<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>78828</law_id><section_number>44-146.17</section_number><catch_line>Powers and duties of Governor</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>2.2-3708.2</reference><reference>2.2-4343</reference><reference>22.1-98</reference><reference>3.2-505</reference><reference>32.1-37.01</reference><reference>32.1-48.017</reference><reference>40.1-28.7:7</reference><reference>44-146.17:1</reference><reference>44-146.17:1.1</reference><reference>44-146.28</reference><reference>54.1-1142.1</reference><reference>55.1-1229</reference><reference>58.1-112</reference><reference>58.1-3235</reference><reference>60.2-212</reference><reference>65.2-301.2</reference><reference>8.01-225.03</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="44">Military and Emergency Laws</unit><unit label="chapter" level="2" order_by="1" identifier="3.2">Emergency Services and Disaster Law</unit></structure><text>
						<section id="A"><p><span class="prefix-number">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 <span class="dictionary">emergency services</span> activities relating to the safety and welfare of the Commonwealth in time of <span class="dictionary">disasters</span>.
			The Governor shall have, in addition to his powers hereinafter or elsewhere prescribed by <span class="dictionary">law</span>, the following powers and duties: <a id="paragraph-282364" class="section-permalink" href="https://vacode.org/44-146.17/#A"><i class="fa fa-link"/></a></p></section>
						<section id="A1" class="indent-1"><p><span class="prefix-number">1.</span> To proclaim and publish such rules and regulations and to <span class="dictionary">issue</span> such <span class="dictionary">orders</span> as may, in his <span class="dictionary">judgment</span>, be necessary to accomplish the purposes of this chapter including, but not limited to such measures as are in his <span class="dictionary">judgment</span> required to control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, <span class="dictionary">materials</span>, goods, services and resources under any state or federal <span class="dictionary">emergency services</span> programs.
				He may adopt and implement the Commonwealth of Virginia Emergency Operations Plan, which provides for state-level emergency operations in response to any type of <span class="dictionary">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.
				He may direct and compel evacuation of all or part of the populace from any stricken or threatened area if this action is deemed necessary for the preservation of life, implement emergency mitigation, preparedness, response or recovery actions; 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.
				Executive <span class="dictionary">orders</span>, to include those declaring a <span class="dictionary">state of emergency</span> and directing evacuation, shall have the force and effect of <span class="dictionary">law</span> and the violation thereof shall be punishable as a Class 1 <span class="dictionary">misdemeanor</span> in every case where the executive <span class="dictionary">order</span> declares that its violation shall have such force and effect.
				Such executive <span class="dictionary">orders</span> declaring a <span class="dictionary">state of emergency</span> may address exceptional circumstances that exist relating to an <span class="dictionary">order</span> of quarantine or an <span class="dictionary">order</span> of isolation concerning a <span class="dictionary">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 (&#xA7; <a class="law" title="Application of article; determination of exceptional circumstances; regulations; duties of the State Health Commissioner not be delegated" href="/32.1-48.05/">32.1-48.05</a> et seq.) of Chapter 2 of Title 32.1.
				No rule, regulation, or <span class="dictionary">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 <span class="dictionary">order</span> within the 45 days during which the rule, regulation, or <span class="dictionary">order</span> is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or <span class="dictionary">order</span> relating to the same emergency; <a id="paragraph-282365" class="section-permalink" href="https://vacode.org/44-146.17/#A1"><i class="fa fa-link"/></a></p></section>
						<section id="A2" class="indent-1"><p><span class="prefix-number">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; <a id="paragraph-282366" class="section-permalink" href="https://vacode.org/44-146.17/#A2"><i class="fa fa-link"/></a></p></section>
						<section id="A3" class="indent-1"><p><span class="prefix-number">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 <span class="dictionary">disaster</span>, to insure the furnishing of adequately trained and equipped forces in time of need; <a id="paragraph-282367" class="section-permalink" href="https://vacode.org/44-146.17/#A3"><i class="fa fa-link"/></a></p></section>
						<section id="A4" class="indent-1"><p><span class="prefix-number">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; <a id="paragraph-282368" class="section-permalink" href="https://vacode.org/44-146.17/#A4"><i class="fa fa-link"/></a></p></section>
						<section id="A5" class="indent-1"><p><span class="prefix-number">5.</span> On behalf of the Commonwealth to enter into mutual aid arrangements with other states and to coordinate mutual aid plans between <span class="dictionary">political subdivisions</span> of the Commonwealth. After a <span class="dictionary">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 <span class="dictionary">materials</span> of the Commonwealth, or of a <span class="dictionary">political subdivision</span>, with the consent of the chief executive officer or governing body of the <span class="dictionary">political subdivision</span>; <a id="paragraph-282369" class="section-permalink" href="https://vacode.org/44-146.17/#A5"><i class="fa fa-link"/></a></p></section>
						<section id="A6" class="indent-1"><p><span class="prefix-number">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; <a id="paragraph-282370" class="section-permalink" href="https://vacode.org/44-146.17/#A6"><i class="fa fa-link"/></a></p></section>
						<section id="A7" class="indent-1"><p><span class="prefix-number">7.</span> Whenever, in the <span class="dictionary">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 <span class="dictionary">disaster</span>, to declare a <span class="dictionary">state of emergency</span> to exist; <a id="paragraph-282371" class="section-permalink" href="https://vacode.org/44-146.17/#A7"><i class="fa fa-link"/></a></p></section>
						<section id="A8" class="indent-1"><p><span class="prefix-number">8.</span> To request a <span class="dictionary">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; <a id="paragraph-282372" class="section-permalink" href="https://vacode.org/44-146.17/#A8"><i class="fa fa-link"/></a></p></section>
						<section id="A9" class="indent-1"><p><span class="prefix-number">9.</span> To provide incident command system guidelines for state agencies and <span class="dictionary">local emergency</span> response organizations; <a id="paragraph-282373" class="section-permalink" href="https://vacode.org/44-146.17/#A9"><i class="fa fa-link"/></a></p></section>
						<section id="A10" class="indent-1"><p><span class="prefix-number">10.</span> Whenever, in the <span class="dictionary">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 <span class="dictionary">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 <a id="paragraph-282374" class="section-permalink" href="https://vacode.org/44-146.17/#A10"><i class="fa fa-link"/></a></p></section>
						<section id="A11" class="indent-1"><p><span class="prefix-number">11.</span> During a disaster caused by a <span class="dictionary">communicable disease of public health threat</span> for which a <span class="dictionary">state of emergency</span> has been declared pursuant to subdivision (7), to establish a program through which the Governor may purchase <span class="dictionary">PPE</span> for private, nongovernmental entities and distribute the <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">contract</span> for payment for purchase from the private nongovernmental entities for the full cost of procuring and distributing the <span class="dictionary">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 (&#xA7; <a class="law" title="Short title; purpose; declaration of intent" href="/2.2-4300/">2.2-4300</a> et seq.), except the Governor shall be encouraged to comply with the provisions of &#xA7; <a class="law" title="Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations" href="/2.2-4310/">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 <span class="dictionary">contract</span>. Prior to implementing such a program, the Department of Emergency Management shall consult with and survey private, nongovernmental entities in <span class="dictionary">order</span> to assess demand for participation in the program as well as the quantity and types of <span class="dictionary">personal protective equipment</span> such entities would like to procure.
				As used in this subdivision, &#x201C;<span class="dictionary">personal protective equipment</span>&#x201D; or &#x201C;<span class="dictionary">PPE</span>&#x201D; 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 <span class="dictionary">communicable disease of public health threat</span>. <a id="paragraph-282375" class="section-permalink" href="https://vacode.org/44-146.17/#A11"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> No rule, regulation, or <span class="dictionary">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. <a id="paragraph-282376" class="section-permalink" href="https://vacode.org/44-146.17/#B"><i class="fa fa-link"/></a></p></section></text><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.</history><metadata></metadata></law>
