{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-146.28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-146.28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-146.28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-146.28.html"}],"law_id":75418,"edition_id":1,"section_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","history":"1973, c. 260; 1974, c. 4; 1975, c. 11; 1997, c. 893; 2000, cc. 309, 1023; 2007, cc. 729, 742; 2011, cc. 53, 69; 2015, cc. 502, 503; 2019, c. 615.","full_text":"A\n\nIn the case of a declaration of a state of emergency as defined in \u00a7 44-146.16, the Governor is authorized to expend from all funds of the state treasury not constitutionally restricted, a sum sufficient. Allotments from such sum sufficient may be made by the Governor to any state agency or political subdivision of the Commonwealth to carry out disaster service missions and responsibilities. Allotments may also be made by the Governor from the sum sufficient to provide financial assistance to eligible applicants located in an area declared to be in a state of emergency, but not declared to be a major disaster area for which federal assistance might be forthcoming. This shall be considered as a program of last resort for those local jurisdictions that cannot meet the full cost.\n\t\t\tThe Virginia Department of Emergency Management shall establish guidelines and procedures for determining whether and to what extent financial assistance to local governments may be provided.\n\t\t\tThe guidelines and procedures shall include the following:1\n\nParticipants may be eligible to receive financial assistance to cover a percentage of eligible costs if they demonstrate that they are incapable of covering the full cost. The percentage may vary, based on the Commission on Local Government’s fiscal stress index. The cumulative effect of recent disasters during the preceding twelve months may also be considered for eligibility purposes.2\n\nOnly eligible participants that have sustained an emergency or disaster as defined in § 44-146.16 with total eligible costs of $4 or more per capita may receive assistance, except that (i) any town with a total population of less than 3,500 shall be eligible for disaster assistance for incurred eligible damages of $15,000 or greater and (ii) any town with a population of 3,500 or more, but less than 5,000 shall be eligible for disaster assistance for incurred eligible damages of $20,000 or greater and (iii) any town with a population of 5,000 or greater with total eligible costs of $4 or more per capita may receive assistance. No site or facility may be included with less than $1,000 in eligible costs. However, the total cost of debris clearance may be considered as costs associated with a single site.3\n\nEligible participants shall be fully covered by all-risk property and flood insurance policies, including provisions for insuring the contents of the property and business interruptions, or shall be self-insured, in order to be eligible for this assistance. Insurance deductibles shall not be covered by this program.4\n\nEligible costs incurred by towns, public service authorities, volunteer fire departments, and volunteer emergency medical services agencies may be included in a county’s or city’s total costs.5\n\nUnless otherwise stated in guidelines and procedures, eligible costs are defined as those listed in the Public Assistance component of P.L. 93-288, as amended, excluding beach replenishment and snow removal.6\n\nState agencies, as directed by the Virginia Department of Emergency Management, shall conduct an on-site survey to validate damages and to document restoration costs.7\n\nEligible participants shall maintain complete documentation of all costs in a manner approved by the Auditor of Public Accounts and shall provide copies of the documentation to the Virginia Department of Emergency Management upon request.\n\t\t\t\tIf a jurisdiction meets the criteria set forth in the guidelines and procedures, but is in an area that has neither been declared to be in a state of emergency nor been declared to be a major disaster area for which federal assistance might be forthcoming, the Governor is authorized, in his discretion, to make an allotment from the sum sufficient to that jurisdiction without a declaration of a state of emergency, in the same manner as if a state of emergency declaration had been made.\n\t\t\t\tThe Governor shall report to the Chairmen of the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, and the House Committee on Finance within 30 days of authorizing the sum sufficient pursuant to this section.B\n\nPublic agencies under the supervision and control of the Governor may implement their emergency assignments without regard to normal procedures, 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 expenditures of public funds.C\n\nAllotments may be made by the Governor from a sum sufficient to provide financial assistance to Virginia state agencies and political subdivisions responding to a declared state of emergency in another state as provided by § 44-146.17, whether or not a state of emergency is declared in the Commonwealth pursuant to § 44-146.16.D\n\nAllotments may be made by the Governor from a sum sufficient for the deployment of personnel and materials for the Virginia National Guard and the Virginia Defense Force to prepare for a response to any of the circumstances set forth in subdivisions A 1 through 5 of § 44-75.1, whether or not a state of emergency is declared in the Commonwealth pursuant to § 44-146.16. However, preparation authorized by this subsection shall be limited to the deployment of no more than 300 personnel and shall be limited to no more than five days, unless a state of emergency is declared.","order_by":null,"text":{"0":{"id":270726,"text":"In the case of a declaration of a state of emergency as defined in \u00a7 44-146.16, the Governor is authorized to expend from all funds of the state treasury not constitutionally restricted, a sum sufficient. Allotments from such sum sufficient may be made by the Governor to any state agency or political subdivision of the Commonwealth to carry out disaster service missions and responsibilities. Allotments may also be made by the Governor from the sum sufficient to provide financial assistance to eligible applicants located in an area declared to be in a state of emergency, but not declared to be a major disaster area for which federal assistance might be forthcoming. This shall be considered as a program of last resort for those local jurisdictions that cannot meet the full cost.\n\t\t\tThe Virginia Department of Emergency Management shall establish guidelines and procedures for determining whether and to what extent financial assistance to local governments may be provided.\n\t\t\tThe guidelines and procedures shall include the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":270727,"text":"Participants may be eligible to receive financial assistance to cover a percentage of eligible costs if they demonstrate that they are incapable of covering the full cost. The percentage may vary, based on the Commission on Local Government’s fiscal stress index. The cumulative effect of recent disasters during the preceding twelve months may also be considered for eligibility purposes.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":270728,"text":"Only eligible participants that have sustained an emergency or disaster as defined in § 44-146.16 with total eligible costs of $4 or more per capita may receive assistance, except that (i) any town with a total population of less than 3,500 shall be eligible for disaster assistance for incurred eligible damages of $15,000 or greater and (ii) any town with a population of 3,500 or more, but less than 5,000 shall be eligible for disaster assistance for incurred eligible damages of $20,000 or greater and (iii) any town with a population of 5,000 or greater with total eligible costs of $4 or more per capita may receive assistance. No site or facility may be included with less than $1,000 in eligible costs. However, the total cost of debris clearance may be considered as costs associated with a single site.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":270729,"text":"Eligible participants shall be fully covered by all-risk property and flood insurance policies, including provisions for insuring the contents of the property and business interruptions, or shall be self-insured, in order to be eligible for this assistance. Insurance deductibles shall not be covered by this program.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":270730,"text":"Eligible costs incurred by towns, public service authorities, volunteer fire departments, and volunteer emergency medical services agencies may be included in a county’s or city’s total costs.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":270731,"text":"Unless otherwise stated in guidelines and procedures, eligible costs are defined as those listed in the Public Assistance component of P.L. 93-288, as amended, excluding beach replenishment and snow removal.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":270732,"text":"State agencies, as directed by the Virginia Department of Emergency Management, shall conduct an on-site survey to validate damages and to document restoration costs.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":270733,"text":"Eligible participants shall maintain complete documentation of all costs in a manner approved by the Auditor of Public Accounts and shall provide copies of the documentation to the Virginia Department of Emergency Management upon request.\n\t\t\t\tIf a jurisdiction meets the criteria set forth in the guidelines and procedures, but is in an area that has neither been declared to be in a state of emergency nor been declared to be a major disaster area for which federal assistance might be forthcoming, the Governor is authorized, in his discretion, to make an allotment from the sum sufficient to that jurisdiction without a declaration of a state of emergency, in the same manner as if a state of emergency declaration had been made.\n\t\t\t\tThe Governor shall report to the Chairmen of the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, and the House Committee on Finance within 30 days of authorizing the sum sufficient pursuant to this section.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":270734,"text":"Public agencies under the supervision and control of the Governor may implement their emergency assignments without regard to normal procedures, 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 expenditures of public funds.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":270735,"text":"Allotments may be made by the Governor from a sum sufficient to provide financial assistance to Virginia state agencies and political subdivisions responding to a declared state of emergency in another state as provided by § 44-146.17, whether or not a state of emergency is declared in the Commonwealth pursuant to § 44-146.16.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"10":{"id":270736,"text":"Allotments may be made by the Governor from a sum sufficient for the deployment of personnel and materials for the Virginia National Guard and the Virginia Defense Force to prepare for a response to any of the circumstances set forth in subdivisions A 1 through 5 of § 44-75.1, whether or not a state of emergency is declared in the Commonwealth pursuant to § 44-146.16. However, preparation authorized by this subsection shall be limited to the deployment of no more than 300 personnel and shall be limited to no more than five days, unless a state of emergency is declared.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-146.28\/","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 8 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 1997, chapter 893<\/a>; in 2000, chapters 309<\/a> and 1023<\/a>; in 2007, chapters 729<\/a> and 742<\/a>; in 2011, chapters 53<\/a> and 69<\/a>; in 2015, chapters 502<\/a> and 503<\/a>; in 2019, chapter 615<\/a>.<\/p>","references":[{"id":57884,"section_number":"2.2-1124","catch_line":"Disposition of surplus materials","order_by":null,"url":"\/2.2-1124\/"},{"id":55576,"section_number":"44-146.18","catch_line":"Department of Emergency Management; administration and operational control; coordinator and other personnel; powers and duties","order_by":null,"url":"\/44-146.18\/"},{"id":54405,"section_number":"9.1-400","catch_line":"Title of chapter; definitions","order_by":null,"url":"\/9.1-400\/"}],"refers_to":[{"id":65984,"section_number":"44-146.16","catch_line":"Definitions","order_by":null,"url":"\/44-146.16\/"},{"id":78828,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","order_by":null,"url":"\/44-146.17\/"},{"id":69493,"section_number":"44-75.1","catch_line":"Militia state active duty","order_by":null,"url":"\/44-75.1\/"}],"permalink":{"id":222393,"object_type":"law","relational_id":75418,"identifier":"44-146.28","token":"44\/3.2\/44-146.28","url":"\/44-146.28\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-146.28\/","token":"44\/3.2\/44-146.28","dublin_core":{"Title":"Authority of Governor and agencies under his control in declared state of emergency","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-146.28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the case of a declaration of a state of emergency<\/span> as defined in \u00a7 44-146.16<\/a>, the Governor is authorized to expend from all funds of the state treasury not constitutionally restricted, a sum sufficient. Allotments from such sum sufficient may be made by the Governor to any state agency or political subdivision<\/span> of the Commonwealth to carry out disaster service missions and responsibilities. Allotments may also be made by the Governor from the sum sufficient to provide financial assistance to eligible applicants located in an area declared to be in a state of emergency<\/span>, but not declared to be a major disaster<\/span> area for which federal assistance might be forthcoming. This shall be considered as a program of last resort for those local jurisdictions<\/span> that cannot meet the full cost.\n\t\t\tThe Virginia Department of Emergency Management shall establish guidelines and procedures for determining whether and to what extent financial assistance to local governments may be provided.\n\t\t\tThe guidelines and procedures shall include the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Participants may be eligible to receive financial assistance to cover a percentage of eligible costs if they demonstrate that they are incapable of covering the full cost. The percentage may vary, based on the Commission on Local Government’s fiscal stress index. The cumulative effect of recent disasters<\/span> during the preceding twelve months may also be considered for eligibility purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Only eligible participants that have sustained an emergency or disaster as defined in § 44-146.16<\/a> with total eligible costs of $4 or more per capita may receive assistance, except that (i) any town with a total population of less than 3,500 shall be eligible for disaster assistance for incurred eligible damages<\/span> of $15,000 or greater and (ii) any town with a population of 3,500 or more, but less than 5,000 shall be eligible for disaster assistance for incurred eligible damages<\/span> of $20,000 or greater and (iii) any town with a population of 5,000 or greater with total eligible costs of $4 or more per capita may receive assistance. No site or facility may be included with less than $1,000 in eligible costs. However, the total cost of debris clearance may be considered as costs associated with a single site. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Eligible participants shall be fully covered by all-risk property and flood insurance policies, including provisions for insuring the contents of the property and business interruptions, or shall be self-insured, in order<\/span> to be eligible for this assistance. Insurance deductibles shall not be covered by this program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Eligible costs incurred by towns, public service authorities, volunteer fire departments, and volunteer emergency medical services agencies may be included in a county’s or city’s total costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Unless otherwise stated in guidelines and procedures, eligible costs are defined as those listed in the Public Assistance component of P.L. 93-288, as amended, excluding beach replenishment and snow removal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> State agencies, as directed by the Virginia Department of Emergency Management, shall conduct an on-site survey to validate damages<\/span> and to document restoration costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Eligible participants shall maintain complete documentation of all costs in a manner approved by the Auditor of Public Accounts and shall provide copies of the documentation to the Virginia Department of Emergency Management upon request.\n\t\t\t\tIf a jurisdiction<\/span> meets the criteria set forth in the guidelines and procedures, but is in an area that has neither been declared to be in a state of emergency<\/span> nor been declared to be a major disaster<\/span> area for which federal assistance might be forthcoming, the Governor is authorized, in his discretion, to make an allotment from the sum sufficient to that jurisdiction<\/span> without a declaration of a state of emergency<\/span>, in the same manner as if a state of emergency<\/span> declaration had been made.\n\t\t\t\tThe Governor shall report to the Chairmen of the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, and the House Committee on Finance within 30 days of authorizing the sum sufficient pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Public agencies under the supervision and control of the Governor may implement their emergency assignments without regard to normal procedures, except mandatory constitutional requirements, pertaining to the performance of public work, entering into contracts<\/span>, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials<\/span>, and expenditures of public funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Allotments may be made by the Governor from a sum sufficient to provide financial assistance to Virginia state agencies and political subdivisions<\/span> responding to a declared state of emergency<\/span> in another state as provided by § 44-146.17<\/a>, whether or not a state of emergency<\/span> is declared in the Commonwealth pursuant to § 44-146.16<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Allotments may be made by the Governor from a sum sufficient for the deployment of personnel and materials<\/span> for the Virginia National Guard and the Virginia Defense Force to prepare for a response to any of the circumstances set forth in subdivisions A 1 through 5 of § 44-75.1<\/a>, whether or not a state of emergency<\/span> is declared in the Commonwealth pursuant to § 44-146.16<\/a>. However, preparation authorized by this subsection shall be limited to the deployment of no more than 300 personnel and shall be limited to no more than five days, unless a state of emergency<\/span> is declared. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY OF GOVERNOR AND AGENCIES UNDER HIS CONTROL IN DECLARED STATE OF\nEMERGENCY (\u00a7 44-146.28)\n\nA. In the case of a declaration of a state of emergency as defined in \u00a7\n44-146.16, the Governor is authorized to expend from all funds of the state\ntreasury not constitutionally restricted, a sum sufficient. Allotments from such\nsum sufficient may be made by the Governor to any state agency or political\nsubdivision of the Commonwealth to carry out disaster service missions and\nresponsibilities. Allotments may also be made by the Governor from the sum\nsufficient to provide financial assistance to eligible applicants located in an\narea declared to be in a state of emergency, but not declared to be a major\ndisaster area for which federal assistance might be forthcoming. This shall be\nconsidered as a program of last resort for those local jurisdictions that cannot\nmeet the full cost.\n\t\t\tThe Virginia Department of Emergency Management shall establish guidelines\nand procedures for determining whether and to what extent financial assistance\nto local governments may be provided.\n\t\t\tThe guidelines and procedures shall include the following:\n\n 1. Participants may be eligible to receive financial assistance to cover a\n percentage of eligible costs if they demonstrate that they are incapable of\n covering the full cost. The percentage may vary, based on the Commission on\n Local Government’s fiscal stress index. The cumulative effect of recent\n disasters during the preceding twelve months may also be considered for\n eligibility purposes.\n\n 2. Only eligible participants that have sustained an emergency or disaster as\n defined in § 44-146.16 with total eligible costs of $4 or more per capita\n may receive assistance, except that (i) any town with a total population of\n less than 3,500 shall be eligible for disaster assistance for incurred\n eligible damages of $15,000 or greater and (ii) any town with a population of\n 3,500 or more, but less than 5,000 shall be eligible for disaster assistance\n for incurred eligible damages of $20,000 or greater and (iii) any town with a\n population of 5,000 or greater with total eligible costs of $4 or more per\n capita may receive assistance. No site or facility may be included with less\n than $1,000 in eligible costs. However, the total cost of debris clearance may\n be considered as costs associated with a single site.\n\n 3. Eligible participants shall be fully covered by all-risk property and flood\n insurance policies, including provisions for insuring the contents of the\n property and business interruptions, or shall be self-insured, in order to be\n eligible for this assistance. Insurance deductibles shall not be covered by\n this program.\n\n 4. Eligible costs incurred by towns, public service authorities, volunteer\n fire departments, and volunteer emergency medical services agencies may be\n included in a county’s or city’s total costs.\n\n 5. Unless otherwise stated in guidelines and procedures, eligible costs are\n defined as those listed in the Public Assistance component of P.L. 93-288, as\n amended, excluding beach replenishment and snow removal.\n\n 6. State agencies, as directed by the Virginia Department of Emergency\n Management, shall conduct an on-site survey to validate damages and to\n document restoration costs.\n\n 7. Eligible participants shall maintain complete documentation of all costs in\n a manner approved by the Auditor of Public Accounts and shall provide copies\n of the documentation to the Virginia Department of Emergency Management upon\n request.\n \t\t\t\tIf a jurisdiction meets the criteria set forth in the guidelines and\n procedures, but is in an area that has neither been declared to be in a state\n of emergency nor been declared to be a major disaster area for which federal\n assistance might be forthcoming, the Governor is authorized, in his\n discretion, to make an allotment from the sum sufficient to that jurisdiction\n without a declaration of a state of emergency, in the same manner as if a\n state of emergency declaration had been made.\n \t\t\t\tThe Governor shall report to the Chairmen of the Senate Committee on\n Finance and Appropriations, the House Committee on Appropriations, and the\n House Committee on Finance within 30 days of authorizing the sum sufficient\n pursuant to this section.\n\nB. Public agencies under the supervision and control of the Governor may\nimplement their emergency assignments without regard to normal procedures,\nexcept mandatory constitutional requirements, pertaining to the performance of\npublic work, entering into contracts, incurring of obligations, employment of\ntemporary workers, rental of equipment, purchase of supplies and materials, and\nexpenditures of public funds.\n\nC. Allotments may be made by the Governor from a sum sufficient to provide\nfinancial assistance to Virginia state agencies and political subdivisions\nresponding to a declared state of emergency in another state as provided by\n§ 44-146.17, whether or not a state of emergency is declared in the\nCommonwealth pursuant to § 44-146.16.\n\nD. Allotments may be made by the Governor from a sum sufficient for the\ndeployment of personnel and materials for the Virginia National Guard and the\nVirginia Defense Force to prepare for a response to any of the circumstances set\nforth in subdivisions A 1 through 5 of § 44-75.1, whether or not a state of\nemergency is declared in the Commonwealth pursuant to § 44-146.16. However,\npreparation authorized by this subsection shall be limited to the deployment of\nno more than 300 personnel and shall be limited to no more than five days,\nunless a state of emergency is declared.\n\nHISTORY: 1973, c. 260; 1974, c. 4; 1975, c. 11; 1997, c. 893; 2000, cc. 309,\n1023; 2007, cc. 729, 742; 2011, cc. 53, 69; 2015, cc. 502, 503; 2019, c. 615.","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}}