September 30, 2020

Florida:

(Miami-Dade County): Mayor Gimenez issued Amendment No. 2 to Emergency Order 29-20 which, effective October 1, 2020, allows team competition in all sports subject to the Order’s requirements, and which clarifies that facial coverings are required in parks and other outdoor spaces, with certain exceptions.

(Palm Beach County): County Administrator Baker issued Emergency Order No. 28, which repeals all prior Palm Beach County emergency orders imposing COVID-19 related restrictions on individuals, businesses, and/or establishments, with the exception of Emergency Orders Nos. 2020-012 (facial coverings) and 2020-017 (enforcement) as extended and/or amended, and replaces them with Order No. 28. All individuals, businesses, and establishments must follow Order No. 2020-012’s requirements, which include the mandated use of facial coverings in businesses and establishments, in public places where social distancing is not possible, in common areas in private communities, and when using public transportation or when in government buildings. Businesses must continue to ensure compliance with the facial covering mandate, including by establishing a process to verify customers are following the mandate when entering the business.

Notwithstanding Governor DeSantis’ suspension of the collection of COVID-19 related fines and penalties on individuals, businesses that fail to follow the Order may incur fines and penalties. To the extent the order does not conflict with the applicable law, all individuals, businesses, and establishments must follow the CDC’s social distancing guidelines. The social distancing requirement shall not be imposed to limit restaurant capacity to less than 100% of indoor capacity. Further, all businesses and establishments must adhere to enhanced cleaning protocols, such as the CDC’s guidelines. The order takes effect on September 29, 2020 and expires with the expiration of the existing state of local emergency.

Hawaii:

(Kauai County): With Governor Ige’s concurrence, Mayor Kawakami reinstated Mayor’s Emergency Rule #1 Amendment #2, which extends the expiration date for camping permits until October 31, 2020.

Illinois:

Governor Pritzker and the Illinois Department of Public Health announced that Illinois Region 1 will be subject to additional Mitigation Measures effective Saturday, October 3. Region 1, consisting of Boone, Carroll, DeKalb, Jo Daviess, Lee, Ogle, Stephenson, Whiteside and Winnebago Counties, will see the following mitigation measures take effect on Saturday:

• Bars
  • No indoor service
  • All outside bar service closes at 11:00 p.m.
  • All bar patrons should be seated at tables outside
  • No ordering, seating, or congregating at bar (bar stools should be removed)
  • Tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • No dancing or standing indoors
  • Reservations required for each party
  • No seating of multiple parties at one table
• Restaurants
  • No indoor dining or bar service
  • All outdoor dining closes at 11:00 p.m.
  • Outside dining tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • Reservations required for each party
  • No seating of multiple parties at one table

• Meetings, Social Events, Gatherings
  • Limit to lesser of 25 guests or 25 percent of overall room capacity
  • No party buses
  • Gaming and Casinos close at 11:00 p.m., are limited to 25 percent capacity, and follow mitigations for bars and restaurants, if applicable

Additional mitigations were similarly instituted in Region 7 on August 26, and Region 4 on September 2. Region 7 rejoined most of Illinois in Phase 4 of Governor Pritzker’s Restore Illinois Plan on September 18. Region 4 remains subject to the additional mitigations.

Indiana:

Governor Holcomb issued Executive Order 20-45, which is a renewal of certain directives and recession of other directives issued in response to the COVID-19 outbreak.

Renewals

As provided by Executive Order 20-33, any of the following individuals who received an initial and/or subsequent 90-day temporary authorization to provide health care in the State of Indiana in response to the public health emergency is granted an additional 90-authorization to continue to provide health care services.

• Retired Health Care Professionals
• Physician Assistant Students
• Nursing Students
• Respiratory Care Practitioner Students
• Out-of-State Health Care Professionals
• Graduate Pharmacists

Any professionals who are granted a temporary license in the state must register at www.in.gov/pla.

Any individuals who are receiving unemployment compensation benefits and who also receive a stipend or compensation for working as a poll worker in Indiana will not have their unemployment benefits reduced. However, this will not change the way the stipend is considered in terms of federal and state income taxes.

Rescission

• Executive Order 20-23, which suspended the five-year limitation on business reinstatements and the requirement for the business to submit a certificate of clearance when applying for reinstatement – which was done to allow businesses to seek federal assistance – is rescinded.
• Executive Order 20-15, which suspended the provision requiring lottery holders to claim their winnings within 180 days, is rescinded.
• Executive Order 20-15, which suspended certain code sections to allow for the 2020 alumni trustee election be postponed, has been further modified to require the person selected in the postponed election to serve a two-year term rather than a three-year term in order to maintain the staggered election of trustees in subsequent years.

Kentucky:

On September 29, Governor Beshear announced that he will extend a renewal option for Kentuckians with driver’s licenses that are due to expire. “This renewed executive order allows people to renew their driver’s license by a drop box or by mail,” the Governor said. “You still have to renew it by one of those fashions through February 2021. Now it doesn’t automatically extend, so make sure that either by that drop box or by mail you get this done.”

Michigan:

In light of pending litigation, Governor Whitmer signed Executive Order 2020-186, which declares a state of emergency and state of disaster related to the COVID-19 pandemic, using the Governor’s authority under the Emergency Powers of the Governor Act of 1945 and the Emergency Management Act of 1976. The order is effective immediately and will remain in effect until October 27, 2020 at 11:59 pm. Executive Order 2020-177 is rescinded and all previous orders that rest on that order now rest on the new order.

Governor Whitmer also signed Executive Order 2020-187, which rescinds and replaces Executive Order-173. The new order encourages the use of electronic signatures and remote notarization, witnessing, and visitation during the COVID-19 pandemic.

Governor Whitmer also signed three executive orders, which provide temporary measures for certain facilities and establishments in the state:

• Executive Order 2020-188 orders temporary restrictions on entry into health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities;
• Executive Order 2020-189 orders temporary protocols for entry into Michigan Department of Correction facilities and transfers to and from Department custody, as well as providing temporary recommended COVID-19 protocols and enhanced early-release authorization;
• Executive Order 2020-190 order temporary safety measures for food-selling establishments and pharmacies and temporary relief from requirements applicable to the renewal of licenses for the food-service industry.

The temporary measures, in their entirety, can be found in each executive order, respectively.

Mississippi:

Governor Reeves signed Executive Order 1525, which repeals the Safe Return Order and all amendments thereto, and is effective beginning on September 30, 2020 at 5:00 p.m. through November 11, 2020. The new order does not extend the statewide face mask requirement, but it still requires people to wear masks in schools or outdoor at a school campus where six feet of distancing is not possible, with some exceptions. More specifics include:

• Social gatherings where social distancing is not possible must be limited to groups of no more than 25 people inside or 100 people outside.
• Businesses shall:
  • Implement screening protocols of employees at the beginning of shifts;
  • Send sick employees home and encourage sick employees to remain at home;
  • Limit customers to 75% of the business’ capacity;
  • Require that appropriate PPE be worn by all employees while at work;
  • Adopt measure to ensure social distancing for customers;
  • Adopt and enforce handwashing measures;
  • Frequently clean high-contact surfaces;
  • Make hand sanitizer available to all customers at points of entry and throughout the business; and
  • Post prominent signage regarding social distancing and symptoms of COVID-19.
• Restaurants and bars must:
  • Ensure six feet between tables;
  • Limit party sizes to ten per table;
  • Screen customers at entry;
  • Serve alcohol only when customers are seated;
  • Serve alcohol not later than 11:00 p.m.; and
  • Continue to prohibit self-service buffets and food stations.
• Reception halls and conference centers may operate with the following limitations:
  • Limit number of guests to 50% of capacity; and
  • For seating dinners, limit number of guests to 75% of capacity.
• Auditoriums and movie theaters must limit ticket sales to 50% of capacity.
• Close contact and personal care services may operate but customers and employees must wear face coverings at all times.
• Outdoor sports complexes and multi-field complexes may continue to host practices and games subject to the following:
  • Six feet of social distancing is required;
  • Concession stands may open with social distancing, face mask wearing while on duty, and screening for COVID at the beginning of each shift;
  • Each facility, event, league, or tournament must have a Safety Officer to ensure social distancing requirements.
• Outdoor an indoor arenas must remain at 25% of capacity.
• Attendance at K-12 organized extracurricular events are permitted subject to the following:
  • Outdoor attendance is limited to 50% of capacity;
  • Indoor attendance is limited to 25% of capacity;
  • Face coverings must be worn upon entry, exit, and in transit by all six years or older;
  • Six feet of social distancing is required;
  • Concession stands may open if the follow masking and social distancing requirements; and
  • All events must have a dedicated Safety Officer.
• College and university outdoor stadiums may hold events subject to the following:
  • Face coverings must be worn upon entry, exit, and in transit by all six years or older;
  • Six feet of social distancing is required;
  • Concession stands may open if the follow masking and social distancing requirements;
  • Hand sanitizing or handwashing stations must be available at all entrances;
  • Transactions should be contactless;
  • Number of players on the sideline shall be minimized; and
  • The college must have a dedicated Safety Officer.

Nevada:

On September 29, Governor Sisolak issued Emergency Directive 033, to be effective October 1, 2020 at 12:01 a.m. The Directive will increase the limits on gathering sizes from 50 people to 250 people or 50% of fire code capacity, whichever is less, so long as social distancing and all other requirements can be maintained. Certain venues may host more than 250 people if additional requirements are met, including the submission of a large gathering venue COVID-19 preparedness and safety plan for approval prior to hosting any large events or gatherings.

Venues with fixed seating capacity for more than 2,500 people may host up to 10% of the fixed seating capacity if (i) sections of 250 individuals maximum are established; (ii) social distancing can be maintained; (iii) a large gathering venue COVID-19 preparedness and safety plan is submitted and approved, (iv) standing room only is prohibited; (v) general admission is prohibited; and (vi) walk-ins, impromptu purchases, and day-of will call pickups are prohibited.

Conferences, conventions, trade shows, professional seminars, or similar gatherings may host up to 1,000 people if (i) the venue has the ability to separate the attendees among individual areas that hold no more than 250 people or 50% capacity, whichever is less, in addition to other; (ii) venue staff and employees are restricted to working in one individual area, (iii) each individual area has floor to ceiling walls, (iv) each individual area has separate entrances and exits, (v) all attendees are pre-registered, (vi) shared use of restroom facilities, concession, and merchant stands is minimized, (vii) and a large gathering venue COVID-19 preparedness and safety plan is submitted and approved.

The State of Nevada has issued controlling Guidance for Safe Gatherings to accompany the requirements set forth in the governor’s order, and additional guidance for large gathering venues, places of worship, and gatherings at private residences.

Ohio:

On September 29, Governor DeWine provided an update on the Ohio Coronavirus Wastewater Monitoring Network which tests wastewater for gene fragments of COVID-19. Those infected with COVID-19 begin to shed the virus early in their infection, and a significant, sustained increase in gene fragments found in wastewater can be an early warning sign of a pending rise in COVID-19 cases in a specific area. The value of this information is that gives communities an opportunity to act proactively to prevent outbreaks.

Since the launch of the monitoring program, the Ohio Department of Health (ODH) has notified health authorities in six communities of a sustained increase in gene fragments found in their wastewater: Dayton, Columbus, Akron, Oregon, Sandusky, and Mansfield. ODH is currently monitoring 36 sites across the state and an additional 25 sites will be added during the coming month. Communities found with a sustained increase in gene fragments are offered testing and contact tracing assistance.

Tennessee:

On September 29, Governor Lee signed Executive Order 63 extending the state of emergency until October 30, 2020. Under Executive Order 63, restrictions on businesses and gathering sizes in the 89 counties with a state-run health department (previously a 50-person limit) have been removed. However, Executive Order 63 extends certain, targeted provisions of previous executive orders, including the authority of local governments to institute mask requirements. Among others, Executive Order 63 includes the following provisions:

• Persons with COVID-19 or COVID-19 symptoms are required to stay home and employers may not require or allow employees with COVID-19 or COVID-19 to work;
• Persons are urged to wear masks while in close proximity to others;
• Social distancing from those outside of the household is strongly suggested; and
• A framework for safely visiting nursing homes and long-term care facilities.

A full list of Executive Order 63’s provisions can be found here.

September 29, 2020

District of Columbia:

On September 28, Mayor Bowser delivered the Situational Report for Washington, DC, highlighting levels of community spread, health system capacity, and community engagement. It also highlighted Virtual Assistant, DC CovidLink, which is an optional service allowing positive cases and notified close contacts the ability to share information about their symptoms and health status with the DC Contact Trace Force via text and call. The Report also shared a sampling of feedback from various professionals working in schools re-opening with varying levels of in-person student learning or support services.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Texas, Kentucky, Nevada, and Wyoming effective Friday, October 2 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents for two consecutive weeks.

Iowa:

On September 28, Governor Reynolds announced two new Registered Apprenticeship grant opportunities that will be funded by the Coronavirus Relief Fund. The first grant, which is available to high schools, nonprofits, and small businesses with less than 50 employees, totals $5 million, and recipients may be awarded up to $50,000. The second grant, which is available to post-secondary institutions or healthcare employers, also $5 million and recipients may be awarded up to $250,000.

Grant funds can be used to purchase equipment, tools, simulators, instructional materials, updated curriculum, or other necessary items to expand or create Registered Apprenticeship programs that provide for online or hands-on learning. Priority is given to programs targeting individuals whose employment has been adversely affected by the pandemic. Applicants must (i) be affiliated with an existing Registered Apprenticeship program or commit to starting a new program no later than December 31, 2020, and (ii) agree to recruit individuals who have lost their jobs due to the pandemic, belong to a minority or underrepresented community, are veterans, or are disabled.

The deadline to apply for the grants is October 12, 2020 and applications can be found here.

Kansas:

On September 29, Governor Laura Kelly issued new guidance to reflect the changes the Centers for Medicare and Medicaid Services (CMS) made in detailed guidance late last week that directs “reasonable ways nursing facilities can safely facilitate in-person visitation” to address the psychosocial needs of residents and their families during the COVID-19 public health emergency.

CMS directed that nursing facilities should adhere to certain “core principles of COVID-19 infection prevention” at all times, including social distancing, temperature screens, and cleaning protocols. Outdoor visitation poses a lower risk than indoor visitation, however indoor visitation can be allowed if there have been no new COVID-19 cases in a facility in the past 14 days and the facility is not conducting active outbreak testing. Other requirements for indoor and outdoor visitation can be found in CMS document QSO-20-39-NH. Facilities that do not adopt the new guidelines without a valid reason for keeping their doors closed, face potential monetary penalties.

Individual facilities should use the following paraments as additional information to determine if indoor visitation is advisable:

• Low county positivity rate (<5%) = Visitation should occur according to the core principles of COVID-19 infection prevention and facility policies (beyond compassionate care visits)
• Medium county positivity rate (5% – 10%) = Visitation should occur according to the core principles of COVID-19 infection prevention and facility policies (beyond compassionate care visits)
• High county positivity rate (>10%) = Visitation should only occur for compassionate care situations according to the core principles of COVID-19 infection prevention and facility policies

The guidance further authorizes states to provide $3,000 grants from Civil Monetary Penalty funds for facilities to purchase equipment to facilitate visitation such as tents for outdoor visits or plexiglass screens. KDADS is working on the application process for facilities to request funding.

Furthermore, on September 29, Governor Laura Kelly announced that, as part of the Technology for Families Grant Program, the Kansas Children’s Cabinet and Trust Fund distributed $636,066 to support connectivity for families in need representing 86 Kansas counties.

Kentucky:

On September 28, Lieutenant Governor Jacqueline Coleman announced the new online portal for reporting on COVID-19 for schools. The new dashboard is available on the main kycovid19.ky.gov website under the Healthy at School section.

Furthermore, Governor Beshear again extended his executive order prohibiting price gouging.

Maryland:

On September 29, Governor Hogan ordered that, subject to all other applicable law, regulations, and guidance issued by the Secretary of State, notaries public in Maryland may perform a notarial act using communication technology for a remotely located individual with respect to a will or a trust. The order, effective immediately, remains effective until the termination of the state of emergency due to COVID-19.

Massachusetts:

(Statewide): Governor Baker-Polito’s issued Order No. 51 which took effect immediately on September 29, 2020, and Order No. 52, which will take effect on October 5, 2020, which will remain in effect until rescinded or until the state of emergency has ended. Order No. 51 advances Phase III re-opening to step 2 starting October 5, 2020, for certain municipalities that have a reduced number of COVID-19 cases. Lower risk communities are those with an average daily incidence rate of 8 or less per 100,000 residents. This analysis focuses on the three most recent 14-day measurement periods. These operating procedures allow certain indoor performance venues and indoor recreational activities with contact to resume.

Under Order No. 52, social distancing at indoor and outdoor gatherings, including private residences, must be adhered to at all times. The order further limits all indoor gatherings to 25 people, and outdoor to 50 people, except event venues and public settings, which are permitted 100 people if in a lower risk community. Individual attending an event with more than 10 people must wear a face mask. The gathering requirements do not apply to religious or political expression gatherings or other entities operating in accordance to sector-specific COVID-19 safety rules.

North Carolina:

On September 29, Governor Roy Cooper announced that North Carolina has distributed over $2.6 billion in coronavirus relief funds as of September 21 and continues to work to administer remaining funds in coordination with federal requirements.

Rhode Island:

Governor Raimondo issued Executive Order 20-78 on September 25, 2020 that extended the following executive orders until October 27, 2020:

• Executive Order 20-29 Twenty-Sixth Supplemental Emergency Declaration - Promoting Better Coordination of Health Care Coverage.
• Executive Order 20-39 Thirty-Sixth Supplemental Emergency Declaration - Authorizing adjustments to Child Care Subsidies and Reimbursement Rates.
• Executive Order 20-56 Fifty-First Supplemental Emergency Declaration - Adjustment to Wavemaker Fellowship Program.
• Executive Order 20-68 Sixty-Third Supplemental Emergency Declaration - Setting the Minimum Weekly Base Rate for Unemployment Insurance.

Governor Raimondo issued Executive Order 20-79 on September 25, 2020 that extended the following executive order until October 28, 2020:

• Executive Order 20-67 Sixty-Second Supplemental Emergency Declaration - Phase III Re-opening.

South Carolina:

Governor McMaster issued Executive Order 2020-62 on September 24, 2020. Effective immediately until October 9, this Executive Order continues the State of Emergency for 15 days and declares that Executive Order 2020-50 (Initiating Additional Emergency Measures & Consolidating Previous Orders) is extended for the duration of the State of Emergency. First responders and 911 operators are still allowed to ask individuals requesting assistance whether they have been exposed to COVID-19. All transportation waivers for commercial vehicles and operators of commercial vehicles are still in effect.

Virginia:

Governor Northam announced on September 29 more than $8.4 million in Community Development Block Grants (CDBG) for 14 projects that will help rural communities across Virginia recover from the public health and economic impacts of the COVID-19 pandemic, as well as an additional $1.7 million in CDBG for three projects in James City and York counties and the city of Williamsburg that will assist local governments and community partners in meeting the needs of Virginia families and small businesses impacted by the ongoing COVID-19 pandemic. This year, more than $20.4 million has been distributed to communities across Virginia through the CDBG program. Funding can be used for:

• Construction or rehab of structures for shelters
• Testing or equipment manufacturing
• Training programs for healthcare workers or service industry jobs transitioning to food or pharmaceutical delivery systems
• Acquisition costs for telework or telemedicine services
• Job creation or business development for manufacturing of COVID-related materials
• Business assistance for job training or re-tooling business services to reopen and adapt in a new environment
• Small business recovery funds for rent and mortgage assistance
• Personal protective equipment, sanitization, dining equipment, and barrier devices to meet social distancing requirements

September 28, 2020

California:

Governor Newsom extended a variety of COVID-related protections for California businesses through Executive Order N-80-20.

The order continues to empower local governments to limit foreclosure actions against commercial tenants for the nonpayment of rent. Eligible commercial tenants are those experiencing a substantial decrease in business income because of the pandemic or a local, state, or federal response to the pandemic. The order remains in effect until March 31, 2021.

Governor Newsom also suspended various statutory requirements concerning in-person meetings for shareholders. Under the order, shareholder meetings may be conducted by electronic transmission or electronic video screen transmission until the order is modified or rescinded. Remote shareholder meetings must provide shareholders, as closely as reasonably possible, an opportunity to participate that is equivalent to the ability of in-person attendees at the corporation’s last in-person meeting to participate. Further, the corporation must avoid imposing unreasonable obligations on shareholders seeking to participate.

The order provides the Director of the Department of Alcoholic Beverage Control (“Director”) the authority to suspend, for a period of up to 30 days, the deadlines for renewing licenses upon payment of annual fees. The Director must consider funding availability when exercising his discretion. This discretionary authority expires on December 31, 2020.

Lastly, the order allows the Department of Managed Health Care (“Department”) to gather information to assess the impacts of the pandemic on health care providers and health care service plans. Under the order, the Department has the authority to establish procedures requiring health care service plans to furnish information related to the Department’s assessment without complying with the State’s Administrative Procedures Act.

Colorado:

Governor Polis extended several previous executive actions aimed at allowing the resumption of certain activities while mitigating COVID-19’s impact on tenants.

First, Executive Order 2020 201 extends the Governor’s prior suspension of various regulatory statutes set forth in Executive Order D 2020 11. For example, the order continues the State’s authorization for restaurants and similar businesses to establish communal outdoor dining areas in which two or more liquor licensees may sell alcoholic beverages until October 22, 2020. The order also suspends the statutory provisions prohibiting a casino from dividing its lawful gaming area into more than two noncontiguous spaces and hosting blackjack games with no more than seven people.

Next, Governor Polis issued Executive Order D 2020 200, which continues to allow the issuance of marriage licenses despite the closure of clerk and recorder offices. The order expires on October 22, 2020.

Finally, Executive Order D 2020 202 extends and increases the protections afforded to tenants under Executive Order D 2020 101, as amended. Under the order, landlords must continue to provide tenants with 30 days’ notice of nonpayment of rent. Landlords are now, however, required to delay initiating an action for forcible entry and detainer until after the 30-day notice period expires. Further, landlords must provide the tenant with written notice of the federal protections against eviction provided by the Centers for Disease Control and Prevention’s (CDC) Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19. The failure to comply with these requirements will prohibit or delay a forcible entry or detainer action. The new requirements remain in place until October 22, 2020.

District of Columbia:

On September 25, Mayor Bowser announced a pilot that will allow a limited number of venues to host live entertainment. The pilot creates an opportunity to resume live entertainment in a controlled environment that can be scaled up or down and that District officials can learn from for future guidance. There are six participating venues, all of which are required to submit and execute detailed plans for operating and will be monitored closely by the District. The pilot will run through October 30.

Florida:

On September 25, Governor DeSantis issued Executive Order 20-244, which effective immediately preempts any COVID-19 emergency ordinance from preventing an individual from working or from operating a business. The Order also provides restaurants, including any establishment with a food license, may not be limited by a COVID-19 emergency order by any local government to less than 50% of their indoor capacity. An order that seeks to limit capacity to less than 100% of indoor capacity must on its face quantify the economic impact of each limitation or requirement on the restaurant and explain why each limitation or requirement is necessary for public health. The order further suspends the collection of fines and penalties associated with COVID-19 enforced upon individuals.

(Miami-Dade County): On September 26, Mayor Gimenez issued Emergency Order 30-20 which cancels Emergency Orders 1-20, 16-20, and 28-20 as amended. Retail and commercial establishments and any other establishment or facility may open and remain open, provided they comply with the applicable activity-specific requirements in the amended “Moving To A New Normal Handbook.”

(Palm Beach County): On September 25, Mayor Kerner issued a Declaration of Continuing State of Emergency which further extends the state of emergency through October 2, 2020.

County Administrator Verdenia Baker issued Emergency Order No. 27, which repeals Emergency Orders 20-018 and 2020-023, and removes any County-ordered COVID-19 emergency restrictions on business operating hours. Bars, nightclubs, hookah, cigar, other smoking bars and lounges, auditoriums, bingo parlors, comedy clubs, and concert houses remain closed.

(Broward County): On September 25, County Administrator, Bertha Henry, issued Emergency Order 20-26, which deletes Section 2 of Emergency Order 20-21, as amended, and which provides that to the extent they are preempted by Governor DeSantis’s Order 20-244, any provisions within any Broward County Emergency Order that limit the otherwise permitted capacity of restaurants or any establishment with a food license are of no further force and effect. The Order attaches amended operations requirements to be applied to all establishments serving food or alcohol. Administrator Henry also amended Emergency Order 20-23, modify requirements relating to organized sports, and expanding the circumstances in which organized and other sports are permitted.

Hawaii:

On September 22, Governor Ige issued a Thirteenth Supplementary Proclamation which extends the disaster emergency relief period through October 31, 2020. The Proclamation requires all persons to wear facial coverings in compliance with county orders, rules, and directives approved by Governor Ige. The interisland travel quarantine requirements remain in effect for all persons traveling from within the state to the Islands of Kaua‘i, Hawaii and the Islands comprising the Counties of Maui and Kalawao. Counties may develop a negative test exception to the Interisland Travel Quarantine in conjunction with the State and may adopt and implement such an exception.

Travelers to the state are still subject to a mandatory self-quarantine period, except for those (1) entering the state by recreational boats into the State’s non-commercial harbors, which have been at sea for 14 consecutive days before entering State waters, and which have no persons on board who are ill or displaying symptoms of COVID-19; or (2) those who, upon entry, provide written confirmation from a State approved COVID-19 testing facility of a negative test result from a test administered to the traveler within 71 hours from the final leg of departure. The negative test exception becomes effective on October 15, 2020.

(City and County of Honolulu): On September 23, Mayor Caldwell issued a Sixth Supplemental Proclamation extending the state of emergency through October 31, 2020. Mayor Caldwell also issued Emergency Order 2020-27, implementing Tier 1 of Honolulu’s COVID-19 Recovery Framework. The Order takes effect on September 24, 2020 and continues through October 31, 2020. The order:

• Permits individuals living within the City to leave their residences to engage in Essential Activities, maintain Essential Governmental Functions, operate/visit Essential Businesses, or operate/visit/utilize Designated Businesses and Operations. All other activities, businesses, and operations are prohibited. Physical distancing and the use of face coverings are required at all times reasonably possible, to the extent individuals are using shared or outdoor spaces.
• Requires all businesses with a facility in the City, except Essential Businesses and Designated Businesses and Operations, are required to cease all activities within such facilities except Minimum Basic Operations.
• Prohibits indoor and outdoor social gatherings of more than 5 individuals, except for gatherings/events/activities permitted under Section II of the order;
• Permits travel for Essential Travel and Essential Activities, and travel in and out of the City to perform Essential Activities, operate or visit Essential Businesses and Designated Businesses and Operations or to maintain Essential Governmental Functions, but prohibits all other travel.
• Requires the use of face coverings in public spaces, except under limited circumstances.
• Permits City and County of Honolulu parks, campgrounds, trails and botanical gardens to be opened for limited use;
• Permits beaches and sand bars within the City to be opened for limited use;
• Generally, prohibits singing, the playing wind instruments, and similar activities, but permits such activities if they are performed at a gathering/business/operation authorized under the Order, and mitigation measures are taken.
• Generally, requires shared indoor spaces (such as lunch rooms, break rooms, and conference rooms located in public and private businesses and operations) be closed, and that alternative and suitable outdoor spaces be used to the extent practicable.

Hawaii County: On September 22, with Governor Ige’s approval, Mayor Kim extended Emergency Rule No. 11, which requires the use of face coverings for those persons not subject to limited exceptions, restricts the size of permitted social gatherings to groups of up to 10 people, and imposes a 14-day mandatory self-quarantine requirement on all persons traveling to the County interisland or from out of state.

Illinois:

(Chicago): Mayor Lightfoot announced the easing of various guidelines under Phase Four of Chicago’s Reopening Framework. Effective Thursday, October 1, at 5:00 a.m. the following guidelines will go into effect:

• Increased Indoor Capacity: Restaurants, health and fitness centers, personal services, non-essential retail and all other establishments that have been limited to 25% indoor capacity will now be able to increase their maximum indoor capacity to 40%. The limit of 50 total customers within one room or space at restaurants, venues and other establishments will remain in place, as will the limit of no more than six people per table.
• Reopening of Bars: Breweries, taverns, bars and other establishments that serve alcohol without a food license may reopen with indoor seating, at 25% capacity or 50 people, whichever is fewer. Service remains limited to no more than two hours per party, and customers must be seated when eating, drinking or ordering – patrons cannot walk up to the bar to order.
• Extended Hours for Bars and Restaurants: Bars, restaurants and other establishments that serve alcohol will now be able to sell alcohol for on-site or off-site consumption until 1:00 am and may remain open until 1:30 am. Liquor stores, grocery stores and other establishments that sell alcohol to-go through a Packaged Goods license must continue to cease alcohol sales at 9:00 p.m.
• Increased Group Size: Maximum group size for health and fitness classes and after-school programming will increase from 10 to 15 people.
• Expanded Personal Services: Facials, shaves and other personal services that require the removal of face coverings will be allowed.

The following additional guidelines will also go into effect in an effort to maintain Chicago’s reopening progress:

• When dining out at a food service establishment or bar, customers must always wear face coverings while seated, except when actively eating or drinking. This protects employees that may interact closely with patrons.
• Patrons at indoor bars, taverns and breweries must order from their seats – they cannot walk up to the bar to order.
• Bars, taverns and breweries that are reopening indoors must partner with a food establishment so that food is available to patrons at all times (e.g., making menus available and allowing delivery, allowing patrons to order from third-party delivery services).
• When taking reservations and seating walk-in customers, restaurants and bars should retain an email and/or phone number for possible contact tracing.
• Personal services that require the removal of face coverings are recommended to be kept under 15 minutes, and the employee conducting the service must always wear a face covering.
• All places of business should provide hand sanitizer for patrons and employees to use upon entry.

Updated reopening guidelines can be found here.

Iowa:

On September 25, Governor Reynolds signed a Proclamation of Disaster Emergency, which extends the closure of bars, taverns, wineries, breweries, distilleries, night clubs, and other establishments that sell alcoholic beverages for on premise consumption in Johnson and Story Counties through October 4, 2020 at 11:59 p.m.

Maryland:

On September 28, Governor Hogan, in an update to his September 18 order, ordered a number of changes to Phase II reopening standards. The order, effective immediately, requires that the number of spectators permitted in a Racing Facility at any one time shall not exceed the lesser of (a) 50% of that Racing Facility’s maximum occupancy, or (b) 250 persons.

On September 28, Governor Hogan announced that the Maryland State Department of Assessments and Taxation is extending the deadline to apply for 2020 Homeowners’ and Renters’ Property Tax Credits from October 1 to October 31 in an effort to “ensure more [Maryland] citizens can remain safe and secure in their homes”.

Michigan:

In light of pending litigation on previous orders, Governor Whitmer issued Executive Order 2020-183: Safe Start, which is invoked under the powers given to her under the Emergency Management Act (MCL 30.403(1)-(2)). Under the new Safe Start Order, the following restrictions are in place:

• Except in Regions 6 and 8 (as further described in paragraph 12 of the order), any work that is capable of being performed remotely must be performed remotely. Although not required, in regions 6 and 8, any work capable of being performed remotely should be performed remotely.
• Any individual who leaves his or her home or place of residence must follow social distancing measures, follow mask requirements, and any other rules under Executive Order 2020-153.
• Until 12:01 a.m. on October 9, 2020, certain places of public accommodation are closed to entry, use and occupancy by members of the public, including, but not limited to, indoor theatres and performance venues, Millionaire Parties, amusement parks, bowling centers, ice rinks and waterparks.
• Food service establishments must close common areas in which people can congregate, dance or otherwise mingle. Various bars, restaurants, nightclubs and other establishments with liquor licenses are subject to further restrictions.
• Indoor and outdoor gatherings and events are subject to certain capacity and mask requirements based on the specific venue.
• Athletes training for, practicing for, or competing in an organized sport must wear a facial covering or consistently maintain 6 feet of social distance.
• Outdoor parks and recreational facilities may be open, provided they make any reasonable modifications necessary to enable employees and patrons to maintain six feed of distance from one another.

Governor Whitmer also signed Executive Order 2020-184, which rescinds and replaces Executive Order 2020-175, and is effective immediately. The new order provides updated safeguards to protect Michigan workers from COVID-19, including:

• Developing a preparedness and response plan;
• Designating one or more supervisors to implement, monitor, and report on the plan;
• Provide communication and training regarding workplace infection control, proper use of PPE, and how to report unsafe working conditions; among others.

There are further requirements for specific workplaces including offices, construction, manufacturing, outdoor work, research labs, restaurants and bars, etc.

North Dakota:

On September 26, the amended State Health Officer order 2020-06.01 was rescinded, removing the requirement that “close contacts” of COVID-19 positive patients quarantine pursuant to order #2020.06.1. See the full order #2020-06.2 here.

On September 23, the State Health Officer order #2020-06 was amended so that, in addition to “household contacts” all “close contacts” of COVID-19 positive patients would be required to quarantine.

Ohio:

On September 24, Governor DeWine released Ohio's updated Public Health Advisory System map. New health data compiled by the Ohio Department of Health found that nine counties currently have a very high risk of exposure and spread: Ashland, Butler, Delaware, Mercer, Montgomery, Pike, Putnam, Scioto, and Stark. A total of 67 counties stayed at the same level as last week, and Portage County dropped from Level 3 to Level 2.

Governor DeWine also announced that Ohio's ResponsibleRestart guidelines for higher education will now include a recommendation that all residential colleges and universities regularly test a sample population of asymptomatic students. The updated ResponsibleRestart Ohio guidance will be posted to coronavirus.ohio.gov in the next few days.

Next, Governor DeWine issued the Director's Order to Limit Access to Ohio's Intermediate Care Facilities for Individuals with Intellectual Disabilities and to Permit Visitation. Intermediate care facilities for Ohioans with developmental disabilities can resume indoor visitation beginning on Monday, September 28, if safety standards outlined in the order are met.

Furthermore, nursing homes and assisted living facilities can begin allowing indoor visitation on Monday, October 12. This date was selected to allow adequate time for the facilities to prepare their physical plants, adjust staffing levels, update visitation policies, and communicate expectations with residents and families. Indoor visitation at nursing homes and assisted living facilities should only resume if certain safety standards are met. These standards will be outlined in a forthcoming public health order. When visitation resumes, a Long-Term Care Facility Dashboard will be added to the COVID-19 data dashboard at coronavirus.ohio.gov where users can access facility-specific visitation information.

Lastly, Lt. Governor Husted announced that the one-game-per-calendar-day limit on sports competitions has been removed from the current sports order, which will be available soon on coronavirus.ohio.gov. This change comes over a month after the most recent guidelines were published with evidence showing that events have gone on without any noticeable increase in spread.

Oregon:

On September 25, after two weeks of averaging only two new cases of COVID-19 per week, Lincoln County’s application for entering Phase 2 has been approved. With a positivity rate of below 2%, Lincoln County will move to Phase 2 reopening effective September 29.

On September 28, Governor Brown established a new moratorium preventing residential evictions for non-payment and other no-cause evictions between September 30 and December 31, 2020. EO 20-56 establishes a new, temporary residential eviction moratorium through the end of the year – the full text is available here.

Texas:

On September 25, 2020, Governor Abbott announced the allocation of over $171 million in funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act which will primarily be used for targeted rental assistance for Texans at risk of becoming homeless due to eviction. The funding will also allow the Supreme Court of Texas, the Office of Court Administration, and the Texas Department of Housing and Community Affairs (TDHCA) to work in partnership with local governments and non-profits and the newly created Texas Eviction Diversion Program to help renters stay in their homes, catch up on missed rental payments, and avoid an eviction on their records.

Washington:

On September 24, Governor Inslee announced new requirements for commercial airports and recommendations for airlines. The new Commercial Service Airport Requirements are a statewide approach to the COVID pandemic to ensure the health and safety of employees, passengers and crewmembers working and traveling to and from the state’s aviation sector. The guidance will require face coverings in the airport; signage and spacing for physical distancing; protective barriers between travelers and workers; sanitizer and disinfectant protocols; and that airport vendors and businesses follow state and county health agency requirements.

It also strongly encourages airlines to establish health screening questionnaires for passengers regarding potential COVID-19 exposure or symptoms, and to require passengers abide by face covering and physical distancing requirements in order to be issued a boarding pass.

On September 25, Governor Inslee extended a proclamation related to the Washington residency requirement for public university tuition waivers in response to the COVID-19 pandemic. This proclamation suspends the residency requirement that allows public university graduate students to receive tuition waivers in exchange for performing teaching and research functions. The proclamation is extended through November 9, and the full text is available here.

September 24, 2020

Indiana:

Governor Holcomb signed Executive Order 20-43 – Back on Track Indiana: Stage Five – The New Normal During a Global Pandemic. Under the order, all individuals, businesses, entities and counties in the state will be permitted to transition into Stage 5, which will continue until 11:59 p.m. on Saturday, October 17, 2020, unless further extended. In Stage 5:

• Individuals are still subject to the Face Covering Requirement, with limited exceptions.
• Businesses and entities situated in or operating in the state must have COVID-19 Response Plans and follow social distancing requirements.
• The previous capacity requirements for bars and restaurants are rescinded and replaced with the following restrictions: (1) all patrons must remain seated while remaining on the premises; and (2) seating must be arranged and maintained so that individuals, households, or parties are spaced at least six feet apart from any other individual.
• Gatherings of more than 500 people are only allowed if an event plan is submitted to local health official before proceeding and the plan is approved by the local health official.

Governor Holcomb also signed Executive Order 20-44, which is the seventh renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak. The declaration is renewed for an additional thirty days, past its previous expiration date of October 2, 2020. The declaration is now set to expire on November 1, 2020, unless further renewed.

Kansas:

On September 23, Governor Laura Kelly signed Executive Order #20-66 to provide for the extension of drivers’ licenses that would expire before January 26, 2021. The order sets a staggered deadline for vehicle registrations depending on when a vehicle was purchased. The specific registration deadlines are outlined in the Order.

Maryland:

On September 24, Governor Hogan announced that Maryland’s COVID-19 positivity rate has dropped to a record-low of 2.57%, the state’s lowest case rate since July 11. The positivity rate for Marylanders under 35 is below 35% for the first time. Also, Maryland weekly unemployment claims are at their lowest since March 11. Governor Hogan also announced the return of fall sports for local school systems. Each local school system will now have the ability to officially start the interscholastic athletic fall season in secondary schools beginning on Wednesday, October 7, 2020.

Ohio:

On September 24, Governor Mike DeWine announced that Ohio Department of Health Interim Director Lance Himes signed an order to reopen self-serve food stations.

September 23, 2020

Florida:

(Miami-Dade County): Mayor Gimenez issued Amendment No. 2 to Emergency Order 28-20 which, effective September 24, 2020 updates the applicable version of the “Moving To A New Normal Handbook.” Mayor Gimenez also issued an Executive Order extending the state of local emergency for an additional 7-day period, beginning on September 24, 2020, and issued an affidavit explaining the extension. Additional affidavits will follow every 15 days as necessary.

Iowa:

On September 23, Governor Reynolds announced that 65 applicants have been awarded up to $100,000 under the Coronavirus Relief Fund Employer Innovation Fund Grant, totaling to more than $4.3 million in awards. The grant funds will assist local employers, nonprofits, high schools, and colleges in providing postsecondary training and education to Iowans whose employment has been impacted by the Coronavirus pandemic.

Kentucky:

On September 22, Governor Beshear announced that Kentucky has been approved by the Federal Emergency Management Agency (FEMA) for an additional three weeks of LWA payments. Eligible Kentuckians will receive $400 for the weeks of Aug. 22, Aug. 29, and Sept. 5 for each week a claimant meets the criteria.

Eligibility criteria:

• Individuals who qualify for a weekly benefit of at least $100 per week in unemployment compensation for each week covered by FEMA’s LWA
• Individuals who have self-certified that their employment has been impacted by the COVID-19 pandemic

Payments will be automatically processed for claimants who meet the weekly benefit criteria and have already provided a self-certification. Claimants meeting the weekly benefit requirement who have not yet self-certified will be given an opportunity to provide the required self-certification, and those claimants will receive the benefit so long as FEMA funding remains.

New Jersey:

Governor Murphy advised individuals traveling to New Jersey from states or territories with significant community spread of COVID-19 to quarantine for a 14-day period from the time of last contact within the identified state or territory. The updated advisory includes five additional states — Arizona, Minnesota, Nevada, Rhode Island, and Wyoming — bringing the total to 35 states and territories. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

There are currently 35 states and territories that meet the criteria stated above: Alabama; Alaska; Arkansas; Arizona; Delaware; Florida; Georgia; Guam; Iowa; Idaho; Indiana; Illinois; Kansas; Kentucky; Louisiana; Minnesota; Missouri; Mississippi; Montana; North Carolina; North Dakota; Nebraska; Nevada; Oklahoma; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; Wisconsin; West Virginia; and Wyoming.

New York:

Governor Cuomo announced that five states—Arizona, Minnesota, Nevada, Rhode Island, and Wyoming—have been added to New York State's COVID-19 travel advisory. No areas have been removed. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

There are currently 35 states and territories that meet the criteria stated above: Alabama; Alaska; Arkansas; Arizona; Delaware; Florida; Georgia; Guam; Iowa; Idaho; Indiana; Illinois; Kansas; Kentucky; Louisiana; Minnesota; Missouri; Mississippi; Montana; North Carolina; North Dakota; Nebraska; Nevada; Oklahoma; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; Wisconsin; West Virginia; and Wyoming.

North Carolina:

On September 22, Governor Cooper announced that some North Carolina small businesses that have experienced extraordinary disruption to their operations due to COVID-19 may benefit from a $40 million relief program to help offset fixed costs like rent, mortgage interests and utility bills.

The N.C. Mortgage, Utility and Rent Relief (MURR), administered by the North Carolina Department of Commerce, can provide up to $20,000 in relief funds per qualifying business location. Business applicants from certain industry sectors that have not been able to operate during the COVID period may apply for up to two of their business locations.

Applicants can apply for up to four months of mortgage interest or rent expenses, and utility expenses. The help offers relief for some of the fixed costs a business cannot easily control on its own. Applications to the program should open next week and will be handled on a first-come, first-served basis. Applicants must certify that: (1) they were closed during the period April 1 through July 31, 2020; (2) they expect to be able to operate after the COVID crisis has passed; and (3) they have not been reimbursed by any other federal source for the expenses for which they seek reimbursement through this program.

Business leaders can learn about the MURR program by registering for one of the free educational webinars offered by the Department of Commerce over the next two weeks.

Eligible applicants include:

• Amusement parks
• Banquet Halls (with catering staff)
• Bars, taverns, night clubs, cocktail lounges
• Bingo parlors
• Bowling alleys/centers
• Dance halls
• Indoor fitness and recreation centers
• Motion picture/movie theaters (except drive-ins)
• Museums

Furthermore, Governor Cooper and NC DHHS Secretary Dr. Cohen announced that effective October 2, large outdoor venues would be permitted to open at 7% capacity with key safety precautions in place. Large entertainment venues are those that can seat over 10,000. The announcement was made in advance so these locations could begin putting safety measures in place in order to operate.

State and public health officials also added they will continue watching the key COVID-19 trends over the next week to determine if any further restrictions can be eased when the current Executive Order expires October 2 at 5 pm. Governor Cooper stated, “In [the order], we hope to ease some other restrictions, while still keeping safety protocols like masks, social distancing, and mass gathering limits in place.”

Oregon:

On September 23, Governor Brown issued a statement about Oregon’s September revenue forecast, praising Oregon workers and business owners for their resiliency during the COVID-19 pandemic, while cautioning that some communities have been disproportionately affected by the COVID-19 pandemic. Governor Brown stated that despite positive revenue projections, the forecast doesn’t balance the upcoming budget due to myriad expenses stemming from the COVID-19 response efforts that will become more burdensome once CARES Act funding expires at the end of the year.

Utah:

On September 19, 2020, Governor Herbert issued an Executive Order that again placed Utah under a state of emergency. Under the new State of Emergency, the governor will only take certain executive actions, such as suspending statutes, if asked to do so by the Public Health and Economic Emergency Commission. For more information on this policy, see the governor’s letter to legislative leadership.

Virginia:

On September 21, 2020, Governor Northam announced that Rebuild VA, the $70 million economic recovery fund launched in August, is expanding its eligibility criteria to allow more small businesses to apply. Businesses that received funding from the CARES Act and supply chain partners of businesses whose normal operations were impacted by the COVID-19 pandemic are now eligible to receive grants of up to $10,000. Businesses that have received federal funds must certify that they will only use the Rebuild VA grant for recurring expenses and that the grant will not be used to cover the same expenses as the other CARES Act funds. Eligible businesses and nonprofits must demonstrate that their normal operations were limited by Governor Northam’s Executive Orders Fifty-Three or Fifty-Five, or that they were directly impacted by the closure of such businesses. Businesses must also certify that they have not received grant or loan dollars from federal, state, or local CARES Act funded programs, or if they have received CARES Act funding, that they will use the Rebuild VA grant only for recurring expenses.

Rebuild VA still requires that businesses and nonprofit organizations must be in good standing, have annual gross revenues of no more than $1.5 million, and have no more than 25 employees. Rebuild VA funding may be utilized for the following eligible expenses:

• Payroll support, including paid sick, medical, or family leave, and costs related to the continuation of group health care benefits during those periods of leave;
• Employee salaries;
• Mortgage payments, rent, and utilities;
• Principal and interest payments for any business loans from national or state-chartered banking, savings and loan institutions, or credit unions, that were incurred before or during the emergency;
• Eligible personal protective equipment, cleaning and disinfecting materials, or other working capital needed to address the COVID-19 response.

September 22, 2020

Colorado:

Governor Polis recently amended the State’s safer-at-home order and extended his order permitting the resumption of elective surgeries. The Colorado Department of Public Health and Environment (“CDPHE”) also issued amended public health orders in response to the Governor’s actions.

Executive Order D 2020 199 modified the safer-at-home order to allow CDPHE to authorize the sale of alcoholic beverages for on-premises consumption at restaurants and certain bars until to 2:00 a.m. MDT. CDPHE’s Amended Public Health Order 20-35, however, stopped well short of allowing the sale of beverages until 2:00 a.m. Instead, the order staggers the cut-off point for alcohol sales depending upon the restaurant’s county of residence’s status in the State’s “Dial Framework.” So, restaurants located in counties in the Dial Framework’s Safer at Home Level 1 category may sell alcohol until 12:00 a.m., while restaurants in those counties in the Safer at Home Level 2 and Level 3 categories may sell alcohol until 11:00 p.m. and 10:00 p.m., respectively. The order remains in effect until October 19, 2020.

Executive Order D 2020 198 extended without modification the Governor’s prior order allowing elective or voluntary medical procedures and surgeries to October 19, 2020. Likewise, CDPHE issued an Amended Public Health Order 20-29 to extend its prior order authorizing elective or voluntary medical procedures to October 19, 2020.

Florida:

(Palm Beach County): On September 21, County Administrator Verdenia Baker extended Executive Order 2020-012, requiring the wearing of face coverings in business establishments and public spaces, through 12:01 a.m. on October 22, 2020.

Hawaii:

(Hawaii County): On September 16, Mayor Kim extended, with Governor Ige’s approval, Emergency Rule No. 11 through September 30, 2020, effective immediately.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Wisconsin, Puerto Rico, Montana, Idaho, and Minnesota effective Friday, September 25 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. Wisconsin, Puerto Rico, and Idaho will rejoin the list having previously been included and removed. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents.

Maryland:

On September 18, Governor Hogan ordered further relaxation of COVID-19 related restrictions, effective immediately. Under the order, outdoor public spaces such as parks and beaches can open after consultation with the county health officer and subject to required compliance with CDC health directives. Religious facilities and retail establishments and restaurants are allowed to open at 75% capacity. Manufacturing businesses and facilities, outdoor recreation facilities (such as golf courses) may open. Personal services establishments (such as beauty salons), indoor recreation facilities (such as bowling alleys and skating rinks), gaming facilities (such as casinos) and fitness centers may open at 50% capacity. The order states that all senior citizen activity centers shall remain closed and continues to require that all Maryland citizens over five years old wear a mask in public areas.

Nebraska:

On September 22, Governor Ricketts held a press briefing to provide updates on Nebraska’s response to the coronavirus pandemic.

Topics of the press briefing included Governor Ricketts updating on testing measures; Tim Meyers (President of WellCare of Nebraska) updating on Medicaid health plans; Angie Ling (Incident Commander for the Nebraska Department of Health and Human Services) updating on state-sponsored, no-charge housing programs to accommodate certain individuals required to quarantine; Gina Uhing (Health Director for the Elkhorn Logan Valley Public Health Department) updating on school quarantine and isolation guidelines; and Commissioner Blomstedt updating on school systems generally.

New Mexico:

Late last week, Governor Grisham and the New Mexico Department of Public Health issued orders extending the State’s proclaimed public health emergency until October 16, 2020, and lessening restrictions on certain outdoor activities.

The amended Public Health Order authorizes the following activities:

• Youth sports conditioning and skills development, with no more than 10 individuals in any one group, in accordance with COVID-Safe Practices;
• Pick-your-own pumpkin patches that operate in accordance with COVID-Safe Practices for agri-tourism businesses;
• Swimming pools may allow 10 individuals in a pool at any one time; and
• Ice skating rinks may operate for athletic training and practice by reservation only.

The order remains in effect until October 16, 2020.

Rhode Island:

On September 18, 2020, Governor Raimondo issued Executive Order 20-77 extending Executive Order 20-37 (Thirty-Fourth Supplemental Emergency Declaration – Increasing State COVID-19 Response Capacity) until October 20, 2020.

Tennessee:

(Knox County): On September 16, 2020, the Knox County Board of Health passed an amended resolution that orders restaurants and bars that serve alcohol to close at 11:00 p.m. The resolution goes into effect on September 18, 2020 and will last for 28 days. The board also passed a resolution to limit gatherings to ensure that no more than 25 persons congregate within the same 900 square feet unless they are residing the in the same household.

• Draft of Sept. 16 Curfew Regarding the Sale or Consumption of Alcoholic Beverages in Certain Establishments [PDF]
• Draft of Sept. 16 COVID-19 Social Group Transmission Suppression Regulation [PDF]
• Aug. 5 Revised COVID-19 Suppression in Bars Regulation [PDF]
• COVID-19 Suppression in Bars Regulation [PDF]
• Knox Co. Board of Health COVID-19 Community Education Recommendation [PDF]
• Governor Lee's Tennessee Pledge
• City & County COVID-19 Phased Reopening Plan

Washington:

On September 22, Governor Inslee issued guidance for certain venues, including convention/conference centers, designated meeting spaces in hotels, events centers and other similar venues as part of Washington's Safe Start phased reopening plan. The guidance allows business meetings, professional development training and testing, and substantially similar activities to occur away from business premises and with additional attendees, as long as all requirements are met. Detailed requirements are found on the guidance document, and the associated memo.

Wisconsin:

On September 22, 2020, Governor Evers declared a new public health emergency in Executive Order #90, as well as reissued Emergency Order #1, requiring face coverings for an additional 60 days. The mask mandate is essentially identical to the Emergency order that went into effect on August, 1, 2020, and requires every individual, age five or older, to wear a face covering in an enclosed space (other than a private residence) while in the presence of others who are not members of the individual’s household. The public health emergency and mask mandate are to remain in effect until November 21, 2020.

September 21, 2020

Florida:

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency which further extends the state of emergency through September 25, 2020.

County Administrator Verdenia Baker also issued an Order which clarifies Emergency Order 24 (which implemented Step 1 of Palm Beach County’s Phase 2 reopening), and states that clubhouses, banquet halls, ballrooms, and other rental spaces may open for meetings and uses authorized in previous emergency orders, including seated meal service, subject to the requirements outlined in the Order. The Order took effect on September 19, 2020 and expires on expiration of the existing State of Local Emergency.

Illinois:

Region 7, consisting of Kankakee and Will County, rejoined most of Illinois under Phase 4 of Governor Pritzker’s Restore Illinois Plan. On September 18, Governor Pritzker filed Executive Order 2020-55 rescinding Executive Order 2020-53 which imposed additional Mitigation Measures in Region 7. Under Phase 4, meeting, social event and gathering capacity in Region 7 will now be limited to the lesser of 50 people or 50 percent of overall room capacity. Additionally, indoor service at bars and restaurants can resume. Phase 4 guidelines can be found here.

Iowa:

On September 18, Governor Reynolds signed a Proclamation of Disaster Emergency. The Proclamation extends the closure of bars in Johnson and Story Counties through September 27, 2020 at 11:59 p.m. and extends the restrictions applicable to bars in all other counties October 18, 2020 at 11:59 p.m., as originally set forth in the proclamation issued by Governor Reynolds on September 15, 2020.

Effective through October 18, 2020 at 11:59 p.m.:

• Fitness centers, casinos and gaming facilities, senior citizen centers and adult daycare facilities, salons and barbershops, medical spas, theaters and performance venues, racetracks, malls, and other establishments such as museums, zoos, libraries, among others, may all re-open, subject to social distancing and subject to Guidance issued by the Iowa Department of Public Health Guidance;
• Mass gatherings, including social, community, recreational, sporting, or religious gatherings are permitted where social distancing may be maintained;
• Nonessential and elective surgeries may be conducted, but hospitals must maintain sufficient PPE and reserve beds for COVID-19 patients;

The 30-page proclamation also implements and extends a number of other measures pertaining to the following, among others:

• Monitoring of staff for COVID-19 symptoms;
• School operations;
• Healthcare operations;
• Professional licensing relief;
• Food establishment operations;
• Legal operations such as warrants and governmental hearings;
• Veterans assistance;
• Construction.

Kansas:

On September 17, Governor Laura Kelly announced the State Finance Council (SFC) today unanimously approved a total of $290 million for the public health, essential needs and services, and business resiliency and workforce development programs previously recommended by the Executive Committee of the Strengthening People and Revitalizing Kansas (SPARK) Taskforce. Governor Kelly said, “These funds will provide child supervision for parents with school-age children to ensure they can keep working, reduce evictions, and provide tools to help slow the spread of COVID-19.”

Recognizing the constantly evolving health and economic needs created by the pandemic, the recommendations do not allocate all the funds immediately. Rather, the Office of Recovery will monitor demand for the funds from approved programs and submit additional allocations to the State Finance Council for approval. Each program requires a minimum be invested in an area of emphasis, which include COVID-19 testing, housing stability, and remote learning centers for school-age children. If those areas of emphasis do not require more funding, the remaining dollars in the reserve fund can be allocated to previous programs approved by the SFC in round 2.

Louisiana:

On September 17, Governor John Bel Edwards altered his Phase 3 order to allow the on premises sale and consumption of alcohol until 11 p.m. at restaurants, casinos and bars in parishes that are eligible to opt in to reopen bars. However, all bars must still close by 11 p.m.

The Governor’s order previously ended the sale or service of alcohol for on-site consumption at 10 p.m. as part of mitigation measures recommended by the White House and designed to reduce the spread of COVID-19 across the state. While bars remain closed for on-site consumption in some areas, in parishes with lower incidence of COVID, local government may opt in to open their bars. Four parishes that are eligible have opted in so far: Acadia, Jefferson Davis, St. Landry and Plaquemines.

On September 18, Governor John Bel Edwards announced Louisiana will move to quickly implement new guidance from the federal government easing restrictions on visits to nursing homes during the COVID pandemic. The new guidance issued by the Centers for Medicare and Medicaid Services late Thursday allows nursing homes to conduct outdoor visitation with social distancing. Nursing homes located in parishes with no more than 10 percent test positivity and without any new onset of COVID cases in the last 14 days can allow indoor visitation. CMS does recommend a number of mitigation measures, including that nursing homes limit how many visitors a resident can have at one time, as well as limiting the number of visitors that can be in the facility at once. The guidance also provides that face coverings, social distancing of at least six feet between people should be adhered to at all times and that all visitors must be screened for symptoms of COVID-19, including fever.

Maine:

On September 17, Governor Mills issued an executive order reinstating weekly work search activity requirements for all unemployment claimants in order to retain eligibility to receive unemployment benefits beginning on October 4.

Further, Governor Mills announced on September 21, that her Administration will launch a second phase of the Maine Economic Recovery Grant Program beginning Wednesday, September 23, 2020. Phase 2 will make available approximately $95 million in remaining funds from Phase 1 and expand access to the program by increasing the number of eligible businesses and non-profits. Under Phase 2, businesses and non-profits that employ up to 250 people will be eligible for grant rewards, as opposed to the 50-employee maximum of Phase 1. Applications for Phase 2 will be accepted Wednesday, September 23, 2020 through Friday, October 23, 2020, at 11:59 p.m. with grants expected to be awarded in late November. Additional information about the Maine Economic Recovery Grant can be found here.

Maryland:

On September 20, Governor Hogan announced new milestones in the fight against COVID -19. The statewide seven-day positivity rate dropped below 3% for the first time, and the daily positivity rate dropped below 2% for the first time. Hospitalizations have dropped below 300 and ICU levels have dropped below 70, down to their lowest levels since March.

On September 21, Governor Hogan announced a COVID-19 Serology Testing Study for Maryland Firefighters which will give health officials a better idea of the prevalence of the virus. This initiative, currently active in seven jurisdictions, is a key part of the Maryland Department of Health’s (MDH) ongoing statewide COVID-19 antibody study to determine how many Marylanders have been exposed to COVID-19. Participants receive serology testing and diagnostic kits, sample collection supplies, logistical services to deliver supplies and pick up samples, and sample collection training. The test consists of a blood draw to produce samples, which are sent to the State Public Health Laboratory for analysis. The lab processes the samples and provides results, typically within 24 hours.

Missouri:

(City of Columbia/ Boone County): The City of Columbia issued Order No. 2020-11 and Boone County issued order No. 2020-11C, which took effect on September 18, 2020, which extends phase two, step three, of its reopening plans until October 6, 2020, at 11:59 p.m. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Must close by 10:30 p.m., but may continue curb-side and off-premise delivery of food,
  • Are limited to ten persons per table,
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Child care services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

Nevada:

On September 17, Nevada Health Response released an updated list of counties that are considered to have an elevated risk of transmission of COVID-19. In accordance with New Normal Plan, counties on the high transmission risk list must create action plans targeting sources of infection and community spread and submit the plans for review and approval by the Nevada COVID-19 Mitigation and Management Task Force. Eureka, Churchill, and Washoe County have dropped off the list and Lyon and Mineral County have been added to the list. The following 4 counties remain flagged as high-risk counties: Clark County, Elko County, Lyon County, and Mineral County.

Additionally, the Task Force approved Clark County and Elko County’s plans to reopen bars, pubs, taverns, breweries, distilleries, and wineries with certain restrictions in place, to be effective beginning on September 20, 2020 11:59 p.m. At a minimum, the reopened businesses must follow statewide standards and enforcement measures, which include required face coverings for employees and customers, a 50% capacity limit, and that all standing and open congregation areas in bars that are not necessary for the preparation and service of food or beverages remain closed, including but not limited to areas for games or dancing. Clark County’s additional COVID-19 protocols for establishments that sell alcohol can be found here.

New Hampshire:

On September 18, Governor Sununu issued an emergency order extending Executive Order 2020-04 until October 9, 2020. Executive Order 2020-04 declared a state of emergency due to Coronavirus (COVID-19).

New York:

Governor Andrew Cuomo today announced the signing of Executive Order No. 202.64, extending the state's moratorium on COVID-related commercial evictions and foreclosures an additional month, until October 20. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants.

North Carolina:

On September 17, Governor Roy Cooper announced that beginning on October 5, North Carolina public school districts and charter schools can choose to implement Plan A for elementary schools (grades K-5). As the Governor announced in July, every district will continue to have flexibility to select Plan A, B or C based on their unique needs. In addition, districts should still provide an option for families to select all remote learning for their students. Plan A continues to include important safety measures like face coverings for all students, teachers and staff, social distancing, and symptom screening, but does not require schools to reduce the number of children in the classroom.

North Dakota:

On September 21, interim State Health Officer Dr. Paul Mariani lifted the 14-day quarantine order for those returning from international travel. The original order was given on April 8 and was last amended on July 28. Dr. Mariana cautioned that “individual countries may have their own restrictions that impact travel” and to “check with your destination’s Ministry of Health for the most up-to-date information.”

Ohio:

On September 17, Governor Mike DeWine released Ohio's updated Public Health Advisory System map. New health data compiled by the Ohio Department of Health found that five counties currently have a very high risk of exposure and spread: Butler, Mercer, Montgomery, Portage and Putnam. A total of 69 counties stayed at the same level as last week, and one county, Preble, dropped from Level 3 to Level 2.

In addition to the five Level 3 counties listed above, five additional counties meet the Centers for Disease Control and Prevention's definition of high incidence: Athens, Delaware, Greene, Harrison, and Pickaway. Although these counties do not meet enough indicators to trigger a Red Level 3 Public Emergency, these counties have had more than 100 cases per 100,000 residents over the last two weeks which could lead to rapid virus transmission if steps are not taken to slow the spread.

Governor DeWine also announced that the state is releasing the Rapid Response Guide for Migrant and Seasonal Farmworkers. This guide will support local health districts in developing culturally appropriate plans to respond to outbreaks in the migrant and seasonal farmworker communities. A copy of the guide will be available here. In addition, the Ohio Department of Health is awarding $2.6 million in CARES Act funding to agricultural camp operators to improve the health and safety of migrant workers worksites and camps to reduce the transmission of COVID-19.

Next, Governor DeWine provided an update on Ohio’s Coronavirus Wastewater Surveillance Network. Since mid-July the network has been monitoring income waste at wastewater treatment plants around the state to test for gene fragments of COVID-19. Ohio is currently testing in more than 30 cities across the state and will expand testing to more than 50 locations in the next month. The state will continue to closely monitor the wastewater data and ensure communities are aware of trending increases in gene copies to assist with quick response and prevent further spread of disease. More information about the program can be found here.

Additionally, Governor DeWine announced that the Ohio Department of Job and Family Services (ODJFS) has started distributing $300 per week in Lost Wages Assistance to eligible unemployment insurance recipients. This assistance is available to Ohioans who received traditional unemployment benefits, Pandemic Unemployment Assistance (PUA), Trade Readjustment Assistance, SharedWork Ohio or extended benefits for weeks ending August 1 through September 5. PUA claimants will receive payments first, in a staggered manner with individual payments for each week they qualified for the program. For Ohioans receiving other types of unemployment benefits, there will be one retroactive payment for all weeks they qualify. Currently ODJFS is working to complete the programming necessary to disperse payments. Updates on this process can be found here.

Oregon:

On September 18, Governor Brown announced changes to the County Watch List, including that Umatilla and Morrow Counties have succeeded in reducing the spread of COVID-19 sufficiently enough to be removed from the County Watch List. Governor Brown added that Morrow County's application to move to Phase 2 of reopening has been approved, effective immediately. No additional counties were added to the County Watch List, and Malheur County remains a particular area of concern for state officials.

On September 21, the state newsroom reported that more than 130,000 Oregonians will receive a special mailing this month from the IRS encouraging them to see if they’re eligible to claim an Economic Impact Payment. The IRS will mail the letters to people who typically aren’t required to file federal income tax returns but may qualify for an Economic Impact Payment. The letter urges recipients to visit the special Non-Filers: Enter Payment Info tool on IRS.gov before the Oct. 15 deadline to register for an Economic Impact Payment. Individuals can receive up to $1,200, and married couples can receive up to $2,400. People with qualifying children under age 17 at the end of 2019 can get up to an additional $500 for each qualifying child. For more information on eligibility requirements, see the Economic Impact Payment eligibility FAQ on IRS.gov.

South Dakota:

On Friday, September 18, Governor Kristi Noem announced her plan to disperse up to $100 million in Coronavirus Relief Funds (CRF) to community-based healthcare providers. Under the plan, there are two eligibility requirements: (1) the provider rendered services reimbursed by the state’s Medicaid program or other federal or state funding through South Dakota’s Department of Social Services, Department of Corrections, or Department of Human Services; and (2) the provider experienced (and can prove) a “reduction in business” in lost revenue between March-August, 2020, when compared to March-August 2019. The following provider-types are “community-based” for the purposes of the CRF:

• Nursing Homes and/or Skilled Nursing Facilities
• Assisted Living Facilities
• Residential Treatment Facilities for Youth, i.e. Group Care, Psychiatric Residential Treatment, and Independent Living
• Senior Nutrition Provider
• In-home services for the elderly
• Adult Day Services
• Assisted Daily Living Services Waiver Providers
• Intellectual and Developmental Disabilities Services, i.e. CHOICES Medicaid Waiver, Family Support 360 Medicaid Waiver, Community Training Services, and Intermediate Care Facility for Individuals with Intellectual Disabilities
• Behavioral Health, including Substance Use Disorder and Mental Health

Providers may apply for the grant from October 12-23, 2020, and funds received must be expended by December 30, 2020.

Tennessee:

(Nashville/Davidson County): The Chief Medical Officer of Nashville/Davidson County issued Second Amended and Restated Order 11 for Nashville and Davidson County, which continues the pause in portions of phase III and extends hybrid phase II of the City and County Roadmap for Reopening Nashville. The Second Amended and Restated Order 11 is effective September 18, 2020 through September 30, 2020 and makes the following changes to the Amended and Restated Order 11:

• Section 4 was revised as follows:
  • Limited service restaurants and bars that hold an on-premise beer permit, but not a license issued by the Tennessee ABC, may now serve up to 50 patrons per floor and 50 patrons outdoors, not to exceed 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code, so long as patrons are equally distributed throughout the indoor space.
  • Restaurants may now stay open until 11:00 p.m.
• Section 7 was revised to allow community, civic and sporting events, parades, concerts, festivals, conventions, fundraisers, private gatherings and similar activities to remain open until 11:00 p.m.
• Section 12 was revised to increase the capacity of so-called “transpotainment.” Pedicabs and pedal carriages may now operate at 50% capacity up to 15 people of the same party, may serve passengers until 11:00 p.m., and may allow alcohol to be consumed by seated persons.
• Section 13 was revised to allow sexually oriented businesses to remain open until 11 p.m. and to increase capacity to the lesser of 50 patrons per floor or 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code on premises.

The Chief Medical Director of Nashville/Davidson County also issued the Third Amended and Restated Order 10 for Nashville and Davidson County, which continues the pause on portions of phase III and further modifies hybrid phase II of the City and County’s reopening plan. The Second Amended and Restated Order 10 applies only with respect to specified Downtown and Midtown areas and includes the following provisions:

• Continues prohibiting the consumption and possession of alcohol outside of licensed premises
• Increases the number of patrons at licensed Limited Service Restaurants to 50 patrons per floor and 50 patrons outdoors, not to exceed 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code permitted, provided patrons are equally distributed throughout the entire amount of indoor space
• Continues to limit the number of patrons at licensed Restaurants to the lesser of 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code or 100 patrons per floor
• Limited Service Restaurants and Restaurants must continue to comply with numerous specified protocols, including but not limited to:
  • Distributing patrons equally through their space
  • Conforming with CDC and City guidance regarding mask wearing, hand sanitation, and other social distancing measures
  • No ancillary or participatory activities such as arcade games, darts, axe throwing, etc.
  • All patrons must be off premises and the premises closed between 11:00 p.m. and 5:00 a.m.
  • Bar counter areas may open at 50% or less of counter capacity and customers are not permitted to stand at the bar
  • Live music and entertainment continues to be permitted in accordance with issued guidelines, including that temperatures will be checked upon arrival, musicians will be staged at least 15 feet from patrons, no dance floor is permitted, and performers may not share equipment
• Increases the number of patrons permitted at bars having a beer permit but not a license issued by the Tennessee ABC to no more than 50 patrons per floor and 50 patrons outdoors, not to exceed 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code, provided patrons are equally distributed throughout the entire amount of indoor space

The Second Amended and Restated Order 10 is effective September 18, 2020 through September 30, 2020.

Washington:

On September 21, Governor Inslee announced updated guidance for agritourism as part of Washington's Safe Start phased reopening plan. Effective September 21, all agritourism activities are allowed to operate in Modified Phase 1 counties under Phase 2 guidance. While the full guidance is available here, under the September 21 update, agritourism businesses are now permitted to offer the following additional activities:

• Animal viewing
• Hay/wagon/train rides
• Children’s play equipment/games
• Private firepit/bonfires

A full list of current guidance is available for Modified Phase 1 here.

Wisconsin:

(Milwaukee): Milwaukee County issued Administrative Order 20-7v3, effective 12:01 a.m. on September 21, 2020 at 12:01 a.m., outlining Procedures for Responding to Confirmed COVID-19 Cases, Symptomatic Individuals, and Individuals Exposed through Close Contacts (the “Procedures”). The Procedures apply to all Milwaukee County employees, contractors, and vendors, but specifically excludes Health Care Workers or Critical Infrastructure Workers.

The order outlines various scenarios and procedures for County employees to follow, including:

• What to do when an employee, contractor, or recent visitor has a Confirmed Case of COVID-19;
• What to do when an employee or contractor calls in sick with COVID-19 symptoms, reports to work with symptoms, or develops symptoms while at work, or when a visitor to a County location exhibits symptoms while at a County location;
• What to do when an employee or contractor has Close Contact with a person with a Confirmed Case of COVID-19;
• What to do when a Critical Infrastructure employee or contractor has Close Contact with a person with a Confirmed Case of COVID-19; and
• Self-Isolation and Self-Quarantine Guidance.

Generally, the order states that the local public health authority will conduct contact tracing for individuals testing positive for COVID-19 and will give quarantine orders to Close Contacts when an employee, contractor, or recent visitor has a Confirmed Case of COVID-19. The order states that employees or visitors to a county facility who have COVID-19 symptoms should return home and follow the guidelines outlined in Section III.A. For employees and contractors that have had Close Contact with a Confirmed Case, the order directs the employee or contractor not to report to work, however there are exceptions to this directive for Critical Infrastructure services. The order also outlines supervisor actions and return to work policies for each of the above scenarios. Finally, the order gives instructions and guidelines for those who are subject to isolation and quarantine.

Wyoming:

Governor Gordon extended the public health orders set to expire on September 15. The new orders now expire September 30. However, the extended orders did not necessarily mean more restrictions for Wyoming residents. In fact, the gatherings order now permits indoor close-contact group activities and sports such as basketball. The other indoor gathering restrictions remain unchanged—entities with social distancing and sanitation measures in place may allow up to 250 people in the building and businesses which chose to not implement such measures are limited to 50 people. The limitation for outdoor gatherings remains at 50% of the venue’s capacity with a maximum of 1,000 people.

September 17, 2020

California:

Under the Blueprint for a Safer Economy, California is slowly transitioning its counties away from the “Widespread Tier 1” category and its stringent limitations on social and economic activity. Since August 28, eight more counties have transitioned from Widespread Tier 1 to lower categories, leaving 30 of the State’s 58 counties in that tier. See our prior updates for a summary of the restrictions in Widespread Tier 1.

California also announced that the metrics for determining a county’s tier status have changed effective September 15, 2020. Case rates are now adjusted based on California’s median (instead of the average) testing volume and will be fixed from the week ending September 5 for the next four weeks assignments through October 6.

Colorado:

The Colorado Department of Public Health and Environment issued Public Health Order 20-35 (“Order”), which codifies the “Dial Framework” policy unveiled by Governor Polis earlier this week. The Order expressly supersedes Public Health Order 20-28 that established the State’s Safer at Home and in the Vast, Great Outdoors policy (“Safer at Home policy”). The Order, however, effectively incorporates the Safer at Home policy, in addition to detailing the Dial Framework’s five status categories that control the level of re-opening permitted by a county.

Florida:

(Miami-Dade County): Mayor Gimenez issued Amendment No. 1 to Emergency Order 28-20 which, effective September 18, 2020 permits the opening of (and indoor consumption of food and beverages at) movie theatres, concert houses, convention spaces, auditoriums, playhouses, bowling alleys, arcades, and indoor amusement facilities to open, subject to the requirements of the updated New Normal Guidebook. Mayor Gimenez also issued Amendment No. 1 to Emergency Order 29-20 which, beginning at 12:01 p.m. on September 18, 2020, permits limited competitive play (including scrimmages), but not organized inter-team sports or league games, and requires facial coverings to be worn on athletic fields.

Kansas:

(Johnson County): On September 17, the Johnson County Board of Commissioners voted to reaffirm Governor Kelly’s executive order requiring masks or other face coverings in indoor spaces in Johnson County, Kansas. The mask mandate is now extended until October 15, 2020.

North Dakota:

The North Dakota Department of Health and the North Dakota National Guard are sponsoring a free COVID-19 testing event this Saturday, September 19 in Trenton and in Grand Forks. This is an ongoing effort to provide free testing to as many individuals as possible. Information on all testing events can be found here.

Ohio:

On September 17, Governor DeWine and Director Ursel McElroy of the Ohio Department of Aging provided an update on testing in nursing facilities, assisted living facilities, adult day centers, and adult day cares. Adult day care and senior centers will open on September 21. The facilities will test staff every other week and participants if they present symptoms. Outdoor visitation started at Ohio nursing homes on July 20. The Department of Aging is working on a dashboard to increase transparency about the status of visitation at facilities across the state.

Texas:

On September 17, 2020, Governor Abbott held a press conference to provide an update on the state's ongoing efforts to combat COVID-19. During the press conference, the Governor issued Executive Order GA-30 expanding occupancy levels to 75% from 50% for most of Texas, effective September 21, 2020, for:

• Restaurants;
• Retail stores;
• Office buildings;
• Manufacturing facilities;
• Gyms and exercise facilities/classes;
• Museums; and
• Libraries.

At the same time, Governor Abbott said the state was not yet ready to reopen bars. The Order will remain in effect unless modified, amended, rescinded, or superseded by the Governor.

This expanded occupancy excludes areas with high hospitalizations—defined as any Trauma Service Area (TSA) that has had seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of all hospitalized patients exceeds 15%, until such time as the TSA has seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of all hospitalized patients is 15% or less. Using this metric, 19 of the 22 TSAs in Texas qualify to increase occupancy levels to 75%. Three of the 22 TSAs (S-Victoria, T-Laredo, and V-Lower Rio Grande Valley) must remain at 50% occupancy. These three TSAs contain the following counties: Calhoun, DeWitt, Goliad, Jackson, Lavaca, Victoria, Jim Hogg, Webb, Zapata, Cameron, Hidalgo, Starr, and Willacy.

Also at the press conference, Governor Abbot issued Executive Order GA-31, effective September 21, 2020, re-authorizing elective surgeries for a majority of the state. The three TSAs with high hospitalizations (S-Victoria, T-Laredo, and V-Lower Rio Grande Valley) must continue postponing elective surgeries until the hospitalization metric requirements are met. The Order will remain in effect unless modified, amended, rescinded, or superseded by the Governor.

Governor Abbott also announced new visitation guidelines, effective September 24, 2020, for:

• Nursing homes;
• Assisted living facilities;
• Intermediate care facilities;
• Home and community-based service providers; and
• Inpatient hospice.

Under the new guidance, residents will be allowed to designate up to two essential family caregivers who will be provided necessary training to allow them to safely go inside a facility for a scheduled visit, including in the resident’s room. Only one caregiver will be able to visit a resident at a time, but social distancing will not be required.

Facilities are required to train essential caregivers on the proper use of personal protective equipment (PPE) and other infection control measures. Proper PPE must be used at all times during these scheduled visits, and the caregiver must test negative for COVID-19 within the previous 14 days before the initial visit.

For general visitors who are not a designated an essential caregiver, these updated guidelines will allow facilities to schedule outdoor no-contact visits, open window visits, or indoor visitation with the use of Plexiglas safety barriers.

Washington:

On September 17, Governor Inslee updated Proclamation 20-28, also impacting Proclamations 20-05 and 20-68. The proclamation, initially issued in response to COVID-19, has been updated to allow in-person meetings for cities, counties and agencies where wildfires have substantially interrupted or degraded telecommunications services. This proclamation makes an exception to the general ban on in-person meetings in areas of the state that are unable to convene remote meetings because wildfires have significantly degraded telecommunications.

In-person meetings are limited to the number of people permitted to gather in the county in which the meeting will take place. Other requirements apply, including maintaining six feet of distance between attendees, wearing face coverings, and ratifying any action taken at the next regularly scheduled meeting.

This proclamation remains in effect until power is returned in the area or October 1, whichever occurs sooner. The full text of the proclamation is available here.

Additionally, on September 17, Governor Inslee announced updated guidance for weddings and funerals as part of Washington's Safe Start phased reopening plan. The update allows wedding and funeral receptions to resume, as long as they meet specific requirements.

• Receptions and ceremonies must be capped at 30 people, or 25% of venue occupancy, whichever is less.
• All tables at the reception must be seated by household, with table sizes capped at 5 people.
• Facial coverings are required, and social distancing must be maintained.

The full guidance document is available here, and an associated memo here.

September 16, 2020

Georgia:

On September 15, 2020, Governor Kemp issued Executive Order 09.15.20.01, which extends current COVID-19 guidelines and restrictions, including the provisions permitting mask mandates by certain local governments, until 11:59 p.m. on September 30, 2020. The Order extends guidance from recent “Empowering A Healthy Georgia” Orders, including a ban on gatherings of more than 50 people unless individuals remain six feet apart.

Illinois:

Illinois Region 7, consisting of Kankakee and Will county, may soon see its Mitigation Measures rolled back. The additional mitigations, effective August 26, were put in place a result of Region 7’s positivity rate in excess of 8 percent for three consecutive days. Notably, under the additional mitigations, indoor service at bars and restaurants is prohibited. Additionally, meeting, social event and gathering capacity is limited to the lesser of 25 guests or 20 percent of overall room capacity. The Region’s positivity rate dropped to 6.4 percent on September 15. If Region 7 maintains a positivity rate less than or equal to 6.5 percent for three consecutive days, it may join most of Illinois under Phase 4 of Governor Pritzker’s Restore Illinois Plan.

Additional Mitigation Measures were also put in place in Region 4 on September 2. The Region, consisting of Bond, Clinton, Madison, Monroe, Randolph, St. Clair and Washington counties, has not seen the same success as Region 7 in recent weeks. Region 4 has a current positivity rate of 8.9 percent.

Regional COVID-19 data can be found on the Illinois Department of Public Health’s website.

Iowa:

On September 15, Governor Reynolds signed a Proclamation of Disaster Emergency, which is effective beginning September 16, 2020 at 5:00 p.m. through September 20, 2020 at 11:59 p.m. In all counties except Johnson County and Story County, the Proclamation permits restaurants, wedding venues, bars, taverns, wineries, breweries, distilleries, country clubs, and other social or fraternal clubs to reopen, provided that the establishments (i) ensure at least six feet of distance between each group or individual, and (ii) implement reasonable measures to ensure social distancing of employees and customers and increase hygiene practices to reduce the risk of transmission of COVID-19.

In Johnson County and Story County, a restaurant, including a wedding reception venue, winery, brewery, distillery, country club, or other social or fraternal club may reopen or remain open to serve food and beverages on its premises, but only if the sale of alcoholic beverages comprises no more than half of the establishment’s monthly revenues and the establishment: (i) serves food to all customers who order a drink, (ii) ensures at least six feet of distance between each group or individual, (iii) implements reasonable measures to ensure social distancing of employees and customers and increase hygiene practices to reduce the risk of transmission of COVID-19, and (iv) limits the sale of alcoholic beverages between 6:00 a.m. and 10:00 p.m. Monday through Saturday and from 8:00 a.m. to 10:00 p.m. on Sundays.

In Johnson County and Story County, all bars, taverns, wineries, breweries, distilleries, night clubs, and other establishments that sell alcoholic beverage for consumption on their premises must remain closed to the general public, except for (i) carry-out, drive through, or delivery service; (ii) private gatherings hosted at an establishment; (iii) bars located in hotels, casinos, movie theaters, or sporting venues may permit the consumption of alcohol by guests on a casino floor, inside an individual theater, or in a person’s hotel room; and (iv) an establishment that prepares and serves food and obtains at least half of its monthly revenue from the sale of food may remain open and serve food and beverages, provided it complies with the restrictions above applicable to restaurants in Johnson County and Story County.

Kentucky:

On September 15, Governor Beshear announced that the state has slightly eased regulations on bars and restaurants to push back last call and operational hours. He said restaurants and bars now will be allowed to have last call at 11:00 p.m. and close at midnight, both an hour later than under previous guidance.

Oregon:

On September 16, Oregon OSHA disclosed that it has issued more than $23,000 in fines to two different businesses for engaging in the same hazardous behavior: refusing to carry out proven steps to help protect workers from the coronavirus disease. In separate enforcement actions, the division issued citations to Café 22 West in Salem and Howard’s Pharmacy in Lakeview.

The citations resulted from complaint-based inspections, and after unsuccessfully resolving the issues raised in multiple complaints without an enforcement visit, Oregon OSHA initiated worksite inspections. The inspections found both employers willfully failing to implement health hazard control measures – such as face coverings and physical distancing – and continuing to operate in hazardous conditions, despite having been put on notice well before the inspection itself began.

In addition to its enforcement activities, Oregon OSHA offers employers and workers a variety of consultation, information, and education resources addressing COVID-19 available at this link.

Tennessee:

(Memphis): The City of Memphis is taking grant applications for the City of Memphis Small Business Stabilization Grant initiative now through December 23, 2020 or until funds are exhausted. The grants are intended to provide economic relief to small businesses suffering substantial economic injury. Grant funds may be used to pay costs of business interruption, working capital, business recovery challenges, and costs associated with safely reopening. Applications are available online.

September 15, 2020

Colorado:

Governor Polis unveiled a new policy framework for controlling the State’s re-opening on Tuesday. The “Dial Framework” policy builds upon the State’s existing social-distancing orders and creates new metrics for guiding individual county re-openings across Colorado.

The Dial Framework establishes five categories that control the level of re-opening a county may allow. The categories are: (a) Protect Our Neighbors; (b) Safer at Home 1 – Cautious; (c) Safer at Home 2 – Concern; (d) Safer at Home 3 – High Risk; and (e) Stay at Home. Protect Our Neighbors requires the least restrictions on social and economic activity, while the Stay at Home category requires a return to the stringent limitations imposed last March.

Counties may transition between the categories depending upon whether their COVID-19 cases meet or exceed the new case, percent positivity, and hospitalization thresholds established by the Dial Framework. In order to transition to a less restrictive category, a county must satisfy the data requirements of all three thresholds for two consecutive weeks. Likewise, a county may be forced to transition to a more restrictive category if the data shows that its metrics exceed a particular level’s thresholds. The only caveat to the fluidity of the Dial Framework is that counties must continue to follow the certification process established by the Protect Our Neighbors public health order before they may begin operating under that category’s requirements.

At present, the Denver Metro Area remains in the Safer at Home 1 – Cautious and Safer at Home 2 – Concern categories. The policy contains a chart that details the limitations on social and economic activity imposed by those categories.

Connecticut:

On September 15, Governor Lamont signed Executive Order No. 9B which enacts the following provisions:

• Amendments to mandatory self-quarantine for travelers from states with high COVID-19 levels: Modifies the state’s previously issued self-quarantine and travel advisory order for people arriving to Connecticut from impacted states, expanding the testing exemption to all travelers who test negative for COVID-19 in the 72 hours prior to arrival. This takes effect at 12:01 a.m. on Friday, September 18, 2020.
• Authorization for the issuance of fines: Authorizes the commissioner of Public Health, local health departments, municipal chief elected officers, and state and local police to issue fines for violations of certain COVID-19 protective measures. These include:
  • A fine of $100 for an person who fails to wear a mask or cloth face covering as required under Executive Order No. 7NNN;
  • A fine of $500 for any person or business entity who organizes, hosts, or sponsors a gathering that violates the gathering size restrictions set forth in the DECD Rules for Gatherings and Venues and Sector Rules for Outdoor Events; and
  • A fine of $250 for any person who attends a gathering that violates the gathering size restrictions set forth in the DECD Rules for Gatherings and Venues and Sector Rules for Outdoor Events.
• Repeal of executive orders extending liquor permittee credit period: Repeals Executive Order No. 7OOO, Section 2 and Executive Order No. 7S, Section 3 effective September 17, 2020, returning to normal statutory provisions.

The regional travel advisory between Connecticut, New Jersey, and New York that directs incoming travelers from states with a significant community spread of COVID-19 to self-quarantine for a 14-day period was updated: Puerto Rico was added to the list, and California, Hawaii, Maryland, Minnesota, Nevada, and Ohio were removed.

Hawaii:

(Kauai County): With Governor Ige’s concurrence, Mayor Kawakami issued Mayor’s Emergency Rule #16, which permits an expansion of the permissible quarantine locations for guests subject to quarantine restrictions, to include resorts and hotel facilities that satisfy the Rule’s requirements. The Rule became effective September 15, 2020.

Illinois:

Applications under the second round of the Business Interruption Grants Program (BIG), developed by Governor Pritzker and the Illinois General Assembly, will open on Thursday, September 17. The program aims to provide funding to small business and especially those businesses in disproportionately impacted areas and heavily impacted industries. The $220 million available under the second round has been allocated in the following manner:

• Heavily Impacted Industries
  • $60 million for heavily distressed industries, such as movie theatres, performing arts venues, concert venues, indoor recreation, amusement parks, and more.
• Disproportionately Impacted Areas (DIA)
  • $70 million set aside for DIAs, defined by zip codes identified by the General Assembly for communities that are most economically distressed and vulnerable to COVID-19. A searchable map of DIAs can be found here.
• Downstate Communities
  • The Illinois Department of Commerce and Economic Opportunity (DCEO) has committed to ensuring that at least half of all remaining funds, totaling more than $100 million, are reserved for businesses in downstate and rural communities of Illinois.
• Priority Businesses
  • Apart from the $60 million for heavily impacted industries, applications from the following types of businesses will be prioritized for review for remaining funds: businesses directly affected by regional mitigations implemented by the state or local governments, independently owned retail, tourism and hospitality related industries including accommodations, and more.
• Agriculture
  • $5 million of the remainder of funds will be set aside for livestock production disruptions. Applications will be available in the coming weeks from the Illinois Department of Agriculture.
• Grants and Loan Forgiveness for Illinois Small Business Emergency Loan recipients
  • As authorized by the General Assembly, DCEO will offer grants for businesses that have incurred eligible costs to offset loans received under the Illinois Small Business Emergency Loan program. This round of loan forgiveness and grants will go to businesses that have received loans or remain on the wait list and the program will sunset going forward as DCEO and its partners focus on making BIG awards.

Businesses outside the above categories are eligible to apply for and receive funding but may be reviewed later than priority businesses. While the application portal is not open until September 17, the DCEO has released the application questions and required document checklist.

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Utah effective Friday, September 18 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents.

Kansas:

On September 15, Governor Laura Kelly announced she has signed Executive Order #20-65, which extends temporary relief for motor carriers from certain weight restrictions and permit requirements to allow needed medical supplies, food shipments, and other items to move through Kansas as quickly as possible. These exceptions apply only to motor carriers actively participating in COVID-19 response efforts. 

Executive Order #20-65 is in place until rescinded, until December 31, 2020, or until the statewide State of Disaster Emergency expires, whichever is earlier. It is an extension of measures put in place by Executive Order #20-62.  

New Jersey:

Governor Phil Murphy today advised individuals traveling to New Jersey from states or territories with significant community spread of COVID-19 to quarantine for a 14-day period from the time of last contact within the identified state or territory. The updated advisory includes one additional territory, Puerto Rico— with California, Hawaii, Maryland, Minnesota, Nevada, and Ohio removed from the list, bringing the total to 30 states and territories. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

As of Tuesday, September 14, there are currently 30 states and territories that meet the criteria stated above: Alabama, Alaska, Arkansas, Delaware, Florida, Georgia, Guam, Iowa, Idaho, Indiana, Illinois, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, Oklahoma, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and West Virginia.

New York:

Governor Andrew M. Cuomo today announced that six states—California, Hawaii, Maryland, Minnesota, Nevada and Ohio—have been removed from New York State's COVID-19 travel advisory. The states remaining on the advisory list are Alaska, Alabama, Arkansas, Delaware, Florida, Georgia, Guam, Iowa, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, Oklahoma, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and West Virginia.

Ohio:

On September 14, Governor Mike DeWine signed House Bill 606 into law. House Bill 606 ensures civil immunity to individuals, schools, health care providers, businesses, and other entities from lawsuits arising from exposure, transmission, or contraction of COVID-19, or any mutation of the virus, as long as they were not showing reckless, intentional, or willful misconduct.

It also shields health care providers from liability in tort actions regarding the care and services they provide during this pandemic unless they were acting recklessly or displaying intentional misconduct.

Vermont:

On Friday, September 11, Governor Scott signed into order Addendum 5 to Amended and Restated Executive Order 01-20. Addendum 5 simply extended the expiration date of Executive Order 1-20 to October 15, 2020. The order was previously set to expire on September 15, pursuant to Addendum 4. All other provisions of Addendum 4 remain in full force and effect.

As a reminder, Governor Scott passed the Amended and Restarted Executive Order 01-20 on June 15, 2020.

The new order also clarified mask use during strenuous activity—a face mask or covering is not required when someone engaging in strenuous exercise or activity can maintain a physical distance of six (6) feet from others.

September 14, 2020

Colorado:

Governor Polis extended the State’s requirement that all individuals over ten years old must wear face coverings in an indoor public space or while waiting for public transit. Executive Order D 2020 190 also advises those operating places of public accommodation, mass transportation operations, and critical business to deny admittance to anyone not wearing a face covering. Further, owners, operators, or managers of public indoor spaces remain obligated to post signs at a facility’s entrance instructing those that enter that it is their legal obligation to wear a face covering. Exceptions to those requirements include those who are seated at a food service establishment, those exercising alone or with members of their household, and those who are hearing impaired or are otherwise disabled where the ability to see one’s mouth is essential to communication. The order will expire on October 13.

Governor Polis also issued Executive Order D 2020 189, which suspends several statutes to allow the Division of Homeland Security and Emergency Management (DHSEM) to establish alternate care sites (“ACS”) in the event there is a surge of COVID-19 infections. These sites include: the Colorado Convention Center, the Larimer Count Fairgrounds and Events Complex, Western Slope Memory Center, St. Anthony’s, and St. Mary-Corwin Medical Center. The order is set to expire on October 11, 2020.

Florida:

Governor DeSantis issued an Executive Order authorizing Miami-Dade and Broward Counties to move to Phase 2 of the “Safe. Smart. Step-by-Step-by-Step. Plan for Florida’s Recovery.”

(Broward County): County Administrator, Bertha Henry, issued a Declaration of Emergency, extending the local State of Emergency for 7 days, starting at 9:00 am on September 15, 2020.

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency which further extends the state of emergency through September 18, 2020.

(Miami-Dade County): Mayor Gimenez issued Amendment No. 2 to Executive Order 27-20, which, beginning on September 14, 2020, changes the county-wide curfew to begin at 11:00 pm instead of 10:00 pm. Mayor Gimenez also issued Emergency Order 29-20 which, beginning at 6:00 am on September 14, 2020, cancels Emergency Orders 5-20 and 21-20. Parks, marinas, boat launches, docking, fueling, marine supply, and other marina services, and golf-courses in Miami-Dade County that are not under the State or federal government’s jurisdiction may operate subject to the activity-specific restrictions stated in the order. Further, moped, motorized scooter, bicycle, motorized bicycle, or micromobility devices may be operated in accordance with the New Normal Handbook.

Georgia:

Governor Kemp signed an Executive Order on September 10, 2020 reducing the regulations for grand juries. The Order permits remote administration of oaths and attendance for grand juries in grand jury proceedings. The Order is effective for as long as the Public Health State of Emergency is in effect.

Kansas:

On September 11, Governor Kelly signed Executive Order #20-64, which will re-issue and extend several previous orders set to expire next week. Under E.O. #20-64, the following orders will be extended until rescinded, until January 26, 2021, or until the statewide State of Disaster Emergency expires, whichever is earlier:

• 20-37 – Allowing certain deferred tax deadlines and payments during state of disaster emergency
• 20-39 – Extending professional and occupational licenses during state of disaster emergency
• 20-40 – Temporarily allowing notaries and witnesses to act via audio-video communication technology during state of disaster emergency
• 20-43 – Temporary relief from certain restrictions concerning shared work programs during state of disaster emergency
• 20-50 – Temporary relief from certain unemployment insurance requirements during state of disaster emergency
• 20-55 – Amended provisions related to drivers’ license and vehicle registration and regulation during state of disaster emergency
• 20-56 – Amended Licensure, Certification, and Registration for persons and Licensure of “Adult Care Homes” during state of disaster emergency
• 20-61 – Temporarily prohibiting certain foreclosures and evictions

Kentucky:

On September 8, Governor Beshear announced the launch of the Healthy at Home Eviction Relief Fund website, teamkyhherf.ky.gov, where Kentuckians now can visit and apply for assistance. Kentuckians can visit the site to seek information on how to obtain a portion of $15 million in federal Coronavirus Aid, Relief and Economic Security (CARES) Act money the Governor pledged to support the Healthy at Home Eviction Relief Fund.

• Eligible landlords can be reimbursed for missed rent payments and receive some advance rent payments to keep tenants in their homes
• Eligible tenants can receive up to 90% of past-due rent and may also cover up to two months of future rent

Payments must be made directly to eligible landlords. Kentuckians may submit applications beginning on September 8, 2020.

Evictions are still suspended in Kentucky under the state’s executive order, which reflects the U.S. Centers for Disease Control and Prevention’s (CDC) moratorium on residential evictions until December 31, 2020. Under the CDC order, a tenant who signs and submits a declaration to his or her landlord about the inability to timely pay rent cannot be evicted. However, the declaration is required in order to prevent an eviction. Like the Governor’s prior executive orders on evictions, the CDC order does not relieve anyone of the obligation to pay rent or comply with any other obligation under a tenancy, lease or similar contract. The CDC order allows landlords to charge and collect fees, penalties and interest for failure to timely pay rent, but prohibits evictions for nonpayment or late payment of such fees, penalties or interest.

Louisiana:

On September 11, Governor Edwards released details of his proclamation moving Louisiana’s response to COVID-19 to Phase 3. The new order will be in place for 28 days, expiring on October 9. In it, restaurants, churches, salons, spas, gyms and other businesses will be able to open at a maximum of 75% of their occupancy, with social distancing in place. The statewide mask mandate will stay in place under the new order.

For now, bars will remain closed to on-premises consumption in parishes with a high incidence of COVID as evidenced by their test positivity rate, which is a continued recommendation of the White House Coronavirus Task Force, as cases among young people and in college towns continue to grow. Governor Edwards’ order also outlines how bars may begin to re-open for on-premises consumption in Louisiana in Phase 3, based on the percent positivity of the parish for a two-week period. Parishes with a positivity rate of 5% or lower for two consecutive weeks may opt-in to open bars for on premises consumption, under the restrictions in the Governor’s order. This two-week percent positivity will be updated every two weeks by the Louisiana Department of Health, with the next update scheduled for September 16.

When re-opened, bars will be able to open at 25% capacity, up to 50 people, indoors for customers seated for tableside service. They may have no more than 50 customers outdoors, socially distanced, seated for tableside service. No live music will be allowed. All drinks must be ordered at the table and delivered by bar staff to the table. Sale and service of alcohol at bars, when they reopen, must end at 10:00 p.m., with all patrons cleared from the building by 11:00 p.m. When re-opened, no one under the age of 21 is permitted in any bar. Phase 3 also prohibits the sale or service of alcohol for on premises consumption at all establishments, including restaurants and casinos, after 10:00 p.m.

Indoor social gatherings, like weddings or receptions, will be limited to the lesser of 250 people or 50% capacity of the facility. Outdoors, crowd sizes are limited to 50% capacity, up to 250 people, if people will be in close proximity and social distancing is not possible. Casinos will stay at 50% capacity and 75% of their gaming positions under the new order. Sporting events, like college football games, will operate at a lesser capacity of 25% and without alcohol sales.

Nursing home visitation will be prohibited in Phase 3, but the Louisiana Department of Health (LDH) is working on a pilot program to begin to allow visitation at nursing homes with no new cases for 14 days and in parishes without high numbers of COVID-19. LDH will release details in the coming days.

Maryland:

On September 10, Governor Hogan announced the acquisition of 250,000 rapid point-of-care antigen tests, which will be deployed to nursing homes, assisted-living facilities, and correctional and juvenile detention centers across the state. The purchase is makes Maryland the first state in a bipartisan interstate testing compact to move forward with ordering rapid antigen tests. Nearly all of the ten states participating in the compact – the first of its kind during the COVID-19 pandemic –have signed letters of commitment for the purchase of the rapid tests.

Michigan:

Governor Whitmer signed two new executive orders, both of which amend Executive Order 2020-176, the Safe Start Order. Executive Order 2020-180 amends Section 7(b) of the Safe Start Order, and now required all athletes training for, practicing for, or competing in an organized sport to wear a facial covering (except when swimming) or consistently maintain 6 feet of social distance (except for occasional and fleeting moments). For example, an athlete participating in a football, soccer, or volleyball game would not be able to consistently maintain 6 feet of distance, and therefore would need to wear a facial covering. Sports organizers must ensure that athletes comply with this section for each organized sporting event.

Executive Order 2020-181 adds to the Safe Start Order that in Regions 6 and 8, as defined in the Safe Start Order, indoor social gatherings or indoor organized events among persons not part of the same household are permitted so long as no more than 10 people attend and social distancing is maintained.

Minnesota:

On September 11, 2020, Governor Walz issued Emergency Executive Order 20-89 extending the “COVID-19 Peacetime Emergency” through October 12, 2020. Order 20-89 defines the “COVID-19 Peacetime Emergency” as Executive Order 20-01, which was extended through 20-35, 20-53, 20-75, 20-78, and 20-83. Most notably, Order 20-89 extends the face covering requirements as described in Order 20-81. Order 20-89 continues with the current course limiting extensions of the Peacetime Emergency to 30-day increments, seeking the Executive Council’s approval each time. Therefore, the Peacetime Emergency may be extended by an executive order on or before October 12, 2020.

Mississippi:

Governor Reeves signed Executive Order 1522, which extends the Safe Return Order through September 30, 2020 at 5:00 p.m. The new order also includes the following amendments to the Safe Return Order:

• Retail businesses may permit customers in the store up to 75% of the maximum capacity.
• Group gatherings where six feet of social distancing is not possible must be limited to 10 people (if indoors) and 50 people (if outdoors). The limitation does not apply to religious entities, voting precincts, and students in classrooms.
• Group gatherings where social distancing is possible must be limited to 20 people (if indoors) and 100 people (if outdoors). The limitation does not apply to religious entities, voting precincts, and students in classrooms.
• Restaurants and bars may increase the number of customers inside up to 75% of the maximum capacity. Buffets and self-service stations remain prohibited.
• Gyms may remain open 24 hours a day, but the number of customers inside the gym is limited to 75% of the maximum capacity.
• Reception halls and conference centers may operate at 25% maximum capacity with strict social distancing. For seated dinners, specifically, such centers may operate at 75% maximum capacity so long as social distancing is ensured. These restrictions apply to events and receptions held outside, as well.

Nevada:

On September 10, Nevada Health Response released an updated list of counties that are considered to have an elevated risk of transmission of COVID-19. In accordance with Nevada’s New Normal Plan, counties on the high transmission risk list must create action plans targeting sources of infection and community spread and submit the plans for review and approval by the Nevada COVID-19 Mitigation and Management Task Force. Lander, Lyon, and Nye County have dropped off the list and Eureka County has been added to the list for the first time. The following 5 counties remain flagged as high-risk counties: Churchill County, Clark County, Elko County, Eureka County, and Washoe County.

Because Nye County has been removed from the list, bars in the City of Pahrump were permitted to reopen at 50% capacity effective midnight on September 10, 2020, subject to statewide mitigation efforts that include required face coverings for employees and customers.

Additionally, the Task Force approved Washoe County’s plan to reopen bars, pubs, taverns, breweries, distilleries and wineries with certain restrictions in place. The measure will go into place no later than 11:59 p.m. on September 16, 2020, and will be subject to statewide mitigation efforts that include a 50% capacity limit and required face coverings for employees and customers.

On September 11, Governor Steve Sisolak signed Emergency Directive 032, which provides that DMV non-commercial driver's licenses, identification cards, non-commercial instruction permits, and driver authorization cards, that have an expiration date between March 12, 2020 and November 12, 2020 shall be deemed valid through November 12, 2020 at 11:59 p.m.

(Clark County): Clark County will begin accepting a second round of applications under its Small Business Stabilization Grant program beginning September 15, 2020 through September 29, 2020. Grants will be awarded in an amount up to $5,000 for businesses with 1-4 employees and up to $10,000 for businesses with 5-20 employees. The grants may be used for working capital, which includes expenses such as rent, utilities, inventory, payroll, and license fees. Priority will be given to businesses that have received less than $25,000 total in federal, state or local COVID related grant or loan dollars. To be eligible for the grant, the business must:

1. Be located within unincorporated Clark County;
2. Have 20 or less full-time employees as of March 15, 2020;
3. Have an active Clark County business license;
4. Have been operating on or before September 15, 2019;
5. Have an actual financial hardship; and
6. Not have any federal, state, or county tax liens.

The following businesses are not eligible to receive a grant under the Small Business Stabilization Grant program.

1. Businesses within City of Las Vegas, Henderson, North Las Vegas, Mesquite and Boulder City;
2. Adult oriented businesses;
3. Cannabis related businesses;
4. Massage parlors;
5. Liquor stores;
6. Bail bonds;
7. Check cashing facilities;
8. Payday loan, title loan and other short-term loan operators;
9. Convenience stores;
10. Non-profit organizations; and
11. State & federal certified labor unions.

Eligible businesses can apply for a Small Business Stabilization Grant here.

Ohio:

On September 10, Governor DeWine released Ohio's updated Public Health Advisory System map. A total of 68 counties stayed at the same level as last week, and two counties, Lucas and Wayne, dropped from Level 3 to Level 2. However, six counties currently have a very high risk of exposure and spread and are listed as Level 3, including: Butler, Mercer, Montgomery, Preble, Putnam, and Summit. In addition to these six Level 3 counties, four additional counties meet the Centers for Disease Control and Prevention's definition of high incidence, including: Clark, Hamilton, Miami, and Wood. Although these counties do not meet enough indicators to trigger a Red Level 3 Public Emergency, these counties have had more than 100 cases per 100,000 residents over the last two weeks which could lead to rapid virus transmission if steps are not taken to slow the spread.

Rhode Island:

Governor Raimondo issued Executive Order 20-75 on September 9, 2020. Effective September 10, 2020, the following executive orders shall be extended until October 10, 2020:

1. Executive Order 20-44 (Fortieth Supplemental Emergency Declaration - Uniform Statewide School Calendar).

2. Executive Order 20-46 (Forty-Second Supplemental Emergency Declaration - Public Meetings and Public Records Requests).

3. Executive Order 20-62 (Fifty-Seventh Supplemental Emergency Declaration - School Bus Driver Recertification).

South Carolina:

The Governor issued Executive Order 2020-59 on September 9, 2020. Effective immediately until September 24, this Executive Order continues the State of Emergency for 15 days and declares that Executive Order 2020-50 (Initiating Additional Emergency Measures & Consolidating Previous Orders) is extended for the duration of the State of Emergency. First responders and 911 operators are still allowed to ask individuals requesting assistance whether they have been exposed to COVID-19. All transportation waivers for commercial vehicles and operators of commercial vehicles are still in effect.

Washington:

On September 11, Governor Inslee announced updated guidance for indoor fitness and training facilities. This guidance is part of Washington’s Safe Start phased reopening plan. Effective today, indoor fitness and training facilities are allowed to operate in Modified Phase 1 counties under Phase 2 guidance. This means that facilities like gyms, yoga studios, and indoor sports facilities can open for personal fitness and training, group fitness classes, and practice for certain low- and medium-contact sports. Occupancy is limited to ensure proper physical distancing, and masks are required. See the full list of current reopening guidance here.

Wisconsin:

(Madison and Dane County): On September 10, 2020, the Supreme Court of Wisconsin entered a temporary injunction blocking the enactment of Emergency Order #9, which permitted in-person student instruction for kindergarten through second grade, and students in any grade with a disability and/or an Individualized Education Program, but limited grades third though twelfth to virtual classes. The temporary injunction allows all schools across the county, including private schools, to reopen immediately. The court ordered the petitioners to submit briefs and will be scheduling oral arguments.

September 10, 2020

Florida:

(Miami-Dade County): Mayor Gimenez issued an Executive Order extending the state of local emergency for an additional 7-day period, beginning on September 10, 2020.

Mayor Gimenez also issued an amendment to County Emergency Order 27-20, which, commencing on September 10, 2020 imposes a curfew for the entire County from 10:00 p.m. each night through 6:00 a.m. the next morning, until canceled or revised. The curfew does not apply to persons:

• Working at essential establishments
• Going to or from their homes to work at essential establishments
• Making deliveries from essential establishments
• Walking their dogs within 250 feet of their residences
• Traveling to and from any sporting event sponsored by the NCAA, Major League Baseball, the National Football League, or any other national professional sports league or organization
• Traveling to or from any religious service.

Maryland:

On September 10, Governor Hogan announced the acquisition of 250,000 rapid point-of-care antigen tests, which will be deployed to nursing homes, assisted-living facilities, and correctional and juvenile detention centers across the state. The purchase makes Maryland the first state in a bipartisan interstate testing compact to move forward with ordering rapid antigen tests. Nearly all of the ten states participating in the compact – the first of its kind during the COVID-19 pandemic –have signed letters of commitment for the purchase of the rapid tests.

New York:

Governor Andrew M. Cuomo announced on September 10 that indoor dining in New York City will be allowed to resume beginning September 30 with a 25 percent occupancy limit. All restaurants that choose to reopen will be subject to strict safety protocols, including temperature checks, contact information for tracing, face coverings when not seated and other safety protocols. Bar service will not be permitted, and restaurants will close at midnight. Guidelines will be reassessed based on the data by November 1. If the infection rate does not increase, restaurants may be permitted to go to 50 percent capacity. The State will monitor any positivity increase on an ongoing basis and potentially reassess if necessary. Business guidance for indoor dining in New York City is available here.

Ohio:

On September 10, Governor Mike DeWine named Joan Duwve, M.D., MPH, the director of the Ohio Department of Health.

September 9, 2020

Arizona:

Governor Ducey issued an Enhanced Surveillance Advisory, which, in addition to requiring all licensed hospitals to report information relating to COVID-19 confirmed patients to the Arizona Department of Health Services every twenty-four hours, also requires the reporting of data relating to influenza positive patients, including the number of patients and number of ventilators and ICU beds in use by such patients. Hospitals must continue to implement plans to ensure sufficient staffing levels are maintained for every licensed and proposed surge intensive care unit and medical surgical bed. The order terminates automatically after 60 days, unless renewed.

Arkansas:

The Arkansas Department of Health modified a Directive on Resuming Restaurant Dine-in Operations for Phase II on September 9, 2020. According to the modified directive, dine-in service under Phase II is expanded in accordance with following limitations:

• Seating in dine-in operations is limited to 66% of total seating capacity (this includes indoor and outdoor dining areas);
• Seating shall remain adjusted to maintain six feet between occupied seats at adjacent tables;
• Self-service operations (e.g., salad bars, buffets, condiment bars) may now operate with the following limitations:
  • Six feet must be maintained between customers at the buffet area.
  • The facility should provide an employee to ensure social distancing is maintained.
  • Masks are required for all persons in the self-service area.
  • Hand sanitizer and single-use gloves must be provided at all entrances of the self-service area.
  • Signs must be posted in the self-service area stating: “Use of hand sanitizer and food service gloves is required for all patrons in this area—Please use a new plate and a new glove for each trip to the buffet/salad bar.”
  • Serving utensils must be replaced every 60 minutes and/or every time a food item is replaced on the buffet.

Kansas:

On September 9, 2020, Governor Kelly announced that the Kansas Division of Emergency Management has launched a new Business Personal Protective Equipment Stopgap program, which will provide PPE to businesses experiencing delays in purchased equipment. Businesses that ordered PPE but are experiencing a backorder or delayed delivery date on their purchase may access this program and expect delivery of items, if available, within a few days.

Maryland:

On September 9, Governor Hogan announced that Maryland’s 24 local jurisdictions can begin applying for $16 million in Maryland Eviction Prevention Partnership grants, which will help support local rental assistance programs across the state. Through the Maryland Eviction Prevention Partnership, the Maryland Department of Housing and Community Development (DHCD) is awarding federal Community Development Block Grant (CDBG) funding across local jurisdictions in Maryland to prevent evictions. Applications are due October 2. Governor Hogan also launched the Assisted Housing Relief Program, an eviction prevention program intended to help bring rental delinquencies current by providing rent rebates paid directly to the property management company. The program serves rental units in multifamily projects financed by DHCD’s Community Development Administration using state funds or federal resources, such as the Low-Income Housing Tax Credit program where the unit rent is controlled. The program remains open for applications.

Missouri:

(St. Louis City): St. Louis City issued a Health Commissioner Order No. 14, which took effect on September 8, 2020, and modified and extended the effective date of Order No. 13, and remains in effect until extended, rescinded, superseded, or amended. As a reminder, the provisions of Order No. 13 are:

• Bars, restaurants, and nightclubs must:
  • Limit capacity to 50% of their permitted occupancy and
  • Must be closed by 11:00 PM.
• Large venues must limit their capacity to 50% of their permitted occupancy.
• All Businesses that are closed as a result of a public health order may:
  • Maintain inventory and
  • Process payroll or employee benefits.

Nebraska:

On September 9, 2020, Governor Ricketts announced that most of the state will move into Phase 4 of Nebraska’s reopening plan, starting Monday September 14, 2020. All counties except Lancaster County will move into Phase 4, which loosens restrictions to allow outdoor venues to have 100% occupancy and indoor venues to have 75% capacity. Events of 500 or more individuals still must check with local public health directors to ensure precautions are in place. All other restrictions regarding bars and restaurants, childcare facilities, churches, gyms, salons/barber shops, sports, and wedding and funeral reception venues will be removed.

North Carolina:

On September 9, Governor Cooper announced nearly $40 million in funding for NC Student Connect, a new partnership created to address internet connectivity gaps that are a barrier to remote learning for many North Carolina students.

On September 4, Governor Cooper along with the N.C. Department of Information Technology (NCDIT) and its Broadband Infrastructure Office (BIO) announced five new projects that will expand high-speed internet access for residents in Columbus, Duplin and Graham counties. The projects are made possible by more than $4 million in supplemental GREAT grant funding through the COVID-19 Recovery Act.

Governor Cooper also signed House Bill 1105, the Coronavirus Relief Act 3.0 into law, which allocates nearly $1 billion in federal relief funds. The act includes additional unemployment benefits, stimulus checks for parents, and provides more access to private school voucher programs. Additionally, it allows up to 3,800 more students to attend the state’s two virtual charter schools.

North Dakota:

On September 9, the North Dakota Department of Commerce announced award recipients of the ND Smart Restart Technical Skills Training Grant. The Department has approved $1 million in Coronavirus Aid, Relief and Economic Security (CARES) Act funding to administer the ND Smart Restart Technical Skills Training Grant, which is designed to support accelerated skills-based and hands-on workforce training programs that prepare displaced workers for full-time employment in North Dakota.

Grant recipients in the first round of funding:

• Emerging Digital Academy software development training, $100,000
• North Dakota State College of Science – TrainND CDL training, $30,000
• NESET Consulting Services Tioga Wind Turbine Technician Training, $48,265
• Sanford Health nursing assistant training, $100,000

Funding is still available, and a second application window is open now through September 23, 2020. New programs and existing programs that began after March 1, 2020, may qualify for this grant to support operating expenses and scholarships for participants.

More information and the application for the ND Smart Restart Technical Skills Training Grant can be found here.

Ohio:

On September 9, Governor DeWine announced that thousands of Ohio children, who qualify for free or reduced-price meals but are currently learning remotely, will soon receive additional money to purchase nutritious foods through the Pandemic Electronic Benefit Transfer (P-EBT) program made possible by the Federal Families First Coronavirus Response Act.

On September 4, Governor DeWine announced that the Director’s Order Requiring Reporting and Notification Regarding COVID-19 Cases in Kindergarten through Twelfth Grade Schools had been signed. The order requires parents or guardians of students and school staff who have been diagnosed with COVID-19, whether through lab test or through clinical examination, to notify their school no later than twenty-four hours after receiving a confirmed diagnosis. The school district or school must name a COVID-19 coordinator to facilitate reporting of case information to the local health department.

South Dakota:

On September 9, Governor Noem announced $400 million in CARES Act Funding for eligible businesses. To qualify for funding, a business must be located in South Dakota, have at least $50,000 in gross revenue for 2019, and have experienced at least a 25% reduction in business between March and May 2020 due to COVID-19. Businesses may apply to receive up to $100,000 in funding between October 12-23, 2020. Please note any Paycheck Protection Program (“PPP”) funds or other coronavirus-related money dispersed to an eligible business will be taken into consideration. More information on the framework for this grant is available here.

September 8, 2020

California:

Governor Newsom issued Executive Order N-78-70 before Labor Day in a continued effort to protect the State’s consumers against possible price gauging for certain essential goods. The order limits the ability of businesses or individuals to increase the prices for those goods from now until March 4, 2021.

The order creates two limitations on price increases. First, if business sold any of the below goods on February 4, 2020, the business cannot increase the costs of those goods by more than 10 percent above the price it sold those goods for on February 4, 2020. Next, if the business did not sell one or more of the goods on February 4, 2020, then the business cannot sell the good a price that is 50 percent greater than (a) the cost to procure the good or (b) the costs produce and sell the good.

The goods covered by the order are food items, consumer goods, medical or emergency supplies, and any other materials designated as Scarce or Threatened Materials under Defense Production Act.

Colorado:

Over the Labor Day weekend, Governor Polis extended several previous executive orders.

Executive Order D 2020 178 extends the Governor’s “Protecting Our Neighbors” executive order, which establishes a process through which counties may exempt themselves from the restrictions imposed under the State’s safer-at-home order. Under the Protect Our Neighbors order, counties must demonstrate strong underlying public health and health care capacity that can respond to larger outbreaks; strong compliance with statewide standards; and the ability to enforce guidelines and public health orders. The order will expire on October 5, 2020.

The order also reiterates that the following individuals are considered vulnerable:

1. Individuals who are sixty-five (65) years and older;
2. Individuals who have cancer;
3. Individuals who have chronic kidney disease;
4. Individuals who have chronic obstructive pulmonary disease;
5. Individuals who are immunocompromised;
6. Individual who have a body mass index of 30 or higher;
7. Individuals who have serious heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies;
8. Individuals who have Sickle cell disease;
9. Individuals who have Type 2 diabetes mellitus; and
10. Individuals determined to be high risk by a licensed healthcare provider.

Executive Order D 2020 179 extends the Governor’s previous orders limiting in-person contact during the upcoming elections. The order will remain in effect until October 7, 2020.

Finally, Executive Order D 2020 181 extends the relief previously given to public utility customers to lessen the economic pressure placed on them by the pandemic. The relief includes: the waiver of reconnection fees; the suspension of the accrual of late payment fees for residential and small business consumers; and direction to the Colorado Public Utilities Commission to provide guidance to and work with utility providers to develop aid programs for customers. The order will expire on October 7, 2020.

Connecticut:

On September 4, Governor Lamont passed Executive Order No. 9 which took the following actions:

• Allowed Commissioners of Early Childhood and Education to issue operational rules, and
• Extended the prohibition on sale of alcohol by certain permittees without the sale of food.

On September 8, Governor Lamont passed Executive Order No. 9A which took the following actions:

• Reissued and extended COVID-19 executive orders to November 9, 2020; and
• Extended agency and municipality orders of concurrent duration with public health and civil preparedness emergencies.

The regional travel advisory between Connecticut, New Jersey, and New York that directs incoming travelers from states with a significant community spread of COVID-19 to self-quarantine for a 14-day period was updated and now includes Delaware, Maryland, Ohio, and West Virginia on the list of impacted locations. Meanwhile, Puerto Rico and the U.S. Virgin Islands have been removed from the list.

Delaware:

Effective September 4, Governor Carney signed the 27th modification to his State of Emergency, combining all active COVID-19 restrictions into a single order. Governor Carney’s modification also formalizes the latest restrictions around bar service in Delaware beach communities and requires that businesses more strictly enforce face covering requirements among their employees.

District of Columbia:

On September 8, DC Health released an updated list of high-risk states. Individuals entering D.C. from non-essential travel from a high risk state must self-quarantine according to Mayor Bowser’s Order 2020-081 issued July 24, 2020. States that were added include Montana and Ohio. States that were removed include Alaska and Arizona. This list should be used until September 21, when an updated list will be posted on coronavirus.dc.gov.

Florida:

On September 4, Governor DeSantis issued an Executive Order authorizing Palm Beach County to move to Phase 2 of the “Safe. Smart. Step-by-Step-by-Step. Plan for Florida’s Recovery.” Governor DeSantis also issued an Executive Order extending the state of emergency for an additional 60 days for the entire state of Florida.

(Broward County): On September 2, County Administrator Bertha Henry issued a Declaration of Emergency which extends the local State of Emergency for an additional 7 days from 9:00 am on September 8, 2020.

(Palm Beach County): On September 2, Mayor Kerner issued a Declaration of Continuing State of Emergency which further extends the state of emergency through September 11, 2020.

(Palm Beach County): On September 3, County Administrator Verdenia Baker issued an Emergency Order which changes the range of hours during which food and/or alcohol may not be served for on premise consumption to between 12:00 a.m. and 5:00 a.m. The Order also removes tattooing, body piercing, and tanning business establishments from the list of businesses that remain closed. The order takes effect on September 4, 2020 and expires upon expiration of the existing State of Local Emergency.

(Palm Beach County): On September 4, County Administrator Verdenia Baker issued an Emergency Order authorizing the following businesses to re-open, in accordance with all applicable CDC Guidelines, prior executive and emergency orders, and business-specific requirements outlined in the order, which include capacity restrictions:

• Bowling alleys
• Escape rooms
• Movie theatres
• Playhouses (with less than 400 seats)
• Skating centers
• Trampoline centers
• Other indoor entertainment venues
• Restaurants and food establishments, including clubhouses, banquet halls, and ballrooms which provide seated meal services.

In-store retail sales establishments, museums and libraries, personal services establishments (such as tanning, tattooing, body piercing, license acupuncture and massage), and gym and fitness centers may operate at full capacity, provided parties are limited to no more than 10 and are spaced at least 6 feet apart. Auditoriums, bingo parlors, comedy clubs, concert houses, bars, night clubs, smoking bars, arcades, and billiard halls licensed as bars are among the list of businesses that remain closed. The order takes effect on September 8, 2020 and expires upon expiration of the existing State of Local Emergency.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Kentucky effective Friday, September 11 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents for two consecutive weeks. Recently, California and Puerto Rico were removed from the list having both dropped below the 15 daily cases per 100k residents threshold.

Kansas:

(Wyandotte County-Kansas City): On September 4, 2020, the Unified Government Public Health Department released new recommendations for fall sports in Wyandotte County. For school activities, the Department recommends:

• maintaining “cohorts” of students and a limited number of faculty that remain together; and
• maintaining group cohorting for both sports and in-person academic programming, or utilizing remote academic learning.

For non-school activities (such as private clubs), the Department recommends remote learning programs.

(Sedgwick County): On September 3, 2020, the Sedgwick County Local Health Officer released an Emergency Public Health Order. The Order goes into effect September 9, 2020, and requires all persons within the county to wear face coverings while:

• inside any indoor or outdoor public space where 6-feet of distancing is not possible;
• in line to enter an indoor public space;
• obtaining services from a healthcare sector provider; and
• waiting for or riding on public transportation or any ride-sharing vehicle.

The Order further requires all businesses, organizations, and non-profits within the county to require employees, customers, and visitors to wear a face covering in any space visited by the public, and in any space where food is prepared or packaged. Exemptions from the Order include:

• Children five years or under;
• Persons with a medical or mental health condition that prevents wearing a face covering;
• Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication;
• Persons seated at a restaurant, provided they maintain a 6-foot distance from other parties;
• Athletes engaged in organized sports allowing 6-feet of distance with only infrequent moments of closer proximity;
• Individuals participating in strenuous exercise that allows 6-feet of distance; and
• Persons engaged in a court-related proceeding.

Maryland:

On September 8, Governor Hogan issued a renewal of the State of Emergency due to COVID-19. The Order, effective immediately, provides that the State Board of Elections may establish alternate voting centers for the General Election. It also provides that the applicable COVID-19 Guidance published by the U.S. Centers for Disease Control should be complied with to the maximum extent practicable in preparation for the General Election.

Nebraska:

(Omaha): On September 3, 2020, Mayor Stothert announced that she has directed the Finance Department to forgive late fees on restaurant tax payments due from March through the end of 2020. Owners currently delinquent will no longer be charged these fees, and those who have already paid penalties will be credited for the amount paid. To be eligible for this waiver, all restaurant taxes must be paid by December 31, 2020.

Nevada:

On September 3, Nevada Health Response released an updated list of counties that are considered to have an elevated risk of transmission of COVID-19. In accordance with Nevada’s New Normal Plan, counties on the high transmission risk list must create action plans targeting sources of infection and community spread and submit the plans for review and approval by the Nevada COVID-19 Mitigation and Management Task Force. Humboldt County did not meet the high-risk criteria for the second week in a row, and the following 7 counties remain flagged as high-risk counties: Churchill County, Elko County, Washoe County, Clark County, Nye County, Lander County, and Lyon County.

New Jersey:

Governor Murphy and State Police Superintendent Colonel Callahan today announced Administrative Order 2020-21, which clarifies that health club facilities located in hotels, motels, condominiums, cooperatives, corporate offices, and other businesses can open their indoor premises. The Order also states that health club facilities that are open to the public, and not only to guests, residents, and employees, must conform to the provisions of Paragraph 1 of Executive Order No. 181 (2020) and associated guidance issued by the New Jersey Department of Health.

Governor Murphy also advised individuals traveling to New Jersey from states or territories with significant community spread of COVID-19 to quarantine for a 14-day period from the time of last contact within the identified state or territory. The updated advisory includes four additional states — Delaware, Maryland, Ohio and West Virginia — with Puerto Rico and U.S. Virgin Islands removed from the list, bringing the total to 35 states and territories. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

As of Tuesday, September 8, there are currently 35 states and territories that meet the criteria stated above: Alabama; Alaska; Arkansas; California; Delaware; Florida; Georgia; Guam; Hawaii; Iowa; Idaho; Indiana; Illinois; Kansas; Kentucky; Louisiana; Maryland; Minnesota; Missouri; Mississippi; Montana; North Carolina; North Dakota; Nebraska; Nevada; Ohio; Oklahoma; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; Wisconsin; and West Virginia.

New Mexico:

The New Mexico Department of Public Health issued a revised Public Health Order effective September 4, 2020. The order allows “places of lodging,” which includes all hotels, motels, RV parks, and short-term vacation rentals, to increase their maximum occupancy from 50% to 75% of their maximum occupancy. To operate at this increased capacity, places of lodging must undergo the State’s safe-certified training program. The public health order expires on October 2, 2020.

Governor Grisham also revised the State’s existing quarantine mandate for all persons entering New Mexico. Under Executive Order 2020-063, individuals arriving from a state with a positive test rate higher 80 per 1,000,000 residents or a test positivity rate greater than or equal to 5%, over a seven-day rolling average, or from outside the United States must self-quarantine for 14 days. If, however, the individual can provide a negative test result taken within 72 hours before or after their arrival, then that individual is not subject to the self-quarantine requirement. Individuals arriving from a state that with test positivity rates that are below the above thresholds are advised to self-quarantine for 14 days. The order remains in effect until rescinded.

The mandatory self-quarantine does not apply to the following:

• Persons employed by airlines;
• Persons performing public safety or public health functions;
• Military personnel and their dependents;
• Federal employees;
• Persons employed by a federal agency or national defense contractor;
• Emergency first responders and health care workers;
• Persons arriving in the state pursuant to a court order;
• Persons who are employed or contracted by an essential business, as defined in the state’s operative emergency public health order, who are traveling into New Mexico to conduct business activities;
• New Mexico residents who have left the state for less than 24 hours for matters attendant to parenting responsibilities; and
• New Mexico residents who have left the state to obtain medical care.

New York:

Governor Cuomo today announced four additional states—Delaware, Maryland, Ohio and West Virginia—meet the metrics to qualify for New York State's COVID-19 travel advisory. Puerto Rico and the United States Virgin Islands have been removed. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

Oregon:

On September 3, Governor Brown announced that Baker County has succeeded in reducing the spread of COVID-19 sufficiently enough to be removed from the County Watch List. In addition, Governor Brown announced a new prerequisite for counties entering Phase 2 – counties with more than 100 cases must have their case counts reduced to 100 cases or less per 100,000 people per week – and accordingly, Morrow and Umatilla Counties will remain in Phase 1.

Pennsylvania:

Governor Tom Wolf announced that restaurants may increase indoor occupancy to 50 percent starting September 21. To ensure that these businesses operate safely as Pennsylvania continues to mitigate the spread of COVID-19, and to instill customers and employees with confidence knowing that they can dine safely, restaurants will commit to strictly complying to all public health safety guidelines and orders through a self-certification process. Restaurants that self-certify will appear in the Open & Certified Pennsylvania searchable online database of certified restaurants across the commonwealth. Consumers will be able to access this database and find certified businesses in their area, ensuring that consumers can make more informed choices about the food establishments they are looking to patronize.

The self-certification documents and information about the Open & Certified Pennsylvania program can be found online starting September 21 and will contain the following:

• A list of requirements contained in the current restaurant industry guidance and enforcement efforts;
• A statement that the owner has reviewed and agrees to follow these requirements;
• The business’ maximum indoor occupancy number based on the fire code; and
• A statement that the owner understands that the certification is subject to penalties for unsworn falsification to authorities.

Any restaurant that wishes to increase to 50 percent indoor capacity on September 21 must complete the online self-certification process by October 5. Business owners should keep a copy of the self-certification confirmation they will receive by e-mail. Social distancing, masking, and other mitigation measures must be employed to protect workers and patrons. Further, starting September 21 restaurants that have alcohol sales will close alcohol sales at 10:00 PM.

Rhode Island:

Governor Raimondo issued Executive Order 20-71 on September 2, 2020. Effective September 3, 2020 until October 3, 2020, anyone clinically diagnosed with COVID-19 by a licensed health care practitioner must immediately self-isolate in accordance with the CDC guidance. Additionally, anyone who knows they have been within 6 feet of a person clinically diagnosed with COVID must immediately self-quarantine for 14 days. Instructions for self-isolation and self-quarantine can be found on the Rhode Island Department of Health’s website here. This Executive Order supersedes Executive Order 20-20.

Governor Raimondo also issued Executive Order 20-73 on September 4, 2020. Effective September 7, 2020 until October 7, 2020, the following executive order is extended: Executive Order 20-61 (Fifty-Sixth Supplemental Emergency Declaration – Early Closure of Bars).

South Dakota:

Before the Labor Day Holiday weekend, Governor Noem announced $75 million in CARES Act Funding for K-12 schools. This equates to about $500 per student. South Dakota’s elementary and secondary schools also received $41 million from the U.S. Department of Education and another $5.7 million from the Governor’s Emergency Relief Funds is earmarked for disbursement.

Texas:

On September 7, 2020, Governor Abbott extended his Disaster Declaration for all Texas counties in response to COVID-19. The Disaster Declaration, originally issued on March 13 and renewed on April 12, May 13, June 11, and July 10, and August 8, provides the state with resources to respond to the COVID-19 pandemic. (According to Section 418.014 of the Texas Government Code, a state of disaster may not continue for more than 30 days unless renewed by the Governor).

Washington:

On September 4, Governor Inslee issued a proclamation related to public Department of Natural Resources (DNR) meetings that occur during the ongoing COVID-19 pandemic. Proclamation 20-71 waives the in-person meeting requirements for the DNR. These statutes are located in DNR’s statutes, not within the Open Public Meetings Act (OPMA). This waiver is identical to the waiver in the OPMA proclamation, which waives open in-person meeting requirements though guarantees public access to observe agency proceedings through, at a minimum, telephonic access.

West Virginia:

On September 4, Governor Justice signed Executive Order 68-20 which established the requirement that private and public Pre-K-12 schools follow the DHHR County Alert System map as it relates to any limitations or prohibitions on occupancy of such educational institutions for in-person instruction and/or athletic and extracurricular activities.

September 3, 2020

California:

On August 28, the California Department of Public Health (“CDPH”) ditched its County Monitoring List in favor a new system for evaluating county-by-county re-openings on August 28, 2020. The so-called “Blueprint for a Safer Economy”, which takes effect on August 31, 2020, establishes four new re-opening categories that have varying impacts on the operation of the State’s economy.

The four categories are “Widespread Tier 1,” “Substantial Tier 2,” Moderate Tier 3,” and “Minimal Tier 4,” with Tier 1 being the most restrictive for businesses. The Blueprint defines each tier or category by establishing minimum thresholds for the number new cases per day and rate at which those cases are positive for coronavirus. For example, a county falls within Tier 1 if (a) the number of new cases per 100,000 people exceed seven, using a seven-day average, and (b) the average testing-positivity rate exceeds eight percent over the past seven days.

Counties may progress to a less-restrictive tier if it satisfies two requirements. First, the county must be in its present tier for at least three weeks. Next, the county must satisfy the new-case and test-positivity thresholds of the next tier for two consecutive weeks. And a county may move to a more restrictive tier if its coronavirus data satisfies the more restrictive tier’s thresholds for two consecutive weeks. CDPH will assess its county data on a weekly basis.

The restrictions on business activity vary by business sector within each Tier. In addition to complying with the express limitations for a particular sector, the business must also comply with CDPH’s existing guidance for the operation of that sector, including adopting social distancing and other familiar workplace restrictions. Below is sample of the operational restrictions imposed by each Tier:

Thirty-eight of the State’s 58 counties are presently in Tier 1 and another eight counties are in Tier 2. So, for most of the state, business will remain under relatively stringent operational limitations for the next several weeks.

Colorado:

Governor Polis extended the state of disaster emergency for Colorado until October 2, 2020, which reauthorizes a number of state agencies to issue orders aimed at protecting the State’s residents from the pandemic and mitigating its spread.

Delaware:

On September 3, Governor Carney formally extended the State of Emergency declaration another 30 days to confront community spread of COVID-19. Delaware state law requires a governor officially extend a state of emergency every 30 days.

District of Columbia:

Earlier this summer, on July 22, The Mayor issued an order requiring masks in the District of Columbia to prevent the spread of COVID-19. The order, effective immediately, requires that persons must wear masks in common areas of apartments, condominiums, and cooperatives. It also requires businesses, office buildings, and other establishments open to members of the public to post signage on their exterior doors that a person may not enter unless such person is wearing a mask. Businesses, office buildings, and other public establishments are also required to exclude or attempt to eject persons who are not wearing masks. The order also requires that employers shall provide masks to their employees. Usage of masks is also required when persons are likely to come within six feet of another person and when a person is using public transportation. The order provides a list of exceptions to the foregoing requirements including an exception for when individuals are eating or drinking or when a person is in an enclosed office space.

On August 24, The DC Department of Health released an updated list of “high-risk” states. Individuals entering DC from non-essential travel from a high risk state must self-quarantine according to Mayor Bowser’s Order 2020-081 issued July 24, 2020. This list should be used until September 8, when an updated list will be posted.

Finally, on August 5, The District issued a guidance on school reopening including recommendations for healthy practices and requirements that schools perform a daily health screen for all students and staff entering the building. All students and staff must wear non-medical face coverings or face masks at all times while at school.

Florida:

(Miami-Dade County): On September 2, Mayor Gimenez issued an Executive Order extending the state of local emergency for an additional 7-day period, beginning on September 3, 2020.

Iowa:

On September 3, the Iowa Workforce Development announced it has begun accepting applications under the Lost Wages Assistance (“LWA”) program. In order to be eligible for the LWA program, applicants must be unemployed, partially unemployed, or unable or unavailable to work due to disruptions caused by COVID-19. Additionally, the applicant must have been eligible for at least $100 per week in unemployment benefits as of August 1, 2020. Eligible claimants will receive an additional $300 per week and the first payment will include retroactive payments to the week ending on August 1, 2020. The LWA program will expire when the first of the following occurs:

1. FEMA expends $44 billion from the Disaster Relief Fund;
2. The balance of the Disaster Relief Fund decreases to $25 billion or less;
3. Congress enacts legislation that provides supplemental federal unemployment compensation or similar compensation for unemployed or underemployed individuals due to the COVID-19 pandemic; or
4. December 27, 2020.

Applicants may apply for the LWA program here.

Kansas:

On September 2, 2020, Governor Kelly announced that beginning Wednesday, September 9, the state will begin to release the names and locations of active COVID-19 outbreaks within the state. Active locations will be released when there are five (5) or more confirmed cases associated to a location. For private businesses, the name of the business will only be released if there are twenty (20) or more cases. This information will be published weekly on Wednesdays, on the COVID-19 dashboard on the Kansas Department of Health and Environment website.

(Johnson County): On September 3, 2020, the Johnson County Department of Health and Environment released new restaurant guidance to help restaurants understand the safety precautions in place and what to do should a worker test positive for COVID-19.

Maine:

On September 2, 2020, Governor Mills signed a proclamation extending Maine’s state of civil emergency through October 1, 2020.

Maryland:

On September 1, Governor Hogan announced that Maryland will enter Stage Three of COVID-19 Recovery, and issued a corresponding Order Amending and Restating its August 3, 2020 order Allowing Reopening of Certain Businesses and Facilities, Subject to Local Regulation, and Generally Requiring Use of Face Coverings. The proclamation, effective immediately authorized the Secretary of Health to issue directives under the Order to prevent and reduce the spread of COVID-19, including prohibitions on congregating in groups. It provides that outdoor public spaces (such as parks and playgrounds) may be opened to the general public subject to certain requirements to consult with a local health officer. The order provides that religious facilities, retail establishments, and malls may open at 75% capacity of maximum occupancy (an increase from the previous 50%). A full list of businesses allowed to reopen, and the various restrictions applicable to such businesses can be found in the order. All such reopenings are subject to the discretion of local jurisdictions, which may opt out. The order also provides that all persons in Maryland over the age of 5 must wear a face covering when in public transportation, indoors in a public location (such as a religious facility or restaurant), outdoors and unable to maintain 6’ of social distance, obtaining healthcare services, or engaged in work in public areas or in food preparation or packaging.

On August 27, Governor Hogan announced that every County school system is fully authorized to begin safely reopening pursuant to guidance and benchmarks issued by the Maryland Department of Health in collaboration with the Maryland State Department of Education.

Governor Hogan also previously issued a Renewal of Declaration of State of Emergency due to COVID-19 on Monday, August 10, 2020. The proclamation, effective immediately, renewed the original State of Emergency dated March 5, 2020. The proclamation also provides that in preparation for and execution of the General Election, the applicable COVID-19 guidance published by the U.S. Center for Disease Control and Prevention and the Maryland Department of Health must be complied with to the maximum extent possible. The Order also provides for additional voting centers for the November 3 General Election.

New Mexico:

New Mexico Department of Public Health issued a revised Public Health Order on August 27, 2020. The order modifies the Department’s prior order in several key respects, which moderately lessen the restrictions on houses of worship, restaurants, and mass gatherings. The order remains in effect until September 18, 2020.

The revised order authorizes the following business and social activities:

• Houses of worship may now operate at 40 percent of maximum occupancy of any enclosed building, an increase from 25 percent, in accordance with COVID-Safe Practices;

• Food and drink establishments (including restaurants, breweries, wineries, distillers, cafes, coffee shops or other similar establishments) may provide indoor dining service at 25 percent of maximum occupancy, in accordance with COVID-Safe Practices; tables – inside or outside – must be spaced at least six feet apart, and no more than six patrons are permitted at a single table;

• Museums with static displays may operate at 25 percent capacity, while museums with interactive and/or immersive displays must remain closed, museums; and

• Mass gatherings of more than 10 individuals are prohibited.

North Carolina:

On September 2, Governor Roy Cooper announced the North Carolina Department of Health and Human Services launched the NC Medicaid Optional COVID-19 Testing program, which will reimburse Medicaid providers for costs associated with COVID-19 testing of people without insurance. Federal funding will be available to cover 100% of costs directly related to COVID-19 testing, including both viral and serological or antibody tests, through the federal Families First Coronavirus Response Act. In North Carolina, Medicaid-enrolled providers may file directly with NC Medicaid for reimbursement for testing eligible uninsured individuals. Costs for COVID-19 tests will be covered retroactively up to three months if people were uninsured at the time of the test.

North Dakota:

On September 3, Governor Burgum announced changes to the COVID-19 risk levels for 21 of North Dakota’s 53 counties under the ND Smart Restart Plan. Eight counties – Barnes, Benson, Burleigh, Grand Forks, McLean, Morton, Stark and Williams – are moving from the low risk level (green) to the moderate risk level (yellow) under the ND Smart Restart color-coded health guidance. These counties currently account for 64 percent of North Dakota’s 2,437 active cases.

The county-by-county risk levels will take effect Friday, September 3 at 5 p.m. For those moving from low risk to moderate risk, the recommendation for capacity in bars and restaurants decreases from 75 percent to 50 percent and the recommendation for large gatherings would decrease from 75 percent occupancy up to 500 attendees, to 50 percent occupancy up to 250 attendees

The governor also signed two executive orders today:

• Executive Order 2020-40 allows qualified applicants wanting to practice dentistry in North Dakota to complete their patient-based clinical competency exam on a mannequin instead of a live patient, reducing the risk of virus spread.

• Executive Order 2020-42 allows for interim substitute teachers to remain in a classroom beyond the current limitation of 10 consecutive days.

Wyoming:

Governor Mark Gordan announced the extension of Wyoming’s public health orders through September 15. The orders continue to permit outdoor gatherings of 50% or less of the venue’s occupancy limit for a maximum of 1,000 people and indoor gatherings of 50 people with no restrictions or 250 people if social distancing and frequent sanitization is implemented. The orders for restaurants, fitness centers, performance spaces, and personal care services also remain unchanged.

September 2, 2020

Alabama:

Governor Ivey issued an amended Safer at Home order to extend the statewide mask mandate and existing COVID-19 health order until October 2. The order requires every person wear a mask or face covering over their mouth and nose when within six feet of a person from another household in public, or in an outdoor space where more than ten people are gathered together.

Illinois:

Governor Pritzker and the Illinois Department of Public Health announced additional COVID-19 mitigations to be implemented in Region 4 effective September 2. Region 4, also referred to as the Metro East region, consists of the following counties: Bond, Clinton, Madison, Monroe, Randolph, St. Clair and Washington. Tier 1 mitigations were instituted in Region 4 on August 18. With a current 7-day rolling test positivity average of 9.6%, Region 4 will now be subject to Tier 2 mitigations. These new mitigation requirements include:

• Bars
  • All bars close at 11:00 p.m. and may reopen no earlier than 6 a.m. the following day
  • No indoor service
  • All bar patrons should be seated at tables outside
  • No ordering, seating, or congregating at bar (bar stools should be removed)
  • Tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • No dancing or standing indoors
  • Reservations required for each party
  • No seating of multiple parties at one table
• Restaurants
  • All restaurants close at 11:00 p.m. and may reopen no earlier than 6:00 a.m. the following day
  • No indoor dining or bar service
  • Tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • Reservations required for each party
  • No seating of multiple parties at one table
• Meetings, social events and gatherings (including weddings, funerals, potlucks, etc.)
  • Limit to lesser of 25 guests or 25% of overall room capacity both indoors and outdoors
  • No party buses
  • Gaming and Casinos close at 11:00 p.m., are limited to 25 percent capacity, and follow mitigations for bars and restaurants, if applicable
• Organized group recreational activities (fitness centers, sports, etc.)
  • No change
  • All Sport Guidance effective August 15, 2020, remains in effect
  • Outdoor Activities (not included in the above exposure settings) continue per current DCEO guidance

Additional information on the COVID-19 mitigation tiers can be found here.

Massachusetts:

Governor Baker issued Order No. 49, which took effect on August 28, 2020, which will remain in effect until rescinded or until the state of emergency has ended. This order allows the Department of Early Education to provide rules and guidance for childcare programs providing for children participating in remote education.

Michigan:

Governor Whitmer signed three new executive orders today. Executive Order 2020-172, which rescinds Executive Order 2020-166, prohibits employers from discharging, disciplining, or otherwise retaliating against an employee for staying home when he or she is at particular risk of infecting others with COVID-19. Specifically, employers must treat such an employee as if he or she were taking medical leave under the Paid Medical Leave Act, 2018 PA 338, as amended, MCL 408.961 et seq.

Second, Governor Whitmer signed Executive Order 2020-173, which rescinds Executive Order 2020-158, encourages the use of electronic signatures and remote notarization, witnessing, and visitation during the COVID-19 pandemic. To effectuate this, strict compliance with the rules and procedures under the Uniform Electronic Transactions Act and the Uniform Real Property Electronic Recording Act are temporarily suspended. As such, a signature will not be defined legal effect or enforceability solely because it is in electronic form and if a law requires a signature, an electronic signature satisfies the law. This order will continue through September 30, 2020 at 11:59 p.m.

Lastly, Governor Whitmer signed Executive Order 2020-174 continues the visitation restrictions put into place under Executive Order 2020-156 through September 30, 2020 at 11:59 p.m. Specifically, all health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities must prohibit certain groups from entering their facilities, including any visitors that are not necessary for the provision of medical care and the support of activities of daily living. These facilities must also perform a health evaluation of all individuals that are not under the care of the facility each time the individual seeks to enter the facility.

Missouri:

(Clay County): Clay County issued Public Health Emergency Order 08212020, which took effect August 24, 2020, and will continue until further notice. Under this order, all provisions from Order No. 07012020 will continue. Additionally, the order exempts essential governmental functions, and specifically allows schools to open and youth sports to resume with COVID-19 related precautions.

(City of Columbia/ Boone County): The City of Columbia issued Order No. 2020-10 and Boone County issued Order No. 2020-10C, which took effect on August 28, 2020. The orders extend phase two of the reopening plans until September 17, 2020, at 11:59 p.m. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Must stop serving alcohol by 9:00 p.m. and must close by 10:00 p.m.
  • Are limited to ten persons per table
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Childcare services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

North Dakota:

The North Dakota Department of Health, in coordination with the North Dakota University System (“NDUS”), is encouraging students at colleges and universities to stay on campus for the Labor Day holiday. “We are concerned that students [who have a propensity for being asymptomatic] who travel home may unintentionally infect a family member. If we all work together and keep doing our part, we can fight the spread COVID-19” stated NDUS Chancellor Mark Hagerott. The NDUS, in collaboration with the North Dakota Department of Health, continues to hold mass testing events for COVID-19 in multiple locations across the state.

Rhode Island:

Governor Raimondo issued Executive Order 20-69 on September 2, 2020 that extends the following executive orders on September 3, 2020 until October 3, 2020:

• Executive Order 20-02 (Declaration of Disaster Emergency).
• Executive Order 20-06 (Fourth Supplemental Emergency Declaration - Expanding Access to Telemedicine Services).
• Executive Order 20-16 (Thirteenth Supplemental Emergency Declaration - Authorizing Waiver and Medicaid State Plan Amendments and Adjustments to Essential Provider Rates).
• Executive Order 20-17 (Fourteenth Supplemental Emergency Declaration - Testing, Critical Supplies and Hospital Capacity Reporting).
• Executive Order 20-19 (Sixteenth Supplemental Emergency Declaration - Increasing Access to Unemployment Insurance).
• Executive Order 20-60 (Fifty-Fifth Supplemental Emergency Declaration - Continuing to Require Cloth Face Coverings in Public).

Tennessee:

(Nashville/Davidson County): The Chief Medical Officer of Nashville/Davidson County issued Amended and Restated Order 11 for Nashville and Davidson County, which continues the pause in portions of phase III and extends hybrid phase III of the City and County Roadmap for Reopening Nashville. The Amended and Restated Order 11 continues most of the provisions of Order 11, which was effective August 16, 2020, but makes the following changes:

• Section 2 was revised to allow on-site activities to reopen at hospitality, sports and entertainment, venues, businesses and facilities with an occupancy limit of 1,500 or greater based on TN’s Building and Fire code.
• Section 4 was revised as follows:
  • Limited service restaurants and bars that hold an on-premise beer permit but not a license issued by the Tennessee ABC may increase the number of patrons on their premises to 50 patrons, so long as the number of patrons indoors is the lesser of 25 or 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code. Limited service restaurants and bars are subject to the same conditions applicable to restaurants, such as adhering to CDC guidance and City directives regarding social distancing, mask wearing, limited party size, and limits on live music and entertainment.
  • Restaurant bar counters may open to the public at 50% or less of seated counter capacity, subject to compliance with CDC guidance on social distancing between parties.
  • Water fountains are permitted in limited service restaurants and restaurants.
• Section 7 was revised and expanded to allow more people to attend more types of public gatherings. Community, civic and sporting events, parades, concerts, festivals, conventions, fundraisers, private gatherings and similar activities are now permitted at 30% or less of building capacity based on Tennessee’s Building and Fire Code up to a maximum of 125 people. Sponsors or hosts must file a written plan with the Health Department and obtain advance written approval and must comply with substantially the same conditions required of restaurants.
• Section 12 was revised to permit reopening of so-called “transpotainment.” Pedicabs and pedal carriages may operate at 50% capacity up to 10 people, and larger vehicles may operate at 50% capacity up to a maximum of 25 people, if the vehicle is equipped with seats attached to the vehicle and all passengers remain seated, or a maximum of 10 passengers if any passenger is permitted to stand. Businesses subject to Section 12 must comply with specific conditions, including that the businesses are closed between 10:30 p.m. and 5:00 a.m., no alcohol is to be consumed by any person in or on the vehicle, and no stops are permitted at any establishment that sells or serves food, beverages or alcohol.
• New Section 13 was added to permit sexually oriented establishments to reopen with the lesser of 25 patrons or 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code on premises, and subject to conditions substantially similar to the conditions applicable to restaurants.

West Virginia:

On September 2, Governor Justice announced that he issued an executive order, once again closing all bars in Monongalia County until further notice. The new closure comes two days after bars in Mon County were permitted to open their doors for the first time since mid-July.

Wisconsin:

(Dane County and Madison): On September 1, 2020, the Public Health Officer of Dane County and Madison issued Emergency Order #9 Amendment, which goes into effect on September 2, at 12:01 a.m. This Order outlines statistics which demonstrate that school-aged children contract COVID-19 at lower rates than older populations. Based on this data, the Public Health Office is permitting in-person student instruction for grades kindergarten through second grade, as well as students in any grade with a disability and/or an Individualized Education Program. However, grades third though twelfth are still required to conduct classes virtually. This order continues the limitations on taverns and mass gatherings and requirements for face coverings as outlined in Emergency Order 8, which went into effect on July 13, 2020. Both orders remain in effect until further notice.

September 1, 2020

Arizona:

On September 1, Governor Ducey issued Executive Order 2020-53, deferring the renewal requirements for Class D and Class M Arizona driver licenses that expire between March 1, 2020 and December 31, 2020, to one year from the expiration date printed on the original driver license card. The Order terminates on January 1, 2022.

California:

Governor Newsom and the State’s legislature acted at the end of August to expand the State’s eviction-relief efforts through the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act.

Under the legislation, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 to August 31, 2020, if the tenant provides a declaration of hardship according to the Act’s timelines. For a COVID-19 related hardship that accrues between September 1, 2020 to January 31, 2021, tenants must also pay at least 25 percent of the rent due to avoid eviction.

The Act does not, however, relieve tenants of their obligation to pay all rent owed to the landlord. Tenants remain responsible for those amounts, and the Act permits landlords to begin collecting unpaid amounts on March 1, 2021.

The legislation also extends anti-foreclosure protections in the Homeowner Bill of Rights to small landlords; provides new accountability and transparency provisions to protect small landlord borrowers who request CARES-compliant forbearance; and provides the borrower who is harmed by a material violation with a cause of action.

Connecticut:

On September 1, Governor Lamont Renewed COVID 19 Emergency Declarations. Governor Lamont authorized and directed the Commissioner of Public Health to delegate the powers regarding isolation or quarantine to municipal and district directors of public health, while concurrently retaining such authority.

Florida:

Governor DeSantis issued Executive Order 2020-211, which further extends the suspension of mortgage foreclosures and eviction actions on single-family residences which have been adversely affected by the COVID-19 emergency, until 12:01 a.m. on October 1, 2020.

Georgia:

On August 31, 2020, Governor Kemp signed Executive Order 08.31.20.01, which extends the Public Health State of Emergency until October 10, 2020 at 11:59 p.m. The Governor also issued Executive Order 08.31.20.02, which extends present COVID-19 guidelines and restrictions, including the provisions permitting mask mandates by certain local governments, until 11:59 p.m. on September 15, 2020. By extending the “Empowering A Healthy Georgia” Order, previous social distancing guidelines remain in effect, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Under the latest Order:

• All residents and visitors to Georgia are strongly encouraged to wear face coverings, and practice sanitation in accordance with the guidelines published by the Centers for Disease Control and Prevention.
• No business, establishment, corporation, organization or local government shall allow gatherings of 50+ people in a single location if to be present, persons are required to stand or be seated within 6 feet of any other person.
• Workers at all Restaurants and Dining Rooms are required to wear face coverings while interacting with patrons.
• Routine inspection timelines under the Georgia Administrative Rule 511-6-1-.10(2) may be extended by 120 days for any permit holder of a food service establishment maintaining an “A” food safety rating and was scheduled to have a routine inspection at any time between March 14, 2020, and September 10, 2020 (*please note that while the Executive Order is extended through September 15, this inspection extension only applies if a routine inspection is scheduled through September 10).
• Critical infrastructure and other businesses that continue in-person operation should (but are not required to) implement measures such as providing PPE to workers, providing disinfectant and sanitation products to workers, and increasing physical space between workers’ worksites to at least six feet.
• Gyms and fitness centers shall prohibit entrance to individuals diagnosed with COVID-19, having symptoms of COVID-19, or having had contract with a person having or suspected of having COVID-19.
• Schools can require faculty and workers to attend meetings or other necessary activities at a school or facility for the purpose of supporting distance learning, research, administration, maintenance, or preparation for the 2020-21 school year.
• Schools shall screen and evaluate students and workers exhibiting COVID-19 symptoms and require them to not report to school.
• Schools, subject to their discretion, may require workers and students to wear masks or face coverings while indoors on school property during school hours.
• Local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may impose a “Local Option Face Covering Requirement.”

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Hawaii, Nebraska, and North Carolina effective Friday, September 4 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents for two consecutive weeks.

Nebraska:

(Omaha): On September 1, 2020, the Omaha City Council voted to extend Omaha’s Mask Mandate to October 20, 2020. The mandate had been set to expire on September 15, 2020. The renewed Mandate is identical to the Mandate that has been in effect, with only three differences:

1. the signs required to be posted by public premises regarding masks are now required to be on a poster or paper with a minimum size of 8.5 inches by 11 inches, and to be written or typed in a legible font or typeface no smaller than 12 points;
2. an exemption has been added for individuals actively participating in a team sports activity, while the level of exertion makes it difficult to wear a face covering; and
3. the Mandate clarifies that the various exemptions to the Mandate do not forbid the owner of a public premises from implementing a more restrictive face covering policy.

Nevada:

On August 31, Governor Steve Sisolak signed Emergency Directive 031, which prohibits the initiation of a nonpayment of rent summary eviction action by service of a pay or quit notice for 45 days, through October 14, 2020 at 11:59 p.m. Emergency Directive 031 also terminates Emergency Directive 008 and Emergency Directive 025, both of which previously governed Nevada’s eviction moratorium. Guidance for tenants and landlords under Emergency Directive 031 can be found here.

New Hampshire:

On August 31, Governor Sununu issued an emergency order extending Executive Order 2020-04 until September 1, 2020. Executive Order 2020-04 declared a state of emergency due to Coronavirus (COVID-19).

New Jersey:

Governor Phil Murphy today advised individuals traveling to New Jersey from states or territories with significant community spread of COVID-19 to quarantine for a 14-day period from the time of last contact within the identified state or territory. The updated advisory includes two additional states Alaska and Montana, bringing the total to 33 states and territories. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average. As of Tuesday, September 1, there are currently 33 states and territories that meet the criteria stated above: Alabama; Alaska; Arkansas; California; Florida; Georgia; Guam; Hawaii; Iowa; Idaho; Indiana; Illinois; Kansas; Kentucky; Louisiana; Minnesota; Missouri; Mississippi; Montana; North Carolina; North Dakota; Nebraska; Nevada; Oklahoma; Puerto Rico; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; Virgin Islands; and Wisconsin.

Governor Murphy also signed Executive Order No. 183, which establishes rules for the resumption of indoor dining on Friday, September 4 at 6:00 a.m., provided businesses comply with the health and safety standards issued by the Department of Health. The Governor’s Executive Order also contains requirements for movie theaters and other indoor entertainment businesses, where the number of patrons for a performance will be limited to 25 percent capacity, up to a maximum of 150 people. The Governor’s Order also increases the limits for indoor gatherings that are religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services to 25 percent capacity with a maximum of 150 people, an increase from the current limit of 25 percent capacity with a maximum of 100 people. Other indoor gatherings, including house parties, remain at the limit of 25 percent capacity with a maximum of 25 people. The Governor’s Executive Order includes requirements for theaters and indoor performance venues to reopen to the public on Friday, September 4, which include:

1. Any particular showing is limited to 25 percent capacity with a maximum of 150 people;
2. Groups that buy tickets together can sit together, but must be at least 6 feet apart from all other groups; and
3. Individuals must wear masks, unless they are removing them to eat or drink concessions.

New York:

Governor Andrew M. Cuomo announced two additional states—Alaska and Montana—meet the metrics to qualify for New York State's COVID-19 travel advisory. No areas have been removed. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

North Carolina:

On August 31, Governor Roy Cooper signed Executive Order 162 to extend the limited hours on the sale of alcoholic drinks in North Carolina. As the state continues to fight the spread of COVID-19, the Order requires restaurants to end the sale of alcoholic beverages at 11 p.m. This Order will remain in effect through October 2, 2020.

On September 1, Governor Cooper announced that North Carolina will take a modest step forward and move into Phase 2.5 starting this Friday, September 4, at 5 p.m. Mask mandates and other prevention methods remain in effect. Changes under the Phase 2.5 Order includes:

• Mass gathering limits will increase to 25 people indoors and 50 people outdoors from the current limit of 10 indoors and 25 outdoors.
• Playgrounds may open.
• Museums and aquariums may open at 50% capacity.
• Gyms and indoor exercise facilities, such as yoga studios, martial arts, and rock climbing, as well as skating rinks, bowling alleys, indoor basketball, and volleyball, among others, may open at 30% capacity.
• Bars, nightclubs, movie theaters, indoor entertainment facilities, amusement parks, dance halls will remain closed.
• Large venues remain subject to the mass gathering limits.

In addition, NCDHHS Secretary Mandy Cohen issued a Secretarial Order allowing for outdoor visitation at nursing homes or skilled nursing facilities. To participate, nursing homes must meet several requirements, including, but not limited to: not having a current outbreak, having a testing plan and updated written Infection Control or Preparedness plan for COVID-19, and having adequate personal protective equipment. The Secretarial Order is effective as of September 4 at 5 p.m. and remains in effect through September 22, 2020.

North Dakota:

On August 31, FEMA Administrator Pete Gaynor announced that North Dakota’s application for a FEMA grant under the Lost Wages Assistance program had been approved. FEMA’s grant funding will allow North Dakota to provide $300 per week -- on top of their regular unemployment benefit -- to those unemployed due to COVID-19. FEMA will work with North Dakota Governor Doug Burgum to implement a system to make this funding available to North Dakota residents.

Oregon:

On September 1, Governor Brown extended her declaration of a state of emergency regarding COVID-19 for an additional 60 days, until November 3, 2020. This declaration provides the legal underpinnings to allow for Governor Brown’s executive orders to stay in effect. Governor Brown reviews and reevaluates each of her emergency orders every 60 days, to determine whether those orders should be continued, modified, or rescinded. The findings of this review process are listed in the executive order.

The Oregon Department of Consumer and Business Services announced on September 1 that Oregonians who were eligible for a standard special enrollment period to enroll in private health coverage, but missed this window due to COVID-19, can use the FEMA SEP to enroll in a plan. They would need to submit proof of their life change but do not need to submit proof that they have been affected by COVID-19.

On August 31, Governor Brown extended protections from foreclosure for Oregon homeowners and business owners through executive action, until December 31. Executive Order 20-37 will extend House Bill 4204’s current moratorium on foreclosures, as allowed by that legislation.

The Governor is also continuing to have conversations with community leaders and stakeholders to look at options surrounding a moratorium for evictions for renters, which does not expire until September 30.

The Legislature’s Emergency Board allocated $55 million for rent assistance through December, and $20 million for affordable housing operating support for OHCS partners. In April, the Emergency Board also allocated $12 million in emergency funding for safe shelter and rental assistance. Congress has also passed about $82 million in housing supports and other housing-related services for Oregonians, including funds for rental and utility assistance.

Pennsylvania:

Governor Tom Wolf signed a second renewal of his 90-day disaster declaration for the COVID-19 pandemic yesterday. He originally signed it March 6 following the announcement of the first two presumptive positive cases of the virus in the commonwealth. The emergency disaster declaration provides for increased support to state agencies involved in the continued response to the virus and recovery for the state during reopening. This includes expediting supply procurement and lifting certain regulations to allow for efficient and effective mitigation.

Tennessee:

(Nashville/Davidson County): The Chief Medical Director of Nashville/Davidson County issued the Second Amended and Restated Order 10 for Nashville and Davidson County, which continues the pause on portions of phase III and further modifies hybrid phase II of the City and County’s reopening plan. The Second Amended and Restated Order 10 applies only with respect to specified Downtown and Midtown areas and includes the following provisions:

• Prohibits the consumption and possession of alcohol outside of licensed premises
• Limits the number of patrons at licensed Limited Service Restaurants to 50 patrons on premises, with the lesser or 25 patrons or 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code permitted indoors
• Limits the number of patrons at licensed Restaurants to the lesser of 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code or 100 patrons per floor
• Limited Service Restaurants and Restaurants must also comply with numerous specified protocols, including but not limited to:
  • Distributing patrons equally through their space
  • Conforming with CDC and City guidance regarding mask wearing, hand sanitation, and other social distancing measures
  • No ancillary or participatory activities such as arcade games, darts, axe throwing, among others
  • All patrons must be off premises and the premises closed between 10:30 p.m. and 5:00 a.m.
• Bar counter areas may open at 50% or less of counter capacity and customers are not permitted to stand at the bar
• Live music and entertainment is permitted in accordance with issued guidelines, including that temperatures will be checked upon arrival, musicians will be staged at least 15 feet from patrons, no dance floor is permitted, and performers may not share equipment
• Bars having a beer permit but not a license issued by the Tennessee ABC may operate so long as they do not exceed 50 patrons on the premises, with the lesser of 25 patrons or 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code permitted indoors

The Second Amended and Restated Order 10 is effective September 1, 2020 through September 30, 2020.

Washington:

On August 31, Governor Inslee announced nearly $190 million will be awarded from the state’s federal stimulus funding to local governments that did not receive direct distributions under the CARES Act.

The new funding for cities and counties comes on top of nearly $300 million that was distributed last spring to cities and counties with populations under 500,000 that were ineligible to receive direct funding from the federal government under the CARES Act.

Specific allocations to cities and counties will be released by the Department of Commerce in the coming days. Each county will receive a minimum distribution of $300,000 and each city will receive a minimum distribution of $30,000 from the state. The state Department of Health will distribute funding for local health jurisdictions.

August 31, 2020

Arkansas:

The Arkansas Department of Health updated its guidance regarding face coverings, which was initially effective on July 20, 2020. Under new guidance, masks with valves are not permitted, and bandanas and single-layer neck gaiters are strongly discouraged. If individuals wish to wear bandanas or neck gaiters, the Department of Health recommends doubling them in order to provide two layers of protection.

Connecticut:

On August 28, the Connecticut Judicial Branch announced that some court operations will resume at the following locations on Tuesday, September 8:

• Geographical Area No. 23 Courthouse at New Haven, 121 Elm Street
• Juvenile Matters at New Haven, 239 Whalley Avenue
• Juvenile Matters at Waterford, 978 Hartford Turnpike
• Juvenile Matters at Willimantic, 81 Columbia Avenue

A range of civil, criminal, family, and juvenile proceedings are being processed both by remote technology and within courthouses. Individuals entering a court facility must wear a face mask covering their mouth and nose. In addition, to allow for social distancing, the number of people allowed into a courthouse, courtroom, office, lobby, or corridor may be limited.

Florida:

Governor DeSantis issued Executive Order 20-210, which defers the renewal deadline through December 31, 2020, for the holder of any license, permit, registration, or certification issued by the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, for the purposes of engaging in the manufacturing, sale or distribution of alcoholic beverages in Florida, that has an existing renewal deadline that falls on or before December 31, 2020.

(Palm Beach County): County Administrator Verdenia Baker issued Emergency Order No. 22, which authorizes tattooing, body piercing, and tanning establishments to operate with appropriate safety guidelines outlined by the Florida Department of Health. The order takes effect on August 31, 2020 and expires upon the expiration of the existing State of Local Emergency.

(Miami-Dade County): Mayor Gimenez issued Emergency Order 18-20, which amends the reporting requirements applied to hospitals, to require that information be reported to the County only once a day (instead of twice a day), and which eliminates the requirement that hospitals report the age, gender, body mass index, and occupation of each COVID-19 positive patient admitted that day that is under 90 years old.

Mayor Gimenez also issued Emergency Order 28-20 which, effective August 31, 2020, permits retail, commercial, and any other establishment or facility to open provided: (1) facial covering, and other requirements relating to the posting of signage, sanitation, and social distancing are complied with; (2) activity-specific requirement stated in the “Moving To A New Normal Handbook” are satisfied; (3) facial covering requirements are met; and (4) entry of County or municipal personnel onto the establishment’s property for the sole purpose of inspection for compliance with the order is permitted. Establishments that are not in compliance with the order must immediately close and must satisfy stated criteria (which include closing for a minimum 24-hour period and taking all measures necessary to come into compliance with the order’s requirements). Restaurants and other food service establishments with seating for more than 8 people must close for on-premises dining between the start of curfew (determined by Emergency Order 27-20), and 6:00 am the next morning. Movie theatres, concert houses, convention spaces, auditoriums, playhouses, bowling alleys, arcades, indoor amusement facilities, adult entertainment, conventions, and other temporary events (except for outdoor events which may be held with appropriate social distancing, such as by attendees remaining in their own cars), must remain closed. Bars, pubs, night clubs, ball rooms, banquet halls, cocktail lounges, cabarets, hookah lounges, and breweries must also remain closed, provided that such venues, if licensed to do so, may only sell food and alcoholic beverages for onsite consumption, subject to the Handbook’s requirements. The order lifts social distancing and capacity limitation restrictions which apply to commercial lodging establishments and facilities designed as shelters, for the duration of an emergency, hurricane or tropical storm warning, if such a warning is issued, or a state of emergency is declared due to a tropical storm or hurricane, for all or part of the County

(Miami-Dade County): Mayor Gimenez issued an Executive Order extending the state of local emergency for an additional 7-day period, beginning on August 27, 2020.

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency, which extends the state of emergency in Palm Beach County through September 4, 2020.

(Palm Beach County): County Administrator Verdenia Baker issued Emergency Order No. 21 which, effective at 5:00 p.m. on August 27, 2020, amends the provisions of Emergency Orders 2020-007 and 2020-011 as they relate to public and private parks, to permit the following activities:

1. Skate parks and bicycle tracks may be open with supervision as determined by park management;
2. All park playgrounds, water playgrounds, play and exercise equipment may be open;
3. Water fountains may be open;
4. Volleyball courts may be open;
5. Campgrounds may begin taking reservations for stays on or after October 1, 2020;
6. Supervised sports facilities with lights may be open after sunset; and
7. Adult sports activities and leagues are permitted.

(Palm Beach County): County Administrator Verdenia Baker issued Emergency Order No. 20 which, effective August 23, 2020, extends Executive Order 2020-012’s requirements that facial coverings be worn by all persons, other than those specifically exempted, while in public spaces, while using the County’s transit services, while accessing governmental businesses, or whole obtaining goods and services from, or otherwise visiting or working in any business or establishment. The Order is extended through 12:01 am on September 22, 2020.

Hawaii:

(Honolulu City and County): With Governor Ige’s approval, Mayor Kirk Caldwell issued a Second Stay at Home/Work from Home Order. All individuals within the City are required to stay at home, except to participate in Essential Activities, Essential Governmental Functions, or to operate or visit Essential businesses. All businesses within the City, except for Essential Businesses, are required to cease all activities, except to maintain minimum basic operations. Businesses may continue operations which consist exclusively of employees or contractors working from home. Essential Businesses are required to maintain social distancing requirements. Essential businesses include, among others:

• Grocery stores,
• Food cultivation,
• Newspapers, television, radio, and other media services;
• Educational Institutions (including public and private K-12 schools, colleges, and universities), for the propose of facilitating distance learning, performing critical research, or performing essential functions, provider social distancing is maintained. The University of Hawaii System and State Department of Education are excepted from the Order’s restrictions on educational institutions.
• Businesses that supply produces for those working from home;
• Businesses that supply other Essential Businesses with the support or supplies necessary to operate
• Professional services, such as legal, accounting, insurance, or real estate services when necessary to assist in compliance with legally mandated activities;
• Critical trades

Indoor and outdoor social gatherings of any type and number of people are prohibited. Unless covered by the limited exceptions to the rule, all individuals within the City are required to wear face coverings while outdoors, if maintaining a physical distance of 6-feet from individuals of other households or living units is not feasible. Face coverings must be worn in indoor public spaces. The order prohibits singing and/or the playing of a wind instrument and similar activities but permits such activities if they are performed at a gathering/business/operation authorized under the order, and mitigation measures are taken (physical distancing and physical barriers). The order takes effect on August 27, 2020 and continues through September 9, 2020.

Kansas:

On August 27, 2020, Governor Kelly and several state agencies announced an effort to allocate $8 million in CARES Act funds to cover health care expenses for essential workers who have contracted COVID-19. Covered workers include health care professionals, emergency responders, food service workers, construction, child care providers, and agricultural workers. Covered workers who have incurred expenses related to COVID-19 may apply under the Kansas Hero Relief Program for up to $25,000 for uninsured individuals, or up to $15,000 for insured individuals.

On August 27, 2020, the Kansas Department of Health and Environment amended its travel quarantine list guidance to include Aruba. Anyone traveling to Aruba on or after August 27th must now quarantine for 14 days upon arrival back in Kansas.

(Johnson County): The deadline for Johnson County businesses and organizations to apply for personal protective equipment made available by the State of Kansas is Friday, September 4, 2020. All businesses and organizations are eligible and may receive disposable masks, face shields, and/or cloth reusable gowns.

Mississippi:

Governor Reeves extended the State’s Safe Return Order, created by Executive Order 1492, for another two weeks. The most recent amendments to the Safe Return Order created the state’s mask mandate (Executive Order 1516), and provided requirements and guidance regarding K-12 organized extracurricular events (Executive Order 1518) and college and university outdoor stadiums (Executive Order 1519). The text of the Executive Order has not been published, but it is expected to terminate on September 14, 2020 at 8 a.m., unless otherwise extended.

Nebraska:

(Douglas County): Free cloth masks are available to pick up at the Douglas County Health Department, weekdays, from 8:00 a.m. to 4:30 p.m.

Nevada:

On August 27, Nevada Health Response released an updated list of counties that are considered to have an elevated risk of transmission of COVID-19. In accordance with Nevada’s New Normal Plan, counties on the high transmission risk list must create action plans targeting sources of infection and community spread and submit the plans for review and approval by the Nevada COVID-19 Mitigation and Management Task Force. Humboldt County was removed from the list for the first time, and the following 6 counties remain flagged as high-risk counties: Churchill County, Elko County, Washoe County, Clark County, Nye County, Lander County.

North Dakota:

On August 26, Governor Burgum announced that North Dakota has applied to participate in the Lost Wages Assistance program created by President Donald Trump to ease the economic burden for those who have lost their employment because of the coronavirus pandemic. Job Service North Dakota submitted the state’s application to FEMA to participate in the program which provides an additional $300 to $400 per week in supplemental unemployment benefits, as part of FEMA’s authorization to spend up to $44 billion from the Disaster Relief Fund. “This program will provide much-needed assistance to North Dakotans who are facing unemployment through no fault of their own,” Burgum said.

To be eligible for Lost Wages Assistance, workers must self-certify that they were unemployed or partially unemployed due to disruptions caused by the COVID-19 pandemic as part of the initial unemployment insurance claims process or their required weekly recertifications. Burgum noted that North Dakota also reinstated its work registration and search requirements at the end of July for those seeking unemployment, after having suspended them in March when the pandemic hit North Dakota.

On August 25, the North Dakota Department of Human Services announced the creation of a new toolkit for parents of school-aged children called Parenting During a Pandemic. The North Dakota Behavior Health Division continues to develop new resources for not only parents, also for community members and professionals, making them available online at parentslead.org/COVID-19.

Ohio:

On August 31, Governor DeWine released this week's Ohio Public Health Advisory System map. New health data compiled by the Ohio Department of Health indicates that six counties currently have a very high risk of exposure and spread. This is the lowest number of Level 3 counties since the Ohio Public Health Advisory System was developed. Level 3 advises limiting travel to when necessary only and limiting attending gathering of any number.

• Increased to Level 3: Montgomery County
• Continue at Level 3: Erie, Lorain, Lucas, Mercer, and Preble Counties
• Decrease to Level 2: Clark, Clermont, Franklin, and Trumbull Counties
• Decrease to Level 1: Marion, Muskingum, Perry, and Sandusky Counties

Governor DeWine also announced that the Ohio Department of Health will be issuing an order that requires K-12 schools to establish a mechanism for parents and guardians to report confirmed cases of COVID-19 among their children. Schools should notify parents/guardians in writing about each case and include as much information as possible without disclosing protected health information. Schools should also make non-identifying information about positive COVID-19 cases publicly available. The forthcoming order will also direct all K-12 schools to report confirmed cases to their local health department, which will then report new cases and cumulative case data for students and teachers to the Ohio Department of Health. This aggregate data will be published at coronavirus.ohio.gov each Wednesday.

Furthermore, Governor DeWine announced that Ohio is pausing its work to test residents and staff at assisted living facilities through saliva testing instead of nasal swabs due to inconsistent test results.

Lastly, Lt. Governor Husted modified the current Sports Order to clarify that participants shall not compete in more than one contest or game in any calendar day, as compared to the 24-hour period outlined in the original order. The goal of this adjustment in language is to assist organizers and teams when scheduling games or contests.

Oregon:

On August 28, Governor Brown announced that two counties—Hood River and Multnomah—have succeeded in reducing the spread of COVID-19 sufficiently enough to be removed from the County Watch List. No counties have been added this week. This brings the total number of counties on the Watch List to six.

The complete County Watch List now includes the following six counties: Baker, Jackson, Jefferson, Malheur, Morrow, and Umatilla

On August 20, Governor Brown announced that two counties—Marion and Wasco—have succeeded in reducing the spread of COVID-19 sufficiently enough to be removed from the County Watch List. Meanwhile, Jackson County has been added to the Watch List.

On August 19, Governor Brown announced that Umatilla County has succeeded in reducing the spread of COVID-19 to the point that it will move from Baseline Stay Home status to Phase 1, effective Friday, August 21.

In Phase 1, recreational sports, swimming pools, and events and venues like movie theaters, bowling alleys, and arcades remain closed. Non-essential local travel is allowed. Personal services businesses are allowed to operate with health and safety measures in place. Restaurants and bars are open for dine-in service until 10:00 p.m. with health and safety measures in place. Indoor social gatherings remain capped at 10 people as long as physical distancing is maintained, while other gatherings are limited to 50 indoors and 50 outdoors. This means that indoor gatherings, including faith-based, civic, and cultural gatherings are limited to 50 indoors and 50 outdoors. Complete Phase 1 guidance is available by following this link.

On August 17, Oregon OSHA announced a proposed temporary rule that would combat the spread of coronavirus in all workplaces by requiring employers to implement risk-reducing measures, including social distancing, barriers, face coverings, cleanings, and information sharing.

OSHA is soliciting public comments on the proposal through August 31 by accepting comments at the following e-mail address: [email protected]. The full text of the draft, as well as background documents and other up-to-date information is available by following this link.

The temporary rule, which could take effect no later than Monday, September 14, would remain in effect for 180 days. The rule contains multiple provisions that would apply to all workplaces, including:

• Designing work activities and the workplace to eliminate the need for any worker to be within six feet of another person.
• Ensuring that face coverings are worn and that as much distance as practical is maintained where separation is not practical.
• Ensuring employees thoroughly clean surfaces at the beginning of each shift, including all “high contact surfaces” such as door handles and cash registers.
• Conducting a COVID-19 exposure risk assessment for situations where an employee is required to be within six feet of another person for a duration greater than 15 minutes.

Oregon OSHA previously announced on June 26 that it had begun work on this draft temporary rule addressing COVID-19. The division conducted the work in consultation with the Oregon Health Authority, technical advisors, and affected stakeholders.

Tennessee:

Governor Bill Lee signed Executive Order #59 which continues the state’s COVID-19 response and extends certain provisions of earlier Executive Orders 36, 38, 49, 50, 54 and 55 to allow ongoing regulatory flexibility, including but not limited to the following:

• Activation of the Tennessee Emergency Management Plan
• Out of state health care providers may practice in Tennessee and retired medical professionals may easily reenter the health care workforce
• Suspension of in person and live continuing education requirements for health care professionals
• Suspension of inspections of health care facilities, medical laboratories, mental health facilities, and substance abuse facilities
• Nursing graduates may practice under supervision without examination
• Pharmacists may process prescriptions remotely and each pharmacist may supervise more pharmacy technicians
• Degree holders in science fields may work as laboratory personnel under supervision
• Medical laboratory directors may monitor facilities remotely
• Pre-license, post-degree mental or behavioral health professionals may provide telehealth services under supervision
• Medical laboratory personnel may work remotely
• Suspension of certificate of need requirements for hospitals and nursing homes to the extent necessary to allow them to increase the number of licensed beds for the treatment of COVID-19 patients
• COVID-10 testing may occur at more medical laboratory facilities
• Telephone assessments for involuntary commitment cases are permitted
• Adjustment of TennCare policies to prevent coverage disruptions
• Designation and payment for certain nursing facilities as “COVID-19 Skilled Nursing Facilities/Units”
• Medicaid payments to “COVID-19 Nursing Facilities/Units”
• Expansion of telemedicine access and all licensed health care providers may practice telemedicine
• Temporary quarantine and isolation facilities may be constructed
• Deadlines for building code and building play inspections may be extended
• Time periods for completing securities registration requirements may be extended

Executive Order #59 also extends the certain deadlines, including the following:

• Health care licenses, certificates, and registrations are extended until August 31, 2020
• Driver licenses and photo IDs are extended until November 15, 2020
• Commercial driver licenses with medical cards are extended until September 29, 2020
• Enhanced handgun carp permits are extended through November 15, 2020

Executive Order #59 additionally extends provisions related to social distancing, urging individuals to wear masks in public places, restricting visitation to elderly-citizen and care related facilities, and encouraging use of restaurant carryout and delivery.

Executive Order #59 is effective August 29, 2020 through September 30, 2020.

Governor Bill Lee also signed Executive Order #60 to extend certain provisions relating to government proceedings. The Order permits governing bodies of public bodies, associations, non-profits, state agencies and departments to meet electronically rather than in person if the governing body determines that an electronic meeting is necessary to protect Tennesseans in light of the COVID-19 outbreak. Meetings conducted by electronic means on or before September 30, 2020 must be open and accessible to the public, and the governing body must make reasonable efforts to ensure that the public has live access, and if live access is not feasible then a clear audio or video recording of the meeting must be made available to the public as soon as practicable following the meeting, and in no event more than two business days after the meeting. Governing body meetings held electronically on or after October 1, 2020 must be accessible to the public by real-time, live audio or video access. In addition, a clear audio or video recorder of the meeting must be made available to the publico as soon as practicable following the meeting, and in no event more than two business days following the meeting.

Executive Order #60 is effective August 29, 2020 through October 28, 2020.

Lastly, Governor Bill Lee signed Executive Order #61 to extend authorization for remote notarization and witnessing of documents. Executive Order #61 is effective August 29, 2020 through September 30, 2020.

West Virginia:

Governor Justice first announced last week his intention to reopen Mon County bars on August 28, provided that case numbers didn’t see a significant increase. Governor Justice reported Friday that medical experts have confirmed that numbers in the region are stable at this time.

Wisconsin:

(Milwaukee): On August 28, 2020, the City of Milwaukee Health Department (MHD) issued an additional update on Order #4.1, which reports a statistically significant decline in COVID-19 cases and a decline in the positivity rate to 5%. Based on this update, there will be a hold in Phase 4.1, which will be reassessed on September 4th, 2020. The MKE Cares mask ordinance remains in effect, as well as the requirement for restaurants and bars to submit a safety plan and Risk Assessment Tool to continue offering in person dining services. All plans must be submitted to the MHD by 11:59 p.m. on September 15, 2020. Additionally, there is a new school resource webpage that provides a variety of for schools and businesses resources.

August 27, 2020

Connecticut:

On August 27, the Connecticut Department of Public Health announced that it has issued citations against two nursing homes – one in Hartford and one in Hamden – for violating Governor Lamont’s Executive Order No. 7AAA, which requires nursing homes to test staff and residents weekly for COVID-19. In each case, the nursing homes failed to properly implement the testing policy, under which all staff and residents are required to be tested for COVID-19 weekly until the facility records 14 days of testing with no new positive cases. Testing is being 100 percent funded by state and federal dollars through October 31, 2020.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include South Dakota effective Friday, August 28 at 12:01 a.m. Individuals arriving to Chicago from South Dakota or any of the 18 other states and territories currently included under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents for two consecutive weeks.

Indiana:

Governor Holcomb signed Executive Order 20-40, which waives certain administrative requirements to allow school corporations to contract with relevant organization to operate school age, in-person, child care programs in physical environments other than public school buildings in order to support community needs. The order also increased the child care options for pre-K through grade 12-school ages children participating in remote or e-learning by suspending certain licensing requirements, only to the extent necessary, to permit in-person supervision.

Governor Holcomb signed Executive Order 20-41, which extends the public health disaster emergency set forth in Executive Order 20-02 until October 2, 2020. He also signed Executive Order 20-42, which extends Stage 4.5 of Indiana’s Back on Track plan through September 25, 2020, and extends the directive of Executive Order 20-37 to wear a face covering through September 25, 2020.

Iowa:

Governor Reynolds signed a Proclamation of Disaster Emergency ordering all bars, taverns, wineries, breweries, distilleries, night clubs and other establishments that sell alcoholic beverages for consumption on their premises to close in the following counties: Black Hawk, Dallas, Johnson, Linn, Polk, and Story. These establishments may continue to sell alcoholic beverages for consumption off premises. Importantly, restaurants in these six counties may remain open, but they must stop selling alcoholic beverages after 10:00 p.m. and comply with social distancing requirements. The order is effective beginning at 5:00 p.m. on August 27 and remains in effect until September 20, 2020.

Michigan:

Governor Whitmer signed Executive Order 2020-167, which creates the Food Security Council, and advisory body within the Department of Health and Human Services. The Council is charged with identifying and analyzing food insecurity in Michigan, identifying and assessing policies to decrease food insecurity, and reviewing how current efforts related to food insecurity can best be coordinated.

Governor Whitmer also signed Executive Order 2020-168, which requires temporary safety measures for food-selling establishments and pharmacies. Grocery stores and pharmacies must create at least two hours per week of dedicated shopping time for vulnerable populations. Food-selling establishments and pharmacies must deploy strategies to reduce COVID-19 exposure, including providing access to handwashing facilities, ensuring checkout employees disinfect their hands between orders, and maintaining social distancing, among others. Additionally, this order rescinds Executive Order 2020-149.

Additionally, Governor Whitmer signed Executive Order 2020-169, which provides enhanced protections for residents and staff of long-term care facilities. This order rescinds Executive Order 2020-148. Finally, Governor Whitmer signed Executive Order 2020-170 which puts into place a temporary protocol for entry into Michigan Department of Corrections facilities and transfers to and from Department custody, which rescinds Executive Order 2020-146.

Minnesota:

On August 26, 2020, Governor Walz signed several executive orders that order the following:

• Executive Order 20-84: Executive Orders 20-15, 20-16, and 20-32 are rescinded. Paragraph 5 of Executive Order 20-23, which pertains to chloroquine and hydroxychloroquine, is rescinded.
• Executive Order 20-85: Higher education institutions may offer in-person classes or activities consistent with the Minnesota Health Department Guidelines. Each institution must continue to establish and implement a Higher Ed Plan which must address the following topics:
  • Follow OHE and MDH guidance;
  • Ensure that sick students and institutions staff and instructors stay home;
  • Require social distancing and face-coverings; and
  • Implement cleaning and disinfection protocols.
• Executive Order 20-86: In light of the COVID-19 health threats, and if virtual meetings are not feasible, cooperative or cooperative associates may forego their annual regular members’ meeting.

Texas:

(Austin/Travis County): On August 25, Austin and Travis County announced that they have moved back to Stage 3 of the COVID-19 Risk-Based Guidelines. Under Stage 3, individuals are urged to maintain social distancing and wear fabric face coverings in public, to avoid dining and shopping except with precautions, and to avoid all social gatherings and gathering in groups of more than 10 people. They are also advised they are safe to return to work at essential and reopened businesses.

August 26, 2020

Colorado:

Governor Polis issued Executive Order D 2020 174, which extends several prior orders authorizing the food truck operations at rest areas. The order’s purpose is to encourage commercial trucking operations by providing commercial truck drivers with access to freshly prepared meals. This authorization will expire on September 25, 2020.

Delaware:

On August 26, Governor Carney signed the Twenty Fifth Modification to the State of Emergency. The Modification takes the following actions:

• Formalizes the new face covering requirements for children,
• Requires Delaware schools to notify families if they become aware of positive cases of COVID-19 in their schools, and
• Directs the Department of Education to work with educators to develop a modified system for tracking student growth.

Georgia:

Governor Kemp recently announced that the state has opted into the federal Lost Wages Assistance Program, which will provide up to an additional $300 a week in unemployment benefits. To be eligible, a person must be unemployed or partially unemployed due to disruptions caused by COVID-19. The Georgia Department of Labor will handle implementing a statewide system to meet the Program guidelines and anticipates implementing the additional benefits within the next three to four weeks.

Kentucky:

Gov. Beshear issued an executive order to provide protections and clarity surrounding evictions during the coronavirus crisis. Landlords now must give tenants 30 days’ notice of an intent to evict for nonpayment of rent and work to come to an agreement during that time.

Louisiana:

On August 26, Governor John Bel Edwards signed an order that extends Phase Two and the statewide mask mandate, closure of bars to on-site consumption and gathering size limits in Louisiana for another two weeks, until September 11, 2020.

Nebraska:

(Omaha – Douglas County): On August 25, 2020, the State of Nebraska, Douglas County Commissioners, and Omaha Mayor Jean Stothert announced an agreement which will distribute CARES Act funds to Omaha and Douglas County, preventing layoffs of police officers and firefighters, and allowing for the reopening of libraries and community centers. The first branches will open in about four weeks, with all branches expected to reopen by October 1.

Nevada:

On August 26, Governor Steve Sisolak granted authorization to the State Department of Employment, Training and Rehabilitation to start the application process for the Lost Wages Assistance program.

New Jersey:

Governor Phil Murphy signed Executive Order No. 179 to make modifications to this year’s primarily vote-by-mail (VBM) General Election. The order clarifies Executive Order No. 177. Effective immediately, Executive Order No. 179 makes the following modifications:

• Requires county clerks to publish a notice reflecting this year's primarily vote-by-mail process;
• Permits county boards of elections to continue counting ballots every day until counting is completed; and
• Requires election audits to be completed by December 4, 2020.

New York:

Governor Andrew M. Cuomo announced that five states—Alaska, Arizona, Delaware, Maryland and Montana—have been removed from New York State's COVID-19 travel advisory. Guam has been added. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

Further, school-sponsored sports in all regions may begin to practice and play beginning September 21. However, travel for practice or play will be prohibited outside of the school's region or contiguous regions or counties until October 19. For the fall sports season, lower- and moderate-risk sports include tennis, soccer, cross country, field hockey and swimming. Higher-risk sports, including those with full physical contact, may begin to practice on September 21 but cannot play until a later date or December 31. In accordance with the Department of Health's guidance for sports and recreation during the COVID-19 public health emergency, practices for higher-risk sports are limited to individual or group, no- to low-contact training. Higher-risk sports include football, wrestling, rugby, hockey and volleyball.

Finally, Governor Cuomo issued an executive order requiring boards of elections to take concrete steps to inform voters of upcoming deadlines, be prepared for upcoming elections and help ensure absentee ballots can be used in all elections. On August 20, Governor Cuomo signed into law sweeping election reforms that will make it easier for New Yorkers to vote and be counted in November. The executive order requires county boards of elections to take the following actions:

1. Send a mailing outlining all deadlines for voters by Tuesday, September 8.
2. Send staffing plans and needs to the New York State Board of Elections by September 20 so BOE can assist in ensuring adequate coverage.
3. Adopt a uniform clarified envelope for absentee ballots and require counties to use it.
4. Count votes faster: require all objections to be made by the county board in real time, make sure that boards are ready to count votes and reconcile affidavit and absentee ballots by 48 hours after elections.
5. Provide an option for New Yorkers to vote absentee in village, town and special district elections.

North Carolina:

On August 26, Governor Roy Cooper shared a recommended budget, Support for a Determined North Carolina, which “outlines how to use the state’s remaining federal coronavirus funding and make responsible investments in the state’s future.”

Ohio:

On August 25, Governor Mike DeWine addressed the Sports Order Variance Process contained in the Director's Order that Provides Mandatory Requirements for Youth, Collegiate, Amateur, Club, and Professional Sports. The order limits the maximum number of spectators gathered at an outdoor sports venue to the lesser of 1,500 individuals or 15 percent of fixed, seated capacity. The maximum for indoor sports venues is the lesser of 300 individuals or 15 percent of fixed, seated capacity. If a venue has more room to permit additional socially-distanced spectator capacity, a variance provision in the order allows schools to request a higher spectator limit by submitting a plan in writing to their local health department and the Ohio Department of Health. The variance plan must include a justification for increased capacity and an explanation of how social distancing will be maintained between family groups.

Governor DeWine also announced that Interim Ohio Department of Health Director Lance Himes today signed the Director's Order that Provides Mandatory Requirements for Entertainment Venues. The maximum number of patrons permitted in an outdoor entertainment venue is the lesser of 1,500 patrons or 15% of fixed, seated capacity. For indoor facilities, the maximum number of patrons permitted in an indoor entertainment venue shall be the lesser of 300 patrons or 15% of fixed seating capacity.

Vermont:

On August 26, Governor Scott announced the Agency of Education will provide Vermont schools with personal protective equipment (PPE) before the start of school on September 8. Specifically, the state will provide school nurses with gloves, surgical masks, face shields, and hand sanitizer. These kits will be provided to schools free of charge.

Washington:

Governor Inslee issued two proclamations related to public education in response to COVID-19. First, Proclamation 20-69 relates to the Washington residency requirement for public university tuition waivers for graduate students. It suspends the residency requirement that allows public university graduate students to receive tuition waivers in exchange for performing teaching and research functions. The proclamation is effective for 30 days and will expire on September 25.

Second, Proclamation 20-70 addresses student transportation for public K-12 schools. It prohibits school districts from interpreting the Student Transportation statutes in a manner that would restrict a school’s ability to use its current transportation allocation for certain purposes. The permitted purposes include using buses and bus drivers to deliver educational materials (homework/educational packets/other tangible instructional materials); meals; and any technology (like WiFi hotspots) that will enable students to learn remotely. The proclamation also requires school districts to track and document the specific time and uses of school buses and bus drivers to deliver the above services.

August 25, 2020

California:

Governor Newsom issued Executive Order N-75-20 on August 24, which suspends a variety of regulatory restrictions in order to bolster the State’s response to the pandemic. In particular, the order seeks to expand the State’s testing capacity by enabling pharmacists and pharmacy technicians to conduct any aspect of any point-of-care test for the presence of SARS-CoV-2.

The Governor also authorized increased flexibility in the operation of home health agencies and pediatric day and respite care facilities. Those entities may obtain a waiver of various licensing and staffing requirements from the Department of Public Health by implementing alternative measures that achieve similar outcomes while also protecting public health. Further, the order increases the income-eligibility threshold for the Community Service Block Grant program to support economic and community development efforts in response to the pandemic, and waives certain legal requirements to enable Low Income Home Energy Assistance Program funding made available under the CARES Act to be used to maximize direct assistance to Californians most in need.

Separately, the California Department of Public Health removed Amador County from the County Monitoring List on August 25. Amador County, however, remains subject to the additional restrictions on in-person operations for several types of business—including offices for non-critical infrastructure, gyms, and places of worship—until the State Health Officer authorizes the resumption of those in-person operations.

Colorado:

Governor Polis resumed his effort to adjust the State’s regulatory framework to enable it to cope with the coronavirus’ social and economic impacts on August 24. The Governor’s temporary regulatory adjustments affect the timing for securing temporary liquor-license modifications, casino operations, and the issuance of marriage certificates.

Executive Order D 2020 173 removed the requirement that Department of Revenue act within 24 hours on an application for a temporary modification of a liquor license. The order, however, leaves in place the authorization for restaurants and similar businesses to establish communal outdoor dining areas in which two or more liquor licensees may sell alcoholic beverages for another 30 days. The order also suspends the statutory provisions prohibiting a casino from dividing its lawful gaming area into more than two noncontiguous spaces and hosting blackjack games with no more than seven people. Executive Order D 2020 173 remains in effect until September 23.

Governor Polis also issued Executive Order D 2020 172, which continues to allow the issuance of marriage licenses despite the closure of clerk and recorder offices. The order expires on September 23.

Hawaii:

(Hawaii County): With Governor Ige’s approval, Mayor Kim issued Emergency Rule No. 11, which continues the previous Rule’s requirements regarding the use of face coverings for those persons not subject to limited exceptions to the Rule. The Rule restricts the size of permitted indoor or outdoor social gatherings to groups of up to 10 people, provided face coverings are worn and physical distancing between separate groups are maintained. The Rule furthers imposes a 14-day mandatory self-quarantine requirement on all persons traveling to the County interisland or from out of state. Exemptions from or modifications to the self-quarantine requirement must be requested and approved by the County.

Pursuant to the Twelfth Proclamation, short-term vacation rentals, bed and breakfast homes, or other types of transient vacation rentals may not be designated as a quarantine location, except by visiting essential and critical infrastructure workers, provide quarantine restrictions are followed. The Rule went into effect on August 21, 2020, and will continue through September 30, 2020, unless otherwise extended, revised or terminated.

Idaho:

On August 21, 2020, Governor Little announced that Idaho will remain in Stage 4 of the Idaho Rebounds plan for another two weeks; and also highlighted the $2.56 million in coronavirus relief funds just approved by the State of Idaho which will be directed to assist The Idaho Food Bank.

Illinois:

Governor Pritzker and the Illinois Department of Public Health (IDPH) announced new COVID-19 mitigation efforts to take effect in Region 7. This region includes Will and Kankakee counties. Beginning August 26, the following mitigation requirements will go into effect:

• Bars
  • All bars close at 11:00 p.m.
  • No indoor service
  • All bar patrons should be seated at tables outside
  • No ordering, seating, or congregating at bar (bar stools should be removed)
  • Tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • No dancing or standing indoors
  • Reservations required for each party
  • No seating of multiple parties at one table
• Restaurants
  • All restaurants close at 11:00 p.m.
  • No indoor dining or bar service
  • Tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • Reservations required for each party
  • No seating of multiple parties at one table
• Meetings, social events and gatherings
  • Limit to lesser of 25 guests or 25% of overall room capacity
  • No party buses
  • Gaming and Casinos close at 11:00 p.m. are limited to 25 percent capacity, and follow mitigations for bars and restaurants, if applicable

Region 7 will be monitored by the IDPH over a 14-day period. If the positivity rate averages greater than or equal to 8 percent after 14-days, additional mitigations will be imposed.

Additionally, the State of Illinois released new safety guidelines for restaurants and bars which go into effect on August 26. Namely, Illinois patrons will now be required to wear face coverings when approached by staff. Examples where face coverings must be worn include occasions where employees approach to take orders or deliver food and beverages to the table. The Illinois Department of Commerce and Economic Opportunity (DCEO) maintains various Industry Toolkits to assist businesses in adjusting to changing guidelines and requirements. DCEO toolkit for Indoor and Outdoor Dining, updated to include these new safety guidelines, can be found here.

Iowa:

On August 25, Governor Reynolds announced that she allocated approximately $100 million of federal CARES Act relief funds for agricultural programs to offset the impact of COVID-19 on farmers, producers, and agricultural industries. The CARES Act allocates were made as follows:

• $60 million—Iowa Livestock Producer Relief Fund—Using the Iowa Economic Development Authority’s (IEDA) existing small business relief program infrastructure, this program will provide grants of up to $10,000 to eligible producers of pork, beef, chicken, turkeys, dairy, fish or sheep to serve as working capital to stabilize livestock producers.
• $15.5 million—State Biofuel Grant Program—Biofuels producers were excluded from receiving aid under other parts of the CARES Act; this program will provide relief to those Iowa ethanol and biodiesel producers based on gallons produced. Grants will also be awarded through IEDA’s existing small business relief program and are capped at a maximum grant of $750,000 per producer.
• $7 million—Renewable Fuel Retail Recovery Program—Announced previously, this funding supports a program that helps expand retail fueling infrastructure for higher blend renewable fuels, including E15 or higher & B11 or higher. (Administered by IDALS)
• $6 million—Iowa Beginning Farmer Debt Relief Fund—COVID-19 has negatively and disproportionately impacted a large number of beginning farmers in Iowa, creating the potential for longer-term generational damage to Iowa agriculture. This program will provide eligible beginning farmers with a long-term debt service payment of up to $10,000, to be paid directly to their lender.
• $2 million—Meat Processing Development and Expansion Program—Designed to aid small meat processors, this program is focused on expanding processing capacity across the state to meet protein demand. (Administered by IDALS)
• $500,000—Farm Produce and Protein Program—This innovative program is designed to help specialty ag producers in Iowa as well as the schools that purchase them. In addition to supporting local growers of fruits and vegetables to expand their capacity, it provides grants to schools that buy produce and other local crops and protein sources.
• Up to $9 million—Iowa Disposal Assistance Program—The disruption to the meat supply chain due to COVID-19 forced producers to euthanize and dispose of livestock due to lack of market access. This program, announced initially in May, provided direct payments to producers to recoup those expenses.

North Carolina:

On August 25, Governor Roy Cooper announced that $175 million will be available to help North Carolinians with rent and utility payments in the wake of the COVID-19 pandemic.

Texas:

(Tarrant County): On August 25, Tarrant County Judge Glen Whitley extended the County’s mask mandate, originally issued on June 25, until November 30, 2020. The order reinforces Governor Abbott’s Executive Order GA-29 and requires all entities in Tarrant County providing goods or services directly to the public must develop and implement a health and safety policy ("Health and Safety Policy"). The Health and Safety Policy must require, at a minimum, that all employees and visitors to the entity's business premises wear face coverings when in an area or performing an activity which will necessarily involve close contact or proximity to co-workers or the public.

Utah:

On August 21, 2020, Governor Herbert reissued an executive order declaring a continued state of emergency. All state of emergency orders are in effect one month at a time.

August 24, 2020

Alabama:

(Tuscaloosa): On August 24, Mayor Maddox ordered all bars to close for two (2) weeks starting at 5:00 pm.

California:

The California Department of Public Health removed the following counties from the County Monitoring List over the weekend: Calaveras; Mono; Napa; and Orange. These counties remain subject to the additional restrictions on in-person operations for several types of business—including offices for non-critical infrastructure, gyms, and places of worship—until the State Health Officer authorizes the resumption of those in-person operations.

Colorado:

The Colorado Department of Public Health and Environment issued a revised Public Health Order (“PHO”) and an order authorizing Voluntary or Elective Surgeries and Procedures (“Elective Surgery Order”) on August 21. The agency issued the orders in response to concurrent executive action by Governor Polis, who issued Executive Order D 2020 170 and D 2020 169 addressing the State’s safer-at-home restrictions and voluntary or elective surgeries. The PHO and Elective Surgery Order will expire on September 20, 2020.

The PHO largely mirrors its prior iteration with a few notable exceptions. First, individuals who are sick or experiencing flu-like symptoms are no longer required to self-isolate until their symptoms cease. Next, effective August 22, bars and restaurants may continue to serve alcohol on-premises until 11:00 p.m. The bars and restaurants, however, must make meals prepared by a retail-food licensee available at all times that alcoholic beverages are served for on-premises consumption. Lastly, the order updates the definition of a “vulnerable individual” to specifically include individuals with cancer, chronic kidney disease, chronic obstructive pulmonary disease, a body mass index above 30, various serious heart conditions, Sickle cell disease, and Type 2 diabetes mellitus.

The Elective Surgery Order similarly reincorporates its prior version, while adding some additional requirements on the use of PPE for dental and hospital facilities. Dental facilities must now require all patients to wear face masks, unless the patient is younger than two-years old or is unconscious. The order also clarifies that protective eyewear used to shield against injury from hard objects does not qualify as PPE.

Connecticut:

On August 21, Governor Lamont signed Executive Order No 7OOO which took the following actions:

• Extended expanded outdoor dining
• Modified the extension of 30-day period of credit for liquor permittees
• Extended eviction moratorium
• Resumed certain requirements and deadlines regarding civil and family matters

Delaware:

The Delaware Division of Public Health announced children who are in kindergarten or older must wear face coverings in public settings, including school buildings.

Florida:

(Palm Beach County): Mayor Kerner issued Emergency Order No. 19, which authorizes certain vacation and short-term rentals, previously suspended by Governor DeSantis’ Executive Order 20-87, to reopen provided they comply with requirements and guidelines relating to property cleanliness, sanitization, and staffing standards, among others. Vacation rental property owners and managers must provide a bi-monthly report to the Palm Beach County Tourist Development Office, which includes the name of the owner or manager, address of the rental property, arrival and departure dates for all reservations, and the zip codes of renters. The Order takes effect on August 22, 2020, and expires with the existing State of Local emergency. Mayor Kerner also issued Emergency Order 20, which (once again) extends the facial coverings directive, Emergency Order 2020-12, until 12:01 a.m. on September 22, 2020. The order takes effect on August 23, 2020.

On August 20, Mayor Kerner issued a Declaration of Continuing State of Emergency, which extends the state of emergency in Palm Beach County through August 28, 2020.

(Broward County): County Administrator, Bertha Henry, issued Emergency Order 20-24, which implements a reopening plan for short-term vacation rentals. The Order also revises the rules regarding restaurants and food establishments, by allowing on-premises dining until 11:00 p.m. (instead of 10:00 p.m.), and limiting the sale of alcohol for off-site consumption between 11 p.m. and 5 a.m. The Order further clarifies that billiards tables and similar games must remain closed. Night clubs, hookah bars, cabarets, banquet halls, adult entertainment establishments, hot tubs, steam rooms, saunas, and Jacuzzi’s must remain closed to the public. Bars, pubs, breweries, billiards halls and clubs, and cocktail lounges that derive more than 50% of gross revenue from the sale of alcoholic beverages must also remain closed to the public, but may operate solely to provide food or beverages for take-out or delivery, if operated consistently with Emergency Order 20-21 and amended attachment 2. The order takes effect immediately, and lasts for the duration of the State of Local Emergency.

Hawaii:

Governor Ige issued a Twelfth Proclamation which extends the disaster emergency relief period through September 30, 2020. The Proclamation requires all persons to wear facial coverings in compliance with county orders, rules, and directives approved by Governor Ige. The interisland travel quarantine requirements remain in effect for all persons traveling from within the state to the Islands of Kaua‘i, Hawaii and the Islands comprising the Counties of Maui and Kalawao. Travelers to the state are still subject to a mandatory self-quarantine period, but travelers entering the State to perform critical infrastructure functions may obtain a limited exemption which allows them to temporarily breach self-quarantine while performing critical infrastructure functions. Any granted exemption shall be void if the person subject to the exemption fails to wear appropriate protective gear and fails to follow the safe practices identified in the Proclamation while engaged in the activities expressed in the written exemption.

The Proclamation further authorizes counties to establish an Enhanced Movement Quarantine (“EMQ”) program through agreements with resort or hotel facilities, which restrict participating travelers who enter the State as part of an EMQ program to clearly-defined geographical areas, including adjacent shoreline areas where beach access is permitted by state and county authorities, provided limited contact with those not subject to self-quarantine is ensured, safety, monitoring, and enforcement measures are taken, and participating travelers bear all costs related to their participation in the EMQ, among other requirements.

Iowa:

On August 21, Governor Reynolds signed a proclamation continuing the Public Health Disaster Emergency for another 30 days. The proclamation extends public health mitigation measures currently in place for businesses and other establishments, including the requirements for bars and restaurants to ensure six feet of physical distance between each group or individual dining or drinking; to ensure all patrons have a seat at a table or bar; and to limit congregating together closer than six feet. The proclamation also extends many of the previously issued regulatory relief measures necessary to respond to this public health disaster, including those related to healthcare, professional licensure, educational workforce, and expirations of driver’s licenses. The proclamation is now in effect and expires on September 20, 2020.

Kansas:

(Sedgwick County): On August 18, 2020, the County Health Officer signed an Emergency Public Health Order, effective August 22, 2020, implementing new mask requirements and adopting Phase 2 of the Ad Astra: A Plan to Reopen Kansas. The Order required all persons to wear face covering when in any indoor or outdoor public space where 6-feet of distancing is not possible. It further requires businesses to require all employees and customers to wear face coverings when employees are working in any space visited by customers (regardless of whether anyone is present at the time) and in any place where food is prepared or distributed.

Exemptions include those aged five and under, those with a medical condition preventing covering of the face, those with hearing impairments, those seated at a restaurant with more than 6-feet of distance from others, and those engaged in organized sports that allow 6-feet of distance other than during infrequent moments of closer proximity.

Louisiana:

On August 21, Governor John Bel Edwards announced that the U.S. Western District of Louisiana has upheld his order closing on-site consumption at bars.

Mississippi:

Governor Reeves issued Executive Order 1519 on August 20, 2020, which governs attendance at events held at college and university outdoor stadiums, and is in effect until August 31, 2020. Attendance to such events is permitted, subject to the following limitations:

• Bowl seating is limited to 25% capacity;
• Indoor club area seating is limited to 50% capacity;
• Activities outside stadiums (e.g., tailgates, picnics, fan areas) are prohibited;
• Face coverings must be worn by all attendees when “in transit” and it is not possible to maintain six feet of separation from others not in the same household;
• Social distancing is encouraged at the stadiums;
• Signs describing symptoms of COVID-19 and social distancing should be posted around the stadium, all points of entry, and at concessions and restrooms;
• Attendees may not congregate at stadium gates or restrooms;
• Hand sanitizing or washing stations must be available at all entry gates, stadium concourses, and throughout the stadium;
• Transactions should be contactless as much as possible;
• Elevator capacity is limited to five people;
• Sideline regulations will be enforced to only permit those who are essential for game play to be on the field;
• Colleges and universities must designate a Safety Officer with staff to ensure that the Executive Order is observed and enforced.

Missouri:

(St. Louis County): St. Louis County Department of Public Health issued an amended Order, which took effect on August 21, 2020 and will remain in effect until rescinded or amended. This amendment changes who is subject to the face covering requirement in public settings, and provides additional guidance relevant to the wearing of facemasks for students.

Nebraska:

On August 21, 2020, Governor Ricketts signed Executive Order 20-33, which waives the 30-hour professional development requirement for Nebraska Land Surveyor certificate holders through December 31, 2020. The 30-hour requirement is based on a two-year period, and the Order directs the State Board of Examiners to designate the “appropriate” credential requirements in light of the Order, meaning the two-year period including 2020 will only require 15 hours.

New Hampshire:

On August 24, Governor Sununu announced that all restaurants are now able to open at 100% capacity, as long as they continue to follow state reopening guidelines, including social distancing between parties and wearing masks in public areas. Prior to Governor Sununu’s Friday announcement, restaurants in six northern New Hampshire counties were able to operate at 100% capacity, but the southern counties (which had higher rates of COVID-19) were restricted to 50%.

Ohio:

Governor Mike DeWine announced that Ohio Department of Health Interim Director Lance Himes will be signing a reopening order for performance theaters in the near future, but details are still undecided. However, to give arts organizations the opportunity to begin planning for performances, the order will say that interior venue attendance will be capped at the lesser of 15% of their fixed-seated capacity or 300 people, while outdoor venue attendance will be capped at the lesser of 15% of their fixed seating capacity or 1,500 people. Many of the other guidelines in the forthcoming order will align with the limits on spectators at sports venues in the Director’s Order that Provides Mandatory Requirements for Youth, Collegiate, Amateur, Club and Professional Sports.

Governor DeWine also announced that effective August 24, 2020, each residential care facility licensed by the Ohio Department of Health shall require its staff to be tested for COVID-19 along with the strategic testing of residents.

Washington:

On August 20, Governor Inslee announced updated guidance as part of Washington’s Safe Start phased reopening plan. The updated guidance relates to:

• Museums:
  • These guidelines would allow museums in Phase 2 counties to operate as long as they meet certain requirements. Museums in Phase 3 counties would be required to lower occupancy.
• Bowling:
  • These guidelines would allow for bowling league play in Phases 2 and 3, as long as facilities meet certain requirements.
• Agritourism:
  • This guidance would allow for agritourism such as U-pick farms and tree farms to operate in Phase 2 counties (memo).
• Outdoor Recreation:
  • Updates to the outdoor recreation guidance clarify restrictions to non-spectator motor-sports in Phase 1 and Phase 2 of the Safe Start plan. These changes go into effect on August 24.

August 20, 2020

California:

The California Department of Public Health (“CDPH”) clarified the waiver process for elementary schools seeking to resume in-person instruction. Under the re-opening framework issued by CDPH in July, schools could resume in-person instruction only if their local health jurisdiction (“LHJ”) was not on the County Monitoring List within the prior 14 days. The waiver process allows elementary schools to bypass that requirement.

Before applying for a waiver, school leaders or staff must consult with labor, parent, and community organizations and publish a re-opening plan on the website of the local educational agency. The plan must address topics such as: cleaning and disinfection; entrance, egress, and movement within the school; and physical distancing. Despite the waiver process, CDPH continues to recommend that “elementary schools within jurisdictions with 14-day case rates more than two times the threshold to be on the County Monitoring List (>200 cases/100,000 population) should not be considered for a waiver to re-open in-person instruction.”

Florida:

(Miami-Dade County): Mayor Gimenez released an Executive Order extending the state of local emergency for an additional 7-day period beginning on August 20, 2020.

Georgia:

The cities of Sandy Springs and Smyrna have implemented mask mandates in response to Governor Kemp’s recent Executive Order permitting local jurisdictions to issue mask requirement orders. Sandy Springs’ order took effect immediately after being signed on Tuesday, and Smyrna’s order will begin on Friday, August 21. As a reminder for businesses, masks are not required inside the business’s establishment unless the business consents, and fines cannot be imposed on private businesses or nonprofits for a consumer’s failure to wear a mask. Business owners should be on the lookout for local mask mandates in their cities. If a local mask mandate is implemented, businesses must indicate to consumers whether it intends to enforce the mask mandate while the consumer is on the business’s premises.

Hawaii:

(City and County of Honolulu): with Governor Ige’s approval, Mayor Caldwell released Emergency Order No. 2020-24 (“Act Now Honolulu – No Social Gatherings”). The Order mandates the following:

• All individuals currently living within the city of Honolulu stay at their place of residence and work from home, and leave only for essential activities, essential government functions, or to operate or visit an essential business or designated business and operation.
• All businesses with a facility in the city except essential businesses and designated businesses and operations must cease all activities within such facilities, except minimum basic operations.
• Indoor and outdoor social gatherings of any type and any number of people are prohibited. A “social gathering” is any gathering or even that brings people from multiple households or living unit together at the same time for a discrete, shared or group experience, in a single room, space or place.
• All travel, except essential travel and essential activities, is prohibited.
• Face coverings must be worn by all individuals, including employees and customers of essential businesses and designated businesses and operations. Exceptions to the face-coverings requirement are made for, among others, children under the age of 5, individuals with medical conditions or disabilities whose health and safety may be risked by wearing a face covering.
• City and State Parks are closed, with limited exceptions.

The Order is effective at 12:00 AM on August 20, 2020 and will continue through September 16, 2020.

Maine:

On August 20, Governor Mills announced the launch of a $200 million economic recovery grant program to support small businesses. The program will provide financial relief for business and non-profit organization that were impacted by the COVID-19 pandemic. The program will not replace lost profits, but instead will provide short-term relief to help stabilize Maine’s economy.

To qualify for a grant, a business or nonprofit must demonstrate a need for financial relief based on lost revenues minus expenses incurred since March 1, 2020 due to COVID-19 or related public health response. The business or organization must demonstrate the following: (1) have significant operations in Maine; (2) employ less than a combined total of 50 employees and contract employees; (3) have been in operation for at least one year before August 1, 2020, not currently in bankruptcy and have not permanently ceased operations; (4) be current and in good standing with all Maine State payroll taxes, sales taxes, and state income taxes through July 31, 2020, and be in good standing with Maine Department of Labor; and (5) be in compliance and not subject to enforcement action with COVID-19 prevention checklist requirements.

The grants may be used to cover various expenses, including but not limited to payroll, mortgage or rent for business facilities, utilities, etc. The grant can be applied for beginning August 21, 2020 through September 9, 2020 and the grants will be awarded beginning in early October.

Ohio:

Governor Mike DeWine announced that a Sports Health Order was signed by Ohio Department of Health Interim Director Lance Himes. The order allows sports to go forward, but with several changes. Some changes include:

• Spectators will be limited to a small number of people close to the participants. Schools can determine who is allowed to attend.
• Local health departments and the Ohio High School Athletic Association officials will have site inspectors at contests to ensure social distancing and that other health regulations are followed.
• Teams and leagues can delay sports to the spring.
• Students won't need to be tested to participate in sports, as most high schools lack the resources to regularly test their athletes.

Rhode Island:

The Governor issued Executive Order 20-64 effective August 20th until September 19th. This order extends two prior orders:

• Executive Order 20-35 (Thirty-Second Supplemental Emergency Declaration – Summer Camp Operations), and Executive Order 20-37 (Thirty-Fourth Supplemental Emergency Declaration Increasing State COVID-19 Response Capacity).

Texas:

(San Antonio): On August 19, 2020, San Antonio Mayor Ron Nirenberg issued a seventh addendum to his Eighth Emergency Health Declaration that includes language issued by Bexar County Judge Nelson Wolff related to Bexar County's latest Executive Order. This addendum further identifies more stringent measures that are necessary to mitigate the spread of the COVID-19 virus. It is effective indefinitely.

Key measures include:

• All commercial entities providing goods or services directly to the public must develop and implement a health and safety policy (“Health and Safety Policy”). The Health and Safety Policy must require, at a minimum, 1) that all employees or visitors to the commercial entity’s business premises or other facilities wear face coverings when in an area or performing an activity which will necessarily involve close contact or proximity to co-workers or the public where six feet of separation is not feasible, 2) that the business prominently display a list of COVID-19 symptoms at or near the public and employee entrances of the premises.
• San Antonio businesses strongly encouraged to take the “Greater, Safer, Together” pledge. Those businesses that take the pledge may post their commitment to facilitate compliance with the County’s policy posting requirement. The pledge commits businesses to:
  • Using face coverings
  • Practicing physical distancing
  • Conducting temperature checks
  • Providing hand sanitizer
  • Following CDC protocols
  • Implementing contactless payment when possible

General COVID-19 awareness training for employees.

Washington:

On August 19th, Governor Inslee issued an update to Proclamation 20-57, “Concerning the Health of Agricultural Workers.” The Proclamation now requires agricultural employers to test their workforce broadly when health officials identify an outbreak that passes certain thresholds. Since Proclamation 20-57 was first issued on May 28, the total number of cases in Washington has increased from 21,138 to 67,721, an average rate of more than 500 new cases per day. Many of these are appearing at farms and food-packing facilities, where employees often work, travel, and live together in close contact.

West Virginia:

On August 19, Governor Justice issued Executive Order 62-60 which extends the closure of Monongalia County bars until August 31, 2020, at 12:01 a.m. This countywide bar closure was originally issued under Executive Order 52-20, and then extended under Executive Order 55-20, Executive Order 58-20, and Executive Order 60-20.

On August 19, Governor Justice issued Executive Order 63-20 which allows certain individuals employed by WorkForce West Virginia to be eligible to continue in these positions without suspension of such individual's retirement annuity.

On August 19, Governor Justice announced that he had added sole proprietors and self-employed individuals to the list of people eligible to apply for funding through the West Virginia CARES Act Small Business Grant Program.

August 19, 2020

California:

The California Department of Public Health (“CDPH”) has clarified the application of the existing July 13, 2020 Statewide Public Health Officer Order (“Order”) to its County Monitoring List (“CML”). Since July 13, 2020, the following businesses have been required to cease all indoor operations statewide: restaurants, bars, wineries, movie theaters and entertainment venues, zoos, museums, and cardrooms. If a county, however, is placed on the CML for three consecutive days or more, then an additional group of businesses must cease indoor operations. The affected businesses include offices for non-critical infrastructure sectors, gyms and fitness centers, places of worship, personal care services, hair salons and barbershops, and shopping malls.

CDPH’s interpretation of the Order does not allow a county that has been removed from the CML to re-open those businesses that it was required to shut down because of its listing on the CML. Rather, a county removed from the CML must maintain the closure of those businesses until the State Health Officer modifies the Order and authorizes re-opening. Thus, the CDPH’s recent removal of Place, Santa Cruz, and San Diego counties from the CML does not allow offices for non-critical infrastructure sectors, gyms and fitness centers, and shopping malls to resume indoor operations. CDPH states that it is actively reassessing the Order’s terms and will provide updates in the coming week.

As of August 19, 2020, there are 40 counties on the CML. They are: Alameda; Amador; Butte; Calaveras; Colusa; Contra Costa; Fresno; Glenn; Imperial; Inyo; Kern; Kings; Los Angeles; Madera; Marin; Mendocino; Merced; Mono; Monterey; Napa; Orange; Riverside; Sacramento; San Benito; San Bernardino; San Francisco; San Joaquin; San Luis Obispo; San Mateo; Santa Barbara; Santa Clara; Sierra; Solano; Sonoma; Stanislaus; Sutter; Tulare; Ventura; Yolo; and Yuba.

Colorado:

The Colorado Department of Public Health and the Environment (“CDPHE”) announced new guidance for responding to work-place infection outbreaks on August 17. The guidance provides detailed list of actions employers may undertake to reduce the virus’ spread among staff, maintain healthy business operations and work environments, and address COVID-19 cases, exposures, and outbreaks.

To reduce the spread among staff, CDPHE suggests that employers: screen employees daily, and send sick employees home; identify where and how employees might be exposed to COVID-19 at work; educate employees on how to reduce the spread of COVID-19; and know isolation and quarantine requirements, and help employees follow them.

The guidance also offers a variety action items for employers seeking to maintain healthy business operations, including implementing flexible sick leave and supportive policies and practices; communicating supportive workplace policies clearly, frequently, and via multiple methods; determining how you will operate if absenteeism increases; establishing policies and practices for social distancing among employees and between employees and customers; and limiting travel and advise employees who must travel to take additional precautions.

(Denver): The City and County of Denver has released information on its Priority Neighborhood Small Business Fund. The program will provide grants to support businesses during the pandemic. Among other requirements, eligible businesses must be in one of the following neighborhoods:

• East Colfax
• Globeville
• Elyria-Swansea
• Montbello
• Northeast Park Hill
• Sun Valley
• Valverde
• Villa Park
• West Colfax
• Westwood

The application for eligible business can be found at the link above and is open from August 10 to September 11, 2020.

In addition, the Metro Denver Partnership for Health has released Guidance for Prioritization of COVID-19 Testing. This guidance places people in one of four testing prioritization categories. These categories run from those for whom testing is generally not recommended—like individuals who have already tested positive—to those who should be tested—including those who have symptoms suggestive of COVID-19 or who are asymptomatic but have been at the site of a suspected outbreak. The guidance also lays out certain considerations for different individuals within each tier.

Connecticut:

On August 19, Governor Lamont announced that Connecticut has completed over 1 million COVID-19 tests. This is due in part from Governor Lamont’s allocation of at least $250 million from the Coronavirus Relief Fund to support testing.

Delaware:

On August 19, Governor Carney, along with New Castle County Executive Matt Meyer and the Delaware Division of Small Business, announced a grant program of at least $100 million to assist Delaware small businesses and nonprofit organizations. This program is funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and is expected to reach more than 3,000 small businesses and nonprofit organizations with grants of up to $100,000. Funds can be used for:

• Purchasing equipment to make a workplace suitable for COVID-19 safety (such as PPE, plexiglass, air purifiers, etc.)
• Refinancing debt incurred due to COVID-19 (including State of Delaware HELP loans)
• Advertising efforts undertaken as a result of COVID-19
• Fixed expenses the applicant accrued during COVID-19

Idaho:

On August 19, 2020, Governor Little issued a proclamation calling for a special legislative session to address the COVID pandemic and outlining the issues to be considered by the Idaho Legislature in the special session. The two issues that will be addressed are (1) the COVID-19 pandemic, including November election laws, and (2) civil liability standards during COVID-19 to help Idaho’s economy recover while encouraging care and safety in responding to the pandemic. Public health districts and education funding will not be addressed. The special session will convene on August 24, 2020.

Louisiana:

Governor John Bel Edwards announced that he signed an order declaring that an emergency exists for Louisiana’s November election because of COVID-19. Governor Edwards also acknowledged that the current emergency election plan from the Secretary of State does not go far enough to protect public health.

Maryland:

Governor Hogan announced in a press release on Wednesday, August 19, 2020 that Maryland has submitted an application to the Federal Emergency Administration (FEMA) for a grant to provide an additional $300 per week for unemployed Maryland citizens. After the application is reviewed and approved, funds are expected to be distributed beginning in late September. Those eligible will qualify for a retroactive benefit of an additional $300 per week beginning August 1, 2020 and ending December 26, 2020. Upon approval, FEMA will fund the $300 per week and Maryland will provide the 25% state funding match already paid to claimants collecting regular unemployment insurance benefits.

Massachusetts:

(Statewide): Governor Baker-Polito’s administration announced on August 18, 2020, approximately three million dollars in additional grants to address food shortages residents of the state are experiencing as a result of the current global pandemic. This additional funding is the second round of the new Food Security Infrastructure Grant Program.

Tennessee:

On August 17, 2020, Tennessee Governor Bill Lee signed the "Tennessee COVID-19 Recovery Act" into law. The Act provides COVID-related liability protection to individuals and entities, including health care providers, except in cases of gross negligence or willful misconduct. Governor Lee also issued Executive Order No. 58 terminating Order No. 53 which provided limited COVID-related liability protection for health care providers and was rendered moot by enactment of the Tennessee COVID-19 Recovery Act.

Vermont:

On August 18, Governor Scott announced an increase to the maximum grant award for Economic Recovery Grants for Vermont businesses negatively impacted by the COVID-19 pandemic. Now, businesses in eligible industries (lodging, retail, hospitality, arts, travel, and event facility sectors with continued capacity constraints) can receive up to an additional $100,000 in grant funding, for a total of $150,000 from the program. The increased maximum award is available both to new applicants to the program and to those businesses that have already received a $50,000 grant. More information can be found at the Economic Recovery Grant Program website.

West Virginia:

On August 18, Governor Justice held another virtual ceremony, this time awarding more than $1.1 million to various fairs and festivals across West Virginia to assist those communities that had to cancel events due to COVID-19.

August 18, 2020

California:

On August 17, the California Department of Public Health released the backlog of county-testing data and updated its county-monitoring map. The following counties are now included in the watchlist: Amador, Calaveras, Inyo, Mendocino, and Sierra counties. The agency, however, removed Santa Cruz County from the list. Counties now on the watchlist have a 48 hour period, ending on August 19 at 12:01 a.m., to comply with closing requirements, including closing indoor operations at dine-in restaurants, wineries, and shopping malls.

(San Francisco): San Francisco issued a new public health order on August 14. The new order revises previous orders in several ways, including: providing guidance for holding out-of-school programing for non-schools; prohibiting in-person instruction at higher education institutions unless otherwise excepted; and allowing for collegiate athletic programs to submit proposed plans to begin practices or games without spectators. The order continues to require the use of face covering while outside of one’s residence, adherence to social distancing requirements, and limitations on non-household gatherings, among other restrictions previously in place under the prior public health order.

(San Diego): The San Diego Health and Human Services Agency updated its public health order on August 7. The amended order requires employers to notify employees and contractors who may have been exposed to the virus when an employee has been diagnosed.

Colorado:

The Governor signed two new orders on August 17. The first, Executive Order D-2020-165, extends the suspension of several statutes that reduce the need for in-person visits to Medicaid enrollees. The second, Executive Order D-2020-166, extends previous executive orders allowing the Colorado Department of Corrections greater discretion in receiving and housing inmates. Both of the orders expire on September 16.

Connecticut:

As of August 18, Connecticut’s travel advisory has been updated. Anyone travelling from the states listed must self-quarantine for 14 days and complete a form upon returning. Failure to comply with the order may result in a $1,000 penalty.

• Alaska and Delaware have been added to the list.
• Washington state has been removed.

Idaho:

On August 17, 2020, Governor Little announced that Idaho will participate in the Trump Administration’s new conservative plan to offer extended unemployment benefits to continue economic rebound. The program will give Idahoans a benefit of at least $100/week and those who self-certify they are unemployed due to COVID-19 will receive an additional $300/week. Governor Little will reevaluate the need of additional income assistance in five weeks.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now have Iowa and Kansas rejoin the travel quarantine list effective Friday, August 21 at 12:01 a.m. Both states are rejoining 18 states included under the Order which requires individuals arriving to Chicago to quarantine for 14-days.

Kansas:

On August 17, 2020, Governor Kelly signed an Executive Order (#20-61), effective immediately until September 15, 2020, calling for a moratorium on evictions and foreclosures provoked by financial hardships resulting from the COVID-19 pandemic. The Order prevents banks and financial lending entities from foreclosing on mortgages in default and landlords from evicting residential tenants due to default or violations caused by the COVID-19 pandemic. However, the order does not relieve mortgagors and tenants suffering from a COVID-19 financial hardship of their obligations under their respective mortgages and leasing agreements.

Kentucky:

On August 12, Governor Beshear offered an update on his administration’s travel advisory, which recommends a 14-day self-quarantine for Kentuckians who travel to states and U.S. territories that are reporting a positive coronavirus testing rate equal to or greater than 15%. The current areas meeting this threshold include Florida, Nevada, Mississippi, Idaho, South Carolina, Texas, Alabama and Arizona.

On August 14, Secretary of State Michael Adams sent Governor Beshear a formal letter of recommendation, and the Governor issued an Executive Order that outlines procedures for the state’s General Election, to be held Tuesday, Nov. 3, 2020. Voter options include absentee ballot by mail (returned by mail or to a drop box), early voting and election day voting. Kentuckians who were unable to get a driver’s licenses or photo ID due to the pandemic because their clerk’s office was closed, or because they were afraid of exposing themselves to COVID-19, can sign a document explaining this concern and cast their ballot. To learn more, read the full release detailing the elections plan.

Additionally, the Governor updated his August 11 declaration regarding bar and restaurant operations (which I sent you last week), stating the full list of requirements can be found at the Healthy at Work website. The same information from the update last week still applies (bars and restaurants to operate at 50% of capacity, as long as people can remain six feet from anyone who is not in their household or group. Bars and restaurants will be required to halt food and beverage service by 10 p.m. and close at 11 p.m. local time).

New Jersey:

New Jersey Governor Phil Murphy added Delaware and Alaska to the list of states under New Jersey’s Quarantine Advisory bringing the total to 35 states and territories. Under the advisory, people travelling to New Jersey from Delaware and Alaska must quarantine for 14 days.

Oregon:

On August 18th, the Department of Environmental Quality announced that the Oregon Food Bank was awarded a $140,000 grant. The pandemic has affected supply chains for produce, lowering demand from restaurants and other customers, so growers and processors are left with excess food. The DEQ grant will cover the costs of transporting and repackaging more than 2 million pounds of fresh produce, including potatoes, apples and oranges, from growers and processors in Oregon, Washington and California. These funds will be utilized through May 2021, boosting hunger relief efforts at a time of unprecedented demand while keeping additional food waste out of landfills.

Texas:

(Houston): On August 16, 2020, Houston Mayor Sylvester Turner announced that applications for the City of Houston’s Small Business Economic Relief Program (SBERP) will open at 8 a.m. on Wednesday, Aug. 19. The program, which is funded with $15 million of the City's allocated CARES Act 2020 funds, will provide immediate and short-term grant assistance to small businesses and chambers of commerce that have been adversely impacted by the COVID-19 pandemic. Application deadline is 11:59 p.m. on Friday, Sept. 4 and must be completed online at www.cityofhouston-sberp.org.

Vermont:

On August 18, Governor Scott signed Addendum 4 to Amended and Restated Executive Order 01-20. The intent of this rule is to clarify an exception for remote learning that is consistent with the policy intent of the exceptions afforded by 33 V.S.A. § 3511(7), which allows exceptions for school closing days, snow days and vacation days. This clarification will result in an increase in school age full-time child care capacity statewide. “Family child care home” means a child care facility which provides care on a regular basis in the caregiver's own residence for not more than 10 children at any one time. Of this number, up to six children may be provided care on a full-time basis and the remainder on a part-time basis. As used in this subdivision, care of a child on a part-time basis shall mean care of a school-age child for not more than four hours. Gov. Scott also delegated to the Secretary of Agency of Human Services such further authority to undertake measures to expand the State’s capacity for school-age child care.

Virginia:

On August 18, 2020, Governor Northam proposed voting protections for the November election in light of COVID-19. This proposal included $2 million for prepaid return postage on all absentee ballots, expressly permitting localities to implement secure drop off locations, and allow voters to fix errors in absentee ballots.

On August 18, 2020, Governor Northam issued Executive Order Seventy to help mitigate the spread of COVID-19 in state-operated psychiatric hospitals. This executive order

• Allows psychiatric hospitals operating at 100% capacity to decline temporary detention of individuals who are not under emergency custody
• Requires any new admissions or releases must undergo a COVID-19 screening before being admitted or released.

The executive order will be in effect until Executive Order 51 is amended or rescinded.

West Virginia:

On August 17, Governor Justice announced that the color-coded map system to determine the level of openness for reentry in Pre-K-12 schools has been modified. He provided updated thresholds of cases per 100,000 to determine which color each county is in.

August 17, 2020

Arkansas:

Governor Hutchinson issued Executive Order 20-45 which renews the state of emergency and mandates that citizens continue to practice social distancing. The order went into effect on August 14 and is effective for 60 days. The Order also extended the following Executive Orders through the effective date of EO 20-45:

• Order 20-05, regarding telehealth.
• Order 20-06, regarding the suspension of rules and statutes by state agencies.
• Order 20-14, regarding the suspension of in-person witnessing and notarization.
• Order 20-15, regarding the suspension of prohibitions for banks and corporations to hold shareholder meetings solely or partially by remote communication.
• Order 20-18 and 20-34, regarding access to healthcare resources.
• Order 20-22 and 20-35, regarding Workers' Compensation protections.
• Order 20-33, regarding mask-wearing requirements.
• Order 20-44, regarding state and federal elections.

The Department of Health also issued guidelines for school sports venues, which include:

• Seating must be social distanced by households. Every other row should be empty.
• Although the Large Outdoor and Indoor Venue directives allow up to 66%, social distancing may mean actual capacity is between 25-50%.
• Spectators must wear masks at all times. They may be taken off for consuming food or beverages but should be put on immediately afterwards.
• Areas where lines will form, like bathrooms or concessions, should be marked with visual cues to promote social distancing.
• Signs should be posted at entrances that advise those not to enter who have fever, cough, shortness of breath, sore throat, or loss of taste or smell, or have had known exposure to someone with COVID in the past 14 days.
• Signs should be posted at entrances that advise those over the age of 65 or with underlying health conditions they might wish to refrain from entering.
• The facility, including restrooms, should be sanitized as needed throughout the event.
• The use of live-streaming should be used and promoted whenever possible.

Colorado:

Governor Polis signed Executive Order D-2020-163 on August 12. This order extended previous orders that suspended several statutes to allow the Division of Homeland Security and Emergency Management (DHSEM) to establish alternate care sites (“ACS”) in the event there is a surge of COVID-19 infections. These sites include: the Colorado Convention Center, the Larimer Count Fairgrounds and Events Complex, Western Slope Memory Center, St. Anthony’s, and St. Mary-Corwin Medical Center. The order is set to expire on September 11, 2020.

The Governor also signed Executive Order D-2020-164 on August 14. This order extends the requirement that masks be worn in public places. Under the order, all individuals over ten years old must wear face coverings while in an indoor public space or waiting for public transit unless an exception applies. The order also advises those operating places of public accommodation, mass transportation operations, and critical business to deny admittance to anyone not wearing a face covering. Further, owners, operators, or managers of public indoor spaces remain obligated to post signs at a facility’s entrance instructing those that enter that it is their legal obligation to wear a face covering. Exceptions to those requirements include those who are seated at a food service establishment, those exercising alone or with members of their household, and those who are hearing impaired or are otherwise disabled where the ability to see one’s mouth is essential to communication. The order will expire on September 13.

Connecticut:

On August 14, Lieutenant Governor Bysiewicz, in her capacity as acting governor and at the request of Governor Lamont, issued Executive Order No. 7NNN. This Order:

• Repeals Executive Order No. 7BB, Section 1 and replaces it with a similar provision which requires anyone declining to wear a mask or face covering because of a medical condition to have documentation of such condition. The order contains provisions for those with disabilities to obtain such documentation without facing a significant burden.
• Permits the Commissioner of DECD to issue or amend Sector Rules to establish size limits for private gatherings of people who do not live in the same household, regardless of whether such gathering has been organized by a business.

Florida:

(Miami Dade County): On August 12, Mayor Gimenez issued an Executive Order extending the state of local emergency for an additional 7 days commencing on August 13, 2020.

(Palm Beach County): On August 11, Mayor Kerner issued a Declaration of Continuing State of Emergency, which extends the local state of emergency through August 21, 2020.

Georgia:

On August 15, 2020, Governor Kemp signed Executive Order 08.15.20.01, which extends present COVID-19 guidelines and restrictions, and implements new provisions regarding mask mandates by local governments. The Order establishes a “threshold requirement,” based on confirmed cases of COVID-19 in a local jurisdiction over the previous 14 days. Under the new Order, if confirmed cases are equal to or greater than 100 cases per 100,000 people, the local jurisdiction is deemed to have met the threshold requirement, and the local government is permitted to impose a “Local Option Face Covering Requirement.” However, such a requirement is optional and not mandated by the Order.

If a local government choses to implement the face covering requirement, there cannot be any “fines, fees, penalties, or other causes of action” against private businesses or organizations. Enforcement measures may be taken against individuals only. Businesses cannot be held liable for their customers’ noncompliance but may be required to post reasonable public notice of a “Local Option Face Covering Requirement,” and state whether it consents to enforce or not enforce requirements for customers while on its property. This Order is set to expire at 11:59 p.m. on August 31, 2020.

Hawaii:

(Kauai County): With Governor Ige’s concurrence, Mayor Kawakami issued Mayor’s Emergency Rule #15, which prohibits persons subject to self-quarantine from renting motor vehicles, whether through a rental car company, online service, or peer-to-peer platform or car sharing service, upon entering the island. The Rule became effective August 11, 2020 at 12:01 a.m. Mayor Kawakami also amended Mayor’s Emergency Rule #13, limiting outdoor gatherings of groups from 100 to 25 people, effective August 11, 2020.

Idaho:

On August 14, 2020, Governor Little’s Coronavirus Financial Advisory Committee approved $2.56 million to support community food banks, $10 million to support long-term care facilities, and $2.75 million to support Juvenile Corrections Center in St. Anthony. These funds are meant to support costs associated with food bank equipment; care facilities with residents who have tested positive for COVID-19, including separate locations to care for these individuals or transportation costs for treatment; and creating better social distancing at St Anthony’s Juvenile Corrections Center.

Illinois:

Governor Pritzker and the Illinois Department of Public Health (IDPH) announced new COVID-19 mitigation efforts that will be implemented in the Metro East area beginning Tuesday, August 18. The Metro East region includes the following counties: Bond, Clinton, Madison, Monroe, Randolph, St. Clair and Washington. Measures include the closing of bars, restaurants, and casinos by 11:00 p.m., the closing of party buses and the reduction of gathering sizes to the lesser of 25 people or 25 percent of room capacity. These measures will remain in effect over a 14-day period after which time more stringent mitigation measures, such as the closing of indoor bars and dining, may be implemented if metrics do not improve. The new mitigations can be found here.

Iowa:

On August 15, Governor Reynolds announced that the United States Federal Emergency Management Administration (FEMA) has approved Iowa’s application to participate in the Lost Wages Assistance program. The program provides eligible claimants who are receiving unemployment with additional benefits, starting the week ending August 1st. The Lost Wages Assistance program will publicize eligibility requirements and the application process as it becomes available.

Kansas:

On August 13, 2020, Governor Kelly announced a second round of CARES Act funding, totaling over $130 million in grants. Beginning at 12:00 p.m. on Wednesday, August 19, 2020, businesses can apply for the following:

• small business working capital grants;
• securing local food systems grants;
• PPE procurement & manufacturing grants;
• COVID-19 bioscience product development acceleration grants;
• connectivity emergency response grants;
• broadband partnership adoption grants;
• domestic supply chain fortification grants;
• IT, cybersecurity, & IT project management certification training grants; and
• higher education advance manufacturing & IT equipment grants.

(Kansas City–Wyandotte County): The Local Public Health Officer issued an order on August 13, 2020, regarding sports in Wyandotte County. The order, which took effect August 14, 2020, requires all athletes, coaches, and nonparticipating individuals to wear masks indoors and outdoors, when social distancing cannot be maintained.

Per the order, football, volleyball, soccer, and band competitions are prohibited during the fall season. However, football, volleyball, soccer, band, and basketball practices are permitted, conditional on implementation social distancing and sanitization. Additionally, the order permits non-contact sports—including debate, speech, tennis, gymnastics, golf, cross country—in compliance with state directives.

Additionally, on August 14, 2020, the Unified Government Board of Commissioners approved an Emergency Order and Resolution, relaxing rules on food trucks, farmer’s markets, and mobile markets throughout the county. The order suspends enforcement through December 31, 2020 of a number of ordinances and amends the Code of Regulations to allow businesses to expand their reach within the COVID-19 restrictions.

Farmer’s markets may operate within the following guidelines:

• must operate between 8:00 a.m. and 5:00 p.m.;
• must occur on a paved lot with owner’s permission;
• cannot obstruct ADA parking spaces, fire hydrants, bus stops, or loading/unloading zones;
• no Special Use permit is required with a valid business license and a plan of operation submitted to the Department of Planning and Urban Design;
• must enforce social distancing among customers and vendors.

Mobile markets may operate within the following guidelines:

• must obtain a business license;
• must display signage indicating contact information;
• must operate between 8:00 a.m. and 7:00 p.m. (Sunday–Thursday) and 8:00 a.m. and 8:00 p.m. (Friday and Saturday), extendable to 10:00 p.m. at a permitted block party;
• must receive invitation from location owner;
• vehicles cannot block sidewalks, violate no-parking zones, park in metered spot without paying, or occupy any public right-of-way;
• vehicles cannot park within 100 feet of a single-family home, or in parking spots required for other businesses;
• cannot remain parked in one location for more than 4 hours.

Mobile vendors may operate within the following guidelines:

• must obtain a business license;
• vehicles must pay meters and maintain proper time in metered spots;
• vehicles cannot park within 15 feet of a fire hydrant or bus stop, within 20 feet of an intersection or street corner, or in a loading/unloading zone;
• queueing for ordering, purchasing, and receiving product must be at least 5 feet from passing traffic;
• vehicles cannot park on a road with a speed limit exceeding 40 miles per hour;
• sandwich boards must be within 5 feet of the vehicle, and not interfering with traffic;
• must operate between 9:00 a.m. and 8:00 p.m. (agriculture-zoned districts and residential areas) or 9:00 a.m. and 10:00 p.m. (commercial- and industrial-zoned districts).

Maine:

On August 14, Governor Mills’ administration posted that more businesses, including movie theaters, restaurants, museums, campgrounds and RV parks, and gyms and fitness centers, can reopen as state enters Stage 3.

Mississippi:

Governor Reeves issued Executive Order 1518 which is in effect until August 31, 2020. It extends the Safe Return Order instituted in Executive Order 1492 and mandates the following guidelines for K-12 extracurricular activities:

• Attendance should be limited to two attendees per student, excluding coaches, staff, etc.
• Masks are required at all times during indoor events.
• Masks are required at outdoor events when in transit to or from seats, in restrooms, in concession sales areas, and in all places where social distancing is not possible.
• Masks are required for all time for all employees, staff, and volunteers.
• Prominent signage requiring masks should be posted at all points of entry.
• Attendees should attempt to social distance at all times.
• For concessions:
  • all operating staff shall be provided with a mask;
  • all customers should social distance;
  • all customers should not be permitted to congregate in the area of the concession stand;
  • all employees and volunteers shall be screened for COVID before beginning their shifts.
• All events should have a designed Safety Officer enforcing this Executive Order.

Nevada:

On August 14, Governor Steve Sisolak formalized the previously announced Road to Recovery: Moving to a New Normal plan via Directive 030.

New Hampshire:

On August 13, Governor Sununu issued two emergency orders. First, Emergency Order #64 states that school districts who have selected a remote model for their general education population shall not exclude in-person services from consideration for students with disabilities. Further, in-person services should be provided if they are needed for the student’s individualized needs and consistent with the health and safety needs of the child, teachers, and child’s family.

Second, Emergency Order #65 states that any business, organization, entity, property owner, facility owner, organizer or individual who recklessly violates any Emergency Order, rule, or regulation issued under the current State of Emergency is subject to a civil penalty of up to $1,000 per violation or per day that a violation continues. Moreover, a failure to comply with an Emergency Order, rule, or regulation issued under the current State of Emergency and enforced by the Division of Public Health (DPH) will be a fine of $2,000 per day; a failure to cooperate in an investigation of a potential Emergency Order violation will be a fine of $1,000 per day; a failure to cease operation after DPH told you to, will be a fine of $1,000 per day; and failure to comply with DPH instructions after getting a positive COVID-19 test result, will be a fine of $1,000 per day.

New Jersey:

New Jersey Governor Phil Murphy signed Executive Order No. 178 extending existing Executive Orders which give the Commissioner of the Department of Banking and Insurance more time (between 30 days and 6 months) to approve or deny applications, amendments, and certifications filed with the Department of Banking and Insurance. The order also extends the deadline for higher education institutions to submit plans to expand the use of open textbooks and commercial learning materials by 6 months.

New Mexico:

Governor Grisham issued a new order on August 13 providing new funding to the Department of Homeland Security and Emergency Management (DHSEM). This new order directs $750,000 to be made available to DHSEM for emergency disaster relief.

North Carolina:

On August 11, Governor Roy Cooper signed Executive Order No. 156, which extends deadlines for certain health assessments and immunization requirements due to the impact of the pandemic. The order provides that NCDHHS shall provide additional time for families, students, and children to complete required immunizations.

On August 14, Governor Roy Cooper signed Executive Order No. 157, which extends certain transportation-related provisions in previous executive orders.

Governor Roy Cooper also announced that businesses and nonprofit organizations in North Carolina that have experienced interruption due to the pandemic could qualify for up to $250,000 from a new state grant program. The Department of Commerce is now accepting applications for the Job Retention Grant Program through the agency’s website. Both for-profit and certain types of nonprofit employers may apply for grants through the program, which has a strict application deadline of September 1, 2020.

North Dakota:

On August 13, Governor Burgum announced the launch of the new Care19 Alert smartphone app designed to notify users of possible COVID-19 exposure while protecting their privacy with technology developed by Apple and Google. North Dakota-based ProudCrowd LLC developed Care19 Alert in partnership with the North Dakota Department of Health using federal funding. The free app is available to download through the App Store and the Google Play Store. Care19 Alert is the only app in North Dakota allowed to use the exposure notification system (ENS) application programming interface (API) jointly created by Apple and Google. 

Oregon:

On August 13, Governor Brown announced that Malheur County will move from Phase 2 back to Phase 1 status, effective Monday, August 17. Malheur County was placed on the County Watch List on July 3, and COVID-19 has spread rapidly since.

Tennessee:

Governor Lee has expanded the Tennessee Small Business Relief Program to include additional businesses as long as they have less than $10 million in annual gross sales as shown on April sales tax returns and fall within an industry impacted by executive order limitations or a retail industry that experienced a 25% reduction in taxable sales in the month of April due to the public health emergency. The TN Department of Revenue will provide a full list of eligible businesses and instructions. The TN Department of Agriculture also has an economic support program for agricultural businesses and forestry businesses to help ensure stability of the food supply chain and agribusiness economy. Applications for funding through this program will be accepted through August 31.

(Nashville/Davidson County): The Chief Medical Director has issued Order 11 Phase Two with Modifications: Reopening. The order supersedes and replaces Amended and Restated Order 7 and Amendment 3 of Order 9. It expires at 11:59 p.m. on August 31, 2020. Most of the requirements are restated from previously orders. Changes are as follows:

• The instructions on limiting capacity and using the entire amount of occupancy space have been amended in most instances to require businesses to equally distribute patrons throughout the space.
• Private gatherings are explicitly added to the list prohibiting crowd sizes of more than 25 people in Section 1
• Food and beverage dining areas in retail and commercial businesses may operate at a maximum 50% capacity if they otherwise comply with the rules for food service businesses in Section 4.
• Limited service restaurants may operate at the lesser of 50% of max. capacity or 25 patrons on premises.
• An entity whose primary business is food service (except limited service restaurants) may operate at the lesser of 50% capacity or 100 patrons per floor.
• Bars that hold an on-premise beer permit but do not hold a license issued by the TN ABC may operate at the lesser of 50% of the max. capacity or 25 patrons on premises.
• Customers and guests at any food establishment shall remain seated, except when entering or exiting the premises, or walking to and from the restroom.
• No-touch beverage filling stations are allowed in food establishments.
• Limited service restaurants and other food service businesses cannot sell alcohol via take-out, window, or cub-side delivery between 10:30 p.m. and 5:00 a.m. CDT.
• Live music or entertainment is allowed, subject to the conditions set out in Exhibit B.
• Sport and recreational leagues and sports tournaments may resume, if participants and spectators adhere to crowd-side limitation and CDC guidance on social distancing.
• Guided tours or public programs are allowed to resume at 50% or less of regular capacity provided crowd-size limitations and CDC guidance is maintained at museums, cinemas, bowling alleys, miniature golf, driving ranges, go-carts, water parks, zip lines, paintball, ice or roller rinks, arcades, and similar attractions or participatory activities.
• Ancillary or participatory activities can also resume at the above businesses including arcade games, pool, amusement rides, or similar activities. Cleaning supplies should be provided alongside each activity for customer use.
• Social clubs serving food or beverage are limited to 50% capacity and shall comply with the conditions for food service businesses in Section 4.
• Overnight family camps shall allow only one family per cabin. Each family shall remain together for the duration of the camp having only incidental interaction with others.
• The new Section 7 provides that event, rental, and music venues, businesses and facilities except those in Section 2 with an occupancy limit of 1500+ may operate at 50% or less of capacity up to a maximum of 25 people. There are 18 requirements listed in the section. Those specific to these businesses are:
  • All customers shall be off premises and the premises closed to the public between 10:30 p.m. and 5:00 a.m. CDT.
  • Seating sufficient for one-half the total attendees shall be provided.
• Section 12 is added which restates the requirements and closures for transportation businesses that were previously in effect.
• Violations of Order 11 shall be subject to civil and criminal penalties.

(Nashville/Davidson County): The Chief Medical Director issued Amended and Restated Order 10 regarding geographic areas covering Downtown and Midtown. The Order is effective at 11:59 p.m. on August 16, 2020 and remains in effect through 11:59 on August 31, 2020, and makes the following amendments:

• Bars that hold an on-premise beer permit but do not hold a license issued by TN ABC and limited service restaurants may operate at the lesser of 50% max. capacity or 25 patrons on premises and must comply with the additional conditions listed.
• Entities whose primary business is food service (except limited service restaurants) may operate at the lesser of 50% of max. capacity or 100 patrons per floor.
• The order lists 22 requirements for the listed business in these districts to open. Most are the same as were previously expected of food service establishments or as listed in Order 11. Notable requirements include:
  • No party of more than six people shall be allowed.
  • Customers and guests shall remain seated, except when entering or exiting the premises, or walking to or from the restroom.
  • Bar counter areas must be closed to the public; the bar may be used to prepare and service orders from patrons seated elsewhere. No interaction between the public and bartender shall be allowed. No customer is allowed to stand or sit at the bar.
  • Live music or entertainment is allowed, subject to the conditions in Exhibit B.
  • Alcohol for on-premises consumption may be served only to seated customers.
  • No ancillary or participatory activities including, but not limited to, arcade games, pool, foosball, darts, axe throwing, amusement rides, laser tag, or similar activities shall be allowed.
  • All customers shall be off premises and the premise closed to the public between 10:30 p.m. and 5:00 a.m. CDT.
  • Customers shall not be allowed to remove alcoholic beverages from the premises.
  • Except when sold for consumption on premises or for off-premises delivery, the sale of alcohol is prohibited.

Texas:

(Travis County): On August 14, 2020, Travis County Judge Sam Biscoe signed County Judge Order 2020-16; Relating to the COVID-19 Community Restrictions. Effective as of 12:00 a.m., Sunday, August 16, 2020 and continuing through 11 :59 p.m. on December 15, 2020 unless extended. This Order:

• Extends the local disaster declaration and public health emergency for Travis County.
• Extends prohibition of any gatherings that exceed 10 people, except as permitted by the Governor’s Proclamation and Orders.
• Extends requirement for every person in Travis County to wear a face covering over their nose and mouth when inside a commercial entity or other building open to the public, or when in an outdoor public space whenever not feasible to maintain six (6) feet of social distancing from persons outside one’s household.

(Austin): On August 14, 2020, Austin Mayor Steve Adler issued Order No. 20200815-019 extending existing requirements for face coverings, social distancing and limiting gatherings. It also extends development application deadlines to March 15, 2021 and changes nursing home standards to comply with new state guidelines allowing for some visitation. Lastly, the Austin order stipulates that each school that offers instruction to students in one or more grades, pre-kindergarten through grade 12, must follow the phased-in approach in provided in Exhibit E unless it will result in a loss of funding from the Texas Education Agency.

On August 17, 2020, the City of Austin’s Neighborhood Housing and Community Development Department (NHCD) and the Housing Authority of the City of Austin (HACA) announced the launch of the Relief of Emergency Needs for Tenants (RENT) Assistance Program, a $17.75 million program providing $12.9 million in direct rent support for income-eligible Austin renters who are financially impacted by COVID-19. The RENT program will also offer related support for tenant stabilization, eviction prevention and direct community outreach. The RENT Application Portal will open Wednesday August 19, 2020 at 8:00a.m. (CST) and remain open through January 2021, or until funds are expended.

Utah:

On August 14, 2020, Governor Herbert signed Executive Order 2020-50 that adopted a new Version, version 4.10, of Phased Guidelines for the state.

• Areas must follow their Level of Restriction’s guidelines. This order lists:
  • Salt Lake City in the Moderate (Orange) Level of Restriction;
  • Beaver County, Daggett County, Duchesne County, Emery County, Garfield County, Kane County, Millard County, Piute County, Uintah County, and Wayne County in the Minimal (Green) Level of Restriction; and
  • All other areas in Low (Yellow) Level of Restriction.
• All employees unable to maintain six feet of distance and all individuals in a healthcare setting must wear face coverings.
• Political subdivisions may adopt mask mandates without approval from the Utah Department of Health.

This order rescinds and replaces Executive Order 2020-49 and will remain in effect until August 20th.

Washington:

On August 13, 2020 Governor Inslee issued a Proclamation 20-67 that sets forth the parameters for the Washington COVID-19 Food Production Paid Leave Program. The Proclamation will go into effect on August 18, 2020. The program provides a $3 million fund to support workers in the food production industry who are unable to obtain leave through the Families First Coronavirus Response Act.

Governor Inslee also announced the extension of Proclamation 20-22, which waives/suspends restrictions on truck driver hours. The original proclamation was issued on March 18th, and is now extended to September 14, 2020.

West Virginia:

On August 14, Governor Justice, along with the West Virginia Department of Health and Human Resources (DHHR), and the West Virginia Department of Education (WVDE), announced a new metric and color code system to determine how in-person instruction, athletics, and other extracurricular activities are conducted at West Virginia’s pre-kindergarten through 12th grade schools.

On August 13, Governor Justice held a virtual ceremony to award more than $1.5 million to 330 various fairs and festivals across West Virginia to assist those communities that canceled events due to COVID-19.

Wisconsin:

(Milwaukee): On August 14, 2020, the City of Milwaukee Health Department issued an update on Order #4.1, which announces new guidance for restaurants and bars in Milwaukee. Under the update, restaurants and bars must submit a safety plan and Risk Assessment tool to continue offering in person dining services. All plans must be submitted to the Health Department by 11:59 p.m. on September 15, 2020. The plans will help ensure that workplace policies are in place to protect employee health and ensure infection control and physical distancing. Once a business’ plan has been approved, it will receive a certificate or seal from the Milwaukee Health Department indicating that it may operate safely.

August 13, 2020

California:

The California Department of Public Health released guidance for institutions of higher education dealing with COVID-19 on August 7. The guidance is aimed at helping schools address concerns while in the process of planning and preparing to reopen. The guidance includes information on the use of face coverings, promoting hygiene, and addressing a student or staff member who becomes sick.

Colorado:

The Colorado Department of Public Health and Environment has released a series of new guidance documents from the CDPHE and the Colorado Department of Education to help parents and schools reopen and respond to COVID-19. The guidance documents concern:

• Information for parents and school staff providing checklists for signs and symptoms of infection.
• Flowcharts for when:
  • to send a staff member or a student home;
  • it’s safe to return to school and work;
  • a classroom or group of students who have had contact with someone who is sick should stay home.
• A toolkit for planning the 2020-21 school year generally.
• Guidance for reopening schools.
• Guidance for schools on how to handling cases and outbreaks.

Florida:

(Palm Beach County): County Administrator Baker issued Emergency Order Number 18 (“Revised Restrictions on Operating Hours of Restaurants, Food Establishments, and Other Businesses and Clarification of Current Business Closures”). The Order prohibits establishments permitted to serve alcohol or food for on-site consumption from serving or allowing the consumption of food or alcohol on premises between 11 PM and 5 AM. All businesses closed by prior orders remain closed, including:

• Bars
• Nightclubs
• Smoking bars and lounges
• Bowling alleys
• Arcades
• Auditoriums
• Movie theaters
• Concert halls
• Tattooing and body piercing establishments
• Tanning and massage businesses

The Order took effect on August 12, 2020 and terminates upon expiration of the existing state of local emergency or subsequent order.

Georgia:

On August 13, 2020, Governor Kemp’s office issued a press release announcing that the Attorney General’s Office has filed to withdraw the pending lawsuit challenging the City of Atlanta’s mask requirement in public areas. Governor Kemp stated that he will issue an executive order addressing some of the issues raised in the State’s withdrawn lawsuit. Governor Kemp’s current Executive Order is set to expire on Saturday, August 15.

Businesses operating in the City of Atlanta and other local jurisdictions with masks requirements should be mindful of the unsettled nature of whether local jurisdictions can implement and impose mask requirements in public areas. The Governor has maintained that local jurisdictions cannot impose greater or lesser restrictions than what is imposed in the Governor’s Executive Order addressing COVID-19. Under the Governor’s current Executive Order, masks and facial coverings are not required in public areas.

Kansas:

The Kansas Department of Health updated its quarantine travel list. Travel to Florida post-August 11, 2020 no longer requires quarantine but attending mass gatherings of over 500 people out-of-state now triggers a 14-day quarantine upon returning to Kansas.

Kentucky:

On August 11, Governor Beshear recommended all schools across the state start the 2020-2021 year remotely. The governor advised all schools hold off sending children to the classroom until at least Sept. 28.

Minnesota:

Governor Walz signed Emergency Executive Order 20-83, which extends the COVID-19 peacetime emergency declared in Executive Order 20-01. The peacetime emergency was set to expire on August 12, 2020 but will now continue through at least September 11, 2020. Under the peacetime emergency,

• All individuals five years or older are required to wear face coverings while in any indoor space open to the public, unless they have a medical exemption;
• A landlord’s right to evict a residential tenant because of a material violation of a lease or nonpayment of rent is suspended;
• All indoor gatherings of more than 10 people and outdoor gatherings of more than 25 people are prohibited, except for weddings, funerals, and worship services; and
• Employers cannot discriminate or retaliate against employees who refuse to perform assigned tasks that they reasonably believe are dangerous to their health.

The peacetime emergency may be further extended by an executive order signed on or before September 11, 2020.

Missouri:

(Kansas City): Kansas City mayor Quinton Lucas issued Fourth Amended Proclamation Declaring a State of Emergency. This Proclamation continues the state of emergency, which has been in effect since March 12, 2020, and allows all current orders to remain in effect until altered, modified, superseded, or repealed.

Montana:

On August 12, Governor Bullock issued a directive making face coverings in all public and private k-12 schools in counties with four or more active cases required. Also, Governor Bullock announced $10 million will be used to create the Live Entertainment Grant Program to provide long term viability for the live entertainment industry. To ensure entertainment businesses can survive extended closures and postponement, the program will provide up to 25 percent of a business’ 2019 gross revenue or a maximum of $1 million per applicant. Applicants must derive at least 33 percent of their 2019 revenue from live events and must be operating at less than 10% of last years’ revenue. Bars, restaurants, and other facilities whose primary business is anything other than live entertainment are not eligible. Applications are open August 12 at covidrelief.mt.gov and will be evaluated on a first come first serve basis.

New Jersey:

New Jersey Governor Phil Murphy signed Executive Order No. 175 which supersedes previous executive orders closing public and private preschools, elementary schools, and high schools and allows those schools to re-open for the 2020-2021 school year.

Texas:

(Bexar County): On August 12, 2020, Bexar County Judge Nelson Wolff issued Executive Order NW-14, effective as of 5 p.m. on Wednesday, Aug. 12, 2020 and continuing through 11:59 p.m. on Wednesday, Sept. 16, 2020 unless extended, modified or terminated early by the County Judge. The Executive Order continues the local disaster declaration and public health emergency for Bexar County for the period specified and incorporates and adopts the most recent executive orders, proclamations or declarations issued by Governor Greg Abbott and any subsequent orders, proclamations or declarations issued by the Governor relating to the COVID-19 disaster.

Key measures include:

• All commercial entities in Bexar County providing goods or services directly to the public must develop and implement a health and safety policy (“Health and Safety Policy”). The Health and Safety Policy must require, at a minimum, that all employees or visitors to the commercial entity’s business premises or other facilities wear face coverings when in an area or performing an activity which will necessarily involve close contact or proximity to co-workers or the public where six feet of separation is not feasible.
• In accordance with Executive Order GA-29, every person 10 years old or older in Bexar County shall wear a face covering over the nose and mouth when inside a commercial entity or other building or open space to the public, or when in an outdoor public space, wherever it is not feasible to maintain six feet of social distancing.
• All large gatherings or events estimated to be in excess of 10 people, whether indoor or outdoor, are prohibited.
• Social gatherings, including family gatherings, shall not include more than 10 persons.
• Beginning at 11 :59 p.m. on Friday, Sept. 4, 2020, all persons must vacate Bexar County parks and all Bexar County parks will thereafter be closed to the public until 11 :59 p.m. on Monday, Sept. 7, 2020.
• The upcoming foreclosure sale scheduled for Sept. 1, 2020 is postponed. The sale may be rescheduled on Oct. 6, 2020 if public health officials determine that a foreclosure sale with a large crowd will not result in a threat to the health and safety of those in attendance due to an increased risk of transmission of COVID-19.

Virginia:

On August 13, Governor Northam announced that Growth and Opportunity for Virginia (GO Virginia) will award over $5.5 million in grants to support projects to address economic and public health challenged created by COVID-19. The newest projects to receive funding are focused on strengthening the health sciences workforce pipeline, advancing new renewable energy ventures, and developing a regional service network for entrepreneurs. The grant awards will leverage an additional $7,732,043 in non-state sources to assist with economic diversification and recovery efforts throughout Virginia. Since beginning in 2017, GO Virginia has funded 114 projects and awarded approximately $37.5 million to support regional economic development efforts. For more information on GO Virginia, click here.

On August 13, Governor Northam announced Virginia Department of Health will conduct pediatric COVID-19 serology study in Northern Virginia. This study will measure the proportion of children with antibodies to COVID-19. Northern Virginia was selected for the study due to the number of positive COVID-19 pediatric cases reported in the region. This study will provide information on the number of children that have been infected with COVID-19 in Northern Virginia and statewide, including those who may have had mild or asymptomatic infections.

August 12, 2020

Colorado:

The Colorado Department of Public Health and Environment (“CDPHE”) has released guidance aimed at helping schools respond to the COVID-19 pandemic. The guidance addresses school reopening and coping with virus transmission at schools. CDPHE developed three different levels for reentering classrooms based on age and which phase of reopening the community has entered. For example, “Safer at Home,” requires schools to remain all remote, unless otherwise excepted, while “Protect Our Neighbors,” allows schools to resume most normal operations depending on grade level. In its advice to schools that have reopened and experience cases, CDPHE offers varying recommendations based on the number of students and faculty that are or may be positive. It also suggests classroom closure where one person within that classroom has been infected and school closures when five or more classrooms experience outbreaks.

Georgia:

On August 11, 2020, the DeKalb County Board of Commissioners approved a $15 million loan program for small businesses impacted by COVID-19. The program is funded with money the county received earlier this year from the federal CARES Act. Loans will be available up to $40,000 for approved business to use for payroll, state unemployment and local taxes, employee benefits, rent payment or mortgage interest, commercial property utilities, and other business-related debt interest. To qualify, a business must have an annual revenue of less than $1 million and 20 or fewer employees. Participating businesses must follow or provide a “good faith” effort toward following, the parameters surrounding spending and maintaining employees. If businesses satisfy the requisite criteria, selected loans will be eligible for loan forgiveness after three months. The application period begins on August 27, 2020 and ends on September 7, 2020. For further information, please see dekalbcountyga.gov/COVID19loan.

Idaho:

On August 7, Governor Little signed a proclamation to supersede all prior proclamations. This proclamation ordered the

• Continuation of the Idaho Rebound Cash Grants and distribution of funds to be administered by the Idaho State Tax Commission;
• Continuation of the Program to Procure and Distribute Personal Protective Equipment to Idaho Businesses and Nonprofits;
• Continuation of the Return to Work Bonuses Program; and

Continuation of the state of public health emergency for thirty days.

Missouri:

(St. Louis City): St. Louis City issued a Health Commissioner Order No. 13, which takes effect on August 13, 2020, modifies Order No. 8 and Order No. 9, rescinds Order No. 10 and Order No. 12, and remains in effect until September 7, 2020. Under this new order:

• Bars, restaurants, and nightclubs must:
  • Limit capacity to 50% of their permitted occupancy
  • Must be closed by 11:00 PM
• Large venues must limit their capacity to 50% of their permitted occupancy
• All Businesses that are closed as a result of a public health order may:
  • Maintain inventory
  • Process payroll or employee benefits

New Hampshire:

On August 11, Governor Sununu issued Emergency Order 63, requiring face coverings for all persons who attend or are present at scheduled gatherings of 100 people or more for social, spiritual, and recreational activities, including, but not limited to, community, civic, public, private, leisure, faith based, political, or sporting events; parades; concerts; festivals; conventions; fundraisers; and similar activities; where individuals are gathered in the same place at the same time.

This requirement does not apply to: (1) gatherings where attendees are seated and separated by at least 6 feet except those that are members of the same household, party, or assigned to the same table–people subject to this exception must wear face covering when entering and exiting the gathering and while moving to and from their seats; (2) day-to-day operation for for-profit or not-for-profit organizations and state and local governments, including K-12 schools, where 100 or more people may be present at the facility. (3) Children under the age of 2. 

Any entity, property owner, facility owner, or person that organizes or allows its property or facility to be used shall make reasonable efforts to comply with this Order. It is a violation of this Order if any entity, property owner, facility owner, or person knowingly violates this Order, or refuses to comply with a prior warning about the requirements.

North Dakota:

On August 10, Governor Burgum announced an extended renewal deadline for driver’s licenses that have expired during the COVID-19 emergency, a new precision online learning tool for K-12 schools, and the launch of the “Mask Up ND” public awareness campaign.

The renewal deadline for driver’s licenses that expired March 1, 2020, or later has been extended, and the new deadlines will follow a phased schedule. The executive order signed by Governor Burgum takes the place of Executive Order 2020-36, which extended expiration dates for vehicle registration and driver’s licenses to August 31. The new executive order directs North Dakota law enforcement agencies and private sector businesses to recognize any North Dakota driver’s license that expired after March 1, 2020, or a license that will expire by December 31, 2020, as valid, based upon the renewal schedule below:

• Licenses which expired in March, April or May 2020 must be renewed no later than September 30, 2020.
• Licenses which expired in June 2020 must be renewed no later than Oct. 31, 2020.
• Licenses which expired, or will expire, in July, August, September or October 2020 must be renewed no later than November 30, 2020.
• Licenses which expire in November and December 2020 must be renewed no later than December 31, 2020.

The deadline for renewing vehicle registrations remains August 31.

Governor Burgum also announced that the Governor’s Office and the Department of Public Instruction are partnering to make available a next-generation precision online learning tool, called Exact Path, for reading, language arts and mathematics during the 2020-2021 school year. Exact Path, an award-winning program of Edmentum Inc., will provide precise and actionable academic pathways for students based on their current progress and create a road map to guide them to grade-level proficiency and North Dakota Choice Readiness. This voluntary tool will be offered to all North Dakota K-12 residents.

Lastly, Governor Burgum announced the “Mask Up ND” public awareness campaign.

The North Dakota Department of Health created a webpage where members of the public can download images to share on social media platforms. The webpage also provides links to useful information, resources and articles about the importance of wearing masks in public during the pandemic.

Utah:

On August 12, Governor Herbert put out a press release indicating his support that Utahns should be wearing masks. He highlighted a study done by researchers at Brigham Young University that highlighted masks can be effective at reducing spread and masks are not dangerous to wear. Governor Herbert encourages all Utahns to read the study, linked here, and wear a mask.

Wyoming:

On August 12, Governor Gordon announced the extension of health orders and easing of outdoor gathering limits. The public health restrictions that apply to restaurants, bars, gyms and performance spaces will now remain in place through August 31. As a reminder, those orders provide that:

• Restaurants, bars, and other food service establishments may continue to provide indoor and outdoor services under the following requirements, amongst others: (1) table size limited to six people; (2) placement of tables allows six feet between patrons of another table; (3) staff must wear face coverings if within six feet of other staff and/or customers; (4) employees must be screened for COVID-19 symptoms and activity logs are kept.
• Gyms may operate so long as staff wear face coverings if within six feet of customers and/or other staff, all employees are screened for COVID-19 symptoms and an activity log is kept, lockers are assigned to individual patrons, and group classes are limited to 50 people who must maintain six feet of distance between each other.
• Movie and performance theaters and other similar establishments may operate if groups of patrons seated together are limited to six, employees are screened and their activities are logged, appropriate face coverings are worn by the staff and any food service follows the requirements specific to restaurants, bars, etc.
• Gatherings, both indoors and outdoors, continue to be restricted to 50 people with certain industry exemptions (e.g. grocery stores, gas stations, government facilities, treatment centers, retail establishments, and churches)
• Salons, massage therapy services, and cosmetology centers must maintain the following standards, amongst others: (1) six feet of separation between all patrons and limit the number of patrons such that this distance is possible, (2) wear face coverings when possible; and (3) abide by the 50 person limit.

Public Health Order No. 2 has been updated to allow outdoor gatherings of no more than 50% of venue capacity, with a maximum of 1,000 people as long as social distancing and increased sanitization measures are in place. Indoor gatherings in a confined space remain limited to 50 persons without restrictions and 250 persons if social distancing and sanitization measures are incorporated.

August 11, 2020

Colorado:

Governor Polis signed Executive Order D-2020-158 on August 9, which extends a previous order suspending statutes relating to healthcare workers and rulemaking. The new order leaves in effect directives allowing healthcare workers (e.g. advanced practice nurses, and physicians) to cross train, supervise, and delegate responsibilities to nurses’ aides, chiropractors, and dentists, among others. The amendment does not extend the suspension of State Board of Pharmacy Rules, including the requirements that the hospital pharmacy not be more than one mile from the hospital and must maintain minimum hours of operation. The order remains in effect until September 8.

The Governor also recently extended several other orders an additional 30 days to September 9. The first, Executive Order D-2020-159, establishes the elections process during the pandemic. This order allows for online or by-mail petition signatures, sets forth a process for notarizing petitions, and requires all candidates to provide registered voters with the information normally contained in petitions.

The second, Executive Order D-2020-160, allows continued eligibility or benefits for Medicaid, prevents changes in eligibility, and delays the collection of fees for individuals enrolled in Colorado’s Children’s Basic Health Plan.

Lastly, Governor Polis signed Executive Order D-2020-162 to continue to protect tenants against evictions. Under the order, a landlord must continue to work provide tenants a thirty-day notice of default for any non-payment that occurred after March 10, 2020. The order also strongly encourages local governments to suspend or eliminate prohibitions that place limits on the number of unrelated individuals who can live in one household, prohibit group or boarding houses, or limit the number of days a hotel room may be occupied.

The Colorado Department of Public Health and the Environment (CDPHE) has also issued two new orders. On July 30, the Department issued its Second Amended order restricting visitors at nursing facilities, which now provides for outdoor visitation in accordance with state guidance. It also requires facilities to begin reporting the resources that they have available to respond to the pandemic including bed capacity, supply of personal protective equipment, and available staffing. Facilities are required to begin reporting the information to CDPHE daily on: August 5 for skilled nursing facilities; August 12 for assisted living facilities; and, August 19 for intermediate care facilities.

On August 7, CDPHE also issued Amendments to Public Health Order 20-32. These amendments alter the list of those at high-risk for severe illness bringing them in line with the order of Governor Polis also issued on August 7. The new order is effective through September 6.

Connecticut:

On August 10, Governor Lamont signed Executive Order No. 7MMM. The Order clarifies several administrative steps in the management of absentee ballots for the August 11, 2020 primary election.

Delaware:

On August 10, Governor Carney, along with the Delaware State Housing Authority (DSHA), announced the reopening of the Delaware Housing Assistance Program (DE HAP), which provides financial assistance for renters affected by COVID-19. They also announced emergency mortgage assistance available for homeowners who have missed payments due to the pandemic.

The State of Delaware and New Castle County will contribute a combined $40 million in CARES Act funding to provide payments for qualified applications to both the rental and mortgage assistance programs. Eligible households in DE HAP can now receive up to $5,000 in assistance, with payments made directly to the property owner.

District of Columbia:

Mayor Bowser and the District of Columbia Housing Finance Agency (DCHFA) announced the relaunch of the DC Mortgage Assistance Program (DC MAP) during a press conference on Tuesday, August 11, 2020. The press release includes details related to applicant eligibility for those that can apply to receive up to a $5,000 monthly loan to assist with mortgage payments for up to six months. The DC MAP program was established to help homeowners impacted by COVID-19 through a zero-interest, recourse loan.

Hawaii:

(Maui County): Mayor Victorino issued Amended Public Health Emergency Rules, which repeal the July 31, 2020 Emergency Rules, and reinstate provisions which encourage individuals in the County to stay at home, and requires individuals above the age of 5 to wear a face covering in all public spaces, with exceptions for (among others) those who cannot wear a face covering due to an existing medical condition. The Rules permit indoor and outdoor gatherings of no more than 10 people, provided face coverings are worn and physical distancing maintained between separate groups. Designated businesses and operations may continue to operate, subject to the Rules’ requirements, however, Nightclubs and concert halls are ordered closed, except to conduct minimum basic operations, which do not include in-person public or customer interactions. The Rules also require all persons traveling to the County to self-quarantine, beginning from the date of entry and lasting 14 days or the duration of the person’s presence in Maui, whichever is shorter. The Rules take effect on August 6, 2020 and continue through August 29, 2020, unless otherwise extended.

Kansas:

(Wichita): The Wichita mask ordinance was set to expire on August 11, but the City Council voted to extend the ordinance until September 8, 2020.

Michigan:

Governor Whitmer signed Executive Order 2020-166, which provides protection to Michigan workers who stay home when they are sick during the COVID-19 pandemic. The order prohibits employers from discharging, discipling, or otherwise retaliating against an employee for staying home from work while sick. An employer must treat employees who stay home while sick as if the employee were taking medical leave. If the employee does not have paid leave, the leave may be unpaid.

The order requires that any person who tests positive for COVID-19 or who displays one or more of the primary symptoms for the virus stay home from work until:

• He or she has been without a fever for 24 hours,
• 10 days have passed since his or her symptoms first appeared or since he or she tested positive, and
• His or her other symptoms have improved.

Any person who has had close contact with an individual who tests positive for COVID-19 or who displays one or more of the primary symptoms of the virus must stay home from work until:

• 14 days have passed since the last close contact with the sick person, or
• The individual displaying symptoms of COVID-19 receives a negative test.

The order went into effect on August 7, 2020 and remains in effect until further notice.

Governor Whitmer signed Executive Order 2020-168, which rescinds and replaces Executive Order 2020-149. The new order, which went into effect on August 10, 2020, enacts temporary safety measures for food-selling establishments and pharmacies. A food-selling establishment is defined as a grocery store, convenience store, restaurant, or any other business that sells food. The order requires that these businesses:

• Ensure that employees and customers stay at least six feet apart to the extent possible,
• Close self-serve food stations and eliminate free samples,
• Adopt cleaning procedures in line with the guidelines set by the CDC,
• Accommodate employees who are vulnerable to COVID-19 by offering low-risk assignments or leaves of absence, and
• Notify food vendors and employees within 12 hours of learning that an employee has tested positive for COVID-19.

The order further requires that all grocery stores and pharmacies create at least two hours per week of dedicated shopping time for people who are at high-risk for COVID-19, such as people over 60 and people with chronic health conditions. The order remains in effect until September 7, 2020.

Governor Whitmer also signed Executive Order 2020-169, which rescinds and replaces Executive Order 2020-148. The new order, which also went into effect on August 10, 2020, provides for enhanced protections for residents and staff of long-term care facilities during the COVID-19 pandemic. The order requires that all long-term care facilities

• Cancel all communal dining and group activities,
• Ensure adequate disinfecting of the facility in accordance with the guidelines set by the CDC,
• Provide appropriate personal protective equipment and hand sanitizer to all employees who interact with residents, and
• Notify employees within 12 hours of learning that a resident has tested positive for COVID-19.

The order also provides that nursing homes make reasonable efforts to create a dedicated COVID-19 unit to isolate residents who contract COVID-19. The order remains in effect until September 7, 2020.

Missouri:

(City of Columbia/ Boone County): The City of Columbia issued Order No. 2020-09 and Boone County issued order No. 2020-09C on August 6, 2020, which extends phase two, step three, of its reopening plans until August 31, 2020. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Are limited to ten persons per table
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Child care services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

Nebraska:

(Omaha): On August 11, 2020, the Omaha City Council passed an emergency mask mandate by a 7-0 vote. The mandate, which is effective immediately, requires all individuals 5 years old and older to wear a mask while indoors in public locations.

The mandate does not require masks to be worn when:

• seeking government services;
• exercising;
• consuming food or beverages or seated at a bar or restaurant;
• engaged in an occupation that prevents wearing a mask;
• verifying identity for legal purposes;
• speaking, lecturing, or broadcasting from a 6-foot distance from others; or
• a disability or medical condition prevents it.

New Jersey:

New Jersey Governor Phil Murphy added Hawaii, South Dakota and the Virgin Islands to the state’s travel advisory which requires travelers from those states and territories to quarantine for 14 days. Governor Murphy removed restrictions on travelers from Alaska, New Mexico, Ohio, and Rhode Island.

New York:

New York Governor Andrew Cuomo added Hawaii, South Dakota and the Virgin Islands to the state’s travel advisory which requires travelers from those states and territories to quarantine for 14 days. Governor Cuomo removed restrictions on travelers from Alaska, New Mexico, Ohio, and Rhode Island.

Rhode Island:

The Governor of Rhode Island issued the following Executive Orders:

Executive Order 20-61: Effective August 7 through September 6, this order prohibits the sale of alcohol for on-premises consumption from 11:00 p.m. to close, excepting only the service of alcohol to patrons seated at tables in accordance with Phase III guidelines for restaurants. This order requires establishments to rope off the bar area and make seating at the bar counter unavailable to customers after 11:00 p.m. This order does not affect the provisions of Executive Order 20-58 (Phase III Re-Opening) and the Rhode Island Department of Health’s “Safe Activities” regulation.

Executive Order 20-62: Effective August 10 through September 9, this order removes certain recertification criteria for school bus drivers.

Executive Order 20-63: Effective August 10, 2020 through September 9, this order extends the following Executive Orders:

• Executive Order 20-44 (Fortieth Supplemental Emergency Declaration - Uniform Statewide School Calendar)
• Executive Order 20-46 (Forty-Second Supplemental Emergency Declaration - Public Meetings and Public Records Requests)

On August 7, the Rhode Island Department of Health implemented the regulation “Safe Activities by Covered Entities During the COVID-19 Emergency.” Effective until September 5, this regulation applies to any person, for-profit or non-profit business, state agency, political subdivision of the State, school, religious institution, public or private park or beach. Excluding residential dwellings, the regulation applies to all establishments.

Universal Regulations:

The regulation requires all individuals in public or in an establishment to maintain physical distancing at all times. Unless physical distancing can be maintained, all individuals in public or in an establishment shall wear a cloth face covering.

Additionally, employers must provide cloth face coverings at no expense to employees. The face covering regulation does not apply:

• to individuals whose employers or other regulations require wearing more protective respiratory protection (such as N95 respirators);
• to individuals whose mental or physical health would be damaged by wearing a face covering;
• to individuals, including children, who may not be developmentally unable to effectively wear a cloth face covering;
• when a face covering would inhibit an activity of daily living (e.g. eating);
• when a face covering would itself negatively impact the safety of an individual or others;
• in outdoor settings where people can easily and continuously maintain at least six (6) feet of distance from one another.

Excluding individuals, all others covered by this regulation must have a written plan for the safe operation of its establishment. This plan must address:

• physical distancing,
• cloth face coverings,
• cleaning procedures,
• procedures for denying access to the establishment by COVID-19 positive and symptomatic individuals,
• response plan to positive case/ outbreak,
• point of contact for coordinating with the Department of Health,
• protocols to ensure capacity limits,
• a designee to ensure compliance,
• and employee training.

Excluding individuals, all others covered by this regulation must ensure compliance with screening of all individuals entering its establishment. Entities’ screening procedures must comply with minimum criteria of the ordinance, and when such screening identifies an individual with multiple symptoms the entity must deny that individual access—unless individual is a resident of the entity, the entity is a cooling center, or the entity is a health care facility. All entities must display an educational poster for patrons. For entities without staff present, contact information must be clearly displayed to allow customers to report violations.

All entities must provide access to a restroom with soap and water or must ensure ready access to hand sanitizer. All entities must perform and document environmental cleaning once per day. Water fountains are prohibited. The use of hookahs or waterpipes is prohibited.

Indoor/ Outdoor Dining:

All entities offering indoor/ outdoor dining must ensure tables are separated by a physical barrier or by at least eight (8) feet from table edge to table edge and six (6) feet away from areas with regular customer foot traffic. Self-service seating, service to standing customers, and self-service food stations are prohibited.

Bar seating must be six (6) feet apart or have physical barriers installed. When persons are seated at a bar, no employee is allowed to work behind the bar—unless there is a physical partition of acceptable specifications.

Entities must collect the full name, phone number, and date and time on site from all visitors and other entrants present on site for 15-minutes or more. This information is to be used solely for contract tracing purposes and must be maintained for thirty (30) days and then permanently destroyed. All persons whose information is collected must be notified that the information is being collected solely for the purpose of contract tracing.

Retail Establishments:

If offering in-person shopping, individual retailers must not offer sampling or application of personal goods, unless they provide single-use applicators or a no-touch option. Multi-retailer and multi-tenant establishments must maintain capacity limitations and ensure that any public/ shared spaces allow for physical distancing.

Recreation, Entertainment, and Assembly Venues or Establishments:

All covered entities offering outdoor recreation and entertainment activities (not including any public or private park or beach, campground, farmer’s market, or nature center) must:

• Space parties in structured seating six (6) feet apart on all sides.
• Space live performers fourteen (14) feet away from one another and the audience (including high traffic areas). This may be reduced to six (6) feet if performers wear cloth face coverings or physical barriers are erected.
• Sanitize all commonly touched surfaces and objects between uses.

Fitness Centers and Gymnasiums:

All gyms and fitness centers should require face coverings but must at least ensure individuals engaged in rigorous activity remain a minimum fourteen (14) feet apart. All equipment must be at least six (6) feet apart. All equipment for individual and group class use must be sanitized between users. Hand sanitizer and cleaning supplies must be available for patron use.

The full name, phone number, and date and times on site must be collected for contract tracing purposes, for all persons present on-site for a period of 15-minutes or more. This information must be maintained for thirty (30) days and then must be permanently destroyed. All persons whose information is collected must be notified that the information is being collected solely for the purpose of contract tracing.

Personal Services:

All covered entities operating establishments that offer personal services must ensure:

• Hand sanitizer is available.
• All commonly touched surfaces, equipment, and objects are sanitized between uses.
• If patron must remove mask for services, then personal service professional must wear a face covering with protection equivalent to an N-95 respirator and eye protection. The unmasked patron must maintain physical distancing from all other individuals.
• The full name, phone number, and date and times on site must be collected for contract tracing purposes, for all persons present on-site for a period of 15-minutes or more. This information must be maintained for thirty (30) days and then must be permanently destroyed. All persons whose information is collected must be notified that the information is being collected solely for the purpose of contract tracing.

Lodging Operations and Accommodations:

All covered entities operating lodging operations and accommodations establishments must require all guests to complete and submit to the establishment a certificate of compliance with out-of-state travel quarantine/testing requirements, which certificate must be in a form approved by the Department of Health. Certificates must be retained by the establishment for no fewer than thirty (30) days.

In-Home Services:

All covered entities providing services in residential dwellings must require all employees entering homes to wear cloth face coverings or other more protective respiratory protection.

Penalties:

The Director of the Rhode Island Department of Health may close entities if hot spots arise or violations of this regulation occur. Additionally, violators may incur a $500 penalty per violation.

South Carolina:

The Governor of South Carolina issued Executive Order 2020-53 effective August 10 through August 26. This order extends the State of Emergency and portions of Executive Order 2020-48, including limitations on nursing home and correctional facilities, wavier of registration requirements for private security companies, and prohibitions against price gouging. Further, this Executive Order continues the first responder protections from Executive Order 2020-44, namely, all emergency dispatchers are authorized to ask callers whether anyone in the caller’s house has tested positive for COVID-19. All transportation waivers created under Executive Order 2020-40 (e.g., for commercial vehicles and operators of commercial vehicles) remain in effect until September 10 or the duration of the State of Emergency, whichever is less. Violation of the Executive Order can result in a fine of not more than $100 or imprisonment for 30 days.

Virginia:

On August 11, Governor Northam announced 18 communities will receive $278,000 in Virginia Main Street grants to accelerate economic revitalization of downtown districts. Virginia Main Street grants are administered by the Department of Housing and Community Development.

• Downtown Investment Grants may be used for design and economic vitality projects in historic downtown neighborhoods located in designated Virginia Main Street communities.
  • Nine of these grants were awarded to the designated Main Street towns of Culpeper, Luray, South Boston, St. Paul, Wytheville, Danville, Franklin, Fredericksburg, and Lynchburg.
• Commercial District Affiliate Grants may be used toward projects in historic commercial neighborhoods located in more than 90 Virginia Main Street affiliate communities.
  • Nine of these grants were awarded to the towns of Bedford, Cape Charles, Colonial Beach, Honaker, Onancock, Tazewell, Buena Vista, Covington, and Martinsville.

Washington:

On August 10, Governor Inslee announced guidance for agricultural events, updated guidance for indoor fitness, and religious and faith-based services.

The agricultural guidelines and requirements apply to livestock and horse exhibitions/shows/sales/auctions, companion animal (dog, cats, rabbits, etc.) shows, or any substantially similar event.

For indoor fitness, Governor Inslee released additional FAQ clarification. The FAQ expands on guidance released August 3 and is effective beginning August 10. The updated FAQs clarify guidance for larger indoor fitness and training facilities where adequate social distancing and sanitation protocols can be followed. In all cases, individuals are encouraged to exercise outdoors whenever possible.

For religious and faith-based services, Governor Inslee issued updated guidance. The guidance, which reduces restrictions for some religious and faith-based services, is effective beginning August 10.

Governor Inslee also announced the creation of two funds to help immigrant workers during the COVID-19 pandemic. The Immigrant Relief Fund will provide $40 million to assist Washington residents who are unable to access federal stimulus programs due to their immigration status, and the Food Production Paid Leave Program will provide $3 million of financial resources to certain food production workers who remain home when ill.

West Virginia:

On August 10, Governor Justice announced that he is committed to President Trump’s executive order extending unemployment benefits at a rate of $400 per week. Under the order, $300 of the weekly total is to be paid for by the federal government, and the remaining $100 is to be paid for by each state, which Governor Justice has committed to paying.

August 10, 2020

Alaska:

Governor Dunleavy amended Health Mandate 010 which clarifies travel requirements for both Alaskan residents and non-residents. This mandate goes into effect August 11, 2020, and is effective until rescinded.

• All travelers must:
  • complete a travel declaration form and self-isolation plan in the Alaska Travel portal
  • follow strict social distancing for 14 days after arrival or until they receive a second negative test result from a test taken 7-14 days after arrival

• Non-resident travelers must:
  • take a COVID test 72 hours before departure into Alaska
  • upload a negative COVID test result to the Alaska Travel Portal or have results available to show at the airport, or pay $250 for a test upon arrival and quarantine until results the come in

• Alaskan-resident travelers:
  • must take a COVID test 72 hours before departure into Alaska
  • must upload a negative COVID test result to the Alaska Travel Portal or have results available to show at the airport, or take a free test upon arrival and quarantine until the results come in
  • may choose to quarantine for 14 days after arrival into Alaska if they do not take a test
  • Residency can be proven by:
    • an Alaskan driver's license or state issued ID card
    • federally recognized Alaska Tribal identification card
    • active duty military ID card or active duty dependent ID card
    • employment verification letter on employer letterhead stating traveler is moving to Alaska for employment
    • school verification letter for in-person schooling stating traveler is moving to Alaska for school

• Travelers with prior COVID infections:
  • These travelers do not need proof of a COVID test upon arrival if they can show a positive COVID test within 90 days of departure, proof of recovery from a medical provider, and are currently asymptomatic

• Critical infrastructure employees:
  • The traveler should arrive with a letter from their employer that identifies the employee, contains travel instructions, and confirms the traveler is following the employer's Community Workforce Protective Plan

Arkansas:

Governor Hutchinson issued Executive Order 20-44 providing social distancing guidelines in anticipation of federal and state elections. This pertains to the Special Elections on August 11, 2020 and the General Election on November 3, 2020. The order mandates that:

• Those who decide that voting at the polls is a risk to their health or the health of others due to COVID-19 or those who are unable to be physically present at the polls maybe request and submit an absentee ballot.
• Election officials are authorized to open, process, and canvass absentee voter correspondence up to 15 days before both the Special Elections and General Election. However, no official may open or publish the contents of the inner envelope until 8:30 a.m. on November 3, 2020.
• Election officials will provide notice of where and time periods during which they will open, process, and canvass outer envelopes each day.

California:

Thirty-eight counties have been on the State’s COVID-19 watchlist for more than three days. These counties are subject to reclosing including the shut down of indoor services at gyms, places of worship, and shopping malls. The counties currently on the list for more than three days are: Alameda, Butte, Colusa, Contra Costa, Fresno, Glenn, Imperial, Kern, Kings, Los Angeles, Madera, Marin, Merced, Mono, Monterey, Napa, Orange, Placer, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma, Stanislaus, Sutter, Tulare, Ventura, Yolo, and Yuba.  

Colorado:

In recent days, Governor Polis has signed several new orders amending and extending previous orders. On August 4 the Governor signed Executive Order D-2020-152 amending and extending previous orders declaring a state of emergency and providing funding for the State’s response. The order directs the extension of emergency funding until September 3, unless otherwise amended. The increase in funding includes additional monies for: the Colorado Department of Public Health and the Environment, the Colorado Governor’s Office of Information and Technology, and the Colorado Department of Agriculture.

Governor Polis signed Executive Order D-2020-154 on August 7 extending and amending the previously issued “Protecting Our Neighbors” Order. The original order directed that individuals at risk of severe illness from COVID-19 could not be compelled to perform work in-person for any business or government function. The new amendments changed those who are considered to be at high risk. Now included are:

1. Individuals who are sixty-five (65) years and older;

2. Individuals who have cancer;

3. Individuals who have chronic kidney disease;

4. Individuals who have chronic obstructive pulmonary disease;

5. Individuals who are immunocompromised;

6. Individual who have a body mass index of 30 or higher;

7. Individuals who have serious heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies;

8. Individuals who have Sickle cell disease;

9. Individuals who have Type 2 diabetes mellitus; and

10. Individuals determined to be high risk by a licensed healthcare provider.

The expiration of the order was extended to September 6, 2020.

On August 8, Polis signed Executive Order D-2020-155 which amends and extends previous orders regarding the limitation of in-person contact during elections. By amendment to previous orders, the new order requires the major parties change their rules in compliance with restrictions put in place because of the pandemic and suspends the statutory requirement that party business be conducted via in-person meetings. The new order extends the expiration dates of previous orders to September 7.

Finally, on August 9, the Governor signed Executive Order D-2020-157. The order extends relief previously given to public utility customers to lessen the economic pressure placed on them by the pandemic. The relief includes: the waiver of reconnection fees and suspension of the accrual of late payment fees for residential and small business consumers: and, direction to the Colorado Public Utilities Commission to provide guidance to and work with utility providers to develop aid programs for customers. For the purposes of this order, “small business” is defined by previous order as: “[A] public utility customer whose utility service is classified as a small business user or a small commercial user pursuant to a utility tariff established by the PUC. Those public utilities without a tariff established by the PUC shall establish their own definition of ‘small business consumers,’ as necessary for purposes of implementing this Executive Order.” The expiration of this order was also extended to September 8.

Connecticut:

On August 7, Governor Lamont announced that Connecticut has been approved to receive an extension of its full federal funding for its use of the National Guard in the state’s ongoing response to the COVID-19 pandemic. In March, the President approved the state to receive full federal reimbursement for all costs associated with activating the Guard in support of the state’s emergency response operations.

The Guard has helped with the erection of mobile field hospitals, delivery and distribution of millions of pieces of personal protective equipment, nursing home inspections and support, and testing kit assembly and collection. That original agreement, set to expire August 21, is extended through September 30.

On August 6, Governor Lamont announced that the state will continue covering the costs of COVID-19 tests at long-term care facilities for at least an additional two months. In June, the Governor signed an executive order mandating that all staff at these facilities receive weekly testing until there are no new COVID-19 positive test results for 14 days, with the state covering all costs of the tests for those not covered under Medicare Part B/Medicare Advantage. The order was originally effective through August 31 and this will extend the coverage through October 31.

On August 6, Governor Lamont announced additional coronavirus relief funding to assist Connecticut school districts will fall operations. The state will grant an additional $160 million in funding to help school districts open safely. The funds are reserved to assist districts with necessary expenditures incurred due to the public health emergency (during the period of March 1, 2020 and December 30, 2020), which were not accounted for in the budget most recently approved as of March 27, 2020. These funds will complement the $15 million already committed from the Governor’s Emergency Education Relief Fund (GEER) and $111 million from the Elementary and Secondary School Emergency Relief (ESSER) Funds, bringing the total funding for Connecticut schools to $266 million.

District of Columbia:

Individuals entering DC from non-essential travel from a "high-risk” state are required to self-quarantine according to Mayor Bowser's Order 2020-081 issued July 24, 2020. DC Health released an updated list of "high-risk" states on Monday, August 10, 2020. This list should be used until Monday, August 24, 2020, when an updated list will be published. The Mayor classified a "high-risk area" as a location with a seven-day moving average of daily new COVID-19 cases of 10 or more per 100,000 people.

Florida:

(Palm Beach County): County Administrator Baker released Emergency Order Number 17, which adopts state executive orders by reference and enforces county emergency orders. Any establishment that operates in a manner in violation of any of the Palm Beach County or state order may be ordered to close immediately. An establishment may reopen only after:

• A minimum of a 24-hour period where the establishment shall take all necessary measures to bring the establishment into compliance with the emergency orders;
• Submitting a fully executed attestation (in the form attached to the Order) that the review has been completed and the required measures have been taken; and
• Submitting to an inspection by enforcement personnel within five calendar days after reopening to confirm that the violation has been corrected

The Order supersedes and replaces any contrary provision in any prior emergency order. The order is effective as of 12:01 a.m. on August 8, 2020 and shall expire upon the expiration of the existing State of Local Emergency or subsequent action.

Georgia:

Governor Kemp signed Senate Bill 359 into law, which protects businesses from liability lawsuits relating to COVID-19. According to the bill, a “healthcare facility, healthcare provider, entity, or individual shall [generally] not be held liable for damages in an action involving a COVID-19 liability claim against such healthcare facility, healthcare provider, entity, or individual.” The term ‘entity’ is generally defined to include “any association, institution, corporation, company…political subdivision…as well as any other organization other than a healthcare facility.” However, this law does not shield businesses from liability for claims resulting from “gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.” This bill also does not apply to workers compensation claims. This measure is set to expire, or “sunset” on July 14, 2021.

Hawaii:

Governor Ige released the Eleventh Proclamation Related to the COVID-19 Emergency (“Interisland Travel Quarantine”). The Proclamation requires all persons traveling to the Islands of Kauai, Hawaii, and the Islands comprising the Counties of Maui and Kalawao to self-quarantine from the date of entry onto the island and for 14 days or the duration of the person’s presence on the island, whichever is shorter. The travel quarantine shall continue through August 31, 2020 unless terminated or continued by a subsequent proclamation.

(Honolulu County): With Governor Ige’s approval, Mayor Caldwell issued Emergency Order No. 2020-23 (“Act With Care – Do Not Gather”). The Order mandates the following:

• All individuals currently living within the city of Honolulu stay at their place of residence and leave only for essential activities, essential government functions, or to operate or visit an essential business or designated business and operation.
• All businesses with a facility in the city except essential businesses and designated businesses and operations must cease all activities within such facilities, except minimum basic operations.
• Indoor and outdoor social gatherings up of more than 10 individuals are prohibited. Physical distancing between members of different households must be maintained and face coverings must be worn for indoor and outdoor social gatherings of up to 10 individuals.
• All travel, except essential travel and essential activities, is prohibited.
• Face coverings must be worn by all individuals, including employees and customers of essential businesses and designated businesses and operations. Exceptions to the face-coverings requirement are made for, among others, children under the age of 5, individuals with medical conditions or disabilities whose health and safety may be risked by wearing a face covering.

The Order takes effect at 12:00 a.m. on August 8, 2020, and continues through September 4, 2020.

Mayor Caldwell also released a Fifth Supplemental Proclamation of Emergency or Disaster, which extends the state of emergency, previously set to terminate on August 31, 2020, until September 30, 2020.

Idaho:

On August 6, 2020 Governor Little reaffirmed his support of in-person schooling during the fall. Additionally, Governor Little has stated he expects any delays of in-person learning will remain short. Lastly, although Idaho will remain in Stage 4 for two more weeks, Idaho is directing funds to the safe reopening of schools, including:

• $10 million for masks, gloves, sanitizer, and plexiglass for schools.

• $48 million to assist bridging the “digital divide” to equip schools with computers, connectivity, and other resources to ensure successful remote learning.

• $21 million for COVID-19 testing for teachers and school staff.

• $3 million to increase testing lab turnaround time and capacity.

• $3 million to leverage Idaho pharmacies in testing efforts to allow quicker testing results for teachers, school staff, and families in rural Idaho.

Illinois:

On August 7, 2020, Governor Pritzker announced efforts to protect Illinois communities and frontline workers by filing emergency rules for businesses, schools, and child care establishments regarding the use of face coverings and the size of gatherings. The rules provide flexibility for local communities and a measured process to keep people safe. That process is as follows:

• First, businesses will be given a warning in the form of written notice and encouraged to voluntarily comply with public health guidance.

• Second, businesses that do not voluntarily comply will be given an order to have some or all of their patrons leave the premises as needed to comply with public health and guidance and reduce risks.

• Third, if the business continues to refuse to comply, the business can receive a class A misdemeanor and be subject to a fine ranging from $75-$2,5000.

These rules do not apply to individuals and penalties will not exceed a misdemeanor and a $75-$2,500 fine.

Additionally, the Governor signed Senate Bill 471, that will take effect immediately, to help protect workers who continue to serve on the frontlines of the pandemic. The law adds a penalty for assaulting or battering a retail worker who is conveying public health guidance. The law also increases paid disability leave for any injury that occurs after March 9, 2020 by 60 days for firefighters, law enforcement and paramedics whose recovery was hindered by COVID-19.

More specifically, eligible employees include:

• Any part-time or full-time State correctional officer or any other full or part-time employee of the Department of Corrections

• Any full or part-time employee of the Prisoner Review Board

• Any full or part-time employee of the Department of Human Services working within a penal institution or a State mental health or developmental disabilities facility operated by the Department of Human Services

• Any full-time law enforcement officer or full-time firefighter.

Iowa:

On August 7, Governor Reynolds and the Iowa Department of Education announced that $26.2 million is now available to districts, nonpublic schools, and colleges and universities primarily to increase internet connectivity for students for the 2020-21 school year. Using the Governor’s Emergency Education Relief Fund, authorized under the federal Coronavirus Aid, Relief and Economic Security Act, $19.3 million in awards will go to all 327 school districts and nonpublic schools. The remaining $6.9 million will be earmarked for public and private two- and four-year colleges and universities.

Kansas:

(Johnson County): After a meeting of the Board of County Commissioners, all businesses and organization in Johnson County are eligible to request a 90-day supply of personal protective equipment (PPE) to meet their organizational needs.

Kentucky:

On August 6, Governor Beshear extended the state’s mandate requiring face coverings for another 30 days.

Louisiana:

Governor John Bel Edwards signed an extension of his order keeping Louisiana in Phase Two and extending the emergency provisions, including the statewide mask mandate, the closure of bars to on-premises consumption, and the limitation on gatherings of more than 50 people for at least another 21 days, through Friday, August 28.

Montana:

On August 6, Governor Bullock directed up to $20 million to the Montana University system to support its fall semester COVID-19 strategy for testing students. Additionally, Governor Bullock issued a directive to allow counties the choice to conduct mail ballot election and expand early voting for the November general election. Whether or not they provide mail ballots, all counties are required to offer in person voting and to take precautions to ensure Montanans have the option to register or vote safely.

New Hampshire:

On August 7, Governor Sununu issued an executive order, extending the State of Emergency declared in Executive Order 2020-04 in full force and effect for 21 days.

New Mexico:

The New Mexico Department of Public Health updated its COVID-19 guidance and restrictions on July 30. The guidance now categorizes wineries, breweries, and distilleries with restaurants. These establishments are prohibited from providing indoor service, but are allowed to provide outdoor service where tables are six feet apart and no more than six patrons are seated at one table. Additionally, places of worship and “close-contact business”—including barbershops, hair salons, gyms, and spas—may continue to maintain indoor operations so long as they remain at 25% capacity. But close-contact recreational facilities—such as bars, movie theaters, museums, bowling alleys, and arcades—must remain closed. A “bar” is defined as “any business that generated more than half its revenue from the sale of alcohol during the preceding fiscal year.” Face coverings must continue to be worn when travelling outside of homes as well. The order is effective through August 28.

Ohio:

On August 4, Governor Mike DeWine announced that the Ohio Department of Health will issue a health order requiring that K-12 children wear face coverings while at school. The new mandate comes after the Ohio Children's Hospital Association and American Academy of Pediatrics Ohio Chapter issued a joint letter today recommending widespread use of masks in schools with the following exceptions:

• Children under the age of 2 years old

• Any child unable to remove the face covering without assistance

• A child with a significant behavioral/psychological issue undergoing treatment that is exacerbated specifically by the use of a facial covering (e.g. severe anxiety or a tactile aversion)

• A child living with severe autism or with extreme developmental delay who may become agitated or anxious wearing a mask

• A child with a facial deformity that causes airway obstruction

Oregon:

On August 6, Governor Brown announced that Lake County has succeeded in reducing the spread of COVID-19 sufficiently enough to be removed from the County Watch List. The complete County Watch List now includes the following nine counties: Baker, Hood River, Jefferson, Malheur, Marion, Morrow, Multnomah, Umatilla, and Wasco.

Texas:

On August 8, 2020, Governor Greg Abbott extended his Disaster Declaration for all Texas counties in response to COVID-19. The Disaster Declaration, originally issued on March 13 and renewed on April 12, May 13, June 11, and July 10, provides the state with resources to respond to the COVID-19 pandemic. (According to Section 418.014 of the Texas Government Code, a state of disaster may not continue for more than 30 days unless renewed by the Governor).

Vermont:

On August 7, Governor Scott announced a new grant program to help mitigate operational expenses and losses for child care providers impacted by the COVID-19 pandemic. The Operational Relief Grant (ORG) program includes $12 million in federal Coronavirus Relief Funding to help child care programs offset pandemic-related expenses and losses. Grant applications are open now through August 26 and award notices are anticipated by September 11. Eligible applicants include child care and afterschool programs, summer day camps, parent child centers and agencies that serve as fiscal agents for local Children’s Integrated Services.

Virginia:

On August 7, 2020, the Virginia Supreme Court approved Governor Northam’s temporary statewide moratorium on eviction proceedings from August 10, 2020 to September 7, 2020. This moratorium will halt all eviction proceedings related to failure to pay rent. The moratorium is the second step Governor Northam has made to help individuals facing evictions. The first step was the Virginia Rent and Mortgage Relief Program, which was launched in June. For more information on tenant’s rights, click here.

Washington:

On August 6, Governor Inslee announced guidance that allows long-term care facilities to offer visitation and other activities. Many long-term care facilities were forced to curtail social activities for residents and visitors earlier this year due to COVID-19. However, the announcement does not constitute an immediate reopening of all long-term care facilities. The plan goes into effect August 12, and even after it becomes effective, individual facilities must meet additional parameters before re-opening.

West Virginia:

On August 7, Governor Justice issued Executive Order No. 59-20. This Order gives the West Virginia Department of Education the flexibility to maintain currently anticipated pay schedules and periods for teachers and school service personnel.

On August 7, Governor Justice announced that the interactive map featuring the 1,000 potential free WIFI access points is now live on the West Virginia Department of Education’s Website. This is a part of the Governor’s new Kids Connect initiative.

August 6, 2020

California:

The California Department of Public Health released new guidance for schools and districts for the 2020-21 school year. The guidance addresses: communication protocols with public health officials to monitor infections in the area; creating and maintaining worksite-specific COVID-19 prevention plans; the promotion of hygiene practices amongst faculty, staff, and students; and face-covering requirements.

Florida:

Governor DeSantis issued Executive Oder No. 20-192, which amends Section 3 C. of Executive Order 20-68 (which required the Department of Business and Professional regulation to ensure restaurants implemented employee screening and prohibit entry of employees who met certain criteria), to state the Department will ensure restaurants will implement screening protocols pursuant to CDC guidance.

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency, which extends the state of emergency in Palm Beach County through August 14, 2020.

(Miami Dade County): Mayor Gimenez released an Executive Order Extending Declaration of Local State of Emergency, which extends the state of local emergency for an additional 7 days commencing on August 6, 2020. Mayor Gimenez also amended Emergency Order 21-20, to allow dogs to be off-leash at dog parks effective August 6, 2020, and Emergency Order 26-20, which authorizes hotels, motels, or other commercial lodging establishments to permit in-person dining in their restaurants, and to exceed social distancing requirements to provide temporary shelter for emergency purposes arising from a tropical story or hurricane, if a warning has been issued or a state of emergency has been declared due to the tropical storm or hurricane. Emergency Order 26-20 also exempts rentals operating within condo-hotel buildings from the 30 day minimum stay for other short term rentals.

Hawaii:

Governor Ige announced that the inter-island travel quarantine is going to be reinstated, in part, on Tuesday August 11, 2020. Governor Ige also announced his approval of Honolulu Mayor Caldwell’s “Act with Care – Do Not Gather Order,” which will take effect on August 8, 2020 at 12:00 am and will continue through 12:00 am on September 4.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Puerto Rico effective Friday, August 7 at 12:01 a.m. Puerto Rico will join 22 states included under the Order which requires individuals arriving to Chicago to quarantine for 14-days.

Additionally, Mayor Lightfoot and the Department of Business Affairs and Consumer Protection (BACP) announced a Request for Proposals (RFP) for Regional Business Centers (RBC) to support local small businesses, particularly entrepreneurs of color. Five neighborhood organizations will be chosen to serve as licensing and resource hubs for small business owners. The RFP period is now open and information can be found here. Applications will be accepted from eligible organizations through August 31, 2020, and the five selected RBCs will be identified by early September.

New Mexico:

Governor Grisham signed two new executive orders in the past week. On July 30, the Governor signed an order extending the effective date of several previous orders to August 28, 2020. The orders: continue the declaration of a public health emergency; direct the closing of public schools; instruct the Motor Vehicle Division and the Department of Revenue to waive all late fees under the Motor Vehicle Code; and commute the sentences of qualified incarcerated persons and directing their release. In addition, the Governor signed Executive Order 2020-056 on August 6, 2020, which requires persons travelling in New Mexico from out of state or those who left the State for vacation to self-quarantine or isolate for 14 days once entering the State unless otherwise excepted.

North Carolina:

Governor Roy Cooper signed Executive Order No. 155, which extends Phase 2 COVID measures for another five weeks. Governor Cooper announced that this extension of the Safer At Home: Phase 2 is necessary as students and staff return to schools, colleges, and universities.

Oklahoma:

Governor Stitt announced the CARES Act Model to Deploy approximately $250 million in CARES Act Coronavirus Relief Funds to Oklahoma cities and counties based on their population.

Oregon:

On August 5th, Governor Brown announced that Oregon, Washington, Colorado, and Nevada will work together to identify best practices that support telehealth services for their residents. These states will have individual state-driven approaches to implementing telehealth policies but will be guided by shared overarching principles in a coordinated effort.

Texas:

(Dallas County): On August 4, 2020, Dallas County Judge Clay issued Supplemental Order on Requirements for Food Processing Plants After Expiration of Stay Home, Stay Safe. The Order is effective as of 11:59 p.m. on August 4, 2020. All food manufacturing and processing plants, including meat and poultry processing facilities, fruit and vegetable plants, dairy plants, and other food and beverage plants must adhere to OSHA and CDC guidelines, and must follow the Rules for Food Preparation and Processing Plants set forth by the Order.

Key provisions include:

• Food preparation and processing plants shall implement a system whereby all employees take their temperature at home and upon arriving at work are screened for associated Covid-19 symptoms.
• Food preparation and processing plants shall regularly and frequently clean and disinfect any regularly touched surfaces, such as restrooms, doorknobs, tables, and chairs;
• To the greatest extent possible,
  • All employees should wear face coverings
  • Food preparation and processing plants shall implement a system by which all employees maintain at least 6 feet separation from one another and other individuals

The Dallas County Sheriff’s Office, the Dallas County Fire Marshal’s Office, and other peace officers, are hereby authorized to enforce this Order. A violation of this Order is a misdemeanor punishable by a fine not to exceed $1,000.

On August 4, 2020, Dallas County Judge Clay issued Amended Order Regarding Long-Term Care Facilities. The Order is effective as of 11:59 p.m. on August 4, 2020. This Order applies to all Long-Term Care Facilities, including Skilled Nursing Facilities and Assisted Living Facilities, and Nursing in Dallas County, Texas.

The Order mandates that If a resident of a one of these facilities is identified with a COVID-19 diagnosis, the Facility must make several notifications and then submit proof of the completion of all notifications to Dallas County Health and Human Services within six business hours of the identification of a resident’s diagnosis of COVID-19.

The Order requires that the following parties be notified in the case of a COVID-19 diagnosis:

• All staff of the Facility,
• All residents of the Facility,
• Family members and responsible parties of all residents,
• The Dallas County Probate Courts,
• The public; by posting a notice at the main entrance of the facility and on the Facility local web page.

The Order also requires that any Facility with a resident diagnosed with COVID-19 be closed to new admissions and also close all services.

(Houston): On August 5, 2020, Mayor Sylvester Turner and Houston City Council approved a $20 million rent relief package to help Houstonians who cannot pay rent due to economic challenges caused by COVID-19.

Criteria to qualify for rental relief program:

• Must live in the City of Houston and be behind on rent payments for August or prior months and cannot pay the rent due to economic challenges caused by COVID-19
• Even if only one tenant in an apartment complex qualifies for rental assistance, the no eviction rule applies to all tenants on the property

Mayor Turner is also asking the landlords to waive late fees and interest on late payments, agree to a payment plan and refrain from evictions through Sept. 2020.

On August 5, 2020, Mayor Sylvester Turner and City Council members approved the new More Space program to help restaurants accommodate more customers while maintaining social distancing during the COVID-19 pandemic. The More Space program is effective on August 5, 2020.

The program will include the following guidelines:

• Allow each restaurant to convert up to 50% of its off-street parking to space for serving food (serving only, not food storage or preparation).
• This program would be entirely voluntary. Restaurants may opt-in but not be required to participate.
• Social distancing rules (6-foot spacing) would still apply.
• Driveway access, pedestrian access, and ADA-spaces must remain. The program will last through COVID-19 space restrictions.
• The overall program and/or individual sites will be revocable at any time if safety concerns are identified.

Restaurant owners who would like to participate must submit a Notification Form.

Vermont:

On July 30, Governor Scott issued an Executive Order to set Tuesday, September 8 as the universal start date for student instruction. The purpose of this action is to give schools additional time to prepare their systems and staff. After discussions with health experts, Governor Scott encouraged districts to work towards expanding the number of in-person instruction days, but recognized that many are beginning with a hybrid approach.

On July 30, 2020 Governor Scott announced a Hazard Pay Grant Program established in Act 136 of 2020. Employers in public safety, public health, and health care and human services whose employees worked to help mitigate or respond to COVID-19 may apply for hazard pay grant funds for their employees. Grants will be awarded through an online application process and funds will be distributed on a first-come, first-served basis until the Program’s $28 million in funding is allocated. Covered employers may request funding to provide $1,200 or $2,000 in hazard pay to each employee who meets the below eligibility requirements:

• Is employed by a covered employer that has applied for a grant through the Program
• Performs a job that had an elevated risk of exposure to COVID-19 during the period of March 13, 2020 to May 15, 2020.
• Was unable to perform his or her job remotely or to telework
• Except in the case of employees of home health agencies and nursing homes, earns an hourly base wage of $25 or less
• Worked at least 68 hours from March 13, 2020 to May 15, 2020 in order to be eligible for the $1,200 grant, and 216 hours to be eligible for the $2,000 grant.
• Is not eligible to receive monetary benefits for the performance of his or her job under any program authorized or implemented by the federal government.

Governor Scott also announced on July 30 expanded eligibility for Economic Recovery Grants for Vermont businesses negatively impacted by COVID-19. Under the original eligibility criteria, a business was required to have at least one W-2 employee who was not an owner of the business. Beginning August 3, the one W-2 employee may be an owner of the business. Businesses that originally chose not to apply, or already applied and were deemed ineligible and believe they may be eligible under these new criteria, are encouraged to contact the Department of Taxes at 802-828-6611 or the ACCD at 802-828-1200.

Washington:

On August 5th, Governor Inslee announced new recommendations from the Washington State Department of Health for resuming in-person instruction in public and private K-12 education for the upcoming 2020–21 school year.

The plan includes several different considerations for deciding whether to return to in-person learning. However, the state strongly recommends school districts move to mostly online or remote learning when county COVID-19 infection rates are high.

The framework looks at individual county data and is broken into three categories of disease transmission level: high risk, moderate risk and low risk. This is measured by the incidence of cases per 100,000 residents over a two-week period.

Also, on August 5th, Governor Inslee announced that Washington, Colorado, Oregon, and Nevada will work together to identify best practices that support telehealth services for their residents. These states will have individual state-driven approaches to implementing telehealth policies but will be guided by shared overarching principles in a coordinated effort.

West Virginia:

On August 5, Governor Justice announced the reopening plan for West Virginia schools. The plan will be used to reopen all pre-kindergarten through 12th grade schools in West Virginia.

• The target date to reopen is September 8.
• All 55 counties must submit reopening plans to the West Virginia Department of Education (WVDE) by August 14. Such plans should offer parents and guardians the choice between in-person instruction, virtual instruction, or a hybrid model.
• All counties must provide best health practices such as social distancing, face coverings, hand washing, and disinfection protocols.
• Counties must continue to provide food daily (regardless of the mode of instruction) and must continue to provide support services for students.
• The West Virginia Department of Health and Human Resources (DHHR) and state medical experts are working to develop a metric that will help indicate when it is safe open school and when community transmission rises to a level where additional actions are necessary.
• Governor Justice has committed $6 million to his Kids Connect initiative to ensure all students have access to broadband for remote learning. These access points will include parking lots of school, higher education institutes, libraries, and state parks.
• $1.6 million will also be provided to all private and Christian schools across the state to use for their reopening plans.

August 5, 2020

Alaska:

The Department of Health and Social Services has issued a new travel update which goes into effect on August 11, 2020. All non-residents traveling to Alaska are required to arrive with a negative or pending COVID PCR test result taken within 72 hours of departure. Travelers must quarantine after taking the test. The test result or proof of testing should be uploaded to the Alaska Travel Portal. If a non-resident arrives without being tested, they must pay $250 for a test and quarantine at their own expense until the results are given. This does not apply to children under 10 years of age. All Alaskan residents will be given tests free of charge and have the opportunity to test at airports.

Arkansas:

The Department of Health issued a Directive lifting limitations on community and music practices and performances, effective immediately. This Directive does not apply to intercollegiate or professional rehearsals, performances, or competitions. The Directive states:

• Participants must social distance at all times.
• Participants must be screened and be excluded if they report any of the following:
  • a fever of over 100.4 F in the last two days
  • cough, difficulty breathing, chills, muscle aches, sore throat, headache, recent loss of taste or smell, nausea, vomiting, or diarrhea
  • contact with a person known to be infected with COVID within the past 14 days
• Participants must wear masks. Children 10 years of age or younger are excluded from this requirement.
• Practice and performances including woodwind instruments, brass instruments, and choirs should be held outdoors.
• Storage rooms must only be used to store personal items.
• Participants should use their own equipment if possible.
• Participants should arrive dressed for rehearsal and bring their own water.
• Hand sanitizer should be provided for all.
• Equipment, restrooms, storage rooms, water fountains, and other high-traffic surfaces should be sanitized between each use.
• Personal contact, including high-fives, hand shakes, and fist bumps, should be avoided.
• Facilities hosting rehearsals or performances, concession stands, and spectators must follow this Directive.
• Group size should be limited to permit social distancing.
• Participations should refrain from participating if they are over 65 years of age or have underlying health conditions including high blood pressure, chronic lung disease, diabetes, severe obesity, asthma, or weakened immunity.

Connecticut:

On August 4, Governor Lamont announced that the Connecticut Department of Social Services will be providing an additional $16.4 million in Emergency Supplemental Nutrition Assistance (SNAP) benefits. The benefits will be distributed to SNAP participants on August 14 and will go to over 108,200 households not currently receiving the maximum benefits allowed for their household size.

Delaware:

On August 5, Governor Carney formally extended the State of Emergency for another 30 days. This is the fifth extension of the State of Emergency since its declaration on March 12.

Georgia:

Atlanta Mayor Bottoms announced a new grant to help small businesses and independent professionals that have been impacted by COVID-19. The program is called the Resurgence Grant Fund and is made possible by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), of which $22 million was allocated towards the grant. It offers qualified Atlanta businesses the opportunity to apply for up to $40,000 to help with pandemic-related costs, along with $10,000 of no-cost technical assistances. Pandemic-related costs constitute anything from complying with necessary safety requirements to costs associated with business interruptions as a result of required closures. No-cost technical assistance includes services such as marketing or legal resources to help businesses adapt a more socially distanced environment. Applications will be open from August 10, 2020, through August 31, 2020. The application process takes place entirely online.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Puerto Rico, effective Friday, August 7 at 12:01 a.m. Puerto Rico will join 22 states included under the Order which requires individuals arriving to Chicago to quarantine for 14-days.

Additionally, Mayor Lightfoot, the Department of Business Affairs and Consumer Protections, and the Chicago Department of Transportation announced an expansion of the Outdoor Dining Program. Effective immediately, individual establishments that serve alcohol without a Retail Food License may apply to use this program to temporarily operate on the sidewalk in front of their establishment, and all restaurants and bars may use the permit in outdoor areas that would typically require an Outdoor Patio License. Bars and restaurants can use the Expanded Outdoor Dining Permit to temporarily operate in locations that would typically require the permanent Outdoor Patio License, reducing time to receive approval by up to two months and removing additional regulatory burdens that have prevented some applicants from receiving their permits.

Kansas:

(Shawnee County): The Shawnee County Health Department issued a guide to “Preparedness and Planning for Child Care Programs” during COVID-19. The digital pamphlet provides guidance on deciding whether to reopen, as well as strategies once the decision has been made.

Maine:

On August 5, 2020, Governor Mills signed a proclamation extending Maine’s state of civil emergency through September 3, 2020.

Massachusetts:

Starting August 7, 2020, Rhode Island will be removed from the lower-risk State category contained in Governor Charles Baker’s Order No. 45, and thus, individuals traveling from Rhode Island will be required to quarantine for two weeks.

Mississippi:

Governor Reeves issued Executive Order 1516 which went into effect on August 5, 2020 until August 17, 2020. The order issues a statewide mask mandate:

• Every person must wear a mask inside any building and outside when social distancing is not possible.
• Exceptions include:
  • those with medical conditions
  • those who are hearing-impaired in a way that requires the mouth to be visible
  • those who are eating or drinking
  • those who undergoing security surveillance or screening, but only for the time necessary for such surveillance or screening
  • those swimming or exercising, including school athletic practices and weight training
  • those giving a speech, presentation, or performance for an audience or broadcast
  • those engaged in religious worship
  • those under the age of six
  • settings where it is impractical to wear masks, including but not limited to rendering goods or services like dental services

Governor Reeves additionally issued Executive Order 1517 which delays the start of school for grades seven through twelve until Monday, August 17, 2020 for the following counties: Bolivar, Coahoma, Forrest, George, Hinds, Panola, Sunflower, and Washington. These counties are believed to be at higher risk for community transmission. This time period is meant to allow students to social distance and report COVID symptoms before the start of school. The order also reiterates the same mask requirements set out in Executive Order 1516.

South Carolina:

(City of Columbia): The City of Columbia passed an emergency ordinance to extend the city’s mask mandate to October 4, 2020. The ordinance requires that masks be worn in public within the City of Columbia.

Texas:

On August 5, 2020, Governor Greg Abbott and the Texas Health and Human Services Commission (HHSC) announced that the federal government has further extended the deadline to apply for the CARES Act Provider Relief Fund. The deadline has now been extended to Aug. 28, 2020 for Medicaid and CHIP providers as the state responds to the COVID-19 pandemic. In addition, starting August 10, 2020, Medicare providers can apply for additional funding from the $20 billion portion of the $50 billion Phase 1 Medicare General Distribution. Governor Abbott and HHSC previously announced an extended deadline for this funding to August 3rd.

(Dallas County): On August 4, 2020, Dallas County Judge Clay Jenkins issued a Supplemental Order on Businesses and Face Coverings After Expiration of Stay Home, Stay Safe. The Order is effective as of 11:59 p.m. on August 4, 2020, unless modified, amended, or rescinded, and it extends the previous Supplemental Order Continuing Requirements After Expiration of Stay Home, Stay Safe issued on June 19, 2020. The Order requires all commercial businesses in Dallas County “to develop, post, and implement a health and safety policy.” The policy must at least require all employees and customers to wear face coverings while inside the businesses premises or other facilities. The health and safety policy must be posted in a conspicuous location to put all employees and customers on notice.

The Order also requires all members of the general public, aged 10 and older, to wear face coverings when in commercial businesses or when working in a commercial business in close proximity to others.

The Order provides six exceptions. Face coverings are not required:

• When exercising outside or engaging in physical activity outside;
• While driving alone or with passengers who are part of the same household as the driver;
• When doing so poses a greater mental or physical health, safety, or security risk;
• While pumping gas or operating outdoor equipment;
• While in a building or activity that requires security surveillance or screening, for example, banks; or
• When consuming food or drink.

Consistent with Governor Abbott’s Executive Order GA-29, local law enforcement and other local officials can enforce this order. Following a verbal or written warning for a first-time violator, a person’s second violation, shall be punishable by a fine not to exceed $250. Each subsequent violation shall be punishable by a fine not to exceed $250 per violation.

On August 4, 2020, Dallas County Judge Clay Jenkins issued a Supplemental Order on Continuing Requirements After Expiration of Stay Home, Stay Safe. The Order is effective as of 11:59 p.m. on August 4, 2020, unless modified, amended, or rescinded.

The Order states:

• All Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Recovery Payments to individuals shall be exempt from “garnishment” as that term is described in Chapter 63 of the Texas Civil Practice and Remedies Code, except for garnishment for child support payments. All CARE Act Payments shall remain exempt from garnishment when deposited into an account in a financial institution.
• All public, private, and commercial laboratories operating within Dallas County and performing COVID-19 testing shall report by 5:00 p.m. each day for the prior 24-hour period: the number of COVID-19 tests performed; and the number of positive COVID-19 tests.
• Employers, excluding hospitals and healthcare providers, shall not implement any rules making a negative COVID-19 test or a note from a healthcare provider a requirement before a COVID-19 recovered employee can return to work.
• No person shall sell any of the following goods or services for more than the regular retail price the person charged for the goods or services on March 16, 2020, except where an increased retail price is the result of increased supplier or other costs (including the loss of supplier supporting funds):
  • groceries, beverages, toilet articles, and ice;
  • restaurant, cafeteria, and boarding-house meals;
  • medicine, pharmaceutical and medical equipment, and supplies.
• All delivery hour restrictions are suspended for transport to or from any entity involved in the selling or distribution of food products, medicine, or medical supplies in Dallas County for the next 60 days.
• If someone in a household has tested positive for coronavirus, the household is ordered to isolate at home.
• Nursing homes, retirement, and long-term care facilities are instructed by this Order to prohibit non-essential visitors from accessing their facilities unless to provide critical assistance or for end-of-life visitation.
• Public and private schools and institutions of higher education are instructed by this Order to provide a safety plan to Dallas County Office of Homeland Security and Emergency Management 72 hours before students return to a classroom setting.
• Employees of private businesses and nonprofits with six (6) or more employees in the City of Dallas can use their paid sick leave when they are sick or to care for sick family members.

The Dallas County Sheriff’s Office, the Dallas County Fire Marshal’s Office, and other peace officers, are hereby authorized to enforce this Order. A violation of this order may be punishable through criminal or civil enforcement. A violation of this Order is a misdemeanor punishable by a fine not to exceed $1,000.

Virginia:

On August 5, 2020, Governor Northam announced the launch of COVIDWISE, an app notifying users if they have been in close contact with someone who has tested positive for COVID-19.

• Individuals must opt-in by downloading the free app.
• The app does not use personal information or location data.
• The app does generate and share Bluetooth keys and anonymously share these keys with nearby devices that also have the app if the individuals are in close proximity for at least 15 minutes.
• Users can anonymously report a positive COVID test
• COVIDWISE may notify any app user that came into contact with the COVID positive individual, taking into account date of exposure, duration of exposure, and proximity to the individual (by using Bluetooth signal strength).

Washington:

On August 4, Governor Inslee announced the extension of two proclamations, to September 1st, in response to the continuing COVID-19 pandemic. The extended proclamations are:

• 20-49.7: Protects CARES Act stimulus payments, as well as state and federal unemployment payments, from bank account garnishments for consumer debt.
• 20-59.3: Extends the previous waiver/suspension of legal requirements that allows recent dental, dental hygiene and pharmacy graduates to obtain their temporary licenses and begin working if certain conditions are met. It has been amended from the July 31 extension to include denturists to the list of professional graduates who may obtain their temporary licenses.

August 4, 2020

Colorado:

The Colorado Department of Public Health and Environment issued its Ninth Amended Public Health Order 20-28 on July 30. The order incorporates and extends the previous safer-at-home limitations on social and business activity, while also adopting Governor Polis’ recently adopted face-covering requirements and limitations on the sale of alcohol after 10:00 p.m. The order expires on August 20, 2020.

(Colorado Springs): El Paso County announced a temporary suspension of variances for indoor spaces. These spaces, except for places of worship, will be limited to groups of no more than 100 people starting August 3. This suspension was put into effect because of the rise in COVID-19 cases and will last until August 17, 2020.

Connecticut:

As of August 4, Connecticut’s travel advisory has been updated. Anyone travelling from the states listed must self-quarantine for 14 days and complete a form upon returning. Failure to comply with the order may result in a $1,000 penalty.

• Rhode Island was added, making it the only state in New England on the list.
• Delaware and Washington D.C. were removed from the list.

On August 3, the Connecticut Department of Public Health (DPH) and State Department of Education (SDE) released a framework and key metrics to guide school districts in their decisions about remote vs. in-person learning for the fall.

Delaware:

On August 3, Governor Carney and the Delaware Division of Public Health (DPH) announced that Delaware schools may open under a hybrid scenario next month. This consists of:

• a mix of in-person and remote instruction;
• significant safety precautions to limit transmission of COVID-19;
• guidance on social distancing in schools, mask wearing, and transportation concerns; and
• free COVID-19 testing for educators and staff before the school year begins and throughout the year, and community testing sites geared toward students in the weeks before schools open.

Hawaii:

(Honolulu County): Mayor Caldwell released Emergency Order No. 2020-22 (“Amended and Restated Restore Honolulu 5.0”), which replaces Emergency Order No. 2020-21. The amended order prohibits indoor or outdoor gatherings of more than 10 individuals. The Order will remain in effect until August 31, 2020 at 3:30 PM or until repealed or amended by subsequent order.

Mississippi:

Governor Reeves announced on August 4, 2020 that he will be issuing two new Executive Orders. While the text of the Orders is not yet available, Governor Reeves outlined what will be included:

• The wearing of masks will be mandatory in retail settings statewide.
• All teachers and students will be required to wear masks while conducting in-person school unless they obtain a medical exemption.
• In-person school for grades 7-12 in Bolivar, Coahoma, Forrest, George, Hinds, Panola, Sunflower, and Washington counties will be delayed.
• School return plans will be left up to the individual school districts.

Nevada:

Governor Steve Sisolak and State COVID-19 Response Director, Caleb Cage, rolled out Nevada’s new long-term mitigation plan. Governor Sisolak said the plan will still be “state managed” but “locally executed.” In summary, the nine-page plan provides that:

• Each week, the state will update the Elevated Disease Transmission Criteria for each county, which includes testing, case rates, and positivity rates.
• High risk counties will need to create and implement an action plan targeting sources of infection and community spread.

Governor Sisolak added that until the action plans are finalized, the current restrictions on bars and taverns in certain counties will remain in place.

New Jersey:

Governor Phil Murphy signed Executive Order No. 173 which rescinded Paragraph 1 of Executive Order No. 156 and limits indoor gatherings to 25% capacity of the room in which the event takes place. Regardless of the room’s capacity, the limit shall never be larger than 25 persons or smaller than 10 persons. Governor Phil Murphy also expanded New Jersey’s quarantine advisory to individuals traveling to the state from Rhode Island.

New York:

Governor Andrew Cuomo expanded New York’s quarantine advisory to individuals traveling to the state from Rhode Island.

North Dakota:

On August 3rd, the North Dakota Emergency Commission allocated federal funding to support the state’s COVID-19 response and recovery efforts, directing nearly $320 million to cities and counties, public health services, unemployment insurance, and other programs.

Rhode Island:

The Governor of Rhode Island issued the following Executive Orders:

Executive Order 20-57: This order is in effect from July 31st to August 28th and extends Executive Order 20-51 (Forty-Sixth Supplemental Emergency Declaration - Support for Young Adults Aging Out of State Care).

Executive Order 20-58: This Executive Order supersedes Executive Order 20-50 and is effective July 29th through August 28th.

Travel Guidelines

• Requires persons arriving from locations outside the continental United States to Self-quarantine for 14 days upon arrival in RI.
• Further, this order requires non-business travelers from domestic destinations with a high community spread rate as designated by RIDOH at health.ri.gov/covid to self-quarantine for 14 days or until they receive a negative COVID-19 test. This portion of the order does not apply to public health, public safety, healthcare workers. Nor does it apply to anyone traveling for medical treatment, to attend funeral or memorial services, to obtain necessities such as groceries, gas or medication, to drop off or pick up children from day care or to anyone who must work on their boats.

Easing Social Gathering Limitations

• All indoor social gatherings of more than fifteen (15) people in any public or private space are prohibited. However, indoor social gatherings in a restaurant or with licensed catering on site, such as weddings, may have up to fifty (50) people, provided that restaurant rules are applied. All outdoor social gatherings of more than fifteen (15) people in any public or private space are prohibited. However, outdoor social gatherings at a restaurant or with licensed catering on site such as weddings may have up to one hundred (100) people, provided that restaurant rules are applied. The Department of Business Regulation may grant exceptions to booked outdoor weddings at a restaurant or with licensed catering on site with more than 100 people.

Easing Limits on:

• Venues of Assembly
  • Subject to strict adherence to social distancing, masking, screening and sanitation protocols, and Phase III guidelines indoor venues of assembly may operate at up to 66% of capacity or 1 person per 100 square feet, to a cap of one hundred and twenty-five (125) people, and outdoor venues of assembly may operate at up to 66% of capacity or 1 person per 100 square feet to a cap of two hundred and fifty (250) people.
  • Consistent with the foregoing restrictions on places of assembly, religious and faith based organizations may conduct indoor in-person activities up to 66% percent of worship space capacity, subject to a cap of one hundred and twenty-five (125) people and to the Phase III guidelines for religious and faith-based organizations which are available at https://ReopeningRI.com. Outdoor religious services may operate at 66% of capacity to a cap of two hundred and fifty (250) people, with social distancing and masking in effect.
• Office-Based Businesses
  • For office-based businesses, up to 66% of workers may work on site at the same time if they physically distance and follow all applicable regulations. For any workplace where more than 66% of employees have been working on site during Phase II, the employer is not required to reduce the number of staff on site.
• Retail Businesses
  • All retail businesses may now allow up to one customer per 100 square feet of store area open to customers generally. Retail businesses must follow all state regulations as outlined in the order.
• Restaurants and Bars
  • Restaurants and bars may only operate if they follow the Phase III requirements, found here.
  • The rule that a Class B licensee may only sell alcohol for consumption on the premises shall continue to be suspended. Class B licensees are permitted to sell, with take-out food orders, up to 2 bottles of wine, 144 ounces of beer or mixed beverages in original factory sealed containers, and 144 ounces of draft beer or 72 ounces of mixed beverages containing not more than 9 ounces of distilled spirits in sealed containers to prevent re-opening without obvious evidence that the seal was broken/removed.
  • Indoor dining capacity is limited to 66% of an establishment’s regular seating capacity, service to standing customers is prohibited, and individual tables may seat up to eight persons.
  • Bars may remain open for seated service only. Violations of Phase II guidelines may subject a bar to immediate closure.
• Recreational/Entertainment Businesses and Historical/Cultural Establishments
  • These establishes may conduct indoor and outdoor operations subject to a capacity limit of up to 66% or 1 person per 100 square feet, according to Phase III guidelines.
  • Nightclubs must remain closed.
• Personal Services Business
  • These establishments may open subject to Phase III guidelines and may allow up to one customer per 100 square feet.
• Gyms
  • Outdoor group fitness activities are limited to one person per 100 square feet.
  • Indoor operations may be continued in compliance with Phase III guidelines, and open gym settings, capacity is limited to one person per 100 square feet. All equipment must be thoroughly cleaned between users.
• State Parks and Beaches
  • May remain open subject to Phase III restrictions.
• Child-Care Services
  • Shall continue in small stable groups pursuant to emergency regulations.
• Summer Camps
  • Shall open pursuant to RIDOH regulations.
• Elective Medical Procedures
  • May continue pursuant to plans submitted by providers and approved by RIDOH.
• The Task Force created by Executive Order 20-32 shall continue to educate and inspect businesses and enforce RIDOH regulations.

Executive Order 20-59: Effective August 3rd through September 2nd this order extends the following executive orders:

• Executive Order 20-02 (Declaration of Disaster Emergency).
• Executive Order 20-06 (Fourth Supplemental Emergency Declaration - Expanding Access to Telemedicine Services).
• Executive Order 20-16 (Thirteenth Supplemental Emergency Declaration -Authorizing Waiver and Medicaid State Plan Amendments and Adjustments to Essential Provider Rates).
• Executive Order 20-17 (Fourteenth Supplemental Emergency Declaration - Testing, Critical Supplies and Hospital Capacity Reporting).
• Executive Order 20-19 (Sixteenth Supplemental Emergency Declaration - Increasing Access to Unemployment Insurance).
• Executive Order 20-20 (Seventeenth Supplemental Emergency Declaration - Further Quarantine Order).
• Executive Order 20-33 (Thirtieth Supplemental Emergency Declaration - Hospital and Community-Based Health Care).

Executive Order 20-60: Effective August 3rd through September 2nd this order supersedes Executive Order 20-41, and further extends the State’s mask mandate.

South Carolina:

The Governor issued Executive Order 2020-50 on August 2, 2020. This order is effective immediately and remains in effect throughout the duration of the State of Emergency. Additionally, this order supersedes, rescinds, and replaces the following Executive Orders:

• 2020-09 (Closing Schools, Other Provisions in Response to COVID-19)
• 2020-10 (Directing Additional Emergency Measures Due to COVID-19)
• 2020-11 (Additional Emergency Measures & Regulatory Relief Regarding COVID-19)
• 2020-12 (Regulatory Flexibility to Facilitate “Social Distancing”)
• 2020-13 (Authorizing Law Enforcement to Preserve Public Health)
• 2020-16 (Emergency Access Restrictions for Public Beaches & Waters Due to COVID-19 Pandemic)
• 2020-18 (Closure of Additional Non-Essential Businesses)
• 2020-21 (Home or Work Order)
• 2020-22 (Authorization for COVID-19 Support Payments by Employers)
• 2020-25 (Modification of Emergency Restrictions for Public Waters & Emergency Measures for Unemployment Claims & Benefits)
• 2020-28 (Modification of Restrictions for Public Beaches & Waters & Incremental Modification of Non-Essential Business Closures)
• 2020-30 (Rescinding Self-Quarantine, Lodging, & Travel Restrictions for Individuals Entering S.C. from High-Risk Areas)
• 2020-31 (Modification of Home or Work Order & Authorization of Outdoor Dining Services)
• 2020-33 (Rescheduling Elections Postponed by Executive Order 2020-09 & 2020-29)
• 2020-34 (Authorization of Limited Indoor Dining Services & Rescission of Boating Restrictions)
• 2020-36 (Additional Modification of Non-Essential Business Closures
• 2020-37 (Additional Incremental Modification of Non-Essential Business Closures)
• 2020-45: (Prohibiting alcohol sales between 11:00 PM and 10:00 AM)

The above orders are replaced by the following provisions:

• Section 2: Effective August 3rd at 5:00 pm face coverings are required in all state government offices, buildings, and facilities. The following individuals are excluded from the face covering mandate: Children under two years old; persons communicating with the hearing impaired; persons with physical, mental, or behavioral health conditions or disabilities; persons who are actively eating/drinking or obtaining a service that requires access to the face; persons engaging in strenuous exercise; persons operating a vehicle alone; persons voting or assisting with the administration of an election; persons needing to remove covering for security screening or surveillance; incarcerated persons; and persons for whom wearing a face covering would be an occupational hazard. Buildings or structures occupied or controlled by agencies, departments, officials, or employees of the legislative or Judicial Branches are excused from this mandate and will be governed by their respective regulations.
• Section 3: All restaurants shall adhere to the following restrictions of operation:
  • All restaurants that provide indoor and outdoor dining must comply with sanitation guidelines promulgated by the CDC, DHEC, or any other state or federal public health officials.
  • Restaurants must require all employees, customers, patrons, suppliers, vendors, and other visitors to wear face coverings, subject only to Section 2’s exceptions.
  • No alcohol sales between 11:00 pm and 10:00 am the following day.
  • Occupancy is limited to fifty percent (50%) of restaurant occupancy limits.
  • Indoor and outdoor tables must be at least six (6) feet apart.
  • No more than eight (8) customers per table, unless all persons are of the same family unit or household.
  • Restaurants must adopt and enforce a process to ensure customers are able to maintain a minimum of six (6) feet of separation while waiting to be seated.
  • Customers may not stand or congregate in any bar area. Customers seated on bar stools must be six (6) feet apart.
  • Must post signage prohibiting entry to anyone with COVID-19 symptoms or anyone who has tested positive for COVID-19 within the proceeding fourteen (14) days.
  • Must implement a COVID-19 screening process, which includes a temperature reading, for all employees prior to their shift.
  • Must use approved sanitizing solutions to clean tables, chairs, and check presenters after each table turn or seating.
  • Must provide a cleaning station or alcohol-based hand sanitizer at all entry points.
  • Must discontinue self-service buffets or food stations to prevent customers and patrons from reusing service utensils; however, employees may be permitted to dispense food via cafeteria-style buffet service.
  • Must discontinue services that allow customers and patrons to fill or refill their own beverage cups.
  • Restaurants shall sanitize all doorknobs and other shared or frequently touched surfaces as much as possible between newly arriving parties with approved sanitizing solutions
  • The order recommends:
    • Restaurants immediately excuse any employees indicating symptoms of COVID-19 or who have tested positive for COVID-19 or have been in contact with someone who has tested positive for COVID-19 within the preceding fourteen (14) days
    • Restaurants encourage/ require employees who are sick, who have symptoms of COVID-19, who have tested positive for COVID-19, or been in contact with someone who has tested positive for COVID-19 to stay at home.
    • Restaurants should remove common-use condiments, such as salt, pepper, and ketchup, from tables. These items may be available on request but should be sanitized between users.
    • Restaurants place utensils only after a customer or patron is seated and, if possible, offer disposable single-use utensils.
    • Restaurants should utilize disposable paper menus, if possible, or sanitize menus after each use
    • Restaurants should only use kiosks or touch screens for customers and patrons if they can be sanitized between uses and should encourage touchless payment operations like credit cards with no signature required.
  • Restaurants are authorized and encouraged to offer food or beverages for off-premises consumption.
  • Law enforcement officials are authorized and encouraged to enforce the provisions of this Section 3.
• Section 4: Gatherings shall be limited to fifty percent (50%) of a location’s occupancy capacity or two hundred and fifty (250) persons, whichever is less. All in attendance must wear face coverings, except those excused in Section 2. The sale and consumption of beer, wine, or alcohol shall be prohibited at any gathering between the hours of 11:00pm and 10:00am the following day. All organizers, operators, owners, or hosts of, or other parties responsible for, a gathering shall take reasonable steps to incorporate and applicable sanitation, “social distancing,” and hygiene guidelines promulgated by the CDC, DHEC, or any other state or Federal public health officials.
  • Anyone wishing to obtain clarification on the applicability of this order to a particular gathering, or request and exception, may submit a form available at www.sccommerce.com, or submit questions to the Department of Commerce by email at [email protected] or by telephone at 803-734-2873.
• Section 5: No licensed premises may sell beer, wine, or alcoholic liquor for on-premise consumption between 11:00pm and 10:00am.
• Section 7: Authorizes DHEC to suspend certain hospital regulations in order to effectively respond to the current State of Emergency.
• Section 8: Reinstates the provisions of Executive Order 2020-12 allowing curbside and delivery sales of alcohol in a closed container.
• Section 9: Prohibits non-essential employees of the State of Carolina from reporting to work physically or in-person.
• Section 10: Mirrors the language of Executive Order 2020-28 granting municipalities, agencies, etc. authority to make public beach regulations and closures.
• Section 11: Mirrors the language of Executive Order 2020-25 extending emergency measures for unemployment claims and benefits.
• Section 12: Resembles the language of Executive Order 2020-22 and further authorizes COVID-19 Support Payments by employers for the duration of the State of Emergency.

Texas:

(Houston): Houston Mayor Sylvester Turner announced that he has directed the Houston Police Department to issue warnings and citations to anyone not wearing a face mask or face covering required by the state's mandatory mask order. Police will not ticket those who are not wearing a mask if they meet the exemption criteria. The citation carries a $250 fine.

Virginia:

On August 4, Governor Northam announced an interstate compact with Louisiana, Maryland, Massachusetts, Michigan, and Ohio to each spend $500,000 to purchase FDA approved rapid antigen tests, which can give COVID-19 test results within 20 minutes. The states are hoping that by joining together private manufacturers will scale up production of the antigen tests. This bipartisan coalition will combine state’s purchasing power to get rapid testing supplies to COVID-19 hotspot communities as quickly as possible.

Washington:

On August 3rd, Governor Inslee announced updates for Phase 2 and Phase 3 regarding fitness guidance. The new requirements are effective August 10, 2020.

Updates include:

• Clarification on when facial coverings are required in indoor fitness facilities,
• Changes to calculation of occupancy limits for large facilities, and

Allowance for fitness and sports training other than group fitness classes.

West Virginia:

On August 3, Governor Justice announced that the Department of Health and Human Resources (DHHR) will work with Thomas Health, the parent company of Saint Francis Hospital, to immediately become a COVID-19 surge hospital.

On August 3, Governor Justice announced he has directed the DHHR and West Virginia National Guard to monitor rising cases at Beckley ARH Hospital and Logan Regional Medical Center and to assist as needed.

On August 3, the West Virginia Department of Transportation announced their plan to improve access to medical facilities across the state Medical Access Road Projects (MARP). This is part of the $50 million of West Virginia's federal CARES Act funding that Governor Justice has set toward road projects.

September 23, 2020

Florida:

(Miami-Dade County): Mayor Gimenez issued Amendment No. 2 to Emergency Order 28-20 which, effective September 24, 2020 updates the applicable version of the “Moving To A New Normal Handbook.” Mayor Gimenez also issued an Executive Order extending the state of local emergency for an additional 7-day period, beginning on September 24, 2020, and issued an affidavit explaining the extension. Additional affidavits will follow every 15 days as necessary.

Iowa:

On September 23, Governor Reynolds announced that 65 applicants have been awarded up to $100,000 under the Coronavirus Relief Fund Employer Innovation Fund Grant, totaling to more than $4.3 million in awards. The grant funds will assist local employers, nonprofits, high schools, and colleges in providing postsecondary training and education to Iowans whose employment has been impacted by the Coronavirus pandemic.

Kentucky:

On September 22, Governor Beshear announced that Kentucky has been approved by the Federal Emergency Management Agency (FEMA) for an additional three weeks of LWA payments. Eligible Kentuckians will receive $400 for the weeks of Aug. 22, Aug. 29, and Sept. 5 for each week a claimant meets the criteria.

Eligibility criteria:

• Individuals who qualify for a weekly benefit of at least $100 per week in unemployment compensation for each week covered by FEMA’s LWA
• Individuals who have self-certified that their employment has been impacted by the COVID-19 pandemic

Payments will be automatically processed for claimants who meet the weekly benefit criteria and have already provided a self-certification. Claimants meeting the weekly benefit requirement who have not yet self-certified will be given an opportunity to provide the required self-certification, and those claimants will receive the benefit so long as FEMA funding remains.

New Jersey:

Governor Murphy advised individuals traveling to New Jersey from states or territories with significant community spread of COVID-19 to quarantine for a 14-day period from the time of last contact within the identified state or territory. The updated advisory includes five additional states — Arizona, Minnesota, Nevada, Rhode Island, and Wyoming — bringing the total to 35 states and territories. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

There are currently 35 states and territories that meet the criteria stated above: Alabama; Alaska; Arkansas; Arizona; Delaware; Florida; Georgia; Guam; Iowa; Idaho; Indiana; Illinois; Kansas; Kentucky; Louisiana; Minnesota; Missouri; Mississippi; Montana; North Carolina; North Dakota; Nebraska; Nevada; Oklahoma; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; Wisconsin; West Virginia; and Wyoming.

New York:

Governor Cuomo announced that five states—Arizona, Minnesota, Nevada, Rhode Island, and Wyoming—have been added to New York State's COVID-19 travel advisory. No areas have been removed. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

There are currently 35 states and territories that meet the criteria stated above: Alabama; Alaska; Arkansas; Arizona; Delaware; Florida; Georgia; Guam; Iowa; Idaho; Indiana; Illinois; Kansas; Kentucky; Louisiana; Minnesota; Missouri; Mississippi; Montana; North Carolina; North Dakota; Nebraska; Nevada; Oklahoma; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; Wisconsin; West Virginia; and Wyoming.

North Carolina:

On September 22, Governor Cooper announced that some North Carolina small businesses that have experienced extraordinary disruption to their operations due to COVID-19 may benefit from a $40 million relief program to help offset fixed costs like rent, mortgage interests and utility bills.

The N.C. Mortgage, Utility and Rent Relief (MURR), administered by the North Carolina Department of Commerce, can provide up to $20,000 in relief funds per qualifying business location. Business applicants from certain industry sectors that have not been able to operate during the COVID period may apply for up to two of their business locations.

Applicants can apply for up to four months of mortgage interest or rent expenses, and utility expenses. The help offers relief for some of the fixed costs a business cannot easily control on its own. Applications to the program should open next week and will be handled on a first-come, first-served basis. Applicants must certify that: (1) they were closed during the period April 1 through July 31, 2020; (2) they expect to be able to operate after the COVID crisis has passed; and (3) they have not been reimbursed by any other federal source for the expenses for which they seek reimbursement through this program.

Business leaders can learn about the MURR program by registering for one of the free educational webinars offered by the Department of Commerce over the next two weeks.

Eligible applicants include:

• Amusement parks
• Banquet Halls (with catering staff)
• Bars, taverns, night clubs, cocktail lounges
• Bingo parlors
• Bowling alleys/centers
• Dance halls
• Indoor fitness and recreation centers
• Motion picture/movie theaters (except drive-ins)
• Museums

Furthermore, Governor Cooper and NC DHHS Secretary Dr. Cohen announced that effective October 2, large outdoor venues would be permitted to open at 7% capacity with key safety precautions in place. Large entertainment venues are those that can seat over 10,000. The announcement was made in advance so these locations could begin putting safety measures in place in order to operate.

State and public health officials also added they will continue watching the key COVID-19 trends over the next week to determine if any further restrictions can be eased when the current Executive Order expires October 2 at 5 pm. Governor Cooper stated, “In [the order], we hope to ease some other restrictions, while still keeping safety protocols like masks, social distancing, and mass gathering limits in place.”

Oregon:

On September 23, Governor Brown issued a statement about Oregon’s September revenue forecast, praising Oregon workers and business owners for their resiliency during the COVID-19 pandemic, while cautioning that some communities have been disproportionately affected by the COVID-19 pandemic. Governor Brown stated that despite positive revenue projections, the forecast doesn’t balance the upcoming budget due to myriad expenses stemming from the COVID-19 response efforts that will become more burdensome once CARES Act funding expires at the end of the year.

Utah:

On September 19, 2020, Governor Herbert issued an Executive Order that again placed Utah under a state of emergency. Under the new State of Emergency, the governor will only take certain executive actions, such as suspending statutes, if asked to do so by the Public Health and Economic Emergency Commission. For more information on this policy, see the governor’s letter to legislative leadership.

Virginia:

On September 21, 2020, Governor Northam announced that Rebuild VA, the $70 million economic recovery fund launched in August, is expanding its eligibility criteria to allow more small businesses to apply. Businesses that received funding from the CARES Act and supply chain partners of businesses whose normal operations were impacted by the COVID-19 pandemic are now eligible to receive grants of up to $10,000. Businesses that have received federal funds must certify that they will only use the Rebuild VA grant for recurring expenses and that the grant will not be used to cover the same expenses as the other CARES Act funds. Eligible businesses and nonprofits must demonstrate that their normal operations were limited by Governor Northam’s Executive Orders Fifty-Three or Fifty-Five, or that they were directly impacted by the closure of such businesses. Businesses must also certify that they have not received grant or loan dollars from federal, state, or local CARES Act funded programs, or if they have received CARES Act funding, that they will use the Rebuild VA grant only for recurring expenses.

Rebuild VA still requires that businesses and nonprofit organizations must be in good standing, have annual gross revenues of no more than $1.5 million, and have no more than 25 employees. Rebuild VA funding may be utilized for the following eligible expenses:

• Payroll support, including paid sick, medical, or family leave, and costs related to the continuation of group health care benefits during those periods of leave;
• Employee salaries;
• Mortgage payments, rent, and utilities;
• Principal and interest payments for any business loans from national or state-chartered banking, savings and loan institutions, or credit unions, that were incurred before or during the emergency;
• Eligible personal protective equipment, cleaning and disinfecting materials, or other working capital needed to address the COVID-19 response.

September 22, 2020

Colorado:

Governor Polis recently amended the State’s safer-at-home order and extended his order permitting the resumption of elective surgeries. The Colorado Department of Public Health and Environment (“CDPHE”) also issued amended public health orders in response to the Governor’s actions.

Executive Order D 2020 199 modified the safer-at-home order to allow CDPHE to authorize the sale of alcoholic beverages for on-premises consumption at restaurants and certain bars until to 2:00 a.m. MDT. CDPHE’s Amended Public Health Order 20-35, however, stopped well short of allowing the sale of beverages until 2:00 a.m. Instead, the order staggers the cut-off point for alcohol sales depending upon the restaurant’s county of residence’s status in the State’s “Dial Framework.” So, restaurants located in counties in the Dial Framework’s Safer at Home Level 1 category may sell alcohol until 12:00 a.m., while restaurants in those counties in the Safer at Home Level 2 and Level 3 categories may sell alcohol until 11:00 p.m. and 10:00 p.m., respectively. The order remains in effect until October 19, 2020.

Executive Order D 2020 198 extended without modification the Governor’s prior order allowing elective or voluntary medical procedures and surgeries to October 19, 2020. Likewise, CDPHE issued an Amended Public Health Order 20-29 to extend its prior order authorizing elective or voluntary medical procedures to October 19, 2020.

Florida:

(Palm Beach County): On September 21, County Administrator Verdenia Baker extended Executive Order 2020-012, requiring the wearing of face coverings in business establishments and public spaces, through 12:01 a.m. on October 22, 2020.

Hawaii:

(Hawaii County): On September 16, Mayor Kim extended, with Governor Ige’s approval, Emergency Rule No. 11 through September 30, 2020, effective immediately.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Wisconsin, Puerto Rico, Montana, Idaho, and Minnesota effective Friday, September 25 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. Wisconsin, Puerto Rico, and Idaho will rejoin the list having previously been included and removed. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents.

Maryland:

On September 18, Governor Hogan ordered further relaxation of COVID-19 related restrictions, effective immediately. Under the order, outdoor public spaces such as parks and beaches can open after consultation with the county health officer and subject to required compliance with CDC health directives. Religious facilities and retail establishments and restaurants are allowed to open at 75% capacity. Manufacturing businesses and facilities, outdoor recreation facilities (such as golf courses) may open. Personal services establishments (such as beauty salons), indoor recreation facilities (such as bowling alleys and skating rinks), gaming facilities (such as casinos) and fitness centers may open at 50% capacity. The order states that all senior citizen activity centers shall remain closed and continues to require that all Maryland citizens over five years old wear a mask in public areas.

Nebraska:

On September 22, Governor Ricketts held a press briefing to provide updates on Nebraska’s response to the coronavirus pandemic.

Topics of the press briefing included Governor Ricketts updating on testing measures; Tim Meyers (President of WellCare of Nebraska) updating on Medicaid health plans; Angie Ling (Incident Commander for the Nebraska Department of Health and Human Services) updating on state-sponsored, no-charge housing programs to accommodate certain individuals required to quarantine; Gina Uhing (Health Director for the Elkhorn Logan Valley Public Health Department) updating on school quarantine and isolation guidelines; and Commissioner Blomstedt updating on school systems generally.

New Mexico:

Late last week, Governor Grisham and the New Mexico Department of Public Health issued orders extending the State’s proclaimed public health emergency until October 16, 2020, and lessening restrictions on certain outdoor activities.

The amended Public Health Order authorizes the following activities:

• Youth sports conditioning and skills development, with no more than 10 individuals in any one group, in accordance with COVID-Safe Practices;
• Pick-your-own pumpkin patches that operate in accordance with COVID-Safe Practices for agri-tourism businesses;
• Swimming pools may allow 10 individuals in a pool at any one time; and
• Ice skating rinks may operate for athletic training and practice by reservation only.

The order remains in effect until October 16, 2020.

Rhode Island:

On September 18, 2020, Governor Raimondo issued Executive Order 20-77 extending Executive Order 20-37 (Thirty-Fourth Supplemental Emergency Declaration – Increasing State COVID-19 Response Capacity) until October 20, 2020.

Tennessee:

(Knox County): On September 16, 2020, the Knox County Board of Health passed an amended resolution that orders restaurants and bars that serve alcohol to close at 11:00 p.m. The resolution goes into effect on September 18, 2020 and will last for 28 days. The board also passed a resolution to limit gatherings to ensure that no more than 25 persons congregate within the same 900 square feet unless they are residing the in the same household.

• Draft of Sept. 16 Curfew Regarding the Sale or Consumption of Alcoholic Beverages in Certain Establishments [PDF]
• Draft of Sept. 16 COVID-19 Social Group Transmission Suppression Regulation [PDF]
• Aug. 5 Revised COVID-19 Suppression in Bars Regulation [PDF]
• COVID-19 Suppression in Bars Regulation [PDF]
• Knox Co. Board of Health COVID-19 Community Education Recommendation [PDF]
• Governor Lee's Tennessee Pledge
• City & County COVID-19 Phased Reopening Plan

Washington:

On September 22, Governor Inslee issued guidance for certain venues, including convention/conference centers, designated meeting spaces in hotels, events centers and other similar venues as part of Washington's Safe Start phased reopening plan. The guidance allows business meetings, professional development training and testing, and substantially similar activities to occur away from business premises and with additional attendees, as long as all requirements are met. Detailed requirements are found on the guidance document, and the associated memo.

Wisconsin:

On September 22, 2020, Governor Evers declared a new public health emergency in Executive Order #90, as well as reissued Emergency Order #1, requiring face coverings for an additional 60 days. The mask mandate is essentially identical to the Emergency order that went into effect on August, 1, 2020, and requires every individual, age five or older, to wear a face covering in an enclosed space (other than a private residence) while in the presence of others who are not members of the individual’s household. The public health emergency and mask mandate are to remain in effect until November 21, 2020.

September 21, 2020

Florida:

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency which further extends the state of emergency through September 25, 2020.

County Administrator Verdenia Baker also issued an Order which clarifies Emergency Order 24 (which implemented Step 1 of Palm Beach County’s Phase 2 reopening), and states that clubhouses, banquet halls, ballrooms, and other rental spaces may open for meetings and uses authorized in previous emergency orders, including seated meal service, subject to the requirements outlined in the Order. The Order took effect on September 19, 2020 and expires on expiration of the existing State of Local Emergency.

Illinois:

Region 7, consisting of Kankakee and Will County, rejoined most of Illinois under Phase 4 of Governor Pritzker’s Restore Illinois Plan. On September 18, Governor Pritzker filed Executive Order 2020-55 rescinding Executive Order 2020-53 which imposed additional Mitigation Measures in Region 7. Under Phase 4, meeting, social event and gathering capacity in Region 7 will now be limited to the lesser of 50 people or 50 percent of overall room capacity. Additionally, indoor service at bars and restaurants can resume. Phase 4 guidelines can be found here.

Iowa:

On September 18, Governor Reynolds signed a Proclamation of Disaster Emergency. The Proclamation extends the closure of bars in Johnson and Story Counties through September 27, 2020 at 11:59 p.m. and extends the restrictions applicable to bars in all other counties October 18, 2020 at 11:59 p.m., as originally set forth in the proclamation issued by Governor Reynolds on September 15, 2020.

Effective through October 18, 2020 at 11:59 p.m.:

• Fitness centers, casinos and gaming facilities, senior citizen centers and adult daycare facilities, salons and barbershops, medical spas, theaters and performance venues, racetracks, malls, and other establishments such as museums, zoos, libraries, among others, may all re-open, subject to social distancing and subject to Guidance issued by the Iowa Department of Public Health Guidance;
• Mass gatherings, including social, community, recreational, sporting, or religious gatherings are permitted where social distancing may be maintained;
• Nonessential and elective surgeries may be conducted, but hospitals must maintain sufficient PPE and reserve beds for COVID-19 patients;

The 30-page proclamation also implements and extends a number of other measures pertaining to the following, among others:

• Monitoring of staff for COVID-19 symptoms;
• School operations;
• Healthcare operations;
• Professional licensing relief;
• Food establishment operations;
• Legal operations such as warrants and governmental hearings;
• Veterans assistance;
• Construction.

Kansas:

On September 17, Governor Laura Kelly announced the State Finance Council (SFC) today unanimously approved a total of $290 million for the public health, essential needs and services, and business resiliency and workforce development programs previously recommended by the Executive Committee of the Strengthening People and Revitalizing Kansas (SPARK) Taskforce. Governor Kelly said, “These funds will provide child supervision for parents with school-age children to ensure they can keep working, reduce evictions, and provide tools to help slow the spread of COVID-19.”

Recognizing the constantly evolving health and economic needs created by the pandemic, the recommendations do not allocate all the funds immediately. Rather, the Office of Recovery will monitor demand for the funds from approved programs and submit additional allocations to the State Finance Council for approval. Each program requires a minimum be invested in an area of emphasis, which include COVID-19 testing, housing stability, and remote learning centers for school-age children. If those areas of emphasis do not require more funding, the remaining dollars in the reserve fund can be allocated to previous programs approved by the SFC in round 2.

Louisiana:

On September 17, Governor John Bel Edwards altered his Phase 3 order to allow the on premises sale and consumption of alcohol until 11 p.m. at restaurants, casinos and bars in parishes that are eligible to opt in to reopen bars. However, all bars must still close by 11 p.m.

The Governor’s order previously ended the sale or service of alcohol for on-site consumption at 10 p.m. as part of mitigation measures recommended by the White House and designed to reduce the spread of COVID-19 across the state. While bars remain closed for on-site consumption in some areas, in parishes with lower incidence of COVID, local government may opt in to open their bars. Four parishes that are eligible have opted in so far: Acadia, Jefferson Davis, St. Landry and Plaquemines.

On September 18, Governor John Bel Edwards announced Louisiana will move to quickly implement new guidance from the federal government easing restrictions on visits to nursing homes during the COVID pandemic. The new guidance issued by the Centers for Medicare and Medicaid Services late Thursday allows nursing homes to conduct outdoor visitation with social distancing. Nursing homes located in parishes with no more than 10 percent test positivity and without any new onset of COVID cases in the last 14 days can allow indoor visitation. CMS does recommend a number of mitigation measures, including that nursing homes limit how many visitors a resident can have at one time, as well as limiting the number of visitors that can be in the facility at once. The guidance also provides that face coverings, social distancing of at least six feet between people should be adhered to at all times and that all visitors must be screened for symptoms of COVID-19, including fever.

Maine:

On September 17, Governor Mills issued an executive order reinstating weekly work search activity requirements for all unemployment claimants in order to retain eligibility to receive unemployment benefits beginning on October 4.

Further, Governor Mills announced on September 21, that her Administration will launch a second phase of the Maine Economic Recovery Grant Program beginning Wednesday, September 23, 2020. Phase 2 will make available approximately $95 million in remaining funds from Phase 1 and expand access to the program by increasing the number of eligible businesses and non-profits. Under Phase 2, businesses and non-profits that employ up to 250 people will be eligible for grant rewards, as opposed to the 50-employee maximum of Phase 1. Applications for Phase 2 will be accepted Wednesday, September 23, 2020 through Friday, October 23, 2020, at 11:59 p.m. with grants expected to be awarded in late November. Additional information about the Maine Economic Recovery Grant can be found here.

Maryland:

On September 20, Governor Hogan announced new milestones in the fight against COVID -19. The statewide seven-day positivity rate dropped below 3% for the first time, and the daily positivity rate dropped below 2% for the first time. Hospitalizations have dropped below 300 and ICU levels have dropped below 70, down to their lowest levels since March.

On September 21, Governor Hogan announced a COVID-19 Serology Testing Study for Maryland Firefighters which will give health officials a better idea of the prevalence of the virus. This initiative, currently active in seven jurisdictions, is a key part of the Maryland Department of Health’s (MDH) ongoing statewide COVID-19 antibody study to determine how many Marylanders have been exposed to COVID-19. Participants receive serology testing and diagnostic kits, sample collection supplies, logistical services to deliver supplies and pick up samples, and sample collection training. The test consists of a blood draw to produce samples, which are sent to the State Public Health Laboratory for analysis. The lab processes the samples and provides results, typically within 24 hours.

Missouri:

(City of Columbia/ Boone County): The City of Columbia issued Order No. 2020-11 and Boone County issued order No. 2020-11C, which took effect on September 18, 2020, which extends phase two, step three, of its reopening plans until October 6, 2020, at 11:59 p.m. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Must close by 10:30 p.m., but may continue curb-side and off-premise delivery of food,
  • Are limited to ten persons per table,
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Child care services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

Nevada:

On September 17, Nevada Health Response released an updated list of counties that are considered to have an elevated risk of transmission of COVID-19. In accordance with New Normal Plan, counties on the high transmission risk list must create action plans targeting sources of infection and community spread and submit the plans for review and approval by the Nevada COVID-19 Mitigation and Management Task Force. Eureka, Churchill, and Washoe County have dropped off the list and Lyon and Mineral County have been added to the list. The following 4 counties remain flagged as high-risk counties: Clark County, Elko County, Lyon County, and Mineral County.

Additionally, the Task Force approved Clark County and Elko County’s plans to reopen bars, pubs, taverns, breweries, distilleries, and wineries with certain restrictions in place, to be effective beginning on September 20, 2020 11:59 p.m. At a minimum, the reopened businesses must follow statewide standards and enforcement measures, which include required face coverings for employees and customers, a 50% capacity limit, and that all standing and open congregation areas in bars that are not necessary for the preparation and service of food or beverages remain closed, including but not limited to areas for games or dancing. Clark County’s additional COVID-19 protocols for establishments that sell alcohol can be found here.

New Hampshire:

On September 18, Governor Sununu issued an emergency order extending Executive Order 2020-04 until October 9, 2020. Executive Order 2020-04 declared a state of emergency due to Coronavirus (COVID-19).

New York:

Governor Andrew Cuomo today announced the signing of Executive Order No. 202.64, extending the state's moratorium on COVID-related commercial evictions and foreclosures an additional month, until October 20. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants.

North Carolina:

On September 17, Governor Roy Cooper announced that beginning on October 5, North Carolina public school districts and charter schools can choose to implement Plan A for elementary schools (grades K-5). As the Governor announced in July, every district will continue to have flexibility to select Plan A, B or C based on their unique needs. In addition, districts should still provide an option for families to select all remote learning for their students. Plan A continues to include important safety measures like face coverings for all students, teachers and staff, social distancing, and symptom screening, but does not require schools to reduce the number of children in the classroom.

North Dakota:

On September 21, interim State Health Officer Dr. Paul Mariani lifted the 14-day quarantine order for those returning from international travel. The original order was given on April 8 and was last amended on July 28. Dr. Mariana cautioned that “individual countries may have their own restrictions that impact travel” and to “check with your destination’s Ministry of Health for the most up-to-date information.”

Ohio:

On September 17, Governor Mike DeWine released Ohio's updated Public Health Advisory System map. New health data compiled by the Ohio Department of Health found that five counties currently have a very high risk of exposure and spread: Butler, Mercer, Montgomery, Portage and Putnam. A total of 69 counties stayed at the same level as last week, and one county, Preble, dropped from Level 3 to Level 2.

In addition to the five Level 3 counties listed above, five additional counties meet the Centers for Disease Control and Prevention's definition of high incidence: Athens, Delaware, Greene, Harrison, and Pickaway. Although these counties do not meet enough indicators to trigger a Red Level 3 Public Emergency, these counties have had more than 100 cases per 100,000 residents over the last two weeks which could lead to rapid virus transmission if steps are not taken to slow the spread.

Governor DeWine also announced that the state is releasing the Rapid Response Guide for Migrant and Seasonal Farmworkers. This guide will support local health districts in developing culturally appropriate plans to respond to outbreaks in the migrant and seasonal farmworker communities. A copy of the guide will be available here. In addition, the Ohio Department of Health is awarding $2.6 million in CARES Act funding to agricultural camp operators to improve the health and safety of migrant workers worksites and camps to reduce the transmission of COVID-19.

Next, Governor DeWine provided an update on Ohio’s Coronavirus Wastewater Surveillance Network. Since mid-July the network has been monitoring income waste at wastewater treatment plants around the state to test for gene fragments of COVID-19. Ohio is currently testing in more than 30 cities across the state and will expand testing to more than 50 locations in the next month. The state will continue to closely monitor the wastewater data and ensure communities are aware of trending increases in gene copies to assist with quick response and prevent further spread of disease. More information about the program can be found here.

Additionally, Governor DeWine announced that the Ohio Department of Job and Family Services (ODJFS) has started distributing $300 per week in Lost Wages Assistance to eligible unemployment insurance recipients. This assistance is available to Ohioans who received traditional unemployment benefits, Pandemic Unemployment Assistance (PUA), Trade Readjustment Assistance, SharedWork Ohio or extended benefits for weeks ending August 1 through September 5. PUA claimants will receive payments first, in a staggered manner with individual payments for each week they qualified for the program. For Ohioans receiving other types of unemployment benefits, there will be one retroactive payment for all weeks they qualify. Currently ODJFS is working to complete the programming necessary to disperse payments. Updates on this process can be found here.

Oregon:

On September 18, Governor Brown announced changes to the County Watch List, including that Umatilla and Morrow Counties have succeeded in reducing the spread of COVID-19 sufficiently enough to be removed from the County Watch List. Governor Brown added that Morrow County's application to move to Phase 2 of reopening has been approved, effective immediately. No additional counties were added to the County Watch List, and Malheur County remains a particular area of concern for state officials.

On September 21, the state newsroom reported that more than 130,000 Oregonians will receive a special mailing this month from the IRS encouraging them to see if they’re eligible to claim an Economic Impact Payment. The IRS will mail the letters to people who typically aren’t required to file federal income tax returns but may qualify for an Economic Impact Payment. The letter urges recipients to visit the special Non-Filers: Enter Payment Info tool on IRS.gov before the Oct. 15 deadline to register for an Economic Impact Payment. Individuals can receive up to $1,200, and married couples can receive up to $2,400. People with qualifying children under age 17 at the end of 2019 can get up to an additional $500 for each qualifying child. For more information on eligibility requirements, see the Economic Impact Payment eligibility FAQ on IRS.gov.

South Dakota:

On Friday, September 18, Governor Kristi Noem announced her plan to disperse up to $100 million in Coronavirus Relief Funds (CRF) to community-based healthcare providers. Under the plan, there are two eligibility requirements: (1) the provider rendered services reimbursed by the state’s Medicaid program or other federal or state funding through South Dakota’s Department of Social Services, Department of Corrections, or Department of Human Services; and (2) the provider experienced (and can prove) a “reduction in business” in lost revenue between March-August, 2020, when compared to March-August 2019. The following provider-types are “community-based” for the purposes of the CRF:

• Nursing Homes and/or Skilled Nursing Facilities
• Assisted Living Facilities
• Residential Treatment Facilities for Youth, i.e. Group Care, Psychiatric Residential Treatment, and Independent Living
• Senior Nutrition Provider
• In-home services for the elderly
• Adult Day Services
• Assisted Daily Living Services Waiver Providers
• Intellectual and Developmental Disabilities Services, i.e. CHOICES Medicaid Waiver, Family Support 360 Medicaid Waiver, Community Training Services, and Intermediate Care Facility for Individuals with Intellectual Disabilities
• Behavioral Health, including Substance Use Disorder and Mental Health

Providers may apply for the grant from October 12-23, 2020, and funds received must be expended by December 30, 2020.

Tennessee:

(Nashville/Davidson County): The Chief Medical Officer of Nashville/Davidson County issued Second Amended and Restated Order 11 for Nashville and Davidson County, which continues the pause in portions of phase III and extends hybrid phase II of the City and County Roadmap for Reopening Nashville. The Second Amended and Restated Order 11 is effective September 18, 2020 through September 30, 2020 and makes the following changes to the Amended and Restated Order 11:

• Section 4 was revised as follows:
  • Limited service restaurants and bars that hold an on-premise beer permit, but not a license issued by the Tennessee ABC, may now serve up to 50 patrons per floor and 50 patrons outdoors, not to exceed 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code, so long as patrons are equally distributed throughout the indoor space.
  • Restaurants may now stay open until 11:00 p.m.
• Section 7 was revised to allow community, civic and sporting events, parades, concerts, festivals, conventions, fundraisers, private gatherings and similar activities to remain open until 11:00 p.m.
• Section 12 was revised to increase the capacity of so-called “transpotainment.” Pedicabs and pedal carriages may now operate at 50% capacity up to 15 people of the same party, may serve passengers until 11:00 p.m., and may allow alcohol to be consumed by seated persons.
• Section 13 was revised to allow sexually oriented businesses to remain open until 11 p.m. and to increase capacity to the lesser of 50 patrons per floor or 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code on premises.

The Chief Medical Director of Nashville/Davidson County also issued the Third Amended and Restated Order 10 for Nashville and Davidson County, which continues the pause on portions of phase III and further modifies hybrid phase II of the City and County’s reopening plan. The Second Amended and Restated Order 10 applies only with respect to specified Downtown and Midtown areas and includes the following provisions:

• Continues prohibiting the consumption and possession of alcohol outside of licensed premises
• Increases the number of patrons at licensed Limited Service Restaurants to 50 patrons per floor and 50 patrons outdoors, not to exceed 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code permitted, provided patrons are equally distributed throughout the entire amount of indoor space
• Continues to limit the number of patrons at licensed Restaurants to the lesser of 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code or 100 patrons per floor
• Limited Service Restaurants and Restaurants must continue to comply with numerous specified protocols, including but not limited to:
  • Distributing patrons equally through their space
  • Conforming with CDC and City guidance regarding mask wearing, hand sanitation, and other social distancing measures
  • No ancillary or participatory activities such as arcade games, darts, axe throwing, etc.
  • All patrons must be off premises and the premises closed between 11:00 p.m. and 5:00 a.m.
  • Bar counter areas may open at 50% or less of counter capacity and customers are not permitted to stand at the bar
  • Live music and entertainment continues to be permitted in accordance with issued guidelines, including that temperatures will be checked upon arrival, musicians will be staged at least 15 feet from patrons, no dance floor is permitted, and performers may not share equipment
• Increases the number of patrons permitted at bars having a beer permit but not a license issued by the Tennessee ABC to no more than 50 patrons per floor and 50 patrons outdoors, not to exceed 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code, provided patrons are equally distributed throughout the entire amount of indoor space

The Second Amended and Restated Order 10 is effective September 18, 2020 through September 30, 2020.

Washington:

On September 21, Governor Inslee announced updated guidance for agritourism as part of Washington's Safe Start phased reopening plan. Effective September 21, all agritourism activities are allowed to operate in Modified Phase 1 counties under Phase 2 guidance. While the full guidance is available here, under the September 21 update, agritourism businesses are now permitted to offer the following additional activities:

• Animal viewing
• Hay/wagon/train rides
• Children’s play equipment/games
• Private firepit/bonfires

A full list of current guidance is available for Modified Phase 1 here.

Wisconsin:

(Milwaukee): Milwaukee County issued Administrative Order 20-7v3, effective 12:01 a.m. on September 21, 2020 at 12:01 a.m., outlining Procedures for Responding to Confirmed COVID-19 Cases, Symptomatic Individuals, and Individuals Exposed through Close Contacts (the “Procedures”). The Procedures apply to all Milwaukee County employees, contractors, and vendors, but specifically excludes Health Care Workers or Critical Infrastructure Workers.

The order outlines various scenarios and procedures for County employees to follow, including:

• What to do when an employee, contractor, or recent visitor has a Confirmed Case of COVID-19;
• What to do when an employee or contractor calls in sick with COVID-19 symptoms, reports to work with symptoms, or develops symptoms while at work, or when a visitor to a County location exhibits symptoms while at a County location;
• What to do when an employee or contractor has Close Contact with a person with a Confirmed Case of COVID-19;
• What to do when a Critical Infrastructure employee or contractor has Close Contact with a person with a Confirmed Case of COVID-19; and
• Self-Isolation and Self-Quarantine Guidance.

Generally, the order states that the local public health authority will conduct contact tracing for individuals testing positive for COVID-19 and will give quarantine orders to Close Contacts when an employee, contractor, or recent visitor has a Confirmed Case of COVID-19. The order states that employees or visitors to a county facility who have COVID-19 symptoms should return home and follow the guidelines outlined in Section III.A. For employees and contractors that have had Close Contact with a Confirmed Case, the order directs the employee or contractor not to report to work, however there are exceptions to this directive for Critical Infrastructure services. The order also outlines supervisor actions and return to work policies for each of the above scenarios. Finally, the order gives instructions and guidelines for those who are subject to isolation and quarantine.

Wyoming:

Governor Gordon extended the public health orders set to expire on September 15. The new orders now expire September 30. However, the extended orders did not necessarily mean more restrictions for Wyoming residents. In fact, the gatherings order now permits indoor close-contact group activities and sports such as basketball. The other indoor gathering restrictions remain unchanged—entities with social distancing and sanitation measures in place may allow up to 250 people in the building and businesses which chose to not implement such measures are limited to 50 people. The limitation for outdoor gatherings remains at 50% of the venue’s capacity with a maximum of 1,000 people.

September 17, 2020

California:

Under the Blueprint for a Safer Economy, California is slowly transitioning its counties away from the “Widespread Tier 1” category and its stringent limitations on social and economic activity. Since August 28, eight more counties have transitioned from Widespread Tier 1 to lower categories, leaving 30 of the State’s 58 counties in that tier. See our prior updates for a summary of the restrictions in Widespread Tier 1.

California also announced that the metrics for determining a county’s tier status have changed effective September 15, 2020. Case rates are now adjusted based on California’s median (instead of the average) testing volume and will be fixed from the week ending September 5 for the next four weeks assignments through October 6.

Colorado:

The Colorado Department of Public Health and Environment issued Public Health Order 20-35 (“Order”), which codifies the “Dial Framework” policy unveiled by Governor Polis earlier this week. The Order expressly supersedes Public Health Order 20-28 that established the State’s Safer at Home and in the Vast, Great Outdoors policy (“Safer at Home policy”). The Order, however, effectively incorporates the Safer at Home policy, in addition to detailing the Dial Framework’s five status categories that control the level of re-opening permitted by a county.

Florida:

(Miami-Dade County): Mayor Gimenez issued Amendment No. 1 to Emergency Order 28-20 which, effective September 18, 2020 permits the opening of (and indoor consumption of food and beverages at) movie theatres, concert houses, convention spaces, auditoriums, playhouses, bowling alleys, arcades, and indoor amusement facilities to open, subject to the requirements of the updated New Normal Guidebook. Mayor Gimenez also issued Amendment No. 1 to Emergency Order 29-20 which, beginning at 12:01 p.m. on September 18, 2020, permits limited competitive play (including scrimmages), but not organized inter-team sports or league games, and requires facial coverings to be worn on athletic fields.

Kansas:

(Johnson County): On September 17, the Johnson County Board of Commissioners voted to reaffirm Governor Kelly’s executive order requiring masks or other face coverings in indoor spaces in Johnson County, Kansas. The mask mandate is now extended until October 15, 2020.

North Dakota:

The North Dakota Department of Health and the North Dakota National Guard are sponsoring a free COVID-19 testing event this Saturday, September 19 in Trenton and in Grand Forks. This is an ongoing effort to provide free testing to as many individuals as possible. Information on all testing events can be found here.

Ohio:

On September 17, Governor DeWine and Director Ursel McElroy of the Ohio Department of Aging provided an update on testing in nursing facilities, assisted living facilities, adult day centers, and adult day cares. Adult day care and senior centers will open on September 21. The facilities will test staff every other week and participants if they present symptoms. Outdoor visitation started at Ohio nursing homes on July 20. The Department of Aging is working on a dashboard to increase transparency about the status of visitation at facilities across the state.

Texas:

On September 17, 2020, Governor Abbott held a press conference to provide an update on the state's ongoing efforts to combat COVID-19. During the press conference, the Governor issued Executive Order GA-30 expanding occupancy levels to 75% from 50% for most of Texas, effective September 21, 2020, for:

• Restaurants;
• Retail stores;
• Office buildings;
• Manufacturing facilities;
• Gyms and exercise facilities/classes;
• Museums; and
• Libraries.

At the same time, Governor Abbott said the state was not yet ready to reopen bars. The Order will remain in effect unless modified, amended, rescinded, or superseded by the Governor.

This expanded occupancy excludes areas with high hospitalizations—defined as any Trauma Service Area (TSA) that has had seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of all hospitalized patients exceeds 15%, until such time as the TSA has seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of all hospitalized patients is 15% or less. Using this metric, 19 of the 22 TSAs in Texas qualify to increase occupancy levels to 75%. Three of the 22 TSAs (S-Victoria, T-Laredo, and V-Lower Rio Grande Valley) must remain at 50% occupancy. These three TSAs contain the following counties: Calhoun, DeWitt, Goliad, Jackson, Lavaca, Victoria, Jim Hogg, Webb, Zapata, Cameron, Hidalgo, Starr, and Willacy.

Also at the press conference, Governor Abbot issued Executive Order GA-31, effective September 21, 2020, re-authorizing elective surgeries for a majority of the state. The three TSAs with high hospitalizations (S-Victoria, T-Laredo, and V-Lower Rio Grande Valley) must continue postponing elective surgeries until the hospitalization metric requirements are met. The Order will remain in effect unless modified, amended, rescinded, or superseded by the Governor.

Governor Abbott also announced new visitation guidelines, effective September 24, 2020, for:

• Nursing homes;
• Assisted living facilities;
• Intermediate care facilities;
• Home and community-based service providers; and
• Inpatient hospice.

Under the new guidance, residents will be allowed to designate up to two essential family caregivers who will be provided necessary training to allow them to safely go inside a facility for a scheduled visit, including in the resident’s room. Only one caregiver will be able to visit a resident at a time, but social distancing will not be required.

Facilities are required to train essential caregivers on the proper use of personal protective equipment (PPE) and other infection control measures. Proper PPE must be used at all times during these scheduled visits, and the caregiver must test negative for COVID-19 within the previous 14 days before the initial visit.

For general visitors who are not a designated an essential caregiver, these updated guidelines will allow facilities to schedule outdoor no-contact visits, open window visits, or indoor visitation with the use of Plexiglas safety barriers.

Washington:

On September 17, Governor Inslee updated Proclamation 20-28, also impacting Proclamations 20-05 and 20-68. The proclamation, initially issued in response to COVID-19, has been updated to allow in-person meetings for cities, counties and agencies where wildfires have substantially interrupted or degraded telecommunications services. This proclamation makes an exception to the general ban on in-person meetings in areas of the state that are unable to convene remote meetings because wildfires have significantly degraded telecommunications.

In-person meetings are limited to the number of people permitted to gather in the county in which the meeting will take place. Other requirements apply, including maintaining six feet of distance between attendees, wearing face coverings, and ratifying any action taken at the next regularly scheduled meeting.

This proclamation remains in effect until power is returned in the area or October 1, whichever occurs sooner. The full text of the proclamation is available here.

Additionally, on September 17, Governor Inslee announced updated guidance for weddings and funerals as part of Washington's Safe Start phased reopening plan. The update allows wedding and funeral receptions to resume, as long as they meet specific requirements.

• Receptions and ceremonies must be capped at 30 people, or 25% of venue occupancy, whichever is less.
• All tables at the reception must be seated by household, with table sizes capped at 5 people.
• Facial coverings are required, and social distancing must be maintained.

The full guidance document is available here, and an associated memo here.

September 16, 2020

Georgia:

On September 15, 2020, Governor Kemp issued Executive Order 09.15.20.01, which extends current COVID-19 guidelines and restrictions, including the provisions permitting mask mandates by certain local governments, until 11:59 p.m. on September 30, 2020. The Order extends guidance from recent “Empowering A Healthy Georgia” Orders, including a ban on gatherings of more than 50 people unless individuals remain six feet apart.

Illinois:

Illinois Region 7, consisting of Kankakee and Will county, may soon see its Mitigation Measures rolled back. The additional mitigations, effective August 26, were put in place a result of Region 7’s positivity rate in excess of 8 percent for three consecutive days. Notably, under the additional mitigations, indoor service at bars and restaurants is prohibited. Additionally, meeting, social event and gathering capacity is limited to the lesser of 25 guests or 20 percent of overall room capacity. The Region’s positivity rate dropped to 6.4 percent on September 15. If Region 7 maintains a positivity rate less than or equal to 6.5 percent for three consecutive days, it may join most of Illinois under Phase 4 of Governor Pritzker’s Restore Illinois Plan.

Additional Mitigation Measures were also put in place in Region 4 on September 2. The Region, consisting of Bond, Clinton, Madison, Monroe, Randolph, St. Clair and Washington counties, has not seen the same success as Region 7 in recent weeks. Region 4 has a current positivity rate of 8.9 percent.

Regional COVID-19 data can be found on the Illinois Department of Public Health’s website.

Iowa:

On September 15, Governor Reynolds signed a Proclamation of Disaster Emergency, which is effective beginning September 16, 2020 at 5:00 p.m. through September 20, 2020 at 11:59 p.m. In all counties except Johnson County and Story County, the Proclamation permits restaurants, wedding venues, bars, taverns, wineries, breweries, distilleries, country clubs, and other social or fraternal clubs to reopen, provided that the establishments (i) ensure at least six feet of distance between each group or individual, and (ii) implement reasonable measures to ensure social distancing of employees and customers and increase hygiene practices to reduce the risk of transmission of COVID-19.

In Johnson County and Story County, a restaurant, including a wedding reception venue, winery, brewery, distillery, country club, or other social or fraternal club may reopen or remain open to serve food and beverages on its premises, but only if the sale of alcoholic beverages comprises no more than half of the establishment’s monthly revenues and the establishment: (i) serves food to all customers who order a drink, (ii) ensures at least six feet of distance between each group or individual, (iii) implements reasonable measures to ensure social distancing of employees and customers and increase hygiene practices to reduce the risk of transmission of COVID-19, and (iv) limits the sale of alcoholic beverages between 6:00 a.m. and 10:00 p.m. Monday through Saturday and from 8:00 a.m. to 10:00 p.m. on Sundays.

In Johnson County and Story County, all bars, taverns, wineries, breweries, distilleries, night clubs, and other establishments that sell alcoholic beverage for consumption on their premises must remain closed to the general public, except for (i) carry-out, drive through, or delivery service; (ii) private gatherings hosted at an establishment; (iii) bars located in hotels, casinos, movie theaters, or sporting venues may permit the consumption of alcohol by guests on a casino floor, inside an individual theater, or in a person’s hotel room; and (iv) an establishment that prepares and serves food and obtains at least half of its monthly revenue from the sale of food may remain open and serve food and beverages, provided it complies with the restrictions above applicable to restaurants in Johnson County and Story County.

Kentucky:

On September 15, Governor Beshear announced that the state has slightly eased regulations on bars and restaurants to push back last call and operational hours. He said restaurants and bars now will be allowed to have last call at 11:00 p.m. and close at midnight, both an hour later than under previous guidance.

Oregon:

On September 16, Oregon OSHA disclosed that it has issued more than $23,000 in fines to two different businesses for engaging in the same hazardous behavior: refusing to carry out proven steps to help protect workers from the coronavirus disease. In separate enforcement actions, the division issued citations to Café 22 West in Salem and Howard’s Pharmacy in Lakeview.

The citations resulted from complaint-based inspections, and after unsuccessfully resolving the issues raised in multiple complaints without an enforcement visit, Oregon OSHA initiated worksite inspections. The inspections found both employers willfully failing to implement health hazard control measures – such as face coverings and physical distancing – and continuing to operate in hazardous conditions, despite having been put on notice well before the inspection itself began.

In addition to its enforcement activities, Oregon OSHA offers employers and workers a variety of consultation, information, and education resources addressing COVID-19 available at this link.

Tennessee:

(Memphis): The City of Memphis is taking grant applications for the City of Memphis Small Business Stabilization Grant initiative now through December 23, 2020 or until funds are exhausted. The grants are intended to provide economic relief to small businesses suffering substantial economic injury. Grant funds may be used to pay costs of business interruption, working capital, business recovery challenges, and costs associated with safely reopening. Applications are available online.

September 15, 2020

Colorado:

Governor Polis unveiled a new policy framework for controlling the State’s re-opening on Tuesday. The “Dial Framework” policy builds upon the State’s existing social-distancing orders and creates new metrics for guiding individual county re-openings across Colorado.

The Dial Framework establishes five categories that control the level of re-opening a county may allow. The categories are: (a) Protect Our Neighbors; (b) Safer at Home 1 – Cautious; (c) Safer at Home 2 – Concern; (d) Safer at Home 3 – High Risk; and (e) Stay at Home. Protect Our Neighbors requires the least restrictions on social and economic activity, while the Stay at Home category requires a return to the stringent limitations imposed last March.

Counties may transition between the categories depending upon whether their COVID-19 cases meet or exceed the new case, percent positivity, and hospitalization thresholds established by the Dial Framework. In order to transition to a less restrictive category, a county must satisfy the data requirements of all three thresholds for two consecutive weeks. Likewise, a county may be forced to transition to a more restrictive category if the data shows that its metrics exceed a particular level’s thresholds. The only caveat to the fluidity of the Dial Framework is that counties must continue to follow the certification process established by the Protect Our Neighbors public health order before they may begin operating under that category’s requirements.

At present, the Denver Metro Area remains in the Safer at Home 1 – Cautious and Safer at Home 2 – Concern categories. The policy contains a chart that details the limitations on social and economic activity imposed by those categories.

Connecticut:

On September 15, Governor Lamont signed Executive Order No. 9B which enacts the following provisions:

• Amendments to mandatory self-quarantine for travelers from states with high COVID-19 levels: Modifies the state’s previously issued self-quarantine and travel advisory order for people arriving to Connecticut from impacted states, expanding the testing exemption to all travelers who test negative for COVID-19 in the 72 hours prior to arrival. This takes effect at 12:01 a.m. on Friday, September 18, 2020.
• Authorization for the issuance of fines: Authorizes the commissioner of Public Health, local health departments, municipal chief elected officers, and state and local police to issue fines for violations of certain COVID-19 protective measures. These include:
  • A fine of $100 for an person who fails to wear a mask or cloth face covering as required under Executive Order No. 7NNN;
  • A fine of $500 for any person or business entity who organizes, hosts, or sponsors a gathering that violates the gathering size restrictions set forth in the DECD Rules for Gatherings and Venues and Sector Rules for Outdoor Events; and
  • A fine of $250 for any person who attends a gathering that violates the gathering size restrictions set forth in the DECD Rules for Gatherings and Venues and Sector Rules for Outdoor Events.
• Repeal of executive orders extending liquor permittee credit period: Repeals Executive Order No. 7OOO, Section 2 and Executive Order No. 7S, Section 3 effective September 17, 2020, returning to normal statutory provisions.

The regional travel advisory between Connecticut, New Jersey, and New York that directs incoming travelers from states with a significant community spread of COVID-19 to self-quarantine for a 14-day period was updated: Puerto Rico was added to the list, and California, Hawaii, Maryland, Minnesota, Nevada, and Ohio were removed.

Hawaii:

(Kauai County): With Governor Ige’s concurrence, Mayor Kawakami issued Mayor’s Emergency Rule #16, which permits an expansion of the permissible quarantine locations for guests subject to quarantine restrictions, to include resorts and hotel facilities that satisfy the Rule’s requirements. The Rule became effective September 15, 2020.

Illinois:

Applications under the second round of the Business Interruption Grants Program (BIG), developed by Governor Pritzker and the Illinois General Assembly, will open on Thursday, September 17. The program aims to provide funding to small business and especially those businesses in disproportionately impacted areas and heavily impacted industries. The $220 million available under the second round has been allocated in the following manner:

• Heavily Impacted Industries
  • $60 million for heavily distressed industries, such as movie theatres, performing arts venues, concert venues, indoor recreation, amusement parks, and more.
• Disproportionately Impacted Areas (DIA)
  • $70 million set aside for DIAs, defined by zip codes identified by the General Assembly for communities that are most economically distressed and vulnerable to COVID-19. A searchable map of DIAs can be found here.
• Downstate Communities
  • The Illinois Department of Commerce and Economic Opportunity (DCEO) has committed to ensuring that at least half of all remaining funds, totaling more than $100 million, are reserved for businesses in downstate and rural communities of Illinois.
• Priority Businesses
  • Apart from the $60 million for heavily impacted industries, applications from the following types of businesses will be prioritized for review for remaining funds: businesses directly affected by regional mitigations implemented by the state or local governments, independently owned retail, tourism and hospitality related industries including accommodations, and more.
• Agriculture
  • $5 million of the remainder of funds will be set aside for livestock production disruptions. Applications will be available in the coming weeks from the Illinois Department of Agriculture.
• Grants and Loan Forgiveness for Illinois Small Business Emergency Loan recipients
  • As authorized by the General Assembly, DCEO will offer grants for businesses that have incurred eligible costs to offset loans received under the Illinois Small Business Emergency Loan program. This round of loan forgiveness and grants will go to businesses that have received loans or remain on the wait list and the program will sunset going forward as DCEO and its partners focus on making BIG awards.

Businesses outside the above categories are eligible to apply for and receive funding but may be reviewed later than priority businesses. While the application portal is not open until September 17, the DCEO has released the application questions and required document checklist.

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Utah effective Friday, September 18 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents.

Kansas:

On September 15, Governor Laura Kelly announced she has signed Executive Order #20-65, which extends temporary relief for motor carriers from certain weight restrictions and permit requirements to allow needed medical supplies, food shipments, and other items to move through Kansas as quickly as possible. These exceptions apply only to motor carriers actively participating in COVID-19 response efforts. 

Executive Order #20-65 is in place until rescinded, until December 31, 2020, or until the statewide State of Disaster Emergency expires, whichever is earlier. It is an extension of measures put in place by Executive Order #20-62.  

New Jersey:

Governor Phil Murphy today advised individuals traveling to New Jersey from states or territories with significant community spread of COVID-19 to quarantine for a 14-day period from the time of last contact within the identified state or territory. The updated advisory includes one additional territory, Puerto Rico— with California, Hawaii, Maryland, Minnesota, Nevada, and Ohio removed from the list, bringing the total to 30 states and territories. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

As of Tuesday, September 14, there are currently 30 states and territories that meet the criteria stated above: Alabama, Alaska, Arkansas, Delaware, Florida, Georgia, Guam, Iowa, Idaho, Indiana, Illinois, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, Oklahoma, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and West Virginia.

New York:

Governor Andrew M. Cuomo today announced that six states—California, Hawaii, Maryland, Minnesota, Nevada and Ohio—have been removed from New York State's COVID-19 travel advisory. The states remaining on the advisory list are Alaska, Alabama, Arkansas, Delaware, Florida, Georgia, Guam, Iowa, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, Oklahoma, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and West Virginia.

Ohio:

On September 14, Governor Mike DeWine signed House Bill 606 into law. House Bill 606 ensures civil immunity to individuals, schools, health care providers, businesses, and other entities from lawsuits arising from exposure, transmission, or contraction of COVID-19, or any mutation of the virus, as long as they were not showing reckless, intentional, or willful misconduct.

It also shields health care providers from liability in tort actions regarding the care and services they provide during this pandemic unless they were acting recklessly or displaying intentional misconduct.

Vermont:

On Friday, September 11, Governor Scott signed into order Addendum 5 to Amended and Restated Executive Order 01-20. Addendum 5 simply extended the expiration date of Executive Order 1-20 to October 15, 2020. The order was previously set to expire on September 15, pursuant to Addendum 4. All other provisions of Addendum 4 remain in full force and effect.

As a reminder, Governor Scott passed the Amended and Restarted Executive Order 01-20 on June 15, 2020.

The new order also clarified mask use during strenuous activity—a face mask or covering is not required when someone engaging in strenuous exercise or activity can maintain a physical distance of six (6) feet from others.

September 14, 2020

Colorado:

Governor Polis extended the State’s requirement that all individuals over ten years old must wear face coverings in an indoor public space or while waiting for public transit. Executive Order D 2020 190 also advises those operating places of public accommodation, mass transportation operations, and critical business to deny admittance to anyone not wearing a face covering. Further, owners, operators, or managers of public indoor spaces remain obligated to post signs at a facility’s entrance instructing those that enter that it is their legal obligation to wear a face covering. Exceptions to those requirements include those who are seated at a food service establishment, those exercising alone or with members of their household, and those who are hearing impaired or are otherwise disabled where the ability to see one’s mouth is essential to communication. The order will expire on October 13.

Governor Polis also issued Executive Order D 2020 189, which suspends several statutes to allow the Division of Homeland Security and Emergency Management (DHSEM) to establish alternate care sites (“ACS”) in the event there is a surge of COVID-19 infections. These sites include: the Colorado Convention Center, the Larimer Count Fairgrounds and Events Complex, Western Slope Memory Center, St. Anthony’s, and St. Mary-Corwin Medical Center. The order is set to expire on October 11, 2020.

Florida:

Governor DeSantis issued an Executive Order authorizing Miami-Dade and Broward Counties to move to Phase 2 of the “Safe. Smart. Step-by-Step-by-Step. Plan for Florida’s Recovery.”

(Broward County): County Administrator, Bertha Henry, issued a Declaration of Emergency, extending the local State of Emergency for 7 days, starting at 9:00 am on September 15, 2020.

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency which further extends the state of emergency through September 18, 2020.

(Miami-Dade County): Mayor Gimenez issued Amendment No. 2 to Executive Order 27-20, which, beginning on September 14, 2020, changes the county-wide curfew to begin at 11:00 pm instead of 10:00 pm. Mayor Gimenez also issued Emergency Order 29-20 which, beginning at 6:00 am on September 14, 2020, cancels Emergency Orders 5-20 and 21-20. Parks, marinas, boat launches, docking, fueling, marine supply, and other marina services, and golf-courses in Miami-Dade County that are not under the State or federal government’s jurisdiction may operate subject to the activity-specific restrictions stated in the order. Further, moped, motorized scooter, bicycle, motorized bicycle, or micromobility devices may be operated in accordance with the New Normal Handbook.

Georgia:

Governor Kemp signed an Executive Order on September 10, 2020 reducing the regulations for grand juries. The Order permits remote administration of oaths and attendance for grand juries in grand jury proceedings. The Order is effective for as long as the Public Health State of Emergency is in effect.

Kansas:

On September 11, Governor Kelly signed Executive Order #20-64, which will re-issue and extend several previous orders set to expire next week. Under E.O. #20-64, the following orders will be extended until rescinded, until January 26, 2021, or until the statewide State of Disaster Emergency expires, whichever is earlier:

• 20-37 – Allowing certain deferred tax deadlines and payments during state of disaster emergency
• 20-39 – Extending professional and occupational licenses during state of disaster emergency
• 20-40 – Temporarily allowing notaries and witnesses to act via audio-video communication technology during state of disaster emergency
• 20-43 – Temporary relief from certain restrictions concerning shared work programs during state of disaster emergency
• 20-50 – Temporary relief from certain unemployment insurance requirements during state of disaster emergency
• 20-55 – Amended provisions related to drivers’ license and vehicle registration and regulation during state of disaster emergency
• 20-56 – Amended Licensure, Certification, and Registration for persons and Licensure of “Adult Care Homes” during state of disaster emergency
• 20-61 – Temporarily prohibiting certain foreclosures and evictions

Kentucky:

On September 8, Governor Beshear announced the launch of the Healthy at Home Eviction Relief Fund website, teamkyhherf.ky.gov, where Kentuckians now can visit and apply for assistance. Kentuckians can visit the site to seek information on how to obtain a portion of $15 million in federal Coronavirus Aid, Relief and Economic Security (CARES) Act money the Governor pledged to support the Healthy at Home Eviction Relief Fund.

• Eligible landlords can be reimbursed for missed rent payments and receive some advance rent payments to keep tenants in their homes
• Eligible tenants can receive up to 90% of past-due rent and may also cover up to two months of future rent

Payments must be made directly to eligible landlords. Kentuckians may submit applications beginning on September 8, 2020.

Evictions are still suspended in Kentucky under the state’s executive order, which reflects the U.S. Centers for Disease Control and Prevention’s (CDC) moratorium on residential evictions until December 31, 2020. Under the CDC order, a tenant who signs and submits a declaration to his or her landlord about the inability to timely pay rent cannot be evicted. However, the declaration is required in order to prevent an eviction. Like the Governor’s prior executive orders on evictions, the CDC order does not relieve anyone of the obligation to pay rent or comply with any other obligation under a tenancy, lease or similar contract. The CDC order allows landlords to charge and collect fees, penalties and interest for failure to timely pay rent, but prohibits evictions for nonpayment or late payment of such fees, penalties or interest.

Louisiana:

On September 11, Governor Edwards released details of his proclamation moving Louisiana’s response to COVID-19 to Phase 3. The new order will be in place for 28 days, expiring on October 9. In it, restaurants, churches, salons, spas, gyms and other businesses will be able to open at a maximum of 75% of their occupancy, with social distancing in place. The statewide mask mandate will stay in place under the new order.

For now, bars will remain closed to on-premises consumption in parishes with a high incidence of COVID as evidenced by their test positivity rate, which is a continued recommendation of the White House Coronavirus Task Force, as cases among young people and in college towns continue to grow. Governor Edwards’ order also outlines how bars may begin to re-open for on-premises consumption in Louisiana in Phase 3, based on the percent positivity of the parish for a two-week period. Parishes with a positivity rate of 5% or lower for two consecutive weeks may opt-in to open bars for on premises consumption, under the restrictions in the Governor’s order. This two-week percent positivity will be updated every two weeks by the Louisiana Department of Health, with the next update scheduled for September 16.

When re-opened, bars will be able to open at 25% capacity, up to 50 people, indoors for customers seated for tableside service. They may have no more than 50 customers outdoors, socially distanced, seated for tableside service. No live music will be allowed. All drinks must be ordered at the table and delivered by bar staff to the table. Sale and service of alcohol at bars, when they reopen, must end at 10:00 p.m., with all patrons cleared from the building by 11:00 p.m. When re-opened, no one under the age of 21 is permitted in any bar. Phase 3 also prohibits the sale or service of alcohol for on premises consumption at all establishments, including restaurants and casinos, after 10:00 p.m.

Indoor social gatherings, like weddings or receptions, will be limited to the lesser of 250 people or 50% capacity of the facility. Outdoors, crowd sizes are limited to 50% capacity, up to 250 people, if people will be in close proximity and social distancing is not possible. Casinos will stay at 50% capacity and 75% of their gaming positions under the new order. Sporting events, like college football games, will operate at a lesser capacity of 25% and without alcohol sales.

Nursing home visitation will be prohibited in Phase 3, but the Louisiana Department of Health (LDH) is working on a pilot program to begin to allow visitation at nursing homes with no new cases for 14 days and in parishes without high numbers of COVID-19. LDH will release details in the coming days.

Maryland:

On September 10, Governor Hogan announced the acquisition of 250,000 rapid point-of-care antigen tests, which will be deployed to nursing homes, assisted-living facilities, and correctional and juvenile detention centers across the state. The purchase is makes Maryland the first state in a bipartisan interstate testing compact to move forward with ordering rapid antigen tests. Nearly all of the ten states participating in the compact – the first of its kind during the COVID-19 pandemic –have signed letters of commitment for the purchase of the rapid tests.

Michigan:

Governor Whitmer signed two new executive orders, both of which amend Executive Order 2020-176, the Safe Start Order. Executive Order 2020-180 amends Section 7(b) of the Safe Start Order, and now required all athletes training for, practicing for, or competing in an organized sport to wear a facial covering (except when swimming) or consistently maintain 6 feet of social distance (except for occasional and fleeting moments). For example, an athlete participating in a football, soccer, or volleyball game would not be able to consistently maintain 6 feet of distance, and therefore would need to wear a facial covering. Sports organizers must ensure that athletes comply with this section for each organized sporting event.

Executive Order 2020-181 adds to the Safe Start Order that in Regions 6 and 8, as defined in the Safe Start Order, indoor social gatherings or indoor organized events among persons not part of the same household are permitted so long as no more than 10 people attend and social distancing is maintained.

Minnesota:

On September 11, 2020, Governor Walz issued Emergency Executive Order 20-89 extending the “COVID-19 Peacetime Emergency” through October 12, 2020. Order 20-89 defines the “COVID-19 Peacetime Emergency” as Executive Order 20-01, which was extended through 20-35, 20-53, 20-75, 20-78, and 20-83. Most notably, Order 20-89 extends the face covering requirements as described in Order 20-81. Order 20-89 continues with the current course limiting extensions of the Peacetime Emergency to 30-day increments, seeking the Executive Council’s approval each time. Therefore, the Peacetime Emergency may be extended by an executive order on or before October 12, 2020.

Mississippi:

Governor Reeves signed Executive Order 1522, which extends the Safe Return Order through September 30, 2020 at 5:00 p.m. The new order also includes the following amendments to the Safe Return Order:

• Retail businesses may permit customers in the store up to 75% of the maximum capacity.
• Group gatherings where six feet of social distancing is not possible must be limited to 10 people (if indoors) and 50 people (if outdoors). The limitation does not apply to religious entities, voting precincts, and students in classrooms.
• Group gatherings where social distancing is possible must be limited to 20 people (if indoors) and 100 people (if outdoors). The limitation does not apply to religious entities, voting precincts, and students in classrooms.
• Restaurants and bars may increase the number of customers inside up to 75% of the maximum capacity. Buffets and self-service stations remain prohibited.
• Gyms may remain open 24 hours a day, but the number of customers inside the gym is limited to 75% of the maximum capacity.
• Reception halls and conference centers may operate at 25% maximum capacity with strict social distancing. For seated dinners, specifically, such centers may operate at 75% maximum capacity so long as social distancing is ensured. These restrictions apply to events and receptions held outside, as well.

Nevada:

On September 10, Nevada Health Response released an updated list of counties that are considered to have an elevated risk of transmission of COVID-19. In accordance with Nevada’s New Normal Plan, counties on the high transmission risk list must create action plans targeting sources of infection and community spread and submit the plans for review and approval by the Nevada COVID-19 Mitigation and Management Task Force. Lander, Lyon, and Nye County have dropped off the list and Eureka County has been added to the list for the first time. The following 5 counties remain flagged as high-risk counties: Churchill County, Clark County, Elko County, Eureka County, and Washoe County.

Because Nye County has been removed from the list, bars in the City of Pahrump were permitted to reopen at 50% capacity effective midnight on September 10, 2020, subject to statewide mitigation efforts that include required face coverings for employees and customers.

Additionally, the Task Force approved Washoe County’s plan to reopen bars, pubs, taverns, breweries, distilleries and wineries with certain restrictions in place. The measure will go into place no later than 11:59 p.m. on September 16, 2020, and will be subject to statewide mitigation efforts that include a 50% capacity limit and required face coverings for employees and customers.

On September 11, Governor Steve Sisolak signed Emergency Directive 032, which provides that DMV non-commercial driver's licenses, identification cards, non-commercial instruction permits, and driver authorization cards, that have an expiration date between March 12, 2020 and November 12, 2020 shall be deemed valid through November 12, 2020 at 11:59 p.m.

(Clark County): Clark County will begin accepting a second round of applications under its Small Business Stabilization Grant program beginning September 15, 2020 through September 29, 2020. Grants will be awarded in an amount up to $5,000 for businesses with 1-4 employees and up to $10,000 for businesses with 5-20 employees. The grants may be used for working capital, which includes expenses such as rent, utilities, inventory, payroll, and license fees. Priority will be given to businesses that have received less than $25,000 total in federal, state or local COVID related grant or loan dollars. To be eligible for the grant, the business must:

1. Be located within unincorporated Clark County;
2. Have 20 or less full-time employees as of March 15, 2020;
3. Have an active Clark County business license;
4. Have been operating on or before September 15, 2019;
5. Have an actual financial hardship; and
6. Not have any federal, state, or county tax liens.

The following businesses are not eligible to receive a grant under the Small Business Stabilization Grant program.

1. Businesses within City of Las Vegas, Henderson, North Las Vegas, Mesquite and Boulder City;
2. Adult oriented businesses;
3. Cannabis related businesses;
4. Massage parlors;
5. Liquor stores;
6. Bail bonds;
7. Check cashing facilities;
8. Payday loan, title loan and other short-term loan operators;
9. Convenience stores;
10. Non-profit organizations; and
11. State & federal certified labor unions.

Eligible businesses can apply for a Small Business Stabilization Grant here.

Ohio:

On September 10, Governor DeWine released Ohio's updated Public Health Advisory System map. A total of 68 counties stayed at the same level as last week, and two counties, Lucas and Wayne, dropped from Level 3 to Level 2. However, six counties currently have a very high risk of exposure and spread and are listed as Level 3, including: Butler, Mercer, Montgomery, Preble, Putnam, and Summit. In addition to these six Level 3 counties, four additional counties meet the Centers for Disease Control and Prevention's definition of high incidence, including: Clark, Hamilton, Miami, and Wood. Although these counties do not meet enough indicators to trigger a Red Level 3 Public Emergency, these counties have had more than 100 cases per 100,000 residents over the last two weeks which could lead to rapid virus transmission if steps are not taken to slow the spread.

Rhode Island:

Governor Raimondo issued Executive Order 20-75 on September 9, 2020. Effective September 10, 2020, the following executive orders shall be extended until October 10, 2020:

1. Executive Order 20-44 (Fortieth Supplemental Emergency Declaration - Uniform Statewide School Calendar).

2. Executive Order 20-46 (Forty-Second Supplemental Emergency Declaration - Public Meetings and Public Records Requests).

3. Executive Order 20-62 (Fifty-Seventh Supplemental Emergency Declaration - School Bus Driver Recertification).

South Carolina:

The Governor issued Executive Order 2020-59 on September 9, 2020. Effective immediately until September 24, this Executive Order continues the State of Emergency for 15 days and declares that Executive Order 2020-50 (Initiating Additional Emergency Measures & Consolidating Previous Orders) is extended for the duration of the State of Emergency. First responders and 911 operators are still allowed to ask individuals requesting assistance whether they have been exposed to COVID-19. All transportation waivers for commercial vehicles and operators of commercial vehicles are still in effect.

Washington:

On September 11, Governor Inslee announced updated guidance for indoor fitness and training facilities. This guidance is part of Washington’s Safe Start phased reopening plan. Effective today, indoor fitness and training facilities are allowed to operate in Modified Phase 1 counties under Phase 2 guidance. This means that facilities like gyms, yoga studios, and indoor sports facilities can open for personal fitness and training, group fitness classes, and practice for certain low- and medium-contact sports. Occupancy is limited to ensure proper physical distancing, and masks are required. See the full list of current reopening guidance here.

Wisconsin:

(Madison and Dane County): On September 10, 2020, the Supreme Court of Wisconsin entered a temporary injunction blocking the enactment of Emergency Order #9, which permitted in-person student instruction for kindergarten through second grade, and students in any grade with a disability and/or an Individualized Education Program, but limited grades third though twelfth to virtual classes. The temporary injunction allows all schools across the county, including private schools, to reopen immediately. The court ordered the petitioners to submit briefs and will be scheduling oral arguments.

September 10, 2020

Florida:

(Miami-Dade County): Mayor Gimenez issued an Executive Order extending the state of local emergency for an additional 7-day period, beginning on September 10, 2020.

Mayor Gimenez also issued an amendment to County Emergency Order 27-20, which, commencing on September 10, 2020 imposes a curfew for the entire County from 10:00 p.m. each night through 6:00 a.m. the next morning, until canceled or revised. The curfew does not apply to persons:

• Working at essential establishments
• Going to or from their homes to work at essential establishments
• Making deliveries from essential establishments
• Walking their dogs within 250 feet of their residences
• Traveling to and from any sporting event sponsored by the NCAA, Major League Baseball, the National Football League, or any other national professional sports league or organization
• Traveling to or from any religious service.

Maryland:

On September 10, Governor Hogan announced the acquisition of 250,000 rapid point-of-care antigen tests, which will be deployed to nursing homes, assisted-living facilities, and correctional and juvenile detention centers across the state. The purchase makes Maryland the first state in a bipartisan interstate testing compact to move forward with ordering rapid antigen tests. Nearly all of the ten states participating in the compact – the first of its kind during the COVID-19 pandemic –have signed letters of commitment for the purchase of the rapid tests.

New York:

Governor Andrew M. Cuomo announced on September 10 that indoor dining in New York City will be allowed to resume beginning September 30 with a 25 percent occupancy limit. All restaurants that choose to reopen will be subject to strict safety protocols, including temperature checks, contact information for tracing, face coverings when not seated and other safety protocols. Bar service will not be permitted, and restaurants will close at midnight. Guidelines will be reassessed based on the data by November 1. If the infection rate does not increase, restaurants may be permitted to go to 50 percent capacity. The State will monitor any positivity increase on an ongoing basis and potentially reassess if necessary. Business guidance for indoor dining in New York City is available here.

Ohio:

On September 10, Governor Mike DeWine named Joan Duwve, M.D., MPH, the director of the Ohio Department of Health.

September 9, 2020

Arizona:

Governor Ducey issued an Enhanced Surveillance Advisory, which, in addition to requiring all licensed hospitals to report information relating to COVID-19 confirmed patients to the Arizona Department of Health Services every twenty-four hours, also requires the reporting of data relating to influenza positive patients, including the number of patients and number of ventilators and ICU beds in use by such patients. Hospitals must continue to implement plans to ensure sufficient staffing levels are maintained for every licensed and proposed surge intensive care unit and medical surgical bed. The order terminates automatically after 60 days, unless renewed.

Arkansas:

The Arkansas Department of Health modified a Directive on Resuming Restaurant Dine-in Operations for Phase II on September 9, 2020. According to the modified directive, dine-in service under Phase II is expanded in accordance with following limitations:

• Seating in dine-in operations is limited to 66% of total seating capacity (this includes indoor and outdoor dining areas);
• Seating shall remain adjusted to maintain six feet between occupied seats at adjacent tables;
• Self-service operations (e.g., salad bars, buffets, condiment bars) may now operate with the following limitations:
  • Six feet must be maintained between customers at the buffet area.
  • The facility should provide an employee to ensure social distancing is maintained.
  • Masks are required for all persons in the self-service area.
  • Hand sanitizer and single-use gloves must be provided at all entrances of the self-service area.
  • Signs must be posted in the self-service area stating: “Use of hand sanitizer and food service gloves is required for all patrons in this area—Please use a new plate and a new glove for each trip to the buffet/salad bar.”
  • Serving utensils must be replaced every 60 minutes and/or every time a food item is replaced on the buffet.

Kansas:

On September 9, 2020, Governor Kelly announced that the Kansas Division of Emergency Management has launched a new Business Personal Protective Equipment Stopgap program, which will provide PPE to businesses experiencing delays in purchased equipment. Businesses that ordered PPE but are experiencing a backorder or delayed delivery date on their purchase may access this program and expect delivery of items, if available, within a few days.

Maryland:

On September 9, Governor Hogan announced that Maryland’s 24 local jurisdictions can begin applying for $16 million in Maryland Eviction Prevention Partnership grants, which will help support local rental assistance programs across the state. Through the Maryland Eviction Prevention Partnership, the Maryland Department of Housing and Community Development (DHCD) is awarding federal Community Development Block Grant (CDBG) funding across local jurisdictions in Maryland to prevent evictions. Applications are due October 2. Governor Hogan also launched the Assisted Housing Relief Program, an eviction prevention program intended to help bring rental delinquencies current by providing rent rebates paid directly to the property management company. The program serves rental units in multifamily projects financed by DHCD’s Community Development Administration using state funds or federal resources, such as the Low-Income Housing Tax Credit program where the unit rent is controlled. The program remains open for applications.

Missouri:

(St. Louis City): St. Louis City issued a Health Commissioner Order No. 14, which took effect on September 8, 2020, and modified and extended the effective date of Order No. 13, and remains in effect until extended, rescinded, superseded, or amended. As a reminder, the provisions of Order No. 13 are:

• Bars, restaurants, and nightclubs must:
  • Limit capacity to 50% of their permitted occupancy and
  • Must be closed by 11:00 PM.
• Large venues must limit their capacity to 50% of their permitted occupancy.
• All Businesses that are closed as a result of a public health order may:
  • Maintain inventory and
  • Process payroll or employee benefits.

Nebraska:

On September 9, 2020, Governor Ricketts announced that most of the state will move into Phase 4 of Nebraska’s reopening plan, starting Monday September 14, 2020. All counties except Lancaster County will move into Phase 4, which loosens restrictions to allow outdoor venues to have 100% occupancy and indoor venues to have 75% capacity. Events of 500 or more individuals still must check with local public health directors to ensure precautions are in place. All other restrictions regarding bars and restaurants, childcare facilities, churches, gyms, salons/barber shops, sports, and wedding and funeral reception venues will be removed.

North Carolina:

On September 9, Governor Cooper announced nearly $40 million in funding for NC Student Connect, a new partnership created to address internet connectivity gaps that are a barrier to remote learning for many North Carolina students.

On September 4, Governor Cooper along with the N.C. Department of Information Technology (NCDIT) and its Broadband Infrastructure Office (BIO) announced five new projects that will expand high-speed internet access for residents in Columbus, Duplin and Graham counties. The projects are made possible by more than $4 million in supplemental GREAT grant funding through the COVID-19 Recovery Act.

Governor Cooper also signed House Bill 1105, the Coronavirus Relief Act 3.0 into law, which allocates nearly $1 billion in federal relief funds. The act includes additional unemployment benefits, stimulus checks for parents, and provides more access to private school voucher programs. Additionally, it allows up to 3,800 more students to attend the state’s two virtual charter schools.

North Dakota:

On September 9, the North Dakota Department of Commerce announced award recipients of the ND Smart Restart Technical Skills Training Grant. The Department has approved $1 million in Coronavirus Aid, Relief and Economic Security (CARES) Act funding to administer the ND Smart Restart Technical Skills Training Grant, which is designed to support accelerated skills-based and hands-on workforce training programs that prepare displaced workers for full-time employment in North Dakota.

Grant recipients in the first round of funding:

• Emerging Digital Academy software development training, $100,000
• North Dakota State College of Science – TrainND CDL training, $30,000
• NESET Consulting Services Tioga Wind Turbine Technician Training, $48,265
• Sanford Health nursing assistant training, $100,000

Funding is still available, and a second application window is open now through September 23, 2020. New programs and existing programs that began after March 1, 2020, may qualify for this grant to support operating expenses and scholarships for participants.

More information and the application for the ND Smart Restart Technical Skills Training Grant can be found here.

Ohio:

On September 9, Governor DeWine announced that thousands of Ohio children, who qualify for free or reduced-price meals but are currently learning remotely, will soon receive additional money to purchase nutritious foods through the Pandemic Electronic Benefit Transfer (P-EBT) program made possible by the Federal Families First Coronavirus Response Act.

On September 4, Governor DeWine announced that the Director’s Order Requiring Reporting and Notification Regarding COVID-19 Cases in Kindergarten through Twelfth Grade Schools had been signed. The order requires parents or guardians of students and school staff who have been diagnosed with COVID-19, whether through lab test or through clinical examination, to notify their school no later than twenty-four hours after receiving a confirmed diagnosis. The school district or school must name a COVID-19 coordinator to facilitate reporting of case information to the local health department.

South Dakota:

On September 9, Governor Noem announced $400 million in CARES Act Funding for eligible businesses. To qualify for funding, a business must be located in South Dakota, have at least $50,000 in gross revenue for 2019, and have experienced at least a 25% reduction in business between March and May 2020 due to COVID-19. Businesses may apply to receive up to $100,000 in funding between October 12-23, 2020. Please note any Paycheck Protection Program (“PPP”) funds or other coronavirus-related money dispersed to an eligible business will be taken into consideration. More information on the framework for this grant is available here.

September 8, 2020

California:

Governor Newsom issued Executive Order N-78-70 before Labor Day in a continued effort to protect the State’s consumers against possible price gauging for certain essential goods. The order limits the ability of businesses or individuals to increase the prices for those goods from now until March 4, 2021.

The order creates two limitations on price increases. First, if business sold any of the below goods on February 4, 2020, the business cannot increase the costs of those goods by more than 10 percent above the price it sold those goods for on February 4, 2020. Next, if the business did not sell one or more of the goods on February 4, 2020, then the business cannot sell the good a price that is 50 percent greater than (a) the cost to procure the good or (b) the costs produce and sell the good.

The goods covered by the order are food items, consumer goods, medical or emergency supplies, and any other materials designated as Scarce or Threatened Materials under Defense Production Act.

Colorado:

Over the Labor Day weekend, Governor Polis extended several previous executive orders.

Executive Order D 2020 178 extends the Governor’s “Protecting Our Neighbors” executive order, which establishes a process through which counties may exempt themselves from the restrictions imposed under the State’s safer-at-home order. Under the Protect Our Neighbors order, counties must demonstrate strong underlying public health and health care capacity that can respond to larger outbreaks; strong compliance with statewide standards; and the ability to enforce guidelines and public health orders. The order will expire on October 5, 2020.

The order also reiterates that the following individuals are considered vulnerable:

1. Individuals who are sixty-five (65) years and older;
2. Individuals who have cancer;
3. Individuals who have chronic kidney disease;
4. Individuals who have chronic obstructive pulmonary disease;
5. Individuals who are immunocompromised;
6. Individual who have a body mass index of 30 or higher;
7. Individuals who have serious heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies;
8. Individuals who have Sickle cell disease;
9. Individuals who have Type 2 diabetes mellitus; and
10. Individuals determined to be high risk by a licensed healthcare provider.

Executive Order D 2020 179 extends the Governor’s previous orders limiting in-person contact during the upcoming elections. The order will remain in effect until October 7, 2020.

Finally, Executive Order D 2020 181 extends the relief previously given to public utility customers to lessen the economic pressure placed on them by the pandemic. The relief includes: the waiver of reconnection fees; the suspension of the accrual of late payment fees for residential and small business consumers; and direction to the Colorado Public Utilities Commission to provide guidance to and work with utility providers to develop aid programs for customers. The order will expire on October 7, 2020.

Connecticut:

On September 4, Governor Lamont passed Executive Order No. 9 which took the following actions:

• Allowed Commissioners of Early Childhood and Education to issue operational rules, and
• Extended the prohibition on sale of alcohol by certain permittees without the sale of food.

On September 8, Governor Lamont passed Executive Order No. 9A which took the following actions:

• Reissued and extended COVID-19 executive orders to November 9, 2020; and
• Extended agency and municipality orders of concurrent duration with public health and civil preparedness emergencies.

The regional travel advisory between Connecticut, New Jersey, and New York that directs incoming travelers from states with a significant community spread of COVID-19 to self-quarantine for a 14-day period was updated and now includes Delaware, Maryland, Ohio, and West Virginia on the list of impacted locations. Meanwhile, Puerto Rico and the U.S. Virgin Islands have been removed from the list.

Delaware:

Effective September 4, Governor Carney signed the 27th modification to his State of Emergency, combining all active COVID-19 restrictions into a single order. Governor Carney’s modification also formalizes the latest restrictions around bar service in Delaware beach communities and requires that businesses more strictly enforce face covering requirements among their employees.

District of Columbia:

On September 8, DC Health released an updated list of high-risk states. Individuals entering D.C. from non-essential travel from a high risk state must self-quarantine according to Mayor Bowser’s Order 2020-081 issued July 24, 2020. States that were added include Montana and Ohio. States that were removed include Alaska and Arizona. This list should be used until September 21, when an updated list will be posted on coronavirus.dc.gov.

Florida:

On September 4, Governor DeSantis issued an Executive Order authorizing Palm Beach County to move to Phase 2 of the “Safe. Smart. Step-by-Step-by-Step. Plan for Florida’s Recovery.” Governor DeSantis also issued an Executive Order extending the state of emergency for an additional 60 days for the entire state of Florida.

(Broward County): On September 2, County Administrator Bertha Henry issued a Declaration of Emergency which extends the local State of Emergency for an additional 7 days from 9:00 am on September 8, 2020.

(Palm Beach County): On September 2, Mayor Kerner issued a Declaration of Continuing State of Emergency which further extends the state of emergency through September 11, 2020.

(Palm Beach County): On September 3, County Administrator Verdenia Baker issued an Emergency Order which changes the range of hours during which food and/or alcohol may not be served for on premise consumption to between 12:00 a.m. and 5:00 a.m. The Order also removes tattooing, body piercing, and tanning business establishments from the list of businesses that remain closed. The order takes effect on September 4, 2020 and expires upon expiration of the existing State of Local Emergency.

(Palm Beach County): On September 4, County Administrator Verdenia Baker issued an Emergency Order authorizing the following businesses to re-open, in accordance with all applicable CDC Guidelines, prior executive and emergency orders, and business-specific requirements outlined in the order, which include capacity restrictions:

• Bowling alleys
• Escape rooms
• Movie theatres
• Playhouses (with less than 400 seats)
• Skating centers
• Trampoline centers
• Other indoor entertainment venues
• Restaurants and food establishments, including clubhouses, banquet halls, and ballrooms which provide seated meal services.

In-store retail sales establishments, museums and libraries, personal services establishments (such as tanning, tattooing, body piercing, license acupuncture and massage), and gym and fitness centers may operate at full capacity, provided parties are limited to no more than 10 and are spaced at least 6 feet apart. Auditoriums, bingo parlors, comedy clubs, concert houses, bars, night clubs, smoking bars, arcades, and billiard halls licensed as bars are among the list of businesses that remain closed. The order takes effect on September 8, 2020 and expires upon expiration of the existing State of Local Emergency.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Kentucky effective Friday, September 11 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents for two consecutive weeks. Recently, California and Puerto Rico were removed from the list having both dropped below the 15 daily cases per 100k residents threshold.

Kansas:

(Wyandotte County-Kansas City): On September 4, 2020, the Unified Government Public Health Department released new recommendations for fall sports in Wyandotte County. For school activities, the Department recommends:

• maintaining “cohorts” of students and a limited number of faculty that remain together; and
• maintaining group cohorting for both sports and in-person academic programming, or utilizing remote academic learning.

For non-school activities (such as private clubs), the Department recommends remote learning programs.

(Sedgwick County): On September 3, 2020, the Sedgwick County Local Health Officer released an Emergency Public Health Order. The Order goes into effect September 9, 2020, and requires all persons within the county to wear face coverings while:

• inside any indoor or outdoor public space where 6-feet of distancing is not possible;
• in line to enter an indoor public space;
• obtaining services from a healthcare sector provider; and
• waiting for or riding on public transportation or any ride-sharing vehicle.

The Order further requires all businesses, organizations, and non-profits within the county to require employees, customers, and visitors to wear a face covering in any space visited by the public, and in any space where food is prepared or packaged. Exemptions from the Order include:

• Children five years or under;
• Persons with a medical or mental health condition that prevents wearing a face covering;
• Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication;
• Persons seated at a restaurant, provided they maintain a 6-foot distance from other parties;
• Athletes engaged in organized sports allowing 6-feet of distance with only infrequent moments of closer proximity;
• Individuals participating in strenuous exercise that allows 6-feet of distance; and
• Persons engaged in a court-related proceeding.

Maryland:

On September 8, Governor Hogan issued a renewal of the State of Emergency due to COVID-19. The Order, effective immediately, provides that the State Board of Elections may establish alternate voting centers for the General Election. It also provides that the applicable COVID-19 Guidance published by the U.S. Centers for Disease Control should be complied with to the maximum extent practicable in preparation for the General Election.

Nebraska:

(Omaha): On September 3, 2020, Mayor Stothert announced that she has directed the Finance Department to forgive late fees on restaurant tax payments due from March through the end of 2020. Owners currently delinquent will no longer be charged these fees, and those who have already paid penalties will be credited for the amount paid. To be eligible for this waiver, all restaurant taxes must be paid by December 31, 2020.

Nevada:

On September 3, Nevada Health Response released an updated list of counties that are considered to have an elevated risk of transmission of COVID-19. In accordance with Nevada’s New Normal Plan, counties on the high transmission risk list must create action plans targeting sources of infection and community spread and submit the plans for review and approval by the Nevada COVID-19 Mitigation and Management Task Force. Humboldt County did not meet the high-risk criteria for the second week in a row, and the following 7 counties remain flagged as high-risk counties: Churchill County, Elko County, Washoe County, Clark County, Nye County, Lander County, and Lyon County.

New Jersey:

Governor Murphy and State Police Superintendent Colonel Callahan today announced Administrative Order 2020-21, which clarifies that health club facilities located in hotels, motels, condominiums, cooperatives, corporate offices, and other businesses can open their indoor premises. The Order also states that health club facilities that are open to the public, and not only to guests, residents, and employees, must conform to the provisions of Paragraph 1 of Executive Order No. 181 (2020) and associated guidance issued by the New Jersey Department of Health.

Governor Murphy also advised individuals traveling to New Jersey from states or territories with significant community spread of COVID-19 to quarantine for a 14-day period from the time of last contact within the identified state or territory. The updated advisory includes four additional states — Delaware, Maryland, Ohio and West Virginia — with Puerto Rico and U.S. Virgin Islands removed from the list, bringing the total to 35 states and territories. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

As of Tuesday, September 8, there are currently 35 states and territories that meet the criteria stated above: Alabama; Alaska; Arkansas; California; Delaware; Florida; Georgia; Guam; Hawaii; Iowa; Idaho; Indiana; Illinois; Kansas; Kentucky; Louisiana; Maryland; Minnesota; Missouri; Mississippi; Montana; North Carolina; North Dakota; Nebraska; Nevada; Ohio; Oklahoma; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; Wisconsin; and West Virginia.

New Mexico:

The New Mexico Department of Public Health issued a revised Public Health Order effective September 4, 2020. The order allows “places of lodging,” which includes all hotels, motels, RV parks, and short-term vacation rentals, to increase their maximum occupancy from 50% to 75% of their maximum occupancy. To operate at this increased capacity, places of lodging must undergo the State’s safe-certified training program. The public health order expires on October 2, 2020.

Governor Grisham also revised the State’s existing quarantine mandate for all persons entering New Mexico. Under Executive Order 2020-063, individuals arriving from a state with a positive test rate higher 80 per 1,000,000 residents or a test positivity rate greater than or equal to 5%, over a seven-day rolling average, or from outside the United States must self-quarantine for 14 days. If, however, the individual can provide a negative test result taken within 72 hours before or after their arrival, then that individual is not subject to the self-quarantine requirement. Individuals arriving from a state that with test positivity rates that are below the above thresholds are advised to self-quarantine for 14 days. The order remains in effect until rescinded.

The mandatory self-quarantine does not apply to the following:

• Persons employed by airlines;
• Persons performing public safety or public health functions;
• Military personnel and their dependents;
• Federal employees;
• Persons employed by a federal agency or national defense contractor;
• Emergency first responders and health care workers;
• Persons arriving in the state pursuant to a court order;
• Persons who are employed or contracted by an essential business, as defined in the state’s operative emergency public health order, who are traveling into New Mexico to conduct business activities;
• New Mexico residents who have left the state for less than 24 hours for matters attendant to parenting responsibilities; and
• New Mexico residents who have left the state to obtain medical care.

New York:

Governor Cuomo today announced four additional states—Delaware, Maryland, Ohio and West Virginia—meet the metrics to qualify for New York State's COVID-19 travel advisory. Puerto Rico and the United States Virgin Islands have been removed. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

Oregon:

On September 3, Governor Brown announced that Baker County has succeeded in reducing the spread of COVID-19 sufficiently enough to be removed from the County Watch List. In addition, Governor Brown announced a new prerequisite for counties entering Phase 2 – counties with more than 100 cases must have their case counts reduced to 100 cases or less per 100,000 people per week – and accordingly, Morrow and Umatilla Counties will remain in Phase 1.

Pennsylvania:

Governor Tom Wolf announced that restaurants may increase indoor occupancy to 50 percent starting September 21. To ensure that these businesses operate safely as Pennsylvania continues to mitigate the spread of COVID-19, and to instill customers and employees with confidence knowing that they can dine safely, restaurants will commit to strictly complying to all public health safety guidelines and orders through a self-certification process. Restaurants that self-certify will appear in the Open & Certified Pennsylvania searchable online database of certified restaurants across the commonwealth. Consumers will be able to access this database and find certified businesses in their area, ensuring that consumers can make more informed choices about the food establishments they are looking to patronize.

The self-certification documents and information about the Open & Certified Pennsylvania program can be found online starting September 21 and will contain the following:

• A list of requirements contained in the current restaurant industry guidance and enforcement efforts;
• A statement that the owner has reviewed and agrees to follow these requirements;
• The business’ maximum indoor occupancy number based on the fire code; and
• A statement that the owner understands that the certification is subject to penalties for unsworn falsification to authorities.

Any restaurant that wishes to increase to 50 percent indoor capacity on September 21 must complete the online self-certification process by October 5. Business owners should keep a copy of the self-certification confirmation they will receive by e-mail. Social distancing, masking, and other mitigation measures must be employed to protect workers and patrons. Further, starting September 21 restaurants that have alcohol sales will close alcohol sales at 10:00 PM.

Rhode Island:

Governor Raimondo issued Executive Order 20-71 on September 2, 2020. Effective September 3, 2020 until October 3, 2020, anyone clinically diagnosed with COVID-19 by a licensed health care practitioner must immediately self-isolate in accordance with the CDC guidance. Additionally, anyone who knows they have been within 6 feet of a person clinically diagnosed with COVID must immediately self-quarantine for 14 days. Instructions for self-isolation and self-quarantine can be found on the Rhode Island Department of Health’s website here. This Executive Order supersedes Executive Order 20-20.

Governor Raimondo also issued Executive Order 20-73 on September 4, 2020. Effective September 7, 2020 until October 7, 2020, the following executive order is extended: Executive Order 20-61 (Fifty-Sixth Supplemental Emergency Declaration – Early Closure of Bars).

South Dakota:

Before the Labor Day Holiday weekend, Governor Noem announced $75 million in CARES Act Funding for K-12 schools. This equates to about $500 per student. South Dakota’s elementary and secondary schools also received $41 million from the U.S. Department of Education and another $5.7 million from the Governor’s Emergency Relief Funds is earmarked for disbursement.

Texas:

On September 7, 2020, Governor Abbott extended his Disaster Declaration for all Texas counties in response to COVID-19. The Disaster Declaration, originally issued on March 13 and renewed on April 12, May 13, June 11, and July 10, and August 8, provides the state with resources to respond to the COVID-19 pandemic. (According to Section 418.014 of the Texas Government Code, a state of disaster may not continue for more than 30 days unless renewed by the Governor).

Washington:

On September 4, Governor Inslee issued a proclamation related to public Department of Natural Resources (DNR) meetings that occur during the ongoing COVID-19 pandemic. Proclamation 20-71 waives the in-person meeting requirements for the DNR. These statutes are located in DNR’s statutes, not within the Open Public Meetings Act (OPMA). This waiver is identical to the waiver in the OPMA proclamation, which waives open in-person meeting requirements though guarantees public access to observe agency proceedings through, at a minimum, telephonic access.

West Virginia:

On September 4, Governor Justice signed Executive Order 68-20 which established the requirement that private and public Pre-K-12 schools follow the DHHR County Alert System map as it relates to any limitations or prohibitions on occupancy of such educational institutions for in-person instruction and/or athletic and extracurricular activities.

September 3, 2020

California:

On August 28, the California Department of Public Health (“CDPH”) ditched its County Monitoring List in favor a new system for evaluating county-by-county re-openings on August 28, 2020. The so-called “Blueprint for a Safer Economy”, which takes effect on August 31, 2020, establishes four new re-opening categories that have varying impacts on the operation of the State’s economy.

The four categories are “Widespread Tier 1,” “Substantial Tier 2,” Moderate Tier 3,” and “Minimal Tier 4,” with Tier 1 being the most restrictive for businesses. The Blueprint defines each tier or category by establishing minimum thresholds for the number new cases per day and rate at which those cases are positive for coronavirus. For example, a county falls within Tier 1 if (a) the number of new cases per 100,000 people exceed seven, using a seven-day average, and (b) the average testing-positivity rate exceeds eight percent over the past seven days.

Counties may progress to a less-restrictive tier if it satisfies two requirements. First, the county must be in its present tier for at least three weeks. Next, the county must satisfy the new-case and test-positivity thresholds of the next tier for two consecutive weeks. And a county may move to a more restrictive tier if its coronavirus data satisfies the more restrictive tier’s thresholds for two consecutive weeks. CDPH will assess its county data on a weekly basis.

The restrictions on business activity vary by business sector within each Tier. In addition to complying with the express limitations for a particular sector, the business must also comply with CDPH’s existing guidance for the operation of that sector, including adopting social distancing and other familiar workplace restrictions. Below is sample of the operational restrictions imposed by each Tier:

Thirty-eight of the State’s 58 counties are presently in Tier 1 and another eight counties are in Tier 2. So, for most of the state, business will remain under relatively stringent operational limitations for the next several weeks.

Colorado:

Governor Polis extended the state of disaster emergency for Colorado until October 2, 2020, which reauthorizes a number of state agencies to issue orders aimed at protecting the State’s residents from the pandemic and mitigating its spread.

Delaware:

On September 3, Governor Carney formally extended the State of Emergency declaration another 30 days to confront community spread of COVID-19. Delaware state law requires a governor officially extend a state of emergency every 30 days.

District of Columbia:

Earlier this summer, on July 22, The Mayor issued an order requiring masks in the District of Columbia to prevent the spread of COVID-19. The order, effective immediately, requires that persons must wear masks in common areas of apartments, condominiums, and cooperatives. It also requires businesses, office buildings, and other establishments open to members of the public to post signage on their exterior doors that a person may not enter unless such person is wearing a mask. Businesses, office buildings, and other public establishments are also required to exclude or attempt to eject persons who are not wearing masks. The order also requires that employers shall provide masks to their employees. Usage of masks is also required when persons are likely to come within six feet of another person and when a person is using public transportation. The order provides a list of exceptions to the foregoing requirements including an exception for when individuals are eating or drinking or when a person is in an enclosed office space.

On August 24, The DC Department of Health released an updated list of “high-risk” states. Individuals entering DC from non-essential travel from a high risk state must self-quarantine according to Mayor Bowser’s Order 2020-081 issued July 24, 2020. This list should be used until September 8, when an updated list will be posted.

Finally, on August 5, The District issued a guidance on school reopening including recommendations for healthy practices and requirements that schools perform a daily health screen for all students and staff entering the building. All students and staff must wear non-medical face coverings or face masks at all times while at school.

Florida:

(Miami-Dade County): On September 2, Mayor Gimenez issued an Executive Order extending the state of local emergency for an additional 7-day period, beginning on September 3, 2020.

Iowa:

On September 3, the Iowa Workforce Development announced it has begun accepting applications under the Lost Wages Assistance (“LWA”) program. In order to be eligible for the LWA program, applicants must be unemployed, partially unemployed, or unable or unavailable to work due to disruptions caused by COVID-19. Additionally, the applicant must have been eligible for at least $100 per week in unemployment benefits as of August 1, 2020. Eligible claimants will receive an additional $300 per week and the first payment will include retroactive payments to the week ending on August 1, 2020. The LWA program will expire when the first of the following occurs:

1. FEMA expends $44 billion from the Disaster Relief Fund;
2. The balance of the Disaster Relief Fund decreases to $25 billion or less;
3. Congress enacts legislation that provides supplemental federal unemployment compensation or similar compensation for unemployed or underemployed individuals due to the COVID-19 pandemic; or
4. December 27, 2020.

Applicants may apply for the LWA program here.

Kansas:

On September 2, 2020, Governor Kelly announced that beginning Wednesday, September 9, the state will begin to release the names and locations of active COVID-19 outbreaks within the state. Active locations will be released when there are five (5) or more confirmed cases associated to a location. For private businesses, the name of the business will only be released if there are twenty (20) or more cases. This information will be published weekly on Wednesdays, on the COVID-19 dashboard on the Kansas Department of Health and Environment website.

(Johnson County): On September 3, 2020, the Johnson County Department of Health and Environment released new restaurant guidance to help restaurants understand the safety precautions in place and what to do should a worker test positive for COVID-19.

Maine:

On September 2, 2020, Governor Mills signed a proclamation extending Maine’s state of civil emergency through October 1, 2020.

Maryland:

On September 1, Governor Hogan announced that Maryland will enter Stage Three of COVID-19 Recovery, and issued a corresponding Order Amending and Restating its August 3, 2020 order Allowing Reopening of Certain Businesses and Facilities, Subject to Local Regulation, and Generally Requiring Use of Face Coverings. The proclamation, effective immediately authorized the Secretary of Health to issue directives under the Order to prevent and reduce the spread of COVID-19, including prohibitions on congregating in groups. It provides that outdoor public spaces (such as parks and playgrounds) may be opened to the general public subject to certain requirements to consult with a local health officer. The order provides that religious facilities, retail establishments, and malls may open at 75% capacity of maximum occupancy (an increase from the previous 50%). A full list of businesses allowed to reopen, and the various restrictions applicable to such businesses can be found in the order. All such reopenings are subject to the discretion of local jurisdictions, which may opt out. The order also provides that all persons in Maryland over the age of 5 must wear a face covering when in public transportation, indoors in a public location (such as a religious facility or restaurant), outdoors and unable to maintain 6’ of social distance, obtaining healthcare services, or engaged in work in public areas or in food preparation or packaging.

On August 27, Governor Hogan announced that every County school system is fully authorized to begin safely reopening pursuant to guidance and benchmarks issued by the Maryland Department of Health in collaboration with the Maryland State Department of Education.

Governor Hogan also previously issued a Renewal of Declaration of State of Emergency due to COVID-19 on Monday, August 10, 2020. The proclamation, effective immediately, renewed the original State of Emergency dated March 5, 2020. The proclamation also provides that in preparation for and execution of the General Election, the applicable COVID-19 guidance published by the U.S. Center for Disease Control and Prevention and the Maryland Department of Health must be complied with to the maximum extent possible. The Order also provides for additional voting centers for the November 3 General Election.

New Mexico:

New Mexico Department of Public Health issued a revised Public Health Order on August 27, 2020. The order modifies the Department’s prior order in several key respects, which moderately lessen the restrictions on houses of worship, restaurants, and mass gatherings. The order remains in effect until September 18, 2020.

The revised order authorizes the following business and social activities:

• Houses of worship may now operate at 40 percent of maximum occupancy of any enclosed building, an increase from 25 percent, in accordance with COVID-Safe Practices;

• Food and drink establishments (including restaurants, breweries, wineries, distillers, cafes, coffee shops or other similar establishments) may provide indoor dining service at 25 percent of maximum occupancy, in accordance with COVID-Safe Practices; tables – inside or outside – must be spaced at least six feet apart, and no more than six patrons are permitted at a single table;

• Museums with static displays may operate at 25 percent capacity, while museums with interactive and/or immersive displays must remain closed, museums; and

• Mass gatherings of more than 10 individuals are prohibited.

North Carolina:

On September 2, Governor Roy Cooper announced the North Carolina Department of Health and Human Services launched the NC Medicaid Optional COVID-19 Testing program, which will reimburse Medicaid providers for costs associated with COVID-19 testing of people without insurance. Federal funding will be available to cover 100% of costs directly related to COVID-19 testing, including both viral and serological or antibody tests, through the federal Families First Coronavirus Response Act. In North Carolina, Medicaid-enrolled providers may file directly with NC Medicaid for reimbursement for testing eligible uninsured individuals. Costs for COVID-19 tests will be covered retroactively up to three months if people were uninsured at the time of the test.

North Dakota:

On September 3, Governor Burgum announced changes to the COVID-19 risk levels for 21 of North Dakota’s 53 counties under the ND Smart Restart Plan. Eight counties – Barnes, Benson, Burleigh, Grand Forks, McLean, Morton, Stark and Williams – are moving from the low risk level (green) to the moderate risk level (yellow) under the ND Smart Restart color-coded health guidance. These counties currently account for 64 percent of North Dakota’s 2,437 active cases.

The county-by-county risk levels will take effect Friday, September 3 at 5 p.m. For those moving from low risk to moderate risk, the recommendation for capacity in bars and restaurants decreases from 75 percent to 50 percent and the recommendation for large gatherings would decrease from 75 percent occupancy up to 500 attendees, to 50 percent occupancy up to 250 attendees

The governor also signed two executive orders today:

• Executive Order 2020-40 allows qualified applicants wanting to practice dentistry in North Dakota to complete their patient-based clinical competency exam on a mannequin instead of a live patient, reducing the risk of virus spread.

• Executive Order 2020-42 allows for interim substitute teachers to remain in a classroom beyond the current limitation of 10 consecutive days.

Wyoming:

Governor Mark Gordan announced the extension of Wyoming’s public health orders through September 15. The orders continue to permit outdoor gatherings of 50% or less of the venue’s occupancy limit for a maximum of 1,000 people and indoor gatherings of 50 people with no restrictions or 250 people if social distancing and frequent sanitization is implemented. The orders for restaurants, fitness centers, performance spaces, and personal care services also remain unchanged.

September 2, 2020

Alabama:

Governor Ivey issued an amended Safer at Home order to extend the statewide mask mandate and existing COVID-19 health order until October 2. The order requires every person wear a mask or face covering over their mouth and nose when within six feet of a person from another household in public, or in an outdoor space where more than ten people are gathered together.

Illinois:

Governor Pritzker and the Illinois Department of Public Health announced additional COVID-19 mitigations to be implemented in Region 4 effective September 2. Region 4, also referred to as the Metro East region, consists of the following counties: Bond, Clinton, Madison, Monroe, Randolph, St. Clair and Washington. Tier 1 mitigations were instituted in Region 4 on August 18. With a current 7-day rolling test positivity average of 9.6%, Region 4 will now be subject to Tier 2 mitigations. These new mitigation requirements include:

• Bars
  • All bars close at 11:00 p.m. and may reopen no earlier than 6 a.m. the following day
  • No indoor service
  • All bar patrons should be seated at tables outside
  • No ordering, seating, or congregating at bar (bar stools should be removed)
  • Tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • No dancing or standing indoors
  • Reservations required for each party
  • No seating of multiple parties at one table
• Restaurants
  • All restaurants close at 11:00 p.m. and may reopen no earlier than 6:00 a.m. the following day
  • No indoor dining or bar service
  • Tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • Reservations required for each party
  • No seating of multiple parties at one table
• Meetings, social events and gatherings (including weddings, funerals, potlucks, etc.)
  • Limit to lesser of 25 guests or 25% of overall room capacity both indoors and outdoors
  • No party buses
  • Gaming and Casinos close at 11:00 p.m., are limited to 25 percent capacity, and follow mitigations for bars and restaurants, if applicable
• Organized group recreational activities (fitness centers, sports, etc.)
  • No change
  • All Sport Guidance effective August 15, 2020, remains in effect
  • Outdoor Activities (not included in the above exposure settings) continue per current DCEO guidance

Additional information on the COVID-19 mitigation tiers can be found here.

Massachusetts:

Governor Baker issued Order No. 49, which took effect on August 28, 2020, which will remain in effect until rescinded or until the state of emergency has ended. This order allows the Department of Early Education to provide rules and guidance for childcare programs providing for children participating in remote education.

Michigan:

Governor Whitmer signed three new executive orders today. Executive Order 2020-172, which rescinds Executive Order 2020-166, prohibits employers from discharging, disciplining, or otherwise retaliating against an employee for staying home when he or she is at particular risk of infecting others with COVID-19. Specifically, employers must treat such an employee as if he or she were taking medical leave under the Paid Medical Leave Act, 2018 PA 338, as amended, MCL 408.961 et seq.

Second, Governor Whitmer signed Executive Order 2020-173, which rescinds Executive Order 2020-158, encourages the use of electronic signatures and remote notarization, witnessing, and visitation during the COVID-19 pandemic. To effectuate this, strict compliance with the rules and procedures under the Uniform Electronic Transactions Act and the Uniform Real Property Electronic Recording Act are temporarily suspended. As such, a signature will not be defined legal effect or enforceability solely because it is in electronic form and if a law requires a signature, an electronic signature satisfies the law. This order will continue through September 30, 2020 at 11:59 p.m.

Lastly, Governor Whitmer signed Executive Order 2020-174 continues the visitation restrictions put into place under Executive Order 2020-156 through September 30, 2020 at 11:59 p.m. Specifically, all health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities must prohibit certain groups from entering their facilities, including any visitors that are not necessary for the provision of medical care and the support of activities of daily living. These facilities must also perform a health evaluation of all individuals that are not under the care of the facility each time the individual seeks to enter the facility.

Missouri:

(Clay County): Clay County issued Public Health Emergency Order 08212020, which took effect August 24, 2020, and will continue until further notice. Under this order, all provisions from Order No. 07012020 will continue. Additionally, the order exempts essential governmental functions, and specifically allows schools to open and youth sports to resume with COVID-19 related precautions.

(City of Columbia/ Boone County): The City of Columbia issued Order No. 2020-10 and Boone County issued Order No. 2020-10C, which took effect on August 28, 2020. The orders extend phase two of the reopening plans until September 17, 2020, at 11:59 p.m. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Must stop serving alcohol by 9:00 p.m. and must close by 10:00 p.m.
  • Are limited to ten persons per table
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Childcare services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

North Dakota:

The North Dakota Department of Health, in coordination with the North Dakota University System (“NDUS”), is encouraging students at colleges and universities to stay on campus for the Labor Day holiday. “We are concerned that students [who have a propensity for being asymptomatic] who travel home may unintentionally infect a family member. If we all work together and keep doing our part, we can fight the spread COVID-19” stated NDUS Chancellor Mark Hagerott. The NDUS, in collaboration with the North Dakota Department of Health, continues to hold mass testing events for COVID-19 in multiple locations across the state.

Rhode Island:

Governor Raimondo issued Executive Order 20-69 on September 2, 2020 that extends the following executive orders on September 3, 2020 until October 3, 2020:

• Executive Order 20-02 (Declaration of Disaster Emergency).
• Executive Order 20-06 (Fourth Supplemental Emergency Declaration - Expanding Access to Telemedicine Services).
• Executive Order 20-16 (Thirteenth Supplemental Emergency Declaration - Authorizing Waiver and Medicaid State Plan Amendments and Adjustments to Essential Provider Rates).
• Executive Order 20-17 (Fourteenth Supplemental Emergency Declaration - Testing, Critical Supplies and Hospital Capacity Reporting).
• Executive Order 20-19 (Sixteenth Supplemental Emergency Declaration - Increasing Access to Unemployment Insurance).
• Executive Order 20-60 (Fifty-Fifth Supplemental Emergency Declaration - Continuing to Require Cloth Face Coverings in Public).

Tennessee:

(Nashville/Davidson County): The Chief Medical Officer of Nashville/Davidson County issued Amended and Restated Order 11 for Nashville and Davidson County, which continues the pause in portions of phase III and extends hybrid phase III of the City and County Roadmap for Reopening Nashville. The Amended and Restated Order 11 continues most of the provisions of Order 11, which was effective August 16, 2020, but makes the following changes:

• Section 2 was revised to allow on-site activities to reopen at hospitality, sports and entertainment, venues, businesses and facilities with an occupancy limit of 1,500 or greater based on TN’s Building and Fire code.
• Section 4 was revised as follows:
  • Limited service restaurants and bars that hold an on-premise beer permit but not a license issued by the Tennessee ABC may increase the number of patrons on their premises to 50 patrons, so long as the number of patrons indoors is the lesser of 25 or 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code. Limited service restaurants and bars are subject to the same conditions applicable to restaurants, such as adhering to CDC guidance and City directives regarding social distancing, mask wearing, limited party size, and limits on live music and entertainment.
  • Restaurant bar counters may open to the public at 50% or less of seated counter capacity, subject to compliance with CDC guidance on social distancing between parties.
  • Water fountains are permitted in limited service restaurants and restaurants.
• Section 7 was revised and expanded to allow more people to attend more types of public gatherings. Community, civic and sporting events, parades, concerts, festivals, conventions, fundraisers, private gatherings and similar activities are now permitted at 30% or less of building capacity based on Tennessee’s Building and Fire Code up to a maximum of 125 people. Sponsors or hosts must file a written plan with the Health Department and obtain advance written approval and must comply with substantially the same conditions required of restaurants.
• Section 12 was revised to permit reopening of so-called “transpotainment.” Pedicabs and pedal carriages may operate at 50% capacity up to 10 people, and larger vehicles may operate at 50% capacity up to a maximum of 25 people, if the vehicle is equipped with seats attached to the vehicle and all passengers remain seated, or a maximum of 10 passengers if any passenger is permitted to stand. Businesses subject to Section 12 must comply with specific conditions, including that the businesses are closed between 10:30 p.m. and 5:00 a.m., no alcohol is to be consumed by any person in or on the vehicle, and no stops are permitted at any establishment that sells or serves food, beverages or alcohol.
• New Section 13 was added to permit sexually oriented establishments to reopen with the lesser of 25 patrons or 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code on premises, and subject to conditions substantially similar to the conditions applicable to restaurants.

West Virginia:

On September 2, Governor Justice announced that he issued an executive order, once again closing all bars in Monongalia County until further notice. The new closure comes two days after bars in Mon County were permitted to open their doors for the first time since mid-July.

Wisconsin:

(Dane County and Madison): On September 1, 2020, the Public Health Officer of Dane County and Madison issued Emergency Order #9 Amendment, which goes into effect on September 2, at 12:01 a.m. This Order outlines statistics which demonstrate that school-aged children contract COVID-19 at lower rates than older populations. Based on this data, the Public Health Office is permitting in-person student instruction for grades kindergarten through second grade, as well as students in any grade with a disability and/or an Individualized Education Program. However, grades third though twelfth are still required to conduct classes virtually. This order continues the limitations on taverns and mass gatherings and requirements for face coverings as outlined in Emergency Order 8, which went into effect on July 13, 2020. Both orders remain in effect until further notice.

September 1, 2020

Arizona:

On September 1, Governor Ducey issued Executive Order 2020-53, deferring the renewal requirements for Class D and Class M Arizona driver licenses that expire between March 1, 2020 and December 31, 2020, to one year from the expiration date printed on the original driver license card. The Order terminates on January 1, 2022.

California:

Governor Newsom and the State’s legislature acted at the end of August to expand the State’s eviction-relief efforts through the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act.

Under the legislation, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 to August 31, 2020, if the tenant provides a declaration of hardship according to the Act’s timelines. For a COVID-19 related hardship that accrues between September 1, 2020 to January 31, 2021, tenants must also pay at least 25 percent of the rent due to avoid eviction.

The Act does not, however, relieve tenants of their obligation to pay all rent owed to the landlord. Tenants remain responsible for those amounts, and the Act permits landlords to begin collecting unpaid amounts on March 1, 2021.

The legislation also extends anti-foreclosure protections in the Homeowner Bill of Rights to small landlords; provides new accountability and transparency provisions to protect small landlord borrowers who request CARES-compliant forbearance; and provides the borrower who is harmed by a material violation with a cause of action.

Connecticut:

On September 1, Governor Lamont Renewed COVID 19 Emergency Declarations. Governor Lamont authorized and directed the Commissioner of Public Health to delegate the powers regarding isolation or quarantine to municipal and district directors of public health, while concurrently retaining such authority.

Florida:

Governor DeSantis issued Executive Order 2020-211, which further extends the suspension of mortgage foreclosures and eviction actions on single-family residences which have been adversely affected by the COVID-19 emergency, until 12:01 a.m. on October 1, 2020.

Georgia:

On August 31, 2020, Governor Kemp signed Executive Order 08.31.20.01, which extends the Public Health State of Emergency until October 10, 2020 at 11:59 p.m. The Governor also issued Executive Order 08.31.20.02, which extends present COVID-19 guidelines and restrictions, including the provisions permitting mask mandates by certain local governments, until 11:59 p.m. on September 15, 2020. By extending the “Empowering A Healthy Georgia” Order, previous social distancing guidelines remain in effect, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Under the latest Order:

• All residents and visitors to Georgia are strongly encouraged to wear face coverings, and practice sanitation in accordance with the guidelines published by the Centers for Disease Control and Prevention.
• No business, establishment, corporation, organization or local government shall allow gatherings of 50+ people in a single location if to be present, persons are required to stand or be seated within 6 feet of any other person.
• Workers at all Restaurants and Dining Rooms are required to wear face coverings while interacting with patrons.
• Routine inspection timelines under the Georgia Administrative Rule 511-6-1-.10(2) may be extended by 120 days for any permit holder of a food service establishment maintaining an “A” food safety rating and was scheduled to have a routine inspection at any time between March 14, 2020, and September 10, 2020 (*please note that while the Executive Order is extended through September 15, this inspection extension only applies if a routine inspection is scheduled through September 10).
• Critical infrastructure and other businesses that continue in-person operation should (but are not required to) implement measures such as providing PPE to workers, providing disinfectant and sanitation products to workers, and increasing physical space between workers’ worksites to at least six feet.
• Gyms and fitness centers shall prohibit entrance to individuals diagnosed with COVID-19, having symptoms of COVID-19, or having had contract with a person having or suspected of having COVID-19.
• Schools can require faculty and workers to attend meetings or other necessary activities at a school or facility for the purpose of supporting distance learning, research, administration, maintenance, or preparation for the 2020-21 school year.
• Schools shall screen and evaluate students and workers exhibiting COVID-19 symptoms and require them to not report to school.
• Schools, subject to their discretion, may require workers and students to wear masks or face coverings while indoors on school property during school hours.
• Local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may impose a “Local Option Face Covering Requirement.”

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Hawaii, Nebraska, and North Carolina effective Friday, September 4 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents for two consecutive weeks.

Nebraska:

(Omaha): On September 1, 2020, the Omaha City Council voted to extend Omaha’s Mask Mandate to October 20, 2020. The mandate had been set to expire on September 15, 2020. The renewed Mandate is identical to the Mandate that has been in effect, with only three differences:

1. the signs required to be posted by public premises regarding masks are now required to be on a poster or paper with a minimum size of 8.5 inches by 11 inches, and to be written or typed in a legible font or typeface no smaller than 12 points;
2. an exemption has been added for individuals actively participating in a team sports activity, while the level of exertion makes it difficult to wear a face covering; and
3. the Mandate clarifies that the various exemptions to the Mandate do not forbid the owner of a public premises from implementing a more restrictive face covering policy.

Nevada:

On August 31, Governor Steve Sisolak signed Emergency Directive 031, which prohibits the initiation of a nonpayment of rent summary eviction action by service of a pay or quit notice for 45 days, through October 14, 2020 at 11:59 p.m. Emergency Directive 031 also terminates Emergency Directive 008 and Emergency Directive 025, both of which previously governed Nevada’s eviction moratorium. Guidance for tenants and landlords under Emergency Directive 031 can be found here.

New Hampshire:

On August 31, Governor Sununu issued an emergency order extending Executive Order 2020-04 until September 1, 2020. Executive Order 2020-04 declared a state of emergency due to Coronavirus (COVID-19).

New Jersey:

Governor Phil Murphy today advised individuals traveling to New Jersey from states or territories with significant community spread of COVID-19 to quarantine for a 14-day period from the time of last contact within the identified state or territory. The updated advisory includes two additional states Alaska and Montana, bringing the total to 33 states and territories. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average. As of Tuesday, September 1, there are currently 33 states and territories that meet the criteria stated above: Alabama; Alaska; Arkansas; California; Florida; Georgia; Guam; Hawaii; Iowa; Idaho; Indiana; Illinois; Kansas; Kentucky; Louisiana; Minnesota; Missouri; Mississippi; Montana; North Carolina; North Dakota; Nebraska; Nevada; Oklahoma; Puerto Rico; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; Virgin Islands; and Wisconsin.

Governor Murphy also signed Executive Order No. 183, which establishes rules for the resumption of indoor dining on Friday, September 4 at 6:00 a.m., provided businesses comply with the health and safety standards issued by the Department of Health. The Governor’s Executive Order also contains requirements for movie theaters and other indoor entertainment businesses, where the number of patrons for a performance will be limited to 25 percent capacity, up to a maximum of 150 people. The Governor’s Order also increases the limits for indoor gatherings that are religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services to 25 percent capacity with a maximum of 150 people, an increase from the current limit of 25 percent capacity with a maximum of 100 people. Other indoor gatherings, including house parties, remain at the limit of 25 percent capacity with a maximum of 25 people. The Governor’s Executive Order includes requirements for theaters and indoor performance venues to reopen to the public on Friday, September 4, which include:

1. Any particular showing is limited to 25 percent capacity with a maximum of 150 people;
2. Groups that buy tickets together can sit together, but must be at least 6 feet apart from all other groups; and
3. Individuals must wear masks, unless they are removing them to eat or drink concessions.

New York:

Governor Andrew M. Cuomo announced two additional states—Alaska and Montana—meet the metrics to qualify for New York State's COVID-19 travel advisory. No areas have been removed. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

North Carolina:

On August 31, Governor Roy Cooper signed Executive Order 162 to extend the limited hours on the sale of alcoholic drinks in North Carolina. As the state continues to fight the spread of COVID-19, the Order requires restaurants to end the sale of alcoholic beverages at 11 p.m. This Order will remain in effect through October 2, 2020.

On September 1, Governor Cooper announced that North Carolina will take a modest step forward and move into Phase 2.5 starting this Friday, September 4, at 5 p.m. Mask mandates and other prevention methods remain in effect. Changes under the Phase 2.5 Order includes:

• Mass gathering limits will increase to 25 people indoors and 50 people outdoors from the current limit of 10 indoors and 25 outdoors.
• Playgrounds may open.
• Museums and aquariums may open at 50% capacity.
• Gyms and indoor exercise facilities, such as yoga studios, martial arts, and rock climbing, as well as skating rinks, bowling alleys, indoor basketball, and volleyball, among others, may open at 30% capacity.
• Bars, nightclubs, movie theaters, indoor entertainment facilities, amusement parks, dance halls will remain closed.
• Large venues remain subject to the mass gathering limits.

In addition, NCDHHS Secretary Mandy Cohen issued a Secretarial Order allowing for outdoor visitation at nursing homes or skilled nursing facilities. To participate, nursing homes must meet several requirements, including, but not limited to: not having a current outbreak, having a testing plan and updated written Infection Control or Preparedness plan for COVID-19, and having adequate personal protective equipment. The Secretarial Order is effective as of September 4 at 5 p.m. and remains in effect through September 22, 2020.

North Dakota:

On August 31, FEMA Administrator Pete Gaynor announced that North Dakota’s application for a FEMA grant under the Lost Wages Assistance program had been approved. FEMA’s grant funding will allow North Dakota to provide $300 per week -- on top of their regular unemployment benefit -- to those unemployed due to COVID-19. FEMA will work with North Dakota Governor Doug Burgum to implement a system to make this funding available to North Dakota residents.

Oregon:

On September 1, Governor Brown extended her declaration of a state of emergency regarding COVID-19 for an additional 60 days, until November 3, 2020. This declaration provides the legal underpinnings to allow for Governor Brown’s executive orders to stay in effect. Governor Brown reviews and reevaluates each of her emergency orders every 60 days, to determine whether those orders should be continued, modified, or rescinded. The findings of this review process are listed in the executive order.

The Oregon Department of Consumer and Business Services announced on September 1 that Oregonians who were eligible for a standard special enrollment period to enroll in private health coverage, but missed this window due to COVID-19, can use the FEMA SEP to enroll in a plan. They would need to submit proof of their life change but do not need to submit proof that they have been affected by COVID-19.

On August 31, Governor Brown extended protections from foreclosure for Oregon homeowners and business owners through executive action, until December 31. Executive Order 20-37 will extend House Bill 4204’s current moratorium on foreclosures, as allowed by that legislation.

The Governor is also continuing to have conversations with community leaders and stakeholders to look at options surrounding a moratorium for evictions for renters, which does not expire until September 30.

The Legislature’s Emergency Board allocated $55 million for rent assistance through December, and $20 million for affordable housing operating support for OHCS partners. In April, the Emergency Board also allocated $12 million in emergency funding for safe shelter and rental assistance. Congress has also passed about $82 million in housing supports and other housing-related services for Oregonians, including funds for rental and utility assistance.

Pennsylvania:

Governor Tom Wolf signed a second renewal of his 90-day disaster declaration for the COVID-19 pandemic yesterday. He originally signed it March 6 following the announcement of the first two presumptive positive cases of the virus in the commonwealth. The emergency disaster declaration provides for increased support to state agencies involved in the continued response to the virus and recovery for the state during reopening. This includes expediting supply procurement and lifting certain regulations to allow for efficient and effective mitigation.

Tennessee:

(Nashville/Davidson County): The Chief Medical Director of Nashville/Davidson County issued the Second Amended and Restated Order 10 for Nashville and Davidson County, which continues the pause on portions of phase III and further modifies hybrid phase II of the City and County’s reopening plan. The Second Amended and Restated Order 10 applies only with respect to specified Downtown and Midtown areas and includes the following provisions:

• Prohibits the consumption and possession of alcohol outside of licensed premises
• Limits the number of patrons at licensed Limited Service Restaurants to 50 patrons on premises, with the lesser or 25 patrons or 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code permitted indoors
• Limits the number of patrons at licensed Restaurants to the lesser of 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code or 100 patrons per floor
• Limited Service Restaurants and Restaurants must also comply with numerous specified protocols, including but not limited to:
  • Distributing patrons equally through their space
  • Conforming with CDC and City guidance regarding mask wearing, hand sanitation, and other social distancing measures
  • No ancillary or participatory activities such as arcade games, darts, axe throwing, among others
  • All patrons must be off premises and the premises closed between 10:30 p.m. and 5:00 a.m.
• Bar counter areas may open at 50% or less of counter capacity and customers are not permitted to stand at the bar
• Live music and entertainment is permitted in accordance with issued guidelines, including that temperatures will be checked upon arrival, musicians will be staged at least 15 feet from patrons, no dance floor is permitted, and performers may not share equipment
• Bars having a beer permit but not a license issued by the Tennessee ABC may operate so long as they do not exceed 50 patrons on the premises, with the lesser of 25 patrons or 50% of the maximum capacity authorized by Tennessee’s Building and Fire Code permitted indoors

The Second Amended and Restated Order 10 is effective September 1, 2020 through September 30, 2020.

Washington:

On August 31, Governor Inslee announced nearly $190 million will be awarded from the state’s federal stimulus funding to local governments that did not receive direct distributions under the CARES Act.

The new funding for cities and counties comes on top of nearly $300 million that was distributed last spring to cities and counties with populations under 500,000 that were ineligible to receive direct funding from the federal government under the CARES Act.

Specific allocations to cities and counties will be released by the Department of Commerce in the coming days. Each county will receive a minimum distribution of $300,000 and each city will receive a minimum distribution of $30,000 from the state. The state Department of Health will distribute funding for local health jurisdictions.

August 31, 2020

Arkansas:

The Arkansas Department of Health updated its guidance regarding face coverings, which was initially effective on July 20, 2020. Under new guidance, masks with valves are not permitted, and bandanas and single-layer neck gaiters are strongly discouraged. If individuals wish to wear bandanas or neck gaiters, the Department of Health recommends doubling them in order to provide two layers of protection.

Connecticut:

On August 28, the Connecticut Judicial Branch announced that some court operations will resume at the following locations on Tuesday, September 8:

• Geographical Area No. 23 Courthouse at New Haven, 121 Elm Street
• Juvenile Matters at New Haven, 239 Whalley Avenue
• Juvenile Matters at Waterford, 978 Hartford Turnpike
• Juvenile Matters at Willimantic, 81 Columbia Avenue

A range of civil, criminal, family, and juvenile proceedings are being processed both by remote technology and within courthouses. Individuals entering a court facility must wear a face mask covering their mouth and nose. In addition, to allow for social distancing, the number of people allowed into a courthouse, courtroom, office, lobby, or corridor may be limited.

Florida:

Governor DeSantis issued Executive Order 20-210, which defers the renewal deadline through December 31, 2020, for the holder of any license, permit, registration, or certification issued by the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, for the purposes of engaging in the manufacturing, sale or distribution of alcoholic beverages in Florida, that has an existing renewal deadline that falls on or before December 31, 2020.

(Palm Beach County): County Administrator Verdenia Baker issued Emergency Order No. 22, which authorizes tattooing, body piercing, and tanning establishments to operate with appropriate safety guidelines outlined by the Florida Department of Health. The order takes effect on August 31, 2020 and expires upon the expiration of the existing State of Local Emergency.

(Miami-Dade County): Mayor Gimenez issued Emergency Order 18-20, which amends the reporting requirements applied to hospitals, to require that information be reported to the County only once a day (instead of twice a day), and which eliminates the requirement that hospitals report the age, gender, body mass index, and occupation of each COVID-19 positive patient admitted that day that is under 90 years old.

Mayor Gimenez also issued Emergency Order 28-20 which, effective August 31, 2020, permits retail, commercial, and any other establishment or facility to open provided: (1) facial covering, and other requirements relating to the posting of signage, sanitation, and social distancing are complied with; (2) activity-specific requirement stated in the “Moving To A New Normal Handbook” are satisfied; (3) facial covering requirements are met; and (4) entry of County or municipal personnel onto the establishment’s property for the sole purpose of inspection for compliance with the order is permitted. Establishments that are not in compliance with the order must immediately close and must satisfy stated criteria (which include closing for a minimum 24-hour period and taking all measures necessary to come into compliance with the order’s requirements). Restaurants and other food service establishments with seating for more than 8 people must close for on-premises dining between the start of curfew (determined by Emergency Order 27-20), and 6:00 am the next morning. Movie theatres, concert houses, convention spaces, auditoriums, playhouses, bowling alleys, arcades, indoor amusement facilities, adult entertainment, conventions, and other temporary events (except for outdoor events which may be held with appropriate social distancing, such as by attendees remaining in their own cars), must remain closed. Bars, pubs, night clubs, ball rooms, banquet halls, cocktail lounges, cabarets, hookah lounges, and breweries must also remain closed, provided that such venues, if licensed to do so, may only sell food and alcoholic beverages for onsite consumption, subject to the Handbook’s requirements. The order lifts social distancing and capacity limitation restrictions which apply to commercial lodging establishments and facilities designed as shelters, for the duration of an emergency, hurricane or tropical storm warning, if such a warning is issued, or a state of emergency is declared due to a tropical storm or hurricane, for all or part of the County

(Miami-Dade County): Mayor Gimenez issued an Executive Order extending the state of local emergency for an additional 7-day period, beginning on August 27, 2020.

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency, which extends the state of emergency in Palm Beach County through September 4, 2020.

(Palm Beach County): County Administrator Verdenia Baker issued Emergency Order No. 21 which, effective at 5:00 p.m. on August 27, 2020, amends the provisions of Emergency Orders 2020-007 and 2020-011 as they relate to public and private parks, to permit the following activities:

1. Skate parks and bicycle tracks may be open with supervision as determined by park management;
2. All park playgrounds, water playgrounds, play and exercise equipment may be open;
3. Water fountains may be open;
4. Volleyball courts may be open;
5. Campgrounds may begin taking reservations for stays on or after October 1, 2020;
6. Supervised sports facilities with lights may be open after sunset; and
7. Adult sports activities and leagues are permitted.

(Palm Beach County): County Administrator Verdenia Baker issued Emergency Order No. 20 which, effective August 23, 2020, extends Executive Order 2020-012’s requirements that facial coverings be worn by all persons, other than those specifically exempted, while in public spaces, while using the County’s transit services, while accessing governmental businesses, or whole obtaining goods and services from, or otherwise visiting or working in any business or establishment. The Order is extended through 12:01 am on September 22, 2020.

Hawaii:

(Honolulu City and County): With Governor Ige’s approval, Mayor Kirk Caldwell issued a Second Stay at Home/Work from Home Order. All individuals within the City are required to stay at home, except to participate in Essential Activities, Essential Governmental Functions, or to operate or visit Essential businesses. All businesses within the City, except for Essential Businesses, are required to cease all activities, except to maintain minimum basic operations. Businesses may continue operations which consist exclusively of employees or contractors working from home. Essential Businesses are required to maintain social distancing requirements. Essential businesses include, among others:

• Grocery stores,
• Food cultivation,
• Newspapers, television, radio, and other media services;
• Educational Institutions (including public and private K-12 schools, colleges, and universities), for the propose of facilitating distance learning, performing critical research, or performing essential functions, provider social distancing is maintained. The University of Hawaii System and State Department of Education are excepted from the Order’s restrictions on educational institutions.
• Businesses that supply produces for those working from home;
• Businesses that supply other Essential Businesses with the support or supplies necessary to operate
• Professional services, such as legal, accounting, insurance, or real estate services when necessary to assist in compliance with legally mandated activities;
• Critical trades

Indoor and outdoor social gatherings of any type and number of people are prohibited. Unless covered by the limited exceptions to the rule, all individuals within the City are required to wear face coverings while outdoors, if maintaining a physical distance of 6-feet from individuals of other households or living units is not feasible. Face coverings must be worn in indoor public spaces. The order prohibits singing and/or the playing of a wind instrument and similar activities but permits such activities if they are performed at a gathering/business/operation authorized under the order, and mitigation measures are taken (physical distancing and physical barriers). The order takes effect on August 27, 2020 and continues through September 9, 2020.

Kansas:

On August 27, 2020, Governor Kelly and several state agencies announced an effort to allocate $8 million in CARES Act funds to cover health care expenses for essential workers who have contracted COVID-19. Covered workers include health care professionals, emergency responders, food service workers, construction, child care providers, and agricultural workers. Covered workers who have incurred expenses related to COVID-19 may apply under the Kansas Hero Relief Program for up to $25,000 for uninsured individuals, or up to $15,000 for insured individuals.

On August 27, 2020, the Kansas Department of Health and Environment amended its travel quarantine list guidance to include Aruba. Anyone traveling to Aruba on or after August 27th must now quarantine for 14 days upon arrival back in Kansas.

(Johnson County): The deadline for Johnson County businesses and organizations to apply for personal protective equipment made available by the State of Kansas is Friday, September 4, 2020. All businesses and organizations are eligible and may receive disposable masks, face shields, and/or cloth reusable gowns.

Mississippi:

Governor Reeves extended the State’s Safe Return Order, created by Executive Order 1492, for another two weeks. The most recent amendments to the Safe Return Order created the state’s mask mandate (Executive Order 1516), and provided requirements and guidance regarding K-12 organized extracurricular events (Executive Order 1518) and college and university outdoor stadiums (Executive Order 1519). The text of the Executive Order has not been published, but it is expected to terminate on September 14, 2020 at 8 a.m., unless otherwise extended.

Nebraska:

(Douglas County): Free cloth masks are available to pick up at the Douglas County Health Department, weekdays, from 8:00 a.m. to 4:30 p.m.

Nevada:

On August 27, Nevada Health Response released an updated list of counties that are considered to have an elevated risk of transmission of COVID-19. In accordance with Nevada’s New Normal Plan, counties on the high transmission risk list must create action plans targeting sources of infection and community spread and submit the plans for review and approval by the Nevada COVID-19 Mitigation and Management Task Force. Humboldt County was removed from the list for the first time, and the following 6 counties remain flagged as high-risk counties: Churchill County, Elko County, Washoe County, Clark County, Nye County, Lander County.

North Dakota:

On August 26, Governor Burgum announced that North Dakota has applied to participate in the Lost Wages Assistance program created by President Donald Trump to ease the economic burden for those who have lost their employment because of the coronavirus pandemic. Job Service North Dakota submitted the state’s application to FEMA to participate in the program which provides an additional $300 to $400 per week in supplemental unemployment benefits, as part of FEMA’s authorization to spend up to $44 billion from the Disaster Relief Fund. “This program will provide much-needed assistance to North Dakotans who are facing unemployment through no fault of their own,” Burgum said.

To be eligible for Lost Wages Assistance, workers must self-certify that they were unemployed or partially unemployed due to disruptions caused by the COVID-19 pandemic as part of the initial unemployment insurance claims process or their required weekly recertifications. Burgum noted that North Dakota also reinstated its work registration and search requirements at the end of July for those seeking unemployment, after having suspended them in March when the pandemic hit North Dakota.

On August 25, the North Dakota Department of Human Services announced the creation of a new toolkit for parents of school-aged children called Parenting During a Pandemic. The North Dakota Behavior Health Division continues to develop new resources for not only parents, also for community members and professionals, making them available online at parentslead.org/COVID-19.

Ohio:

On August 31, Governor DeWine released this week's Ohio Public Health Advisory System map. New health data compiled by the Ohio Department of Health indicates that six counties currently have a very high risk of exposure and spread. This is the lowest number of Level 3 counties since the Ohio Public Health Advisory System was developed. Level 3 advises limiting travel to when necessary only and limiting attending gathering of any number.

• Increased to Level 3: Montgomery County
• Continue at Level 3: Erie, Lorain, Lucas, Mercer, and Preble Counties
• Decrease to Level 2: Clark, Clermont, Franklin, and Trumbull Counties
• Decrease to Level 1: Marion, Muskingum, Perry, and Sandusky Counties

Governor DeWine also announced that the Ohio Department of Health will be issuing an order that requires K-12 schools to establish a mechanism for parents and guardians to report confirmed cases of COVID-19 among their children. Schools should notify parents/guardians in writing about each case and include as much information as possible without disclosing protected health information. Schools should also make non-identifying information about positive COVID-19 cases publicly available. The forthcoming order will also direct all K-12 schools to report confirmed cases to their local health department, which will then report new cases and cumulative case data for students and teachers to the Ohio Department of Health. This aggregate data will be published at coronavirus.ohio.gov each Wednesday.

Furthermore, Governor DeWine announced that Ohio is pausing its work to test residents and staff at assisted living facilities through saliva testing instead of nasal swabs due to inconsistent test results.

Lastly, Lt. Governor Husted modified the current Sports Order to clarify that participants shall not compete in more than one contest or game in any calendar day, as compared to the 24-hour period outlined in the original order. The goal of this adjustment in language is to assist organizers and teams when scheduling games or contests.

Oregon:

On August 28, Governor Brown announced that two counties—Hood River and Multnomah—have succeeded in reducing the spread of COVID-19 sufficiently enough to be removed from the County Watch List. No counties have been added this week. This brings the total number of counties on the Watch List to six.

The complete County Watch List now includes the following six counties: Baker, Jackson, Jefferson, Malheur, Morrow, and Umatilla

On August 20, Governor Brown announced that two counties—Marion and Wasco—have succeeded in reducing the spread of COVID-19 sufficiently enough to be removed from the County Watch List. Meanwhile, Jackson County has been added to the Watch List.

On August 19, Governor Brown announced that Umatilla County has succeeded in reducing the spread of COVID-19 to the point that it will move from Baseline Stay Home status to Phase 1, effective Friday, August 21.

In Phase 1, recreational sports, swimming pools, and events and venues like movie theaters, bowling alleys, and arcades remain closed. Non-essential local travel is allowed. Personal services businesses are allowed to operate with health and safety measures in place. Restaurants and bars are open for dine-in service until 10:00 p.m. with health and safety measures in place. Indoor social gatherings remain capped at 10 people as long as physical distancing is maintained, while other gatherings are limited to 50 indoors and 50 outdoors. This means that indoor gatherings, including faith-based, civic, and cultural gatherings are limited to 50 indoors and 50 outdoors. Complete Phase 1 guidance is available by following this link.

On August 17, Oregon OSHA announced a proposed temporary rule that would combat the spread of coronavirus in all workplaces by requiring employers to implement risk-reducing measures, including social distancing, barriers, face coverings, cleanings, and information sharing.

OSHA is soliciting public comments on the proposal through August 31 by accepting comments at the following e-mail address: [email protected]. The full text of the draft, as well as background documents and other up-to-date information is available by following this link.

The temporary rule, which could take effect no later than Monday, September 14, would remain in effect for 180 days. The rule contains multiple provisions that would apply to all workplaces, including:

• Designing work activities and the workplace to eliminate the need for any worker to be within six feet of another person.
• Ensuring that face coverings are worn and that as much distance as practical is maintained where separation is not practical.
• Ensuring employees thoroughly clean surfaces at the beginning of each shift, including all “high contact surfaces” such as door handles and cash registers.
• Conducting a COVID-19 exposure risk assessment for situations where an employee is required to be within six feet of another person for a duration greater than 15 minutes.

Oregon OSHA previously announced on June 26 that it had begun work on this draft temporary rule addressing COVID-19. The division conducted the work in consultation with the Oregon Health Authority, technical advisors, and affected stakeholders.

Tennessee:

Governor Bill Lee signed Executive Order #59 which continues the state’s COVID-19 response and extends certain provisions of earlier Executive Orders 36, 38, 49, 50, 54 and 55 to allow ongoing regulatory flexibility, including but not limited to the following:

• Activation of the Tennessee Emergency Management Plan
• Out of state health care providers may practice in Tennessee and retired medical professionals may easily reenter the health care workforce
• Suspension of in person and live continuing education requirements for health care professionals
• Suspension of inspections of health care facilities, medical laboratories, mental health facilities, and substance abuse facilities
• Nursing graduates may practice under supervision without examination
• Pharmacists may process prescriptions remotely and each pharmacist may supervise more pharmacy technicians
• Degree holders in science fields may work as laboratory personnel under supervision
• Medical laboratory directors may monitor facilities remotely
• Pre-license, post-degree mental or behavioral health professionals may provide telehealth services under supervision
• Medical laboratory personnel may work remotely
• Suspension of certificate of need requirements for hospitals and nursing homes to the extent necessary to allow them to increase the number of licensed beds for the treatment of COVID-19 patients
• COVID-10 testing may occur at more medical laboratory facilities
• Telephone assessments for involuntary commitment cases are permitted
• Adjustment of TennCare policies to prevent coverage disruptions
• Designation and payment for certain nursing facilities as “COVID-19 Skilled Nursing Facilities/Units”
• Medicaid payments to “COVID-19 Nursing Facilities/Units”
• Expansion of telemedicine access and all licensed health care providers may practice telemedicine
• Temporary quarantine and isolation facilities may be constructed
• Deadlines for building code and building play inspections may be extended
• Time periods for completing securities registration requirements may be extended

Executive Order #59 also extends the certain deadlines, including the following:

• Health care licenses, certificates, and registrations are extended until August 31, 2020
• Driver licenses and photo IDs are extended until November 15, 2020
• Commercial driver licenses with medical cards are extended until September 29, 2020
• Enhanced handgun carp permits are extended through November 15, 2020

Executive Order #59 additionally extends provisions related to social distancing, urging individuals to wear masks in public places, restricting visitation to elderly-citizen and care related facilities, and encouraging use of restaurant carryout and delivery.

Executive Order #59 is effective August 29, 2020 through September 30, 2020.

Governor Bill Lee also signed Executive Order #60 to extend certain provisions relating to government proceedings. The Order permits governing bodies of public bodies, associations, non-profits, state agencies and departments to meet electronically rather than in person if the governing body determines that an electronic meeting is necessary to protect Tennesseans in light of the COVID-19 outbreak. Meetings conducted by electronic means on or before September 30, 2020 must be open and accessible to the public, and the governing body must make reasonable efforts to ensure that the public has live access, and if live access is not feasible then a clear audio or video recording of the meeting must be made available to the public as soon as practicable following the meeting, and in no event more than two business days after the meeting. Governing body meetings held electronically on or after October 1, 2020 must be accessible to the public by real-time, live audio or video access. In addition, a clear audio or video recorder of the meeting must be made available to the publico as soon as practicable following the meeting, and in no event more than two business days following the meeting.

Executive Order #60 is effective August 29, 2020 through October 28, 2020.

Lastly, Governor Bill Lee signed Executive Order #61 to extend authorization for remote notarization and witnessing of documents. Executive Order #61 is effective August 29, 2020 through September 30, 2020.

West Virginia:

Governor Justice first announced last week his intention to reopen Mon County bars on August 28, provided that case numbers didn’t see a significant increase. Governor Justice reported Friday that medical experts have confirmed that numbers in the region are stable at this time.

Wisconsin:

(Milwaukee): On August 28, 2020, the City of Milwaukee Health Department (MHD) issued an additional update on Order #4.1, which reports a statistically significant decline in COVID-19 cases and a decline in the positivity rate to 5%. Based on this update, there will be a hold in Phase 4.1, which will be reassessed on September 4th, 2020. The MKE Cares mask ordinance remains in effect, as well as the requirement for restaurants and bars to submit a safety plan and Risk Assessment Tool to continue offering in person dining services. All plans must be submitted to the MHD by 11:59 p.m. on September 15, 2020. Additionally, there is a new school resource webpage that provides a variety of for schools and businesses resources.

August 27, 2020

Connecticut:

On August 27, the Connecticut Department of Public Health announced that it has issued citations against two nursing homes – one in Hartford and one in Hamden – for violating Governor Lamont’s Executive Order No. 7AAA, which requires nursing homes to test staff and residents weekly for COVID-19. In each case, the nursing homes failed to properly implement the testing policy, under which all staff and residents are required to be tested for COVID-19 weekly until the facility records 14 days of testing with no new positive cases. Testing is being 100 percent funded by state and federal dollars through October 31, 2020.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include South Dakota effective Friday, August 28 at 12:01 a.m. Individuals arriving to Chicago from South Dakota or any of the 18 other states and territories currently included under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents for two consecutive weeks.

Indiana:

Governor Holcomb signed Executive Order 20-40, which waives certain administrative requirements to allow school corporations to contract with relevant organization to operate school age, in-person, child care programs in physical environments other than public school buildings in order to support community needs. The order also increased the child care options for pre-K through grade 12-school ages children participating in remote or e-learning by suspending certain licensing requirements, only to the extent necessary, to permit in-person supervision.

Governor Holcomb signed Executive Order 20-41, which extends the public health disaster emergency set forth in Executive Order 20-02 until October 2, 2020. He also signed Executive Order 20-42, which extends Stage 4.5 of Indiana’s Back on Track plan through September 25, 2020, and extends the directive of Executive Order 20-37 to wear a face covering through September 25, 2020.

Iowa:

Governor Reynolds signed a Proclamation of Disaster Emergency ordering all bars, taverns, wineries, breweries, distilleries, night clubs and other establishments that sell alcoholic beverages for consumption on their premises to close in the following counties: Black Hawk, Dallas, Johnson, Linn, Polk, and Story. These establishments may continue to sell alcoholic beverages for consumption off premises. Importantly, restaurants in these six counties may remain open, but they must stop selling alcoholic beverages after 10:00 p.m. and comply with social distancing requirements. The order is effective beginning at 5:00 p.m. on August 27 and remains in effect until September 20, 2020.

Michigan:

Governor Whitmer signed Executive Order 2020-167, which creates the Food Security Council, and advisory body within the Department of Health and Human Services. The Council is charged with identifying and analyzing food insecurity in Michigan, identifying and assessing policies to decrease food insecurity, and reviewing how current efforts related to food insecurity can best be coordinated.

Governor Whitmer also signed Executive Order 2020-168, which requires temporary safety measures for food-selling establishments and pharmacies. Grocery stores and pharmacies must create at least two hours per week of dedicated shopping time for vulnerable populations. Food-selling establishments and pharmacies must deploy strategies to reduce COVID-19 exposure, including providing access to handwashing facilities, ensuring checkout employees disinfect their hands between orders, and maintaining social distancing, among others. Additionally, this order rescinds Executive Order 2020-149.

Additionally, Governor Whitmer signed Executive Order 2020-169, which provides enhanced protections for residents and staff of long-term care facilities. This order rescinds Executive Order 2020-148. Finally, Governor Whitmer signed Executive Order 2020-170 which puts into place a temporary protocol for entry into Michigan Department of Corrections facilities and transfers to and from Department custody, which rescinds Executive Order 2020-146.

Minnesota:

On August 26, 2020, Governor Walz signed several executive orders that order the following:

• Executive Order 20-84: Executive Orders 20-15, 20-16, and 20-32 are rescinded. Paragraph 5 of Executive Order 20-23, which pertains to chloroquine and hydroxychloroquine, is rescinded.
• Executive Order 20-85: Higher education institutions may offer in-person classes or activities consistent with the Minnesota Health Department Guidelines. Each institution must continue to establish and implement a Higher Ed Plan which must address the following topics:
  • Follow OHE and MDH guidance;
  • Ensure that sick students and institutions staff and instructors stay home;
  • Require social distancing and face-coverings; and
  • Implement cleaning and disinfection protocols.
• Executive Order 20-86: In light of the COVID-19 health threats, and if virtual meetings are not feasible, cooperative or cooperative associates may forego their annual regular members’ meeting.

Texas:

(Austin/Travis County): On August 25, Austin and Travis County announced that they have moved back to Stage 3 of the COVID-19 Risk-Based Guidelines. Under Stage 3, individuals are urged to maintain social distancing and wear fabric face coverings in public, to avoid dining and shopping except with precautions, and to avoid all social gatherings and gathering in groups of more than 10 people. They are also advised they are safe to return to work at essential and reopened businesses.

August 26, 2020

Colorado:

Governor Polis issued Executive Order D 2020 174, which extends several prior orders authorizing the food truck operations at rest areas. The order’s purpose is to encourage commercial trucking operations by providing commercial truck drivers with access to freshly prepared meals. This authorization will expire on September 25, 2020.

Delaware:

On August 26, Governor Carney signed the Twenty Fifth Modification to the State of Emergency. The Modification takes the following actions:

• Formalizes the new face covering requirements for children,
• Requires Delaware schools to notify families if they become aware of positive cases of COVID-19 in their schools, and
• Directs the Department of Education to work with educators to develop a modified system for tracking student growth.

Georgia:

Governor Kemp recently announced that the state has opted into the federal Lost Wages Assistance Program, which will provide up to an additional $300 a week in unemployment benefits. To be eligible, a person must be unemployed or partially unemployed due to disruptions caused by COVID-19. The Georgia Department of Labor will handle implementing a statewide system to meet the Program guidelines and anticipates implementing the additional benefits within the next three to four weeks.

Kentucky:

Gov. Beshear issued an executive order to provide protections and clarity surrounding evictions during the coronavirus crisis. Landlords now must give tenants 30 days’ notice of an intent to evict for nonpayment of rent and work to come to an agreement during that time.

Louisiana:

On August 26, Governor John Bel Edwards signed an order that extends Phase Two and the statewide mask mandate, closure of bars to on-site consumption and gathering size limits in Louisiana for another two weeks, until September 11, 2020.

Nebraska:

(Omaha – Douglas County): On August 25, 2020, the State of Nebraska, Douglas County Commissioners, and Omaha Mayor Jean Stothert announced an agreement which will distribute CARES Act funds to Omaha and Douglas County, preventing layoffs of police officers and firefighters, and allowing for the reopening of libraries and community centers. The first branches will open in about four weeks, with all branches expected to reopen by October 1.

Nevada:

On August 26, Governor Steve Sisolak granted authorization to the State Department of Employment, Training and Rehabilitation to start the application process for the Lost Wages Assistance program.

New Jersey:

Governor Phil Murphy signed Executive Order No. 179 to make modifications to this year’s primarily vote-by-mail (VBM) General Election. The order clarifies Executive Order No. 177. Effective immediately, Executive Order No. 179 makes the following modifications:

• Requires county clerks to publish a notice reflecting this year's primarily vote-by-mail process;
• Permits county boards of elections to continue counting ballots every day until counting is completed; and
• Requires election audits to be completed by December 4, 2020.

New York:

Governor Andrew M. Cuomo announced that five states—Alaska, Arizona, Delaware, Maryland and Montana—have been removed from New York State's COVID-19 travel advisory. Guam has been added. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

Further, school-sponsored sports in all regions may begin to practice and play beginning September 21. However, travel for practice or play will be prohibited outside of the school's region or contiguous regions or counties until October 19. For the fall sports season, lower- and moderate-risk sports include tennis, soccer, cross country, field hockey and swimming. Higher-risk sports, including those with full physical contact, may begin to practice on September 21 but cannot play until a later date or December 31. In accordance with the Department of Health's guidance for sports and recreation during the COVID-19 public health emergency, practices for higher-risk sports are limited to individual or group, no- to low-contact training. Higher-risk sports include football, wrestling, rugby, hockey and volleyball.

Finally, Governor Cuomo issued an executive order requiring boards of elections to take concrete steps to inform voters of upcoming deadlines, be prepared for upcoming elections and help ensure absentee ballots can be used in all elections. On August 20, Governor Cuomo signed into law sweeping election reforms that will make it easier for New Yorkers to vote and be counted in November. The executive order requires county boards of elections to take the following actions:

1. Send a mailing outlining all deadlines for voters by Tuesday, September 8.
2. Send staffing plans and needs to the New York State Board of Elections by September 20 so BOE can assist in ensuring adequate coverage.
3. Adopt a uniform clarified envelope for absentee ballots and require counties to use it.
4. Count votes faster: require all objections to be made by the county board in real time, make sure that boards are ready to count votes and reconcile affidavit and absentee ballots by 48 hours after elections.
5. Provide an option for New Yorkers to vote absentee in village, town and special district elections.

North Carolina:

On August 26, Governor Roy Cooper shared a recommended budget, Support for a Determined North Carolina, which “outlines how to use the state’s remaining federal coronavirus funding and make responsible investments in the state’s future.”

Ohio:

On August 25, Governor Mike DeWine addressed the Sports Order Variance Process contained in the Director's Order that Provides Mandatory Requirements for Youth, Collegiate, Amateur, Club, and Professional Sports. The order limits the maximum number of spectators gathered at an outdoor sports venue to the lesser of 1,500 individuals or 15 percent of fixed, seated capacity. The maximum for indoor sports venues is the lesser of 300 individuals or 15 percent of fixed, seated capacity. If a venue has more room to permit additional socially-distanced spectator capacity, a variance provision in the order allows schools to request a higher spectator limit by submitting a plan in writing to their local health department and the Ohio Department of Health. The variance plan must include a justification for increased capacity and an explanation of how social distancing will be maintained between family groups.

Governor DeWine also announced that Interim Ohio Department of Health Director Lance Himes today signed the Director's Order that Provides Mandatory Requirements for Entertainment Venues. The maximum number of patrons permitted in an outdoor entertainment venue is the lesser of 1,500 patrons or 15% of fixed, seated capacity. For indoor facilities, the maximum number of patrons permitted in an indoor entertainment venue shall be the lesser of 300 patrons or 15% of fixed seating capacity.

Vermont:

On August 26, Governor Scott announced the Agency of Education will provide Vermont schools with personal protective equipment (PPE) before the start of school on September 8. Specifically, the state will provide school nurses with gloves, surgical masks, face shields, and hand sanitizer. These kits will be provided to schools free of charge.

Washington:

Governor Inslee issued two proclamations related to public education in response to COVID-19. First, Proclamation 20-69 relates to the Washington residency requirement for public university tuition waivers for graduate students. It suspends the residency requirement that allows public university graduate students to receive tuition waivers in exchange for performing teaching and research functions. The proclamation is effective for 30 days and will expire on September 25.

Second, Proclamation 20-70 addresses student transportation for public K-12 schools. It prohibits school districts from interpreting the Student Transportation statutes in a manner that would restrict a school’s ability to use its current transportation allocation for certain purposes. The permitted purposes include using buses and bus drivers to deliver educational materials (homework/educational packets/other tangible instructional materials); meals; and any technology (like WiFi hotspots) that will enable students to learn remotely. The proclamation also requires school districts to track and document the specific time and uses of school buses and bus drivers to deliver the above services.

August 25, 2020

California:

Governor Newsom issued Executive Order N-75-20 on August 24, which suspends a variety of regulatory restrictions in order to bolster the State’s response to the pandemic. In particular, the order seeks to expand the State’s testing capacity by enabling pharmacists and pharmacy technicians to conduct any aspect of any point-of-care test for the presence of SARS-CoV-2.

The Governor also authorized increased flexibility in the operation of home health agencies and pediatric day and respite care facilities. Those entities may obtain a waiver of various licensing and staffing requirements from the Department of Public Health by implementing alternative measures that achieve similar outcomes while also protecting public health. Further, the order increases the income-eligibility threshold for the Community Service Block Grant program to support economic and community development efforts in response to the pandemic, and waives certain legal requirements to enable Low Income Home Energy Assistance Program funding made available under the CARES Act to be used to maximize direct assistance to Californians most in need.

Separately, the California Department of Public Health removed Amador County from the County Monitoring List on August 25. Amador County, however, remains subject to the additional restrictions on in-person operations for several types of business—including offices for non-critical infrastructure, gyms, and places of worship—until the State Health Officer authorizes the resumption of those in-person operations.

Colorado:

Governor Polis resumed his effort to adjust the State’s regulatory framework to enable it to cope with the coronavirus’ social and economic impacts on August 24. The Governor’s temporary regulatory adjustments affect the timing for securing temporary liquor-license modifications, casino operations, and the issuance of marriage certificates.

Executive Order D 2020 173 removed the requirement that Department of Revenue act within 24 hours on an application for a temporary modification of a liquor license. The order, however, leaves in place the authorization for restaurants and similar businesses to establish communal outdoor dining areas in which two or more liquor licensees may sell alcoholic beverages for another 30 days. The order also suspends the statutory provisions prohibiting a casino from dividing its lawful gaming area into more than two noncontiguous spaces and hosting blackjack games with no more than seven people. Executive Order D 2020 173 remains in effect until September 23.

Governor Polis also issued Executive Order D 2020 172, which continues to allow the issuance of marriage licenses despite the closure of clerk and recorder offices. The order expires on September 23.

Hawaii:

(Hawaii County): With Governor Ige’s approval, Mayor Kim issued Emergency Rule No. 11, which continues the previous Rule’s requirements regarding the use of face coverings for those persons not subject to limited exceptions to the Rule. The Rule restricts the size of permitted indoor or outdoor social gatherings to groups of up to 10 people, provided face coverings are worn and physical distancing between separate groups are maintained. The Rule furthers imposes a 14-day mandatory self-quarantine requirement on all persons traveling to the County interisland or from out of state. Exemptions from or modifications to the self-quarantine requirement must be requested and approved by the County.

Pursuant to the Twelfth Proclamation, short-term vacation rentals, bed and breakfast homes, or other types of transient vacation rentals may not be designated as a quarantine location, except by visiting essential and critical infrastructure workers, provide quarantine restrictions are followed. The Rule went into effect on August 21, 2020, and will continue through September 30, 2020, unless otherwise extended, revised or terminated.

Idaho:

On August 21, 2020, Governor Little announced that Idaho will remain in Stage 4 of the Idaho Rebounds plan for another two weeks; and also highlighted the $2.56 million in coronavirus relief funds just approved by the State of Idaho which will be directed to assist The Idaho Food Bank.

Illinois:

Governor Pritzker and the Illinois Department of Public Health (IDPH) announced new COVID-19 mitigation efforts to take effect in Region 7. This region includes Will and Kankakee counties. Beginning August 26, the following mitigation requirements will go into effect:

• Bars
  • All bars close at 11:00 p.m.
  • No indoor service
  • All bar patrons should be seated at tables outside
  • No ordering, seating, or congregating at bar (bar stools should be removed)
  • Tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • No dancing or standing indoors
  • Reservations required for each party
  • No seating of multiple parties at one table
• Restaurants
  • All restaurants close at 11:00 p.m.
  • No indoor dining or bar service
  • Tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • Reservations required for each party
  • No seating of multiple parties at one table
• Meetings, social events and gatherings
  • Limit to lesser of 25 guests or 25% of overall room capacity
  • No party buses
  • Gaming and Casinos close at 11:00 p.m. are limited to 25 percent capacity, and follow mitigations for bars and restaurants, if applicable

Region 7 will be monitored by the IDPH over a 14-day period. If the positivity rate averages greater than or equal to 8 percent after 14-days, additional mitigations will be imposed.

Additionally, the State of Illinois released new safety guidelines for restaurants and bars which go into effect on August 26. Namely, Illinois patrons will now be required to wear face coverings when approached by staff. Examples where face coverings must be worn include occasions where employees approach to take orders or deliver food and beverages to the table. The Illinois Department of Commerce and Economic Opportunity (DCEO) maintains various Industry Toolkits to assist businesses in adjusting to changing guidelines and requirements. DCEO toolkit for Indoor and Outdoor Dining, updated to include these new safety guidelines, can be found here.

Iowa:

On August 25, Governor Reynolds announced that she allocated approximately $100 million of federal CARES Act relief funds for agricultural programs to offset the impact of COVID-19 on farmers, producers, and agricultural industries. The CARES Act allocates were made as follows:

• $60 million—Iowa Livestock Producer Relief Fund—Using the Iowa Economic Development Authority’s (IEDA) existing small business relief program infrastructure, this program will provide grants of up to $10,000 to eligible producers of pork, beef, chicken, turkeys, dairy, fish or sheep to serve as working capital to stabilize livestock producers.
• $15.5 million—State Biofuel Grant Program—Biofuels producers were excluded from receiving aid under other parts of the CARES Act; this program will provide relief to those Iowa ethanol and biodiesel producers based on gallons produced. Grants will also be awarded through IEDA’s existing small business relief program and are capped at a maximum grant of $750,000 per producer.
• $7 million—Renewable Fuel Retail Recovery Program—Announced previously, this funding supports a program that helps expand retail fueling infrastructure for higher blend renewable fuels, including E15 or higher & B11 or higher. (Administered by IDALS)
• $6 million—Iowa Beginning Farmer Debt Relief Fund—COVID-19 has negatively and disproportionately impacted a large number of beginning farmers in Iowa, creating the potential for longer-term generational damage to Iowa agriculture. This program will provide eligible beginning farmers with a long-term debt service payment of up to $10,000, to be paid directly to their lender.
• $2 million—Meat Processing Development and Expansion Program—Designed to aid small meat processors, this program is focused on expanding processing capacity across the state to meet protein demand. (Administered by IDALS)
• $500,000—Farm Produce and Protein Program—This innovative program is designed to help specialty ag producers in Iowa as well as the schools that purchase them. In addition to supporting local growers of fruits and vegetables to expand their capacity, it provides grants to schools that buy produce and other local crops and protein sources.
• Up to $9 million—Iowa Disposal Assistance Program—The disruption to the meat supply chain due to COVID-19 forced producers to euthanize and dispose of livestock due to lack of market access. This program, announced initially in May, provided direct payments to producers to recoup those expenses.

North Carolina:

On August 25, Governor Roy Cooper announced that $175 million will be available to help North Carolinians with rent and utility payments in the wake of the COVID-19 pandemic.

Texas:

(Tarrant County): On August 25, Tarrant County Judge Glen Whitley extended the County’s mask mandate, originally issued on June 25, until November 30, 2020. The order reinforces Governor Abbott’s Executive Order GA-29 and requires all entities in Tarrant County providing goods or services directly to the public must develop and implement a health and safety policy ("Health and Safety Policy"). The Health and Safety Policy must require, at a minimum, that all employees and visitors to the entity's business premises wear face coverings when in an area or performing an activity which will necessarily involve close contact or proximity to co-workers or the public.

Utah:

On August 21, 2020, Governor Herbert reissued an executive order declaring a continued state of emergency. All state of emergency orders are in effect one month at a time.

August 24, 2020

Alabama:

(Tuscaloosa): On August 24, Mayor Maddox ordered all bars to close for two (2) weeks starting at 5:00 pm.

California:

The California Department of Public Health removed the following counties from the County Monitoring List over the weekend: Calaveras; Mono; Napa; and Orange. These counties remain subject to the additional restrictions on in-person operations for several types of business—including offices for non-critical infrastructure, gyms, and places of worship—until the State Health Officer authorizes the resumption of those in-person operations.

Colorado:

The Colorado Department of Public Health and Environment issued a revised Public Health Order (“PHO”) and an order authorizing Voluntary or Elective Surgeries and Procedures (“Elective Surgery Order”) on August 21. The agency issued the orders in response to concurrent executive action by Governor Polis, who issued Executive Order D 2020 170 and D 2020 169 addressing the State’s safer-at-home restrictions and voluntary or elective surgeries. The PHO and Elective Surgery Order will expire on September 20, 2020.

The PHO largely mirrors its prior iteration with a few notable exceptions. First, individuals who are sick or experiencing flu-like symptoms are no longer required to self-isolate until their symptoms cease. Next, effective August 22, bars and restaurants may continue to serve alcohol on-premises until 11:00 p.m. The bars and restaurants, however, must make meals prepared by a retail-food licensee available at all times that alcoholic beverages are served for on-premises consumption. Lastly, the order updates the definition of a “vulnerable individual” to specifically include individuals with cancer, chronic kidney disease, chronic obstructive pulmonary disease, a body mass index above 30, various serious heart conditions, Sickle cell disease, and Type 2 diabetes mellitus.

The Elective Surgery Order similarly reincorporates its prior version, while adding some additional requirements on the use of PPE for dental and hospital facilities. Dental facilities must now require all patients to wear face masks, unless the patient is younger than two-years old or is unconscious. The order also clarifies that protective eyewear used to shield against injury from hard objects does not qualify as PPE.

Connecticut:

On August 21, Governor Lamont signed Executive Order No 7OOO which took the following actions:

• Extended expanded outdoor dining
• Modified the extension of 30-day period of credit for liquor permittees
• Extended eviction moratorium
• Resumed certain requirements and deadlines regarding civil and family matters

Delaware:

The Delaware Division of Public Health announced children who are in kindergarten or older must wear face coverings in public settings, including school buildings.

Florida:

(Palm Beach County): Mayor Kerner issued Emergency Order No. 19, which authorizes certain vacation and short-term rentals, previously suspended by Governor DeSantis’ Executive Order 20-87, to reopen provided they comply with requirements and guidelines relating to property cleanliness, sanitization, and staffing standards, among others. Vacation rental property owners and managers must provide a bi-monthly report to the Palm Beach County Tourist Development Office, which includes the name of the owner or manager, address of the rental property, arrival and departure dates for all reservations, and the zip codes of renters. The Order takes effect on August 22, 2020, and expires with the existing State of Local emergency. Mayor Kerner also issued Emergency Order 20, which (once again) extends the facial coverings directive, Emergency Order 2020-12, until 12:01 a.m. on September 22, 2020. The order takes effect on August 23, 2020.

On August 20, Mayor Kerner issued a Declaration of Continuing State of Emergency, which extends the state of emergency in Palm Beach County through August 28, 2020.

(Broward County): County Administrator, Bertha Henry, issued Emergency Order 20-24, which implements a reopening plan for short-term vacation rentals. The Order also revises the rules regarding restaurants and food establishments, by allowing on-premises dining until 11:00 p.m. (instead of 10:00 p.m.), and limiting the sale of alcohol for off-site consumption between 11 p.m. and 5 a.m. The Order further clarifies that billiards tables and similar games must remain closed. Night clubs, hookah bars, cabarets, banquet halls, adult entertainment establishments, hot tubs, steam rooms, saunas, and Jacuzzi’s must remain closed to the public. Bars, pubs, breweries, billiards halls and clubs, and cocktail lounges that derive more than 50% of gross revenue from the sale of alcoholic beverages must also remain closed to the public, but may operate solely to provide food or beverages for take-out or delivery, if operated consistently with Emergency Order 20-21 and amended attachment 2. The order takes effect immediately, and lasts for the duration of the State of Local Emergency.

Hawaii:

Governor Ige issued a Twelfth Proclamation which extends the disaster emergency relief period through September 30, 2020. The Proclamation requires all persons to wear facial coverings in compliance with county orders, rules, and directives approved by Governor Ige. The interisland travel quarantine requirements remain in effect for all persons traveling from within the state to the Islands of Kaua‘i, Hawaii and the Islands comprising the Counties of Maui and Kalawao. Travelers to the state are still subject to a mandatory self-quarantine period, but travelers entering the State to perform critical infrastructure functions may obtain a limited exemption which allows them to temporarily breach self-quarantine while performing critical infrastructure functions. Any granted exemption shall be void if the person subject to the exemption fails to wear appropriate protective gear and fails to follow the safe practices identified in the Proclamation while engaged in the activities expressed in the written exemption.

The Proclamation further authorizes counties to establish an Enhanced Movement Quarantine (“EMQ”) program through agreements with resort or hotel facilities, which restrict participating travelers who enter the State as part of an EMQ program to clearly-defined geographical areas, including adjacent shoreline areas where beach access is permitted by state and county authorities, provided limited contact with those not subject to self-quarantine is ensured, safety, monitoring, and enforcement measures are taken, and participating travelers bear all costs related to their participation in the EMQ, among other requirements.

Iowa:

On August 21, Governor Reynolds signed a proclamation continuing the Public Health Disaster Emergency for another 30 days. The proclamation extends public health mitigation measures currently in place for businesses and other establishments, including the requirements for bars and restaurants to ensure six feet of physical distance between each group or individual dining or drinking; to ensure all patrons have a seat at a table or bar; and to limit congregating together closer than six feet. The proclamation also extends many of the previously issued regulatory relief measures necessary to respond to this public health disaster, including those related to healthcare, professional licensure, educational workforce, and expirations of driver’s licenses. The proclamation is now in effect and expires on September 20, 2020.

Kansas:

(Sedgwick County): On August 18, 2020, the County Health Officer signed an Emergency Public Health Order, effective August 22, 2020, implementing new mask requirements and adopting Phase 2 of the Ad Astra: A Plan to Reopen Kansas. The Order required all persons to wear face covering when in any indoor or outdoor public space where 6-feet of distancing is not possible. It further requires businesses to require all employees and customers to wear face coverings when employees are working in any space visited by customers (regardless of whether anyone is present at the time) and in any place where food is prepared or distributed.

Exemptions include those aged five and under, those with a medical condition preventing covering of the face, those with hearing impairments, those seated at a restaurant with more than 6-feet of distance from others, and those engaged in organized sports that allow 6-feet of distance other than during infrequent moments of closer proximity.

Louisiana:

On August 21, Governor John Bel Edwards announced that the U.S. Western District of Louisiana has upheld his order closing on-site consumption at bars.

Mississippi:

Governor Reeves issued Executive Order 1519 on August 20, 2020, which governs attendance at events held at college and university outdoor stadiums, and is in effect until August 31, 2020. Attendance to such events is permitted, subject to the following limitations:

• Bowl seating is limited to 25% capacity;
• Indoor club area seating is limited to 50% capacity;
• Activities outside stadiums (e.g., tailgates, picnics, fan areas) are prohibited;
• Face coverings must be worn by all attendees when “in transit” and it is not possible to maintain six feet of separation from others not in the same household;
• Social distancing is encouraged at the stadiums;
• Signs describing symptoms of COVID-19 and social distancing should be posted around the stadium, all points of entry, and at concessions and restrooms;
• Attendees may not congregate at stadium gates or restrooms;
• Hand sanitizing or washing stations must be available at all entry gates, stadium concourses, and throughout the stadium;
• Transactions should be contactless as much as possible;
• Elevator capacity is limited to five people;
• Sideline regulations will be enforced to only permit those who are essential for game play to be on the field;
• Colleges and universities must designate a Safety Officer with staff to ensure that the Executive Order is observed and enforced.

Missouri:

(St. Louis County): St. Louis County Department of Public Health issued an amended Order, which took effect on August 21, 2020 and will remain in effect until rescinded or amended. This amendment changes who is subject to the face covering requirement in public settings, and provides additional guidance relevant to the wearing of facemasks for students.

Nebraska:

On August 21, 2020, Governor Ricketts signed Executive Order 20-33, which waives the 30-hour professional development requirement for Nebraska Land Surveyor certificate holders through December 31, 2020. The 30-hour requirement is based on a two-year period, and the Order directs the State Board of Examiners to designate the “appropriate” credential requirements in light of the Order, meaning the two-year period including 2020 will only require 15 hours.

New Hampshire:

On August 24, Governor Sununu announced that all restaurants are now able to open at 100% capacity, as long as they continue to follow state reopening guidelines, including social distancing between parties and wearing masks in public areas. Prior to Governor Sununu’s Friday announcement, restaurants in six northern New Hampshire counties were able to operate at 100% capacity, but the southern counties (which had higher rates of COVID-19) were restricted to 50%.

Ohio:

Governor Mike DeWine announced that Ohio Department of Health Interim Director Lance Himes will be signing a reopening order for performance theaters in the near future, but details are still undecided. However, to give arts organizations the opportunity to begin planning for performances, the order will say that interior venue attendance will be capped at the lesser of 15% of their fixed-seated capacity or 300 people, while outdoor venue attendance will be capped at the lesser of 15% of their fixed seating capacity or 1,500 people. Many of the other guidelines in the forthcoming order will align with the limits on spectators at sports venues in the Director’s Order that Provides Mandatory Requirements for Youth, Collegiate, Amateur, Club and Professional Sports.

Governor DeWine also announced that effective August 24, 2020, each residential care facility licensed by the Ohio Department of Health shall require its staff to be tested for COVID-19 along with the strategic testing of residents.

Washington:

On August 20, Governor Inslee announced updated guidance as part of Washington’s Safe Start phased reopening plan. The updated guidance relates to:

• Museums:
  • These guidelines would allow museums in Phase 2 counties to operate as long as they meet certain requirements. Museums in Phase 3 counties would be required to lower occupancy.
• Bowling:
  • These guidelines would allow for bowling league play in Phases 2 and 3, as long as facilities meet certain requirements.
• Agritourism:
  • This guidance would allow for agritourism such as U-pick farms and tree farms to operate in Phase 2 counties (memo).
• Outdoor Recreation:
  • Updates to the outdoor recreation guidance clarify restrictions to non-spectator motor-sports in Phase 1 and Phase 2 of the Safe Start plan. These changes go into effect on August 24.

August 20, 2020

California:

The California Department of Public Health (“CDPH”) clarified the waiver process for elementary schools seeking to resume in-person instruction. Under the re-opening framework issued by CDPH in July, schools could resume in-person instruction only if their local health jurisdiction (“LHJ”) was not on the County Monitoring List within the prior 14 days. The waiver process allows elementary schools to bypass that requirement.

Before applying for a waiver, school leaders or staff must consult with labor, parent, and community organizations and publish a re-opening plan on the website of the local educational agency. The plan must address topics such as: cleaning and disinfection; entrance, egress, and movement within the school; and physical distancing. Despite the waiver process, CDPH continues to recommend that “elementary schools within jurisdictions with 14-day case rates more than two times the threshold to be on the County Monitoring List (>200 cases/100,000 population) should not be considered for a waiver to re-open in-person instruction.”

Florida:

(Miami-Dade County): Mayor Gimenez released an Executive Order extending the state of local emergency for an additional 7-day period beginning on August 20, 2020.

Georgia:

The cities of Sandy Springs and Smyrna have implemented mask mandates in response to Governor Kemp’s recent Executive Order permitting local jurisdictions to issue mask requirement orders. Sandy Springs’ order took effect immediately after being signed on Tuesday, and Smyrna’s order will begin on Friday, August 21. As a reminder for businesses, masks are not required inside the business’s establishment unless the business consents, and fines cannot be imposed on private businesses or nonprofits for a consumer’s failure to wear a mask. Business owners should be on the lookout for local mask mandates in their cities. If a local mask mandate is implemented, businesses must indicate to consumers whether it intends to enforce the mask mandate while the consumer is on the business’s premises.

Hawaii:

(City and County of Honolulu): with Governor Ige’s approval, Mayor Caldwell released Emergency Order No. 2020-24 (“Act Now Honolulu – No Social Gatherings”). The Order mandates the following:

• All individuals currently living within the city of Honolulu stay at their place of residence and work from home, and leave only for essential activities, essential government functions, or to operate or visit an essential business or designated business and operation.
• All businesses with a facility in the city except essential businesses and designated businesses and operations must cease all activities within such facilities, except minimum basic operations.
• Indoor and outdoor social gatherings of any type and any number of people are prohibited. A “social gathering” is any gathering or even that brings people from multiple households or living unit together at the same time for a discrete, shared or group experience, in a single room, space or place.
• All travel, except essential travel and essential activities, is prohibited.
• Face coverings must be worn by all individuals, including employees and customers of essential businesses and designated businesses and operations. Exceptions to the face-coverings requirement are made for, among others, children under the age of 5, individuals with medical conditions or disabilities whose health and safety may be risked by wearing a face covering.
• City and State Parks are closed, with limited exceptions.

The Order is effective at 12:00 AM on August 20, 2020 and will continue through September 16, 2020.

Maine:

On August 20, Governor Mills announced the launch of a $200 million economic recovery grant program to support small businesses. The program will provide financial relief for business and non-profit organization that were impacted by the COVID-19 pandemic. The program will not replace lost profits, but instead will provide short-term relief to help stabilize Maine’s economy.

To qualify for a grant, a business or nonprofit must demonstrate a need for financial relief based on lost revenues minus expenses incurred since March 1, 2020 due to COVID-19 or related public health response. The business or organization must demonstrate the following: (1) have significant operations in Maine; (2) employ less than a combined total of 50 employees and contract employees; (3) have been in operation for at least one year before August 1, 2020, not currently in bankruptcy and have not permanently ceased operations; (4) be current and in good standing with all Maine State payroll taxes, sales taxes, and state income taxes through July 31, 2020, and be in good standing with Maine Department of Labor; and (5) be in compliance and not subject to enforcement action with COVID-19 prevention checklist requirements.

The grants may be used to cover various expenses, including but not limited to payroll, mortgage or rent for business facilities, utilities, etc. The grant can be applied for beginning August 21, 2020 through September 9, 2020 and the grants will be awarded beginning in early October.

Ohio:

Governor Mike DeWine announced that a Sports Health Order was signed by Ohio Department of Health Interim Director Lance Himes. The order allows sports to go forward, but with several changes. Some changes include:

• Spectators will be limited to a small number of people close to the participants. Schools can determine who is allowed to attend.
• Local health departments and the Ohio High School Athletic Association officials will have site inspectors at contests to ensure social distancing and that other health regulations are followed.
• Teams and leagues can delay sports to the spring.
• Students won't need to be tested to participate in sports, as most high schools lack the resources to regularly test their athletes.

Rhode Island:

The Governor issued Executive Order 20-64 effective August 20th until September 19th. This order extends two prior orders:

• Executive Order 20-35 (Thirty-Second Supplemental Emergency Declaration – Summer Camp Operations), and Executive Order 20-37 (Thirty-Fourth Supplemental Emergency Declaration Increasing State COVID-19 Response Capacity).

Texas:

(San Antonio): On August 19, 2020, San Antonio Mayor Ron Nirenberg issued a seventh addendum to his Eighth Emergency Health Declaration that includes language issued by Bexar County Judge Nelson Wolff related to Bexar County's latest Executive Order. This addendum further identifies more stringent measures that are necessary to mitigate the spread of the COVID-19 virus. It is effective indefinitely.

Key measures include:

• All commercial entities providing goods or services directly to the public must develop and implement a health and safety policy (“Health and Safety Policy”). The Health and Safety Policy must require, at a minimum, 1) that all employees or visitors to the commercial entity’s business premises or other facilities wear face coverings when in an area or performing an activity which will necessarily involve close contact or proximity to co-workers or the public where six feet of separation is not feasible, 2) that the business prominently display a list of COVID-19 symptoms at or near the public and employee entrances of the premises.
• San Antonio businesses strongly encouraged to take the “Greater, Safer, Together” pledge. Those businesses that take the pledge may post their commitment to facilitate compliance with the County’s policy posting requirement. The pledge commits businesses to:
  • Using face coverings
  • Practicing physical distancing
  • Conducting temperature checks
  • Providing hand sanitizer
  • Following CDC protocols
  • Implementing contactless payment when possible

General COVID-19 awareness training for employees.

Washington:

On August 19th, Governor Inslee issued an update to Proclamation 20-57, “Concerning the Health of Agricultural Workers.” The Proclamation now requires agricultural employers to test their workforce broadly when health officials identify an outbreak that passes certain thresholds. Since Proclamation 20-57 was first issued on May 28, the total number of cases in Washington has increased from 21,138 to 67,721, an average rate of more than 500 new cases per day. Many of these are appearing at farms and food-packing facilities, where employees often work, travel, and live together in close contact.

West Virginia:

On August 19, Governor Justice issued Executive Order 62-60 which extends the closure of Monongalia County bars until August 31, 2020, at 12:01 a.m. This countywide bar closure was originally issued under Executive Order 52-20, and then extended under Executive Order 55-20, Executive Order 58-20, and Executive Order 60-20.

On August 19, Governor Justice issued Executive Order 63-20 which allows certain individuals employed by WorkForce West Virginia to be eligible to continue in these positions without suspension of such individual's retirement annuity.

On August 19, Governor Justice announced that he had added sole proprietors and self-employed individuals to the list of people eligible to apply for funding through the West Virginia CARES Act Small Business Grant Program.

August 19, 2020

California:

The California Department of Public Health (“CDPH”) has clarified the application of the existing July 13, 2020 Statewide Public Health Officer Order (“Order”) to its County Monitoring List (“CML”). Since July 13, 2020, the following businesses have been required to cease all indoor operations statewide: restaurants, bars, wineries, movie theaters and entertainment venues, zoos, museums, and cardrooms. If a county, however, is placed on the CML for three consecutive days or more, then an additional group of businesses must cease indoor operations. The affected businesses include offices for non-critical infrastructure sectors, gyms and fitness centers, places of worship, personal care services, hair salons and barbershops, and shopping malls.

CDPH’s interpretation of the Order does not allow a county that has been removed from the CML to re-open those businesses that it was required to shut down because of its listing on the CML. Rather, a county removed from the CML must maintain the closure of those businesses until the State Health Officer modifies the Order and authorizes re-opening. Thus, the CDPH’s recent removal of Place, Santa Cruz, and San Diego counties from the CML does not allow offices for non-critical infrastructure sectors, gyms and fitness centers, and shopping malls to resume indoor operations. CDPH states that it is actively reassessing the Order’s terms and will provide updates in the coming week.

As of August 19, 2020, there are 40 counties on the CML. They are: Alameda; Amador; Butte; Calaveras; Colusa; Contra Costa; Fresno; Glenn; Imperial; Inyo; Kern; Kings; Los Angeles; Madera; Marin; Mendocino; Merced; Mono; Monterey; Napa; Orange; Riverside; Sacramento; San Benito; San Bernardino; San Francisco; San Joaquin; San Luis Obispo; San Mateo; Santa Barbara; Santa Clara; Sierra; Solano; Sonoma; Stanislaus; Sutter; Tulare; Ventura; Yolo; and Yuba.

Colorado:

The Colorado Department of Public Health and the Environment (“CDPHE”) announced new guidance for responding to work-place infection outbreaks on August 17. The guidance provides detailed list of actions employers may undertake to reduce the virus’ spread among staff, maintain healthy business operations and work environments, and address COVID-19 cases, exposures, and outbreaks.

To reduce the spread among staff, CDPHE suggests that employers: screen employees daily, and send sick employees home; identify where and how employees might be exposed to COVID-19 at work; educate employees on how to reduce the spread of COVID-19; and know isolation and quarantine requirements, and help employees follow them.

The guidance also offers a variety action items for employers seeking to maintain healthy business operations, including implementing flexible sick leave and supportive policies and practices; communicating supportive workplace policies clearly, frequently, and via multiple methods; determining how you will operate if absenteeism increases; establishing policies and practices for social distancing among employees and between employees and customers; and limiting travel and advise employees who must travel to take additional precautions.

(Denver): The City and County of Denver has released information on its Priority Neighborhood Small Business Fund. The program will provide grants to support businesses during the pandemic. Among other requirements, eligible businesses must be in one of the following neighborhoods:

• East Colfax
• Globeville
• Elyria-Swansea
• Montbello
• Northeast Park Hill
• Sun Valley
• Valverde
• Villa Park
• West Colfax
• Westwood

The application for eligible business can be found at the link above and is open from August 10 to September 11, 2020.

In addition, the Metro Denver Partnership for Health has released Guidance for Prioritization of COVID-19 Testing. This guidance places people in one of four testing prioritization categories. These categories run from those for whom testing is generally not recommended—like individuals who have already tested positive—to those who should be tested—including those who have symptoms suggestive of COVID-19 or who are asymptomatic but have been at the site of a suspected outbreak. The guidance also lays out certain considerations for different individuals within each tier.

Connecticut:

On August 19, Governor Lamont announced that Connecticut has completed over 1 million COVID-19 tests. This is due in part from Governor Lamont’s allocation of at least $250 million from the Coronavirus Relief Fund to support testing.

Delaware:

On August 19, Governor Carney, along with New Castle County Executive Matt Meyer and the Delaware Division of Small Business, announced a grant program of at least $100 million to assist Delaware small businesses and nonprofit organizations. This program is funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and is expected to reach more than 3,000 small businesses and nonprofit organizations with grants of up to $100,000. Funds can be used for:

• Purchasing equipment to make a workplace suitable for COVID-19 safety (such as PPE, plexiglass, air purifiers, etc.)
• Refinancing debt incurred due to COVID-19 (including State of Delaware HELP loans)
• Advertising efforts undertaken as a result of COVID-19
• Fixed expenses the applicant accrued during COVID-19

Idaho:

On August 19, 2020, Governor Little issued a proclamation calling for a special legislative session to address the COVID pandemic and outlining the issues to be considered by the Idaho Legislature in the special session. The two issues that will be addressed are (1) the COVID-19 pandemic, including November election laws, and (2) civil liability standards during COVID-19 to help Idaho’s economy recover while encouraging care and safety in responding to the pandemic. Public health districts and education funding will not be addressed. The special session will convene on August 24, 2020.

Louisiana:

Governor John Bel Edwards announced that he signed an order declaring that an emergency exists for Louisiana’s November election because of COVID-19. Governor Edwards also acknowledged that the current emergency election plan from the Secretary of State does not go far enough to protect public health.

Maryland:

Governor Hogan announced in a press release on Wednesday, August 19, 2020 that Maryland has submitted an application to the Federal Emergency Administration (FEMA) for a grant to provide an additional $300 per week for unemployed Maryland citizens. After the application is reviewed and approved, funds are expected to be distributed beginning in late September. Those eligible will qualify for a retroactive benefit of an additional $300 per week beginning August 1, 2020 and ending December 26, 2020. Upon approval, FEMA will fund the $300 per week and Maryland will provide the 25% state funding match already paid to claimants collecting regular unemployment insurance benefits.

Massachusetts:

(Statewide): Governor Baker-Polito’s administration announced on August 18, 2020, approximately three million dollars in additional grants to address food shortages residents of the state are experiencing as a result of the current global pandemic. This additional funding is the second round of the new Food Security Infrastructure Grant Program.

Tennessee:

On August 17, 2020, Tennessee Governor Bill Lee signed the "Tennessee COVID-19 Recovery Act" into law. The Act provides COVID-related liability protection to individuals and entities, including health care providers, except in cases of gross negligence or willful misconduct. Governor Lee also issued Executive Order No. 58 terminating Order No. 53 which provided limited COVID-related liability protection for health care providers and was rendered moot by enactment of the Tennessee COVID-19 Recovery Act.

Vermont:

On August 18, Governor Scott announced an increase to the maximum grant award for Economic Recovery Grants for Vermont businesses negatively impacted by the COVID-19 pandemic. Now, businesses in eligible industries (lodging, retail, hospitality, arts, travel, and event facility sectors with continued capacity constraints) can receive up to an additional $100,000 in grant funding, for a total of $150,000 from the program. The increased maximum award is available both to new applicants to the program and to those businesses that have already received a $50,000 grant. More information can be found at the Economic Recovery Grant Program website.

West Virginia:

On August 18, Governor Justice held another virtual ceremony, this time awarding more than $1.1 million to various fairs and festivals across West Virginia to assist those communities that had to cancel events due to COVID-19.

August 18, 2020

California:

On August 17, the California Department of Public Health released the backlog of county-testing data and updated its county-monitoring map. The following counties are now included in the watchlist: Amador, Calaveras, Inyo, Mendocino, and Sierra counties. The agency, however, removed Santa Cruz County from the list. Counties now on the watchlist have a 48 hour period, ending on August 19 at 12:01 a.m., to comply with closing requirements, including closing indoor operations at dine-in restaurants, wineries, and shopping malls.

(San Francisco): San Francisco issued a new public health order on August 14. The new order revises previous orders in several ways, including: providing guidance for holding out-of-school programing for non-schools; prohibiting in-person instruction at higher education institutions unless otherwise excepted; and allowing for collegiate athletic programs to submit proposed plans to begin practices or games without spectators. The order continues to require the use of face covering while outside of one’s residence, adherence to social distancing requirements, and limitations on non-household gatherings, among other restrictions previously in place under the prior public health order.

(San Diego): The San Diego Health and Human Services Agency updated its public health order on August 7. The amended order requires employers to notify employees and contractors who may have been exposed to the virus when an employee has been diagnosed.

Colorado:

The Governor signed two new orders on August 17. The first, Executive Order D-2020-165, extends the suspension of several statutes that reduce the need for in-person visits to Medicaid enrollees. The second, Executive Order D-2020-166, extends previous executive orders allowing the Colorado Department of Corrections greater discretion in receiving and housing inmates. Both of the orders expire on September 16.

Connecticut:

As of August 18, Connecticut’s travel advisory has been updated. Anyone travelling from the states listed must self-quarantine for 14 days and complete a form upon returning. Failure to comply with the order may result in a $1,000 penalty.

• Alaska and Delaware have been added to the list.
• Washington state has been removed.

Idaho:

On August 17, 2020, Governor Little announced that Idaho will participate in the Trump Administration’s new conservative plan to offer extended unemployment benefits to continue economic rebound. The program will give Idahoans a benefit of at least $100/week and those who self-certify they are unemployed due to COVID-19 will receive an additional $300/week. Governor Little will reevaluate the need of additional income assistance in five weeks.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now have Iowa and Kansas rejoin the travel quarantine list effective Friday, August 21 at 12:01 a.m. Both states are rejoining 18 states included under the Order which requires individuals arriving to Chicago to quarantine for 14-days.

Kansas:

On August 17, 2020, Governor Kelly signed an Executive Order (#20-61), effective immediately until September 15, 2020, calling for a moratorium on evictions and foreclosures provoked by financial hardships resulting from the COVID-19 pandemic. The Order prevents banks and financial lending entities from foreclosing on mortgages in default and landlords from evicting residential tenants due to default or violations caused by the COVID-19 pandemic. However, the order does not relieve mortgagors and tenants suffering from a COVID-19 financial hardship of their obligations under their respective mortgages and leasing agreements.

Kentucky:

On August 12, Governor Beshear offered an update on his administration’s travel advisory, which recommends a 14-day self-quarantine for Kentuckians who travel to states and U.S. territories that are reporting a positive coronavirus testing rate equal to or greater than 15%. The current areas meeting this threshold include Florida, Nevada, Mississippi, Idaho, South Carolina, Texas, Alabama and Arizona.

On August 14, Secretary of State Michael Adams sent Governor Beshear a formal letter of recommendation, and the Governor issued an Executive Order that outlines procedures for the state’s General Election, to be held Tuesday, Nov. 3, 2020. Voter options include absentee ballot by mail (returned by mail or to a drop box), early voting and election day voting. Kentuckians who were unable to get a driver’s licenses or photo ID due to the pandemic because their clerk’s office was closed, or because they were afraid of exposing themselves to COVID-19, can sign a document explaining this concern and cast their ballot. To learn more, read the full release detailing the elections plan.

Additionally, the Governor updated his August 11 declaration regarding bar and restaurant operations (which I sent you last week), stating the full list of requirements can be found at the Healthy at Work website. The same information from the update last week still applies (bars and restaurants to operate at 50% of capacity, as long as people can remain six feet from anyone who is not in their household or group. Bars and restaurants will be required to halt food and beverage service by 10 p.m. and close at 11 p.m. local time).

New Jersey:

New Jersey Governor Phil Murphy added Delaware and Alaska to the list of states under New Jersey’s Quarantine Advisory bringing the total to 35 states and territories. Under the advisory, people travelling to New Jersey from Delaware and Alaska must quarantine for 14 days.

Oregon:

On August 18th, the Department of Environmental Quality announced that the Oregon Food Bank was awarded a $140,000 grant. The pandemic has affected supply chains for produce, lowering demand from restaurants and other customers, so growers and processors are left with excess food. The DEQ grant will cover the costs of transporting and repackaging more than 2 million pounds of fresh produce, including potatoes, apples and oranges, from growers and processors in Oregon, Washington and California. These funds will be utilized through May 2021, boosting hunger relief efforts at a time of unprecedented demand while keeping additional food waste out of landfills.

Texas:

(Houston): On August 16, 2020, Houston Mayor Sylvester Turner announced that applications for the City of Houston’s Small Business Economic Relief Program (SBERP) will open at 8 a.m. on Wednesday, Aug. 19. The program, which is funded with $15 million of the City's allocated CARES Act 2020 funds, will provide immediate and short-term grant assistance to small businesses and chambers of commerce that have been adversely impacted by the COVID-19 pandemic. Application deadline is 11:59 p.m. on Friday, Sept. 4 and must be completed online at www.cityofhouston-sberp.org.

Vermont:

On August 18, Governor Scott signed Addendum 4 to Amended and Restated Executive Order 01-20. The intent of this rule is to clarify an exception for remote learning that is consistent with the policy intent of the exceptions afforded by 33 V.S.A. § 3511(7), which allows exceptions for school closing days, snow days and vacation days. This clarification will result in an increase in school age full-time child care capacity statewide. “Family child care home” means a child care facility which provides care on a regular basis in the caregiver's own residence for not more than 10 children at any one time. Of this number, up to six children may be provided care on a full-time basis and the remainder on a part-time basis. As used in this subdivision, care of a child on a part-time basis shall mean care of a school-age child for not more than four hours. Gov. Scott also delegated to the Secretary of Agency of Human Services such further authority to undertake measures to expand the State’s capacity for school-age child care.

Virginia:

On August 18, 2020, Governor Northam proposed voting protections for the November election in light of COVID-19. This proposal included $2 million for prepaid return postage on all absentee ballots, expressly permitting localities to implement secure drop off locations, and allow voters to fix errors in absentee ballots.

On August 18, 2020, Governor Northam issued Executive Order Seventy to help mitigate the spread of COVID-19 in state-operated psychiatric hospitals. This executive order

• Allows psychiatric hospitals operating at 100% capacity to decline temporary detention of individuals who are not under emergency custody
• Requires any new admissions or releases must undergo a COVID-19 screening before being admitted or released.

The executive order will be in effect until Executive Order 51 is amended or rescinded.

West Virginia:

On August 17, Governor Justice announced that the color-coded map system to determine the level of openness for reentry in Pre-K-12 schools has been modified. He provided updated thresholds of cases per 100,000 to determine which color each county is in.

August 17, 2020

Arkansas:

Governor Hutchinson issued Executive Order 20-45 which renews the state of emergency and mandates that citizens continue to practice social distancing. The order went into effect on August 14 and is effective for 60 days. The Order also extended the following Executive Orders through the effective date of EO 20-45:

• Order 20-05, regarding telehealth.
• Order 20-06, regarding the suspension of rules and statutes by state agencies.
• Order 20-14, regarding the suspension of in-person witnessing and notarization.
• Order 20-15, regarding the suspension of prohibitions for banks and corporations to hold shareholder meetings solely or partially by remote communication.
• Order 20-18 and 20-34, regarding access to healthcare resources.
• Order 20-22 and 20-35, regarding Workers' Compensation protections.
• Order 20-33, regarding mask-wearing requirements.
• Order 20-44, regarding state and federal elections.

The Department of Health also issued guidelines for school sports venues, which include:

• Seating must be social distanced by households. Every other row should be empty.
• Although the Large Outdoor and Indoor Venue directives allow up to 66%, social distancing may mean actual capacity is between 25-50%.
• Spectators must wear masks at all times. They may be taken off for consuming food or beverages but should be put on immediately afterwards.
• Areas where lines will form, like bathrooms or concessions, should be marked with visual cues to promote social distancing.
• Signs should be posted at entrances that advise those not to enter who have fever, cough, shortness of breath, sore throat, or loss of taste or smell, or have had known exposure to someone with COVID in the past 14 days.
• Signs should be posted at entrances that advise those over the age of 65 or with underlying health conditions they might wish to refrain from entering.
• The facility, including restrooms, should be sanitized as needed throughout the event.
• The use of live-streaming should be used and promoted whenever possible.

Colorado:

Governor Polis signed Executive Order D-2020-163 on August 12. This order extended previous orders that suspended several statutes to allow the Division of Homeland Security and Emergency Management (DHSEM) to establish alternate care sites (“ACS”) in the event there is a surge of COVID-19 infections. These sites include: the Colorado Convention Center, the Larimer Count Fairgrounds and Events Complex, Western Slope Memory Center, St. Anthony’s, and St. Mary-Corwin Medical Center. The order is set to expire on September 11, 2020.

The Governor also signed Executive Order D-2020-164 on August 14. This order extends the requirement that masks be worn in public places. Under the order, all individuals over ten years old must wear face coverings while in an indoor public space or waiting for public transit unless an exception applies. The order also advises those operating places of public accommodation, mass transportation operations, and critical business to deny admittance to anyone not wearing a face covering. Further, owners, operators, or managers of public indoor spaces remain obligated to post signs at a facility’s entrance instructing those that enter that it is their legal obligation to wear a face covering. Exceptions to those requirements include those who are seated at a food service establishment, those exercising alone or with members of their household, and those who are hearing impaired or are otherwise disabled where the ability to see one’s mouth is essential to communication. The order will expire on September 13.

Connecticut:

On August 14, Lieutenant Governor Bysiewicz, in her capacity as acting governor and at the request of Governor Lamont, issued Executive Order No. 7NNN. This Order:

• Repeals Executive Order No. 7BB, Section 1 and replaces it with a similar provision which requires anyone declining to wear a mask or face covering because of a medical condition to have documentation of such condition. The order contains provisions for those with disabilities to obtain such documentation without facing a significant burden.
• Permits the Commissioner of DECD to issue or amend Sector Rules to establish size limits for private gatherings of people who do not live in the same household, regardless of whether such gathering has been organized by a business.

Florida:

(Miami Dade County): On August 12, Mayor Gimenez issued an Executive Order extending the state of local emergency for an additional 7 days commencing on August 13, 2020.

(Palm Beach County): On August 11, Mayor Kerner issued a Declaration of Continuing State of Emergency, which extends the local state of emergency through August 21, 2020.

Georgia:

On August 15, 2020, Governor Kemp signed Executive Order 08.15.20.01, which extends present COVID-19 guidelines and restrictions, and implements new provisions regarding mask mandates by local governments. The Order establishes a “threshold requirement,” based on confirmed cases of COVID-19 in a local jurisdiction over the previous 14 days. Under the new Order, if confirmed cases are equal to or greater than 100 cases per 100,000 people, the local jurisdiction is deemed to have met the threshold requirement, and the local government is permitted to impose a “Local Option Face Covering Requirement.” However, such a requirement is optional and not mandated by the Order.

If a local government choses to implement the face covering requirement, there cannot be any “fines, fees, penalties, or other causes of action” against private businesses or organizations. Enforcement measures may be taken against individuals only. Businesses cannot be held liable for their customers’ noncompliance but may be required to post reasonable public notice of a “Local Option Face Covering Requirement,” and state whether it consents to enforce or not enforce requirements for customers while on its property. This Order is set to expire at 11:59 p.m. on August 31, 2020.

Hawaii:

(Kauai County): With Governor Ige’s concurrence, Mayor Kawakami issued Mayor’s Emergency Rule #15, which prohibits persons subject to self-quarantine from renting motor vehicles, whether through a rental car company, online service, or peer-to-peer platform or car sharing service, upon entering the island. The Rule became effective August 11, 2020 at 12:01 a.m. Mayor Kawakami also amended Mayor’s Emergency Rule #13, limiting outdoor gatherings of groups from 100 to 25 people, effective August 11, 2020.

Idaho:

On August 14, 2020, Governor Little’s Coronavirus Financial Advisory Committee approved $2.56 million to support community food banks, $10 million to support long-term care facilities, and $2.75 million to support Juvenile Corrections Center in St. Anthony. These funds are meant to support costs associated with food bank equipment; care facilities with residents who have tested positive for COVID-19, including separate locations to care for these individuals or transportation costs for treatment; and creating better social distancing at St Anthony’s Juvenile Corrections Center.

Illinois:

Governor Pritzker and the Illinois Department of Public Health (IDPH) announced new COVID-19 mitigation efforts that will be implemented in the Metro East area beginning Tuesday, August 18. The Metro East region includes the following counties: Bond, Clinton, Madison, Monroe, Randolph, St. Clair and Washington. Measures include the closing of bars, restaurants, and casinos by 11:00 p.m., the closing of party buses and the reduction of gathering sizes to the lesser of 25 people or 25 percent of room capacity. These measures will remain in effect over a 14-day period after which time more stringent mitigation measures, such as the closing of indoor bars and dining, may be implemented if metrics do not improve. The new mitigations can be found here.

Iowa:

On August 15, Governor Reynolds announced that the United States Federal Emergency Management Administration (FEMA) has approved Iowa’s application to participate in the Lost Wages Assistance program. The program provides eligible claimants who are receiving unemployment with additional benefits, starting the week ending August 1st. The Lost Wages Assistance program will publicize eligibility requirements and the application process as it becomes available.

Kansas:

On August 13, 2020, Governor Kelly announced a second round of CARES Act funding, totaling over $130 million in grants. Beginning at 12:00 p.m. on Wednesday, August 19, 2020, businesses can apply for the following:

• small business working capital grants;
• securing local food systems grants;
• PPE procurement & manufacturing grants;
• COVID-19 bioscience product development acceleration grants;
• connectivity emergency response grants;
• broadband partnership adoption grants;
• domestic supply chain fortification grants;
• IT, cybersecurity, & IT project management certification training grants; and
• higher education advance manufacturing & IT equipment grants.

(Kansas City–Wyandotte County): The Local Public Health Officer issued an order on August 13, 2020, regarding sports in Wyandotte County. The order, which took effect August 14, 2020, requires all athletes, coaches, and nonparticipating individuals to wear masks indoors and outdoors, when social distancing cannot be maintained.

Per the order, football, volleyball, soccer, and band competitions are prohibited during the fall season. However, football, volleyball, soccer, band, and basketball practices are permitted, conditional on implementation social distancing and sanitization. Additionally, the order permits non-contact sports—including debate, speech, tennis, gymnastics, golf, cross country—in compliance with state directives.

Additionally, on August 14, 2020, the Unified Government Board of Commissioners approved an Emergency Order and Resolution, relaxing rules on food trucks, farmer’s markets, and mobile markets throughout the county. The order suspends enforcement through December 31, 2020 of a number of ordinances and amends the Code of Regulations to allow businesses to expand their reach within the COVID-19 restrictions.

Farmer’s markets may operate within the following guidelines:

• must operate between 8:00 a.m. and 5:00 p.m.;
• must occur on a paved lot with owner’s permission;
• cannot obstruct ADA parking spaces, fire hydrants, bus stops, or loading/unloading zones;
• no Special Use permit is required with a valid business license and a plan of operation submitted to the Department of Planning and Urban Design;
• must enforce social distancing among customers and vendors.

Mobile markets may operate within the following guidelines:

• must obtain a business license;
• must display signage indicating contact information;
• must operate between 8:00 a.m. and 7:00 p.m. (Sunday–Thursday) and 8:00 a.m. and 8:00 p.m. (Friday and Saturday), extendable to 10:00 p.m. at a permitted block party;
• must receive invitation from location owner;
• vehicles cannot block sidewalks, violate no-parking zones, park in metered spot without paying, or occupy any public right-of-way;
• vehicles cannot park within 100 feet of a single-family home, or in parking spots required for other businesses;
• cannot remain parked in one location for more than 4 hours.

Mobile vendors may operate within the following guidelines:

• must obtain a business license;
• vehicles must pay meters and maintain proper time in metered spots;
• vehicles cannot park within 15 feet of a fire hydrant or bus stop, within 20 feet of an intersection or street corner, or in a loading/unloading zone;
• queueing for ordering, purchasing, and receiving product must be at least 5 feet from passing traffic;
• vehicles cannot park on a road with a speed limit exceeding 40 miles per hour;
• sandwich boards must be within 5 feet of the vehicle, and not interfering with traffic;
• must operate between 9:00 a.m. and 8:00 p.m. (agriculture-zoned districts and residential areas) or 9:00 a.m. and 10:00 p.m. (commercial- and industrial-zoned districts).

Maine:

On August 14, Governor Mills’ administration posted that more businesses, including movie theaters, restaurants, museums, campgrounds and RV parks, and gyms and fitness centers, can reopen as state enters Stage 3.

Mississippi:

Governor Reeves issued Executive Order 1518 which is in effect until August 31, 2020. It extends the Safe Return Order instituted in Executive Order 1492 and mandates the following guidelines for K-12 extracurricular activities:

• Attendance should be limited to two attendees per student, excluding coaches, staff, etc.
• Masks are required at all times during indoor events.
• Masks are required at outdoor events when in transit to or from seats, in restrooms, in concession sales areas, and in all places where social distancing is not possible.
• Masks are required for all time for all employees, staff, and volunteers.
• Prominent signage requiring masks should be posted at all points of entry.
• Attendees should attempt to social distance at all times.
• For concessions:
  • all operating staff shall be provided with a mask;
  • all customers should social distance;
  • all customers should not be permitted to congregate in the area of the concession stand;
  • all employees and volunteers shall be screened for COVID before beginning their shifts.
• All events should have a designed Safety Officer enforcing this Executive Order.

Nevada:

On August 14, Governor Steve Sisolak formalized the previously announced Road to Recovery: Moving to a New Normal plan via Directive 030.

New Hampshire:

On August 13, Governor Sununu issued two emergency orders. First, Emergency Order #64 states that school districts who have selected a remote model for their general education population shall not exclude in-person services from consideration for students with disabilities. Further, in-person services should be provided if they are needed for the student’s individualized needs and consistent with the health and safety needs of the child, teachers, and child’s family.

Second, Emergency Order #65 states that any business, organization, entity, property owner, facility owner, organizer or individual who recklessly violates any Emergency Order, rule, or regulation issued under the current State of Emergency is subject to a civil penalty of up to $1,000 per violation or per day that a violation continues. Moreover, a failure to comply with an Emergency Order, rule, or regulation issued under the current State of Emergency and enforced by the Division of Public Health (DPH) will be a fine of $2,000 per day; a failure to cooperate in an investigation of a potential Emergency Order violation will be a fine of $1,000 per day; a failure to cease operation after DPH told you to, will be a fine of $1,000 per day; and failure to comply with DPH instructions after getting a positive COVID-19 test result, will be a fine of $1,000 per day.

New Jersey:

New Jersey Governor Phil Murphy signed Executive Order No. 178 extending existing Executive Orders which give the Commissioner of the Department of Banking and Insurance more time (between 30 days and 6 months) to approve or deny applications, amendments, and certifications filed with the Department of Banking and Insurance. The order also extends the deadline for higher education institutions to submit plans to expand the use of open textbooks and commercial learning materials by 6 months.

New Mexico:

Governor Grisham issued a new order on August 13 providing new funding to the Department of Homeland Security and Emergency Management (DHSEM). This new order directs $750,000 to be made available to DHSEM for emergency disaster relief.

North Carolina:

On August 11, Governor Roy Cooper signed Executive Order No. 156, which extends deadlines for certain health assessments and immunization requirements due to the impact of the pandemic. The order provides that NCDHHS shall provide additional time for families, students, and children to complete required immunizations.

On August 14, Governor Roy Cooper signed Executive Order No. 157, which extends certain transportation-related provisions in previous executive orders.

Governor Roy Cooper also announced that businesses and nonprofit organizations in North Carolina that have experienced interruption due to the pandemic could qualify for up to $250,000 from a new state grant program. The Department of Commerce is now accepting applications for the Job Retention Grant Program through the agency’s website. Both for-profit and certain types of nonprofit employers may apply for grants through the program, which has a strict application deadline of September 1, 2020.

North Dakota:

On August 13, Governor Burgum announced the launch of the new Care19 Alert smartphone app designed to notify users of possible COVID-19 exposure while protecting their privacy with technology developed by Apple and Google. North Dakota-based ProudCrowd LLC developed Care19 Alert in partnership with the North Dakota Department of Health using federal funding. The free app is available to download through the App Store and the Google Play Store. Care19 Alert is the only app in North Dakota allowed to use the exposure notification system (ENS) application programming interface (API) jointly created by Apple and Google. 

Oregon:

On August 13, Governor Brown announced that Malheur County will move from Phase 2 back to Phase 1 status, effective Monday, August 17. Malheur County was placed on the County Watch List on July 3, and COVID-19 has spread rapidly since.

Tennessee:

Governor Lee has expanded the Tennessee Small Business Relief Program to include additional businesses as long as they have less than $10 million in annual gross sales as shown on April sales tax returns and fall within an industry impacted by executive order limitations or a retail industry that experienced a 25% reduction in taxable sales in the month of April due to the public health emergency. The TN Department of Revenue will provide a full list of eligible businesses and instructions. The TN Department of Agriculture also has an economic support program for agricultural businesses and forestry businesses to help ensure stability of the food supply chain and agribusiness economy. Applications for funding through this program will be accepted through August 31.

(Nashville/Davidson County): The Chief Medical Director has issued Order 11 Phase Two with Modifications: Reopening. The order supersedes and replaces Amended and Restated Order 7 and Amendment 3 of Order 9. It expires at 11:59 p.m. on August 31, 2020. Most of the requirements are restated from previously orders. Changes are as follows:

• The instructions on limiting capacity and using the entire amount of occupancy space have been amended in most instances to require businesses to equally distribute patrons throughout the space.
• Private gatherings are explicitly added to the list prohibiting crowd sizes of more than 25 people in Section 1
• Food and beverage dining areas in retail and commercial businesses may operate at a maximum 50% capacity if they otherwise comply with the rules for food service businesses in Section 4.
• Limited service restaurants may operate at the lesser of 50% of max. capacity or 25 patrons on premises.
• An entity whose primary business is food service (except limited service restaurants) may operate at the lesser of 50% capacity or 100 patrons per floor.
• Bars that hold an on-premise beer permit but do not hold a license issued by the TN ABC may operate at the lesser of 50% of the max. capacity or 25 patrons on premises.
• Customers and guests at any food establishment shall remain seated, except when entering or exiting the premises, or walking to and from the restroom.
• No-touch beverage filling stations are allowed in food establishments.
• Limited service restaurants and other food service businesses cannot sell alcohol via take-out, window, or cub-side delivery between 10:30 p.m. and 5:00 a.m. CDT.
• Live music or entertainment is allowed, subject to the conditions set out in Exhibit B.
• Sport and recreational leagues and sports tournaments may resume, if participants and spectators adhere to crowd-side limitation and CDC guidance on social distancing.
• Guided tours or public programs are allowed to resume at 50% or less of regular capacity provided crowd-size limitations and CDC guidance is maintained at museums, cinemas, bowling alleys, miniature golf, driving ranges, go-carts, water parks, zip lines, paintball, ice or roller rinks, arcades, and similar attractions or participatory activities.
• Ancillary or participatory activities can also resume at the above businesses including arcade games, pool, amusement rides, or similar activities. Cleaning supplies should be provided alongside each activity for customer use.
• Social clubs serving food or beverage are limited to 50% capacity and shall comply with the conditions for food service businesses in Section 4.
• Overnight family camps shall allow only one family per cabin. Each family shall remain together for the duration of the camp having only incidental interaction with others.
• The new Section 7 provides that event, rental, and music venues, businesses and facilities except those in Section 2 with an occupancy limit of 1500+ may operate at 50% or less of capacity up to a maximum of 25 people. There are 18 requirements listed in the section. Those specific to these businesses are:
  • All customers shall be off premises and the premises closed to the public between 10:30 p.m. and 5:00 a.m. CDT.
  • Seating sufficient for one-half the total attendees shall be provided.
• Section 12 is added which restates the requirements and closures for transportation businesses that were previously in effect.
• Violations of Order 11 shall be subject to civil and criminal penalties.

(Nashville/Davidson County): The Chief Medical Director issued Amended and Restated Order 10 regarding geographic areas covering Downtown and Midtown. The Order is effective at 11:59 p.m. on August 16, 2020 and remains in effect through 11:59 on August 31, 2020, and makes the following amendments:

• Bars that hold an on-premise beer permit but do not hold a license issued by TN ABC and limited service restaurants may operate at the lesser of 50% max. capacity or 25 patrons on premises and must comply with the additional conditions listed.
• Entities whose primary business is food service (except limited service restaurants) may operate at the lesser of 50% of max. capacity or 100 patrons per floor.
• The order lists 22 requirements for the listed business in these districts to open. Most are the same as were previously expected of food service establishments or as listed in Order 11. Notable requirements include:
  • No party of more than six people shall be allowed.
  • Customers and guests shall remain seated, except when entering or exiting the premises, or walking to or from the restroom.
  • Bar counter areas must be closed to the public; the bar may be used to prepare and service orders from patrons seated elsewhere. No interaction between the public and bartender shall be allowed. No customer is allowed to stand or sit at the bar.
  • Live music or entertainment is allowed, subject to the conditions in Exhibit B.
  • Alcohol for on-premises consumption may be served only to seated customers.
  • No ancillary or participatory activities including, but not limited to, arcade games, pool, foosball, darts, axe throwing, amusement rides, laser tag, or similar activities shall be allowed.
  • All customers shall be off premises and the premise closed to the public between 10:30 p.m. and 5:00 a.m. CDT.
  • Customers shall not be allowed to remove alcoholic beverages from the premises.
  • Except when sold for consumption on premises or for off-premises delivery, the sale of alcohol is prohibited.

Texas:

(Travis County): On August 14, 2020, Travis County Judge Sam Biscoe signed County Judge Order 2020-16; Relating to the COVID-19 Community Restrictions. Effective as of 12:00 a.m., Sunday, August 16, 2020 and continuing through 11 :59 p.m. on December 15, 2020 unless extended. This Order:

• Extends the local disaster declaration and public health emergency for Travis County.
• Extends prohibition of any gatherings that exceed 10 people, except as permitted by the Governor’s Proclamation and Orders.
• Extends requirement for every person in Travis County to wear a face covering over their nose and mouth when inside a commercial entity or other building open to the public, or when in an outdoor public space whenever not feasible to maintain six (6) feet of social distancing from persons outside one’s household.

(Austin): On August 14, 2020, Austin Mayor Steve Adler issued Order No. 20200815-019 extending existing requirements for face coverings, social distancing and limiting gatherings. It also extends development application deadlines to March 15, 2021 and changes nursing home standards to comply with new state guidelines allowing for some visitation. Lastly, the Austin order stipulates that each school that offers instruction to students in one or more grades, pre-kindergarten through grade 12, must follow the phased-in approach in provided in Exhibit E unless it will result in a loss of funding from the Texas Education Agency.

On August 17, 2020, the City of Austin’s Neighborhood Housing and Community Development Department (NHCD) and the Housing Authority of the City of Austin (HACA) announced the launch of the Relief of Emergency Needs for Tenants (RENT) Assistance Program, a $17.75 million program providing $12.9 million in direct rent support for in