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VIRGINIA STATUTES AND CODES

44-146.22 - Development of measures to prevent or reduce harmful consequences of disasters; disclosure of information.

§ 44-146.22. Development of measures to prevent or reduce harmfulconsequences of disasters; disclosure of information.

A. In addition to disaster prevention measures included in state, local andinterjurisdictional emergency operations plans, the Governor shall consider,on a continuing basis, hazard mitigation or other measures that could betaken to prevent or reduce the harmful consequences of disasters. At hisdirection, and pursuant to any other authority, state agencies, including,but not limited to, those charged with responsibilities in connection withfloodplain management, stream encroachment and flow regulation, weathermodification, fire prevention and control, air quality, public works,critical infrastructure protection, land use and land-use planning, andconstruction standards, shall make studies of disaster prevention. TheGovernor, from time to time, shall make recommendations to the GeneralAssembly, local governments, and other appropriate public and privateentities as may facilitate measures for prevention or reduction of theharmful 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 theprotection of the nation's critical infrastructure sectors and componentsthat are located in Virginia or affect the health, safety, and welfare of thecitizens of Virginia. Information submitted by any public or nonpublic entityin accordance with the procedures set forth in subdivision 4 of § 2.2-3705.2shall not be disclosed unless:

1. It is requested by law-enforcement authorities in furtherance of anofficial 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 releasethe 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.)

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