Authority: Title 44, Chapters 3.2 through 3.5, §§ 44-146.17, 44-146.18(c), 44-146.22, 44-146.28(a) Code of Virginia.

A. Subject to authorization by the Governor, the Department of Emergency Management may employ persons to assist in response and recovery operations for emergencies or disasters declared either by the President of the United States or by the Governor of Virginia. Such employees shall be compensated solely with funds authorized by the Governor or the federal government for the emergency, disaster, or other specific event for which their employment was authorized. The Director, Department of Planning and Budget, is authorized to increase the agency's position level based on the number of positions approved by the Governor.

B. The Secretary of Finance, consistent with any Executive Order signed by the Governor, may provide the department anticipation loans in such amounts as may be needed to appropriately reimburse localities and state agencies for costs associated with Emergency Management Assistance Compact (EMAC) mission assignments. Such loans shall be based on the reimbursements anticipated under the Emergency Management Assistance Compact (EMAC) and, notwithstanding the provisions of § 4-3.02 b of this act, may be extended for a period longer than twelve months.

C.1. Localities receiving reimbursements from the Department of Emergency Management for Emergency Management Assistance Compact (EMAC) mission costs shall reimburse the Department of Emergency Management for any overpayments within sixty (60) days of written notification of such overpayment.

2. Overpayment amounts shall be based on the difference between the amount reimbursed to the locality by the Department of Emergency Management and the amount reimbursed to the Department of Emergency Management by the state requesting emergency aid under the Compact.

3. If the locality does not reimburse the Department of Emergency Management the overpaid amount within sixty (60) days of being notified, the Comptroller is authorized to withhold from any funds to be transferred to the locality the amount overpaid to the locality and transfer such withheld funds to the Department of Emergency Management.

D. Consistent with any Executive Order signed by the Governor, the Secretary of Finance or his designee may provide the Department of Emergency Management anticipation loans in such amounts as may be needed to appropriately reimburse the Department for disaster related costs. Such loans shall be based on the federal reimbursements anticipated in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act and, notwithstanding the provisions of § 4-3.02 b of this act, may be extended for a period longer than twelve months, if necessary.

E. Out of this appropriation, $21,074,301 the first year and $21,074,301 the second year from the general fund is provided for coordinating response and recovery efforts related to the COVID-19 pandemic, including but not limited to covering the cost of the state share of COVID-19 related expenses, including the Hazard Mitigation Grant Program for the COVID-19 disaster, as required by the Federal Emergency Management Agency (FEMA), and for the pandemic response purposes listed below:

1. $1,087,635 the first year and $1,087,635 the second year is provided for warehouse operations, storage, and distribution of personal protective equipment (PPE) to fulfill requests received through the Virginia Emergency Support Team and the Unified Command;

2. $865,000 the first year and $865,000 the second year is provided for continuing operations of the Joint Information Center including coordinating communications and broadcasting official press conferences;

3. Prior to obligating the appropriation, except for expenses related to subparagraphs 1 and 2 of this Item, the Department shall develop a detailed plan for expenditures of these funds and must request approval from the Governor related to all other COVID-19 pandemic response efforts, including the costs of the state share as required by FEMA.

4. The Department shall maintain sufficient records and documentation to report the specific use of these funds. No later than August 15 of each year, the department shall report the use of these funds along with an estimate of the proposed use of the funding appropriated in future fiscal years and any additional funds that may be required to respond to the COVID-19 pandemic to the Governor, the Chairperson of the House Appropriations Committee, the Chairperson of the Senate Finance and Appropriations Committee, and the Director of the Department of Planning and Budget.

F. Included in this Item is $418,121 in the second year and four positions from the general fund to continue Virginia Emergency Support Team (VEST) COVID-19 recovery activities. These activities are supported in the first year through the American Rescue Plan Act as funded in Item 486 of this Act.