Commonwealth of Virginia Office of the Governor
Executive Order
NUMBER FIFTY EIGHT
DECLARATION OF A STATE OF EMERGENCY FOR THE COMMONWEALTH OF VIRGINIA DUE TO HURRICANE HERMIN
Importance of the Issue
On this date, September 2, 2016, I am declaring a state of emergency to exist for the Commonwealth of Virginia based on the National
Hurricane Center and National Weather Service forecasts projecting impacts from Hurricane Hermine that could produce damaging high
winds, periods of heavy rainfall, power outages, and flooding across the eastern portion of the Commonwealth. These conditions
have the potential to impact life safety and create significant transportation issues throughout Virginia.
The health and general welfare of the citizens require that state action be taken to help alleviate the conditions caused by this
situation. The effects of this incident constitute a disaster wherein human life and public and private property are imperiled, as
described in§ 44-146.16 of the Code of Virginia.
Therefore, by virtue of the authority vested in me by§ 44-146.17 of the Code of Virginia, as Governor and as Director of Emergency
Management, and by virtue of the authority vested in me by Article V, Section 7 of the Constitution of Virginia and by§ 44-75. l of
the Code of Virginia, as Governor and Commander-in-Chief of the armed force of the Commonwealth, and subject always to my continuing
and ultimate authority and responsibility to act in such matters, I hereby confirm, ratify, and memorialize in writing my verbal
orders issued on this date,
September 2, 2016, whereby I am proclaiming that a state of emergency exists, and I am directing that appropriate assistance be
rendered by agencies of both state and local governments to prepare for potential impacts of Hurricane Hermine, alleviate any
conditions resulting from the incident, and to implement recovery and mitigation operations and activities so as to return impacted
areas to pre-event conditions in so far as possible. Pursuant to§ 44-75. l(A)(3} and (A}(4) of the Code of Virginia, I am also
directing that the Virginia National Guard and the Virginia Defense Force be called forth to state active duty to be prepared to
assist in providing such aid. This shall include Virginia National Guard assistance to the Virginia Department of
State Police to direct traffic, prevent looting, and perform such other law enforcement functions as the Superintendent of State
Police, in consultation with the State Coordinator of Emergency Management, the Adjutant General, and the Secretary of Public Safety
and Homeland Security, may find necessary.
In order to marshal all public resources and appropriate preparedness, response, and recovery measures to meet this threat and
recover from its effects, and in accordance with my authority contained in§ 44-146.17 of the Code of Viginia I hereby order the
following protective and restoration measures:
A. Implementation by state agencies of the Commonwealth of Virginia Emergency Operations Plan (COVEOP), as amended, along with
other appropriate state agency plans.
B. Activation of the Virginia Emergency Operations Center (VEOC) and the Virginia Emergency Support Team (VEST) to coordinate the
provision of assistance to local governments. I am directing that the VEOC and VEST coordinate state actions in support of affected
localities, other mission assignments to agencies designated in the COVEOP, and others that may be identified by the State
Coordinator of Emergency Management, in consultation with the Secretary of Public Safety and Homeland Security, which are needed to
provide for the preservation of life, protection of property, and implementation of recovery activities.
C. The authorization to assume control over the Commonwealth's state-operated telecommunications systems, as required by the
State Coordinator of Emergency Management, in coordination with the Virginia Information Technologies Agency, and with the
consultation of the Secretary of Public Safety and Homeland Security, making all systems assets available for use in providing
adequate communications, intelligence, and warning capabilities for the incident, pursuant to§ 44-146.18 of the Code of Virginia.
D. The evacuation of areas threatened or stricken by effects of Hurricane Hermine, as appropriate. Following a declaration of a
local emergency pursuant to§ 44-146.21 of the Code of Virginia, if a local governing body determines that evacuation is deemed
necessary for the preservation of life or other emergency mitigation, response, or recovery effort, pursuant to§ 44-146.17(1) of
the Code of Virginia, I direct the evacuation of all or part of the populace therein from such areas and upon such timetable as the
local governing body, in coordination with the VEOC, acting on behalf of the State Coordinator of Emergency
Management, shall determine. Notwithstanding the foregoing, I reserve the right to direct and compel evacuation from the same and
different areas and determine a different timetable both where local governing bodies have made such a determination and where local
governing bodies have not made such a determination. Also, in those localities that have declared a local emergency pursuant to §
44-146.21 of the Code of Virginia, if the local governing body determines that controlling movement of persons is deemed necessary
for the preservation of life, public safety, or other emergency mitigation, response, or recovery
effort, pursuant to § 44-146.17(1) of the Code of Virginia, I authorize the control of ingress and egress at an emergency area,
including the movement of persons within the area and the occupancy of premises therein upon such timetable as the local governing
body, in coordination with the State Coordinator of Emergency Management and the VEOC, shall determine. Violations of any order to
citizens to evacuate shall constitute a violation of this
Executive Order and are punishable as a Class 1 misdemeanor.
E. The activation, implementation, and coordination of appropriate mutual aid agreements and compacts, including the Emergency
Management Assistance Compact (EMAC), and the authorization of the State Coordinator of Emergency Management to enter into any other
supplemental agreements, pursuant to § 44M146.17(5) and§ 44M146.28:1 of the Code of Virginia, to provide for the evacuation and
reception of injured and other persons and the exchange of medical, fire, police, National Guard personnel and equipment, public
utility, reconnaissance, welfare, transportation, and communications personnel, equipment, and supplies. The State Coordinator of
Emergency Management is hereby designated as Virginia's authorized representative within the meaning of the Emergency Management
Assistance Compact, § 44Ml 46.28:1 of the Code of Virginia.
F. The authorization of the Departments of State Police, Transportation, and Motor Vehicles to grant temporary overweight, over
width, registration, or license exemptions to all carriers transporting essential emergency relief supplies, livestock or poultry,
feed or other critical supplies for livestock or poultry, heating oil, motor fuels, or propane, or providing restoration of
utilities (electricity, gas, phone, water, wastewater, and cable) in and through any area of the Commonwealth in order to support
the disaster response and recovery, regardless of their point of origin or destination. Such exemptions shall not be valid on posted
structures for restricted weight.
All over width loads, up to a maximum of 12 feet, and over height loads up to a maximum of 14 feet must follow Virginia Department
of Motor Vehicles (DMV) hauling permit and safety guidelines.
In addition to described overweight/over width transportation privileges, carriers are also exempt from registration with the
Department of Motor Vehicles. This includes vehicles en route and returning to their home base. The above-cited agencies shall
communicate this information to all staff responsible for permit issuance and truck legalization enforcement.
Authorization of the State Coordinator of Emergency Management to grant limited exemption of hours of service by any carrier when
transporting essential emergency relief supplies, passengers, property, livestock, poultry, equipment, food, feed for livestock or
poultry fuel, construction materials, and other critical supplies to or from any portion of the Commonwealth for purpose of
providing direct relief or assistance as a result of this disaster, pursuant to§ 52M8.4 of the Code a/ Virginia and Title 49 Code of
Federal Regulations, Section 390.23 and Section 395.3.
The foregoing overweight/over width transportation privileges as well as the regulatory exemption provided by§ 52M8.4 (A) of the
Code a/ Virginia, and implemented in§ 19 VAC 30M20M40(8) of the "Motor Carrier Safe Regulations," shall remain in effect for 15
days from the onset of the disaster, or until emergency relief is no longer necessary, as determined by the Secretary of Public
Safety and Homeland Security in consultation with the Secretary of Transportation, whichever is earlier.
G. The discontinuance of provisions authorized in paragraph F above may be implemented and disseminated by publication of
administrative notice to all affected and interested parties. I hereby delegate to the Secretary of Public Safety and Homeland
Security, after consultation with other affected Cabinet Secretaries, the authority to implement this order as set forth in§ 2.2-104
of the Code of Virginia.
H. The authorization of a maximum of $550,000 in state sum sufficient funds for state and local governments mission assignments
authorized and coordinated through the Virginia Department of Emergency Management that are allowable as defined by The Stafford
Act. This funding is also available for state response and recovery operations and incident documentation. Out of this state
disaster sum sufficient, $300,000, or more if available, is authorized for the Department of Military Affairs for the state's
portion of the eligible disaster related costs incurred for salaries, travel, and meals during mission assignments authorized and
coordinated through the Virginia Department of Emergency Management.
I. The authorization of a maximum of $250,000 for matching funds for the Individuals and Household Program, authorized by The
Stafford Act (when presidentially authorized), to be paid from state funds.
J. The implementation by public agencies under my supervision and control of their emergency assignments as directed in the
COVEOP without regard to normal procedures pertaining to performance of public work, entering into contracts, incurring of
obligations or other logistical and support measures of the Emergency Services and Disaster Laws, as provided in
§ 44 l 46.28(b) of the Code of Virginia.§ 44-146.24 of the Code of Virginia also applies to the disaster activities of state
agencies.
K. Designation of members and personnel of volunteer, auxiliary, and reserve groups including search and rescue (SAR), Virginia
Associations of Volunteer Rescue Squads (VAVRS), Civil Air Patrol (CAP), member organizations of the Voluntary Organizations Active
in Disaster (VOAD), Radio Amateur Civil Emergency Services (RACES), volunteer fire fighters, Citizen Corps Programs such as Medical
Reserve Corps (MRCs), Community Emergency Response Teams (CERTs), and others identified and tasked by the State Coordinator of
Emergency Management for specific disaster related mission assignments as representatives of the Commonwealth engaged in emergency
services activities within the meaning of the immunity provisions of§ 44-146.23(a) and (t) of the Code of Virginia, in the
performance of their specific disaster-related mission assignments.
L. The authorization of appropriate oversight boards, commissions, and agencies to ease building code restrictions and to
permit emergency demolition, hazardous waste disposal, debris removal, emergency landfill sitting, and operations and other
activities necessary to address immediate health and safety needs without regard to time-consuming procedures or formalities and
without regard to application or permit fees or royalties.
M. The activation of the statutory provisions in§ 59.1-525 el seq. of the Code of Virginia related to price gouging. Price
gouging at any time is unacceptable. Price gouging is even more reprehensible during a time of disaster after issuance of a state of
emergency. I have directed all applicable executive branch agencies to take immediate action to address any verified reports of
price gouging of necessary goods or services. I make the same request of the
Office of the Attorney General and appropriate local officials. I further request that all appropriate executive branch agencies
exercise their discretion to the extent allowed by law to address any pending deadlines or expirations affected by or attributable
to this disaster event.
N. The following conditions apply to the deployment of the Virginia National Guard and the Virginia Defense Force:
1. The Adjutant General of Virginia, after consultation with the State Coordinator of Emergency Management, shall make
available on state active duty such units and members of the Virginia National Guard and Virginia Defense Force and such equipment
as may be necessary or desirable to assist in preparations for this incident and in alleviating the human suffering and damage to
property.
2. Pursuant to§ 52-6 of the Code of Virginia, I authorize the Superintendent of the Department of State Police to appoint any
and all such Virginia Army and Air National Guard personnel called to state active duty as additional police officers as deemed
necessary. These police officers shall have the same powers and perform the same duties as the State Police officers appointed by
the Superintendent. However, they shall nevertheless remain members of the Virginia National Guard, subject to military command as
members of the State Militia. Any bonds and/or insurance required by§ 52- 7 of the Code of Virginia shall be provided for them at
the expense of the Commonwealth.
3. In all instances, members of the Virginia National Guard and Virginia Defense Force shall remain subject to military command
as prescribed by§ 44 78.1 of the Code of Virginia and are not subject to the civilian authorities of county or municipal
governments. This shall not be deemed to prohibit working in close cooperation with
members of the Virginia Departments of State Police or Emergency Management or local law enforcement or emergency management
authorities or receiving guidance from them in the performance of their duties.
4. Should service under this Executive Order result in the injury or death of any member of the Virginia National Guard, the
following will be provided to the member and the member's dependents or survivors:
a. Workers' Compensation benefits provided to members of the National Guard by the Virginia Workers' Compensation Act, subject
to the requirements and limitations thereof; and, in addition,
b. The same benefits, or their equivalent, for injury, disability, and/or death, as would be provided by the federal government
if the member were serving on federal active duty at the time of the injury or death. Any such federal-type benefits due to a member
and his or her dependents or survivors during any calendar month shall be reduced by any payments due under the Virginia Workers'
Compensation Act during the same month. If and when the time period for payment of Workers' Compensation benefits has elapsed, the
member and his or her dependents or survivors shall thereafter receive full federal-type benefits for as long as they would have
received such benefits if the member had been serving on federal active duty at the time of injury or death. Any federal-type
benefits due shall be computed on the basis of military pay grade E-5 or the member's military grade at the time of injury or death,
whichever produces the greater benefit amount. Pursuant to§ 44-14 of the Code of Virginia, and subject to the availability of future
appropriations which may be lawfully applied to this purpose, I now approve of future expenditures out of appropriations to the
Department of Military Affairs for such federal-type benefits as being manifestly for the benefit of the military service.
The following conditions apply to service by the Virginia Defense Force:
a. Virginia Defense Force personnel shall receive pay at a rate equivalent to a National Guard soldier of like rank, not to
exceed 25 years of service.
b. Lodging and meals shall be provided by the Adjutant General or reimbursed at standard state per diem rates;
c. All privately owned equipment, including, but not limited to, vehicles, boats, and aircraft, will be reimbursed for expense
of fuel. Damage or loss of said equipment will be reimbursed, minus reimbursement from personal insurance, if said equipment was
authorized for use by the Adjutant General in accordance with§ 44-54.12 of the
Code of Virginia;
d. In the event of death or injury, benefits shall be provided in accordance with the Virginia Workers' Compensation Act,
subject to the requirements and limitations thereof.
Upon my approval, the costs incurred by state agencies and other agents in performing mission assignments through the VEOC of the
Commonwealth as defined herein and in§ 44-
146.28 of the Code of Virginia, other than costs defined in the paragraphs above pertaining to the
Virginia National Guard and pertaining to the Virginia Defense Force, in performing these missions shall be paid from state funds.
Effective Date of this Executive Order
This Executive Order shall be effective September 2, 2016, and shall remain in full force and effect until November 30, 2016 unless
sooner amended or rescinded by further executive order. Termination of the Executive Order is not intended to terminate any
federal-type benefits granted or to be granted due to injury or death as a result of service under this Executive Order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 2nd day of September, 2016.