Virginia SB 481: Emergency services and disaster preparedness programs; inclusion of federally recognized tribes.

Bill Text

2026 SESSION

INTRODUCED

26101181D

SENATE BILL NO. 481

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact § 44-146.18 of the Code of Virginia, relating to Department of Emergency Management; emergency services and disaster preparedness programs; inclusion of federally recognized tribes.

—————

Patron—Marsden

—————

Referred to Committee on General Laws and Technology

—————

Be it enacted by the General Assembly of Virginia:

1. That § 44-146.18 of the Code of Virginia is amended and reenacted as follows:

§ 44-146.18. Department of Emergency Management; administration and operational control; coordinator and other personnel; powers and duties.

A. As used in this section, "federally recognized tribe" means an American Indian tribe within the present-day external boundaries of the Commonwealth that (i) is formally acknowledged by the Commonwealth to exist as a tribe as reported by the Secretary of the Commonwealth pursuant to § 2.2-401.01, (ii) is recognized by the U.S. Secretary of the Interior to exist as a tribe under the federal Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. § 5131), and (iii) has entered into a contract or memorandum of understanding with the Department of Emergency Management for assistance provided under this section.

B. The State Office of Emergency Services is continued and shall hereafter be known as the Department of Emergency Management (the Department). Wherever the words "State Department of Emergency Services" 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. C. The Department shall in the administration of emergency services and disaster preparedness programs:

1. In coordination with political subdivisions and, state agencies, and federally recognized tribes, 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, federally recognized tribes, 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 and federally recognized tribes as appropriate;

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

6. Provide guidance and assistance to state agencies, federally recognized tribes, 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 and federally recognized tribes on preventive and preparedness measures designed to eliminate or reduce disasters and their impact;

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

9. Assist state agencies and, political subdivisions, and federally recognized tribes 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 prep