                                 CODE OF VIRGINIA

DEPARTMENT OF EMERGENCY MANAGEMENT; ADMINISTRATION AND OPERATIONAL CONTROL;
COORDINATOR AND OTHER PERSONNEL; POWERS AND DUTIES (§ 44-146.18)

A. The State Office of Emergency Services is continued and shall hereafter be
known as the Department of Emergency Management (the Department). Wherever the
words &#8220;State Department of Emergency Services&#8221; are used in any law
of the Commonwealth, they shall mean the Department of Emergency Management.
During a declared emergency this Department shall revert to the operational
control of the Governor. The Department shall have a coordinator who shall be
appointed by and serve at the pleasure of the Governor and also serve as State
Emergency Planning Director. The Department shall employ the professional,
technical, secretarial, and clerical employees necessary for the performance of
its functions.

B. The Department shall in the administration of emergency services and disaster
preparedness programs:

   1. In coordination with political subdivisions and state agencies, ensure that
   the Commonwealth has up-to-date assessments and preparedness plans to prevent,
   respond to, and recover from all disasters including acts of terrorism;

   2. Conduct a statewide emergency management assessment in cooperation with
   political subdivisions, private industry, and other public and private
   entities deemed vital to preparedness, public safety, and security. The
   assessment shall include a review of emergency response plans, which include
   the variety of hazards, natural and man-made. The assessment shall be updated
   annually;

   3. Promulgate plans and programs that are conducive to adequate disaster
   mitigation preparedness, response, and recovery programs;

   4. Prepare and maintain a State Emergency Operations Plan for disaster
   response and recovery operations that assigns primary and support
   responsibilities for basic emergency services functions to state agencies,
   organizations, and personnel as appropriate;

   5. Coordinate and administer disaster mitigation, preparedness, response, and
   recovery plans and programs with the proponent federal, state, and local
   government agencies and related groups;

   6. Provide guidance and assistance to state agencies and units of local
   government in developing and maintaining emergency management and continuity
   of operations (COOP) programs, plans, and systems;

   7. Make necessary recommendations to agencies of the federal, state, or local
   governments on preventive and preparedness measures designed to eliminate or
   reduce disasters and their impact;

   8. Determine requirements of the Commonwealth and its political subdivisions
   for those necessities needed in the event of a declared emergency which are
   not otherwise readily available;

   9. Assist state agencies and political subdivisions in establishing and
   operating training programs and programs of public information and education
   regarding emergency services and disaster preparedness activities;

   10. Consult with the Board of Education regarding the development and revision
   of a model school crisis and emergency management plan for the purpose of
   assisting public schools in establishing, operating, and maintaining emergency
   services and disaster preparedness activities;

   11. Consult with the State Council of Higher Education in the development and
   revision of a model institutional crisis and emergency management plan for the
   purpose of assisting public and private two-year and four-year institutions of
   higher education in establishing, operating, and maintaining emergency
   services and disaster preparedness activities and, as needed, in developing an
   institutional crisis and emergency management plan pursuant to &#xA7;
   23.1-804;

   12. Develop standards, provide guidance, and encourage the maintenance of
   local and state agency emergency operations plans, which shall include the
   requirement for a provision that the Department of Criminal Justice Services
   and the Virginia Criminal Injuries Compensation Fund be contacted immediately
   to deploy assistance in the event of an emergency as defined in the emergency
   response plan when there are victims as defined in &#xA7; 19.2-11.01. The
   Department of Criminal Justice Services and the Virginia Criminal Injuries
   Compensation Fund shall be the lead coordinating agencies for those
   individuals determined to be victims, and the plan shall also contain current
   contact information for both agencies;

   13. Prepare, maintain, coordinate, or implement emergency resource management
   plans and programs with federal, state, and local government agencies and
   related groups, and make such surveys of industries, resources, and facilities
   within the Commonwealth, both public and private, as are necessary to carry
   out the purposes of this chapter;

   14. Coordinate with the federal government and any public or private agency or
   entity in achieving any purpose of this chapter and in implementing programs
   for disaster prevention, mitigation, preparation, response, and recovery;

   15. Establish guidelines pursuant to &#xA7; 44-146.28, and administer payments
   to eligible applicants as authorized by the Governor;

   16. Coordinate and be responsible for the receipt, evaluation, and
   dissemination of emergency services intelligence pertaining to all probable
   hazards affecting the Commonwealth;

   17. Coordinate intelligence activities relating to terrorism with the
   Department of State Police;

   18. Develop an emergency response plan to address the needs of individuals
   with household pets and service animals in the event of a disaster and assist
   and coordinate with local agencies in developing an emergency response plan
   for household pets and service animals; and

   19. Establish and maintain an Emergency Management Equity Working Group (the
   Working Group) to ensure that emergency management programs and plans provide
   support to at-risk individuals and populations disproportionately impacted by
   disasters. The Working Group shall include experts from (i) the
   Governor&#8217;s Office of Diversity, Equity, and Inclusion and other state
   agencies; (ii) the public at large; and (iii) the private sector who have
   expertise related to at-risk and vulnerable populations and the threats faced
   by such populations during a disaster.
   				The Department of Emergency Management shall ensure that all such plans,
   assessments, and programs required by this subsection include specific
   preparedness for, and response to, disasters resulting from electromagnetic
   pulses and geomagnetic disturbances.

C. The Department of Emergency Management shall during a period of impending
emergency or declared emergency be responsible for:

   1. The receipt, evaluation, and dissemination of intelligence pertaining to an
   impending or actual disaster;

   2. Providing facilities from which state agencies and supporting organizations
   may conduct emergency operations;

   3. Providing an adequate communications and warning system capable of
   notifying all political subdivisions in the Commonwealth of an impending
   disaster within a reasonable time;

   4. Establishing and maintaining liaison with affected political subdivisions;

   5. Determining requirements for disaster relief and recovery assistance;

   6. Coordinating disaster response actions of federal, state and volunteer
   relief agencies; and

   7. Coordinating and providing guidance and assistance to affected political
   subdivisions to ensure orderly and timely response to and recovery from
   disaster effects.

D. The Department of Emergency Management shall be provided the necessary
facilities and equipment needed to perform its normal day-to-day activities and
coordinate disaster-related activities of the various federal, state, and other
agencies during a state of emergency declaration by the Governor or following a
major disaster declaration by the President.

E. The Department of Emergency Management is authorized to enter into all
contracts and agreements necessary or incidental to performance of any of its
duties stated in this section or otherwise assigned to it by law, including
contracts with the United States, other states, agencies and government
subdivisions of the Commonwealth, and other appropriate public and private
entities.

F. The Department of Emergency Management shall encourage private industries
whose goods and services are deemed vital to the public good to provide annually
updated preparedness assessments to the local coordinator of emergency
management on or before April 1 of each year, to facilitate overall Commonwealth
preparedness. For the purposes of this section, &#8220;private industry&#8221;
means companies, private hospitals, and other businesses or organizations deemed
by the State Coordinator of Emergency Management to be essential to the public
safety and well-being of the citizens of the Commonwealth.

G. The Department of Emergency Management shall establish a Coordinator of
Search and Rescue. Powers and duties of the Coordinator shall include:

   1. Coordinating the search and rescue function of the Department of Emergency
   Management;

   2. Coordinating with local, state, and federal agencies involved in search and
   rescue;

   3. Coordinating the activities of search and rescue organizations involved in
   search and rescue;

   4. Maintaining a register of search and rescue certifications, training, and
   responses;

   5. Establishing a memorandum of understanding with the Virginia Search and
   Rescue Council and its respective member agencies regarding search and rescue
   efforts;

   6. Providing on-scene search and rescue coordination when requested by an
   authorized person;

   7. Providing specialized search and rescue training to police, fire-rescue,
   EMS, emergency managers, volunteer search and rescue responders, and others
   who might have a duty to respond to a search and rescue emergency;

   8. Gathering and maintaining statistics on search and rescue in the
   Commonwealth;

   9. Compiling, maintaining, and making available an inventory of search and
   rescue resources available in the Commonwealth; and

   10. Periodically reviewing search and rescue cases and developing best
   professional practices.
   				Nothing in this chapter shall be construed as authorizing the Department
   of Emergency Management to take direct operational responsibilities from
   local, state, or federal law enforcement in the course of search and rescue or
   missing person cases.

HISTORY: 1973, c. 260; 1974, c. 4; 1975, c. 11; 1979, c. 193; 1984, c. 720;
1985, cc. 443, 447; 1997, c. 893; 2000, c. 309; 2001, c. 841; 2003, c. 622;
2004, c. 690; 2005, cc. 165, 490; 2007, c. 902; 2008, cc. 450, 526; 2009, cc.
222, 269; 2012, c. 418; 2015, cc. 97, 205, 223; 2017, c. 778; 2019, c. 615;
2021, Sp. Sess. I, c. 455.