44-146.36 - Coordinator to enter into agreements with political subdivisions; immunity from liability. - Virginia Statutes

§ 44-146.36. Coordinator to enter into agreements with politicalsubdivisions; immunity from liability.

A. The Coordinator may enter into agreements with political subdivisions toprovide hazardous materials emergency response within a specific geographicalarea of the Commonwealth on a state and political subdivision cost-sharingbasis. The cost-sharing agreements shall be negotiated with politicalsubdivisions by the Coordinator.

B. Neither the Commonwealth, nor any political subdivision thereof, norfederal agencies, nor other public or private agencies, nor public or privateemployees, nor representatives of any of them, engaged in any emergencyservices activities while complying with or attempting to comply with thischapter or any regulation or executive order promulgated pursuant to theprovisions of this chapter, shall be liable for the death of or injury to anyperson or damage to property as a result of such activities, except wheresuch death, injury or damage results from gross negligence, recklessness orwillful misconduct. The provisions of this section shall not affect theright of any person to receive benefits to which he would otherwise beentitled 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 personto receive any benefits or compensation under any act of Congress.

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