dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-123. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-123.1. Armory defined.
As used in this chapter, unless otherwise provided, the meaning of "armory" shall include training or logistical support facilities, such as, but not limited to, maintenance facilities, training areas, facilities at the State Military Reservation, Virginia Beach, Virginia, and the Fort Pickett Maneuver Training Center.

1976, c. 266; 2000, c. 296.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-123.2. Fort Pickett Reservation created; venue.
A. All those lands and improvements thereon constituting the special maritime and territorial jurisdiction of the United States formerly known as Fort Pickett, Virginia, shall specifically include but not be limited to those lands licensed by the Department of the Army to the Virginia Army National Guard on October 1, 1997, approximating 41,000 acres known as the Fort Pickett Maneuver Training Center, as well as those lands designated for transfer to the Nottoway County Local Reuse Authority by the United States Base Realignment and Closure Commission of 1996 approximating 4,100 acres, are hereby designated as the Fort Pickett Reservation.

B. Venue for all civil, criminal and traffic matters occurring on the Fort Pickett Reservation shall lie in Nottoway County.

2000, c. 296.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-123.3. Fort Pickett Police; powers; duties; functions.
There is hereby established within the Department of Military Affairs the Fort Pickett Police Department. The Fort Pickett Police may exercise within the limits of the Fort Pickett Reservation and, when assigned to any other property owned or controlled by the Commonwealth or any agency, department, institution or commission thereof, all the powers, duties and functions that are exercised by the police of the city, or the police or sheriff of the county within which said property is located. The jurisdiction of the Fort Pickett Police shall further extend 300 feet beyond the boundary of any property they are required to protect, such jurisdiction to be concurrent with that of other law-enforcement officers of the locality in which such property is located. The Fort Pickett Police shall refer any complaint which alleges a felony violation to the Virginia State Police or the sheriff of the appropriate jurisdiction who, in cooperation with the Fort Pickett Police, shall conduct an investigation if an investigation is warranted. All members of the Fort Pickett Police shall be subject to the provisions of § 2.2-1202.1 and Chapter 5 (§ 9.1-500 et seq.) of Title 9.1. The Fort Pickett Police Department shall be under the supervision of the Adjutant General, or his designee. The pay structure for the officers and supervisors of the Fort Pickett Police Department shall be the same as that set by the Compensation Board for sheriffs' offices.

2000, c. 296; 2012, cc. 803, 835.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-124. Repealed.
Repealed by Acts 1976, c. 266.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-124.1. Power of Adjutant General to acquire and maintain property.
The Adjutant General may acquire for and in the name of the Commonwealth, by gift, grant, appropriation, purchase such real or personal property as is necessary for the maintenance of, the training and administration of, the logistical support of, and the safeguarding of property in the care, custody or control of the Department of Military Affairs when such real or personal property is reasonably necessary to carry out and perform the duties required by this chapter and the duties of the office of the Adjutant General. The Adjutant General may make such acquisitions in cooperation with counties, cities, or incorporated towns, private corporations, voluntary incorporated or unincorporated associations or individuals, the United States or other states or commonwealths of the United States. The Adjutant General may provide for the day-to-day operation and maintenance of said facilities to include but not limited to heat, water, light, telephone service, sewer and other costs of operation, including insurance, and may in a like manner make additions, alterations and improvements to said facilities.

1976, c. 266.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-125. Repealed.
Repealed by Acts 1976, c. 266.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-129. Joint use of public buildings for armories.
The governing body of any county, city or incorporated town, wherein a unit or units of the Virginia National Guard have been, or may hereafter be established, may either severally, or acting jointly with each other, or with the Adjutant General, construct or acquire by purchase, contract, lease, gift, donation or condemnation, grounds and/or buildings which shall be suitable for public assemblages, conventions, exhibitions and entertainments; provided, that such buildings, or the plans and specifications therefor, are first approved by the Adjutant General as suitable for use as armories by such National Guard units; provided further, that such governing bodies or either of them, shall have contracted with the Adjutant General for the use of such buildings as an armory by such National Guard unit or units upon terms not inconsistent with this chapter.

1932, p. 759; Michie Code 1942, § 2673(112); R. P. 1948, § 44-129; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-130. Public grounds for armory building purposes.
Any municipality or county owning lands on which no permanent building has been actually constructed whether such lands constitute part of a park or site for some public structure, is authorized to convey the same to the Commonwealth for use as a site for an armory for the Virginia National Guard; provided, that such conveyance will not prevent the reasonable use of any such structure for the purpose for which it was constructed.

1932, p. 760; Michie Code 1942, § 2673(113); R. P. 1948, § 44-130.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-131. Military property exempt from taxation.
All property actually used for armory and military training purposes, as hereinabove defined, shall be exempt from all taxation, impost or assessment.

1932, p. 760; Michie Code 1942, § 2673(114); R. P. 1948, § 44-131.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-132. Power of condemnation.
The power of condemnation herein granted to the Adjutant General and to counties, cities and incorporated towns, shall be exercised in the manner prescribed in the Code of Virginia.

1932, p. 760; Michie Code 1942, § 2673(115); R. P. 1948, § 44-132.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-133. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-134. Management and care of armories and training areas.
The Adjutant General shall be responsible for the general management and care of armories and drill and training areas, and shall have the power to adopt and prescribe such rules and regulations for the management and government and for the guidance of the organizations occupying them as may be necessary and desirable; but such rules are not to conflict with the provisions of this chapter.

1932, p. 760; Michie Code 1942, § 2673(117); R. P. 1948, § 44-134.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-134.1. Repealed.
Repealed by Acts 1981, c. 219.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-135. Repealed.
Repealed by Acts 1976, c. 266.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-135.1. Armory control board for each armory; temporary renting.
Each armory erected or provided by the Commonwealth under the provisions of this chapter, excepting those armories or logistical support facilities provided for by license agreement with the United States, shall have an armory control board appointed by the Adjutant General to consist of one or more officers of the organization or organizations quartered therein, and any other persons deemed necessary by the Adjutant General. Such board of control may rent the armory and any temporary quarters or billeting facilities thereon for temporary purposes, subject to any regulations or conditions that may be prescribed by the Adjutant General or such board of control. The money derived from the rental shall be placed in a special revenue interest-earning fund, and properly accounted for. Any nonappropriated funds and interest earned from such funds shall be used to defray the cost of operating, improving, and maintaining such armory and its facilities. Any money remaining in the fund at the end of the fiscal year shall not revert to the general fund but shall remain in the fund.

1976, c. 266; 1996, cc. 137, 802.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-136. Sale or lease of armories.
When the Adjutant General shall receive information from the Governor of the disbandment of an organization of the National Guard occupying or using an armory provided by the Commonwealth under the direction of the Adjutant General, he shall determine whether such armory shall be sold or not, and if it is determined that such armory be sold after due publication as prescribed by the laws of the Commonwealth for the sale of real estate under a deed of trust, it shall be sold at public auction for the highest price to be paid for same, and upon such terms and conditions as may seem best to the Adjutant General. The proceeds of such sale shall be divided between the Commonwealth, county, city or individual, as their interest may appear.

In case an armory becomes vacant by any reason mentioned in this section, the Adjutant General may lease such armory for a period not to exceed one year, or, when duly authorized by the Governor, may lease the same for a period of years, the proceeds due the Commonwealth therefrom in either case to be turned into the state treasury to be credited to the Armory Fund. Should there be other owner or owners than the Commonwealth then the balance of the proceeds shall be equitably turned over to them as their interest may appear. During the time that the troops quartered in an armory are absent from their home station, in federal service, the armory may be leased as above provided, but not sold.

1932, p. 761; Michie Code 1942, § 2673(118); R. P. 1948, § 44-136; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-137. City and county aid.
Every city and county in the Commonwealth having an active National Guard or Virginia Defense Force organization or organizations is authorized to render such financial assistance as it may deem wise and patriotic to such organization or organizations, either by donating land or buildings, or donating the use of land or buildings, or by contributing to their equipment and maintenance.

1932, p. 761; Michie Code 1942, § 2673(119); R. P. 1948, § 44-137; 1976, c. 266; 2014, cc. 30, 547; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-138. Maintenance funds.
In order that there shall be provided maintenance funds for armories and other buildings erected, and areas provided for drill and training and other military purposes under the provisions of this chapter, the Adjutant General is authorized to draw a voucher for such funds, to be paid from any appropriation provided.

1932, p. 761; Michie Code 1942, § 2673(120); R. P. 1948, § 44-138.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-139. Reversions of donations.
In the event that any real property is donated, deeded, or otherwise conveyed for a nominal sum to the Commonwealth, Department of Military Affairs, Virginia National Guard, Virginia Army or Air National Guard, Virginia Defense Force, or a subordinate element of any such entity under the provisions of this chapter for the purpose of supporting Virginia National Guard or Virginia Defense Force operations, and the organization shall fail to accept such property, or shall, after accepting it, upon determination by the Adjutant General, no longer require the property to support the organization's mission, the title to the property thus donated, deeded, or otherwise conveyed may, at the discretion of the Adjutant General, revert to the person, county, or municipality donating such property as their interest may appear. If the Adjutant General chooses not to allow the reversion or if the person, county, or municipality declines to reacquire such property, it shall be declared excess.

1932, p. 761; Michie Code 1942, § 2673(121); R. P. 1948, § 44-139; 2015, c. 221; 2018, c. 647.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 2 (Armories, Buildings and Grounds)
§ 44-140. Liberal construction.
This chapter shall be liberally construed in favor of its purposes.

1932, p. 762; Michie Code 1942, § 2673(123); R. P. 1948, § 44-140.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3 (CIVIL DEFENSE [Repealed])
§ 44-141. Repealed.
Repealed by Acts 1973, c. 260.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.1 (POST-ATTACK RESOURCE MANAGEMENT ACT [Repealed])
§ 44-146.2. Repealed.
Repealed by Acts 1975, c. 11.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.13. Short title.
This chapter may be cited as the "Commonwealth of Virginia Emergency Services and Disaster Law of 2000."

1973, c. 260; 2000, c. 309.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.14. Findings of General Assembly.
(a) Because of the ever present possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, resource shortage, or from fire, flood, earthquake, or other natural causes, and in order to insure that preparations of the Commonwealth and its political subdivisions will be adequate to deal with such emergencies, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property and economic well-being of the people of the Commonwealth, it is hereby found and declared to be necessary and to be the purpose of this chapter:

(1) To create a State Department of Emergency Management, and to authorize the creation of local organizations for emergency management in the political subdivisions of the Commonwealth;

(2) To confer upon the Governor and upon the executive heads or governing bodies of the political subdivisions of the Commonwealth emergency powers provided herein; and

(3) To provide for rendering of mutual aid among the political subdivisions of the Commonwealth and with other states and to cooperate with the federal government with respect to the carrying out of emergency service functions.

(b) It is further declared to be the purpose of this chapter and the policy of the Commonwealth that all emergency service functions of the Commonwealth be coordinated to the maximum extent possible with the comparable functions of the federal government, other states, and private agencies of every type, and that the Governor shall be empowered to provide for enforcement by the Commonwealth of national emergency services programs, to the end that the most effective preparation and use may be made of the nation's resources and facilities for dealing with any disaster that may occur.

1973, c. 260; 1974, c. 4; 1975, c. 11; 2000, c. 309.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.15. Construction of chapter.
Nothing in this chapter is to be construed to:

(1) Limit, modify, or abridge the authority of the Governor to exercise any powers vested in him under other laws of this Commonwealth independent of, or in conjunction with, any provisions of this chapter;

(2) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with actual or pending disaster;

(3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit or prohibit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the otherwise lawful possession, carrying, transportation, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;

(4) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States or any personnel thereof, when on active duty; but state, local and interjurisdictional agencies for emergency services shall place reliance upon such forces in the event of declared disasters; or

(5) Interfere with the course of conduct of a labor dispute except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.

1973, c. 260; 2000, c. 309; 2006, c. 458; 2012, cc. 42, 158.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.17:1. Transmittal to General Assembly of rules, regulations, and orders.
The Governor shall cause copies of any order, rule, or regulation proclaimed and published by him pursuant to § 44-146.17 to be transmitted forthwith to each member of the General Assembly.

1981, c. 160.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.17:1.1. Certain emergency orders; additional requirements.
In any case in which an order declaring a state of emergency relating to a communicable disease of public health threat, or successive related orders, issued by the Governor pursuant to subdivision (1) of § 44-146.17 includes any measure that closes schools or businesses or restricts the movement of healthy persons within the area to which the order applies for more than seven days, all of the rights, protections, and procedures of Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1 shall apply.

2022, c. 785.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.17:2. Annual statewide drill.
The Governor shall conduct an annual statewide drill on response to a large-scale disaster, including electrical power outages. Such drill shall include the participation of local governments, affected state agencies, public utilities, law-enforcement agencies, and other entities as determined by the Governor.

2004, c. 430; 2019, c. 615.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.18:2. Authority of Coordinator of Emergency Management in undeclared emergency.
In an emergency which does not warrant a gubernatorial declaration of a state of emergency, the Coordinator of Emergency Management, after consultation with and approval of the Secretary of Public Safety and Homeland Security, may enter into contracts and incur obligations necessary to prevent or alleviate damage, loss, hardship, or suffering caused by such emergency and to protect the health and safety of persons and property. In exercising the powers vested by this section, the Coordinator may proceed without regard to normal procedures pertaining to entering into contracts, incurring of obligations, rental of equipment, purchase of supplies and materials, and expenditure of public funds; however, mandatory constitutional requirements shall not be disregarded.

1985, c. 443; 1990, cc. 1, 317; 2000, c. 309; 2014, cc. 115, 490.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.18:3. First informer broadcasters; coordination with Department of Emergency Management.
A. For purposes of this section, unless the context requires otherwise, "first informer" means the critical radio or television personnel of a radio or television broadcast station engaged in (i) the process of broadcasting; (ii) the maintenance or repair of broadcast station equipment, transmitters, and generators; or (iii) the transportation of fuel for generators of broadcast stations.

B. Unless it is shown to endanger public safety or inhibit recovery efforts, or is otherwise prohibited by state or federal law, state and local government agencies shall permit first informer radio or television personnel with proper identification cards to access their broadcasting station within any area declared a state emergency area by the Governor for the purpose of provision of news, public service and public safety information and repairing or resupplying their facility or equipment.

First informer identification cards shall be issued by the Virginia Association of Broadcasters. A list of those first informers who have been issued identification cards shall be furnished to the Virginia Department of Emergency Management and the Secretary of Veterans and Defense Affairs by the Virginia Association of Broadcasters prior to December 30 of each year.

C. Nothing in this section shall be construed to limit or impair the right or ability of any news organization or its personnel to gather and report the news.

2014, c. 561.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.18:5. Division of Public Safety Communications established; appointment of Virginia Public Safety Communications Coordinator; duties of Division.
A. There is established within the Department of Emergency Management a Division of Public Safety Communications (the Division), which shall be headed by a Virginia Public Safety Communications Coordinator, appointed by the State Coordinator with the advice and consent of the 9-1-1 Services Board. The Division shall consist of such personnel as the State Coordinator deems necessary. The operating expenses, administrative costs, and salaries of the employees of the Division shall be paid from the Wireless E-911 Fund created pursuant to § 56-484.17.

B. The Division shall provide staff support to the 9-1-1 Services Board and encourage, promote, and assist in the development and deployment of statewide enhanced emergency telecommunications systems.

2020, c. 423.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.18:7. GIS Fund created.
There is hereby created in the state treasury a special nonreverting fund to be known as the GIS Fund, hereafter referred to as the Fund. The Fund shall be established on the books of the Comptroller. All moneys collected pursuant to subsection C of § 44-146.18:6 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in this article. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the State Coordinator of Emergency Management.

2020, c. 423.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.18:8. Additional powers and duties of the State Coordinator of Emergency Management.
The State Coordinator of Emergency Management shall, on the recommendation of the Division Coordinator, (i) receive and disburse funds; (ii) enter into contracts for the purpose of carrying out the provisions of this article; and (iii) rent office space and procure equipment, goods, and services that are necessary to carry out the provisions of § 44-146.18:6.

2020, c. 423.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.18:9. Nonstock corporation to assist in the development of GIS data.
The Department of Emergency Management is hereby authorized to establish a nonstock corporation under Chapter 10 (§ 13.1-801 et seq.) of Title 13.1 as an instrumentality to assist the Department of Emergency Management and the Division in the development and acquisition of geographic data and statewide base map data. On or before December 1 of each year, the Department of Emergency Management shall report on the activities of the nonstock corporation to the Governor and the General Assembly.

2020, c. 423.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.20. Joint action by political subdivisions.
If two or more political subdivisions find that disaster operation plans and programs would be better served by interjurisdictional arrangements in planning for, preventing, or responding to disaster in that area, then direct steps may be taken as necessary, including creation of an interjurisdictional relationship, a joint emergency operations plan, mutual aid, or such other activities as necessary for planning and services. Any political subdivision may provide or receive assistance in the event of a disaster or emergency, pursuant to this chapter, under the provisions of any local mutual aid agreement or by the Statewide Mutual Aid program if agreed to by resolution of the governing body. The action of the governing body may include terms and conditions deemed necessary by the governing body for participation in the program. The governing body may withdraw from participation in the Statewide Mutual Aid program by adoption of a resolution or ordinance upon a finding that participation is no longer in the public interest. The locality shall immediately notify the State Coordinator of Emergency Services of the adoption of a participation or withdrawal resolution.

1973, c. 260; 2000, cc. 309, 437.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.22. Development of measures to prevent or reduce harmful consequences of disasters; disclosure of information.
A. In addition to disaster prevention measures included in state, local and interjurisdictional emergency operations plans, the Governor shall consider, on a continuing basis, hazard mitigation or other measures that could be taken to prevent or reduce the harmful consequences of disasters. At his direction, and pursuant to any other authority, state agencies, including, but not limited to, those charged with responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, critical infrastructure protection, land use and land-use planning, and construction standards, shall make studies of disaster prevention. The Governor, from time to time, shall make recommendations to the General Assembly, local governments, and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.

B. The Governor or agencies acting on his behalf may receive information, voluntarily submitted from both public and nonpublic entities, related to the protection of the nation's critical infrastructure sectors and components that are located in Virginia or affect the health, safety, and welfare of the citizens of Virginia. Information submitted by any public or nonpublic entity in accordance with the procedures set forth in subdivision 14 of § 2.2-3705.2 shall not be disclosed unless:

1. It is requested by law-enforcement authorities in furtherance of an official investigation or the prosecution of a criminal act;

2. The agency holding the record is served with a proper judicial order; or

3. The agency holding the record has obtained the written consent to release the information from the entity voluntarily submitting it.

1973, c. 260; 1974, c. 4; 1975, c. 11; 2000, c. 309; 2003, c. 848; 2004, c. 690; 2017, c. 778.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.24. Cooperation of public agencies.
In carrying out the provisions of the chapter, the Governor, the heads of state agencies, the local directors and governing bodies of the political subdivisions of the Commonwealth are directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the Commonwealth and the political subdivisions thereof to the maximum extent practicable consistent with state and local emergency operation plans. The officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the Governor and to the State Department of Emergency Management upon request.

1973, c. 260; 1974, c. 4; 1975, c. 11; 2000, c. 309.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.25. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.26. Duties of emergency management organizations.
It shall be the duty of every organization for emergency management established pursuant to this chapter and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Governor under authority of this chapter. Each organization shall have available for inspection at its office all such orders, rules and regulations.

1973, c. 260; 2000, c. 309.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.27. Supplementing federal funds; assistance of federal agencies; acceptance of gifts and services; appropriations by local governing bodies.
A. If the federal government allots funds for the payment of a portion of any disaster programs, projects, equipment, supplies or materials or other related costs, the remaining portion may be paid with a combination of state and local funds available for this purpose and consistent with state emergency management plans and program priorities.

B. Whenever the federal government or any agency or officer thereof offers to the Commonwealth, or through the Commonwealth to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan for purposes of emergency services, the Commonwealth, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its local director or governing body, may accept such offer and agree to the terms of the offer and the rules and regulations, if any, of the agency making the offer, including, but not limited to, requirements to hold and save the United States free from damages and to indemnify the federal government against any claims arising from the services, equipment, supplies, materials, or funds provided. Upon such acceptance, the Governor or local director or governing body of such political subdivision may authorize any officer of the Commonwealth or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the Commonwealth or such political subdivision, in accordance with the terms of the agreement, and subject to the rules and regulations, if any, of the agency making the offer.

C. Whenever any person, firm or corporation offers to the Commonwealth or to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of emergency management, the Commonwealth, acting through the Governor, or such political subdivision, acting through its local director or governing body, may accept such offer and upon such acceptance the Governor or local director or governing body of such political subdivision may authorize any officer of the Commonwealth or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the Commonwealth or such political subdivision, and subject to the terms of the offer.

D. The governing bodies of the counties, cities and towns are hereby authorized to appropriate funds for expenditure by any local or regional organization for emergency management established pursuant to this chapter and for local or regional disaster service activities.

1973, c. 260; 1999, cc. 6, 7; 2000, c. 309.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.29. Expired.
Expired.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.29:1. Expired.
Expired.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.29:3. Emergency Shelters Upgrade Assistance Grant Fund.
There is hereby created in the state treasury a special nonreverting fund to be known as the Emergency Shelters Upgrade Assistance Grant Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of providing matching funds to localities or entities previously outlined in a local shelter plan to install, maintain, or repair infrastructure for backup energy generation for emergency shelters, including solar energy generators, and improve the hazard-specific structural integrity of shelter facilities owned by the locality or identified in the shelter plan of the locality. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of Emergency Management or, if designated, the State Coordinator of Emergency Management.

2020, c. 819; 2022, c. 337.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.2 (EMERGENCY SERVICES AND DISASTER LAW)
§ 44-146.29:4. Disconnection suspension for certain utilities.
In the case of any state of emergency declared by the Governor in response to a communicable disease of public health threat, each utility that is engaged in the business of furnishing electricity, gas, water, or wastewater service and subject to the regulation of the State Corporation Commission or owned or operated by a municipality shall be suspended from disconnecting service to residential customers for nonpayment of bills or fees for 30 days upon the declaration of such emergency.

2024, cc. 790, 824.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.3 (TRANSPORTATION OF HAZARDOUS RADIOACTIVE MATERIALS)
§ 44-146.30. Department of Emergency Management to monitor transportation of hazardous radioactive materials.
The Coordinator of the Department of Emergency Management, pursuant to regulations promulgated by the Virginia Waste Management Board, will maintain a register of shippers of hazardous radioactive materials and monitor the transportation within the Commonwealth of those hazardous radioactive materials, as defined by the Virginia Waste Management Board, which may constitute a significant potential danger to the citizens of the Commonwealth in the event of accidental spillage or release. The regulations promulgated by the Board shall not be in conflict with federal statutes, rules, or regulations. Other agencies and commissions of the Commonwealth shall cooperate with the Virginia Waste Management Board in the formulation of regulations as herein provided.

1979, c. 434; 1984, c. 745; 1988, c. 30; 2000, c. 309.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.4 (FUNDING FOR STATE AND LOCAL GOVERNMENT RADIOLOGICAL EMERGENCY PREPAREDNESS)
§ 44-146.31. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Department" means the Department of Emergency Management.

"Nuclear power station" means a facility producing electricity through the utilization of nuclear energy for sale to the public which is required to be licensed by the Nuclear Regulatory Commission and includes all units of the facility at a single site.

"Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing.

1982, c. 222; 2000, c. 309.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.4 (FUNDING FOR STATE AND LOCAL GOVERNMENT RADIOLOGICAL EMERGENCY PREPAREDNESS)
§ 44-146.32. One-time and annual fees.
A. For each nuclear power station in commercial operation on July 1, 1982, the person owning the station shall pay to the Department, within ninety days of such date, a one-time fee of $55,000.

B. For each nuclear power station commencing commercial operation after July 1, 1982, the person owning the station shall pay to the Department a one-time fee of $55,000 not less than one year prior to the scheduled commencement of operation.

C. For each nuclear power station that on July 1 of each year is validly licensed to operate by the Nuclear Regulatory Commission, the person owning the station shall pay to the Department not later than August 1 of that year an annual fee in an amount based upon the projected annual cost of administering the state and local governments' radiological emergency preparedness programs for the station.

D. The Department shall send timely invoices for such fees to the persons responsible for their payment. However, failure of the Department to send the invoices in a timely manner shall not relieve the responsible persons of their obligation to pay such fees.

1982, c. 222; 1984, c. 322; 1988, c. 56.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.4 (FUNDING FOR STATE AND LOCAL GOVERNMENT RADIOLOGICAL EMERGENCY PREPAREDNESS)
§ 44-146.33. Radiological Emergency Preparedness Fund.
All moneys received by the Department under this chapter shall be deposited in the state treasury and set apart in a special fund to be known as the "Radiological Emergency Preparedness Fund." Moneys deposited in this fund shall be expended by the Department to the extent appropriated only to support the activities of state agencies and the local governments in establishing, maintaining and operating such emergency plans, programs and capabilities to deal with nuclear accidents as are required by the Nuclear Regulatory Commission and the Federal Emergency Management Agency with respect to nuclear power stations.

1982, c. 222.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.5 (VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM)
§ 44-146.34. Purpose; definitions.
A. The purpose of this chapter is to provide for the development and implementation of a program to protect the environment and the health, safety, and welfare of the people of the Commonwealth from the threats and potential threats of accidents or incidents involving hazardous materials. This program shall be known as the Virginia Hazardous Materials Emergency Response Program.

B. As used in this chapter, unless the context requires otherwise:

"Coordinator" means the Coordinator of the Department of Emergency Management.

"Department" means the Department of Emergency Management.

"Hazardous materials" means substances or materials which may pose unreasonable risks to health, safety, property, or the environment when used, transported, stored or disposed of, which may include materials which are solid, liquid or gas. Hazardous materials may include toxic substances, flammable and ignitable materials, explosives, corrosive materials, and radioactive materials and include (i) those substances or materials in a form or quantity which may pose an unreasonable risk to health, safety, or property when transported, and which the Secretary of Transportation of the United States has so designated by regulation or order; (ii) hazardous substances as defined or designated by law or regulation of the Commonwealth or law or regulation of the United States government; and (iii) hazardous waste as defined or designated by law or regulation of the Commonwealth.

"Political subdivision" means any city or county in the Commonwealth, and for the purposes of this chapter, any town with a population of more than 5,000 which chooses to have an emergency management program separate from that of the county in which the town is located.

"Transport" or "transportation" means any movement of property by any mode and any packing, loading, unloading, or storage incidental thereto.

1987, c. 492; 2000, c. 309.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.5 (VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM)
§ 44-146.35. Powers and duties of the Department of Emergency Management.
In carrying out the purposes set forth in this chapter the Department shall have the authority to:

1. Coordinate the development of hazardous materials training programs and hazardous materials emergency response programs and plans with state and local government agencies and related groups. Those state agencies and local government agencies shall retain the statutory responsibilities assigned elsewhere in this Code.

2. Administer the implementation of the Virginia Hazardous Materials Emergency Response Program.

1987, c. 492; 2000, c. 309; 2011, cc. 594, 681.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.5 (VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM)
§ 44-146.36. Coordinator to enter into agreements with political subdivisions; immunity from liability.
A. The Coordinator may enter into agreements with political subdivisions to provide hazardous materials emergency response within a specific geographical area of the Commonwealth on a state and political subdivision cost-sharing basis. The cost-sharing agreements shall be negotiated with political subdivisions by the Coordinator.

B. Neither the Commonwealth, nor any political subdivision thereof, nor federal agencies, nor other public or private agencies, nor public or private employees, nor representatives of any of them, engaged in any emergency services activities while complying with or attempting to comply with this chapter or any regulation or executive order promulgated pursuant to the provisions of this chapter, shall be liable for the death of or injury to any person or damage to property as a result of such activities, except where such death, injury or damage results from gross negligence, recklessness or willful misconduct. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the Workers' Compensation Act (§ 65.2-100 et seq.), or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress.

1987, c. 492; 1989, c. 378.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.5 (VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM)
§ 44-146.37. Disbursements made from Virginia Disaster Response Fund.
A. Disbursements for costs and expenses, including, but not limited to equipment, material, hazardous materials emergency response operations and immediate accident or incident site cleanup costs and expenses in preventing or alleviating damage, loss, hardship, or suffering caused by accidents or incident, involving hazardous materials, shall be made from the Virginia Disaster Response Fund in accordance with the provisions of § 44-146.18:1.

B. The Coordinator shall promptly seek reimbursement from any party causing or contributing to an accident or incident involving hazardous materials for all sums disbursed from the Virginia Disaster Response Fund for the protection, relief, and recovery from loss or damage caused by such party.

C. The Coordinator is also authorized to recover any sums expended by any other state agency or political subdivision for preventing or alleviating damage, loss, hardship, or suffering caused by accidents or incidents involving hazardous materials. To recover such sums the Coordinator shall provide documentation that the costs were incurred whether or not they were actually disbursed from the Virginia Disaster Response Fund.

1987, c. 492.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.5 (VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM)
§ 44-146.38. Political subdivisions to appoint hazardous materials coordinator.
Each political subdivision shall appoint a hazardous materials coordinator. In appointing the hazardous materials coordinator, political subdivisions shall consider the requisite qualifications for hazardous materials coordinators as established by the Coordinator. The hazardous materials coordinator shall coordinate the hazardous materials emergency response program within the political subdivision.

1987, c. 492; 2011, cc. 594, 681.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.5 (VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM)
§ 44-146.39. Repealed.
Repealed by Acts 2011, cc. 594 and 681, cl. 2.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 3.5 (VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM)
§ 44-146.40. Joint emergency planning committee; certain localities.
Any joint emergency planning committee serving Fairfax County and the City of Fairfax shall have the authority to require any facility within its emergency planning district to submit the information required and participate in the emergency planning provided for in Subtitle A of Title 3 of Public Law 99-499. For the purposes of this section, "facility" shall include any development or installation having an aggregate storage capacity of at least one million gallons of oil as defined in § 62.1-44.34:10, or the potential for a sudden release of 10,000 pounds or more of any other flammable liquid or gas not exempt from the provisions of § 327 of Title 3 of Public Law 99-499. This requirement shall not occur until after public notice and the opportunity to comment. The committee shall notify the facility owner or operator of any requirement to comply with this section.

1987, c. 492; 1992, cc. 633, 656; 1994, c. 691; 2007, c. 813; 2011, cc. 594, 681; 2017, c. 512.