifying the need for federal disaster assistance and ensuring the expenditure of a reasonable amount of funds of the Commonwealth, its local governments, or other agencies for alleviating the damage, loss, hardship, or suffering resulting from the disaster;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":282373,"text":"To provide incident command system guidelines for state agencies and local emergency response organizations;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":282374,"text":"Whenever, in the opinion of the Governor or his designee, an employee of a state or local public safety agency responding to a disaster has suffered an extreme personal or family hardship in the affected area, such as the destruction of a personal residence or the existence of living conditions that imperil the health and safety of an immediate family member of the employee, to direct the Comptroller of the Commonwealth to issue warrants not to exceed $2,500 per month, for up to three calendar months, to the employee to assist the employee with the hardship; and","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":282375,"text":"During a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared pursuant to subdivision (7), to establish a program through which the Governor may purchase PPE for private, nongovernmental entities and distribute the PPE to such private, nongovernmental entities. If federal funding is available to establish and fund the program, the Governor, if necessary to comply with any conditions attached to such federal funding, shall be entitled to seek reimbursement for such purchases from the private, nongovernmental entities and may establish and charge fees to recover the cost of administering the program, including the cost of procuring and distributing the PPE. However, if federal funding is not available to establish and fund the program, the Governor shall, prior to making such purchases, receive a contract for payment for purchase from the private nongovernmental entities for the full cost of procuring and distributing the PPE, which shall include any amortized costs of administering the program. Any purchase made by the Governor pursuant 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. The Governor shall also provide for competition where practicable and include a written statement regarding the basis for awarding any contract. Prior to implementing such a program, the Department of Emergency Management shall consult with and survey private, nongovernmental entities in order to assess demand for participation in the program as well as the quantity and types of personal protective equipment such entities would like to procure.\n\t\t\t\tAs 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, coveralls, vests, full body suits, hand sanitizer, plastic shields, or testing for the communicable disease of public health threat.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"B"},"12":{"id":282376,"text":"No rule, regulation, or order issued by the Governor or other governmental entity pursuant to this chapter shall impose restrictions on the operation of a place of worship that are more restrictive than the restrictions imposed on any other business, organization, or activity.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A11"}},"ancestry":[{"id":14302,"edition_id":1,"name":"Emergency Services and Disaster Law","identifier":"3.2","label":"chapter","depth":2,"order_by":1,"parent_id":13446,"metadata":{},"date_created":"2026-06-26 03:47:39","date_modified":"2026-06-26 03:47:39","permalink":{"id":222283,"object_type":"structure","relational_id":14302,"identifier":"3.2","token":"44\/3.2","url":"\/44\/3.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13446,"edition_id":1,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221549,"object_type":"structure","relational_id":13446,"identifier":"44","token":"44","url":"\/44\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83808,"structure_id":14302,"section_number":"44-146.13","catch_line":"Short title","url":"\/44-146.13\/","token":"44\/3.2\/44-146.13","metadata":false},{"id":65115,"structure_id":14302,"section_number":"44-146.14","catch_line":"Findings of General Assembly","url":"\/44-146.14\/","token":"44\/3.2\/44-146.14","metadata":false},{"id":56507,"structure_id":14302,"section_number":"44-146.15","catch_line":"Construction of chapter","url":"\/44-146.15\/","token":"44\/3.2\/44-146.15","metadata":false},{"id":65984,"structure_id":14302,"section_number":"44-146.16","catch_line":"Definitions","url":"\/44-146.16\/","token":"44\/3.2\/44-146.16","metadata":false},{"id":78828,"structure_id":14302,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","url":"\/44-146.17\/","token":"44\/3.2\/44-146.17","metadata":false},{"id":73003,"structure_id":14302,"section_number":"44-146.17:1","catch_line":"Transmittal to General Assembly of rules, regulations, and orders","url":"\/44-146.17_1\/","token":"44\/3.2\/44-146.17_1","metadata":false},{"id":62120,"structure_id":14302,"section_number":"44-146.17:1.1","catch_line":"Certain emergency orders; additional requirements","url":"\/44-146.17_1.1\/","token":"44\/3.2\/44-146.17_1.1","metadata":false},{"id":74379,"structure_id":14302,"section_number":"44-146.17:2","catch_line":"Annual statewide drill","url":"\/44-146.17_2\/","token":"44\/3.2\/44-146.17_2","metadata":false},{"id":55576,"structure_id":14302,"section_number":"44-146.18","catch_line":"Department of Emergency Management; administration and operational control; coordinator and other personnel; powers and duties","url":"\/44-146.18\/","token":"44\/3.2\/44-146.18","metadata":false},{"id":70134,"structure_id":14302,"section_number":"44-146.18:1","catch_line":"Virginia Disaster Response Funds disbursements; reimbursements","url":"\/44-146.18_1\/","token":"44\/3.2\/44-146.18_1","metadata":false},{"id":71648,"structure_id":14302,"section_number":"44-146.18:2","catch_line":"Authority of Coordinator of Emergency Management in undeclared emergency","url":"\/44-146.18_2\/","token":"44\/3.2\/44-146.18_2","metadata":false},{"id":69158,"structure_id":14302,"section_number":"44-146.18:3","catch_line":"First informer broadcasters; coordination with Department of Emergency Management","url":"\/44-146.18_3\/","token":"44\/3.2\/44-146.18_3","metadata":false},{"id":84404,"structure_id":14302,"section_number":"44-146.18:4","catch_line":"State Coordinator of Emergency Management responsible for annual Virginia Comprehensive Emergency Management Report","url":"\/44-146.18_4\/","token":"44\/3.2\/44-146.18_4","metadata":false},{"id":59542,"structure_id":14302,"section_number":"44-146.18:5","catch_line":"Division of Public Safety Communications established; appointment of Virginia Public Safety Communications Coordinator; duties of Division","url":"\/44-146.18_5\/","token":"44\/3.2\/44-146.18_5","metadata":false},{"id":63764,"structure_id":14302,"section_number":"44-146.18:6","catch_line":"Geographic Information Network Division established; powers and duties; Division Coordinator","url":"\/44-146.18_6\/","token":"44\/3.2\/44-146.18_6","metadata":false},{"id":70812,"structure_id":14302,"section_number":"44-146.18:7","catch_line":"GIS Fund created","url":"\/44-146.18_7\/","token":"44\/3.2\/44-146.18_7","metadata":false},{"id":55832,"structure_id":14302,"section_number":"44-146.18:8","catch_line":"Additional powers and duties of the State Coordinator of Emergency Management","url":"\/44-146.18_8\/","token":"44\/3.2\/44-146.18_8","metadata":false},{"id":86221,"structure_id":14302,"section_number":"44-146.18:9","catch_line":"Nonstock corporation to assist in the development of GIS data","url":"\/44-146.18_9\/","token":"44\/3.2\/44-146.18_9","metadata":false},{"id":85193,"structure_id":14302,"section_number":"44-146.19","catch_line":"Powers and duties of political subdivisions","url":"\/44-146.19\/","token":"44\/3.2\/44-146.19","metadata":false},{"id":78856,"structure_id":14302,"section_number":"44-146.20","catch_line":"Joint action by political subdivisions","url":"\/44-146.20\/","token":"44\/3.2\/44-146.20","metadata":false},{"id":67566,"structure_id":14302,"section_number":"44-146.21","catch_line":"Declaration of local emergency","url":"\/44-146.21\/","token":"44\/3.2\/44-146.21","metadata":false},{"id":70539,"structure_id":14302,"section_number":"44-146.22","catch_line":"Development of measures to prevent or reduce harmful consequences of disasters; disclosure of information","url":"\/44-146.22\/","token":"44\/3.2\/44-146.22","metadata":false},{"id":76000,"structure_id":14302,"section_number":"44-146.23","catch_line":"Immunity from liability","url":"\/44-146.23\/","token":"44\/3.2\/44-146.23","metadata":false},{"id":62719,"structure_id":14302,"section_number":"44-146.24","catch_line":"Cooperation of public agencies","url":"\/44-146.24\/","token":"44\/3.2\/44-146.24","metadata":false},{"id":67520,"structure_id":14302,"section_number":"44-146.25","catch_line":"Repealed","url":"\/44-146.25\/","token":"44\/3.2\/44-146.25","metadata":false},{"id":76909,"structure_id":14302,"section_number":"44-146.26","catch_line":"Duties of emergency management organizations","url":"\/44-146.26\/","token":"44\/3.2\/44-146.26","metadata":false},{"id":75520,"structure_id":14302,"section_number":"44-146.27","catch_line":"Supplementing federal funds; assistance of federal agencies; acceptance of gifts and services; appropriations by local governing bodies","url":"\/44-146.27\/","token":"44\/3.2\/44-146.27","metadata":false},{"id":75418,"structure_id":14302,"section_number":"44-146.28","catch_line":"Authority of Governor and agencies under his control in declared state of emergency","url":"\/44-146.28\/","token":"44\/3.2\/44-146.28","metadata":false},{"id":83794,"structure_id":14302,"section_number":"44-146.28:1","catch_line":"Compact enacted into law; terms","url":"\/44-146.28_1\/","token":"44\/3.2\/44-146.28_1","metadata":false},{"id":86962,"structure_id":14302,"section_number":"44-146.28:2","catch_line":"Disaster relief assistance by out-of-state businesses and employees","url":"\/44-146.28_2\/","token":"44\/3.2\/44-146.28_2","metadata":false},{"id":66386,"structure_id":14302,"section_number":"44-146.29","catch_line":"Expired","url":"\/44-146.29\/","token":"44\/3.2\/44-146.29","metadata":false},{"id":72455,"structure_id":14302,"section_number":"44-146.29:1","catch_line":"Expired","url":"\/44-146.29_1\/","token":"44\/3.2\/44-146.29_1","metadata":false},{"id":70917,"structure_id":14302,"section_number":"44-146.29:3","catch_line":"Emergency Shelters Upgrade Assistance Grant Fund","url":"\/44-146.29_3\/","token":"44\/3.2\/44-146.29_3","metadata":false},{"id":84353,"structure_id":14302,"section_number":"44-146.29:4","catch_line":"Disconnection suspension for certain utilities","url":"\/44-146.29_4\/","token":"44\/3.2\/44-146.29_4","metadata":false}],"previous_section":{"id":65984,"structure_id":14302,"section_number":"44-146.16","catch_line":"Definitions","url":"\/44-146.16\/","token":"44\/3.2\/44-146.16","metadata":false},"next_section":{"id":73003,"structure_id":14302,"section_number":"44-146.17:1","catch_line":"Transmittal to General Assembly of rules, regulations, and orders","url":"\/44-146.17_1\/","token":"44\/3.2\/44-146.17_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-146.17\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 260 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1974, chapter 4; in 1975, chapter 11; in 1981, chapter 116; in 1990, chapter 95; in 1997, chapter 893<\/a>; in 2000, chapter 309<\/a>; in 2004, chapters 773<\/a> and 1021<\/a>; in 2006, chapter 140<\/a>; in 2007, chapters 729<\/a> and 742<\/a>; in 2008, chapters 121<\/a> and 157<\/a>; in 2022, chapters 803<\/a> and 805<\/a>; in 2023, chapter 603<\/a>.<\/p>","references":[{"id":78376,"section_number":"2.2-3708.2","catch_line":"Meetings held through electronic communication means during declared states of emergency","order_by":null,"url":"\/2.2-3708.2\/"},{"id":54190,"section_number":"2.2-4343","catch_line":"Exemption from operation of chapter for certain transactions","order_by":null,"url":"\/2.2-4343\/"},{"id":77449,"section_number":"22.1-98","catch_line":"Reduction of state aid when length of school term below 180 days or 990 hours","order_by":null,"url":"\/22.1-98\/"},{"id":66377,"section_number":"3.2-505","catch_line":"Emergency services","order_by":null,"url":"\/3.2-505\/"},{"id":67340,"section_number":"32.1-37.01","catch_line":"Posting of information about cases of communicable disease of public health threat","order_by":null,"url":"\/32.1-37.01\/"},{"id":66225,"section_number":"32.1-48.017","catch_line":"Use of public or private property or facilities","order_by":null,"url":"\/32.1-48.017\/"},{"id":81771,"section_number":"40.1-28.7:7","catch_line":"Misclassification of workers","order_by":null,"url":"\/40.1-28.7_7\/"},{"id":73003,"section_number":"44-146.17:1","catch_line":"Transmittal to General Assembly of rules, regulations, and orders","order_by":null,"url":"\/44-146.17_1\/"},{"id":62120,"section_number":"44-146.17:1.1","catch_line":"Certain emergency orders; additional requirements","order_by":null,"url":"\/44-146.17_1.1\/"},{"id":75418,"section_number":"44-146.28","catch_line":"Authority of Governor and agencies under his control in declared state of emergency","order_by":null,"url":"\/44-146.28\/"},{"id":86742,"section_number":"54.1-1142.1","catch_line":"Certifications in event of declared emergency","order_by":null,"url":"\/54.1-1142.1\/"},{"id":64337,"section_number":"55.1-1229","catch_line":"Access; consent; correction of nonemergency conditions; relocation of tenant; security systems","order_by":null,"url":"\/55.1-1229\/"},{"id":69756,"section_number":"58.1-112","catch_line":"Return filing frequency; waiver of penalties","order_by":null,"url":"\/58.1-112\/"},{"id":83197,"section_number":"58.1-3235","catch_line":"Removal of parcels from program if taxes delinquent","order_by":null,"url":"\/58.1-3235\/"},{"id":54032,"section_number":"60.2-212","catch_line":"Employment","order_by":null,"url":"\/60.2-212\/"},{"id":67137,"section_number":"65.2-301.2","catch_line":"Employee classification; disaster; personal protective equipment not considered","order_by":null,"url":"\/65.2-301.2\/"},{"id":74491,"section_number":"8.01-225.03","catch_line":"Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day centers during a disaster under specific circumstances","order_by":null,"url":"\/8.01-225.03\/"}],"refers_to":[{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":59798,"section_number":"2.2-4310","catch_line":"Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations","order_by":null,"url":"\/2.2-4310\/"},{"id":72908,"section_number":"32.1-48.05","catch_line":"Application of article; determination of exceptional circumstances; regulations; duties of the State Health Commissioner not be delegated","order_by":null,"url":"\/32.1-48.05\/"}],"permalink":{"id":222301,"object_type":"law","relational_id":78828,"identifier":"44-146.17","token":"44\/3.2\/44-146.17","url":"\/44-146.17\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-146.17\/","token":"44\/3.2\/44-146.17","dublin_core":{"Title":"Powers and duties of Governor","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-146.17","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Governor shall be Director of Emergency Management. He shall take such action from time to time as is necessary for the adequate promotion and coordination of state and local emergency services<\/span> activities relating to the safety and welfare of the Commonwealth in time of disasters<\/span>.\n\t\t\tThe Governor shall have, in addition to his powers hereinafter or elsewhere prescribed by law<\/span>, the following powers and duties: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To proclaim and publish such rules and regulations and to issue<\/span> such orders<\/span> as may, in his judgment<\/span>, be necessary to accomplish the purposes of this chapter including, but not limited to such measures as are in his judgment<\/span> required to control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials<\/span>, goods, services and resources under any state or federal emergency services<\/span> programs.\n\t\t\t\tHe 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<\/span> 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 and other organizations.\n\t\t\t\tHe 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; prescribe routes, modes of transportation and destination in connection with evacuation; and control ingress and egress at an emergency area, including the movement of persons within the area and the occupancy of premises therein.\n\t\t\t\tExecutive orders<\/span>, to include those declaring a state of emergency<\/span> and directing evacuation, shall have the force and effect of law<\/span> and the violation thereof shall be punishable as a Class 1 misdemeanor<\/span> in every case where the executive order<\/span> declares that its violation shall have such force and effect.\n\t\t\t\tSuch executive orders<\/span> declaring a state of emergency<\/span> may address exceptional circumstances that exist relating to an order<\/span> of quarantine or an order<\/span> of isolation concerning a communicable disease of public health threat<\/span> that is issued by the State Health Commissioner for an affected area of the Commonwealth pursuant to Article 3.02 (§ 32.1-48.05<\/a> et seq.) of Chapter 2 of Title 32.1.\n\t\t\t\tNo rule, regulation, or order<\/span> issued under this section shall have any effect beyond 45 days after the date of issuance. Unless the General Assembly takes action on the rule, regulation, or order<\/span> within the 45 days during which the rule, regulation, or order<\/span> is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order<\/span> relating to the same emergency; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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 to remove, in his discretion, any and all persons serving hereunder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To procure supplies and equipment, to institute training and public information programs relative to emergency management and to take other preparatory steps including the partial or full mobilization of emergency management organizations in advance of actual disaster<\/span>, to insure the furnishing of adequately trained and equipped forces in time of need; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> On behalf of the Commonwealth to enter into mutual aid arrangements with other states and to coordinate mutual aid plans between political subdivisions<\/span> of the Commonwealth. After a state of emergency<\/span> is declared in another state and the Governor receives a written request for assistance from the executive authority of that state, the Governor may authorize the use in the other state of personnel, equipment, supplies, and materials<\/span> of the Commonwealth, or of a political subdivision<\/span>, with the consent of the chief executive officer or governing body of the political subdivision<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To delegate any administrative authority vested in him under this chapter, and to provide for the further delegation of any such authority, as needed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Whenever, in the opinion<\/span> of the Governor, the safety and welfare of the people of the Commonwealth require the exercise of emergency measures due to a threatened or actual disaster<\/span>, to declare a state of emergency<\/span> to exist; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To request a major disaster<\/span> declaration from the President, thereby certifying the need for federal disaster assistance and ensuring the expenditure of a reasonable amount of funds of the Commonwealth, its local governments, or other agencies for alleviating the damage, loss, hardship, or suffering resulting from the disaster; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> To provide incident command system guidelines for state agencies and local emergency<\/span> response organizations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Whenever, in the opinion<\/span> of the Governor or his designee, an employee of a state or local public safety agency responding to a disaster has suffered an extreme personal or family hardship in the affected area, such as the destruction of a personal residence or the existence of living conditions that imperil the health and safety of an immediate family member of the employee, to direct the Comptroller of the Commonwealth to issue<\/span> warrants not to exceed $2,500 per month, for up to three calendar months, to the employee to assist the employee with the hardship; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> During a disaster caused by a communicable disease of public health threat<\/span> for which a state of emergency<\/span> has been declared pursuant to subdivision (7), to establish a program through which the Governor may purchase PPE<\/span> for private, nongovernmental entities and distribute the PPE<\/span> to such private, nongovernmental entities. If federal funding is available to establish and fund the program, the Governor, if necessary to comply with any conditions attached to such federal funding, shall be entitled to seek reimbursement for such purchases from the private, nongovernmental entities and may establish and charge fees to recover the cost of administering the program, including the cost of procuring and distributing the PPE<\/span>. However, if federal funding is not available to establish and fund the program, the Governor shall, prior to making such purchases, receive a contract<\/span> for payment for purchase from the private nongovernmental entities for the full cost of procuring and distributing the PPE<\/span>, which shall include any amortized costs of administering the program. Any purchase made by the Governor pursuant to this subdivision shall be exempt from the provisions of the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.), except the Governor shall be encouraged to comply with the provisions of § 2.2-4310<\/a> when possible. The Governor shall also provide for competition where practicable and include a written statement regarding the basis for awarding any contract<\/span>. Prior to implementing such a program, the Department of Emergency Management shall consult with and survey private, nongovernmental entities in order<\/span> to assess demand for participation in the program as well as the quantity and types of personal protective equipment<\/span> such entities would like to procure.\n\t\t\t\tAs used in this subdivision, “personal protective equipment<\/span>” or “PPE<\/span>” 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, coveralls, vests, full body suits, hand sanitizer, plastic shields, or testing for the communicable disease of public health threat<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No rule, regulation, or order<\/span> issued by the Governor or other governmental entity pursuant to this chapter shall impose restrictions on the operation of a place of worship that are more restrictive than the restrictions imposed on any other business, organization, or activity. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF GOVERNOR (\u00a7 44-146.17)\n\nA. The Governor shall be Director of Emergency Management. He shall take such\naction from time to time as is necessary for the adequate promotion and\ncoordination of state and local emergency services activities relating to the\nsafety and welfare of the Commonwealth in time of disasters.\n\t\t\tThe Governor shall have, in addition to his powers hereinafter or elsewhere\nprescribed by law, the following powers and duties:\n\n 1. To proclaim and publish such rules and regulations and to issue such orders\n as may, in his judgment, be necessary to accomplish the purposes of this\n chapter including, but not limited to such measures as are in his judgment\n required to control, restrict, allocate or regulate the use, sale, production\n and distribution of food, fuel, clothing and other commodities, materials,\n goods, services and resources under any state or federal emergency services\n programs.\n \t\t\t\tHe may adopt and implement the Commonwealth of Virginia Emergency\n Operations Plan, which provides for state-level emergency operations in\n response to any type of disaster or large-scale emergency affecting Virginia\n and that provides the needed framework within which more detailed emergency\n plans and procedures can be developed and maintained by state agencies, local\n governments and other organizations.\n \t\t\t\tHe may direct and compel evacuation of all or part of the populace from\n any stricken or threatened area if this action is deemed necessary for the\n preservation of life, implement emergency mitigation, preparedness, response\n or recovery actions; prescribe routes, modes of transportation and destination\n in connection with evacuation; and control ingress and egress at an emergency\n area, including the movement of persons within the area and the occupancy of\n premises therein.\n \t\t\t\tExecutive orders, to include those declaring a state of emergency and\n directing evacuation, shall have the force and effect of law and the violation\n thereof shall be punishable as a Class 1 misdemeanor in every case where the\n executive order declares that its violation shall have such force and effect.\n \t\t\t\tSuch executive orders declaring a state of emergency may address\n exceptional circumstances that exist relating to an order of quarantine or an\n order of isolation concerning a communicable disease of public health threat\n that is issued by the State Health Commissioner for an affected area of the\n Commonwealth pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2\n of Title 32.1.\n \t\t\t\tNo rule, regulation, or order issued under this section shall have any\n effect beyond 45 days after the date of issuance. Unless the General Assembly\n takes action on the rule, regulation, or order within the 45 days during which\n the rule, regulation, or order is effective, the Governor shall thereafter be\n prohibited from issuing the same or a similar rule, regulation, or order\n relating to the same emergency;\n\n 2. To appoint a State Coordinator of Emergency Management and authorize the\n appointment or employment of other personnel as is necessary to carry out the\n provisions of this chapter, and to remove, in his discretion, any and all\n persons serving hereunder;\n\n 3. To procure supplies and equipment, to institute training and public\n information programs relative to emergency management and to take other\n preparatory steps including the partial or full mobilization of emergency\n management organizations in advance of actual disaster, to insure the\n furnishing of adequately trained and equipped forces in time of need;\n\n 4. To make such studies and surveys of industries, resources, and facilities\n in the Commonwealth as may be necessary to ascertain the capabilities of the\n Commonwealth and to plan for the most efficient emergency use thereof;\n\n 5. On behalf of the Commonwealth to enter into mutual aid arrangements with\n other states and to coordinate mutual aid plans between political subdivisions\n of the Commonwealth. After a state of emergency is declared in another state\n and the Governor receives a written request for assistance from the executive\n authority of that state, the Governor may authorize the use in the other state\n of personnel, equipment, supplies, and materials of the Commonwealth, or of a\n political subdivision, with the consent of the chief executive officer or\n governing body of the political subdivision;\n\n 6. To delegate any administrative authority vested in him under this chapter,\n and to provide for the further delegation of any such authority, as needed;\n\n 7. Whenever, in the opinion of the Governor, the safety and welfare of the\n people of the Commonwealth require the exercise of emergency measures due to a\n threatened or actual disaster, to declare a state of emergency to exist;\n\n 8. To request a major disaster declaration from the President, thereby\n certifying the need for federal disaster assistance and ensuring the\n expenditure of a reasonable amount of funds of the Commonwealth, its local\n governments, or other agencies for alleviating the damage, loss, hardship, or\n suffering resulting from the disaster;\n\n 9. To provide incident command system guidelines for state agencies and local\n emergency response organizations;\n\n 10. Whenever, in the opinion of the Governor or his designee, an employee of a\n state or local public safety agency responding to a disaster has suffered an\n extreme personal or family hardship in the affected area, such as the\n destruction of a personal residence or the existence of living conditions that\n imperil the health and safety of an immediate family member of the employee,\n to direct the Comptroller of the Commonwealth to issue warrants not to exceed\n $2,500 per month, for up to three calendar months, to the employee to assist\n the employee with the hardship; and\n\n 11. During a disaster caused by a communicable disease of public health threat\n for which a state of emergency has been declared pursuant to subdivision (7),\n to establish a program through which the Governor may purchase PPE for\n private, nongovernmental entities and distribute the PPE to such private,\n nongovernmental entities. If federal funding is available to establish and\n fund the program, the Governor, if necessary to comply with any conditions\n attached to such federal funding, shall be entitled to seek reimbursement for\n such purchases from the private, nongovernmental entities and may establish\n and charge fees to recover the cost of administering the program, including\n the cost of procuring and distributing the PPE. However, if federal funding is\n not available to establish and fund the program, the Governor shall, prior to\n making such purchases, receive a contract for payment for purchase from the\n private nongovernmental entities for the full cost of procuring and\n distributing the PPE, which shall include any amortized costs of administering\n the program. Any purchase made by the Governor pursuant to this subdivision\n shall be exempt from the provisions of the Virginia Public Procurement Act\n (§ 2.2-4300 et seq.), except the Governor shall be encouraged to comply\n with the provisions of § 2.2-4310 when possible. The Governor shall also\n provide for competition where practicable and include a written statement\n regarding the basis for awarding any contract. Prior to implementing such a\n program, the Department of Emergency Management shall consult with and survey\n private, nongovernmental entities in order to assess demand for participation\n in the program as well as the quantity and types of personal protective\n equipment such entities would like to procure.\n \t\t\t\tAs used in this subdivision, “personal protective equipment”\n or “PPE” means equipment or supplies worn or employed to minimize\n exposure to hazards that cause serious workplace injuries and illnesses and\n may include items such as gloves, safety glasses and shoes, earplugs or muffs,\n hard hats, respirators, coveralls, vests, full body suits, hand sanitizer,\n plastic shields, or testing for the communicable disease of public health\n threat.\n\nB. No rule, regulation, or order issued by the Governor or other governmental\nentity pursuant to this chapter shall impose restrictions on the operation of a\nplace of worship that are more restrictive than the restrictions imposed on any\nother business, organization, or activity.\n\nHISTORY: 1973, c. 260; 1974, c. 4; 1975, c. 11; 1981, c. 116; 1990, c. 95; 1997,\nc. 893; 2000, c. 309; 2004, cc. 773, 1021; 2006, c. 140; 2007, cc. 729, 742;\n2008, cc. 121, 157; 2020, Sp. Sess. I, cc. 14, 15, 17, 38; 2022, cc. 803, 805;\n2023, c. 603.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}