50-State Emergency Order Tracker: Roadmap to Restart

UPDATED AS OF SEPTEMBER 15, 2020

Ann Marie Uetz | auetz@foley.com Vanessa Miller | vmiller@foley.com

FOLEY.COM/CORONAVIRUS

50-State Emergency Order Tracker: Roadmap to Restart | i

TABLE OF CONTENTS NOTE: red text indicates where updates have been made since the prior version.

Alabama .....................................................................................................................................1 Alaska .........................................................................................................................................4 Arizona .......................................................................................................................................7 Arkansas................................................................................................................................... 12 California .................................................................................................................................. 15 Colorado ................................................................................................................................... 19 Connecticut............................................................................................................................... 23 Delaware .................................................................................................................................. 27 Florida....................................................................................................................................... 31 Georgia ..................................................................................................................................... 35 Hawaii ....................................................................................................................................... 37 Idaho......................................................................................................................................... 40 Illinois........................................................................................................................................ 42 Indiana ...................................................................................................................................... 46 Iowa .......................................................................................................................................... 49 Kansas...................................................................................................................................... 51 Kentucky ................................................................................................................................... 54 Louisiana .................................................................................................................................. 58 Maine ........................................................................................................................................ 62 Maryland ................................................................................................................................... 66 Massachusetts.......................................................................................................................... 69 Michigan ................................................................................................................................... 73 Minnesota ................................................................................................................................. 76 Mississippi ................................................................................................................................ 78 Missouri .................................................................................................................................... 82 Montana.................................................................................................................................... 84 Nebraska .................................................................................................................................. 87 Nevada ..................................................................................................................................... 90 New Hampshire ........................................................................................................................ 93

FOLEY.COM/CORONAVIRUS

50-State Emergency Order Tracker: Roadmap to Restart | ii

New Jersey ............................................................................................................................... 96 New Mexico ............................................................................................................................ 100 New York ................................................................................................................................ 104 North Carolina ........................................................................................................................ 109 North Dakota .......................................................................................................................... 112 Ohio ........................................................................................................................................ 116 Oklahoma ............................................................................................................................... 121 Oregon.................................................................................................................................... 124 Pennsylvania .......................................................................................................................... 127 Rhode Island .......................................................................................................................... 131 South Carolina ........................................................................................................................ 135 South Dakota .......................................................................................................................... 140 Tennessee .............................................................................................................................. 143 Texas ...................................................................................................................................... 147 Utah ........................................................................................................................................ 151 Vermont .................................................................................................................................. 154 Virginia.................................................................................................................................... 158 Washington............................................................................................................................. 161 West Virginia .......................................................................................................................... 165 Wisconsin ............................................................................................................................... 169 Wyoming................................................................................................................................. 171

U.S. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY & INFRASTRUCTURE SECURITY AGENCY (CISA) GUIDELINES CISA 1.0 Guidance as of March 19, 2020 https://www.cisa.gov/sites/default/files/publications/CISA-Guidance-on-Essential-Critical-InfrastructureWorkers-1-20-508c.pdf CISA 2.0 Guidance as of March 28, 2020 https://www.cisa.gov/sites/default/files/publications/CISA_Guidance_on_the_Essential_Critical_Infrastructure_ Workforce_Version_2.0_Updated.pdf CISA 3.0 Guidance as of April 17, 2020 https://www.cisa.gov/sites/default/files/publications/Version_3.0_CISA_Guidance_on_Essential_Critical_Infras tructure_Workers_2.pdf

FOLEY.COM/CORONAVIRUS

50-State Emergency Order Tracker: Roadmap to Restart | iii

Alabama Source of Information https://www.alabamapublichealth.gov/legal/assets/soe-covid19-09-14-20.pdf https://www.alabamapublichealth.gov/legal/assets/order-adph-cov-gatherings-082720.pdf https://www.alabamapublichealth.gov/legal/assets/soe-saferathome-082720.pdf https://governor.alabama.gov/assets/2020/07/BPPS.Coronavirus.MaskOrderFAQ.2.0720na.pdf https://governor.alabama.gov/assets/2020/07/GKI_Health-Order-Update_Aug_31_Vertical.pdf https://governor.alabama.gov/assets/2020/07/GKI_Health-Order-Update_Aug_31_Horizontal.pdf https://www.alabamapublichealth.gov/legal/assets/order-abc-hours-072720.pdf https://www.alabamapublichealth.gov/legal/assets/order-adph-cov-gatherings-071520.pdf https://www.alabamapublichealth.gov/legal/assets/soe-covid19-071520.pdf https://www.alabamapublichealth.gov/legal/assets/order-physicianlicensure-071720.pdf https://www.alabamapublichealth.gov/legal/assets/soe-covid19-070220.pdf https://www.alabamapublichealth.gov/legal/assets/soe-municipalelections_082120.pdf Dates Stay at Home Order in Effect The only order currently in effect is Alabama’s “Safer at Home” order, as summarized below, which is in effect through 5 PM on October 2, 2020.

Orders / Plans for Restart The “Safer at Home” order remains largely unchanged as of August 27, 2020, and it continues to address many aspects of business operations, certain of which are summarized as follows: 1) recommendations for individuals: minimize travel and follow hygiene and social distancing recommendations; 2) requirements to wear facial coverings, with various exceptions; 3) quarantine for infected persons: people who test positive for COVID-19 must stay at their residences for 14 days, except to seek necessary medical care; 4) non-work related gatherings: all non-work related gatherings of any size that cannot maintain 6ft. social distancing between persons of different households, are prohibited. Religious gatherings should follow the “Guidelines for Places of Worship,” available at https://alabamapublichealth.gov/covid19/assets/cov-sahworship.pdf;

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 1

5) protections for employees: the order mandates that all employers take reasonable steps to protect employees by: i) avoiding gatherings of 10 employees or more; ii) maintaining six feet of separation between employees; iii) regularly disinfecting frequently used items and surfaces; iv) encouraging handwashing; v) preventing employees who are sick from coming into contact with other persons; vi) facilitating remote working arrangements; and vii) minimizing employee travel. Also, employers are strongly encouraged to implement the “Guidelines for Safeguarding All Businesses,” available at https://alabamapublichealth.gov/covid19/assets/covsahbusinesses.pdf; 6) protections for customers/visitors to businesses: the order mandates that operators of businesses, government offices, or other establishments open to the public protect all people entering such facilities by avoiding gatherings of 10 or more people, maintaining social distancing requirements of 6ft. between all people (except those from the same household), and regularly disinfecting highly touched / used surfaces and items; 7) retailers: the order mandates that all retail stores limit occupancy to 50% (of the normal occupancy load, as determined by the fire marshal), follow social distancing of 6ft. stringently, and take reasonable steps to follow the CDC’s and the State’s sanitation guidelines; 8) close-contact service providers: businesses like barber shops, hair salons, waxing salons, etc. must ensure social distancing of six feet for clients and their household members (they cannot get within 6 feet of people from another household), must ensure that all employees within 6 feet of clients are wearing facial coverings, keep hands clean at all times and wear gloves, and these providers are also encouraged to implement “Guidelines for Close Contact Personal Service Businesses,” available at https://alabamapublichealth.gov/covid19/assets/cov-sahclose-contact.pdf; 9) higher-risk businesses and activities: all the following must remain closed to non-employees / not take place across 3 general categories (entertainment venues and athletic facilities; 10) educational institutions and child day care facilities: for all schools, in-person instruction is not allowed, but the order does not apply to daytime programs arranged for the children of essential employees. However, these daytime programs must limit groups to 12 children and enhanced sanitation practices consistent with CDC / State guidance must be followed; and 11) medical procedures: dental, medical, or surgical procedures may proceed unless the State Health Officer or his designee determines it would hurt PPE / resource supplies necessary for the State’s COVID-19 response, and all providers must follow all applicable COVID-19 related rules and regulations.

The State released a Proclamation on July 2nd to permit nonprofit corporations to meet remotely and to extend the state of emergency an additional 60 days, from July 11th through September 9th.

As of July 21st, the State is allowing for expedited, emergency medical licenses, in light of the pandemic.

As of July 28th, the State is prohibiting the sale of alcohol after 11 PM each day, through 6 AM the next morning. Any purchased alcohol must be consumed on the premises of a bar no later than 11:30 PM. The effective date for this change is August 1st.

As of August 25th, the Governor issued a proclamation, indicating that municipal election officials are having difficulty finding election officials and poll workers for upcoming elections, due to the COVID-19 pandemic. For only the August 25th and October 6th elections of 2020, this proclamation essentially aims to make it easier to recruit such election officials and poll workers, to ensure the elections have adequate workers present.

As of September 15th, the Governor issued a proclamation, indicating that Tropical Storm Sally was / is an imminent threat to Alabama, and might develop into a hurricane and make landfall in the near future. Other than activating the Alabama National guard and taking other protective measures directly related to Tropic Storm Sally, the proclamation also suspends any provision of the state’s COVID-19 orders that, if followed, would endanger life in the midst of Tropical Storm Sally. It emphasizes that people are asked to be vigilant about COVID-19, even when

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 2

excused from compliance at certain times when required for safety due to Tropical Storm Sally. An example is the use of shelters and community safe rooms, which the proclamation indicates should be kept as much in compliance with COVID-19 best practices as possible under the circumstances.

Definition of Essential Infrastructure/Business Restrictions are being loosened, but all businesses must follow the revised requirements in the order.

Transportation There do not appear to be restrictions affecting transportation under the new order.

Manufacturing There do not appear to be restrictions affecting manufacturing under the new order.

Construction There do not appear to be restrictions affecting construction under the new order.

Retail Restrictions on retail are relaxed in the new order, but still present.

Hotel/Restaurant There does not appear to be mention of hotels in the newest order. Restaurants and similar establishments are allowed to resume in-person dining as of May 11 with certain restrictions, such as limitations on party size and six-foot distance between parties. Social distancing is required for any operations.

Face Mask Requirements?

As of July 21st, face masks are now required in public, indoors and outdoors, in most circumstances, but with exceptions of the sort seen nationwide in other jurisdictions that have imposed face-mask requirements (e.g., for practical necessity, exercise, effective communication, constitutionally protected activity, and essential job functions).

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 3

Alaska Source of Information https://covid19.alaska.gov/wp-content/uploads/2020/08/08062020-COVID-MANDATE-010-REVISED.pdf https://covid19.alaska.gov/travelers/ https://covid19.alaska.gov/reopen/ https://covid19.alaska.gov/wp-content/uploads/2020/05/05192020-Alaskas-Plan-Forward-Final.pdf https://covid19.alaska.gov/wp-content/uploads/2020/05/05212020-Phase-III-IV-Guidance.pdf https://gov.alaska.gov/home/covid19-healthmandates/ http://dhss.alaska.gov/dph/Epi/id/Pages/COVID-19/default.aspx Dates Stay at Home Order in Effect N/A. There is no stay-at-home order currently in effect, and the “Reopen Alaska Responsibly Plan” is currently underway in Phase 3/4. The most recent developments include that Alaska is now “open for business,” as most health mandates have been rescinded; presently, the only health mandates remaining are numbers 10 (international and interstate travel and order for self-quarantine), 14 (non-congregate sheltering order), 15 (services by health care providers), 17 (protective measures for independent commercial fishing vessels), and 18 (intrastate travel). Most noticeably, health mandate number 16 – the “Reopen Alaska Responsibly Plan Phase I & II” – is rescinded.

As of June 2, 2020, Health Mandate 10 was updated on June 1, 2020 to be extended through 11:59 PM on June 5, 2020. Health Mandate 17 was updated on May 27, 2020, which appears to be the last date on which it was reviewed, and it will remain in effect until rescinded or superseded.

As of June 9, 2020, Health Mandate 10 was revised on June 3, 2020, with revisions going into effect on June 6, 2020 that pertain to international and interstate travel – it appears primarily to be an extension to Health Mandate 10. Health Mandate 15 was revised on June 3, 2020, with various edits and revisions for services by health care providers, most of which appear to be effective as of June 1, 2020. Health Mandate 18, regarding intrastate travel, was updated on June 5, 2020. As of June 9, 2020, Health Mandates 14 and 17 appear to remain in effect, too.

As of August 5th, Health Mandate 10 was revised. The revisions went into effect on August 11th, and they set forth new requirements for travelers entering or leaving Alaska, primarily divided between non-residents and residents. In addition to reviewing the updated Health Mandate 10, travelers to or from Alaska should visit https://covid19.alaska.gov/travelers/ to understand the specific requirements applicable to them, and to find the various forms, testing information, and local details they need to travel lawfully to and from Alaska.

Orders / Plans for Restart With Phase 3/4 of the “Reopen Alaska Responsibly Plan” underway, there is general and detailed guidance provided by the state (see the links above). The key take-aways include the following: i) the base actions forming Alaska’s “playbook for the future” include staying six feet away from non-family members, washing hands frequently, wiping down surfaces frequently, wearing face coverings when in public

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 4

settings in close contact with others, staying home if sick and testing for COVID-19 if symptoms are present, and being mindful and respectful to the most vulnerable populations, including seniors and those with existing health issues; ii) all businesses can open, all houses of worship can open, all libraries and museums can open, all recreational activities can open, and all sports activities can open, unless as subject to specified restrictions; and iii) as for exceptions, restrictions, and closures, the following still applies: 1) various travel restrictions and requirements, including self-quarantine requirements and testing requirements, remain in place and have been updated through August; 2) all senior centers, prisons, and institutions will continue to have restricted access; 3) any proposed large public gatherings, such as festivals and concerts, need to consult first with public health before scheduling; 4) the State will continue to work with large industries to protect their workforce and the communities in which they operate; 5) communities may still elect to keep in place travel restrictions, and some Alaskan communities may wish to extend restrictions on non-essential travel into their communities for health reasons (i.e., check with your local community); and 6) Health Mandates 10 (Interstate and International Travel), 14 (NonCongregate Sheltering Order), 15 (Elective Medical/Dental), 17 (Commercial Fishing), and 18 (Intrastate Travel) remain in effect.

Also, Health Mandate 15 (Services by Health Care Providers) was recently updated on June 17, 2020, specifically with respect to its Appendix 03, providing guidance for dentists.

Definition of Essential Infrastructure/Business This no longer applies based on the current Phase 3/4 status of the “Reopen Alaska Responsibly” Plan.

Transportation This no longer applies based on the current Phase 3/4 status of the “Reopen Alaska Responsibly” Plan. .

Manufacturing This no longer applies based on the current Phase 3/4 status of the “Reopen Alaska Responsibly” Plan.

Construction This no longer applies based on the current Phase 3/4 status of the “Reopen Alaska Responsibly” Plan.

Retail This no longer applies based on the current Phase 3/4 status of the “Reopen Alaska Responsibly” Plan.

Hotel/Restaurant This no longer applies based on the current Phase 3/4 status of the “Reopen Alaska Responsibly” Plan.

Face Mask Requirements?

The State indicates that it is not ordering the use of masks, but that private companies and entities can enact their own face mask requirements.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 5

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 6

Arizona Source of Information https://azgovernor.gov/file/35657/download?token=QEqGi5N9 https://azgovernor.gov/file/35615/download?token=eRrdqFHhttps://azgovernor.gov/file/35306/download?token=bfui6MzN https://azgovernor.gov/file/35322/download?token=u1Y_z-AT https://azgovernor.gov/file/35324/download?token=7YsY-oso https://azgovernor.gov/governor/news/2020/07/governor-ducey-announces-new-actions-contain-covid-19 https://azgovernor.gov/file/35221/download?token=dcqvammZ https://azgovernor.gov/file/35220/download?token=OTQZfiTG https://azgovernor.gov/file/35164/download?token=DcEvwQ4E https://azgovernor.gov/file/35111/download?token=HPVIrYGe https://azgovernor.gov/file/35147/download?token=4zgksq5W https://azgovernor.gov/file/35148/download?token=jFLDklga https://azgovernor.gov/file/35048/download?token=ad-EoFB8 https://azgovernor.gov/governor/news/2020/06/governor-ducey-announces-enhanced-covid-19-action-plan https://azgovernor.gov/governor/reopening-guidance https://azgovernor.gov/newsroom https://azgovernor.gov/file/34899/download?token=3XTbfXMX https://azgovernor.gov/sites/default/files/executive_order_2020-36_return_stronger.pdf https://www.azdhs.gov/preparedness/epidemiology-disease-control/infectious-diseaseepidemiology/index.php#novel-coronavirus-home https://azgovernor.gov/sites/default/files/eo_2021_0.pdf https://azgovernor.gov/executive-orders https://azgovernor.gov/file/34745/download?token=kz_fRE5B https://azgovernor.gov/file/34712/download?token=aWa7Jw6L

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 7

Dates Stay at Home Order in Effect N/A “Stay Healthy, Return Smarter, Return Stronger” Executive Order 2020-36 is now the primary order in effect. As of June 17, 2020, it has been supplemented due to a spike in COVID-19 cases through EO 2020-40 and additional actions by Governor Ducey, the net effects of which are to boost diagnostic testing, boost contact tracing efforts, increasing awareness of social distancing and face-covering guidelines, increasing focus on longterm care settings, including providing $10 million for additional PPE and face masks, and enhancing guidance for establishments to limit congregating and enforce migration policies.

Orders / Plans for Restart Arizona issued EO 2020-32 on April 22, 2020 which started in motion the resuming of elective surgical procedures on May 1, 2020 subject to meeting minimum criteria (including, but not limited to, a continuing supply of PPE, adequate staffing and bed availability, implementation of robust COVID-19 testing plans, implementation of enhanced cleaning procedures, and more). This order will be examined every two weeks in connection with a review of EO 2020-10.

Physical / social distancing requirements include taking necessary measures to ensure 6 ft. is maintained at all times, and other requirements for all businesses including those deemed essential), including plans to reduce capacity, and provide for online services where possible.

On May 4, 2020, Arizona released EO 2020-34, which allowed the reopening of barbers and cosmetologists on May 8, 2020, provided they establish and implement protocols and best practices for businesses to address COVID-19, including using face coverings for employees and customers, operating by appointment only and following protocols as directed by the CDC and Arizona state agencies.

On May 11, 2020, restaurants were allowed to resume dine-in services.

On May 12, 2020, Arizona issued EO 2020-36, which allows the prior stay-at-home order to lapse as of May 16, 2020, with Arizona instituting a “Stay Healthy, Return Smarter, Return Stronger” policy thereafter, with reopening guidance on the State’s website. Vulnerable individuals are still encouraged to stay home under the new order, and everyone should practice social distancing in public. In addition, any businesses operating in Arizona must develop, establish, and implement policies to limit and mitigate the spread of COVID-19, including: (1) promoting hygiene; (2) intensifying cleaning practices; (3) monitoring sickness; (4) ensuring physical distancing; (5) providing PPE as needed; (6) encouraging telework; (7) providing plans to phase-in return to work; and (8) limiting gatherings to 10 people where possible.

EO 2020-37 creates a new “Enhanced Surveillance Advisory” pursuant to A.R.S. Section 36-782(A), the primary impact of which is the granting of new authorities to the Arizona Department of Health Services, including access to confidential patient information, and – across a range of healthcare institutions – new reporting requirements, including such details as the number of ventilators in use, the number of ICU beds in use and available for use, descriptions of triage processes currently established, the number of newly positive COVID-19 patients, etc. All test results must be released to the Arizona Department of Health Services, including extensive details on the labs that tested and all parties involved in testing (e.g., the director of the lab, the ordering physician, the subject, etc.).

As of June 30, 2020, there are some additional orders, including EO 2020-42, which extends the “Good Samaritan” order (EO 2020-27), which provides protections for healthcare workers and volunteers, through December 31, 2020. Also, there is EO 2020-43 – Pausing of Arizona’s Reopening Slowing the Spread of COVID19 – which slows down the pace of reopening because of spike in COVID-19 cases. Some primary effects include limitations on public events of more than 50 people, a halt on granting certain liquor licenses, and shutting down through July 27, 2020 certain businesses, including bars (pick-up, delivery, and drive-through operations are allowed), indoor gyms & fitness clubs or centers, indoor movie theaters, and water parks and tubing operators (pools may open, subject to limitations and guidelines). EO 2020-44 regards Protecting Public Health for Students and Teachers, and it implements guidelines and restrictions on school years starting at different intervals. For

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 8

instance, classes starting July 1st cannot have in-person sessions until August 17th. Other details, including submitting plans for “distance learning� are included.

As of July 8th, one new order is EO 2020-46, which extends public programs and funding through March 31, 2021, including the state library, the voluntary remediation program administered by ADEQ, etc., in the context of the COVID-19 pandemic.

There are two new orders as of July 14th, EOs 2020-47 and 2020-48. EO 2020-47 limits restaurant occupancy to less than 50% (per fire department specifications), requires social distancing (including between booths and tables), and imposes other restrictions (e.g., no buffets) to limit the COVID-19 spread from dining-out operations. EO 2020-48 is an enhanced surveillance advisory order that imposes several new actions and requirements for healthcare operators (individuals and entities) to track symptoms from patients, take their demographic details, keep track of contacts and contact information, test specimens, share information, etc., all aimed at slowing the spread of COVID-19; some effects include that hospitals must provide extensive reports about operations in the midst of the pandemic every 24 hours and make significant strides toward increasing capacity for patients. (NOTE: EO 2020-48’s requirements are extremely detailed and requirements further depend on the nature of hospital / healthcare entity in question, and any such individuals or entities operating in the healthcare realm in Arizona should carefully ensure compliance with the specific requirements set forth in EO 2020-48.)

As of July 28th, there are 3 new orders, EOs 2020-50, 2020-51, and 2020-52.

EO 2020-50 aims to ensure that State-owned facilities can be used, as needed, for voting in the upcoming August and November elections, taking into account proper protocols and safety in the context of the pandemic, including supplies of PPE. EO 2020-51 is comprehensive and addresses various matters relating to schools, education, distance learning, and related subjects. Among other things, it requires the DHS to develop public benchmarks for the return of in-person teaching, it sets requirements for teacher-led, distance learning, it sets requirements for in-person offerings and opportunities (for students who need a place to go during the day) by August 17, 2020, and it creates notice requirements for parents and guardians to be kept up-to-date on school operations.

EO 2020-52 extends EO 2020-43 (which pauses operations for certain businesses) for an additional 2 weeks, with review for whether additional time is needed to follow.

As of September 1st, the newest EO is 2020-53, which defers driver license renewal requirements for Arizonans 65 years of age and older for 1 year, if they expired between March 1st and December 31st of 2020, and which further orders law enforcement and other officials to accept the licenses that are expired for such people.

As of September 8th, the newest EO is 2020-54, which issues an Enhanced Surveillance Advisory and implements reporting requirements regarding COVID-19 and influenza, in light of the risk of hospitals being spread too thin as flu season picks up. In brief, there are reporting instructions for every 24 hours for patients with COVID19 and influenza, whereby hospitals need to provide the most up-to-date details on cases daily. In line with the reports, hospitals are required to ensure adequate staffing levels as a result of increased risks and hospitalizations in light of flu season in the broader context of the COVID-19 pandemic.

Definition of Essential Infrastructure/Business Arizona Order 2020-12 from March 23 defines essential activities to include obtaining necessary supplies for household, engaging in activities essential for health, caring for a family member, outdoor exercise, volunteering for essential functions. Essential function is defined as one identified as such, or a function that promotes the public health, safety and welfare of the state or assists others in fulfilling such functions, including the following: healthcare and public health operations; human services operations; essential infrastructure operations, essential government functions; and essential businesses and operations, which includes: i) grocery / medicine stores; ii) food, beverage, and agriculture; iii) outdoor recreation activities; iv) organizations that provide charitable and social services; v) media; vi) gas stations and businesses needed for transportation; vii) financial institutions; viii) hardware and supply

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 9

stores; ix) critical trades; x) mail, post, shipping, logistics, delivery, and pick-up services; xi) educational institutions; xii) laundry services; xiii) restaurants for consumption off-premises; xiv) supplies to work from home; xv) supplies for Essential Businesses and Operations; xvi) transportation; xvii) home-based care and services; xviii) residential facilities and shelters; xix) professional and personal services; xx) day care centers for employees exempted by AZ's orders; xxi) manufacture, distribution, and supply chain for critical products and industries; xxii) hotels and motels; and xxiii) funeral services.

Additions to the above list will be maintained at www.azgovernor.gov.

Transportation Section 3(e)(xvi) of Order 2020-12 defines essential transportation, including airlines, taxis, transportation network providers (such as Uber and Lyft), vehicle rental services, paratransit, and other private, public and commercial transportation and logistics providers necessary for all categories of essential operations as defined in the order.

Manufacturing Section 3(e)(xv) and (xxi) of Order 2020-12 defines essential manufacturing, including businesses that sell, manufacture, or supply other essential businesses and operations with the support or materials necessary to operate and manufacturing companies, distributors and supply chain companies producing and supplying essential products and services.

Construction Section 3(c) of Order 2020-12 includes construction as an essential infrastructure operation. See also Section 3(e)(ix) discussing critical trades including building and construction tradesmen and tradeswomen.

Retail EO 2020-33, which set forth the initial roll-backs of restrictions, was rescinded by EO 2020-36, which appears to progress the roll-backs, albeit without going into as much specificity about retail establishments. This order appears to promote re-opening of businesses generally, subject to requiring such businesses to implement measures to limit and mitigate the spread of COVID-19 (see “Orders / Plans for Restart� above).

Hotel/Restaurant Section 3(e)(xxii) of Order 2020-12 allows hotels and motels to the extent used for lodging and delivery or carryout food services.

Under Order 2020-34 (and notwithstanding prior orders), effective Monday, May 11, 2020, dine-in services may resume provided these businesses establish and implement protocols and best practices for businesses to address COVID-19, including enacting physical distancing policies, limiting the number of diners and following protocols as directed by the CDC and state agencies. All other provisions of Executive Order 2020-09 shall remain in effect. However, EO 2020-43 closes bars through July 27, 2020, though carryout and delivery is still permitted.

Face Mask Requirements?

Arizona requires various businesses (e.g., barber shops and cosmetologists) to utilize face masks, and, pursuant to EO 2020-40, cities and other localities are able to impose mask requirements if they wish (many are doing so).

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 10

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 11

Arkansas Source of Information https://governor.arkansas.gov/news-media/press-releases/governor-hutchinson-creates-advisory-group-to-advisehigh-school-sports-dur https://governor.arkansas.gov/images/uploads/executiveOrders/EO_20-43.pdf https://governor.arkansas.gov/news-media/press-releases/governor-hutchinson-announces-cities-mayimplement-mandatory-mask-ordinance https://governor.arkansas.gov/images/uploads/executiveOrders/EO_20_-_41.pdf https://governor.arkansas.gov/images/uploads/executiveOrders/EO_20-37.pdf https://governor.arkansas.gov/images/uploads/executiveOrders/EO_2038_An_Executive_Order_to_Provide_Funding_from_the_Hazard_Mitigation_Fund._.pdf https://governor.arkansas.gov/our-office/executive-orders/ https://www.healthy.arkansas.gov/programs-services/topics/novel-coronavirus https://arkansasready.com/ https://governor.arkansas.gov/news-media/press-releases/ Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Arkansas continues to ease restrictions. Recently, the State issued EO 20-28 to establish a COVID-19 Technical Advisory Board to review and evaluate new technologies to assist the state with testing strategies and contact tracing, and to make any recommendations necessary to enhance the state’s technology infrastructure for the management of COVID-19. It also issued EO 20-33 to protect businesses from the threat of civil liability from COVID-19 (e.g., lawsuits regarding damages or injuries by or resulting from exposure of an individual to COVID-19 on a business’s premises), except for cases of willful, reckless, or intentional misconduct of businesses.

Additionally, it issued EO 20-34 to enable and request broadly that healthcare providers in the State use any approved drug, device, or product to diagnose or treat COVID-19.

As of June 15th, several of the State’s Health Department’s directives are updated to reflect “Phase II,” which generally further ease restrictions.

As of June 23rd, EO 20-37 and EO 20-38 are the newest relevant executive orders, which renew the disaster and public health emergency to mitigate the spread and impact of COVID-19 and which order for the providing of funding from the Hazard Mitigation Disaster Fund, respectively. EO 20-37 adopts and incorporates several past EOs, including 20-05, 20-06, 20-09, 20-14, 20-15, 20-18 & 20-34, 20-22 & 20-35, and 20-33. Further, EO 20-37 indicates that all public and private gatherings, and all businesses, manufacturers, construction companies, schools, etc. shall all adhere to applicable directives or guidelines issued by the Secretary of Health (the EO’s language is even broader – the key is that all groups of people in any context are expected to follow all rules to prevent further

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 12

COVID-19 spikes). This EO also sets forth penalties, including fines and/or imprisonment, for people failing to follow the various rules and regulations in the light of the public health emergency.

As of July 8th, EO 20-41 is the newest relevant executive order, and it provides guidelines for cities to implement face mask requirements. There are specific limitations set forth in the order and a sample ordinance that cities can use to pass such requirements, as needed.

As of July 21st, EO 20-43 is the newest relevant executive order. In brief, it requires the use of face masks in Arkansas while in public indoors or outdoors, but with several exemptions, including children younger than 10 years of age, people with medical conditions or disabilities that prevents wearing a mask, persons consuming food or drink, etc. It appears the primary condition for the requirement is for any environments where consistent 6-foot distances cannot be maintained at all times. There are various penalties for non-compliance, including fines of several hundred dollars. The EO will last for so long as the COVID-19 emergency lasts.

As of August 4th, the latest news from Arkansas is that the Governor created an advisory group to advise high school sports during the pandemic. The “High School Sports Advisory Group� includes 14 doctors, mental health workers, coaches, and educators. A primary objective is to ensure fall sports are conducted as safely as possible.

As of August 12th, the latest executive order is EO 20-44, signed on August 7th, 2020, which addresses social distancing in the context of the August and November elections in 2020. In brief, the EO has provisions and guidance for absentee ballots and voting, as many people may not be able to (or be comfortable to) vote in person, due to the pandemic.

As of August 18th, the newest EO is 20-45. The primary purpose of the EO is to extend existing orders in Arkansas for another sixty (60) days, as the COVID-19 pandemic remains an issue in Arkansas and beyond. For a specific list of all of the orders being renewed, please see the text of the EO. Definition of Essential Infrastructure/Business This categorization is no longer applicable.

Transportation Arkansas has general guidance and protocols regarding transportation: https://arkansasready.com/resources/transportation/.

Manufacturing Arkansas has general guidance and protocols regarding manufacturing: https://arkansasready.com/resources/manufacturing/. The May 8th Health Directive applicable to businesses, manufacturers, and construction companies has been updated as of June 15th and continues to provide additional protocols: https://www.healthy.arkansas.gov/images/uploads/pdf/directive_business_limitations_phase_II.pdf.

Construction Arkansas has general guidance and protocols regarding construction: https://arkansasready.com/resources/construction/. The May 8th Health Directive applicable to businesses, manufacturers, and construction companies has been updated as of June 15th and continues to provide additional protocols: https://www.healthy.arkansas.gov/images/uploads/pdf/directive_business_limitations_phase_II.pdf.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 13

Retail Arkansas has general guidance and protocols regarding retailers: The May 8th Health Directive applicable to businesses, https://arkansasready.com/resources/retailers/. manufacturers, and construction companies has been updated as of June 15th and continues to provide additional protocols: https://www.healthy.arkansas.gov/images/uploads/pdf/directive_business_limitations_phase_II.pdf.

Hotel/Restaurant The May 8th Health Directive from the State Department of Health was revised on June 15th to clarify current protocols for businesses to follow to diminish the threat of COVID-19, and it specifies that commercial lodgings, like hotels and motels, are no longer limited as to the type of guests they can house that were previously delineated.

Also, as of June 15th, there are no quarantine requirements for travelers entering the State based on the location from which they traveled, both with respect to domestic and international travelers.

The May 11th Health Directive regarding dining-in at restaurants is also updated as of June 15th, now with seating up to 66% of total seating capacity (including indoor and outdoor dining areas). The May 26th Health Directive for bars and clubs has similarly been updated as of June 15th, including to expand occupancy to 66% of total seating capacity (including indoor and outdoor dining areas).

Face Mask Requirements?

Face masks are required in public (indoors and outdoors, in any environment in which 6-foot distancing cannot be maintained consistently) pursuant to EO 20-43. There are several exemptions, including children under 10 years of age, people eating or drinking, etc., but generally, all people are required to wear masks while in public.

Fines for non-compliance may be issued, among other potential penalties. The requirements will last for as long as the COVID-19 emergency lasts.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 14

California Source of Information https://covid19.ca.gov/img/N-33-20.pdf https://www.gov.ca.gov/2020/04/14/governor-newsom-outlines-six-critical-indicators-the-state-will-considerbefore-modifying-the-stay-at-home-order-and-other-covid-19-interventions/ https://covid19.ca.gov/industry-guidance/ https://www.gov.ca.gov/2020/05/04/governor-newsom-provides-update-on-californias-progress-toward-stage-2reopening/ https://sf.gov/information/reopening-san-francisco https://www.sfdph.org/dph/alerts/files/C19-07f-Shelter-in-Place-Health-Order.pdf http://publichealth.lacounty.gov/media/Coronavirus/docs/HOO/HO_Order_COVID19_Safer_at_Work_and_in_the_Community_05292020_FINAL_WithAppendices.pdf https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/CountyMonitoringDataStep2.aspx https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/County_Variance_Attestation_Form.aspx https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID-19/SHO%20Order%2057-2020.pdf https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID-19/Guidance-for-FaceCoverings_06-18-2020.pdf https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Bar-Closure-Guidance.aspx https://www.cdph.ca.gov/Programs/OPA/Pages/NR20-158.aspx https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID19/SHO%20Order%20Dimming%20Entire%20State%207-13-2020.pdf https://www.gov.ca.gov/2020/06/29/governor-newsom-signs-2020-budget-act/ https://www.latimes.com/california/story/2020-07-01/newsom-imposes-new-rollbacks-of-californias-coronavirusreopening https://files.covid19.ca.gov/pdf/employer-playbook-for-safe-reopening--en.pdf https://covid19.ca.gov/safer-economy/ https://www.sfdph.org/dph/alerts/files/C19-07h-Shelter-in-Place-Health-Order.pdf Dates Stay at Home Order in Effect Effective 3/19/2020 until further notice.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 15

Orders / Plans for Restart On April 14, 2020, California announced a tentative plan to begin reopening California that includes six key indicators that will guide California’s approach to when and how to modify the stay-at-home order, and other related orders. There is no precise timeline for modifying the stay-at-home order.

The six indicators for modifying the stay-at-home order are: (1) the ability to monitor and protect our communities through testing and supporting those who are positive; (2) the ability to prevent infection in people who are at high risk; (3) the ability of hospitals and health systems to handle surges; (4) the ability to develop therapeutics to meet demand; (5) the ability for businesses, school, and child care facilities to support physical distancing; and (6) the ability to determine when to reinstitute certain measures, such as the stay-at-home orders, if necessary.

On May 8, 2020, the Governor announced that based on the state’s progress in meeting certain metrics outlined in the reopening plan, the state would begin to move to Stage 2 of re-opening. In Stage 2 some retail, manufacturing and logistics businesses may reopen with modifications. On May 12, the state allowed offices and limited services to resume.

After an uptick in both positivity and hospitalization rates in California in the latter half of June 2020, the state began adapting reopening efforts. On June 28, 2020, the state announced the mandatory closure of bars in certain counties and recommended that certain other county officials issue health orders to close bars. The 2020 Budget Act, signed June 29, includes funding to support all counties in compliance with state health requirements that are experiencing pandemic-related revenue losses.

On July 13, 2020, the State Health Officer issued an order taking these steps statewide and taking additional steps for monitored counties. The order required the statewide closure of bars, pubs, brewpubs, and breweries, whether operating indoors or outdoors, unless a listed exception applies. Dine-in restaurants, wineries and tasting rooms, entertainments centers and movie theaters, indoor zoo and museum attractions, and cardrooms must close were required to close indoor operations and follow state guidance for their respective sectors. Finally, counties monitored for three consecutive days were required to close indoor operations of the following: gyms and fitness centers, places of worship, protests, non-critical infrastructure sector offices, personal care services, hair salons and barbershops, and malls. On July 20, 2020, the Governor announced that hair and nail services may reopen if they are able to comply with state guidelines, such as only providing services outdoors.

As of August 31, 2020, California will no longer place counties on the County Monitoring List and instead the State will follow “The Blueprint for a Safer Economy.” Counties now will be sorted into four tiers based on their risk level. Counties must meet the next tier’s criteria for two consecutive weeks in order to move into the next tier.

Counties, however, may choose to impose stricter guidelines regarding reopenings than those allowed under the State’s tiers. For example, regardless of tier level, indoor hair salons and barbershops are now allowed to reopen in all counties under the State’s guidelines. However, San Francisco County does not allow indoor hair salons and barbershops to reopen, and such services must continue to be provided outdoors.

Northern counties in California, such as San Francisco, Alameda, Santa Clara, Contra Costa, Marin, and San Mateo have extended their original shelter-in-place orders indefinitely while also beginning phased reopenings of businesses. Businesses are still required to comply with social distancing guidelines, and must adhere to any stricter requirements imposed by the county.

Los Angeles County extended its Safer At Home Order indefinitely on May 13, 2020. Among other activities, the order permits construction activities including the operation, inspection, and maintenance of construction sites and projects for commercial, office and institutional buildings, residential and housing construction. Los Angeles County also began a phased re-opening.

The State’s shelter-in-place order still has no set expiration date.

California is part of the Western States Pact between California, Nevada, Colorado, Washington and Oregon to work together and share best practices on how to mitigate spread and responsibly reopen the economy.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 16

Definition of Essential Infrastructure/Business On March 19, 2020, California issued a shelter-at-home order mandating that all individuals remain at home unless performing essential activities, which includes going to work at essential businesses and operations.

Essential businesses and operations include the 16 critical infrastructure sectors outlined by CISA 1.0.

Transportation California incorporates the CISA 1.0 definition of essential business, including its definition of essential transportation operations. Employees supporting or enabling transportation functions are also included. It is not clear whether California will follow any subsequent updates to the CISA sectors.

Manufacturing California incorporates the CISA 1.0 definition of essential business, including the definition of essential manufacturing. It is not clear whether California will follow any subsequent updates to the CISA sectors.

Construction California incorporates the CISA 1.0 definition of essential business, including the definition of essential construction. California also has listed construction of material suppliers and construction material sources as essential. It is not clear whether California will follow any subsequent updates to the CISA sectors.

Retail California incorporates the CISA 1.0 definition of essential business. This includes the definition of essential food and agriculture services (for example, grocery stores, fuel, and pharmacies). Cannabis retailers are also permitted to operate. Support operations for such businesses are also included. It is not clear whether California will follow any subsequent updates to the CISA sectors.

Hotel/Restaurant California incorporates the CISA 1.0 definition of essential business, including its definition of essential food and agricultural services (for example, restaurant carry-out and fast food). Support operations for such businesses are also included. Hotels may operate to the extent used for lodging and delivery or carry-out food services only.

It is not clear whether California will follow any subsequent updates to the CISA sectors.

Face Mask Requirements?

California requires that residents wear face coverings under certain conditions, including in outdoor public spaces when maintaining a physical distance of 6 feet from non-household members is not feasible; when inside or in line to enter any indoor public space; when obtaining healthcare services; when using or operating public transportation; or when working in a capacity that includes interaction with the public, public spaces, food preparation or distribution, being in common areas, or being in any room where non-household members are unable to physically distance.

California does not require face coverings for the following: persons younger than two years old; persons with a medical condition that prevents wearing face coverings; persons who are hearing impaired or communicating with persons who are hearing impaired; persons for whom wearing a face covering would create a work-related risk; persons obtaining a service involving the face or nose for which temporary face mask removal is necessary;

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 17

persons seated at an establishment offering food or beverage service who can maintain a distance of six feet from non-household members; persons engaged in outdoor work or recreation who can maintain a distance of six feet from non-household members; and persons who are incarcerated.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 18

Colorado Source of Information https://covid19.colorado.gov/sites/covid19/files/COVID19%20Safer%20at%20Home%20PHO%20Guidance%20%282%29.pdf https://covid19.colorado.gov/safer-at-home-faq https://drive.google.com/file/d/1_yyWSUnb40TKDBk9EcvYcSkOzhCDV8NA/view https://drive.google.com/file/d/14NuOF9K4SXJQwvSB-sOse5FoNes_veD5/view https://drive.google.com/file/d/1VorTaq8-pYUv3UCYvKJ0Bl7Ozhyf7nyL/view https://www.documentcloud.org/documents/6934765-SAFER-AT-HOME-EXTENSION.html https://drive.google.com/file/d/1BdMbwLeI0sY5xmvWk555jCewPvgTJb9e/view https://drive.google.com/file/d/1WQi5_Cgcjqe8W1nJsOqoHoshtAXMjRV1/view https://drive.google.com/file/d/1hQ-GW_stbiZfmpJ87k451C4-uI6yB_hU/view https://drive.google.com/file/d/1Bj0wDndxhngxe_LD58zggtiMjigqtO4i/view https://drive.google.com/file/d/1pDtheTXEpi1akwl9ZyDAvaM5gUuk8M1g/view https://drive.google.com/file/d/1xPQEACVOYEMKEHkfNudfc4nKkU_hwCMy/view https://drive.google.com/file/d/1VtBkCA8EeNkoDrnPs6gzrUTjffiQe7N4/view Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Colorado’s “Safer at Home” Executive Order D 2020 091 has been extended through September 21. The state is organizing itself according to 3 “Levels”: 1) Stay at Home; 2) Safer at Home; and 3) Protect Our Neighbors, and is currently in Level 2. Under level 3, individual counties will be able to make their own decisions to reopen businesses or social gatherings at the end of June or early July — if they have the adequate public health capabilities to respond to possible outbreaks. All activities would be allowed, at up to 50% capacity, with a maximum of 500 people present at any given time.

Colorado continues to encourage all people to stay home as much as possible, and to leave their residences only to perform or use necessary activities, as defined in Section III of the public health order. All public and private gatherings in commercial spaces are limited to no more than ten (10) individuals except for permissible Necessary Activities. On August 21, Colorado issued its Tenth Amended Public Health Order 20-28, which removed the mandatory self-isolation required for individuals who are sick or experiencing flu-like symptoms, among other changes regarding self-quarantine and self-isolation.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 19

The public health order has 11 appendices – A through K. Appendices F and G set forth critical business (which remains the same as under the Stay-at-Home order) and county variance request protocol, respectively.

Appendices A through E set forth industry-specific requirements, primarily regarding minimizing disease transmission, including through such core areas of guidance, including social distancing protocols, volume capacity limitations, and cleaning standards / requirements, as set forth in greater detail in each respective appendix.

Appendix H concerns non-critical manufacturing. Appendix I concerns restaurants. Appendix J concerns children’s day camps, youth sports day camps and exempt single skill-building youth camps. Appendix K concerns outdoor recreation.

All business and government functions shall follow all of the public health order’s general protocols, including as set forth in Section II(I). Employers with over 50 employees in any one location shall also follow the additional requirements, including, but not limited to, closing common areas to prevent gatherings of employees, implementing mandatory cleaning / disinfection protocols, and requiring mandatory adherence to social distancing requirements.

On July 9, Gov. Polis issued an executive order mandating that the Colorado Department of Public Health and Environment (CDPHE) issue a public health order regarding the certification process to allow local communities in Colorado to move from Level 2 (Safer at Home in the Vast, Great Outdoors” to Level 3 (Protect Our Neighbors).

Accordingly, on July 10, CDPHE issued Public Health Order 20-32 Protect Our Neighbors, which mandates that the Amended Public Health Order 20-28 Safer at Home and in the Vast, Great Outdoors issued on June 30 remains in effect, but counties are allowed to apply for certification to move into Level 3.

Counties may seek certification to enter the Protect Our Neighbors phase of COVID-19 response by completing an online certification form and process provided by CDPHE. Counties may individually, or in a grouping of counties together creating a region, certify that they meet the metrics for Protect Our Neighbors. The certification process shall consist of the requirements listed in the latest Public Health Order 20-32 in Section C. Notably, counties and regions certified for Protect Our Neighbors may allow any business or activity within their jurisdiction to operate at 50% of their pre-pandemic capacity not to exceed 500 people in any one setting.

Certified counties and regions may impose restrictions within their jurisdictions that are lower than these maximum capacity limits, but may not exceed these limits.

In all cases, compliance with all guidance is required for businesses to operate under the new orders.

Colorado is part of the Western States Pact between California, Nevada, Colorado, Washington and Oregon to work together and share best practices on how to mitigate spread and responsibly reopen the economy.

Definition of Essential Infrastructure/Business Colorado's fourth updated executive order 20-24 required Coloradans to stay at home, unless they were engaging in necessary activities. Under Section III(C), critical business meant "[a]ny business, including any for profit or non-profit, regardless of its corporate structure, engaged primarily in any of the commercial, manufacturing, or service activities listed…[in the order], [which] may continue to operate as normal,” and which includes: healthcare operations, critical infrastructure, critical manufacturing, critical retail, critical services, news media, financial and professional institutions, providers of necessities to economically disadvantaged populations, construction, defense, critical services to maintain safety, sanitation, and operations of residences and critical businesses, vendors providing critical services or products (e.g. logistics, technology support, child care), and educational institutions.

The new public health order does not alter the foregoing definition (although it does supersede and replace prior orders) – see Appendix F for specific guidance on the definition of critical businesses.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 20

Transportation Section III(D) of the new public health order regarding critical government functions includes all public and private airports, airlines, taxis, transportation network providers (such as Uber and Lyft), vehicle rental services, paratransit, and other private, public, and commercial transportation and logistics providers necessary for necessary activities, transportation infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars), and critical road construction and maintenance.

Manufacturing Appendix F of the new public health order defines critical manufacturing, including, but not limited to, food processing, chemicals, computers, medical equipment, sanitary products, farming, and any business that produces products critical or incidental to the processing, functioning, development, manufacture, packaging, or delivery of any of the categories of products defined or necessary to support critical business.

Appendix H provides guidance for non-critical manufacturing.

Construction Appendix F of the new public health order now defines critical business, and Section 9 lists construction, including but not limited to housing and housing for low-income and vulnerable people, skilled trades like electricians and plumbers, and other related firms and professionals who provide services necessary to maintain the safety, sanitation, and critical operation of residences and other critical businesses or critical government functions, and other essential services.

Retail Colorado defines critical retail as including, but not limited to: grocery stores; gas stations; restaurants and bars for take-out only; marijuana dispensaries (only for the sale of medical marijuana or curbside delivery in line with Executive Order D 2020 011); liquor stores; firearm stores; and hardware stores.

Under the new orders, critical retail remains open (and it is defined the same as before – see Section 4 of Appendix F), but now also non-critical retail is allowed to open, provided all of the order requirements are followed.

Hotel/Restaurant The new orders continue to allow drive-up and delivery services, but in-person dining / on-premises consumption is still not permitted. Colorado issued new guidance for restaurants and food services business that goes into effect on May 27. Under the new guidance, all restaurants and food services may offer dine-in service with restrictions. Outdoor dine-in service is encouraged, but restaurants will need to obtain proper licensing and permits to expand patio seating. Indoor dine-in service can be held at 50% of the posted occupancy code limit with a max of 50 customers if specific requirements can be met, including no more than eight people to a table and tables remaining six feet apart.

The new orders do not change the classification of hotels – they remain part of critical infrastructure.

Face Mask Requirements?

Colorado has not issued an order requiring residents or businesses to utilize face masks, except in certain specified contexts, including limited healthcare settings (see, e.g., Appendix E of the public health order, at Section I(B)(1)(a)); however, all Coloradans are urged to wear masks of some nature to help curb the spread of the disease.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 21

Businesses and providers that provide services in limited health care services must use medical grade masks and gloves at all times (e.g., surgical grade). Colorado issued an executive order on May 16 requiring workers in critical businesses and critical government functions must wear a non-medical mask covering their nose and mouth while at work and while serving the public.

Colorado’s Amended Public Health Order 20-31 issued on July 21 regarding face coverings for critical businesses and mass transportation operations mandates that all workers in Critical Businesses, including Critical Government Functions, and Mass Transportation Operations (as defined in the Eighth Amended Public Health Order 20-28) where workers interact in close proximity with other employees or with the public wear medical or nonmedical cloth face coverings that cover the nose and mouth while working, except where doing so would inhibit that individual’s health, and also, wear gloves as appropriate by industry standards when in contact with customers or goods if gloves are provided to workers by their employer. In addition, Workers who may routinely or consistently come within 6 feet of other workers or the public are considered to be in close proximity to others and must wear a medical or non-medical face covering that covers the worker’s nose and mouth, unless doing so would inhibit the individual’s health. Workers with health issues that preclude them from wearing a face covering must document those concerns with their employer. Amended Public Health Order 20-31 is effective through August 15, 2020 unless extended, rescinded, superseded, or amended in writing.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 22

Connecticut Source of Information https://portal.ct.gov/Coronavirus/Pages/Emergency-Orders-issued-by-the-Governor-and-State-Agencies https://portal.ct.gov/Coronavirus/Information-For/Business-Resources https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-OrderNo-7N.pdf https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-OrderNo-7X.pdf?la=en https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-OrderNo-7H.pdf https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-OrderNo-7PP.pdf https://portal.ct.gov/DECD/Content/Coronavirus-Business-Recovery/Sector-Rules-for-May-20-Reopen https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-OrderNo-7TT.pdf https://portal.ct.gov/DECD/Content/Coronavirus-Business-Recovery/Sector-Rules-and-Certification-for-Reopen https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-OrderNo-7ZZ.pdf https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-OrderNo-7III.pdf https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-OrderNo-7NNN.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On May 9, 2020, Connecticut announced its plan for reopening the economy under Phase 1. The first phase of businesses permitted to reopen includes, among others: (1) restaurants; (2) offices; (3) retail stores; and (4) outdoor museums. The first phase of reopening is scheduled to begin May 20, 2020. In order to reopen each business must certify it will comply with industry specific social distancing, safety and health requirements. A special task force will provide support to small businesses regarding how to implement new regulations. For industry specific requirements see below.

Pursuant to Executive Order No. 7PP, on May 20, 2020, Phase 1 of reopening will begin. All businesses permitted to reopen must comply with the Sector Rules referenced in Executive Order No. 7PP, which formally list the requirements for reopening as previously summarized during the Governor’s May 9, 2020 press release.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 23

Pursuant to Executive Order No. 7TT barbershops and hair salons are permitted to reopen on June 1, 2020, provided they comply with Sector Rules for hair salons and barbershops.

Connecticut will move to Phase 2 of reopening on June 17, 2020. On June 17, 2020, the following businesses, among others, can reopen subject to specific social distancing guidelines: (1) hotels and lodging, (2) restaurants, and (3) personal services such as nails and tattoo parlors. See the Phase 2 Reopen Rules by Sector for specific reopening guidelines. Connecticut is expected to move to Phase 3 in mid- July.

On July 21, 2020, Connecticut issued Executive Order 7III, which modifies the travel advisory set forth in Executive Order 7BBB issued in June 2020. Under 7III, a traveler entering Connecticut from a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate over a 7-day rolling average, and was present in that affected state within the last 14 days, must self-quarantine for a period of 14 days from the time of last contact with the affected state, or until leaving Connecticut, whichever occurs sooner. The new order provides a COVID-19 testing option alternative to quarantining, where an individual traveling from an affected state does not have to quarantine if they receive a negative COVID-19 test result within 72 hours prior to arriving to Connecticut. Workers traveling from affected states to Connecticut who work in critical infrastructure are exempted from this regiment.

Connecticut has joined a partnership of northeast states to develop a regional strategy to reopen the economy. This partnership includes: Massachusetts, New York, New Jersey, Connecticut, Rhode Island, Pennsylvania, and Delaware.

Definition of Essential Infrastructure/Business EO 7H covers essential infrastructure / business matters, and it specifies that essential business shall include, but not be limited to, the 16 critical infrastructure sectors as defined by the Department of Homeland Security. EO 7H further specifies the following specific essential businesses / areas (which include but do not simply restate the CISA sectors, but rather are additional areas / clarified areas): essential health care operations, essential infrastructure, manufacturing, defense, essential retail (including grocery stores, big-box stores and wholesale clubs if they sell groceries, pharmacies, gas stations, convenience stores, food and beverage retailers), essential services (including trash collection and mail/shipping services), news media, legal and accounting services, financial institutions, providers of basic necessities to economically disadvantaged populations, construction, vendors providing goods and services to maintain the safety, sanitation, and essential operations of residences or other essential businesses, and vendors that provide essential services or products, including logistics and technology support, child care, and services needed to ensure the continuing operation of government agencies and the provision of goods, services, or functions necessary for the health, safety, and welfare of the public.

Any other business may be deemed essential after requesting an opinion from DECD, which shall review and grant such request, should it determine that it is in the best interest of the state to have the workforce continue at full capacity to respond to the emergency properly. Further, Connecticut has permitted various non-essential businesses to reopen during its phased reopening.

Transportation EO 7H incorporates the CISA 1.0 definitions of essential businesses, which includes the transportation systems sector. It is not clear whether Connecticut will follow any subsequent updates to the CISA sectors.

The order also provides that critical infrastructure includes utilities, wastewater and drinking water, telecommunications, airports and transportation infrastructure.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 24

Manufacturing EO 7H incorporates the CISA 1.0 definitions of essential businesses, which includes the critical manufacturing sector. It is not clear whether Connecticut will follow any subsequent updates to the CISA sectors.

The order also provides that critical infrastructure includes manufacturing, including food processing, pharmaceuticals, and industries supporting the essential services required to meet national security commitments to the federal government and U.S. Military.

On May 20, 2020, all manufacturing was permitted to reopen. See sector specific guidelines for reopening protocols.

Construction EO 7H incorporates the CISA 1.0 definitions of essential businesses, which includes the certain construction services. It is not clear whether Connecticut will follow any subsequent updates to the CISA sectors.

The order includes construction as critical infrastructure.

On May 20, 2020, all construction was permitted to reopen. See sector specific guidelines for reopening protocols.

Retail On May 20, 2020, all retail stores, including malls and offices, were permitted to reopen subject to social distancing, safety, and health requirements. These requirements include, among others: (1) limit capacity to 50%; (2) enhanced cleaning protocol; (3) continued remote work options when feasible; (4) posted social distancing markers; (5) no shared equipment; and (6) social gatherings limited to 5 people. Retail stores must keep all fitting rooms closed.

Pursuant to Executive Order No. 7TT barbershops and hair salons were permitted to reopen on June 1, 2020, provided they comply with Sector Rules for hair salons and barbershops. On June 17, 2020, all remaining personal services, such as nail salons and tattoo parlors, are permitted to reopen. See the Phase 2 Reopen Rules

by Sector for specific reopening guidelines.

Hotel/Restaurant EO 7H incorporates the CISA 1.0 definitions of essential businesses, which includes food and agriculture sector (including restaurant carry-out and fast food). It is not clear whether Connecticut will follow any subsequent updates to the CISA sectors.

The order further specifies that critical infrastructure includes food and beverage retailers (including liquor/package stores and manufacturer permittees) and restaurants, provided they comply with other related orders.

On May 20, 2020, outdoor areas of restaurants are permitted to reopen subject to social distancing, safety and health requirements. No bar areas are permitted to reopen. These requirements include, among others: (1) limit capacity to 50%; (2) enhanced cleaning protocol; (3) continued remote work options when feasible; (4) posted social distancing markers; (5) no shared equipment; and (6) social gatherings limited to 5 people. Restaurants may not use reusable menus and all outdoor tables must be spaced at least 6 feet apart.

On June 17, 2020, indoor restaurants and hotels and lodging are permitted to open. Bars areas must remain closed. See the Phase 2 Reopen Rules by Sector for specific reopening guidelines.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 25

Face Mask Requirements?

On August 14, 2020, Connecticut issued Executive Order 7NNN, which strengthens its previous order regarding mask requirements. Under the new order, any person in a public place, whether indoors or outdoors, that does not maintain a safe social distance of six feet from every other person, shall wear a face covering. There are exceptions for certain children and persons with medical conditions for whom face masks would make the condition worse (medical documentation needed).

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 26

Delaware Source of Information https://governor.delaware.gov/delawares-recovery/ https://governor.delaware.gov/health-soe/nineteenth-state-of-emergency/ https://governor.delaware.gov/health-soe/twentieth-state-of-emergency/ https://governor.delaware.gov/health-soe/third-extension-declaration-of-a-state-of-emergency/ https://governor.delaware.gov/wp-content/uploads/sites/24/2020/06/Delaware-Economic-Reopening-PHASE2.pdf https://governor.delaware.gov/health-soe/twenty-first-state-of-emergency/ https://governor.delaware.gov/health-soe/twenty-second-state-of-emergency/ https://governor.delaware.gov/health-soe/twenty-fourth-state-of-emergency/ https://governor.delaware.gov/health-soe/twenty-seventh-modification-state-of-emergency-declaration/ Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On May 15, 2020, Delaware released further guidance for Phase 1 of Delaware’s reopening plan, which provides general and sector specific guidance. Phase 1 will begin on June 1, 2020. Delaware subsequently formalized this guidance in the Nineteenth Modification to the State of Emergency Declaration.

On May 31, 2020, Delaware issued the Twentieth Modification to the State of Emergency Declaration. The Stay-at-Home order has expired and under the new modification people are permitted to resume most activities subject to various health, safety and social distancing guidelines outlined in Delaware’s Phase 1 Reopen Plan.

Section D of the Twentieth Modification provides specific guidelines regarding the Phase 1 Reopen Plan for businesses. This includes guidance to employers regarding when an employee may return to work after being sent home due to having COVID-19 or exhibiting symptoms of COVID-19.

On June 14, 2020, Delaware issued the Twenty-First Modification to the State of Emergency Declaration.

Under this modification, the state moved into Phase 2 of reopening on June 15, 2020. See section 5 of the modification for general operating guidelines for businesses in Phase 2, which are set forth in more detail for each industry in the Phase 2 Reopen Plan. This modification provides for additional relaxations regarding operations of food establishments, retail establishments, personal care services, and commercial lodging among others.

On September 3, 2020, Delaware issued the Twenty-Seventh Modification to the State of Emergency Declaration, which includes additional detailed guidance for businesses and individuals during Phase 2 of reopening, including health, safety, social distancing, and maximum occupancy guidance. For example, the business guidelines require all businesses to (1)disinfect all surfaces touched by visitors, such as doors, seating, elevators, every 15 minutes to 2 hours, (2) use doors, windows and ventilation to increase introduction of fresh air, (3) post requires signs regarding how to stop the spread of COVID-19, links to required posters are in the order, (4)

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 27

modify any practices that cause close contact or sharing of items, and (5) exclude employees who have been diagnosed with COVID-19, are suspected of having COVID-19, or have symptoms of COVID-19.This order includes industry specific guidance for restaurants, retail establishments, personal care facilities, gyms, commercial lodging and other establishments. Please see the order, linked above, for all details.

Delaware has joined a partnership of northeast states to develop a regional strategy to reopen the economy.

This partnership includes: Massachusetts, New York, New Jersey, Connecticut, Rhode Island, Pennsylvania, and Delaware.

Definition of Essential Infrastructure/Business Delaware incorporates the CISA 3.0 definition of essential businesses. However, Delaware has also permitted various non-essential businesses to reopen during its phased reopening.

Transportation Delaware incorporates the CISA 3.0 definition of essential businesses, including its definition of essential transportation operations. Support operations for such businesses are also included.

Manufacturing Delaware incorporates the CISA 3.0 definition of essential businesses, including its definition of essential manufacturing operations. Support operations for such businesses are also included. Delaware also has listed in Section 6.j "Workers necessary for the manufacturing of materials, goods, products, or similar distribution." Other essential manufacturing activities are included in Sections 6.a.5, 6.c, 6.d.2, 6.f, 6.h, of the Fourth Modification dated March 22, 2020 order.

Construction Delaware incorporates the CISA 3.0 definition of essential businesses, including its definition of essential construction services. Support operations for such businesses are also included. Delaware also has listed other construction activities which are defined as essential in Section 6.o of the Fourth Modification dated March 22, 2020.

Retail On June 1, 2020, under Phase 1 of reopening retail establishments were permitted to reopen, but must limit capacity to 30% of maximum occupancy, excluding staff. For specific reopening requirements for the retail industry, please see the Phase 1 Economic Reopening.

On June 14, 2020, Delaware issued the Twenty-First Modification to the State of Emergency Declaration.

Under this modification, the state moved into Phase 2 of reopening. Retail businesses may continue to operate or reopen at 60% capacity, and subject to additional requirements listed for the industry in the Phase 2 Reopen Plan.

Exercise facilities can operate at 30% capacity, and subject to additional requirements listed for the industry in the Phase 2 Reopen Plan.

On June 19, 2020, Delaware issued the Twenty-Second Modification to the State of Emergency declaration.

Under this modification, Personal Care Services may continue to operate or reopen at 60% capacity, and subject to additional requirements listed for the industry in the Phase 2 Reopen Plan.

On July 24, 2020, Delaware issues its Twenty-Fourth Modification to the State of Emergency Declaration.

Under this modification, personal care services must require their employees providing services to wear a mask

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 28

and a face shield if the patron receiving services removes their mask for the service to be performed, such as for makeup application or facial waxing.

Hotel/Restaurant On June 1, 2020, under Phase 1 of reopening all restaurants are permitted to reopen, but must limit capacity to 30% of maximum occupancy, excluding staff.

Further, on June 1, 2020, Paragraph 3.a of the Tenth Modification and Paragraph D.3 of the Nineteenth Modification to the State of Emergency declaration related to Commercial Lodging were stricken. Commercial lodging may reopen provided the total number of guests within a common area of the lodging establishment shall not exceed 30% of the establishment’s stated fire occupancy requirements and indoor gatherings of 10 persons or more are not permitted. The 30% limit does not apply to the number of individual hotel rooms booked, or to vacation homes or condo rentals.

On June 14, 2020, Delaware issued the Twenty-First Modification to the State of Emergency Declaration.

Under this modification, the state moved into Phase 2 of reopening. Food and Drink Establishments may reopen or continue to operate at 60% capacity, and subject to the industry specific guidelines in the Phase 2 Reopen Plan.

Commercial Lodging may reopen or continue to operate at 60% capacity, subject to the industry specific guidelines in the Phase 2 Reopen Plan. The 60% limit does not apply to the number of individual hotel rooms booked or to vacation homes or condo rentals.

On July 24, 2020, Delaware issues its Twenty-Fourth Modification to the State of Emergency Declaration.

Under this modification food and drink establishments must notify patrons that they can choose to provide their contact information upon entry, which the business will keep on file for 28 days for purposes of notifying the patron if another patron or employee is later found to have tested positive for COVID-19. Additional requirements for food and drink establishments are also included in the order.

Face Mask Requirements?

All businesses are required to do the following no later than May 1, 2020 at 8:00 a.m.: provide employees with a face covering to wear while working in areas open to the general public and areas in which coming within 6 feet of other staff are likely. Similarly, all restaurants shall require, no later than May 1, 2020 at 8:00 a.m., that all employees who interact with customers (including, without limitation, delivery personnel) to wear a face covering while working. Businesses must provide, at their expense, such face coverings as well as hand sanitizer for their employees. All employees are strongly encouraged to fashion personal face coverings per the CDC guidelines referenced in paragraph 8 of the order, until their employer provides a face covering pursuant to this paragraph.

On July 24, 2020, Delaware issued its Twenty-Fourth Modification to the State of Emergency, which modifies face covering requirements. Under the new order, children under 2 years of age are not permitted to wear a face mask because of the risk of suffocation. Children ages 2 -12 are not required to wear a mask, but parents and caregivers should supervise use of face coverings to avoid misuse.

On September 3, 2020, Delaware issued its Twenty-Seventh Modification to the State of Emergency, which provides detailed definitions and guidance regarding face-covering orders including definitions for various types of face coverings, indoor and outdoor public spaces, and vigorous physical activity. Further, it includes a detailed explanation of the exceptions for when individuals do not have to wear a face covering while visiting a business or indoor or outdoor space open to the public, as well as what obligations if any businesses and places of public accommodation have for providing face coverings to employees and visitors, and notice requirements regarding the same.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 29

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 30

Florida Source of Information https://www.flgov.com/2020-executive-orders/ https://www.facebook.com/GovRonDeSantis/ https://floridahealthcovid19.gov/ http://www.myfloridalicense.com/dbpr/emergency/ http://www.myfloridalicense.com/DBPR/vacation-rental-status/ https://www.flgov.com/wp-content/uploads/covid19/Safe%20Smart%20Step_Templat4.29%20FINAL.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-111.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-112.pdf https://www.flgov.com/wp-content/uploads/covid19/Exec%20Order%2020-112%20FAQs.pdf https://www.flgov.com/wp-content/uploads/covid19/Taskforce%20Report.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-114.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-120.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-122.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-123.pdf https://www.flgov.com/wp-content/uploads/covid19/Full%20Phase%201.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-131.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-139.pdf https://www.flgov.com/wp-content/uploads/covid19/Phase%202.jpg https://www.flgov.com/wp-content/uploads/covid19/Exec%20Order%20Phase%202%20FAQs.pdf http://www.myfloridalicense.com/dbpr/os/documents/EO_2020-09.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-166.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-192.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-210.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-213.pdf https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-214.pdf

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 31

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-223.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Pursuant to Executive Order 20-139, Florida entered Phase 2 of the reopening plan on June 5, 2020. All counties except for Miami-Dade, Broward, and Palm Beach counties may were permitted to proceed to Phase 2.

Miami-Dade, Broward, and Palm Beach counties may were required to seek approval to enter into Phase 2 upon a written request from the County Mayor or County Administrator. Under Phase 2, businesses can continue operating or reopening except for nightclubs. Businesses should continue appropriate social distancing and sanitation measures. Local authorities are permitted to adopt requirements that may stricter than the Governor’s executive orders regarding re-opening. Florida businesses need to pay close attention to the re-opening plan, as the plan identifies specific obligations for certain kinds of businesses and imposes enforcement penalties for violations.

Florida announced Phase 1 of its reopening plan on April 29, 2020, and subsequently issued Executive Order 20-111 (a limited extension of Executive Order 20-91 regarding essential services and activities and Executive Order 20-87 prohibiting vacation rentals) and Executive Order 20-112 (Phase 1 of the re-opening plan).

Executive Order 20-111 extended the Safer At Home Executive Order that was set to expire on April 30, 2020, to Monday, May 4, 2020, at which time Phase 1 of the re-opening plan commenced pursuant to Executive Order 20112. The full Phase 1 of the re-opening plan for all 67 counties began on May 18, 2020, pursuant to Executive Order 20-123.

Pursuant to Executive Order 20-112, Miami-Dade, Broward, and Palm Beach Counties were initially excluded from some of the reopening provisions, and would instead follow stricter protocols coordinated between their respective local governments and the State. Pursuant to Executive Order 20-120, Palm Beach County was permitted to re-open pursuant to Phase 1 of the re-opening plan on May 11, 2020. Under Executive Order 20-122, Miami-Dade and Broward counties were permitted to re-open pursuant to Phase 1 of the re-opening plan on May 18, 2020. As of May 18, 2020, the entirety of the State of Florida was in the full Phase 1 of the re-opening plan under Executive Order 20-123. Pursuant to Executive Order 20-214 issued on September 4, 2020, Palm Beach County was permitted to move to Phase 2. Executive Order 20-223 issued on September 11, 2020, permits MiamiDade and Broward counties to move into Phase 2 beginning on September 14, 2020.

The Executive Orders do not establish a specific date on which Florida will transition to the next phases of the recovery plan. Instead, the Governor has expressed the next phases will begin when the Governor determines that it is suitable to continue reopening based upon medical data and consultation with state health officials and experts.

Multiple Florida localities are issuing their own orders regarding business operations, face coverings, and other related matters.

Definition of Essential Infrastructure/Business N/A Businesses that were allowed to operate under previous executive orders may continue operating and other businesses may re-open. Miami-Dade, Broward, and Palm Beach counties should continue operating under the Phase 1 executive orders and which restrictions on businesses apply under such orders.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 32

Transportation N/A Manufacturing N/A Construction N/A Retail Under Phase 2, retail establishments may operate at full capacity with appropriate social distancing and sanitization protocols.

Hotel/Restaurant Restaurants, bars, pubs, and taverns may operate at 50% indoor seating capacity, excluding employees, and with full outdoor capacity with appropriate social distancing. Restaurants may allow bar-top seating. Bars, pubs, and taverns may only provide service to patrons if they are seated. Restaurants, bars, pubs, and taverns must use appropriate social distancing.

On June 26, 2020, the Florida Department of Business and Professional Regulation issued Emergency Order 2020-09, which requires “[a]ll vendors licensed to sell alcoholic beverages for consumption on the premises who derive more than 50% of gross revenue from such sales of alcoholic beverages� to suspend sales of alcoholic beverages for consumption on premises. Such vendors may continue to sell alcoholic beverages in sealed containers for consumption off premises. The Emergency Order allows licensed public food service establishments or restaurants that derive 50% or less of gross revenue from the sale of alcoholic beverages to continue operating for on-premises consumption of food and beverages at tables pursuant to restrictions in Executive Order 20-139.

The prohibition on vacation rentals remains in effect, however, counties may seek approval to operate vacation rentals by submitting a written request and safety plan to the Florida Department of Business and Professional Regulation. Over 50 counties have been approved to operate vacation rentals.

On August 28, 2020, Executive Order 20-210 suspended renewal deadlines for holders of any license, permit, registration, or certificate 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 through December 31, 2020.

Face Mask Requirements?

Florida does not mandate the use of masks except for employees performing personal services at barbershops and cosmetology salons pursuant to the Florida Department of Business and Professional Regulation requirements, and employees at tattoo parlors, acupuncture establishments, tanning salons, and massage establishments pursuant to Florida Department of Health requirements. All persons are encouraged to follow appropriate social distancing and safety protocols issued by CDC and OSHA and businesses should maintain appropriate social distancing and sanitation protocols.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 33

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 34

Georgia Source of Information https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders Dates Stay at Home Order in Effect For higher risk persons until 9/15/20.

Orders / Plans for Restart On April 20, 2020, Georgia issued an order loosening restrictions and allowing certain medical and other healthcare businesses to open with certain restrictions and the observation of social distancing guidelines.

Additionally, all gyms, fitness centers, bowling alleys, body art studios, estheticians, hair designers, and massage therapists were permitted to begin in-person minimum basic operations on Friday, April 24, 2020, subject to the social distancing and protective measures provided in the order.

On April 23, 2020, Georgia issued an order effective May 1, 2020 until May 13, 2020 ordering all residents and visitors to practice social distancing as defined as therein, encouraging residents to wear facemasks outside their home, encouraging practicing sanitation, disallowing gatherings of persons (more than 10 persons).

Furthermore, those who meet the following criteria for higher risk as defined by the CDC are required to shelter in place.

Furthermore, effective April 27, 2020, restaurants and dining rooms, including those at private social clubs, were permitted to resume providing dine-in services subject to social distancing and protective measures. However, bars and live music venues were required to remain closed through the end of May. Georgia continues to issue subsequent guidance with specific requirements for categories of businesses.

The latest order was issued on August 31, 2020, and is effective until September 15, 2020.

Definition of Essential Infrastructure/Business “Critical Infrastructure� includes all workers, businesses, establishments, corporations, non-profit corporations, and organizations included in versions 1.0, 2.0, and 3.0 of Guidance on Essential Critical Infrastructure Workers released by the U.S. Department of Homeland Security on March 19, 2020, March 28, 2020, and April 17, 2020. Critical infrastructure also includes suppliers who provide essential goods and services to the Critical Infrastructure workforce including entities that provide legal services, home hospice, and non-profit corporations or organizations that offer food distribution or other health or mental health services.

Transportation Georgia incorporates the CISA 3.0 definition of critical infrastructure, including its definition of essential transportation operations. Support operations for such businesses are also included.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 35

Manufacturing Georgia incorporates the CISA 3.0 definition of essential m businesses, including its definition of essential manufacturing operations. Support operations for such businesses are also included.

Construction Georgia incorporates the CISA 3.0 definition of essential businesses, including its definition of essential construction services. Support operations for such businesses are also included.

Retail Georgia incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). Support operations for such businesses are also included.

All retail businesses, including Food Establishments (such as retail and wholesale grocery stores), but not to include food processing plants or wholesale sandwich and salad manufacturers, shall implement additional measures to prevent the spread of COVID-19.

Hotel/Restaurant Georgia incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agricultural services (including restaurant delivery, carry-out and curbside). Support operations for such businesses are also included.

Restaurants may operate subject to certain restrictions outlined in the August 31, 2020 order.

Face Mask Requirements?

Georgia has not issued an order requiring residents to utilize face masks. The July 15 order suspended local orders requiring face coverings, masks, face shields, or any other Personal Protective Equipment in public to the extent such orders are more restrictive than the executive order. All residents and visitors are strongly encouraged to wear face coverings as practicable. Certain businesses are required to have their employees use face coverings, such as restaurant and dining services workers. Refer to the executive orders to determine which businesses are required or encouraged to wear face coverings.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 36

Hawaii Source of Information https://governor.hawaii.gov/wp-content/uploads/2020/03/2003162-ATG_Third-Supplementary-Proclamation-forCOVID-19-signed.pdf https://governor.hawaii.gov/wp-content/uploads/2020/04/2004144-ATG_Sixth-Supplementary-Proclamation-forCOVID-19-distribution-signed.pdf https://governor.hawaii.gov/wp-content/uploads/2020/05/2005088-ATG_Eighth-Supplementary-Proclamation-forCOVID-19-distribution-signed.pdf https://recoverynavigator.hawaii.gov/reopening-status/ https://recoverynavigator.hawaii.gov/wp-content/uploads/2020/06/Beyond-Recovery_Reopening-Hawaii_DetailedStrategy_29-May-2020_Final.pdf https://governor.hawaii.gov/wp-content/uploads/2020/06/2006097A-ATG_Ninth-Supplementary-ProclamationCOVID-19-distribution-signed.pdf https://governor.hawaii.gov/newsroom/latest-news/office-of-the-governor-news-release-state-to-launch-covid-19pre-travel-testing-program-for-out-of-state-travelers-august-1/ https://governor.hawaii.gov/wp-content/uploads/2020/07/2007090-ATG_Tenth-Supplementary-Proclamation-forCOVID-19-distribution-signed.pdf https://governor.hawaii.gov/wp-content/uploads/2020/08/2008022-ATG_Eleventh-Proclamation-for-COVID-19distribution-signed.pdf https://governor.hawaii.gov/wp-content/uploads/2020/08/2008089-ATG_Twelfth-Proclamation-COVID-19distribution-signed.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Hawaii issued a Roadmap to “Recovery and Resilience.” Phase 1 is Stabilization (stay at home), Phase 2: Reopening (act with care), Phase 3: Long-term Recovery (minimal disruption), and Phase 4: Resilience (new normal). Levels will be informed by health, economic, and community-based indicators. A minimum of 14 days of observation between decision points before moving to the next impact level. As of September 15 September 8, the Counties of Hawaii, Kauai, and Maui remain in Phase 2 (act with care). The City and County of Honolulu has regressed to Phase 1 (stay at home). In this phase, the focus is on reconnecting Hawaii’s local activities by first, reopening medium-risk businesses and operations; and later, reopening high-risk businesses and operations.

Everything but large venues, bars, and clubs are allowed to reopen with certain restrictions regarding social distancing and safe practices. Hawaii’s recovery navigator provides that the State’s "Reopening strategy will be implemented by County and is subject to change. In all cases, businesses and operations must follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to reopening.”

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 37

The 14 day quarantine for interisland travelers and travelers arriving in the Hawaii, is extended through September 1. Beginning August 1, all travelers arriving in Hawaii from out-of-state will be required to get a valid COVID-19 test within 72 hours of their trip, and to show proof of a negative test result at the airport, to avoid the 14day quarantine. The FDA-approved PCR test from a CLIA-certified laboratory will need to be done prior to arrival.

No testing will be provided upon arrival at the airport.

Definition of Essential Infrastructure/Business On August 20, 2020, Hawaii issued a twelfth supplementary proclamation ordering the entire state to “act with care” through September 30, 2020. During the “act with care” stage, all businesses other than large venues and clubs are permitted to reopen with “Safe Practices” and physical distancing requirements as defined in the ninth supplementary proclamation.

Transportation Hawaii’s August 20, 2020 twelfth proclamation explicitly permits transportation businesses to operate so long as they follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening.

Manufacturing Hawaii’s August 20 twelfth proclamation explicitly permits critical and non-critical manufacturing businesses to operate so long as they follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening.

Construction Hawaii’s August 20 twelfth proclamation explicitly permits critical and non-critical construction businesses to operate so long as they follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening.

Retail Hawaii’s August 20 twelfth proclamation explicitly permits critical and non-critical retail businesses to operate so long as they follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening.

Hotel/Restaurant Hawaii’s August 20 twelfth proclamation explicitly permits hotel businesses to operate so long as they follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening.

Face Mask Requirements?

Hawaii’s fifth supplementary proclamation requires that all customers and employees of essential businesses shall wear face coverings while waiting to enter and while at an essential business or operation. All employees of essential businesses or operations who have any contact with customers or goods to be purchased shall wear the cloth face covering recommended by the CDC while at their place of employment. The fifth supplementary proclamation regarding face masks remains in effect through the disaster emergency relief period.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 38

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 39

Idaho Source of Information https://rebound.idaho.gov/stages-of-reopening/ https://coronavirus.idaho.gov/governors-actions/ https://rebound.idaho.gov/stage-4-stay-healthy-guidelines/ Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Idaho has issued “Guidelines for Opening Up Idaho.” All criteria must be met before Idaho advances to the next stage of reopening. The Idaho Division of Public Health and the Governor’s Coronavirus Working Group will review the criteria every two weeks to assess if criteria are met, or continue to be met, so Idaho can move to the next stage. Further guidance can be found at https://rebound.idaho.gov/stages-of-reopening/ Stage 1 of the reopening plan was implemented from May 1, 2020 through May 15, 2020, while Stage 2 was implemented from May 16, 2020 to May 29, 2020.

Stage 3 commenced May 30, 2020, as outlined by the “Stay Healthy Order,” and will likely continue through June 12, 2020. Vulnerable residents can resume public interactions, but should practice physical distancing.

Gatherings, both public and private, of 10-50 people, where appropriate physical distancing and precautionary measures are observed, can occur. Non-essential travel can resume. Employees who are considered vulnerable individuals should continue to self-quarantine. All businesses may continue to resume operations at physical locations while observing social distancing practices, with the exception of nightclubs and large venues (e.g., concert venues, sporting venues, parades, festivals, etc.), which may only perform Basic Minimum Operations as defined in the Stay Healthy Order. Non-essential travel is allowed to resume during Stage 3.

Stage 4 began on June 13, 2020 and is expected to continue for the foreseeable future, as this is the most advanced and least restrictive Stage that has been announced as part of Idaho’s reopening plan. Vulnerable residents may resume public interactions, but should practice physical distancing. Gatherings of any size, both public and private, where appropriate physical distancing and precautionary measures are observed can occur.

Non-essential travel is allowed. Businesses can resume unrestricted staffing of worksites, but must continue to practice physical distancing. Visits to senior living facilities and congregate facilities (e.g. jails and corrections) can resume. Those who interact with residents and patients must be diligent regarding hygiene and physical distancing.

Bars and nightclubs may operate with diminished standing-room occupancy, where applicable and appropriate.

Large venues (e.g. movie theaters and sporting venues) can operate under limited physical distancing protocols.

No further guidance has yet been issued regarding additional Stages of reopening or relaxed requirements for certain industries.

Definition of Essential Infrastructure/Business On March 25, 2020, Idaho issued a now-expired stay-at-home order mandating that all non-essential businesses cease operations. For purposes of the order, essential businesses include: grocery stores and related markets; newspapers and media-related services; hardware stores; educational institutions; businesses that supply

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 40

products needed for people to work from home; businesses that supply other essential businesses or essential government functions with the support or supplies necessary to operate; and businesses that ship or deliver groceries, food, goods or services directly to residences.

Transportation Idaho incorporates the CISA 2.0 definition of essential businesses, including its definition of essential transportation operations. Support operations for such businesses are also included. Transportation businesses are permitted to operate in full, while following social distancing guidelines, per Stage 4 guidance.

Manufacturing Idaho incorporates the CISA 2.0 definition of essential businesses, including its definition of essential manufacturing operations. Support operations for such businesses are also included. Manufacturing businesses are permitted to operate in full, while following social distancing guidelines, per Stage 4 guidance.

Construction Idaho incorporates the CISA 2.0 definition of essential businesses, including its definition of essential construction services. Support operations for such businesses are also included. Construction businesses are permitted to operate in full, while following social distancing guidelines, per Stage 4 guidance.

Retail Idaho incorporates the CISA 2.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). Retail businesses are permitted to operate in full, while following social distancing guidelines, per Stage 4 guidance.

Hotel/Restaurant Idaho incorporates the CISA 2.0 definition of essential businesses, including its definition of essential food and agricultural services (including restaurant carry-out and fast food). Support operations for such businesses are also included. As of May 30, bars and movie theaters may open, as long as protocols to protect workers and the public are followed. Idaho moved up the opening of bars and theatres two weeks early, from Stage 4 to Stage 3.

Face Mask Requirements?

Idaho has not issued an order requiring residents or businesses to utilize face masks.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 41

Illinois Source of Information https://coronavirus.illinois.gov/sfc/servlet.shepherd/document/download/069t000000BadS0AAJ?operationContext =S1 https://www2.illinois.gov/dceo/pages/restoreILP3.aspx http://www.dph.illinois.gov/restore https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-38.aspx https://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/phase4overview.pdf https://dceocovid19resources.com/restore-illinois/restore-illinois-phase-4/ https://www2.illinois.gov/Documents/ExecOrders/2020/ExecutiveOrder-2020-44.pdf https://www.chicago.gov/content/dam/city/sites/covid/health-orders/PublicHealth%20Order%202020-10%20%20Quarantine%20on%20all%20travel%207-2-2020%20FINAL.pdf https://www.chicago.gov/city/en/sites/covid-19/home/emergency-travel-order.html https://www.chicago.gov/content/dam/city/depts/mayor/Press%20Room/Press%20Releases/2020/July/BACPCOV IDRestrictions.pdf https://www2.illinois.gov/Pages/news-item.aspx?ReleaseID=21947 https://dceocovid19resources.com/assets/Restore-Illinois/Resurgence-Migitations-Region-4.pdf https://www2.illinois.gov/Pages/news-item.aspx?ReleaseID=21989 https://www2.illinois.gov/IISNews/21994-Updated_Restaurants_Guidelines.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Illinois has joined the Midwest Governors’ Pact which includes Ohio, Illinois, Michigan, Minnesota, Indiana, Kentucky and Wisconsin. The Pact is a working group of Midwest governors that will work in close coordination to reopen their economies following the COVID-19 response.

Separately, Illinois issued the “Restore Illinois” plan on May 5, 2020, which establishes a five-Phase approach to reopening the state’s economy throughout the remainder of the pandemic. Each Phase of the plan allows for additional types of businesses to open and/or operate with more regular functionality, while also allowing for increasingly larger gatherings as social distancing and hygiene procedures continue. The plan does not provide any timetable or specific dates, but rather relies on public health data such as new case growth, hospital surge capacity, and testing/tracing ability. These factors will serve as the basis for moving forward or reverting back to a particular Phase as necessary.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 42

The “Restore Illinois” plan also divides Illinois into four separate “health regions.” Data on healthcare capacity and outcomes for a particular health region will determine whether it may advance to the next Phase or, if necessary, revert back to a prior Phase. This division of the state means that certain health regions will likely advance to a less restrictive Phase of reopening sooner than others.

On June 26, 2020, all four health regions advanced from Phase Three to Phase Four. The Illinois Department of Commerce and Economic Opportunity (DCEO) has issued guidance for businesses reopening or expanding their operations during this Phase. This guidance include a “Phase Four Business Toolkit,” which is generally applicable to all business operations, and industry-specific documents, including “Guidelines” and “Toolkit” web pages for each type of business. The industry “Toolkit” web pages contain checklists, industry posters, signage, and graphics for posting at a business’s premises and on social media channels.

During Phase Four, offices can continue to have staff on-site up to 50% of office occupancy, while restaurants can now offer indoor dining for parties of 10 or less per table in addition to previously-allowed outdoor dining. All retail businesses may operate under store capacity limits, while health and fitness clubs and personal care services may operate under similar capacity restrictions. Groups of up to 50 exercising proper social distancing, including outdoor spectator events and theater/cinema crowds, are also permitted during Phase Four. Because of the requirements for advancing to Phase Five, Illinois will very likely remain in Phase Four until the development of a COVID-19 vaccine, a treatment option that ensures health care capacity is no longer a concern, or other scenarios in which there are no new cases over a sustained period.

On August 16, 2020, Governor J.B. Pritzker issued new COVID-19 mitigation measures for the Metro East Region, encompassing the southwest portion of the state mainly population by suburbs east of St. Louis. These new measures are due to an increase in the positivity rate from this region, and took effect on August 18. Bars in this region must now close at 11:00 p.m. (matching the new closing time for St. Louis bars) and disallow seating or congregating at the bar. All indoor restaurant and bar has been suspended for the region. Meetings, social gatherings, and other events are limited to 25 guests or 25% of overall room capacity, whichever is lesser. Gaming and casino establishments must close at 11:00 p.m. and are limited to 25% of capacity. On August 26, these same mitigation measures began in the Health Region encompassing Will and Kankakee Counties.

Since July 6, 2020, the City of Chicago has imposed a 14-day quarantine requirement for all travelers arriving from certain “hot spot” states. Any individual who has been in one of the following states for non-essential or personal travel must self-quarantine for 14 days: Alabama, Arkansas, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, and Utah Texas. Puerto Rico is also subject to this quarantine requirement. The list of these designated states will be updated every Tuesday, with the revised list going into effect the following Friday. “Essential workers” traveling to these designated states on “essential business,” as both terms are defined by CISA, are exempted from this requirement. Also exempted are travelers who simply passed through a designated state (e.g., connecting flights, driving through a state without staying there) and did not stay overnight or remain in the designated state for more than 24 hours. Additionally, starting July 24, the city of Chicago will reimpose previous restrictions closing all indoor bars and limiting restaurant seating to a maximum of 6 persons per table. Group fitness classes will also be restricted to 10 or fewer people, while spa services that require removal of a face covering will be prohibited.

Definition of Essential Business The now-expired Illinois stay-at-home orders provided that essential businesses and operations include, among others, grocery stores, educational institutions, restaurants for consumption off-premises, supplies to work from home, media, supplies for essential businesses and operations, and manufacture, distribution, and supply chain for critical products and industries (including products used by other essential businesses and operations).

Illinois also incorporates the CISA 1.0 definitions of essential businesses.

On May 1, Illinois issued a modified Stay-at-Home order that extended the provisions of previous orders, while both allowing some additional business activities and imposing new requirements on businesses continuing to operate. On May 29, Illinois began allowing all businesses – both essential and non-essential – to operate under

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 43

the Phase Three guidance issued by the DCEO. As of June 26, businesses may operate under the less restrictive guidelines for Phase Four.

All businesses must continue to evaluate which employees are able to work from home, and are encouraged to facilitate remote work from home when possible. All businesses that have employees physically reporting to a work-site must post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency. The guidance can be found here: https://www.dph.illinois.gov/sites/default/files/COVID-19_WorkplaceHealth_SafetyGuidance20200505.pdf Transportation Transportation business operations have continued throughout the stay-at-home period and economic reopening process.

Manufacturing Manufacturers must continue to follow Social Distancing Requirements and take appropriate precautions, which may include: (1) providing face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times; (2) staggering shifts; (3) reducing line speeds; (4) operating only essential lines, while shutting down non-essential lines; (5) ensuring that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and (6) downsizing operations to the extent necessary to allow for social distancing and to provide a safe workplace in response to the COVID-19 emergency.

Phase Four, which began June 26, 2020, allows manufacturers to operate under the same guidelines as Phase Three, while also allowing in-person meetings of up to 50 people, with proper social distancing.

Manufacturers should make sure to comply with the applicable Phase Four guidance issued by the Illinois Department of Commerce and Economic Opportunity (DCEO), which includes specific guidance and “Toolkit� documents for manufacturers. This guidance encompasses both minimum guidelines and encouraged best practices on HR and travel policies, employee health monitoring, providing a safe physical workspace, workplace disinfecting/cleaning procedures, staffing and employee attendance, and interactions with visitors such as customers, suppliers, and vendors.

Construction Construction business operations have largely continued throughout the stay-at-home period and economic reopening process.

Retail Retail stores must, to the greatest extent possible: (1) provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times; (2) cap occupancy at 50 percent of store capacity, or, alternatively, at the occupancy limits based on store square footage set by the Department of Commerce and Economic Opportunity; (3) set up store aisles to be one-way where practicable to maximize spacing between customers and identify the one-way aisles with conspicuous signage and/or floor markings; (4) communicate with customers through in-store signage, and public service announcements and advertisements, about the social distancing requirements set forth in this Order (Social Distancing Requirements); and (5) discontinue use of reusable bags.

During Phase Four, which began on June 26, 2020, retail businesses can largely operate under the same guidelines as during Phase Three, allowing for 50% of maximum store occupancy. Retail businesses should make sure to comply with the applicable Phase Four guidance issued by the Illinois Department of Commerce and

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 44

Economic Opportunity (DCEO), which includes specific guidance and “Toolkit” documents for retailers. This guidance encompasses both minimum guidelines and encouraged best practices on HR and travel policies, employee health monitoring, providing a safe physical workspace, workplace disinfecting/cleaning procedures, staffing and employee attendance, and interactions with visitors such as customers, suppliers, and vendors.

Hotel/Restaurant Phase Three of the Restore Illinois economic reopening plan, which began May 29, 2020, allowed restaurants and bars to resume outdoor service to parties of 6 persons or fewer. On May 24, the Illinois Department of Commerce and Economic Opportunity (DCEO) issued a “Guidelines” document and posted a “Toolkit” web page for restaurants and bars resuming certain operations once Phase Three is implemented. The Guidelines document includes both minimum guidelines and encouraged best practices on HR and travel policies, monitoring employee health, providing a safe physical workspace, workplace disinfecting/cleaning procedures, staffing and employee attendance, external interactions such as those with customers and vendors, and requirements for customers.

Restaurants and bars are encouraged to implement a reservation-only or call-ahead model, if practical, and to have customers wear face coverings when not eating or drinking.

During Phase Four, which began on June 26, 2020, indoor dining and drinking is permitted for parties of up to 10 people per table. Outdoor service can continue as allowed under Phase Three guidance. As with Phase Three, DCEO has issued guidance for hotels and restaurants operating during Phase Four. Per this guidance, tables must be placed at least 6 feet apart, and booths that are fewer than 6 feet apart must have impermeable barriers between them. Standing areas in restaurants or bars are limited to 25% of capacity. Buffets, self-serve food areas, and self-serve beverage fountains are permissible with additional precautions. Starting July 24, the city of Chicago re-imposed previous restrictions closing all indoor bars and limiting restaurant seating to a maximum of 6 persons per table. As of August 18, the Metro East region of the state (near St. Louis) has re-imposed restrictions on restaurants and bars, mandating that all such establishments close by 11:00 p.m., suspending all indoor restaurant and bar service for the region, requiring reservations for table seating, and disallowing any seating at bars (i.e. seated patrons must be at tables). Starting August 26, these same measures apply to the Health Region encompassing Will and Kankakee Counties. Also beginning August 26, all restaurant and bar patrons must wear a face mask during all interactions with wait staff, even when seated.

Face Mask Requirements?

All residents over the age of two and able to tolerate a face covering are required to cover their faces when in public spaces and unable to maintain a six-foot social distance. Face coverings are required in public indoor spaces such as stores. Retail stores and manufacturers designated as Essential Businesses and Operations shall do their best to provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 45

Indiana Source of Information https://www.in.gov/gov/files/Executive%20Order%2020-26%20Roadmap%20to%20Reopen%20Indiana.pdf https://www.in.gov/gov/files/Executive%20Order%202025%20Renewal%20of%20Public%20Health%20Emergency%20declaration%20of%20Covid-19.pdf https://www.in.gov/gov/files/Executive%20Order%202035%20Back%20on%20Track%20Indiana%20Stage%204_5.pdf https://www.in.gov/gov/files/Executive%20Order%2020-36%20(Continuation%20Stage%204.5).pdf? https://www.in.gov/gov/files/Executive%20Order%2020-37%20Face%20Covering%20Requirement.pdf https://www.in.gov/gov/files/Executive%20Order%2020-39%20(2nd%20Extension%20Stage%204.5).pdf https://www.in.gov/gov/files/Executive%20Order%202041%20(Sixth%20Renewal%20of%20Emergency%20Declaration).pdf https://www.in.gov/gov/files/Executive%20Order%202042%20(30%20day%20extension%20of%204_5%20and%20Mask%20Mandate).pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On May 1, Indiana issued a Roadmap to Reopen the Indiana economy, which goes into effect May 1 through May 23 and has five stages that lead to an anticipated full reopening by July 4. Gov. Holcomb said on May 1 that the state was in "stage one" of its reopening plan—which extended the application of the stay-at-home order until May 3—and would begin to move into stage two on a region-by-region basis on Monday, May 4. Marion and Lake Counties will not move to stage two until May 11. Cass County can begin stage two on May 18.

Counties may be permitted to advance to the next stage based on the following considerations: (1) the number of hospitalized COVID-19 patients; (2) the capacity for critical care beds and ventilators; (3) the ability to test for COVID-19; and (4) the capacity for contact tracing.

On May 31, 2020, the Governor rescinded portions of Executive Orders 20-26 and 20-28 limiting travel restrictions issued by local governments pursuant to Indiana Code § 10-14-3-29.5.

On June 30, 2020, the Governor signed Executive Order 20-33, extending restrictions on residential foreclosures and evictions through July 31 and prohibitions on discontinuing utility services through August 14. The Order also extends temporary licensing of health care workers by an additional 90 days.

On July 1, 2020, the Governor issued Executive Order 20-34, extending the public health disaster emergency originally declared in Executive Order 20-02 for an additional 30 days, expiring on August 3, 2020 unless further renewed. All other Executive Orders supplementing Executive Order 20-02 also are extended through August 3, 2020.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 46

On July 3, 2020, all counties except Elkhart County advanced to Stage 4.5. Elkhart County will remain in Stage 4 until July 17, 2020. In Stage 4.5, youth overnight camps may commence with health screenings for employees and campers. Fairs, festivals, parades, and other places of public amusement may resume, ensuring social distancing if outdoors and limited to 50% capacity with social distancing if indoors. Conventions may resume with a limit of 250 people per site or venue. Horseracing may resume at 50% capacity. Public access to all state government buildings may be restricted to appointment only. State employees, contractors, and vendors must wear face coverings in all indoor public areas of state buildings.

On July 16, 2020, the Governor signed Executive Order 20-36, continuing Stage 4.5 in all counties except Elkhart County until Friday, July 31, 2020. Elkhart County will remain in Stage 4 through July 31, 2020. All private and public gatherings or meetings remain limited to no more than 250 people. Special or seasonal events scheduled to occur on or after July 23, 2020, and where the total attendance is expected to exceed 250 people, must have an event plan approved by local health officials before proceeding.

On July 30, 2020, the Governor signed Executive Order 20-39, further continuing Stage 4.5 for all counties until Saturday, August 27, 2020. The Order also further extends existing restrictions on residential property evictions and residential real estate foreclosures to August 14, 2020.

On July 30, 2020, the Governor also signed Executive Order 20-38, further renewing the COVID-19 public health emergency to expire on September 2, 2020.

On August 27, 2020, the Governor signed Executive Order 20-41, renewing the declaration of a public health disaster emergency for an additional 30 days, to expire on October 2, 2020. The Governor also signed Executive Order 20-42, further extending Stage 4.5 for all counties through September 25, 2020.

On August 21, 2020, the Governor signed Executive Order 20-40, waiving child care regulations under Ind. Code §§ 20-26-5-2(a)(2)(B), 12-7-2-28.6, and 12-17.2-2-8(8)(C) to the extent necessary to allow school corporations to contract with relevant organizations to provide child care programs while students engage in remote or e-learning.

Counties and cities are permitted to enact stricter rules.

Definition of Essential Infrastructure/Business Businesses may reopen following the Roadmap to Reopen stages, as discussed above, and following the industry-specific guidelines found here.

Transportation Transportation business may reopen pursuant to the Roadmap to Reopen plan.

Manufacturing Manufacturing may reopen pursuant to the Roadmap to Reopen plan.

Construction Construction may reopen pursuant to the Roadmap to Reopen plan.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 47

Retail Beginning June 12, 2020, under Stage Four of the Roadmap to Reopen plan, all retail businesses, including malls, may open at full capacity, following social distancing requirements and industry best practices.

Hotel/Restaurant Beginning June 12, 2020, under Stage Four of the Roadmap to Reopen plan, restaurants may open for inperson dining at 75% capacity and bars may open at 50% capacity. Employees must wear fact coverings and all employees and customers must observe social distancing.

Face Mask Requirements?

Per Indiana’s May 1 Roadmap to Reopen order, restaurant employees are “required” to wear face coverings. State employees, contractors, and vendors are required to wear face coverings in public areas of state buildings. All other essential and non-essential workers are strongly encouraged to wear face coverings.

On July 24, 2020, the Governor signed Executive Order 20-37, declaring that, effective July 27, 2020 and continuing for a period of 30 days, all individuals within the State must wear a face covering when inside an indoor space open to the public, an outdoor space where it is not possible to maintain 6 feet of social distance, and when using public transportation. The Order does not apply to private offices, private workspaces, or meetings in which six feet of social distancing can be achieved. The text of the Order, including exceptions to the Order, can be found here.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 48

Iowa Source of Information https://coronavirus.iowa.gov/ https://governor.iowa.gov/sites/default/files/documents/Public%20Health%20Proclamation%20%202020.07.24%20%282%29.pdf https://governor.iowa.gov/sites/default/files/documents/Public%20Health%20Proclamation%20%202020.08.27.pdf?utm_medium=email&utm_source=govdelivery Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Iowa issued Public Health Reopening Guidance on April 27, 2020. Entities considering reopening must adhere to certain public health guidance.

Iowa’s governor has charted the state’s reopening via a series of public health proclamations. On June 10, Iowa’s governor signed a new public health proclamation that outlined the reopening of businesses and other establishments in Iowa.

As of June 12, capacity restrictions on Iowa businesses have been completely lifted. The Governor is expecting Iowa businesses to keep up with provided guidance, social distancing measures, enhanced hygiene practices, and public health measures recommended by the Iowa Department of Public Health. Further, senior centers, adult daycare centers, and swimming pools may reopen as long as they follow recommended measures.

Restaurants, bars, fitness centers, malls, movie theaters, casinos, and other more higher-risk facilities must ensure a physical distance of six feet between visitors.

On June 17, the Governor signed a new proclamation continuing the Public Health Disaster Emergency and taking a number of actions to advance Iowa’s “Return to Learn Strategy,” directing that all state agencies, school districts, and local governments are to focus on preparing to safely welcome back students and teachers to school in-person in the fall. The proclamation provides clarity for when a school may move to primarily remote leaning, authorizing it when, for instance, parents select remote learning as the best option for their family, or when a school, in consultation with state and local public health officials, determines that individual students or classrooms must be temporarily moved to online learning. The proclamation also provides regulatory relief for the education workforce, including removing limitations on how often and long substitutes teachers can teach, and expanding the pool of Iowans who are eligible to serve as substitute teachers.

On August 27, the Governor signed a new proclamation extending Iowa’s statewide public health emergency. The proclamation, effective at 5:00 p.m. on Thursday, August 27, 2020, orders all bars, taverns, wineries, breweries, distilleries, nightclubs to close in six counties: Black Hawk, Dallas, Johnson, Linn, Polk, and Story. Bars and similar establishments may continue to sell alcoholic beverages for consumption off premises.

Restaurants in these six counties are permitted to remain open, but must stop selling and serving alcoholic beverages after 10:00 p.m. The proclamation also strongly encourages all Iowans two years of age or older to wear a mask or other face covering when in public settings, especially in circumstances when it is not possible to remain six feet away from others outside their household, unless it is unsafe to do so because of health or disability. These new public health measures remain in effect until September 20, 2020.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 49

Definition of Essential Infrastructure/Business N/A Transportation These activities are permitted while following appropriate social distancing measures and other guidance provided by the Iowa Department of Public Health.

Manufacturing These activities are permitted while following appropriate social distancing measures and other guidance provided by the Iowa Department of Public Health.

Construction These activities are permitted while following appropriate social distancing measures and other guidance provided by the Iowa Department of Public Health.

Retail Fitness centers, malls, personal services (e.g. barbershops, salons), movie theaters, libraries, outdoor performance venues, and other retail establishments may operate without capacity restrictions as long as they ensure at least six feet of physical distance between visitors, implement increased hygiene practices, and observe other public health measures to reduce the risk of transmission.

Hotel/Restaurant The Iowa order does not address hotels.

Bars, taverns, wineries, breweries, distilleries, and nightclubs in Black Hawk, Dallas, Johnson, Linn, Polk, and Story Counties have been ordered to close by public health proclamation, effective August 27, 2020. Bars and similar establishments may continue to sell alcoholic beverages for consumption off premises. Closures will remain in effect until at least September 20, 2020. Restaurants in these six counties are permitted to remain open— ensuring physical distance, increased hygiene practices, and other public health measures to reduce the risk of transmission—but must stop selling and serving alcoholic beverages after 10:00 p.m.

Face Mask Requirements?

Iowa has not issued an order requiring residents or businesses to utilize face masks. On August 27, the Governor signed a public health proclamation that strongly encourages all Iowans two years of age or older to wear a mask or other face covering when in public settings, especially in circumstances when it is not possible to remain six feet away from others outside their household, unless it is unsafe to do so because of health or disability.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 50

Kansas Source of Information https://governor.kansas.gov/newsroom/executive-orders/ https://covid.ks.gov/wp-content/uploads/2020/05/Reopen-Kansas-Framework-043020.3.pdf https://governor.kansas.gov/governor-laura-kelly-announces-masks-must-be-worn-statewide/ https://governor.kansas.gov/governor-laura-kelly-recommends-kansas-continues-to-use-phase-3-of-ad-astra-plan/ Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Kansas has issued a plan to reopen, and is currently under Phase Three until further notice.

Under Phase Three, the following will be permitted: (1) mass gatherings of no more than 45 individuals recommended; (2) on-site staffing for employers is unrestricted; (3) nonessential travel may resume provided travelers follow KDHE travel and quarantine guidelines for travel to high-risk areas; (4) all education, activities, venues and establishments may operate pursuant to mass gathering guidelines; and (5) K-12 facilities remain subject to the provisions EO 20-07 regarding school closures, except that up to 90 students, instructors, or staff may be present for normal operations.

Phase Out, when it begins, will still include maintaining social distance where applicable, but no limitations on travel. Employers will be required to follow any additional guidance for businesses and employees that is released.

Definition of Essential Infrastructure/Business N/A Transportation Kansas identified essential functions for transportation under Section KEFF 200 Distribute of the March 28th order such as: provide and maintain critical infrastructure, maintain supply chains for essential functions and critical infrastructure (as defined by DHS), produce or distribute construction materials, transport cargo and passengers by air, rail, road, and vessel, transport materials by pipeline, transport passengers by mass transport, and manufacture, distribute, sell, or maintain automobiles or automobile parts. Public transportation is exempt from April 18th order regarding mass gatherings being prohibited.

On May 15, Kansas issued EO 20-33, under which regulations under Title 49 C.F.R. §§390-399 are suspended for motor carries and persons operating commercial vehicles actively participating in COVID-19 relief or restoration efforts, and those commercial vehicles may haul up to 10% more than their licensed weight, provided it does not exceed 90,000 pounds. On August 19, Kansas issued EO 20-62, extending these exceptions until

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 51

September 14, 2020, or until the State of Disaster Emergency extended by House Bill 2016 expires, whichever is earlier.

On June 12, Kansas issued EO 20-45, which also provides that for motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief or restoration efforts: (a) the licensing, certification, and permitting rules and regulations as required by the Kansas Corporation Commission are temporarily suspended; (b) the registration and fuel tax permits as enforced by the Kansas Department of Revenue are temporarily suspended; and (c) the fees associated with permits for over-dimension/overweight permits are temporarily waived.

Manufacturing Kansas identified essential functions for manufacturing under Section KEFF 200 Distribute and KEFF 400 Supply of the March 28th order such as: manufacture equipment used for essential functions or critical infrastructure (as defined by CISA), provide and maintain critical infrastructure, produce or distribute construction materials, maintain specialized manufacturing or industrial equipment, transport cargo and passengers by road, manufacture, distribute, sell, or maintain automobiles or automobile parts. Manufacturing, processing, distribution, and production facilities are exempt from April 18 order regarding mass gatherings being prohibited.

Construction Kansas identified essential functions related to construction for KEFF 400 Manage of the March 28th order such as: provide and maintain critical infrastructure, construct or repair roads, construct, maintain or clean buildings, and produce or distribute construction materials.

Retail Kansas identified essential functions regarding retail such as; Operate or maintain gas stations and associated convenience stores and restaurants (but only as allowed in KEFF 400.6.b), Sell groceries, including alcoholic beverages (not for on-site consumption). As of May 4, 2020, bars and nightclubs may not open excluding already operating curbside and carryout services. Personal service businesses where close contact cannot be avoided must remain closed.

Hotel/Restaurant Kansas identified essential functions regarding hotel and restaurant industry such as Produce and Provide Human and Animal Food Products and Services: manufacture or process food or food products; prepare or serve meals for takeout or delivery; sell groceries, including alcoholic beverages (not for on-site consumption); operate or maintain hotels or motels.

Order 20-27 allows for the sale of alcoholic beverages for carryout consumption and permits the sale of liquor in a container that is not the original container for any establishment holding a class A club license, class B club license, or drinking establishment license.

Hotels and motels, Restaurants and bars, facilities are exempt from April 18 order regarding mass gatherings being prohibited as long as no more than 10 customers be in the building at the same time and must maintain six-foot distance and other restrictions.

Face Mask Requirements?

Effective at 12:01 am July 3, 2020 residents must wear masks in public spaces in which social distancing cannot be maintained, including the outdoors.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 52

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 53

Kentucky Source of Information https://kentucky.gov/Pages/Activity-stream.aspx?n=GovernorBeshear&prId=148 https://governor.ky.gov/attachments/20200325_Executive-Order_2020-257_Healthy-at-Home.pdf https://governor.ky.gov/attachments/20200506_Executive-Order_2020-315_Travel.pdf https://govstatus.egov.com/ky-healthy-at-work-reopening-healthcare-services https://govstatus.egov.com/ky-healthy-at-work https://govsite-assets.s3.amazonaws.com/hCKid1hmTrmshmdgoP7A_Executive%20Order%202020415%20Relating%20to%20Travel.pdf https://governor.ky.gov/attachments/20200709_Executive-Order_State-of-Emergency.pdf Dates Stay at Home Order in Effect Effective 3/26/2020 until further notice Orders / Plans for Restart On May 6, 2020, the Kentucky Department of Public Health announced the beginning of Health Care Phase 2, allowing for outpatient and ambulatory surgery and invasive procedures. All patients must have COVID-19 preprocedure testing. The 10 rules of reopening also apply.

On May 13, 2020, the Cabinet for Health and Family Services announced the beginning of Phase 3 of healthcare reopening. Beginning May 13, hospitals and care facilities may being doing non-emergency surgeries and procedures at 50% of their pre-COVID-19-era patient volume. Facilities will determine their own patient capacities starting May 27, 2020, as long as social distancing and hygiene requirements are followed.

As of May 26, 2020, the following reopening dates have been announced under Kentucky’s Healthy at Work plan. The Healthy at Work plan is currently in Phase 2, with Phase 3 slated to begin July 1.

•

May 9 – Places of worship

•

May 11 – Construction, horse racing (no spectators), manufacturing and distribution (at 50% of preoutbreak occupancy), office-based businesses (at 50% of pre-outbreak occupancy), pet grooming/boarding, photography, vehicle or vessel dealerships

•

May 18 – Government offices

•

May 20 – Funeral and memorial services, retail

•

May 22 – Restaurants (33% capacity and outdoor seating)

•

May 25 – Barbershops/cosmetology/hair salons, massage therapy, nail salons, tattoo parlors

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 54

•

June 1 – Auctions, auto/dirt track racing, aquatic centers, bowling alleys, fishing tournaments, fitness centers, Kentucky State Park Lodges, movie theaters, Salato Wildlife Education Center

•

June 8 – Aquariums, distilleries, libraries, limited outdoor attractions, museums, horse shows, inhome childcare programs

•

June 11 – Kentucky Horse Park, Kentucky state park campgrounds

•

June 15 – Center-based childcare, day camps, low-touch youth sports

•

June 22 – Businesses opening as of May 22 at 33% capacity can expand to 50% capacity

•

June 29 – Bars, expanded youth sports, public swimming and bathing facilities, venues and event spaces (50% capacity)

•

July 1 – Auctions, bowling alleys, fitness centers, aquatic centers, and movie theaters may expand to 50% capacity, following industry-specific guidelines.

As of May 22, 2020, gatherings of 10 people or fewer are permitted. Starting June 29, gatherings of 50 people or fewer will be permitted, and venues that hold 50 people or fewer may reopen.

All operating businesses must follow the Minimum Requirements, found here: https://govsiteassets.s3.amazonaws.com/34CVrepQ8KClctVAQEDH_5-11-2020%20CHFS%20Order%20Minimum %20Requirements%20for%20All%20Entities.pdf 315.

On May 22, 2020, the Governor rescinded previous travel restrictions enacted under Executive Order 2020-

On July 10, 2020, the Governor ordered that door-to-door solicitation may resume, following Healthy at Work requirements and retail sector guidance.

On July 20, 2020, the Cabinet for Health and Family Services ordered that, gatherings must be limited to 10 people or fewer. The Order does not apply to or otherwise restrict business entities which are permitted to reopen pursuant to Executive Orders, orders of the Cabinet for Health and Family Services, or other Cabinets.

On July 20, 2020, the Kentucky Department of Public Health issued a travel advisory recommending a 14day self-quarantine for people returning from a state with a positive testing rate greater than or equal to 15% for COVID-19 testing. As of August 18, these states included Alabama, Arizona, Florida, Georgia, Idaho, Nevada, South Carolina, and Texas, as well as Puerto Rico.

On August 24, 2020, the Governor signed Executive Order 2020-700, lifting the suspension of evictions from residential premises for failure to pay rent. The Order requires that landlords give any tenant at least 30 days’ notice of intent to evict and must meet and confer with the tenant during that time. The Order also provides that no penalties, late fees, or interest shall be charged related to nonpayment of rent from March 6, 2020 through December 31, 2020. The Order also establishes a Healthy at Home Eviction Relief Fund to provide relief from evictions. On September 4, 2020, the Governor signed Executive Order 2020-751, rescinding the portions of Executive Order 2020-700 allowing for residential evictions for failure to pay rent on 30-days’ notice and prohibiting late fees and interest charges for nonpayment. Executive Order 2020-751 incorporates CDC Order 2020-19654, providing that a tenant who signs and submits a declaration of inability to timely pay rent cannot be evicted. A declaration of inability to timely pay rent is required to prevent eviction. The full text of CDC Order 2020-19654 can be found here.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 55

Kentucky has joined the Midwest Governors’ Pact, which includes Ohio, Illinois, Michigan, Minnesota, Indiana, Kentucky and Wisconsin. The Pact is a working group of Midwest governors that will work in close coordination to reopen their economies following the COVID-19 response.

Definition of Essential Infrastructure/Business On March 25, 2020, Kentucky issued an executive order urging people to stay at home. The order mandates that only life-sustaining businesses may remain open, effective at 8:00 p.m. on March 26, 2020 until termination of the state of emergency or until rescinded by further order.

Businesses may being to reopen following the Healthy at Work timeline detailed above.

Transportation Transportation businesses may reopen following the Healthy at Work plan detailed above.

Manufacturing Manufacturing may reopen following the Healthy at Work plan detailed above.

Construction Construction businesses may reopen following the Healthy at Work plan detailed above.

Retail As of May 20, 2020, retail businesses may reopen, following the social distancing requirements set out here: https://govsite-assets.s3.amazonaws.com/aTB9pNLQGiEUJEME7LeW_Healthy%20at%20Work%20Reqs% 20-%20Retail%20-%20Final%20Version%201.0.pdf.

Hotel/Restaurant Open restaurants must follow the social distancing and safety requirements set out here: https://govsiteassets.s3.amazonaws.com/GlXFnrapT8Wp96HaFGBf_2020-7-27%20%20Healthy%20At%20Work%20Reqs%20-%20Restaurants%20-%20Down%20to%2025-%20capacity%20%20Final%20Version%204.0.pdf Effective August 11, 2020, bars and restaurants may resume operations at 50% capacity provided they can maintain 6 feet of distance between customers and customers wear face coverings when not seated.

Face Mask Requirements?

The Governor said that by May 11, everybody working for an essential business that is reopening should be wearing a mask. In addition, going to the grocery store, into any place of business or any place where social distancing of keeping at least six-feet apart might be broken, the Governor said every Kentuckian should be wearing a mask.

Effective July 10, all people, with some exceptions, in Kentucky must wear a face covering while inside businesses or other indoor public spaces, public transportation, and outdoor public spaces in which persons cannot maintain a physical distance of six feet.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 56

On August 6, 2020, the Governor extended Kentucky’s face covering requirement for an additional 30 days.

On September 4, 2020, the Governor further extended Kentucky’s face covering requirement for an additional 30 days.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 57

Louisiana Source of Information https://gov.louisiana.gov/assets/Proclamations/2020/JBE-33-2020.pdf https://gov.louisiana.gov/assets/Proclamations/2020/41-JBE-2020-Stay-At-Home-Extended.pdf https://gov.louisiana.gov/assets/docs/covid/Roadmap-to-Resilient-Louisiana-FINAL.pdf https://gov.louisiana.gov/assets/Proclamations/2020/58-JBE-2020.pdf https://gov.louisiana.gov/assets/Proclamations/2020/74-JBE-2020-State-of-Emergency-COVID-19-ResilientLouisiana-Phase-2.pdf https://gov.louisiana.gov/index.cfm/newsroom/detail/2561 https://gov.louisiana.gov/assets/Proclamations/2020/83-JBE-2020-State-of-Emergency-COVID-19-ResilientLouisiana-Phase-2.pdf https://gov.louisiana.gov/assets/Proclamations/2020/89-JBE-2020.pdf https://gov.louisiana.gov/assets/Proclamations/2020/101-JBE-2020-covid-19-Public-Health-Emergency-Renewalof-Phase-2.pdf https://gov.louisiana.gov/assets/Proclamations/2020/110-JBE-2020-COVID-19-Public-Health-EmergencyRenewal-of-Phase-2.pdf https://gov.louisiana.gov/assets/Proclamations/2020/117-JBE-2020-COVID-19-Public-Health-Emergency-Phase3-of-Resilient-LA.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On May 15, Louisiana entered Phase One of its “Roadmap to a Resilient Louisiana” with the expiration of the stay-at-home order and an expansion of the types of businesses permitted to operate. The new order allows certain non-essential businesses to open permitted occupancy is limited to 25% of total capacity and enhanced sanitation and distancing guidelines are implemented. The following businesses may open: restaurants, cafes and coffee shops; shopping malls; gyms and fitness centers; barber and beauty shops and nail salons; movie theaters; racetracks (not open to spectators); museums, zoos, and aquariums (no tactile exhibits); and bars and breweries with LDH food permits. Casinos and video poker establishments may open on May 18 with 25% occupancy limits, 50% of gaming positions spaced for social distancing, and enhanced sanitation.

On June 5, Louisiana moved to Phase Two of its “Roadmap to a Resilient Louisiana” plan with an order that increases occupancy limits for businesses permitted to operate. Businesses that may open at 50% capacity include: restaurants, cafes and coffee shops; shopping malls (including food courts, following restaurant guidance); gyms and fitness centers; barber and beauty shops and nail salons; movie theaters; racetracks (not open to spectators); museums (including children’s museums), zoos, and aquariums (no tactile exhibits); bars and breweries with LDH food permits; massage establishments, spas, tattoo establishments (under strict guidance from

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 58

LDH) and esthetician services (under strict guidance from the Cosmetology Board); pool halls, bowling alleys and skating rinks (children must be accompanied by an adult); event centers and wedding venues; and outdoor playgrounds and play centers (children must be accompanied by an adult). Casinos and video poker establishments may open at 50% occupancy and limited to 75% of gaming positions. Bars and breweries that do not have LDH food permits will be able to open with strict social distancing requirements and customers seated at 25% occupancy.

On June 22, Gov. John Bel Edwards announced that Louisiana will stay in Phase Two of its “Roadmap to a Resilient Louisiana” plan for another 28 days, as the number of COVID-19 cases have started to rise across the state. The extension maintains the occupancy limits for businesses permitted to operate under Louisiana’s Phase Two order.

On June 25, Louisiana formally extended Phase Two of its reopening plan for another 28 days with a new order that maintains occupancy limits for businesses permitted to operate and limits indoor gatherings to 250 people.

On July 11, Gov. Edwards announced additional restrictions under a revised proclamation as Louisiana remains in Phase Two of its “Roadmap to a Resilient Louisiana” plan. Effective July 13, the revised Phase Two proclamation mandates face coverings for everyone ages 8 and older (with exceptions), orders the closure of bars to on-premises consumption, and limits indoor social gatherings to 50 people. Outdoor social gatherings are also limited to 50 people if individuals cannot avoid being within six feet of one another. All bars, including those with food permits from the Louisiana Department of Health, can operate for curbside takeout or delivery only. The limit on the size of social gatherings does not apply to those businesses deemed essential as defined by CISA or any business or organization operating at 50% capacity pursuant to paragraphs (1) through (6) of Section 2 of Proclamation 83 JBE 2020.

On August 6, Gov. Edwards signed an order formally extending Phase Two of the “Roadmap to a Resilient Louisiana plan” through August 28. The new order maintains the statewide mask mandate, the closure of bars to on-premises consumption, and the limitation on gatherings of more than 50 people.

On August 26, Gov. Edwards signed an order that again extends Phase Two of the “Roadmap to a Resilient Louisiana” plan for another two weeks until September 11. The new order maintains the statewide mask mandate, the closure of bars to on-premises consumption, and the limitation on gatherings of more than 50 people.

On September 11, Louisiana moved to Phase Three of its “Roadmap to a Resilient Louisiana” plan with a new order signed by Gov. Edwards in it effect until October 9. In the new order, restaurants, churches, salons, spas, gyms and other businesses are able to open at a maximum of 75% of occupancy, with social distancing in place.

Bars remain closed, but the order outlines how they may begin to re-open for on-premises consumption 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. Indoor social gatherings are 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 remain 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 remains prohibited in Phase Three.

Definition of Essential Infrastructure/Business On Sunday, March 22, Louisiana issued a statewide stay-at-home order requiring Louisiana residents to shelter at home unless going out for essential tasks, effective 5 p.m. CT Monday, March 23 through April 13, 2020 (later extended to April 30, 2020). All gatherings of 10 or more people are prohibited, but this only applies to gatherings in a single space at the same time where people will be in “close proximity” to one another. It does not apply to normal business operations, including those in factories or manufacturing facilities.

The order provides that essential activity includes going to and from an individuals’ workplace to perform a job function necessary to provide goods or services being sought in relation to food, medicine, essentials, and nonelective medical care. Notably, essential activity also includes going to and from businesses related to what are

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 59

deemed critical infrastructure sectors by CISA. The governor said Tuesday, April 20 that he expects a new order May 1.

Three major changes in the new Stay at Home order that will go into effect on May 1 include: (1) malls will remain closed to the public, but stores may open for curbside delivery; (2) restaurants will be allowed to open their outside areas for patrons to eat meals only, without tableside service; and (3) all employees of a business who have contact with the public must wear a mask.

Transportation Louisiana incorporates the CISA 3.0 definition of essential businesses, including its definition of essential transportation operations. Support operations for such businesses are also included.

Manufacturing Louisiana incorporates the CISA 3.0 definition of essential businesses, including its definition of essential manufacturing operations. Support operations for such businesses are also included. Louisiana also has listed other manufacturing activities which are defined as essential in the March 22, 2020 order.

Construction Louisiana incorporates the CISA 3.0 definition of essential businesses, including its definition of essential construction activities. Support operations for such businesses are also included. Louisiana also has listed other construction activities which are defined as essential in the March 22, 2020 order.

Retail Louisiana incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). Support operations for such businesses are also included. Louisiana also has listed other retail services which are defined as essential in the March 22, 2020 order.

Hotel/Restaurant Louisiana incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agricultural services (including restaurant carry-out and fast food). Hotels may operate for lodging, and food delivery or carry-out services. Support operations for such businesses are also included. Louisiana’s extended stay-at-home order allows restaurants to open their outside areas for patrons to eat meals only, without tableside service.

Face Mask Requirements?

Louisiana mandates that all employees of a business who have contact with the public wear a mask.

Effective July 13, all persons ages 8 and older are required to wear face coverings except for the following: • • • • •

Anyone who has a medical condition that prevents the wearing of a face covering Anyone who is consuming a drink or food Anyone who is trying to communicate with a person who is hearing impaired Anyone who is giving a speech for broadcast or to an audience Anyone temporarily removing his or her face covering for identification purposes

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 60

•

Anyone who is a resident of a parish without a high COVID incidence that has opted out of the masking mandate

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 61

Maine Source of Information https://www.maine.gov/governor/mills/sites/maine.gov.governor.mills/files/inlinefiles/An%20Order%20Regarding%20Essential%20Businesses%20and%20Operations%20_0.pdf https://www.maine.gov/governor/mills/news/governor-mills-presents-safe-gradual-plan-restart-maines-economy2020-04-28 https://www.maine.gov/governor/mills/sites/maine.gov.governor.mills/files/inlinefiles/An%20Order%20to%20Stay%20Safer%20at%20Home.pdf https://www.maine.gov/governor/mills/news/governor-mills-introduces-rural-reopening-plan-2020-05-08 https://www.maine.gov/governor/mills/sites/maine.gov.governor.mills/files/inlinefiles/An%20Order%20to%20Further%20Implement%20the%20Restarting%20Plan.pdf https://www.maine.gov/governor/mills/news/light-data-trends-mills-administration-accelerates-business-openingsrural-counties-2020-06-04 https://www.maine.gov/governor/mills/news/mills-administration-accelerates-start-date-lodging-establishmentsserve-out-state-visitors https://www.maine.gov/governor/mills/news/mills-administration-announces-indoor-dining-androscoggincumberland-york-counties-can-resume https://www.maine.gov/governor/mills/news/mills-administration-releases-covid-19-prevention-checklists-stage-3business-reopenings-2020 https://www.maine.gov/governor/mills/sites/maine.gov.governor.mills/files/inlinefiles/An%20Order%20Strengthening%20the%20Use%20of%20Face%20Coverings.pdf https://www.maine.gov/governor/mills/sites/maine.gov.governor.mills/files/inline-files/EO%206%20-%20fy2021.pdf Dates Stay at Home Order in Effect N/A; however persons over age 60 or who are medically compromised are urged to stay home until further notice Orders / Plans for Restart On April 28, Maine announced that a new 'Stay Safer at Home Order,' which goes into effect April 30, will also allow people to visit businesses or participate in activities that are deemed safe to open under Maine’s reopening plan. The reopening plan will be broken into monthly stages, depending on their success.

Stage 1 will begin on May 1, if there are no new trends that change the plan. Stage 1 continues the prohibition on gatherings of more than 10 people, the quarantine of all people entering or returning to Maine for a period of 14 days, and the special precautions for older individuals and others at risk of COVID-19. It calls for continued telework when possible. It will also newly require that Maine people wear cloth face coverings in public settings where physical distancing measures are difficult to maintain, and continue strict requirements for long-term

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 62

care facilities. Stage 1 also allows for the limited expansion of certain business, religious, and quality of life activities, with appropriate safety precautions, including: outpatient care; personal grooming services; outdoor recreation; and auto dealerships.

Stage 2 will begin in June and contemplates revising the limitation on gatherings from less than 10 people to less than 50 people. It also calls for people who can telework to continue to do so but allows for employees in certain fields to begin to reenter the office as needed. It maintains the 14-day quarantine for all people entering or returning to Maine and the special precautions for older Mainers and others at risk of COVID19.

With appropriate safety precautions, Stage 2 would allow for some degree of opening with reservations, capacity limits, and other measures for businesses including: restaurants; fitness centers; retail stores for broader in-store shopping; and parks.

Stage 3 will begin in July and continue through August. Stage 3 contemplates maintaining the prohibition on gatherings of more than 50 people and other Stage 1 and Stage 2 restrictions, including the 14-day quarantine on people entering Maine. With appropriate safety precautions, Stage 3 would allow for some degree of opening for businesses including: lodging and hotels; charter boats and boat excursions; bars; and personal services.

Stage 4, which lifts the most restrictions, will start at a point to be determined in the future and will include lifting restrictions and allowing all businesses and activities to resume with appropriate safety precautions.

On May 8, Maine announced a rural reopening plan aimed at reopening certain businesses in Aroostook, Piscataquis, Washington, Hancock, Somerset, Franklin, Oxford, Kennebec, Waldo, Knox, Lincoln, and Sagadahoc counties. Retail stores in these counties are permitted to open May 11 with additional health and safety precautions including restricting the number of customers in a store at one time, enhanced cleaning practices, and touch-free transactions whenever possible. Restaurants in these same counties are permitted to open on May 18 with added health and safety precautions including physically distancing customers, ensuring employees follow enhanced hygiene and sanitation practices, and controlling customer flow through reservations whenever possible.

On June 1, Maine entered Stage 2 of its reopening plan with a new Executive Order that allows for the gradual easing of restrictions implemented under previous Executive Orders. The new order eases the restrictions on gatherings from 10 people to 50 and relaxes provisions allowing people to visit more businesses and participate in more activities, including easing of restrictions on eating establishments permitted to reopen, phasing out the distinction between essential and non-essential businesses, and continuing to require employees to work remotely to the extent practicable. The order maintains previously established restrictions on the use of public transportation and continues to limit passengers in certain private vehicles.

On June 4, Maine announced additional business openings under the rural reopening plan. Effective June 12, tasting rooms and bars may open for outside service and gyms and fitness centers, nail salons, and tattoo and piecing parlors may open with added health and safety precautions in in all counties except for York, Cumberland, and Androscoggin counties.

On June 12, Maine announced that it is accelerating the first day that lodging establishments can begin serving out-of-state visitors who meet either the 14-day quarantine requirement or the State’s new testing alternative. Lodging establishments may now begin serving these individuals on June 26 rather than July 1 (the scheduled start date for Stage 3 of Maine’s reopening plan).

On June 15, Maine announced that indoor dining in Androscoggin, Cumberland, and York counties can voluntarily resume on June 17. Previously, only outside dining, takeaway, and delivery services were permitted at restaurants in these three counties. With this change, restaurants statewide are now allowed now to open to both inside and outside dining with added health and safety precautions. Also effective June 17 in Androscoggin, Cumberland, and York counties, bars, breweries, and tasting rooms are permitted to open for outdoor, seated service while gyms, nail salons, and tattoo parlors may also reopen, all with added health and safety protocols.

Additionally, capacity limits are expanding at retail establishments, allowing up to 5 customers per 1,000 square feet.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 63

On June 24, Maine announced it will move to Stage 3 of its reopening plan on July 1 with the posting of COVID-19 Prevention Checklists for businesses voluntarily resuming operations. The checklists outline health and safety protocols for businesses to follow in order to reopen safely. The checklists are for the following types of businesses: spas and skin care establishments, including laser hair removal and similar services; outdoor amusements, such as amusement parks and water parks; indoor amusements, such as bowling and arcades; movie theaters; and performing arts venues. The checklists are available at https://www.maine.gov/decd/covid-19prevention-checklists.

Effective August 1, the limit on the number of persons for outdoor gatherings is 5 people per 1,000 square feet of occupiable outdoor space or not more than 100 persons whichever is less. The limit on the number of persons for indoor gatherings remains at 50 persons.

Definition of Essential Infrastructure/Business On March 24, 2020, Maine issued an order regarding essential businesses, effective March 25, 2020 through April 8, 2020 (later extended through May 31, 2020). While not an SIP order, it mandates that non-essential businesses cease operations. In addition to exempting businesses that fall within the 16 critical infrastructure sectors outlined by CISA, the order also exempts the following types of businesses: grocery stores and related markets; hardware and auto repair; and truck delivery and distribution of goods. There is no carve-out for businesses that supply products or services to other essential businesses. Non-essential businesses and operations may continue to perform those activities that do not allow customer, vendor or other visitor-in-person contact, do not require more than 10 workers to convene in space where social distancing is not possible, and are facilitated to the maximum extent practicable by employees working remotely.

Transportation Maine incorporates the CISA 1.0 definition of essential businesses, including its definition of essential transportation operations. It is not clear whether Maine will follow any subsequent updates to the CISA sectors.

Manufacturing Maine incorporates the CISA 1.0 definition of essential businesses, including its definition of essential manufacturing operations. Maine also has listed industrial manufacturing as exempt from the order. It is not clear whether Maine will follow any subsequent updates to the CISA sectors.

Construction Maine incorporates the CISA 1.0 definition of essential businesses, including its definition of essential construction activities. Maine also has listed construction and maintenance of essential infrastructure as exempt from the order. It is not clear whether Maine will follow any subsequent updates to the CISA sectors.

Retail Maine incorporates the CISA 1.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). It is not clear whether Maine will follow any subsequent updates to the CISA sectors.

Hotel/Restaurant Maine incorporates the CISA 1.0 definition of essential businesses, including its definition of essential food and agricultural services (including restaurant carry-out and fast food). Maine also has listed hotel and commercial

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 64

lodging as exempt from the order. It is not clear whether Maine will follow any subsequent updates to the CISA sectors.

Face Mask Requirements?

Maine’s “Stay Safer at Home Order” will require that residents wear cloth face coverings in public settings where physical distancing measures are difficult to maintain.

Effective June 5, businesses are required to post signs notifying customers they are required to wear cloth face coverings where physical distancing is not possible and allows businesses to deny entry or service to a person not wearing a covering or who is exempt from doing so.

On July 8, an Executive Order was issued strengthening the enforcement component of Maine’s face covering requirement. The new Executive Order requires retail stores with more than 50,000 square feet of shopping space, restaurants, outdoor bars or tasting rooms, and lodging establishments, to enforce the State’s face covering requirement. The new face covering requirement applies to businesses in the coastal counties of Hancock, Waldo, Knox, Lincoln, Sagadahoc, Cumberland, and York, as well as in the cities of Bangor, Brewer, Lewiston, Auburn, and Augusta. Also under the Order, municipalities may enforce the use of face coverings on streets and sidewalks, and in parks and other public spaces where individuals are not able to maintain at least six feet of physical distance.

Effective August 1, face coverings are recommended for children ages 2 to 4 unless deemed developmentally inappropriate. Face coverings are required for all children age 5 and older in public settings, including school and child care settings.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 65

Maryland Source of Information https://governor.maryland.gov/wp-content/uploads/2020/03/OLC-Interpretive-Guidance-COVID19-04.pdf https://governor.maryland.gov/wp-content/uploads/2020/04/MD_Strong.pdf https://governor.maryland.gov/2020/05/13/stage-one-governor-hogan-announces-gradual-reopenings-withflexible-community-based-approach/ https://governor.maryland.gov/wp-content/uploads/2020/05/Gatherings-SIXTH-AMENDED-5.13.20.pdf https://governor.maryland.gov/wp-content/uploads/2020/05/Gatherings-7th-AMENDED-5.27.20.pdf https://governor.maryland.gov/wp-content/uploads/2020/06/Gatherings-EIGHTH-AMENDED-6.3.20.pdf https://governor.maryland.gov/wp-content/uploads/2020/06/Gatherings-NINTH-AMENDED-June-10.pdf https://governor.maryland.gov/wp-content/uploads/2020/07/Gatherings-10th-AMENDED-7.29.20.pdf https://governor.maryland.gov/wp-content/uploads/2020/09/Gatherings-12th-AMENDED-9.1.20.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 24, Maryland issued the “Maryland Strong Roadmap to Recovery.” The roadmap consists of three stages that gradually allow more social movement and fluid business activity, starting with low-risk activities and moving toward higher risk ones.

Gov. Hogan has laid out the “Four Building Blocks” that he claims are necessary for Maryland to move towards recovery. These include: (1) procuring sufficient personal protective equipment for frontline healthcare workers; (2) generating hospital surge capacity; (3) having adequate testing capacity; and, (4) a robust contact tracing program. The roadmap is divided into Low Risk, Medium Risk, and High Risk stages for activities. The first stage would consist of lifting the stay-at-home order, along with opening mall shops and certain small businesses and allowing recreational activities like golfing, boating, outdoor fitness classes and other outdoor activities. The second stage includes a “more normal public transit schedule” and a larger number of businesses could reopen, as long they follow strict public health protocols. Examples include: elective and outpatient procedures at hospitals; raising the cap on social gatherings; reopening indoor gyms; permitting indoor religious gatherings; and reopening restaurants and bars with safety restrictions. The final stage would be reopening “higher risk activities” like concerts and larger religious activities, a lessening of restrictions at hospitals, and nursing homes.

The stages will include sub-phases to be announced by the governor. The first stage could start in early May, but residents are urged to continue social distancing and following public health protocols to ensure the safety of all residents. While the roadmap lays out the guide for the state to reopen, it also states that physical distancing and wearing of masks will likely continue until the state of emergency is lifted.

On May 15, Maryland entered the first stage of its “Maryland Strong: Roadmap to Recovery” with the lifting of the stay-at-home order and an expansion of the types of businesses permitted to operate. Stage One includes a

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 66

gradual reopening of retail, manufacturing and some personal services. Retail businesses may open provided that the total number of persons permitted in the business does not exceed 50% of maximum occupancy. Manufacturing operations may resume. Beauty salons and barber shops may open provided customers and staff wear face coverings, services are provided by appointment, the total number of persons permitted in the business does not exceed 50% of maximum occupancy, and after each customer the business cleans and disinfects the area in which services were performed.

On May 27, Gov. Hogan announced that due to successful first stage reopenings, Maryland can move forward with the completion of Stage One of the “Maryland Strong: Roadmap to Recovery” plan. Effective May 29, restaurants may reopen for outdoor dining following public health requirements consistent with the CDC, FDA, and the National Restaurant Association, outdoor youth sports may resume following appropriate CDC guidelines, and all outdoor pools may reopen with strict safety guidelines.

On June 3, Gov. Hogan announced that Maryland will move to Stage Two of the “Maryland Strong: Roadmap to Recovery” plan with the lifting of the order requiring the closure of non-essential businesses. The new order allows businesses, organizations, establishments, and facilities that are not part of the critical infrastructure sectors identified by CISA to open effective June 5. Other businesses that may open effective June 5 include tattoo parlors, tanning salons, massage parlors, and establishments that provide esthetic services or provide nail technician services provided customers and staff wear face coverings, services are provided by appointment, the total number of persons permitted in the business does not exceed 50% of maximum occupancy, and after each customer the business cleans and disinfects the area in which services were performed.

On June 10, Gov. Hogan announced additional reopenings under Stage Two of the “Maryland Strong: Roadmap to Recovery” plan. Effective June 12, restaurants can resume indoor operations at 50% capacity, with appropriate distancing, and following strict public health requirements consistent with the CDC, FDA, and the National Restaurant Association; outdoor amusements and rides, including miniature golf and go-kart tracks, may resume with appropriate health and safety protocols; and capacity restrictions at pools will be increased to 50% with strict safety guidelines still in place. Effective June 19, indoor gyms, martial arts, dance, and other indoor studio fitness activities may begin to reopen at 50% capacity with strict health, distancing and sanitization measures; and casinos, arcades, and malls may also begin to resume operations with strict safety protocols.

On September 1, Gov. Hogan announced the beginning of Stage Three of the “Maryland Strong: Roadmap to Recovery” plan with additional safe and gradual reopenings. As with Stages One and Two, Stage Three will be implemented in phases with a flexible approach that empowers individual jurisdictions to make decisions regarding the timing of reopenings. Effective September 4, capacity for retail establishments and religious facilities may increase from 50% to 75%; indoor theaters where live performances occur or motion pictures are shown may open to the general public at 50% capacity, or 100 people per auditorium, or whichever is less; and outdoor venues where live performances occur or motion pictures are shown outdoors may open to the general public at 50% capacity, or 250 people, whichever is less.

Definition of Essential Infrastructure/Business On March 30, 2020, Maryland issued a statewide stay-at-home order effective 8:00 p.m. March 30, 2020 until after termination of the state emergency regarding COVID-19. The order mandates that non-essential businesses cease operations. In addition to exempting businesses that fall within the 16 critical infrastructure sectors outlined by CISA. There is no explicit carve-out for businesses that supply products or services to other Essential Businesses.

On May 6, Maryland issued an amended stay-at-home order broadening the list of permitted outdoor activities to include individual and small group sports such as golfing, tennis, and similar activities; outdoor fitness instruction; recreational fishing and hunting; recreational boating; and horseback riding. Closed functions at state parks will be reopened, including all state beaches for walking and exercise, as well as playgrounds.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 67

Transportation Maryland incorporates the CISA 3.0 definition of essential businesses, including its definition of essential transportation operations. Maryland also has listed other transportation activities which are defined as essential and permitted to operate in Section 2.m of an Interpretive Guidance issued by the Office of Legal Counsel to Governor Hogan.

Manufacturing Maryland incorporates the CISA 3.0 definition of essential businesses, including its definition of essential manufacturing operations. Maryland also has listed other manufacturing activities which are defined as essential and permitted to operate in Section 2.d of an Interpretive Guidance issued by the Office of Legal Counsel to Governor Hogan.

Construction Maryland incorporates the CISA 3.0 definition of essential businesses, including its definition of essential construction operations. Maryland also has listed other construction activities which are defined as essential and permitted to operate in Section 2.b of an Interpretive Guidance issued by the Office of Legal Counsel to Governor Hogan.

Retail Maryland incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). Maryland also has listed other retail services which are defined as essential and permitted to operate in Section 2.i of an Interpretive Guidance issued by the Office of Legal Counsel to Governor Hogan.

Hotel/Restaurant Maryland incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes restaurant carry-out and fast food). Maryland also has listed lodging as essential and permitted to operate in Section 2.b of an Interpretive Guidance issued by the Office of Legal Counsel to Governor Hogan.

Face Mask Requirements?

Starting April 18, everyone must wear a face covering inside any retail establishment or when riding any form of public transportation in Maryland. All retail and food service establishments (including delivery personnel) must require staff to wear face coverings while working in areas open to the general public and areas in which interactions with other staff are likely.

Effective July 31, everyone over the age of five are required to wear face coverings in the public spaces of all businesses. Face coverings are also required in outdoor public areas, whenever it is not possible to maintain physical distancing.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 68

Massachusetts Source of Information https://www.mass.gov/doc/march-31-2020-essential-services-extension-order https://www.mass.gov/info-details/covid-19-essential-services https://www.mass.gov/doc/signed-second-extension-of-essential-services-order/download https://www.mass.gov/doc/may-1-2020-masks-and-face-coverings/download https://www.mass.gov/doc/reopening-advisory-board-presentation-may-11-2020/download https://www.mass.gov/info-details/reopening-massachusetts https://www.mass.gov/news/safer-at-home-advisory https://www.mass.gov/news/governor-baker-issues-executive-order-in-advance-of-phase-ii https://www.mass.gov/doc/june-6-2020-phase-ii-reopening/download https://www.mass.gov/info-details/safety-standards-and-checklist-construction https://www.mass.gov/info-details/safety-standards-and-checklist-retail-businesses https://www.mass.gov/info-details/safety-standards-and-checklist-restaurants https://www.mass.gov/info-details/safety-standards-and-checklist-operators-of-lodgings https://www.mass.gov/info-details/covid-19-travel-order#information-for-employershttps://www.mass.gov/doc/revised-gatherings-order-august-7-2020/download https://www.mass.gov/info-details/safety-standards-and-checklist-restaurants?n Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On May 11, 2020, the Massachusetts Governor unveiled a four-phase approach for reopening Massachusetts beginning on May 18, 2020 based on meeting key public health metrics. Under Phase 1, “Start,” limited industries will resume operations with severe restrictions still in place. Under Phase 2, “Cautious,” additional industries will resume operations with restrictions and capacity limits. Under Phase 3, “Vigilant,” further industries will resume operations with guidance. And, finally, under Phase 4, the “New Normal,” the development of a vaccine and/or therapy will enable resumption of the new normal.

On May 18, 2020, Massachusetts released its “Reopening Massachusetts” report, which provides further details concerning the four-phase approach to reopening the state as well as industry specific guidance. As set forth in the newly released report, Phase 1 will proceed in three stages with specified businesses eligible to reopen

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 69

on May 18, 2020, May 25, 2020, and June 1, 2020. As relevant here, manufacturing and construction businesses are eligible to reopen effective May 18, 2020 and retail operations are permitted to open for remote fulfillment and curbside pickup on May 25, 2020.

Also, effective May 18, 2020, Massachusetts updated its Stay at Home advisory with a new “Safer at Home” Advisory, according to which individuals are instructed to stay at home unless traveling to a newly opened facility or activity. All residents must continue to wear a face covering in public when social distancing is not possible and restrictions on gatherings of more than 10 people remain in effect.

In order to reopen, businesses must develop a written COVID-19 control plan outlining how its workplace will prevent the spread of COVID-19. Required Materials, including a COVID-19 control plan template and compliance attestation, are located on mass.gov/reopening.

On June 1, 2020, the Massachusetts Governor issued an Executive Order that provides a detailed list of businesses and activities that fall into Phases II, III, and IV of the Commonwealth’s Re-Opening Plan. The Order also permits all Phase II enterprises, including retail, to begin preparations to safely resume operation in advance of the start of the second phase. Effective immediately, the Executive Order permits Phase II businesses to reopen their physical workplaces to workers only to conduct necessary preparations prior to the start of Phase II. Preparations include but are not limited to completing a COVID-19 Control Plan, implementing sector-specific protocols, and complying with Mandatory Workplace Safety Standards.

On June 6, 2020, the Massachusetts Governor issued an Executive Order detailing a two-step approach to reopening businesses under Phase II. Phase II businesses, including retail (with occupancy limits), restaurants (outdoor table service only), hotels (no events, meetings or other functions), and personal services without close physical contact will be permitted to reopen under Step I on June 8, 2020. Effective June 22, 2020, the following businesses are permitted to reopen under Step II of Phase II: indoor table service at restaurants; close contact personal services, with restrictions; retail dressing rooms, by appointment only; and offices, at up to 50 percent capacity. Reopening businesses should consult sector-specific guidance available at mass.gov/reopening.

Businesses reopening under Phase II are required to self-certify that they are in compliance with all generally applicable COVID-19 workplace safety rules and any applicable sector-specific rules and post on the premises all public notices and advisories required by the Executive Order.

Massachusetts entered Phase III on July 6, 2020, with the following business eligible to reopen under Step One of Phase III (subject to industry-specific rules concerning capacity and operations): movies theaters and outdoor performance venues; museums, cultural and historical sites; fitness centers and health clubs; certain indoor recreational activities with low potential for contact; professional sports teams, under the authority of league-wide rules, may hold games without spectators. Reopening businesses are required to self-certify that they are in compliance with all generally applicable COVID-19 workplace safety rules and any applicable sector-specific rules and post on the premises all mandatory public notices and advisories. Step Two of Phase III has been postponed indefinitely due to increased positive cases.

Under an updated gatherings order, indoor gatherings are limited to eight people per 1000 square feet, but should not exceed 25 people in a single enclosed, indoor space. Outdoor gatherings in enclosed spaces are limited to 25 percent of the facility’s maximum permitted occupancy, with a maximum of 100 50 people in a single enclosed outdoor space. In addition, effective August 11, 2020 face coverings are required where more than 10 people from different households will be mixing.

Notably, Massachusetts has joined a partnership of northeast states to develop a regional strategy to reopen the economy. This partnership includes: Massachusetts, New York, New Jersey, Connecticut, Rhode Island, Pennsylvania, and Delaware Massachusetts also announced Mandatory Safety Standards for Workplaces applicable to all sectors and industries, focusing on: (1) social distancing; (2) hygiene protocols; (3) staffing and operations; and (4) cleaning and disinfecting. These standards as well as industry-specific guidance are available online at the Reopening Massachusetts webpage.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 70

Effective August 1, 2020, all travelers entering the Commonwealth including both out of state residents and Massachusetts residents returning home, will be required to comply with a new travel order. Under the travel order, all visitors and returning residents, including students returning to campuses for the fall semester, must fill out a “Massachusetts Travel Form� and quarantine for 14 days unless they are coming from a COVID-19 lower risk state or they can produce a negative COVID-19 test result from a test administered no more than 72 hours prior to arriving in Massachusetts, or they are included in one of the other limited exceptions. Failure to comply with the quarantine order could result in a $500 fine per day. A list of lower risk states is maintained and updated by the Department of Health and published on the travel order webpage. Exempt travelers include people passing through the state, people commuting across state lines for work, people traveling to Massachusetts for medical treatment, people complying with military orders, or people traveling to work in federally designated critical infrastructure sectors (essential services).

In conjunction with the new travel order, Massachusetts announced updated guidance for lodging, offices, manufacturing, construction, labs, and performance venues. In addition, lodging operators are required to inform guests about the travel order. Businesses should refer to the current travel order, including for guidance and an updated list of lower risk states.

Definition of Essential Infrastructure/Business On March 23, 2020, Massachusetts issued an emergency order requiring all businesses and organizations that do not provide COVID-19 essential services to close their physical workplaces and facilities to workers, customers, and the public. These businesses are encouraged to continue operations remotely.

The order follows CISA's 16 critical infrastructure sectors and includes a list of designated businesses that are deemed to provide essential services related to COVID-19 and are permitted to continue all operations so long as an effort is made to follow social distancing protocols.

Transportation Transportation businesses may operate subject to state guidelines, including mandatory safety standards, recommended best practices and a checklist for businesses, is available at mass.gov/reopening.

Manufacturing Manufacturing and construction businesses are eligible to reopen effective May 18, 2020 under Reopening Massachusetts. Sector-specific manufacturing industry guidance, including mandatory safety standards, recommended best practices and a checklist for businesses, available at mass.gov/reopening.

Construction Manufacturing and construction businesses are eligible to reopen effective May 18, 2020 under Reopening Massachusetts. Sector-specific construction industry guidance, including mandatory safety standards, recommended best practices, and a checklist for businesses, is available at mass.gov/reopening.

Retail Retail stores, including stores in enclosed shopping malls, are permitted to reopen under Phase II subject to restrictions. Sector-specific retail industry guidance, including mandatory safety standards, recommended best practices and a checklist for businesses, is available at mass.gov/reopening. As set forth in the guidance, among other things, each store must monitor customer entries and exits and limit occupancy.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 71

Hotel/Restaurant On May 29, 2020, Massachusetts issued workplace safety standards for restaurants and lodging, organized around: (1) social distancing; (2) hygiene protocols; (3) staffing; and (4) cleaning and disinfecting. Restaurants may provide outdoor table service under Phase II Step 1 effective June 8, 2020. In order to provide improved opportunities for outdoor table service, Massachusetts has empowered a local licensing authority to change any type of license that permits the sale of alcoholic beverages for on-premises consumption. Effective June 22, 2020, restaurants are permitted to open for indoor table service under Phase II Step II. Sector-specific restaurant industry guidance, including mandatory safety standards, recommended best practices, and a checklist for restaurants, is available at mass.gov/reopening. As set forth in the guidance, among other things, each restaurant must limit the size of parties and employ table distancing. Restaurant rules have been updated to state that alcoholic beverages may only be served for on-site consumption if accompanied by orders for food prepared on-site. Reopening restaurants should continue to consult sector-specific guidelines for further updates.

Hotels, motels and other lodging businesses are allowed to expand their operations in Phase II. Lodging safety standards apply to all forms of lodging including hotels, motels, inns, bed and breakfasts, short term residential rentals including Airbnb and VRBO. Sector-specific lodging industry guidance, including mandatory safety standards, recommended best practices, and a checklist for businesses, is available at mass.gov/reopening.

Face Mask Requirements?

Effective May 6, 2020: (1) any person in a place open to the public who cannot measurably maintain a distance of at least 6 feet from other people is required wear a mask or cloth covering unless doing so would damage his or her health; (2) all persons are required to wear masks or cloth face coverings at all times in grocery stores, pharmacies, or other retail stores; and (3) all persons are required to wear masks or cloth face coverings when providing or using any taxi, car, livery, ride-sharing, or similar service, any means of mass public transit, or while within an enclosed or semi-enclosed waiting area for same.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 72

Michigan Source of Information https://content.govdelivery.com/attachments/MIEOG/2020/07/17/file_attachments/1498115/EO%202020153%20Emerg%20order%20-%20Masks%20-%20re-issue.pdf https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-538313--,00.html (172) https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-538728--,00.html (175) https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-538730--,00.html (176) https://www.michigan.gov/coronavirus/0,9753,7-406-98178_98455-538942--,00.html (176 FAQ) https://content.govdelivery.com/attachments/MIEOG/2020/09/05/file_attachments/1538976/EO%202020178%20Emerg%20order%20-%20Food-sellers%20-%20re-issue.pdf (178) https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-539379--,00.html (180) https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-539530--,00.html (181) Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On May 7, 2020, Michigan issued a detailed six phase Michigan Safe Start Plan, which outlines the factors for identifying each phase, safety requirements needed in each phase, and indicators for moving between phases.

1.

2.

3.

4.

5.

6.

UNCONTROLLED GROWTH: Increasing number of new cases every day, overwhelming health systems.

PERSISTENT SPREAD: We continue to see high case levels with concern about health system capacity.

FLATTENING: Epidemic is no longer increasing and the health system's capacity is sufficient for current needs.

IMPROVING: Cases, hospitalizations, and deaths are clearly declining.

CONTAINING: Continued case and death rate improvements, with outbreaks quickly contained.

POST-PANDEMIC: Community spread not expected to return.

As of September 3, 2020, most of Michigan is in Medium-High Risk including the Upper Peninsula, and certain areas around Traverse City in a slightly lower Medium Level Risk.

All activities in the state are subject Executive Order No. 2020-176 (Amended Safe Start Order) and to Executive Order No. 2020-153 (requiring any individual who leaves their home to wear a face covering and providing that business may not provide service to customers who fail to wear face coverings).

Executive Order 2020-176 requires: •

Work that can be performed remotely must be.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 73

•

Any business or operation that requires its employees to leave their home for work is subject to the rules on workplace safety in Executive Order 2020-175.

•

Continued restrictions on Public Accommodations

Executive Order No. 2020-175 provides updated required workplace standard and requires that Michiganders employers who resume activities must: • • • • • •

Develop a COVID-19 preparedness plan, consistent with recommendations in Guidance on Preparing Workplaces for COVID-19, developed by the Occupational Health and Safety Administration; Provide COVID-19 safety training and designate worksite supervisors; Place posters in languages common to employees encouraging they stay home when sick and advising on proper hand hygiene practices.

Conduct daily self-screening protocols; Provide face coverings and cleaning supplies to employees and require coverings to be worn in shared spaces; and, Follow industry-specific workplace safety protocols set out in the Order.

Executive Order No. 2020-172 protects workers who stay home from discharge, discipline, or other retaliation, when they or their close contacts are sick with Coronavirus.

Michigan is part of the Midwest Governors’ Pact, which includes Ohio, Illinois, Michigan, Minnesota, Indiana, Kentucky and Wisconsin. The Pact is a working group of Midwest governors that will work in close coordination to reopen their economies following the COVID-19 response.

Definition of Essential Infrastructure/Business Michigan previously defined essential businesses and operations to include the 16 critical infrastructure sectors outlined by CISA on March 19 but does not incorporate any subsequent guidance. In addition critical infrastructure workers also include the following: child care workers, workers at suppliers, distribution centers or service providers whose continued operation is necessary to enable critical infrastructure work, and critical labor union functions.

Transportation All Michigan workers in the transportation industry are allowed to work. Employers must follow all general safety requirements as defined under Executive Order No. 2020-175.

Manufacturing Michigan workers in the manufacturing industry are allowed to work. Employers must follow all general safety requirements as defined under Executive Order No. 2020-175. Additionally, Section 4 of the order provides for additional safety requirements including a daily entry screening protocol, dedicated entry points, stagger break times, etc.

Construction All Michigan workers in the construction industry are allowed to work. Employers must follow all general safety requirements as defined under Executive Order No. 2020-175. Additionally, Section 3 of the order provides for additional safety requirements including a daily entry screening protocol, dedicated entry points, require the use of work gloves, etc.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 74

Retail All Michigan workers and business in the retail industry are allowed to work. Employers must follow all general safety requirements as defined under Executive Order No. 2020-175. Additionally, Section 6 of the order provides for additional safety requirements including communication material for customers regarding the store practices, lines to regulated entry, and physical barriers at the checkout, etc.

On September 3, 2020, Executive Order No. 2020-178 extended through September 30, 2020 safety measures for food selling establishments and pharmacies. These include additional strategies to reduce COVID19 including for example access to handwashing facilities, special allocation of 2 hours a week of shopping time for vulnerable populations, sufficient daily sanitizing cleaning, requiring employers to notify other employees if an employee tests positive for COVID-19, etc.

Hotel/Restaurant Michigan workers in the hotel industry are allowed to work. Employers must follow all general safety requirements as defined under Executive Order No. 2020-175.

All Michigan restaurant may resume in person dining. Employers must follow all general safety requirements as defined under Executive Order No. 2020-175. Additionally, Section 8 of the order provides for additional safety requirements including limiting capacity to 50% of normal seating, requiring six feet of separation between parties at different tables, requiring patrons to remain seated at their tables save for limited exceptions, prohibiting access to common areas where people can congregate, etc.

On September 3, 2020, Executive Order No. 2020-178, extended through September 30, 2020 safety measures for food selling establishments and pharmacies. These include additional strategies to reduce COVID19 including for example access to handwashing facilities, special allocation of 2 hours a week of shopping time for vulnerable populations, sufficient daily sanitizing cleaning, requiring employers to notify other employees if an employee tests positive for COVID-19, etc.

Executive Order No. 2020-176 requires all food service establishments, as defined in section 1107(t) of the Michigan Food Law, 2000 PA 92, as amended, MCL 289.1107(t), that hold on-premises retailer licenses to sell alcoholic beverages must close for indoor service if they earn more than 70% of their gross receipts from sales of alcoholic beverages.

Face Mask Requirements?

Michigan requires anyone able to medically tolerate a face covering to wear one when in any enclosed public space or when outdoors and unable to consistently maintain a six foot or more distance from others not in their household. Additionally, businesses may not provide service to a customer or allow a customer to enter unless the customer is wearing a face covering as required by Executive Order No. 2020-153.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 75

Minnesota Source of Information https://mn.gov/governor/assets/EO%2020-60%20Filed_tcm1055-433106.pdf https://mn.gov/governor/assets/EO%2020-74%20Final_tcm1055-437539.pdf https://mn.gov/governor/assets/EO%2020-76%20Final_tcm1055-437274.pdf https://mn.gov/governor/assets/EO%2020-80%20Final_tcm1055-440864.pdf https://mn.gov/governor/assets/EO%2020-81%20Final%20Filed_tcm1055-441323.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Minnesota’s Executive Order No. 20-74 titled “Continuing to Safely Reopen Minnesota’s Economy and Ensure Safe Non-Work Activities during the COVID-19 Peacetime Emergency” provides guidelines for individuals including limiting social gatherings indoors to 10 people and outdoors to 25 people. Workers are required to work from home if they are able.

Minnesota is part of the Midwest Governors’ Pact which includes Ohio, Illinois, Michigan, Minnesota, Indiana, Kentucky and Wisconsin. The Pact is a working group of Midwest governors that will work in close coordination to reopen their economies following the COVID-19 response.

Definition of Essential Infrastructure/Business Minnesota has rescinded its Stay-At-Home Order Executive Order 20-48 but incorporates in full the rescinded order’s 16 critical sectors from the CISA 3.0 in Executive Order No. 20-74 signed June 5, 2020.

Transportation Minnesota incorporates the CISA 3.0 definition of essential businesses, including its definition of essential transportation operations. Support operations for such businesses are also included. Minnesota also has listed other critical transportation and logistics activities which are defined as essential in section 6.f of the April 30 order.

All workers in the transportation industry may resume work. Workers considered critical businesses must follow the additional safety requirements provided in Executive order 20-74 Section 7(d) and those considered noncritical must follow the additional safety requirement provided in Executive Order 20-74 Section 7(e).

Manufacturing Minnesota incorporates the CISA 3.0 definition of essential businesses, including its definition of essential manufacturing operations. Support operations for such businesses are also included. Minnesota also has listed other critical manufacturing activities which are defined as essential in Section 6.j of the April 30, 2020 order No. 20-48 including iron ore mining and processing operations and printing operation that supply other critical sectors.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 76

All workers in the manufacturing industry may resume work. Workers considered critical businesses must follow the additional safety requirements provided in Executive order 20-74 Section 7(d) and those considered noncritical must follow the additional safety requirement provided in Executive Order 20-74 Section 7(e).

Construction Minnesota incorporates the CISA 3.0 definition of essential businesses, including its definition of essential construction services. Support operations for such businesses are also included. Minnesota also lists other construction which is defined as essential including roadway construction in Section 6.f as well as other categories of constructions in Section 6.aa of the April 30 order No. 20-48.

All workers in the construction industry may resume work. Workers considered critical businesses must follow the additional safety requirements provided in Executive order 20-74 Section 7(d) and those considered noncritical must follow the additional safety requirement provided in Executive Order 20-74 Section 7(e).

Retail Minnesota incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). Support operations for such businesses are also included.

All workers in the retail industry may resume work. Workers considered critical businesses must follow the additional safety requirements provided in Executive order 20-74 Section 7(d) and those considered non-critical must follow the additional safety requirement provided in Executive Order 20-74 Section 7(e).

Hotel/Restaurant Minnesota incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agricultural services (including restaurant carry-out and fast food). Support operations for such businesses are also included. Hotels are also deemed essential under Section 6(cc) of the April 30 order.

All workers in the hotel industry may resume work. Hotel workers considered critical must follow the additional safety requirements provided in Executive order 20-74 Section 7(d) and those considered non-critical must follow the additional safety requirement provided in Executive Order 20-74 Section 7(e).

Executive order No. 20-74 Section 7(c) provides that restaurants and bars may resume indoor dining provided they adhere to additional safety requirements including not exceeding 50% of normal occupancy, facecoverings for workers, and maintaining social distancing as provided in Section 7(c)(vi).

Face Mask Requirements?

On July 22, 2020, Minnesota’s Governor signed Executive Order No. 20-81 requiring Minnesotans to wear a face covering beginning Saturday, July 25, 2020. Face coverings are mandatory in indoor business and public indoor spaces, for workers when working outdoors in situations where social distancing cannot be maintained and when applicable industry guidance specifically requires face coverings. (https://staysafe.mn.gov).

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 77

Mississippi Source of Information https://governorreeves.ms.gov/covid-19/#executiveOrders https://www.sunherald.com/news/coronavirus/article245381465.html Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Mississippi issued a new “Safer at Home” order, Executive Order No. 1477, which includes opportunities for businesses to reopen beginning Monday, April 27, 2020. Under the order vulnerable individuals are encouraged to continue to shelter in place and all public and private social and non-essential gatherings in groups of more than 10 people are prohibited.

The order allows businesses to resume operation so long as they facilitate adequate social distancing. The order cites specifically sending sick employees home, adopting and enforcing regular personal hygiene protocols, daily screenings of employees before beginning their shifts, and otherwise following the reasonable recommendations of the CDC. Any common areas where employees or customers are likely to congregated shall be closed or strict social distancing protocols put in place (maintaining 6 feet distance and no gathering of more than 10 people).

The order continues to encourage work from home to the maximum extent possible.

On May 8, Mississippi issued Executive Order No. 1480, which extends the “Safer at Home” order through 8:00 a.m. on Monday, May 25, and amends Executive Order No. 1477 to allow the reopening of salons, barbershops, and gyms subject to social distancing guidelines.

Mississippi has issued several Executive Orders, which only apply to Scott, Jasper, Neshoba, Lauderdale, Holmes, and Wayne counties. In these counties, Executive Order No. 1480 remains in effect but additional stricter social distancing protocols also apply, including mandatory face coverings for retail workers and customers.

On May 14, Mississippi issued Executive Order No. 1484, which modifies EO 1458 and 1460 to allow all state agencies, boards, commissions, counties, municipalities, public school districts, and other state and local entities to begin the process of returning non-essential employees back to work subject to the MSDH and CDC guidelines. Under EO 1484 also provided that pools may open between 6:00 am and 10:00 pm. Health care professionals and facilities may resume performing non-emergent, elective, medical procedures and surgeries as clinically appropriate under Tier 1, 2, and 3 of the CMS’s April 7, 2020 recommendations.

On May 15, Mississippi issued Executive Order No. 1486, under which some restaurant limitations were revised, tattoo parlors are permitted to open subject to extensive limitations, dance studios may open subject the same limitations are gyms under Executive Order No. 1480, parks may resume regular operating hours and limitations, and fishing tournaments may resume.

On May 27, Mississippi issued Executive Order 1491, under which Executive Order No. 1477 was amended effective June 1, 2020 to allow movie theaters, auditoriums, museums, and libraries to open subject to social distancing and sanitization guidelines.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 78

On May 28, Mississippi issued Executive Order No. 1492, the Safe Return Order, which is effective from 8:00 am on June 1, 2020 until 8:00 am June 29, 2020. Under the Safe Return Order, modified by Executive Order No. 1496, all vulnerable individuals are encouraged to continue social distancing. Where social distancing is not possible, indoor social gatherings are limited to 20 people and outdoor social gatherings are limited to 50 people.

Where social distancing is possible, indoor gatherings are limited to 50 people and outdoor social gatherings are limited to 100 people. All travel may resume; however, non-essential business travel should be minimized, and all businesses may reopen subject to the CDC and MDH guidelines.

On June 10, Mississippi issued Executive Order Nos. 1496 and 1505, which is now effective from 8:00 am June 15, 2020 until 8:00 am on July 20, 2020. This order allows reception halls and conference centers to open at 25% capacity, with strict social distancing, and seated dinners may resume at 50% maximum capacity provided at least 6 feet of separation can be maintained between tables. Further, arenas may open at no more than 25% capacity, with strict social distancing measures and no concessions.

On August 14, 2020, Mississippi extended its Safe Return Order, as amended by Executive Order 1511 through 8:00 a.m. on August 31, 2020.

On July 24, Mississippi issued Executive Order 1511 limiting indoor gatherings to 10 people and outdoor gatherings to 20 people, with the exception of religious services, classrooms, or in facilities governed by other capacity limits. Under this order, bars are limited to serving alcohol to seated patrons only, limiting bar capacity to 50%, and limiting the size of parties seared at a table to six people. Restaurants and bars are also forbidden from serving alcohol between 11:00 p.m. and 7:00 a.m. This order will remain in effect until August 3 at 8:00 a.m.

Mississippi also issued additional social distancing guidelines in Executive Order No. 1507 for thirteen counties Claiborne, Desoto, Grenada, Harrison, Hinds, Jackson, Jefferson, Madison, Quitman, Rankin, Sunflower, Washington, and Wayne, which require businesses to scan employees at the start of their shifts, provide appropriate PPE and hand sanitizer, and mandate public facing employees to wear face coverings. Social gatherings in these counties shall be limited to 10 people indoors and 20 people outdoors, and face coverings must be worn at all indoor gatherings.

On August 4, Mississippi issued Executive Order 1516, which requires individuals to wear face coverings when out in in public (see below for further detail). This order runs through August 17, 2020.

Definition of Essential Infrastructure/Business Mississippi has issued a Shelter-in-place order no.1466 for the entire state of Mississippi which was extended with order no. 1473. Mississippi previously issued Order no 1463, which defined essential businesses to be consistent with the CISA sectors as amended. The two orders support one another and should be read in conjunction.

Transportation Mississippi incorporates the CISA 3.0 definition of essential businesses, including its definition of essential transportation operations. Support operations for such businesses are also included. Mississippi also has listed other essential transportation as travel for essential business or operations in Section II(h) of Order No. 1466. In accordance with Executive Order No. 1477 all transportation businesses may resume operations on April 27 so long as they follow the general business reopening guidelines listed above.

Manufacturing Mississippi incorporates the CISA 3.0 definition, of essential businesses, including its definition of essential manufacturing operations. Support operations for such businesses are also included. Mississippi also has listed other critical manufacturing which is defined as essential in Section 3(c) (bulletin no. 4) of the order no 1463. In

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 79

accordance with Executive Order No. 1477 all manufacturing businesses may resume operations April 27 so long as they follow the general business reopening guidelines listed above.

Construction Mississippi incorporates the CISA 3.0 definition of essential businesses, including its definition of essential construction services. Support operations for such businesses are also included. Mississippi also lists other construction which is defined as essential, including roadway construction in Section 3(c) (bullet no. 13) in the executive order no. 1463. In accordance with Executive Order No. 1477 all construction businesses may resume operations April 27 so long as they follow the general business reopening guidelines listed above.

Retail Mississippi incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). Support operations for such businesses are also included.

In accordance with Executive Order No. 1477 all retail businesses may resume operations April 27 so long as they follow the general business reopening guidelines listed above as well as the following additional guidelines: (i) limiting the number of customers in stores at one time to no greater than 50% of store capacity, frequent cleaning of high-contact surfaces, and are encouraged to make hand sanitizer available to their customers upon entry to their stores.

Hotel/Restaurant Mississippi incorporates the CISA 3.0 definition, of essential businesses, including its definition of essential food and agricultural services (including restaurant carry-out and fast food). Support operations for such businesses are also included. Hotels are not specifically mentioned.

In accordance with Executive Order No. 1477 hotels may resume operations April 27 so long as they follow the general business reopening guidelines listed above as well as their areas of public accommodations (such as gyms, pools, etc.) remain closed. Beginning May 7, 2020 restaurants and bars may resume in-house (indoor and outdoor dining) subject to extensive limitations laid out in Executive Order. No 1478.

Beginning June 15 restaurants that do not serve alcohol may offer in-house dining to the public 14-hours a day. Beginning June 1, 2020, bars that do not serve food may reopen at 50% capacity.

As of July 24, under Executive Order 1511, bars are limited to serving alcohol to seated patrons only, limiting bar capacity to 50%, and limiting the size of parties seared at a table to six people. Restaurants and bars are also forbidden from serving alcohol between 11:00 p.m. and 7:00 a.m. This order will remain in effect until September 14 at 8:00 a.m.

Face Mask Requirements?

Executive Order 1516 requires all persons, other than those under the age of 6, to wear face masks in indoor public spaces and in outdoor public spaces where six feet of distancing cannot be achieved, with certain exceptions, including for those with medical conditions, while eating and drinking, while participating in fitness activities and athletic practices, and situations where a face covering impedes the ability to render or receive a service. This order is effective through September 14, 2020.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 80

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 81

Missouri Source of Information https://governor.mo.gov/press-releases/archive/governor-parson-announces-missouri-will-fully-reopen-enterphase-2-recovery https://governor.mo.gov/show-me-strong-recovery-plan-guidance-and-frequently-asked-questions Dates Stay at Home Order in Effect N/A Orders / Plans for Restart All businesses in Missouri were permitted to resume operations on May 4, subject to social distancing and safety measures outlined in Phase 1 of the “Show Me Strong Recovery Plan.� On June 16, 2020, Governor Michael Parson implemented Phase 2 of the Recovery Plan, under which no statewide health orders or requirements are in effect. Businesses are permitted to reopen in full with no restrictions, though businesses and residents are still encouraged to exercise best practices regarding social distancing, hygiene, and using masks or personal protective equipment (PPE) to prevent the spread of COVID-19. Local officials are still permitted to put further measures or regulations in place.

Definition of Essential Infrastructure/Business All businesses are permitted to resume full operations, and encouraged to implement best practices regarding social distancing, hygiene, and using masks or personal protective equipment (PPE).

Transportation All transportation businesses are permitted to resume full operations subject to local restrictions. All businesses are encouraged to implement best practices regarding social distancing, hygiene, and using masks or personal protective equipment (PPE).

On June 11, 2020, Governor Parson extended his Executive Order No 20-04, which now suspends requirements related to hours of service of motor carriers and drivers of commercial motor vehicles until December 30, 2020, in order to allow for immediate transportation of essential supplies, equipment, and persons.

Manufacturing All manufacturing businesses are permitted to resume full operations subject to local restrictions. All businesses are encouraged to implement best practices regarding social distancing, hygiene, and using masks or personal protective equipment (PPE).

Construction All construction businesses are permitted to resume full operations subject to local restrictions. All businesses are encouraged to implement best practices regarding social distancing, hygiene, and using masks or personal protective equipment (PPE).

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 82

Retail All retail businesses may reopen subject to local restrictions. All businesses are encouraged to implement best practices regarding social distancing, hygiene, and using masks or personal protective equipment (PPE).

Hotel/Restaurant All hotels, bars, and restaurants may reopen subject to local restrictions. Businesses are encouraged to implement best practices regarding social distancing, hygiene, and using masks or personal protective equipment (PPE).

Face Mask Requirements?

Missouri has not issued an order requiring residents or businesses to utilize face masks.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 83

Montana Source of Information https://covid19.mt.gov/Portals/223/Documents/Stay%20at%20Home%20Directive.pdf?ver=2020-03-26-173332177 https://dphhs.mt.gov/Portals/85/Documents/Coronavirus/ExtensionofDirectives.pdf https://covid19.mt.gov/Portals/223/Documents/04-22-20%20Directive%20and%20Appx%20%20Reopening%20Phase%20One.pdf?ver=2020-04-22-124954-977 http://governor.mt.gov/Pressroom https://covid19.mt.gov/Portals/223/Documents/Mask%20Directive%20FINAL.pdf?ver=2020-07-15-140109-633 Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 22, 2020, Montana issued a plan to begin phased reopening, allowing certain businesses which can maintain social distancing, places of worship, individuals, and schools to reopen with certain restrictions (including daily health assessments for all employees at the beginning of each shift) and the observation of social distancing guidelines. Senior living facilities and places of assembly, such as movie theaters, concert halls, bowling alleys, gyms, etc., are to remain closed.

Definition of Essential Infrastructure/Business Montana issued a stay at home warning on March 26 mandating that all individuals remain at home unless performing essential activities or to operate essential business and operations.

Essential businesses and operations include the 16 critical infrastructure sectors outlined by CISA, in addition to the following: infrastructure operations; manufacturing facilities (including companies that produce products used by any other Essential Business or Operation); construction and construction-related services; essential services or product providers; other state-designated essential businesses and operations; and support operations for essential businesses and operations.

The Montana order specifically references the CISA 1.0 guidance from March 19, 2020. It is not clear whether Montana will follow any subsequent updates to the CISA sectors.

In accordance with the Governor’s Reopening Directive, all businesses except for senior living facilities and places of assembly, such as movie theaters, concert halls, bowling alleys, gyms, etc., may reopen starting April 27 so long as they follow the general business reopening guidelines. Those guidelines include the followings:(a) health assessments conduction for all employees at the beginning of each shift; (b) non-household customers should remain 6 feet physically distanced; and (c) waiting areas must maintain physical distancing, and customers should be encouraged to call for reservations or appointments. Businesses that cannot meet these distancing guidelines must remain closed.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 84

On May 11, the Governor announced additional guidelines for the opening of gyms and fitness studios, movie theaters, and museums (excepting those that are tactile), which may open May 15 so long as they follow the strict guidelines limiting capacity to 50%, requiring social distancing, and imposing thorough sanitation requirements.

On May 19, the Governor announced that Montana will move to Phase Two of his reopening directive beginning June 1. Under individuals are to avoid gatherings in groups of more than 50 people in circumstances that do not readily allow for appropriate physical distancing. Gyms, indoor group fitness classes, pool, and hot tubs can operate at 75% capacity and only if they can adhere to strict physical distancing and they exercise frequent sanitation protocols. Concert halls, bowling alleys, and other places of assembly may operate with reduced capacity and if they adhere to strict physical distancing guidelines.

All businesses are required to follow the social distancing and sanitation guidelines established in Phase One, and Montanans are strongly encouraged to continue sanitation practices, including hand washing and wearing masks in public places like grocery stores.

Transportation Montana incorporates the CISA 1.0 definition of essential businesses, including its definition of essential transportation operations. Support operations for such businesses are also included. It is not clear whether Montana will follow any subsequent updates to the CISA sectors.

Montana lists other transportation as essential in Section I(11)(o). Montana also has listed essential travel as any travel related to essential activities, essential businesses and operations, or minimum basic operations in Section I(14) of the March 26, 2020 order.

In accordance with the Governor’s Reopening Directive, all transportation may reopen on April 27 so long as they follow the general business reopening guidelines listed above.

Manufacturing Montana incorporates the CISA 1.0 definition of essential businesses, including its definition of essential manufacturing operations. Support operations for such businesses also are included. It is not clear whether Montana will follow any subsequent updates to the CISA sectors.

Montana also lists other manufacturing defined as essential in Section I(11)(s) of the March 26, 2020 order.

In accordance with the Governor’s Reopening Directive, all manufacturing may reopen on April 27 so long as they follow the general business reopening guidelines listed above.

Construction Montana incorporates the CISA 1.0 definition of essential businesses, including its definition of essential construction services. Support operations for such businesses are also included. It is not clear whether Montana will follow any subsequent updates to the CISA sectors.

Montana also lists building and construction tradesmen as essential in Sections I(11)(h) and construction broadly as essential infrastructure in Section I(8) of the March 26, 2020 order.

In accordance with the Governor’s Reopening Directive, all construction may reopen on April 27 so long as they follow the general business reopening guidelines listed above.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 85

Retail Montana incorporates the CISA 1.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). Support operations for such businesses are also included. It is not clear whether Montana will follow any subsequent updates to the CISA sectors.

Montana also lists other retail defined as essential in Sections I(11)(a) and (b) of the March 26, 2020 order.

In accordance with the Governor’s Reopening Directive, retail businesses will be allowed to reopen on April 27 so long as they follow the general business reopening guidelines listed above. However, senior living facilities and places of assembly, such as movie theaters, concert halls, bowling alleys, gyms, etc., are to remain closed.

Hotel/Restaurant Montana incorporates the CISA 1.0 definition of essential businesses, including its definition of essential food and agricultural services (including restaurant carry-out and fast food). Support operations for such businesses are also included. It is not clear whether Montana will follow any subsequent updates to the CISA sectors.

Montana also includes restaurants and bars as essential in Section I(11)(l) of the March 26, 2020 order, though dine-in is prohibited. Hotels also are deemed essential under Section I(11)(u) of the March 26, 2020 order.

In accordance with the Governor’s Reopening Directive, restaurants and bars will be allowed to reopen inrestaurant dining on May 4 so long as they follow the general business reopening guidelines listed above. As of June 1, restaurants, bars, breweries, distilleries and casinos remains in the same operations as the prior directive and may increase to 75% capacity.

Face Mask Requirements?

On July 15, Montana issued a directive requiring face coverings in all counties experiencing four or more active cases of COVID in public indoor spaces and organized outdoor activities with 50 or more people where social distancing cannot be maintained.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 86

Nebraska Source of Information https://www.dropbox.com/s/bsro5om6vs0rmtz/DHM%203.30.2020.pdf?dl=0 https://www.dropbox.com/s/mkgl9ho03rjhnsc/2020%2021%20Days%20to%20Stay%20Home%20and%20Stay%2 0Health%20.pdf?dl=0 http://dhhs.ne.gov/Documents/COVID-19-DHM-STATEWIDE.pdf http://dhhs.ne.gov/Pages/COVID-19-Directed-Health-Measures.aspx Dates Stay at Home Order in Effect N/A Orders / Plans for Restart The Nebraska Governor issued a statewide plan to ease restrictions beginning May 4. His order opens places of worship statewide beginning May 4, with social distancing requirements. Bars, gentlemen’s clubs, bottle clubs, indoor movie theaters, and indoor theaters/playhouses will remain closed statewide until May 31.

As of September 14, 2020 August 1, 2020, Blaine, Custer, Garfield, Greeley, Howard, Loup, Sherman, Valley, Wheeler, Antelope, Boyd, Brown, Cherry, Holt, Keya Paha, Knox, Pierce, Rock, Chase, Dundy, Frontier, Furnas, Hayes, Hitchcock, Keith, Perkins and Red Willow all counties are in Phase IV or reopening. Under Phase IV • Indoor Gatherings will be limited to 75% of rated occupancy.

• Outdoor Gatherings may resume 100% of rated occupancy.

• Plans for reopening or expanding to new capacity limits must be submitted to the local health departments and approved for all indoor and outdoor locations/venues that hold 500 or more individuals (1,000 or more in counties over 500,000 population) before reopening is permitted. The reopening plan must contain planned number of guests, how the location will meet social distancing guidelines, and sanitation guidelines.

For churches, gyms, salons, barber shops, health clubs, health spas, childcare facilities, weddings, funerals, and bars and restaurant, the restrictions are removed, but the guidance will remain and Nebraska recommends these businesses continue to use the guidance.

All other counties are in Phase III of reopening until September 13. Under Phase III • Indoor gatherings are limited to the greater of 50% of rated occupancy (not to exceed 0,000).

• Outdoor gatherings are limited to 75% of the rated occupancy (not to exceed 10,000).

• Bars and restaurants may open at 100% of the rated occupancy with a maximum of six eight persons per table. Self-serve buffets and salad bars are prohibited.

• Gyms may open at 75% of rated occupancy.

• Salons, barber shops, massage therapy services, and tattoo parlors may open at 75% of rated occupancy. Both workers and patrons are still required in the DHM to wear masks at all times.

• Wedding and funeral reception venues may open provided groups are divided into no more than 8 persons. Self-serve buffets and salad bars are prohibited at these events. No Limited dances or other social events that require guests to gather outside of their respective tables are permitted.

Team sports, for both youth and adults, may resume practices and games on July 1.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 87

Definition of Essential Infrastructure/Business Nebraska has yet to issue an order regarding essential services or essential businesses.

Nebraska has issued nine directed health measures, the first on March 18th, which limit public gatherings at places of public accommodation (including churches) to 10 people, encourages 6 feet of social distancing, requires the closing of schools, requires restaurants and bars to close their dining areas, and requires those exposed to COVID-19 or those with a fever to self-quarantine for 14 days. The health measures do not limit grocery stores, child care centers, or places of business such as office buildings, manufacturing facilities, packing facilities, construction jobs, and other traditional office settings.

Transportation No limitation on transportation at this time other than to encourage social distancing.

Executive Order No. 20-21 allows for continued suspension of the US Department of Transportation Federal Motor Carrier Safety Administration regulations including (i) length and weight hauling requirements and (ii) hours of service requirements, through the end of the COVID-19 State of emergency.

Manufacturing No limitation on manufacturing at this time other than to encourage social distancing.

Construction No limitation on construction at this time other than to encourage social distancing.

Retail No limitation on retail at this time other than to encourage social distancing. Retail locations such as shopping malls and grocery stores are specifically not considered public gatherings and may continue to operate so long as they encourage patrons to maintain 6 feet of distance.

Hotel/Restaurant Nebraska supports the continued operation of bars and restaurants. Nebraska does require that they limit operations to delivery or carry out and encourages maintaining 6 feet distance, but does not apply the social distancing requirement to their workers. Onsite consumption at restaurants and bars is prohibited, but this does not apply to food service in health care facilities.

The Nebraska order is silent as relates to hotels.

Face Mask Requirements?

Workers and patrons of beauty/nail salons, barbershops, massage therapy services, and tattoo parlors/studios permitted to open are required to wear masks.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 88

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 89

Nevada Source of Information https://nvhealthresponse.nv.gov/wp-content/uploads/2020/05/Directive-021-Phase-Two-Reopening-Plan.pdf https://nvhealthresponse.nv.gov/wp-content/uploads/2020/05/Phase-2-General-Guidance.pdf https://nvhealthresponse.nv.gov/wp-content/uploads/2020/05/Phase-2-Industry-Specific-Guidance-Revised.pdf https://nvhealthresponse.nv.gov/wp-content/uploads/2020/06/6.29-Phase-2-extension.pdf https://nvhealthresponse.nv.gov/wp-content/uploads/2020/06/Directive-024-Face-Coverings.pdf https://nvhealthresponse.nv.gov/wp-content/uploads/2020/06/Declaration-of-Emergency-Directive-026-re-Phase2-Extension.6-29-20-1.pdf http://gov.nv.gov/News/Emergency_Orders/2020/2020-07-10_-_COVID19_Declaration_of_Emergency_Directive_027_(Attachments)/ https://nvhealthresponse.nv.gov/wp-content/uploads/2020/07/7.10-release.pdf https://nvhealthresponse.nv.gov/wp-content/uploads/2020/08/Emergency-Directive-029.pdf https://nvhealthresponse.nv.gov/wp-content/uploads/2020/08/Road-to-Recovery-Making-a-New-Normal-Plan-andPress-Release.pdf https://nvhealthresponse.nv.gov/wp-content/uploads/2020/08/2020-08-14.Declaration-of-Emergency-Directive030.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 21, 2020, Nevada announced a plan it will use as it begins to withdraw restrictions and reopen.

The reopening will take place in phases, similar to the plan proposed by the White House.

Nevada announced on May 7 that certain businesses will be able to reopen with restrictions beginning on May 9 under Phase 1 of Nevada’s easing of restrictions on economic activity. These businesses include restaurants, pubs, wineries, bars & brewers, barber shops, hair salons & nail salons, retail businesses, and cannabis establishments. The foregoing businesses will still be required to have employees wear face masks while interacting with the public, as well as adhere to social distancing and sanitation measures. Such businesses are also encouraged to set aside special hours of operation for the elderly and other vulnerable customers, encourage social distancing within their establishments, and provide sanitizing products to customers.

On May 26, Nevada announced that it is ready to move into Phase 2 of the Nevada United: Roadmap to Recovery reopening plan beginning on May 29. Phase 2 increases public and private gatherings form no more than 10 people to no more than 50 people, while continuing to follow social distancing protocols. Businesses cleared to open in Phase 2 include gyms and fitness clubs, movie theaters, bowling alleys, restaurant bar areas, taverns that do not serve food, indoor malls, museums, art galleries, pools, and water parks—but all must operate

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 90

at 50% capacity with proper social distancing. Religious gatherings will now be allowed but are also capped at 50 attendees under social distancing protocols. Phase 2 will remain in effect through June 30, 2020. Nevada issued industry-specific guidance for new businesses allowed to reopen during Phase 2.

On June 15, Nevada Gov. Sisolak announced that Nevada is not yet ready to enter into “Phase 3” of business reopenings. On June 29, Gov. Sisolak extended Phase 2 through July 31 to account for dramatic increase in new COVID-19 cases throughout Nevada. If trends do not improve by the end of July, Nevada may revive previous restrictions on non-essential businesses.

On July 10, Nevada issued a new mandate requiring that all bars, pubs, taverns, distilleries, breweries, and wineries that do not serve food in certain Nevada counties must close effective July 10. Counties that meet at least two of the three criteria measures outlined in the mandate must abide by the new restrictions that went into effect on July 10. As of July 14, the current counties that must abide by the new restrictions include: Clark, Elko, Humboldt, Lander, Lyon, Nye, and Washoe Counties.

On July 31, Gov. Sisolak issued a directive reaffirming the Nevada Unite: Roadmap to Restart plan, extending its duration indefinitely to coincide with the state of emergency. Subsequently, on August 3, Gov. Sisolak issued a press release regarding a long-term response plan to COVID-19, which plans for the possibility that Nevada will be in a response mode to COVID-19 for the foreseeable future. The new approach introduces a “task force” and will take into account certain criteria in counties across Nevada, including hospital capacity, access to PPE, testing capacity, contact tracing, vulnerable populations, and enforcement in the County. The governor and the task force will review the criteria to determine which counties are experiencing a decrease or increase in COVID19 risks. Counties must meet criteria for two or more consecutive weeks for their mitigation levels to be changed.

The targeted measures laid out in the task force’s plan include using more enforcement, smaller gathering sizes, and a decrease in the fire code capacity to slow the spread. On August 18, Governor Steve Sisolak signed Directive 030 today formally adopting the Road to Recovery: Moving to A New Normal plan and formally creating the COVID19 Mitigation and Management Task Force, and gives them the authority to work with local governments and take action on county-specific plans to mitigate the spread of COVID-19.

Nevada is part of the Western States Pact between California, Nevada, Colorado, Washington and Oregon to work together and share best practices on how to mitigate spread and responsibly reopen the economy.

Definition of Essential Infrastructure/Business This no longer applies based on the current Phase 2 status of the Nevada United: Roadmap to Recovery reopening plan that began on May 29.

Transportation This no longer applies based on the current Phase 2 status of the Nevada United: Roadmap to Recovery reopening plan that began on May 29.

Manufacturing This no longer applies based on the current Phase 2 status of the Nevada United: Roadmap to Recovery reopening plan that began on May 29.

Construction This no longer applies based on the current Phase 2 status of the Nevada United: Roadmap to Recovery reopening plan that began on May 29.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 91

Retail This no longer applies based on the current Phase 2 status of the Nevada United: Roadmap to Recovery reopening plan that began on May 29.

Hotel/Restaurant This no longer applies based on the current Phase 2 status of the Nevada United: Roadmap to Recovery reopening plan that began on May 29.

Face Mask Requirements?

Under Nevada’s June 24, emergency directive, anyone in any public space throughout the State, including visitors, will need to wear a mask. This includes using public transportation, public facing work environments, when patronizing businesses, or interacting with others in any generally publicly accessible space. The June 24 face mask directive will remain in place indefinitely.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 92

New Hampshire Source of Information https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-40.pdf https://www.governor.nh.gov/news-media/emergency-orders/documents/emergency-order-42.pdf https://www.governor.nh.gov/sites/g/files/ehbemt336/files/files/inline-documents/emergency-order-52.pdf https://www.governor.nh.gov/sites/g/files/ehbemt336/files/files/inline-documents/emergency-order-52-a.pdf https://www.governor.nh.gov/sites/g/files/ehbemt336/files/files/inline-documents/emergency-order-52-b_0.pdf https://www.covidguidance.nh.gov/business-guidance https://www.governor.nh.gov/sites/g/files/ehbemt336/files/2020-07/emergency-order-61.pdf https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-63.pdf https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-65.pdf https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-66.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On June 15, 2020, New Hampshire issued Executive Order 52, which terminates Executive Order 40, also known as Stay at Home 2.0, as well as several other executive orders. Exhibits A and B of Executive Order 52 respectively provides new universal guidelines and industry specific guidelines for all New Hampshire employers that were deemed essential businesses or have since been permitted to reopen through various Executive Orders.

On July 31, 2020, New Hampshire issued Executive Order 61, which extends Executive Order 52 until September 1, 2020. On September 1, 2020, New Hampshire issued Executive Order 66, which extends Executive Order 52 until October 1, 2020.

On August 13, 2020, New Hampshire issued Executive Order 65, which authorizes assessments of civil penalties against businesses and organizations that violate emergency orders. Under this order, violations of emergency orders are subject to various penalties under RSA 21-P:47, injunctive action by the courts, as well as civil penalties of up to $1,000 for each violation or day that a violation continues (but not more than $2,000 per day).

It also gives the Division of Public Health authority to close events.

Definition of Essential Infrastructure/Business For the most current and detailed definition of essential business, refer to Executive Order 40, which includes all state modifications to CISA 1.0. Businesses permitted to reopen are listed in Exhibit D of the order.

Executive Order 40 was terminated by Executive Order 52 on June 15, 2020. However, Exhibit D of Executive Order 40 still provides the most current definition of essential businesses and businesses that are permitted to operate under the new guidelines established by Executive Order 52.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 93

Transportation For the most current and detailed definition of essential business, refer to Executive Order 40, which includes all state modifications to CISA 1.0. Businesses permitted to reopen are listed in Exhibit D of the order.

Executive Order 40, was terminated by Executive Order 52 on June 15, 2020. However, Exhibit D of Executive Order 40 still provides the most current definition of essential businesses and businesses that are permitted to operate under the new guidelines established by Executive Order 52.

Manufacturing All manufacturing businesses were permitted to reopen on May 1, 2020, if they meet the universal and specific manufacturing reopening guidelines. For social distancing, safety and health requirements for operating through August 1, 2020, see Exhibits A and B to Executive Order 52.

Construction New Hampshire has specifically stated construction, operation, inspection and maintenance of construction sites and projects qualify as essential. Under the modified order, all construction businesses which are defined as essential may continue to operate once they meet the universal reopening guidelines. For social distancing, safety and health requirements for operating through August 1, 2020, see Exhibits A and B to Executive Order 52.

Retail All retail businesses were permitted to reopen on May 11, 2020, only if they meet the universal and specific retail reopening guidelines. For social distancing, safety and health requirements for operating through August 1, 2020, see Exhibits A and B to Executive Order 52.

Hotel/Restaurant For the most current and detailed definition of essential business, refer to Executive Order 40, which includes all state modifications to CISA 1.0. Businesses permitted to reopen are listed in Exhibit D of the order.

Executive Order 40 was terminated by Executive Order 52 on June 15, 2020. However, Exhibit D of Executive Order 40 still provides the most current definition of essential businesses and businesses that are permitted to operate under the new guidelines established by Executive Order 52.

All restaurant businesses were permitted to reopen outdoor dining on May 18, 2020, if they can meet the universal and specific restaurant reopening guidelines. For social distancing, safety and health requirements for operating through August 1, 2020, see Exhibits A and B to Executive Order 52.

Face Mask Requirements?

Pursuant to Exhibit B of Executive Order 40, while at work and in public employees must wear a cloth face covering to help protect against the spread of the virus.

On August 11, 2020, New Hampshire issued Executive Order 63, which requires individuals to wear a cloth face covering for certain gatherings of 100 or more individuals, including: social, spiritual and recreational activities.

This requirement does not apply when gathering attendees are seated at least 6 feet apart. At these gatherings, attendees must wear the face coverings while entering and existing the gathering and moving between tables.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 94

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 95

New Jersey Source of Information https://nj.gov/infobank/eo/056murphy/pdf/EO-107.pdf https://www.state.nj.us/infobank/eo/056murphy/approved/eo_archive.html http://d31hzlhk6di2h5.cloudfront.net/20200427/db/2d/77/6c/2a8a498ff2edda855c3f456d/The_Road_Back__Restoring_Economic_Health_Through_Public_Health.pdf https://www.state.nj.us/infobank/eo/056murphy/pdf/EO-131.pdf https://www.state.nj.us/governor/news/ao/docs/AO2020-10.pdf https://www.state.nj.us/governor/news/ao/docs/AO2020-11.pdf https://nj.gov/infobank/eo/056murphy/pdf/EO-142.pdf https://www.state.nj.us/governor/news/ao/docs/AO2020-13.pdf https://www.state.nj.us/infobank/eo/056murphy/pdf/EO-150.pdf https://www.state.nj.us/infobank/eo/056murphy/pdf/EO-154.pdf https://nj.gov/infobank/eo/056murphy/pdf/EO-157.pdf https://nj.gov/infobank/eo/056murphy/pdf/EO-158.pdf https://nj.gov/infobank/eo/056murphy/pdf/EO-163.pdf https://nj.gov/infobank/eo/056murphy/pdf/EO-165.pdf https://nj.gov/infobank/eo/056murphy/pdf/EO-181.pdf https://nj.gov/infobank/eo/056murphy/pdf/EO-183.pdf https://nj.gov/governor/news/ao/docs/AO2020-21.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On May 12, 2020, New Jersey issued Executive Order 142, which permits non-essential construction and curbside pickup at non-essential retail businesses on May 18, 2020.

On June 9, 2020, New Jersey lifted the “Stay-at-Home” order, but the state of emergency remains in effect.

On June 24, 2020, New Jersey announced a joint incoming travel advisory that requires all travelers entering the state from a state with a positive test rate of 10% or higher over a seven-day rolling average to self-

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 96

quarantine for a period of 14 days. The specific criteria and protocols will be coordinated with New York and Connecticut in order to ensure those in the tristate area are protected from community spread of COVID-19.

On August 3, 2020, New Jersey issued Executive Order 173, which provides that the number of individuals at indoor gatherings that are not religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services (“Partially Exempt Categories�) shall be limited to 25% of the capacity of the room in which it takes place, but regardless of the capacity of the room, such limit shall never be larger than 25 persons or smaller than 10 persons. Whereas, the number of individuals at indoor gatherings for Partially Exempt Categories shall be limited to 25% of the capacity of the room, but regardless of the capacity of the room, such limit shall never be larger than 100 persons or smaller than 10 persons.

On September 1, 2020, New Jersey issued Executive Order 183, which modifies the gathering limits and requirements set forth in Executive Order 173 in various ways.

New Jersey joined a partnership of northeast states to develop a regional strategy to reopen the economy.

This partnership includes: Massachusetts, New York, New Jersey, Connecticut, Rhode Island, Pennsylvania, and Delaware.

Definition of Essential Infrastructure/Business Essential businesses are modeled after the 16 critical infrastructure sectors outlined by CISA, albeit without direct reference to these guidelines. New Jersey classifies the following services as essential, among others: grocery stores, pharmacies, gas stations, hardware stores, financial institutions, car repair dealerships, office supply shops, etc. However, New Jersey has also permitted various non-essential businesses to reopen as part of its reopening plan.

Transportation New Jersey has not explicitly adopted the CISA list of critical infrastructure sectors and has provided little guidance regarding what services or businesses may continue to operate to support the transportation sector.

However, state public transportation may continue to operate but social distancing should be practiced to the fullest extent possible.

On July 13, 2020, New Jersey issued Executive Order 165, which allows NJ TRANSIT and private carriers of various types to operate trains, buses and light rail transportation at full capacity, as opposed to 50% seating capacity, subject to various health, safety and social distancing guidelines. Guidelines for both NJ TRANSIT and private carriers include, among others: (1) contactless pay options, (2) face coverings requirements for employees and patrons, (3) infection control practices, (4) use of physical barriers, and (5) signage posting. The order takes effect on July 15, 2020.

Manufacturing New Jersey has not explicitly adopted the CISA list of critical infrastructure sectors, but does classify manufacturing operations as essential. However, on April 8, 2020, New Jersey entered an additional executive order further restricting manufacturing businesses, requiring stringent social distancing policies and cleaning and disinfecting polices.

Construction Pursuant to Executive Order 142, non-essential construction was permitted to resume on May 18, 2020.

All construction projects must abide by social distancing, safety and sanitization requirements described in the order.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 97

Retail Pursuant to Executive Order 142, non-essential retail businesses may operate via curbside pickup of goods starting May 18, 2020. Businesses who offer curbside pickup must abide by the requirements of the order which include, among others: •

In-store operations should be limited to those employees who are responsible for the operations required for curbside pickup

•

Customer transactions should be handled in advance by phone, email, facsimile or other means that avoid person-to person contact

•

Customers shall notify the retailer by text message, email or phone once they arrive, or make best efforts to schedule their arrival time in advance. The customer should remain in their vehicle, if arriving by car, until store staff delivers the purchase;

•

Designated employees should bring goods outside of the retail establishment and place goods directly in a customer’s vehicle when possible, avoiding person-to-person contact.

Pursuant to Administrative Order 2020-13, car, motorcycle and boat dealerships classified as essential businesses and are permitted to reopen subject to specific health and safety guidelines, including but not limited to: (1) must limit occupancy to 50% of maximum store capacity and schedule all customer visits by appointment, (2) install physical barriers between customers and salespersons when feasible, (3) arrange for contactless pay options, and (4) permit customers to test drive the vehicle only if the customer is alone or social distancing can be maintained if the vehicle is a boat.

On June 4, 2020, New Jersey issued Executive Order 150 which permits all non-essential retail businesses to reopen to the public on June 15, 2020, provided the businesses can comply with various health, safety and social distancing guidelines set forth in the order.

On June 13, 2020, New Jersey issued Executive Order 154 which permits many personal cares services, such as salons, barber shops, nails salons, medical spas, etc. to reopen on June 22, 2020, subject to specific industry health and safety guidelines set forth in the order.

On June 24, 2020, New Jersey issued Executive Order 157, which permits all retail stores to reopen, subject to various social distancing, health and safety guidelines, as well as a 50% of maximum occupancy limitation for all customers. Further, all personal care service facilities may open, and services that require clients to remove their face coverings may begin on July 2, 2020, provided these operation adhere to various social distancing, health and safety guidelines.

On August 27, 2020, New Jersey issued Executive Oder 181, which permits health clubs, gyms, amusement and water parks to reopen on September 1, 2020, subject to various social distancing, health and safety guidelines set forth in the order. This includes limiting occupancy of any indoor premises to 25% capacity and face mask requirements in most circumstances. Executive Order 181 replaces paragraphs 8 and 10 of Executive order 157 to the extent they provisions are inconsistent with the new order.

Hotel/Restaurant New Jersey has not explicitly adopted the CISA definition of essential businesses. However, New Jersey has specifically stated commercial retail stores that supply essential sectors are considered essential, which include businesses related to food and agriculture. However, on March 9, 2020, New Jersey entered an administrative order 2020-8 which permits local government to impose additional restrictions on hotels, motels and guest houses in terms of accepting new transient guests.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 98

On June 4, 2020, New Jersey issued Executive Order 150 which permits all dining establishments and bars to offer in-person service at outdoor areas beginning June 15, 2020, provided the businesses can comply with various health, safety and social distancing guidelines set forth in the order.

On June 26, 2020, New Jersey issued Executive Order 157, which permits dining establishments to offer in person service in outdoor areas immediately, as well as in person indoor service beginning July 2, 2020. However, on June 29, 2020, New Jersey issued Executive Order 158, which rescinded paragraph 5 of Executive Order 157.

Therefore, dining establishment may not begin offering in person dining services on July 2, 2020, as previously indicated by Executive order 157. Further, any retail, recreational, and entertainment business that is authorized to open its indoor premises may only do so where it prohibits the consumption of food or beverages and smoking in those indoor premises. This is due to the spike in cases several states have seen in recent weeks after permitting in person indoor dining to resume.

On September 1, 2020, New Jersey issued Executive Order 183, which permits restaurants to resume indoor dining as of September 4, 2020, as well as movie theaters, performing arts centers and other concert venues to permit indoor activities, subject to numerous health, safety and social distancing guidelines set forth in the order.

This includes limiting the number of patrons to 25% capacity and the use of masks is required at most times. Further, as of September 4, 2020, any retail, recreational, and entertainment business that is authorized to open its indoor premises may allow consumption of food and beverage indoors.

On September 5, 2020, New Jersey issued Administrative Order 21, which provides that health club facilities located in hotels, condominiums, cooperatives and offices may open their indoor premises, but those that are open to the public, and not only to guests, residents, and employees, must confirm to the provisions of Paragraph 1 of Executive Order No. 181 and associated guidance issued by the New Jersey Department of Health.

Face Mask Requirements?

On April 8, 2020, New Jersey issued Executive Order 122, which requires all workers and customers at essential retail businesses that continue to operate to wear cloth face masks, as well as comply with other health/safety and social distancing guidelines. Further, this order requires all workers and visitors in the manufacturing, warehousing, and construction industries that continue to operate to wear cloth face masks and comply with other health/safety and social distancing guidelines.

On April 13, 2020, New Jersey issued Executive Order 125, which requires all workers and customers of the New Jersey Transit to wear cloth face coverings while on trains, buses and light rail vehicles, except where doing so would inhibit the individual’s health, or the individual is under two years of age. This order also applies to private carriers who have continued to operate, as well as to all workers and customers in all restaurants, cafeterias and dining establishments that continue to provide food delivery and/or take-out services.

On July 8, 2020, New Jersey issued Executive Order 163, which requires individuals to where a mask in outdoor public spaces when it is not practicable to socially distance and keep six-feet apart, excluding immediate family members, household members and romantic partners. This requirement does not apply when wearing a face covering would inhibit the individual’s health, when the individual is under two years of age, or when the individual is engaging in high intensity aerobic activity, swimming or eating. All individuals shall continue to wear face coverings in indoor spaces that are accessible to members of the public, such as retail, entertainment businesses, government buildings, and mass transit, among others. For indoor commercial spaces that are not open to the public, such as office buildings, those spaces must have policies that at a minimum require individuals to wear face coverings when in prolonged proximity to others.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 99

New Mexico Source of Information https://cv.nmhealth.org/wp-content/uploads/2020/04/040620-DOH-PHO.pdf https://cv.nmhealth.org/wp-content/uploads/2020/03/SignedPHO03-24-2019.pdf https://www.newmexico.gov/2020/04/23/governor-appoints-economic-recovery-council/ https://cv.nmhealth.org/wp-content/uploads/2020/04/04_11_20_PHO_Amended.pdf https://www.governor.state.nm.us/2020/04/30/state-extends-modified-stay-home-order/ https://www.governor.state.nm.us/2020/05/04/gallup-emergency-order-extended/ https://www.governor.state.nm.us/wp-content/uploads/2020/05/Executive-Order-2020-026.pdf https://cv.nmhealth.org/wp-content/uploads/2020/04/DOH-PHO-4-29-essential-businesses-mass-gatheringsfv.pdf https://www.governor.state.nm.us/wp-content/uploads/2020/05/5-5-20_DOH_PHO.pdf https://cv.nmhealth.org/2020/05/15/stay-at-home-order-extended/ https://cv.nmhealth.org/wp-content/uploads/2020/05/5-15-2020-PHO.pdf https://cv.nmhealth.org/wp-content/uploads/2020/06/060120-PHO.pdf https://cv.nmhealth.org/wp-content/uploads/2020/06/GovernorsOffice@state.nm_.us_20200612_082914.pdf https://cv.nmhealth.org/wp-content/uploads/2020/07/063020-PHO-1.pdf https://cv.nmhealth.org/wp-content/uploads/2020/07/7.13.20-PHO-1.pdf https://www.lcsun-news.com/story/news/2020/07/20/covid-19-new-mexico-governor-indoor-dining-banblocked/5474718002/ https://cv.nmhealth.org/wp-content/uploads/2020/07/07.30.20-PHO.pdf https://cv.nmhealth.org/wp-content/uploads/2020/08/082820-PHO.pdf https://cv.nmhealth.org/wp-content/uploads/2020/09/090320-PHO.pdf Dates Stay at Home Order in Effect Effective 3/23/2020 - 7/15/2020 Orders / Plans for Restart On April 23, 2020, the Governor of New Mexico announced that a diverse group of business and labor leaders will formulate the New Mexico Economic Recovery Council that will advise the State on strategies for

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 100

gradually reopening of New Mexico businesses. The council’s recommendations must be grounded in science, data, and sound public health research. New Mexico will reopen in phases, similar to the White House plan. The preparation phase is now underway, but the stay-at-home order has not been relaxed at this time.

On April 30, 2020, New Mexico extended the stay-at home order until May 15, 2020, but relaxed several restrictions related to retail activities. However, due to heightened risk of transmission in the northwestern region of the state, McKinley County, San Juan County and Cibola counties remain subject to the original stay-at-home order issued on April 11, 2020. The moderate relaxation incorporated into the modified public health order effective May 1, 2020, does not apply in these counties.

On May 15, 2020, New Mexico again extended the stay-at-home order until May 31, 2020. The new order requires all individuals to wear a mask or face covering in public except when eating, drinking or exercising, and allows any business that is not identified as an essential business, a “close-contact” business, or a recreational facility, to open provided that the total number of persons visiting the business does not exceed 25% of its maximum occupancy. McKinley, San Juan and Cibola counties remain subject to the original stay-at-home order.

On June 1, 2020, New Mexico’s emergency public health order was again extended and amended to allow limited reopenings of the following businesses: restaurants may resume indoor seating at 50% of maximum occupancy; gyms may reopen at 50% occupancy among other restrictions; hair salons, barbershops, tattoo parlors, massage services and nail salons may operate at 25% of maximum occupancy; indoor malls may open at 25% of maximum occupancy; drive-in theaters are permitted to reopen; additional state parks will begin to reopen in phases; and hotels may operate at 50% of maximum occupancy. The provisions of the amended order apply statewide. McKinley, San Juan and Cibola counties will operate under the same guideline as the rest of the state.

On June 12, 2020, New Mexico’s emergency public health order was extended and amended to permit a limited reopening of breweries. Effective June 12, breweries may offer outdoor and patio seating at 50% of maximum occupancy as determined by fire code and no service may be provided in indoor seating areas; outdoor service may be provided only to patrons who are seated; tables must be placed at least 6 feet from one another; no more than six patrons may be seated at any single table; and no bar or counter seating is permitted. Effective June 15, breweries may resume indoor service at 50% occupancy as determined by fire code. Bar and counter seating will still be prohibited, and these businesses will be required to comply with COVID-safe practices for restaurants. This includes a requirement to offer customers the opportunity to record their names and phone numbers or email addresses, along with the date and time of their visit, and retain such records for at least four weeks.

On July 1, 2020, New Mexico’s emergency public health order was extended through July 15. The amended emergency public health order does not relax current restrictions and now requires retailers to ensure that customers are wearing face coverings in order to enter the premises.

On July 13, New Mexico announced a new emergency public health order re-enacting restrictions on highcontact indoor environments where face coverings are not worn. The new public health order prohibits indoor dining at restaurants, which had been permitted at a limited capacity since June 1. Also restricted is indoor seating at breweries, which had been permitted at a limited capacity since June 15. Both restaurants and breweries may operate outdoor seating at 50% of maximum occupancy as determined by fire code. Restaurants may continue to operate carry out, pickup and delivery services. Breweries may continue to operate curbside pickup services.

However, on July 20, 2020, a state court judge issued an injunction against the July 13 order, and allowed restaurants to continue to operate at the previous 50% cap. Additionally, gyms and other close contact businesses like tattoo shops and salons are now limited to 25% of maximum occupancy as determined by fire code. The public health order has also been amended to restrict out-of-state visitors at New Mexico state parks. Visitors to state parks must demonstrate proof of residency or they will not be permitted entry.

On July 30, New Mexico announced an extension of its emergency public health order to keep intact existing public health restrictions and guidelines. The new emergency public health order retains the prohibition on mass gatherings and keeps in place occupancy restrictions for indoor close-contact businesses such as restaurants and gyms.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 101

On August 27, New Mexico announced a revised emergency public health order effective August 29. The order is effective through September 18. The revised order incorporates the following adjustments: •

Houses of worship may operate at 40% of maximum occupancy of any enclosed building in accordance with COVID-Safe Practices.

•

Restaurants, breweries, wineries, distillers, cafes, coffee shops or other similar establishments may provide indoor dining service at 25% of maximum occupancy, in accordance with COVID-Safe Practices. Food and drink establishments may continue to provide physically-distant outdoor dining options, carryout and delivery services. Inside or outside tables must be space at least six feet apart with no more than six customers permitted at a single table.

•

Museums with static displays may operate at 25% capacity. Museums with interactive or immersive displays are categorized as “close-contact” facilities and must remain closed.

•

Mass gatherings of more than 10 individuals are prohibited.

Effective September 4, New Mexico’s public health order is amended to permit places of lodging that have been safe-certified to expand maximum occupancy to 75%. Previously the state’s emergency public health order required places of lodging to operate at a maximum of 50% occupancy.

Definition of Essential Infrastructure/Business On March 23, 2020, the New Mexico Department of Health issued an order closing all non-essential businesses. Although the order provides no direct reference to the CISA critical infrastructure sectors, the definition of essential businesses is modeled on the CISA guidelines.

On April 6, 2020 and April 11, 2020, the New Mexico Health Department issued supplemental orders which provide further guidance regarding social distancing and what qualifies as an essential business.

Transportation New Mexico has not explicitly adopted the CISA guidelines regarding critical infrastructure sectors.

However, New Mexico orders state that infrastructure operations including public transportation, airlines, taxis, private transportation, transportation network companies that manufacture transportation equipment, and construction related to transportation are deemed essential, among others.

Manufacturing New Mexico has not explicitly adopted the CISA guidelines regarding critical infrastructure sectors.

However, New Mexico orders state that manufacturing operations involving food processing, chemicals, pharmaceuticals, household products, primary metals, electrical equipment, appliances, and transportation equipment are deemed essential, among others.

Construction New Mexico has not explicitly adopted the CISA guidance regarding critical infrastructure sectors. However, New Mexico orders state that that construction related to public works, residential construction, transportation construction, and services necessary to maintain the safety and sanitation of essential businesses are deemed essential.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 102

Retail New Mexico has not explicitly adopted the CISA guidance on critical infrastructures. However, New Mexico orders state that services related to food and agriculture, and other retail businesses such as automobile repair facilities, hardware stores, laundromats, and financial institutions are deemed essential. Of note, New Mexico has mandated that all essential retail stores limit the maximum number of customers in the retail space at any time to 20% of maximum occupancy.

As of May 1, 2020, non-essential retailers may provide curbside pickup and delivery services if permitted by their business license. Federally licensed firearm retailers may open by appointment only as needed to conduct background checks and to allow individuals to take possession of firearms ordered online. Pet services, including adoption, grooming and daycare are permitted to operate.

Hotel/Restaurant New Mexico has not explicitly adopted the CISA guidance on critical infrastructures. However, New Mexico orders state that services related to food and agriculture, and specifically hotels and lodging, are deemed essential.

However, New Mexico has mandated that hotels and lodging facilities of all kinds shall not operate at more than 25% of maximum occupancy. There is an exception to the 25% rule for healthcare workers utilizing lodging for extended stays.

Restaurants are currently permitted to operate at 50% capacity for dine-in services, as well as delivery and carryout, due to a July 20 injunction (dine-in services had been banned by an executive order issued July 13).

Face Mask Requirements?

On May 6, 2020, the New Mexico Department of Health amended its order closing all non-essential businesses, to require essential businesses operating under the public health order to require all employees to wear face coverings.

On May 15, 2020, the New Mexico Department of Health amended its order to require all individuals to wear a mask or face covering in public except when eating, drinking or exercising.

On July 1, 2020, the New Mexico Department of Health amended its order to require retailers to ensure that all customers wear a mask or face covering to enter the premises except where that person is in possession of a written exemption from a healthcare provider.

On July 13, New Mexico’s mandate that all individuals must wear face coverings in public has been strengthened to require individuals to wear face coverings while exercising. This requirement includes those exercising at indoor gyms and fitness centers. Operators of those establishments must require customers to wear face coverings.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 103

New York Source of Information https://www.governor.ny.gov/executiveorders https://esd.ny.gov/guidance-executive-order-2026 https://www.governor.ny.gov/news/governor-cuomo-signs-new-york-state-pause-executive-order https://coronavirus.health.ny.gov/home https://www.governor.ny.gov/news/amid-ongoing-covid-19-pandemic-governor-cuomo-outlines-phased-plan-reopen-new-york-starting https://www.governor.ny.gov/news/amid-ongoing-covid-19-pandemic-governor-cuomo-outlines-additionalguidelines-phased-plan-re https://www.governor.ny.gov/news/amid-ongoing-covid-19-pandemic-governor-cuomo-outlines-additionalguidelines-when-regions-can https://www.governor.ny.gov/programs/new-york-forward https://www.governor.ny.gov/news/no-20231-continuing-temporary-suspension-and-modification-laws-relatingdisaster-emergency https://www.governor.ny.gov/news/no-20234-continuing-temporary-suspension-and-modification-laws-relatingdisaster-emergency https://www.governor.ny.gov/news/no-20235-continuing-temporary-suspension-and-modification-laws-relatingdisaster-emergency https://www.governor.ny.gov/news/no-20241-continuing-temporary-suspension-and-modification-laws-relatingdisaster-emergency https://www.governor.ny.gov/news/no-20242-continuing-temporary-suspension-and-modification-laws-relatingdisaster-emergency https://www.governor.ny.gov/news/governor-cuomo-announces-travel-enforcement-operation-airports-acrossstate-help-ensure https://www.governor.ny.gov/news/governor-cuomo-announces-malls-new-york-city-allowed-reopen-half-capacitynext-week

Dates Stay at Home Order in Effect Effective 3/20/2020 – until and unless later amended or extended, except that any region that meets necessary public health and safety metrics will be eligible for reopening under Phase 1 of New York’s reopening plan—New York Forward.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 104

Orders / Plans for Restart On April 26 and 27, the New York Governor announced an approach to reopen New York on a regional basis. Based on CDC recommendations, New York will monitor new infections, health care capacity, diagnostic testing, and contact training capacity to determine if a region can reopen. Among other things, in order to reopen, a region must: (1) experience a 14-day decline in total net hospitalizations and deaths on a 3-day rolling average; (2) have at least 30 percent hospital and ICU beds available and 90 days of personal protective equipment stockpiled; (3) have the capacity to conduct 30 diagnostic tests for every 1,000 residents per month; and (4) have a baseline of 30 contact tracers for every 100,000 residents. New York is tracking these and other metrics for each region online at the New York Forward webpage.

Each region will reopen businesses according to the following phases: Phase 1 – construction, manufacturing, wholesale trade, and select retail for delivery, curbside and in-store pickup; Phase 2 – professional services, finance and insurance, and retail, among other businesses; Phase 3 – restaurants and food services; and Phase 4 – arts, entertainment, recreation, and education. The plan will be implemented in coordination with surrounding states and will be based on individual business and industry plans that include new measures to protect employees and consumers, make physical work spaces safer, and implement processes that lower risk of infection.

The plan will also coordinate the opening of transportation systems, among other things.

New York has outlined the following safety precautions that businesses must implement upon reopening to help lower the risk of spreading the virus: (1) adjust workplace hours and shift design as necessary to reduce density in the workplace; (2) enact social distancing protocols; (3) restrict non-essential travel for employees; (4) require all employees and customers to wear masks if in frequent contact with others; (5) implement strict cleaning and sanitation standards; (6) enact a continuous health screening process for individuals to enter the workplace; (7) continue tracing, tracking, and reporting of cases; and (8) develop liability processes.

New York has also announced sector-specific guidelines for businesses as they begin to reopen under Phases 1 and 2. The guidelines set forth specific protocols requiring social distancing, protective equipment, hygiene and cleaning measures, and virus screening. Businesses reopening under Phases 1 and 2 must affirm compliance with pertinent sector-specific guidance through the New York Forward webpage. Significantly, effective May 29, 2020, Phase 2 industries are not subject to the Stay at Home Order’s limitation concerning in-person workforce.

On June 3, 2020, Governor Cuomo announced outdoor dining at restaurants will be permitted in Phase 2 of reopening.

As of July, 20 2020, all regions have reached Phase 4 reopening. Businesses should refer to the Regional UnPause Dashboard for details with respect to any particular region.

On June 13, 2020, Governor Cuomo issued an executive order, amending prior gathering and business restrictions. The order eliminates restrictions on the in-person workforce at non-essential businesses in regions entering Phase 3 and allows salons and other personal care services to open to the extent permitted by Phase 3.

In addition, on June 15, 2020, Governor Cuomo issued an executive order allowing gatherings of up to 25 people in Phase 3.

On June 24, 2020, New York, New Jersey, and Connecticut announced a joint travel advisory that all individuals traveling from states with significant community spread of COVID-19 quarantine for 14 days. New York’s iteration of the advisory, available at New York’s Coronavirus webpage, applies to travelers from any state with a positive test rate higher than 10 per 100,000 residents or a 10% or higher positivity rate over a seven-day rolling average. Restricted states are routinely updated in the Travel Advisory section of the New York Coronavirus webpage. Notably, the advisory does not apply to individuals passing though restricted states for a limited duration (less than 24 hours) through the course of travel. Further, exceptions to the advisory are permitted for essential workers and are limited based on the duration of time in designated states, as well as the intended duration of time in New York. Businesses should review the advisory for specific details in connection with essential worker exemptions.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 105

On July 1, 2020, the Governor delayed the reopening of New York City indoor dining under Phase 3 of reopening “until the facts change and it’s prudent to open.” The Governor also announced a new State Enforcement Department to supplement local enforcement of COVID-19 guidance and restrictions.

On July 13, 2020, the State Department of Health issued an emergency order mandating that out-of-state travelers from designated states complete a DOH traveler form upon entering New York. Travelers who leave the airport without completing the form will be subject to a $2,000 fine and may be brought to a hearing and ordered to complete mandatory quarantine. The form is available in the Travel Advisory section of the New York Coronavirus webpage. Also on July 13, 2020, in conjunction with the Department of Health’s emergency order, Governor Cuomo announced travel enforcement operations at airports. Effective July 14, 2020, enforcement teams will be stationed at airports to request proof of completion of the DOH traveler form.

On July 16, 2020, the Governor announced new regulations for bars and restaurants in New York City to ensure they are complying with state social distancing and face covering orders. As part of the 'Three Strikes and You're Closed' initiative, any establishment that receives three violations will be closed for business. Egregious violations can result in immediate loss of liquor license or closure before a third strike. Additionally, any establishment facing disciplinary charges by the State Liquor Authority will have its name and location posted publicly and updated on a weekly basis. If the state is alerted to similar noncompliance in other regions of the state, these restrictions will be extended to those areas immediately.

The Governor also announced that all restaurants and bars statewide will be subject to new requirements that they must only serve alcohol to people who are ordering and eating food and that all service at bar tops must only be for seated patrons who are socially distanced by six feet or separated by physical barriers.

New York has joined a partnership of northeast states to develop a regional strategy to reopen the economy.

This partnership includes: Massachusetts, New York, New Jersey, Connecticut, Rhode Island, Pennsylvania, and Delaware.

Definition of Essential Infrastructure/Business On March 20, 2020, New York issued an executive order requiring, among other things, that (1) all businesses utilize telecommuting or work from home procedures to the extent possible and (2) all nonessential businesses reduce their in-person workforce by 100%. Any entity providing essential services or functions to an essential business or a non-essential business is not subject to the in-person work restriction, but may operate at the level necessary to provide such service or function. The Empire State Development Corporation (“ESDC”) is administering the essential business designation under the Governor’s order and has issued guidance interpreting essential business.

Transportation With respect to the Stay at Home Order, Section 2 of the ESDC's guidance deems transportation operations such as bus, rail, for-hire vehicles, and garages are considered part of the essential infrastructure. Manufacturing operations supporting the transportation infrastructure are considered essential manufacturing under Section 3.

Manufacturing With respect to the Stay at Home Order, Section 3 of the ESDC's guidance deems certain manufacturing operations essential, including chemicals, pharmaceuticals, household paper products, and automobiles manufacturing, among others. Phase 1 of New York Forward includes reopening manufacturing functions with low risk, including – among others – apparel manufacturing, computer and electronic part manufacturing, paper manufacturing, printing and related support activities, textile product mills, and wood product manufacturing.

Manufacturing guidelines for businesses reopening are available under Phase 1 of the New York Forward webpage.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 106

Construction With respect to the Stay at Home Order, essential construction may proceed to the extent set forth in Section 9 of the ESDC’s guidance. Phase 1 of New York Forward includes construction functions with low risk, including – among others – building equipment contractors, residential and nonresidential building construction, utility system construction, and highway, street and bridge construction. Construction guidelines for businesses reopening are available under Phase 1 of the New York Forward webpage.

Retail With respect to the Stay at Home Order, essential retail operations may continue to the extent set forth in Section 4 of the ESDC’s guidance. Under Phase 1 of New York Forward, wholesale trade and select retail for delivery, curbside, and in-store pickup is permitted to reopen. Curbside and in-store pickup retail guidelines are available under Phase 1 of the New York Forward webpage. Phase 2 in-store retail guidance is available under Phase 2 of the New York Forward webpage.

On June 29, 2020, the Governor announced that air conditioning filters with a Minimum Efficiency Reporting Value (MERV) rating capable of filtering COVID-19 particles or similar air exchange measures will be mandatory for large mall reopenings. Further mall guidelines for employers and employees, including in connection with physical distancing; protective equipment; hygiene, cleaning, and disinfection; communication; and screening, is available under Phase 4 of the New York Forward webpage. On July 16, 2020, the Governor announced that no additional indoor activity, including malls, will be permitted in New York City under Phase 4.

Effective September 9, 2020, malls in New York City will be allowed to reopen with a 50 percent occupancy limit (no indoor food courts permitted). All malls that choose to reopen will be subject to strict safety protocols, including strict enforcement of face coverings, social distancing, additional staff to control occupancy, traffic flow and seating to avoid crowding and enhanced cleaning and disinfection protocols. Malls must also have enhanced air filtration, ventilation and purification standards in place in order to open.

Hotel/Restaurant With respect to the Stay at Home Order, hotels and other places of accommodation are considered part of the essential infrastructure under Section 2 of the ESDC’s guidance. Restaurants and bars (for take-out/delivery only) are considered essential retail operations under Section 4. Under Phase 4 of New York’s reopening plan, restaurants and food services businesses will be permitted to reopen. Under Phase 2, restaurants and bars are permitted to serve patrons food or beverage in outdoor space. To facilitate compliance with social distancing in connection with outdoor service, restaurants and bars will be permitted to expand their premises to use (a) contiguous public space (for example, sidewalks or closed streets) and/or (b) otherwise unlicensed contiguous private space under the control of such restaurant or bar. Any such expansion is subject to reasonable limitations and procedures set by the Chairman of the State Liquor Authority and reasonable approval by the local municipality.

Under Phase 3 (except in New York City), restaurants and food service operations may open indoor spaces with seating for customers in accordance with New York’s Phase 3 Interim COVID-19 Guidance for Food Services.

Among other things, the guidance requires: (1) businesses limit indoor capacity to no more than 50% of maximum occupancy, exclusive of employees; (2) employees wear face coverings at all times; (3) patrons wear face coverings at all times, except while seated; and (4) adherence to hygiene, cleaning, and disinfection requirements from the CDC and Department of Health. For further, details, businesses should refer to the complete guidelines at the New York Forward webpage.

Effective September 30, 2020, indoor dining in New York City will be allowed to resume 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 available data by November 1. If the infection rate does not increase, restaurants may be permitted to go to 50 percent capacity; the

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 107

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.

On July 16, 2020, the Governor announced the 'Three Strikes and You're Closed' initiative for New York City, according to which any establishment that receives three violations will be closed for business. Egregious violations can result in immediate loss of liquor license or closure before a third strike. Additionally, any establishment facing disciplinary charges by the State Liquor Authority will have its name and location posted publicly and updated on a weekly basis. If the state is alerted to similar noncompliance in other regions of the state, these restrictions will be extended to those areas immediately.

The Governor also announced that all restaurants and bars statewide must only serve alcohol to people who are ordering and eating food and that all service at bar tops must only be for seated patrons who are socially distanced by six feet or separated by physical barriers.

Face Mask Requirements?

Effective April 17, 2020 at 8 p.m. any individual over age two and able to medically tolerate a face-covering must cover their nose and mouth with a mask or cloth face covering when: (1) in public and unable to maintain, or when not maintaining, social distancing; and (2) utilizing public or private transportation or other for-hire vehicles.

In addition, any person operating public or private transportation must likewise wear a face covering or mask which covers the nose and mouth while transporting passengers. On May 28, 2020, Governor Cuomo issued an Executive Order authorizing businesses to deny entry to individuals who do not wear masks or face-coverings.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 108

North Carolina Source of Information https://files.nc.gov/governor/documents/files/EO138-Phase-1.pdf https://files.nc.gov/governor/documents/files/EO141-Phase-2.pdf https://files.nc.gov/governor/documents/files/EO147-Phase-2-Extension.pdf https://files.nc.gov/governor/documents/files/EO151-Phase-2-Extension.pdf https://files.nc.gov/governor/documents/files/EO-153-Restricting-Late-Night-Service-of-Alcoholic-Beverages.pdf https://files.nc.gov/governor/documents/files/EO162-Extending-Alcohol-Curfew.pdf https://files.nc.gov/governor/documents/files/EO163-New-Phase-2.5.pdf https://files.nc.gov/governor/documents/files/EO157-Transportation-Provisions-Extension.pdf https://files.nc.gov/governor/documents/files/EO164-Extension-of-Transportation-provisions.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 23, 2020, North Carolina announced a framework for reopening the State. The framework is modeled after White House guidance and focuses on meeting key metrics before restrictions are lifted, including: (1) sustained leveling or decrease of COVID-19 cases and hospitalizations over a 14-day period, and (2) adequate capacity to respond to a surge in cases, including testing, treatment, and PPE. Once the State reaches these defined metrics, it can begin to reopen in three phases. Phase one includes: (1) modification of the stay-at-home order to allow increased commercial activity; (2) all stores must implement proper social distancing and cleaning protocols; and (3) continuing to limit gatherings to no more than 10 people, among others. Phase two, at least 2-3 weeks after phase one, includes: (1) fully lifting the stay-at-home order; (2) allowing limited opening of restaurants and bars; and (3) increasing the number of people allowed at public gatherings, among others. Phase three, at least 4-6 weeks after phase two, includes: (1) lessening restrictions for vulnerable populations; (2) allowing increased capacity at bars and restaurants; and (3) further relaxation of limitation on public gatherings.

On May 22, 2020, North Carolina lifted the Stay at Home Order. In its place, North Carolina passed Executive Order No. 141 titled “Easing Restrictions on Travel, Business Operations, and Mass Gatherings: Phase 2.” Then on September 1, 2020 North Carolina passed, Executive Order No. 163 a new Phase 2.5 “revised Prohibitions and Restrictions to Protect Lives in Responding to the COVID-19 Pandemic.” The new order encourages individuals to continue social distancing. The order provides restrictions on certain businesses to prevent overcrowding (providing Core Signage, Screening, and Sanitation Requirements including daily screening of workers for symptoms), establishes a mass gathering limit (25 indoor and 50 outdoor), expands face covering requirements, opens indoor fitness facilities limiting customers to 30% capacity and keeps certain other kinds entertainment businesses and operations closed. Additionally provisions allowing for Sporting Events in large venues for the purposes of recording and broadcast are provided. Certain sections of the previous Executive Orders

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 109

138 and 141 are incorporated by reference. These includes provisions on schools, long term care, maximum occupancy standards for retail, and local order provisions. Executive Order 147 included enhanced face mask provisions requiring face coverings in all retail businesses, restaurants, personal care and grooming businesses, child care facilities, government agencies, public transportation, high-density occupational settings, meat processing plants, long term care facilities, and other health care settings and those provisions are mirrored in Executive Order No. 163.

North Carolina extended the Phase 2.5 Measures and Executive Orders 141, 147, and 151 on August 5, 2020, in Executive Order 155 through October 2, September 11, 2020.

Definition of Essential Infrastructure/Business On March 27, 2020, North Carolina issued a stay-at-home order mandating that all individuals remain at home unless performing essential activities, which includes going to work at essential businesses and operations.

Subsequently, North Carolina issued additional executive orders modified the stay at home orders and provided a distinction between essential and non-essential businesses. Now, with the rescission of all stay-at-home orders, there is no longer a need to distinguish essential infrastructure and businesses.

Transportation Pursuant to Executive Order 163, all transportation businesses are permitted to operate without limitations.

Executive Order No. 164157, extends certain transportation related provisions from previous executive orders including waiving maximum hours of service for certain drivers impacted by COVID-19.

Manufacturing Pursuant to Executive Order 163, all manufacturing businesses are permitted to operate without limitations.

Construction Retail Pursuant to Executive Order 141, all retail businesses are permitted to operate as of May 8, 2020. Retail facilities reopening under Executive Order 141 are subject to social distancing guidelines as stated in the order, including operating at only 50% of regular capacity and so that people in the store may stay six feet away from one another.

Hotel/Restaurant Pursuant to Executive Order 163, all hotels are permitted to operate without limitations Pursuant to Executive Order 163, all restaurants are permitted to operate subject to social distancing guidelines as stated in the order, including operating at no more than 50% of regular capacity and requiring that groups remain six feet away from one another. Not more than ten customers may be seated together unless from the same household. Workers are required to wear face covering within 6 feet of another person. Bars remain closed. Pursuant to Executive Order 162, restaurants, breweries, wineries, distilleries and other businesses that are not closed under other Executive order and that sell alcoholic beverages for onsite consumption may not sell alcohol for onsite consumption between 11pm and 7am until October 3, 2020.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 110

Face Mask Requirements?

Executive Order No. 163 supplements Executive Order No. 147 both of which requires face coverings in all retail businesses, restaurants, personal care and grooming businesses, child care facilities, government agencies, public transportation, high-density occupational settings, meat processing plants, long term care facilities, and other health care settings.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 111

North Dakota Source of Information https://ndresponse.gov/covid-19-resources https://www.governor.nd.gov/executive-orders https://ndresponse.gov/covid-19-resources/covid-19-business-and-employer-resources/nd-smart-restart/nd-smartrestart-protocols https://ndresponse.gov/sites/www/files/documents/covid19/ND%20Smart%20Restart/Standards%20for%20all%20Industries.pdf https://ndresponse.gov/sites/www/files/documents/covid19/ND%20Smart%20Restart/Personal%20Services/Personal%20Services%20Guidelines.pdf https://www.governor.nd.gov/news/burgum-announces-move-next-phase-nd-smart-restart-plan https://www.nd.gov/dpi/parentscommunity/nddpi-updates-and-guidance-covid-19/nd-k12-smart-restart-guidance https://ndresponse.gov/news/burgum-announces-formation-burleigh-morton-covid-19-task-force-active-casesclimb https://www.governor.nd.gov/news/burgum-announces-changes-covid-19-risk-levels-counties-appoints-marianiinterim-state-health Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 28, 2020, North Dakota published the ND Smart Restart Protocols setting forth universal protocols for all businesses operating through the COVID-19 pandemic as well as industry specific standards. Among other things, the universal protocols: (1) limit movement and activity to ensure social distancing; (2) require businesses and employers to adhere to CDC and ND Department of Health guidelines; (3) require businesses post stateprovided signage at entrances of facilities outlining best practices for workplace activity; (4) mandate hygiene and cleaning measures, including regularly disinfecting high-touch surface areas and facilitating regular hand-washing; and (5) encourage the use of PPE, including face coverings. The universal protocols also require businesses to develop protocols in case of exposure to the virus. Industry specific standard cover: (1) restaurants and bars; (2) fitness centers; and (3) personal services.

On April 29, 2020, the North Dakota governor signed an amended executive order, according to which certain businesses that experienced temporary closures or access restrictions may begin to reopen at 8 a.m. Friday, May 1, if the ND Smart Restart standard procedures and industry-specific rules are adopted and rigorously followed.

On May 22, 2020, North Dakota’s governor signed an amended executive order strongly encouraging businesses to follow ND Smart Restart Guidelines. The order makes mention of industry-specific standards for higher-risk businesses—such as tattoo shops, massage therapists, and movie theaters—but also contains a general urging to all North Dakotan businesses to adopt and rigorously follow the universal protocols of ND Smart Restart (Standards for All Industries).

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 112

As of May 29, 2020, North Dakota is in the Green (Low Risk) Level of its color-coded health guidance system. This means that there is low risk of transmission, low case counts are reported, and public health and private health care are able to safely diagnose, treat, and isolate COVID-19 cases and their contacts. Physical distancing measures and limitations on gathers are still recommended to prevent transmission from accelerating again, and industries should still adhere to both the universal protocols and industry-specific standards of the ND Smart Restart Protocols.

With the move from the moderate to low risk level:    

The recommendation for capacity in bars and restaurants increased from 50% to 75%.

The recommendation for banquets/weddings increased from 50% occupancy up to 250 attendees to 75% occupancy up to 500 attendees.

Recommended movie theater capacity increased from 20% to 65%.

Fitness centers may consider holding classes with high inhalation/exhalation exchange with social distancing, whereas those classes were not recommended under the yellow level.

On July 14, 2020, the Governor released the K-12 Smart Restart guidelines to help North Dakota school districts plan for reopening this fall. Developed in collaboration with education associations, tribal leaders, stakeholders and state health officers, the K-12 Smart Restart guidelines emphasize local control and decisionmaking by school boards and administrators in consultation with local public health units and based on guidance from the North Dakota Department of Health and the U.S. Centers for Disease Control and Prevention.

The K-12 Smart Restart guidance requires each district’s school board to approve a Health and Safety Plan in consultation with their local public health unit. Among other requirements, the plan must identify a COVID-19 team or coordinator to oversee the district’s health and safety preparedness; protocols for social distancing; and processes for identifying and protecting children and staff at higher risk with an opportunity for continued distancing teaching and learning. Districts also will need to have a school board-approved, updated Distance Learning Plan on file. Local communities can decide if teaching and learning should be conducted face-to-face, via distance learning or a hybrid of the two. Both plans must be created in consultation with faculty, families, staff and students and published on the district’s website.

On July 28, 2020, the Governor announced the formation of a task force to prevent and mitigate the spread of COVID-19 in Burleigh and Morton counties—including the Bismarck-Mandan metro area—which have recently seen sharp increases in COVID-19 cases. The Burleigh-Morton area accounts for more than one-third of North Dakota’s active cases. The Task Force will include city and county officials, local public health units, representatives of the medical, education and business sectors, the North Dakota Department of Health (NDDoH), and other stakeholders.

On September 3, 2020, the Governor announced changes to the COVID-19 risk levels for 21 of the state’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) to decrease transmissible moments and to raise awareness that an elevated risk level exists and there are steps to take to slow the spread of the virus including avoiding large gatherings and social distancing, wearing masks in public where social distancing isn’t possible, and frequently washing hands. Thirteen counties – Billings, Cavalier, Divide, Foster, Griggs, LaMoure, Mercer, McIntosh, Nelson, Renville, Traill, Walsh and Wells – are moving from the low risk level (green) to the “new normal” or blue risk level. The county-by-county risk levels are effective September 4, 2020. For counties moving from low to moderate risk, the recommendation for capacity in bars and restaurants decreases from 75% to 50% and the recommendation for large gatherings decreases from 75% occupancy up to 500 attendees, to 50% occupancy up to 250 attendees.

Definition of Essential Infrastructure/Business To date, North Dakota orders have not defined or otherwise discussed essential businesses.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 113

Transportation Under the universal protocols of ND Smart Restart, businesses in the transportation industry should: (1) limit movement and activity to ensure social distancing; (2) require businesses and employers to adhere to CDC and ND Department of Health guidelines; (3) require businesses to post state-provided signage at entrances of facilities outlining best practices for workplace activity; (4) mandate hygiene and cleaning measures, including regularly disinfecting high-touch surface areas and facilitating regular hand-washing; and (5) encourage the use of PPE, including face coverings. The universal protocols also require businesses to develop protocols in case of exposure to the virus.

Manufacturing Under the universal protocols of ND Smart Restart, businesses in the manufacturing industry should: (1) limit movement and activity to ensure social distancing; (2) require businesses and employers to adhere to CDC and ND Department of Health guidelines; (3) require businesses to post state-provided signage at entrances of facilities outlining best practices for workplace activity; (4) mandate hygiene and cleaning measures, including regularly disinfecting high-touch surface areas and facilitating regular hand-washing; and (5) encourage the use of PPE, including face coverings. The universal protocols also require businesses to develop protocols in case of exposure to the virus.

Construction Under the universal protocols of ND Smart Restart, businesses in the construction industry should: (1) limit movement and activity to ensure social distancing; (2) require businesses and employers to adhere to CDC and ND Department of Health guidelines; (3) require businesses to post state-provided signage at entrances of facilities outlining best practices for workplace activity; (4) mandate hygiene and cleaning measures, including regularly disinfecting high-touch surface areas and facilitating regular hand-washing; and (5) encourage the use of PPE, including face coverings. The universal protocols also require businesses to develop protocols in case of exposure to the virus.

Retail Under the universal protocols of ND Smart Restart, retail businesses should: (1) limit movement and activity to ensure social distancing; (2) require businesses and employers to adhere to CDC and ND Department of Health guidelines; (3) require businesses post state-provided signage at entrances of facilities outlining best practices for workplace activity; (4) mandate hygiene and cleaning measures, including regularly disinfecting high-touch surface areas and facilitating regular hand-washing; and (5) encourage the use of PPE, including face coverings. The universal protocols also require businesses to develop protocols in case of exposure to the virus.

North Dakota has issued further, specific guidance in connection with ND Smart Restart for hair salons, barbershops, nail salons, and other cosmetology-related businesses. The guidance limits movement and activity and implements special hygiene and cleaning measures. Among other things, the movement and activity guidance provides that: (1) a check-in process and waiting area setup that can accommodate physical distancing should be developed; and (2) space between work stations should be increased so that employees and clients can maintain 6 feet of distance. In addition, businesses should remove items in common areas that cannot be sanitized, and employees must wear face masks at all times and other available protective equipment as necessary. The hygiene and cleaning measures provide, among other things, that: (1) employees must wash hands for a minimum of 20 seconds between customers and offer alcohol-based hand sanitizer to customers; (2) businesses should develop enhanced cleaning protocol for workstations, equipment, restrooms, treatment rooms and waiting areas, and porous surfaces should be covered with washable or disposable coverings; and (3) appointment times should be adjusted for enhanced cleaning between customers. Certain special measures should also be observed. Among other things, businesses should screen employees prior to provision of services, clients and employees should avoid bringing unnecessary personal items into the place of business, and employers should keep thorough daily records of

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 114

employees and any close contacts. Use of appointment systems is encouraged unless a walk-in system can be used safely.

Hotel/Restaurant North Dakota has issued guidance in connection with the ND Smart Restart for Restaurants, Bars, Breweries, Distilleries and Food Trucks. The guidance limits movement and activity and implements special hygiene and cleaning measures. Among other things, the movement and activity guidance provides that: (1) capacity will be limited to 50% normal operating capacity; (2) tables must be limited to 10 people; and (3) 6 feet of spacing must be allowed between tables. In addition, standing will not be permitted in bars and stool seating must comply with social distancing. The special hygiene and cleaning measures provide, among other things, that: (1) refills are not allowed unless served in a clean unused glass or cup; (2) menus should be single use paper or on a material that can be sanitized after each use; and (3) drink coasters should be single-use or of a material that can be sanitized after each use. Further, blackjack tables will remain closed and gaming machines must be separated by a minimum distance of 6 feet to remain in use.

As of May 29, 2020, the recommendation for capacity in bars and restaurants is 75%. The recommendation for banquets/weddings is 75% occupancy up to 500 attendees.

Face Mask Requirements?

North Dakota has not issued an order requiring residents or businesses to utilize face masks. The ND Smart Restart Protocols encourage use of cloth face coverings to employees and contracted workers whose duties require close contact (within 6 feet for 10 minutes or more) with other employees and/or the public. Further requirements exist for cosmetology related businesses (see above under “Retail�).

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 115

Ohio Source of Information https://coronavirus.ohio.gov/wps/portal/gov/covid-19/ https://coronavirus.ohio.gov/static/publicorders/Directors-Stay-At-Home-Order-Amended-04-02-20.pdf https://coronavirus.ohio.gov/wps/portal/gov/covid-19/responsible-restart-ohio/welcome/ https://governor.ohio.gov/wps/portal/gov/governor/media/news-and-media/covid-19-update-may-1-2020 https://coronavirus.ohio.gov/static/publicorders/Directors-Stay-Safe-Ohio-Order.pdf https://coronavirus.ohio.gov/wps/portal/gov/covid-19/resources/news-releases-news-you-can-use/reopeningrestaurants-bars-personal-care-services https://coronavirus.ohio.gov/static/publicorders/Directors-Order-Personal-Services.pdf https://coronavirus.ohio.gov/static/publicorders/Directors-Order-Dine-Safe-Ohio.pdf https://coronavirus.ohio.gov/static/publicorders/Stay-Safe-Partial-Rescission.pdf https://coronavirus.ohio.gov/static/publicorders/Urgent-Health-Advisory.pdf https://coronavirus.ohio.gov/static/publicorders/revised-business-guidance-sd.pdf https://coronavirus.ohio.gov/static/publicorders/Directors-Order-Facial-Coverings-throughout-State-Ohio.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On May 20, 2020, the Director of the Ohio Department of Health signed an order rescinding the stay at home (Section 3) and general travel restriction (Section 15) provisions of the April 30, 2020 Stay Safe Ohio order.

Section 5, pertaining to prohibited and permitted travel for those diagnosed with COVID-19, is amended to prohibit those diagnosed with COVID-19 from entering the state unless they have recovered, are being transported for medical care, or are permanent residents of the state.

Also on May 20, 2020, the Director of the Ohio Department of Health issued the “Ohioans Protecting Ohioans� Urgent Health Advisory to replace the Stay Safe Order. The Advisory recommends that Ohioans stay home as much as possible, but maintains existing mandates limiting large groups and requiring safe business conditions to prevent the spread of COVID-19. Those at high-risk of severe illness from COVID-19 are strongly urged, but not required to stay home.

On April 27, 2020, the Ohio Governor announced Responsible Restart Ohio, a phased approach to reopening the Ohio economy. According to the plan: (1) certain health care operations may open May 1, 2020, including medical procedures that do not require an overnight stay in a hospital; (2) manufacturing, distribution, and construction operations and general offices may reopen on May 4, 2020; and (3) consumer, retail, and services can reopen May 12, 2020.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 116

The plan sets forth the following general protocols with which any open or reopening business must comply: (1) require face coverings for employees and recommend them for clients/customers at all times; (2) conduct daily health assessments by employers and employees (self-evaluation) to determine if "fit for duty"; (3) maintain good hygiene at all times - handwashing and social distancing; (4) clean and sanitize workplaces throughout the workday and at the close of business or between shifts; and (5) limit capacity to meet social distancing guidelines, including by establishing max capacity at 50% of fire code and using appointment settings where possible to limit congestion.

The plan also requires businesses to adhere to the following protocols when a COVID-19 infection is identified: (1) immediately report employee or customer infections to the local health district; (2) work with local health department to identify potentially exposed individuals to help facilitate appropriate communication/contact tracing; (3) shutdown shop/floor for deep sanitation if possible; (4) professionally clean and sanitize site/location; and (5) reopen in consultation with the local health department.

On May 1, 2020, the Ohio Department of Health issued a “Stay Safe Ohio Order,” effective until May 29, 2020, which incorporates the openings of businesses and services announced as part of the Responsible Restart Ohio plan and replaces the “Stay at Home” Order. The order also sets forth General and Sector Specific COVID19 Information and Checklists with which Businesses/Employers must comply. Notably, the order continues certain stay at home protocols, including requiring Ohioans to stay home except as specifically provided.

On May 7, 2020, Ohio announced that restaurants will be permitted to reopen for outdoor dining on May 15, 2020 and for dine-in service on May 21, 2020. By order issued May 14, 2020, the previous Director of Health Order closing bars and restaurants is rescinded effective May 21, 2020. The May 14 Order imposes hygiene and social distancing requirements for re-opened bars and restaurants. Ohio also announced that personal care services, such as hair salons, barbershops, day spas, nail salons, and tanning facilities may reopen on May 15, 2020 while still observing the social distancing practices set out in the Responsible Restart Ohio plan. By order issued May 14, 2020, the previous Director of Health Order closing personal care services is rescinded effective May 15, 2020. Re-opened personal care services must observe hygiene and social distancing requirements set out in the May 14 Order.

On May 14, 2020, the Governor announced additional Responsible Restart Ohio opening dates: •

Child Care – May 31, 2020

•

Campgrounds - May 21, 2020

•

Gyms and Fitness Centers – May 26, 2020

•

Non-contact and Limited Contact Sports Leagues – May 26, 2020

•

Public and Club Swimming Pools – May 26, 2020

•

Horse Racing (No Spectators) – May 22, 2020

All re-opened business and activities must observe mandatory and recommended best practices published at coronavirus.ohio.gov.

On May 20, 2020 the Director of the Ohio Department of Health issued the Camp Safe Ohio Order, permitting campgrounds to reopen subject to safety, hygiene, and social distancing standards set out in the Order.

The Order also provides industry-specific guidelines for campgrounds.

On May 22, 2020, the Lieutenant Governor announced that catering and banquet centers may reopen on June 1, 2020, with a capacity of no more than 300 people.

On May 22, 2020, the Director of the Ohio Department of Health announced that gyms and fitness centers, non-contact sports leagues, training for all sports, golf courses, tennis facilities, bowling alleys, miniature golf, and public and club swimming pools may reopen following hygiene and social distancing requirements.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 117

On May 29, 2020, the Director of the Ohio Department of Health issued a new order with revised requirements for all operating businesses. All businesses must allow all customers to wear face masks and must give written justification upon request explaining why an employee is not wearing a facial covering. The order also provides sector-specific requirements and guidelines, which can be found here.

On June 2, 2020, the Governor announced that all previously-delayed medical procedures and surgeries may resume, provided that health care providers maintain adequate inventories of personal protective equipment.

On June 4, 2020, the Governor announced that entertainment venues, including aquariums, art galleries, country clubs, ice skating rinks, indoor family entertainment centers, indoor sports facilities, laser tag facilities, movie theaters, museums, playgrounds, public recreation centers, roller skating rinks, social clubs, trampoline parks, and zoos may reopen on June 10th provided they follow applicable industry guidelines. Day camps and residential camps may reopen at any time.

On June 5, 2020, the Director of the Ohio Department of Health issued the Dine Safe Ohio Order, rescinding the previous March 15, 2020 order closing bars and restaurants for dine-in service. Bars and restaurants may reopen for in-person service following the safety requirements set out here.

On June 5, 2020, the Governor announced that casinos, racinos, amusement parks, and water parks would be permitted to reopen, following safety and social distancing guidelines, beginning June 19, 2020.

On June 16, 2020, the Interim Director of the Ohio Department of Health ordered that county fairs and animal exhibitions may reopen subject to hygiene and social distancing requirements set out in the order, here.

On June 30, 2020, the Interim Director of the Ohio Department of Health ordered that contact training and practice for all sports may resume. Updated guidance for contact and non-contact sports can be found here. On August 1, 2020, the Director further renewed the Order providing guidance and restrictions for contact sports, to remain in force until the State of Emergency declared by the Governor is no longer in force, or the Director rescinds or modifies the Order.

On July 2, 2020, the Governor issued an order declaring that employers participating in the SharedWork Ohio unemployment insurance program will not be charged for benefits for as long as the State receives full reimbursement from the federal Department of Labor pursuant to the CARES Act. On July 7, 2020, the Interim Director of the Ohio Department of Health issued an order extending the expiration dates of previous orders reopening business sectors, with exceptions, until the earlier of the State of Emergency declared by the Governor no longer exists or the Director of the Ohio Department of Health rescinds or modifies the orders. Affected sectors include personal care and grooming, campgrounds, personal fitness, schools, restaurants, and bars.

On July 7, 2020, the Interim Director of the Ohio Department of Health issued an order that all youth day camps and residential camps are permitted to reopen within the State so long as all safety standards are met.

On July 22, 2020, the Governor issued a travel advisory for all individuals coming to Ohio from states reporting positive COVID-19 testing rates of 15 percent or higher, recommending that individuals traveling from those states self-quarantine at home for 14 days. A current map of states subject to the travel advisory can be found here.

On July 28, 2020, the Governor announced that child care providers may return to their normal, statutory ratios and class sizes beginning on August 9, 2020. The Governor also announces that county and independent fairs with an opening day on or after July 31, 2020 will be limited to specific junior fair events.

On August, 25, 2020, the Interim Director of the Ohio Department of Health issued an order permitting entertainment venues, including auditoriums, stadiums, arenas, concert and music halls, and theaters to host non-

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 118

sporting events, provided industry specific social distancing and capacity requirements are followed. The order, with the full list of requirements, can be found here.

On August 31, 2020, the Interim Director of the Ohio Department of Health issued an order permitting adult day care services and senior centers to reopen, provided industry specific social distancing, hygiene, and capacity requirements are followed. The order, with the full list of requirements, can be found here.

Ohio is part of the Midwest Governors’ Pact which includes Ohio, Illinois, Michigan, Minnesota, Indiana, Kentucky and Wisconsin. The Pact is a working group of Midwest governors that will work in close coordination to reopen their economies following the COVID-19 response.

Definition of Essential Infrastructure/Business Businesses may reopen following the Responsible Restart Ohio plan detailed above.

Transportation Transportation operations may reopen following the Responsible Restart Ohio plan detailed above.

Manufacturing Under the Stay Safe Ohio Order, effective May 4, 2020 at 12:01 a.m., manufacturing, distribution and construction businesses may reopen, subject to the Sector Specific COVID-19 Information and Checklist for Businesses/Employers set forth in Section 21. Among other things, Section 21 requires manufacturing, distribution, and construction businesses to ensure social distancing, stagger lunch and break times, and change shift patterns.

Construction Under the Stay Safe Ohio Order, effective May 4, 2020 at 12:01 a.m., manufacturing, distribution and construction businesses may reopen, subject to the Sector Specific COVID-19 Information and Checklist for Businesses/Employers set forth in Section 21. Among other things, Section 21 requires manufacturing, distribution, and construction businesses to ensure social distancing, stagger lunch and break times, and change shift patterns.

Retail Under the Stay Safe Ohio Order, effective May 12, 2020 at 12:01 a.m., retail establishments and facilities may reopen, subject to the Sector Specific COVID-19 Information and Checklist for Businesses/Employers set forth in Section 21. Among other things, Section 21 requires retail establishments and facilities to ensure social distancing, specify hours for at-risk populations, and clean merchandise before stocking if possible. Currently closed retail establishments and facilities that restrict operations to curbside pickup, delivery or appointment-only (limited to 10 customers at any one time) may reopen effective May 1, 2020 at 12:01 a.m.

Hotel/Restaurant On June 5, 2020, the Director of the Ohio Department of Health issued the Dine Safe Ohio Order, rescinding the previous March 15, 2020 order closing bars and restaurants for dine-in service. Bars and restaurants may reopen for in-person service following the safety requirements set out here.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 119

Face Mask Requirements?

Pursuant to the Responsible Restart Ohio plan, all businesses must require face coverings for employees and recommend them for clients/customers at all times. On May 29, 2020, the Director of the Ohio Department of Health issued a new order with revised requirements for all operating businesses. All businesses must allow all customers to wear face masks and must give written justification upon request explaining why an employee is not wearing a facial covering.

On July 23, 2020, the Interim Director of Health ordered that face masks must be worn at all times by all individuals in the State in any indoor location that is not a residence, in outdoor areas where unable to maintain six feet of distance from others, and while riding public transportation. The text of the Order, including exceptions to the Order, can be found here.

On August 13, 2020, the Interim Director of Health issued an order requiring that all students, faculty, and staff in any child care setting, school building, or other location that provides care or education to any child wear face coverings at all times when indoors, outdoors but unable to consistently maintain a distance of six feet or more, and when riding a school bus. The full text of the order can be found here.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 120

Oklahoma Source of Information https://www.okcommerce.gov/wp-content/uploads/Oklahoma-Essential-Industries-List.pdf https://coronavirus.health.ok.gov/ https://www.governor.ok.gov/articles/press_releases/oklahoma-to-begin-phase-3-of-open-up-and-recover https://www.okcommerce.gov/covid19/ours-plan/ https://coronavirus.health.ok.gov/articles/oklahoma-state-department-health-urges-vigilance-mitigate-covid-19spread https://www.okcommerce.gov/doing-business/business-services/oklahoma-business-relief-program/ https://www.koco.com/article/gov-kevin-stitt-provides-update-on-coronavirus-in-oklahoma/33013764 https://coronavirus.health.ok.gov/covid-19-alert-system https://www.governor.ok.gov/articles/press_releases/governor-stitt-sec-brown-education-stakeholders https://www.sos.ok.gov/documents/executive/1956.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart The Oklahoma Department of Commerce has published its Open Up and Recover Safely (OURS) plan for reopening Oklahoma’s economy. The framework is modeled after White House guidance and focuses on meeting key metrics before restrictions are lifted, including: (1) sustained leveling or decrease of COVID-19 cases and hospitalizations over a 14-day period, and (2) adequate capacity to respond to a surge in cases, including testing, treatment, and PPE. Under the OURS Plan, retail and other essential businesses and organizations should continue to follow general CDC guidelines. Further guidance is outlined for specific higher risk businesses like personal services, health centers and gyms, museums and cultural institutions, and concerts and recreational facilities.

Oklahoma began Phase 3 of its OURS Plan on June 1, 2020. “We are making responsible decisions based on the data in our state,” said Governor Stitt. “While cases continue to decline 36 days into our reopening, it is important Oklahomans remember COVID-19 is still in the United States and we must continue to be diligent about washing our hands frequently, maintaining physical distance and protecting our most vulnerable populations.”

Under Phase 3, Individuals should minimize time spent in crowded environments and continue following CDC guidelines regarding social distancing. Businesses may resume unrestricted staffing at their worksites by observing proper CDC-recommended social distancing protocols and are recommended to continue increased cleaning and disinfecting practices. Businesses that had been operating by appointment only may begin accepting walk-in clients at their discretion. In conjunction with the Oklahoma State Department of Health and the statewide medical community, limited visitation to hospitals may be reinstated at the discretion of the facility. Visitation at nursing homes and long-term care facilities will remain suspended except for end-of-life situations until explicitly lifted by a future executive order.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 121

On June 21, 2020, the Oklahoma State Department of Health urged vigilance in mitigating the spread of COVID-19. “As expected, Oklahoma’s urban areas as well as a few communities around the state are experiencing a rise in active COVID-19 cases and hospitalizations due to increased social activity and mobility,” Interim Commissioner Lance Frye stated. The Department is advising Oklahomans who have chosen to attend large-scale gatherings in recent weeks to seek out testing, even if they aren’t experiencing symptoms.

Developed to help local businesses across the state overcome the economic challenges of COVID-19, OBRP offers vital funding for businesses that have suffered revenue loss due to the pandemic. The OBRP program is now closed as funding for the program has been exhausted. Phase 2 applications are currently under review.

On July 9, the Oklahoma State Department of Health launched a new COVID-19 alert system that offers the public and local elected officials a method to recognize and communicate the current COVID-19 risk level in each county and to guide health behaviors. The Oklahoma COVID-19 Alert System is a four-tiered risk measurement tool with corresponding color categories that identify the current COVID-19 risk level by county. “This new COVID-19 alert system marries OSDH’s robust data reporting with additional public health steps that should be considered county by county to confront elevated risks of community spread,” said Interim Health Commissioner Lance Frye, M.D. “The color-coded system is an easy way for business owners, local leaders, and the public to know at a glance when extra precautions should be taken.

Also on July 30, the Governor announced that the State of Oklahoma is allocating $10 million in federal CARES Act funding to supply Oklahoma schools with PPE in order to open safely, with a goal to deliver PPE by August 14. In addition, the Governor announced that the third amended version of EO 2020-20 directs the State Health Department to partner with the Oklahoma State Department of Education to develop a plan by August 21 for teachers to be tested for COVID-19 monthly.

On August 28, Oklahoma’s Catastrophic Health Emergency was extended by a fourth amended version of EO 2020-20 and will remain in effect for 30 days, unless otherwise terminated or extended. Because the new EO 2020-20 will still be in effect within 45 days of the November 3 general election, it will trigger the provisions provided under Senate Bill 210 allowing absentee voters to verify their identity by attaching a copy of an approved identification document to their affidavit envelope instead of having their signature notarized or witnessed by two people.

Definition of Essential Infrastructure/Business Essential businesses in Oklahoma are those that fall within one of the CISA critical infrastructure sectors or are defined as essential by the Oklahoma Department of Commerce. The Oklahoma Department of Commerce has issued guidance on essential business and has advised that businesses self-determine their status, but may seek clarification by filing an essential industries inquiry.

Transportation Oklahoma incorporates the CISA 3.0 definition of essential businesses, including its definition of essential transportation operations. In addition, the Oklahoma Department of Commerce considers "transportation and warehousing" to be essential businesses.

Manufacturing Oklahoma incorporates the CISA 3.0 definition of essential businesses, including its definition of essential manufacturing operations. In addition, the Oklahoma Department of Commerce considers a variety of manufacturing operations to be essential businesses, including, among others, chemical, petroleum and coal, electrical equipment, and explosives manufacturing.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 122

Construction Oklahoma incorporates the CISA 3.0 definition of essential businesses, including its definition of essential construction services. In addition, the Oklahoma Department of Commerce deems essential "construction, contractors, and heavy and civil engineering construction.�

Retail Oklahoma incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores, pharmacies, convenience stores, and other retail operations). In addition, the Oklahoma Department of Commerce deems essential a variety of retail operations, including, among others, grocery stores, sporting goods stores, motor vehicle and parts dealers, and other miscellaneous stores.

Hotel/Restaurant Oklahoma incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agricultural services (including restaurant carry-out and fast food). Under Phase 1 of the OURS plan, dining establishments can operate using CDC-recommended social distancing and sanitation protocols effective May 1, 2020. The Oklahoma Department of Commerce considers hotels and other places of accommodation to be essential businesses.

As of May 15, 2020, bars, taverns, nightclubs and other drinking establishments primarily serving alcoholic beverages have been allowed to reopen, so long as they adhere to sanitation and disinfecting protocols and social distancing guidelines from the CDC. Face Mask Requirements?

Oklahoma has not issued an order requiring residents or businesses to utilize face masks.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 123

Oregon Source of Information https://drive.google.com/file/d/1JM2dwYVK4Y4IBxMT6Si5-H_LNua52tnu/view https://www.oregon.gov/gov/Documents/executive_orders/eo_20-12.pdf https://www.oregon.gov/gov/admin/Pages/eo_20-07.aspx https://www.oregon.gov/gov/admin/Pages/eo_20-14.aspx https://www.oregon.gov/gov/admin/Pages/eo_20-25.aspx https://sharedsystems.dhsoha.state.or.us/DHSForms/Served/le2351j.pdf https://sharedsystems.dhsoha.state.or.us/DHSForms/Served/le2288K.pdf7 https://www.oregon.gov/gov/admin/Pages/eo_20-30.aspx https://www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=36940 https://www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=37003 https://www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=37225 Dates Stay at Home Order in Effect Effective 3/23/2020 until further notice Orders / Plans for Restart Oregon Executive Order No. 20-22, allows the resumption of non-urgent health care procedures using personal protective equipment beginning May 1, 2020.

On May 7, Oregon announced that restaurants, bars, gyms and salons in some Oregon counties could open as early as May 15 under Oregon’s tentative reopening framework. Residents of those counties could gather in groups of up to 25 without facing potential consequences. Live sports events, concerts, theater, festivals and conventions will not be permitted until there is effective prevention and treatment available. However, outdoor recreation, restaurants, shopping malls, breweries, salons, and yes, tattoo parlors, may begin to reopen provided their counties get approval to reopen under Phase 1.

The first phase of reopening will be phased in geographically. Starting May 8, each of Oregon’s 36 counties can submit plans demonstrating that they can meet seven public health criteria. Those include declining levels of COVID-19 hospital admissions over a 14-day period; minimum levels of testing and contact tracing capacity; adequate hospital surge capacity, quarantine facilities and personal protection equipment; and finalized sector guidelines from the state to communicate to individual businesses.

The governor’s office will determine if those plans pass muster, and if so, allow counties to start reopening as early as May 15. Phase 1 will last at least 21 days, at which point, absent a surge in cases, the counties can consider further easing of restrictions, though phase two guidelines are still undefined.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 124

On May 14, Oregon announced that the state has granted permission to 31 of the 33 counties to enter Phase 1. They will be allowed to reopen restaurants and bars for dine-in patrons, gyms, health clubs, hair salons, nail salons and shopping malls starting May 15 — with many restrictions. Residents in those counties approved for Phase 1 also will be allowed to hold gatherings of up to 25 people. As of September 15, 30 out of the 36 September 8, 29 out of the 36 counties in Oregon have been approved for Phase 2.

On September 1, Gov. Brown announced that the state of emergency regarding COVID-19 would be extended for an additional 60 days, until November 3, 2020. On July 13, Gov. Brown announced that indoor social get-togethers of more than 10 people will be prohibited starting Wednesday, July 15 and continuing indefinitely.

Effective July 24, all restaurants and bars must close at 10 pm statewide, regardless of their county’s current phase.

In addition, there is a capacity limit in place of no more than 100 people indoors—including staff—for restaurants, gyms, and venues.

On August 4, Gov. Brown’s office told lawmakers that it is in active conversations about possible travel restrictions to slow the spread of coronavirus between states.

Oregon is part of the Western States Pact between California, Nevada, Colorado, Washington and Oregon to work together and share best practices on how to mitigate spread and responsibly reopen the economy.

Definition of Essential Infrastructure/Business Businesses must to the maximum extent possible facilitate work at home and telework options. Where telework is not possible, businesses must designate an employee to establish and enforce social distancing policies.

Businesses that do not follow these directives will be closed until they comply. The order additionally closes businesses of public accommodation and requires social distancing for other retail businesses. Oregon has yet to issue an order regarding essential services or essential businesses.

Transportation Travel for essential business and government services is permitted consistent with other executive orders and the guidance from the Oregon Health Authority.

Manufacturing No limitation on manufacturing at this time other than to require social distancing as follows: businesses must designate an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority. Such policies also must address how the business will maintain social distancing protocols for business-critical visitors.

Construction No limitation on construction at this time other than to require social distancing as follows: businesses must designate an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority. Such policies also must address how the business will maintain social distancing protocols for business-critical visitors.

Retail No limitation on agriculture or grocery food services at this time other than to require social distancing as follows: businesses must designate an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority. Such policies also must address how the business will maintain social distancing protocols for business-critical visitors.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 125

Hotel/Restaurant Oregon supports the continued operation of bars and restaurants, but those businesses are prohibited from operating on premises consumption.

The order is silent as it relates to hotels.

Face Mask Requirements?

Effective July 1, face coverings must be worn in all indoor public spaces statewide. This applies to businesses and members of the public visiting indoor public spaces. As of July 15, face coverings are also required in outdoor public spaces when physical distancing is not possible.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 126

Pennsylvania Source of Information https://www.pa.gov/guides/responding-to-covid-19/#ForBusinesses https://www.governor.pa.gov/wp-content/uploads/2020/03/20200319-TWW-COVID-19-business-closure-order.pdf https://www.governor.pa.gov/wp-content/uploads/2020/04/20200401-GOV-Statewide-Stay-at-Home-Order.pdf https://www.governor.pa.gov/wp-content/uploads/2020/04/20200415-SOH-worker-safety-order.pdf https://www.health.pa.gov/topics/Documents/Diseases%20and%20Conditions/COVID19%20Workplace%20Safety%20Questions.pdf https://www.governor.pa.gov/wp-content/uploads/2020/04/20200423-Construction-Industry-Guidance.pdf https://www.governor.pa.gov/process-to-reopen-pennsylvania/ https://www.scribd.com/document/452553026/UPDATED-8-45pm-May-11-2020-Industry-Operation-Guidance https://www.governor.pa.gov/newsroom/gov-wolf-sec-of-health-take-actions-on-stay-at-home-orders-issue-yellowphase-orders/ https://www.governor.pa.gov/newsroom/gov-wolf-sec-of-health-take-actions-on-stay-at-home-orders-issue-yellowphase-orders/ https://www.governor.pa.gov/wp-content/uploads/2020/05/20200527-TWW-green-phase-order.pdf https://www.governor.pa.gov/wp-content/uploads/2020/06/20200504-COVID-19-Business-Guidance.pdf https://www.governor.pa.gov/newsroom/wolf-administration-announces-targeted-mitigation-efforts-in-response-torecent-covid-case-increases/ https://www.governor.pa.gov/newsroom/governor-wolf-announces-restaurants-may-increase-indoor-occupancyto-50-percent-starting-september-21/ Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 22, 2020, the Pennsylvania Governor announced his detailed plan for reopening Pennsylvania with a targeted May 8, 2020 start. Pennsylvania will categorize reopening into three phases: red, yellow, green.

Phases will be assigned based on conditions in a county, counties or region. The red phase, which currently applies to counties that have not yet reopened, aims to minimize the spread of COVID-19 through strict social distancing and the closure of nonessential businesses. Under the yellow phase (1) telework must continue where feasible; (2) businesses with in-person operations must follow business and building safety orders; (3) in-person retail is allowable, but curb-side and delivery is preferable; and (4) restaurants and bars will continue to be limited to carryout and delivery only. The green phase eases most restrictions, lifting aggressive mitigation orders, but requires businesses and individuals to comply with CDC and PA Department of Health guidelines.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 127

As of May 22, 2020, 49 counties reopened under the yellow phase. The Governor and Secretary of Health have issued yellow phase orders in connection with these counties addressing the limited reopening of businesses in the yellow phase, detailing those businesses previously deemed non-life-sustaining as being permitted to reopen if they follow the guidance for safety for staff, customers, and facility. In addition, Pennsylvania has issued guidance setting forth procedures businesses must follow to conduct in-person operations in counties moving to the yellow phase. In counties that have been designated yellow, all businesses, except those specifically excluded by the Governor and the Secretary of Health, are permitted to conduct in-person operations in accordance with state guidance. Businesses that have been operating using telework must continue to do so to prevent the spreading of COVID-19 until the stay-at-home and business closure orders are fully lifted. Further, the guidance provides specific information concerning, among other things, cleaning and disinfecting premises, limiting the number of employees in common areas and customers on premises, providing masks and sanitizing supplies for employees, installing shields or other barriers at registers and checkout areas, and creating a plan in case a business is exposed to a probable or confirmed case of COVID-19.

On May 11, 2020, the Governor reminded Pennsylvanians of the importance of complying with the state’s actions to mitigate the spread of COVID-19 and outlined consequences to businesses and municipalities that fail to remain closed, including waiving eligibility for business liability insurance.

As of July 3, 2020, all Pennsylvania counties have moved to green. The Governor and Secretary of Health have issued a green phase order, with amendments, concerning the counties moving to green, addressing, among other things, guidance on occupancy limits and health and safety orders to which businesses must adhere under the green phase. Businesses should refer to the COVID-19 dashboard under the #ForBusinesses section of Pennsylvania’s COVID-19 response webpage for details with respect to any particular region.

In counties that have been designated as in the Yellow Phase, all businesses, except those categories specifically excluded in the Governor’s Process to Reopen Pennsylvania and the Governor’s and Secretary of Health’s orders, are permitted to conduct in-person operations, so long as they strictly adhere to Pennsylvania’s guidance.

In counties that have been designated as in the Green Phase, all businesses (including those restricted or prohibited in the Yellow Phase) are authorized to conduct in-person operations as long as the businesses follow CDC and Department of Health guidelines, the Orders of the Governor and the Secretary of Health providing for the Continued Reopening of the Commonwealth, issued May 27, 2020, and other orders or guidance that may be required based on monitoring of public health indicators. All businesses operating at 50% occupancy in the yellow phase may increase to 75% occupancy.

On July 16, 2020, new mitigation efforts in response to the recent rise in COVID cases took effect, primarily in southwest Pennsylvania, but also in other counties in the state, including statewide mitigation efforts for bars and restaurants, gatherings and telework. Among other things, the new measures: (1) limit bars and restaurant operations, including limiting occupancy to 25% for indoor dining; (2) prohibit nightclubs from conducting operations; (3) limit indoor gatherings to 25 persons and outdoor gatherings to 250 persons; and (4) require businesses to conduct telework to the extent possible. Businesses and individuals in violation of these new measures, issued pursuant to the authority granted to the Governor and the Secretary of Health under the law, including the Pennsylvania Disease Control and Prevention Law, could be subject to fines, business closure or other applicable enforcement measures.

Pennsylvania recommends a 14-day quarantine for travelers entering or returning to Pennsylvania from any area with a “high amount” of COVID-19 cases. As of September 1, 2020, Pennsylvania lists 196 states as areas with high amounts of COVID-19 cases. Travel recommendations are available at the Pennsylvania Department of Health webpage.

Pennsylvania joined a partnership of northeast states to develop a regional strategy to reopen the economy.

This partnership includes: Massachusetts, New York, New Jersey, Connecticut, Rhode Island, Pennsylvania, and Delaware.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 128

Definition of Essential Infrastructure/Business On March 19, 2020, Pennsylvania issued an order requiring all non-life sustaining businesses in Pennsylvania to close their physical locations. Pennsylvania's list of life-sustaining businesses provides detailed guidance concerning whether businesses are permitted to remain open. Pennsylvania has indicated its intent to conform its list of life-sustaining businesses with the CISA 1.0 guidance, though it is unclear if Pennsylvania will incorporate subsequent amendments to the CISA sectors. On April 20, 2020, Governor Wolf issued an additional order providing that: (1) online motor vehicle sales are authorized to commence statewide immediately; (2) the Pennsylvania Liquor Control Board is authorized to commence curbside pickup sales statewide immediately; and (3) limited construction activity is authorized to commence in-person operations statewide beginning on May 8, 2020. Notwithstanding the Governor’s April 20, 2020 Order, businesses in the construction industry are permitted to resume in-person operations effective May 1, 2020 – one week earlier than previously announced. Pennsylvania has issued mandatory guidance for businesses in the construction industry.

Transportation Pennsylvania is no longer requiring non-life-sustaining businesses to remain closed. Businesses should consult the Pennsylvania’s COVID-19 webpage and be sure to comply with all substantive aspects of orders and guidance issued by the Governor, the Secretary of Health, and the Department of Health.

Manufacturing Pennsylvania is no longer requiring non-life-sustaining businesses to remain closed. Businesses should consult the Pennsylvania’s COVID-19 webpage and be sure to comply with all substantive aspects of orders and guidance issued by the Governor, the Secretary of Health, and the Department of Health.

Construction All businesses in the construction industry are permitted to resume in-person operations effective May 1, 2020 in accordance with the Governor’s published guidance. Construction activity may return to full capacity with continued implementation of protocols under the green phase. Sector-specific construction industry guidance is available at www.governor.pa.gov/covid-19/construction-industry-guidance/.

Retail Under the yellow phase, in-person retail is allowable, but curbside and delivery is preferable. In the green phase, in-person retail may continue subject to following state and CDC guidelines.

Hotel/Restaurant Under the yellow phases, restaurants and bars are limited to carry-out and delivery only. However, effective June 5, 2020, restaurants and retail food service businesses located in counties designated as being in the yellow phase are permitted to add dine-in service in outdoor seating areas. Under the green phase, restaurants and bars will be permitted to open at 50% occupancy. Businesses in the retail food services industry, including restaurants and bars, must adhere to the Administration’s Guidance for Businesses in the Restaurant Industry Permitted to Operate During the COVID-19 Disaster Emergency to Ensure the Safety and Health of Employees and the Public, issued May 27, 2020.

On May 21, 2020, Governor Wolf signed House Bill 327 (now Act 21 of 2020), allowing temporary sale of cocktails-to-go from bars, restaurants and hotels with a liquor license. The law applies to bars, restaurants, and hotels that have lost 25% of average monthly total sales during the pandemic. Beverages must be sold in containers

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 129

with a secure lid in limited quantities before 11 p.m. Within 60 days, bars and restaurants must use a transaction scan device to verify a consumer’s age if the person appears to be younger than 35 years of age.

Pursuant to the Governor’s and Secretary of Health’s Targeted Mitigation Measures Orders, effective July 16, 2020, all bars and restaurants are limited to 25% occupancy for indoor dining. Notably, bars cannot operate unless they offer sit-down, dine-in meals or take out sales of beverages. Further, bars can only serve alcohol for on-premises consumption when in the same transaction as a meal, and can only serve patrons at a table or booth.

Restaurants may only serve customers seated at a table and must employ social distancing, masking, and other mitigation measures to protect workers and patrons. Reopening bars and restaurants should confer with the Governor’s and Secretary of Health’s orders for further details.

On September 8, 2020 Governor Wolf announced that restaurants may increase indoor occupancy to 50 percent starting September 21. To ensure safe operation, restaurants must self-certify compliance with all public health safety guidelines and orders. Restaurants that self-certify will appear in the Open & Certified Pennsylvania searchable online database of certified restaurants across the commonwealth. Self-certification documents and information can be found online starting September 21. 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. Face Mask Requirements?

Pennsylvania requires any business authorized to maintain in-person operations, other than healthcare providers, to provide employees with masks to wear on the worksite. Essential workers who are outdoors and engaging in heavy physical activity must wear masks unless wearing a mask impedes vision or would create an unsafe condition in which to operate equipment or execute a task. Employees are required to wear the masks at all times, except while using break time to eat or drink. In addition, public-facing businesses must require all customers to wear masks while on the premises and deny entry to individuals not wearing masks.

On July 1, 2020, the Pennsylvania Secretary of Health issued an order defining “face coverings” and requiring that masks be worn in all public spaces, with limited exceptions.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 130

Rhode Island Source of Information https://health.ri.gov/covid/

http://www.governor.ri.gov/documents/orders/Executive-Order-20-14.pdf https://governor.ri.gov/documents/orders/Executive-Order-20-23.pdf https://dbr.ri.gov/documents/DBRCriticalRetailBusinessesList_04032020.pdf https://www.reopeningri.com/ https://www.reopeningri.com/resource_pdfs/REOPENINGRI_Phase-I_Testing_the_Water-05.04.20.pdf https://governor.ri.gov/documents/orders/Executive-Order-20-30.pdf https://governor.ri.gov/documents/orders/Executive-Order-20-32.pdf https://governor.ri.gov/documents/orders/Executive-Order-20-36.pdf https://www.reopeningri.com/resource_pdfs/Phase-II/Reopening-Phase-II-Navigating-Our-Way-05.22.20.pdf https://www.ri.gov/press/view/38720 https://www.reopeningri.com/resource_pdfs/Phase-III/Phase-III-Picking-up-speed.pdf https://governor.ri.gov/documents/orders/Executive-Order-20-50.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 27, 2020, the Rhode Island Governor unveiled her phased approach for reopening Rhode Island— Reopen RI. The plan focuses on meeting key metrics before restrictions are lifted, including (1) decrease of COVID19 cases and (2) adequate capacity to respond to a surge in cases, including testing, treatment, and PPE. To move between phases Rhode Island must, among other things, see a 14-day downward trend in the number of cases or a 14-day trend in stable or declining hospitalizations. On May 15, Rhode Island released four metrics that officials are tracking as they consider moving between phases of reopening. Reopening can continue to move forward if (1) Rhode Island continues to see less than 70% of ICU and non-ICU beds filled by COVID-19 patients; (2) Rhode Island is consistently seeing fewer than 30 new COVID-19 related hospitalizations per day; (3) the “rate of spread” continues to remain the same or decreases; and (4) Rhode Island continues to see stable or declining hospitalizations; if within twenty days or less, hospitalizations double, then restrictions may be put back in place.

Under Phase I, “Testing the Water,” the stay at home order will be lifted, but social gatherings will be limited to 10 people; older and vulnerable people should stay home to the extent possible; masks, vigilant hand-washing, and increased cleaning must remain in place; employees should work from home to the extent possible; and all activities must account for social distancing. Retail locations will be permitted to open for in-store pickup of preorders; offices should emphasize remote work but can allow limited numbers of employees on site in accordance

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 131

with new guidelines; and restaurants will remain open for pickup, delivery, and drive-through with offerings modestly expanded, including pilots for seated dining. Manufacturing and construction operations will be permitted to continue under existing and evolving guidelines. On May 5, 2020, Rhode Island provided new details for Phase I, including new regulations for retail and restaurants. Under Phase II, “Navigating Our Way,” more restaurants, retail and closecontact businesses may open; social gathering limits will increase to 15 people; masks, vigilant hand-washing, and increased cleaning will remain in place; offices will ease capacity restrictions, but many people will still work from home; and activities must still account for strong social distancing guidelines. On May 21, 2020, Rhode Island announced new guidance for Phase II, advising, among other things, that: (1) capacity restrictions for non-critical retail will be relaxed and malls will be permitted to reopen; (2) office-based businesses will be permitted to bring back one third of their work force; and (3) indoor dining will be allowed at up to 50% capacity. Under Phase III, “Picking Up Speed,” schools will open with restrictions; offices, restaurants, retail, and other businesses will lift some of the tightest restrictions; social gatherings will be limited to 50 people; masks, vigilant hand-washing, and increased cleaning must remain in place; working from home is still encouraged; and activities must still account for strong social distancing. After Phase III, gathering and working restrictions will continue to relax, additional businesses will open, and more group activities will be permitted.

On May 21, 2020, the Rhode Island Governor signed an Executive Order extending the limited Phase I reopening until May 31, 2020. On June 1, 202, Rhode Island officially moved into Phase II. Businesses preparing to reopen should (i) review general and sector-specific Phase II guidelines, and (ii) complete the Covid-19 control plan, both available at ReopeningRI.com. On June 30, 2020, Rhode Island officially moved into Phase III. Reopening businesses should refer to Phase III at reopeningri.com for general and sector-specific guidance, including for offices, restaurants, retail, and transportation. Vital workplace resources, including a covid-19 control plan template, business checklist poster (which currently operating businesses must complete and sign), and employer/employer safety posters are available at ReopeningRI.com.

Rhode Island has implemented a 14-day quarantine for anyone coming to Rhode Island from any state with 5% or greater positivity rate. (Positivity rates are calculated using the average daily positivity rate for the last seven days.) As an exception, people will not have to quarantine if they have had a negative COVID-19 test within the past 72 hours. (If someone is tested after arriving in Rhode Island and gets a negative result, that person can stop quarantining.) The list of states with positivity rate of 5% or higher is available at RIDOH's website and will be updated weekly. Rhode Island requires out-of-state visitors to complete this certificate of compliance with out-ofstate travel quarantine/testing requirements and out-of-state travel screening form upon arriving in Rhode Island.

Travelers will be required to provide their completed certificate of compliance to their lodging and accommodations upon check-in. More specifics concerning Rhode Island’s travel guidance are available at the Department of Health’s webpage.

Rhode Island has joined a partnership of northeast states to develop a regional strategy to reopen the economy. This partnership includes: Massachusetts, New York, New Jersey, Connecticut, Rhode Island, Pennsylvania, and Delaware.

Definition of Essential Infrastructure/Business On March 28, 2020, Rhode Island issued a stay-at-home order requiring, among other things: (1) individuals to stay at home unless traveling for work or medical treatment, or obtaining necessities (food, medicine, gas); (2) employees to telecommute to the extent possible; and (3) the closure of non-critical retail businesses. The Rhode Island Department of Business Regulation ("DBR") has published guidance interpreting critical retail businesses in accordance with the Governor's order.

On May 8, 2020, the Governor signed an executive order lifting Rhode Island's Stay at Home order in accordance with Reopen RI. Among other things, the order: (1) limits social gatherings to five or fewer people in any public or private space; (2) encourages remote work environments to the extent possible; and (3) reiterates continued restrictions on recreation, entertainment establishments, and close-contact businesses. The order also gives the Rhode Island Department of Health (RIDOH) the ability to enforce public health guidelines and business regulations, including by levying fines against individuals or businesses. Significantly, all non-critical retail

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 132

businesses with a physical location in Rhode Island are permitted to re-open for in-store pickup and limited browsing in accordance with state guidance and regulations.

Transportation Beginning on June 1, 2020, car and van transportation operations, airports, bus services, ferry operations, and passenger railroads may continue current services. In accordance with Rhode Island Department of Health (RIDOH) emergency regulations, providers must prepare and implement a COVID-19 Control Plan. Transportation businesses should refer to Phase II and III travel and transit guidance at Reopeningri.com for more specific guidance.

Manufacturing The Rhode Island Manufacturer’s Association has called for manufacturers to sign its pledge for responsible manufacturing to maintain workplace safety during COVID-19. The pledge prioritizes employee safety and health, keeps plants running, and implements uniform manufacturing best practices.

Construction Under the DBR’s guidance, construction is considered a service-based businesses and is permitted to continue.

Retail Under Phase I of Reopen RI, non-critical retail stores that have been closed will be allowed to reopen inperson operations, including for limited in-person browsing. Pre-ordering and in-store pick-up will still be encouraged as the safest option. Retailers will be able to have one person browsing for every 300 square feet of space. Every staff member and customer will need to wear a mask at all times. Non-critical retail businesses must review and sign a Reopening RI checklist in order to conduct customer-facing business starting in Phase I. The checklist must be posted visibly within the retail establishment before reopening for business. Further, Retail businesses must write a COVID-19 Plan in accordance with the template posted on www.reopeningRI.com by Monday May 18 or, after that, before conducting customer-facing business.

Under Phase II, in-person shopping is permitted in non-critical retail stores with limited capacity (one customer per 150 square feet) provided that social distancing is maintained. Retailers must also temporarily discontinue sampling or application of personal goods. Malls will also be permitted to reopen with certain restrictions. As in Phase I, retailers must complete and post a Reopening RI checklist and write a COVID-19 Plan before reopening for business.

Under Phase III, critical and non-critical retail establishments may continue operating for in-person customer shopping. Capacity is limited to one customer per 100 square feet in individual retail stores and in common areas. Critical retail stores are required and all retail stores are encouraged to have exclusive hours for those in high-risk populations, including seniors, at a reduced capacity (recommended not to exceed 1 customer per 200 square feet which is equivalent to approximately 15% of fire marshal capacity) or offer other accommodations for those in high-risk populations.

Hotel/Restaurant Starting Monday, May 18, 2020, restaurants will be able to begin limited outdoor dining in addition to their take-out, delivery, and drive-through operations. Restaurants will be required to operate in accordance with new regulations, requiring, among other things: (1) dinning by reservation only in groups not to exceed five people; (2) table distancing; (3) employees must wear face coverings and all customers must wear face coverings when they

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 133

are not eating; and (4) closure of valet stations. Detailed Phase I guidance for restaurants is available at the Reopening RI webpage. As set forth there, the Rhode Island Department of Transportation has established a process by which a restaurant may apply for and obtain a permit to use a sidewalk along a state highway for outdoor seating/dining and allow parking along a state road in areas where it would normally not be permitted.

Under Phase II of Reopen RI, indoor dining is allowed at up to 50% capacity. In addition, bar seating is allowed with restrictions, guests should especially wear masks when not seated at their table, and businesses should provide hand sanitizer. Phase III guidance for restaurants and bars is now available at reopeningri.com.

Under Phase III, restaurants may host indoor dining (subject to applicable municipal approval) up to 66% capacity provided that spacing requirements set forth in the guidance can be maintained. Phase III guidance for bars provides three options for bar operations: (1) functioning bar work areas with no bar seating; (2) bar seating with no functioning bar work areas; and (3) functioning bar work areas and bar seating with a physical barrier. Reopening restaurants and bars should visit reopening.ri.com for more details in connection with Phase III reopening.

Face Mask Requirements?

Effective May 8, 2020: (1) any person in a place open to the public who cannot measurably maintain a distance of at least 6 feet from other people is required wear a mask or cloth covering unless doing so would damage his or her health; (2) all persons are required to wear masks or cloth face coverings at all times in grocery stores, pharmacies, or other retail stores; and (3) all persons are required to wear masks or cloth face coverings when providing or using any taxi, car, livery, ride-sharing, or similar service, any means of mass public transit, or while within an enclosed or semi-enclosed waiting area for same.

In addition, as set forth in a previous executive order, Rhode Island requires any employee of a customerfacing or office-based business (who is medically able) to wear a cloth face covering unless he or she is easily, continuously, and measurably able to maintain social distancing. All such employees must wear face coverings in business entrances, exits, and common areas. Customer-facing and office-based businesses must, at their own expense, provide employees with face coverings or materials with which to make face coverings. Employees may fashion their own cloth face masks.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 134

South Carolina Source of Information https://governor.sc.gov/sites/default/files/Documents/Executive-Orders/2020-0406%20eFILED%20Executive%20Order%20No.%202020-21%20%20Stay%20at%20Home%20or%20Work%20Order.pdf https://governor.sc.gov/sites/default/files/Documents/Executive-Orders/2020-0420%20eFILED%20Executive%20Order%20No.%202020-28%20%20Modification%20of%20Restrictions%20for%20Public%20Beaches%20%26%20Waters%20%26%20Increme ntal%20Modification%20of%20Non-Essential%20Business%20Closures.pdf https://governor.sc.gov//sites/default/files/Documents/Executive-Budget/2020-0427%20eFILED%20Executive%20Order%20No.%202020-29%20%20State%20of%20Emergency%20Due%20to%20COVID19%20Pandemic%20Response%20%26%20Other%20Measures.pdf https://governor.sc.gov/sites/default/files/Documents/Executive-Orders/2020-0503%20eFILED%20Executive%20Order%20No.%202020-31%20%20Modification%20of%20Home%20or%20Work%20Order%20%26%20Authorization%20of%20Outdoor%20Di ning%20Services.pdf https://governor.sc.gov/sites/default/files/Documents/Executive-Orders/2020-0508%20FILED%20Executive%20Order%20No.%202020-34%20%20Authorization%20of%20Limited%20Indoor%20Dining%20Services%20%26%20Rescission%20of%20Boatin g%20Restrictions.pdf https://governor.sc.gov/sites/default/files/Documents/Executive-Orders/2020-0515%20FILED%20Executive%20Order%20No.%202020-36%20%20Additional%20Incremental%20Modification%20of%20Non-Essential%20Business%20Closures.pdf https://governor.sc.gov/sites/default/files/Documents/2020-0521%20eFILED%20Executive%20Order%20No.%202020-37%20-%20Additional%20Modification%20of%20NonEssential%20Business%20Closures.pdf https://governor.sc.gov/sites/default/files/Documents/2020-0527%20eFILED%20Executive%20Order%20No.%202020-38%20%20State%20of%20Emergency%20to%20Facilitate%20Coordinated%20COVID19%20Pandemic%20Response.pdf https://governor.sc.gov/sites/default/files/Documents/2020-0611%20eFILED%20Executive%20Order%20No.%202020-40%20-%20State%20of%20Emergency.pdf https://governor.sc.gov/sites/default/files/Documents/2020-0711%20eFILED%20Executive%20Order%20No.%202020-45%20%20Temporary%20Restrictions%20re%20Alcoholic%20Beverages%20at%20Restaurants%20%26%20Bars.pdf https://governor.sc.gov/sites/default/files/Documents/2020-0802%20eFILED%20Executive%20Order%20No.%202020-50%20%20Initiating%20Additional%20Emergency%20Measures%20%26%20Consolidating%20Previous%20Orders.pdf

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 135

Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 20, South Carolina rolled back closures of certain retail businesses previously designated as nonessential, subject to occupancy, social distancing, and sanitation requirements.

On May 3, Executive Order 2020-31 rescinded the portion of Executive Order 2020-21 requiring persons to limit social interaction, practice social distancing, and limit their movement outside the home. EO 2020-31 now encourages rather than requires all persons to take these steps.

On May 15, Executive Order 2020-36 amended EOs 2020-18 and 2020-21 (as amended by EOs 2020-28, 2020-31, and 2020-35) to permit the resumption of public operation of recreational and athletic facilities and closecontact service providers. Such businesses should consider implementing reasonable steps to comply with applicable sanitation guidance promulgated by the CDC, DHEC, and any other state or federal public health officials, as well as corresponding industry guidelines.

On May 21, Executive Order 2020-37 amended EOs 2020-18 and 2020-21 (as amended by EOs 2020-28, 2020-31, and 2020-35) to permit the resumption of public operation of additional entertainment venues (arcades, tourist attractions, indoor children’s play areas, bingo halls, social clubs) and recreational and athletic facilities (close-contact sports, activities requiring shared sporting apparatus and equipment, and activities on commercial or public playground equipment). Such businesses should consider implementing reasonable steps to comply with applicable sanitation guidance promulgated by the CDC, DHEC, and any other state or federal public health officials, as well as corresponding industry guidelines.

On June 11, Executive Order 2020-40 rescinded the 50-person limit on in-person gatherings, permitting large gatherings to be held so long as public health guidelines are followed.

On August 3, Executive Order 2020-50 ordered that the total number of persons present at any gathering shall not exceed 50% of the location’s occupancy limit as determined by the fire marshal, or 250 persons, whichever is less. All persons attending such gatherings must wear face coverings as a condition of entry or participation.

The organizers or hosts or gatherings shall take reasonable steps to implement sanitation, social distancing, and hygiene guidelines promulgated by the CDC, DHEC, or any other state or federal public health officials, as well as any industry guidance, to limit exposure to and prevent the spread of COVID-19.

Definition of Essential Infrastructure/Business As of April 7, residents must limit their travel outside the home to working in essential businesses or doing essential activities. Essential activities include healthcare, obtaining supplies, religious activity, recreation, and caring for family. Non-essential businesses include entertainment facilities, recreational and athletic facilities, and close service providers (e.g., barber shops). The SC Department of Commerce may add to the list of non-essential businesses.

In defining essential businesses, which are permitted to continue in-person operations, South Carolina's order incorporates the sectors outlined in CISA 3.0.

Businesses also are limited to 5 customers per 1,000 feet of retail space or 20% of the occupancy limit, whichever is smaller.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 136

Transportation South Carolina incorporates the CISA 3.0 definition of essential businesses, including its definition of essential transportation operations. Support operations for such businesses are also included.

South Carolina Executive Order 2020-21 further exempts individuals operating commercial vehicles transporting essential goods and products, and individuals otherwise engaged in commercial transportation activities. Executive Order 2020-38 suspends the application and enforcement of state and federal rules and regulation pertaining to registration, permitting, length, width, weight, load, and hours of service for commercial vehicles operating in accordance with the Federal Motor Carrier Safety Administration’s May 13, 2020 Extension of Expanded Emergency Declaration No. 2020-002 (available here).

South Carolina Executive Order 2020-28 rescinded Executive Order 2020-16, thereby reopening public boat ramps, boat landings, and adjacent or associated parking lots.

Manufacturing South Carolina incorporates the CISA 3.0 definition of essential businesses, including its definition of essential manufacturing operations. Support operations for such businesses are also included.

Construction South Carolina incorporates the CISA 3.0 definition of essential businesses, including its definition of essential construction services. Support operations for such businesses are also included.

Retail South Carolina incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). Support operations for such businesses are also included.

South Carolina Executive Order 2020-21 further permits retail operations, subject to eight exceptions enumerated in Sec. (D)(4) of the order, subject to the following requirements: social distancing practices (businesses shall not knowingly allow customers, patrons, or other guests to congregate within 6 feet of one another, exclusive of family units); and sanitation (businesses shall implement all reasonable steps to comply with any applicable sanitation guidelines promulgated by the CDC, DHEC, or any other state or federal public health officials).

South Carolina Executive Order 2020-28 Sec. 2(A)(1) authorizes the following non-essential retail businesses to conduct retail operations: furniture and home-furnishings stores; clothing, shoe, and clothingaccessory stores; jewelry, luggage, and leather goods stores; department stores, with the exception of hardware and home-improvement stores; sporting goods stores; book, craft, and music stores; flea markets; and florists and flower stores. Such retail businesses must abide by the same social distancing requirements listed above.

South Carolina Executive Order 2020-40 Sec. 5(B) lifted all occupancy limits on retail stores, so long as such retail stores follow public health guidance.

Hotel/Restaurant South Carolina incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agricultural services (including restaurant carry-out and fast food). Support operations for such businesses are also included.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 137

South Carolina Executive Order 2020-31 permits restaurants to provide outdoor customer dining services effective May 4, 2020, in addition to previously authorized services for off-premises consumption. Restaurants that provide outdoor dining should consider and incorporate industry guidelines, in addition to implementing all reasonable steps to comply with any applicable sanitation guidelines promulgated by the CDC, DHEC, or any other state or federal public health officials.

On May 4, 2020, DEHC issued guidance to restaurants regarding outdoor dining services (available at https://scdhec.gov/infectious-diseases/viruses/coronavirus-disease-2019-covid-19/retail-food-serviceestablishments-covid-19). Restaurants should: screen employees for fever or other COVID-19 symptoms; advise diners to maintain 6 feet of distance and practice personal hygiene; advise diners not to enter if they have COVID19 symptoms; space tables a minimum of 8 feet from each other; limit tables to 8 people; eliminate gatherings in the building; and sanitize high-touch areas throughout the premises and surroundings, including tables and chairs after every seating.

On May 8, South Carolina Executive Order 2020-34 permitted restaurants to provide services for limited indoor, on-premises customer dining effective May 11, 2020. Restaurants provided on-premises dining should consider and incorporate industry guidelines published by the South Carolina Restaurant and Lodging Association, available at https://www.scrla.org/page/COVID_19, as well as any sanitation guidelines promulgated by CDC, DHEC, and any other state or federal public health officials.

On July 11, South Carolina Executive Order 2020-44 prohibited the sale of alcohol for on-premises consumption on the premises of all persons or businesses authorized to sell alcohol between the hours of 11:00 p.m. and 10:00 a.m. Noncompliance with the order constitutes grounds for suspension of a license or permit.

On August 3, Executive Order 2020-50 requires restaurants that offer on-premises or dine-in consumption to comply with all guidelines from the CDC, DHEC, or any other state or federal public health officials, as well as relevant industry guidance. All employees, customers, patrons, suppliers, vendors and other visitors must wear face coverings except while actively engaged in eating or drinking. The number of customers receiving indoor, dine-in service on the premises at any given time must not exceed 50% of the restaurant’s occupancy limit. Indoor and outdoor tables must be spaced at least six feet apart such that patrons are at least six feet away from any other party or group. Restaurants shall not permit patrons to congregate in bar areas, and must remove or arrange bar seating in a manner that ensures six feet of distance between parties. Restaurants must post signage informing all visitors that entry is prohibited for all persons who are experiencing COVID-19 symptoms or who have tested positive in the preceding 14 days. Restaurants must conduct pre-shift screening of each employee, which should include taking the employee’s temperature and inquiring about common symptoms. Restaurants must use approved sanitizing solutions for tables, chairs, check presenters, doorknobs, and other high-touch surfaces, and provide a cleaning station or alcohol-based hand sanitizer at each entry point. Restaurants shall discontinue selfservice buffets and food and beverage stations.

Any employees indicating symptoms, testing positive, or who have been in contact with someone who tested positive in the preceding 14 days should be excused and excluded. Restaurants should develop policies that encourage employees who are experiencing illness to stay home without fear of reprisal or adverse employment action. Restaurants should remove common-use condiments (and instead provide condiments on request), not place utensils (ideally single-use disposable utensils) on tables until after patrons are seated, utilize disposable paper menus or sanitize reusable menus after each use, should only use kiosks and touchscreens for employees if they can be sanitized between uses, and should encourage touchless payment options like credit cards with no signature requirement.

Face Mask Requirements?

South Carolina has not issued an order requiring residents or businesses to utilize face masks. Executive Order 2020-50 urged counties and municipalities to enact and implement appropriate and narrowly-tailored emergency ordinances, orders, or other measures requiring individuals to wear face coverings in public settings where they are, will be, or reasonably could be located within close proximity to others and where it is not feasible

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 138

to maintain six feet of social distancing. Persons attending gatherings must wear face coverings. Persons present in state government offices, buildings, and facilities also must wear face coverings.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 139

South Dakota Source of Information https://doh.sd.gov/documents/news/COVID_business_QA.pdf https://doh.sd.gov/news/Coronavirus.aspx#business https://sdsos.gov/general-information/executive-actions/executive-orders/assets/2020-20.PDF https://covid.sd.gov/docs/2020-26.pdf https://covid.sd.gov/docs/2020-30.pdf https://news.sd.gov/newsitem.aspx?id=27113 https://doe.sd.gov/coronavirus/parents.aspx https://news.sd.gov/newsitem.aspx?id=27264 Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 28, South Dakota issued Executive Order 2020-20, implementing its “Back to Normal Plan” detailing expectations for individuals, businesses, schools, health care providers, and local governments to return to normal operations while accounting for the uncertainties of the Coronavirus pandemic. Local governments must follow the plan for their respective jurisdictions.

South Dakota’s limited stay-at-home order for two counties—Minnehaha and Lincoln—lapsed on May 11.

The Governor reminded residents of those populations that they can stay home if they need to, and can continue to practice social distancing.

On July 7, 2020, the governor again extended South Dakota’s state of emergency by executive order until December 30, 2020, unless sooner terminated or extended.

The “Back to Normal Plan” encourages all individuals to practice good hygiene, stay home when sick, and practice physical distancing as appropriate. Vulnerable individuals should practice good hygiene, avoid those who are sick or who have been exposed to those are sick, and consider staying home whenever possible.

All employers should encourage good hygiene and sanitation practices, especially in high-traffic areas; encourage employees to stay home when sick; begin transitioning employees from telework to the workplace; and screen employees for symptoms prior to entering the workplace as appropriate.

Enclosed retail businesses (such as restaurants, bars, breweries, cafés, casinos, coffee shops, recreational and athletic facilities, health clubs, or entertainment venues) should resume operations in a manner that allows for reasonable physical distancing, good hygiene, and appropriate sanitation, and consider restricting occupancy.

On July 31, the Governor announced that children in South Dakota are to return to classrooms in the fall. “[O]ne of South Dakota’s largest school districts self-reported that they lost contact with as many as 30% of their

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 140

students when [education] went online,” the Governor expressed in a state news item, urging South Dakotans to remember that reopening schools will impact not just children, but also the teachers, administrators, and support staff that work there.

The South Dakota Department of Education has developed a toolkit to help families prepare for the 202021 school year. The toolkit provides information about how schools and classrooms might look different with COVID19 precautions in place, how parents can monitor their children for symptoms, teach their children healthy hygiene habits, talk with them about COVID-19, and develop a plan for what to do if someone in the household gets sick.

There are also resources available in multiple languages.

On September 9, the Governor laid out a framework for up to $400 million in relief to South Dakota small businesses negatively impacted by the COVID-19 pandemic. Under Governor Noem’s proposal, businesses would qualify for this grant if they are located in South Dakota, have at least $50,000 in gross revenue in 2019, and have had a reduction in business of at least 25% between March and May as a result of COVID-19. The calculation for “reduction in business” can be found here. The proposed application period for the program would open on October 12 and close on October 23. Grants would be rewarded once all applications are received. Following the initial reward period, a second allocation of funds would be considered if additional funds are still available. Under current federal law, all funds must be distributed by December 30, 2020. Grants would be awarded up to $100,000 per qualifying business.

Definition of Essential Infrastructure/Business South Dakota did not issue an order regarding essential services or essential businesses. There is no specific order in place at this time, beyond the CDC recommendations. However, the state has provided a Q&A for businesses, and the Governor did activate the small business emergency loan program. The Small Business Relief Fund is no longer accepting applications, but provided 200 loans in the amount of $10.5 million to businesses in South Dakota.

Transportation Under South Dakota’s “Back to Normal Plan,” transportation businesses should encourage good hygiene and sanitation practices, especially in high-traffic areas; encourage employees to stay home when sick; begin transitioning employees from telework to the workplace; and screen employees for symptoms prior to entering the workplace as appropriate.

Manufacturing Under South Dakota’s “Back to Normal Plan,” manufacturing businesses should encourage good hygiene and sanitation practices, especially in high-traffic areas; encourage employees to stay home when sick; begin transitioning employees from telework to the workplace; and screen employees for symptoms prior to entering the workplace as appropriate.

Construction Under South Dakota’s “Back to Normal Plan,” construction businesses should encourage good hygiene and sanitation practices, especially in high-traffic areas; encourage employees to stay home when sick; begin transitioning employees from telework to the workplace; and screen employees for symptoms prior to entering the workplace as appropriate.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 141

Retail Under South Dakota’s “Back to Normal Plan,” retail businesses should encourage good hygiene and sanitation practices, especially in high-traffic areas; encourage employees to stay home when sick; begin transitioning employees from telework to the workplace; and screen employees for symptoms prior to entering the workplace as appropriate.

Hotel/Restaurant South Dakota’s “Back to Normal Plan” encourages restaurants, bars, breweries, cafés, and coffee shops to resume operations in a manner that allows for reasonable physical distancing, good hygiene, and appropriate sanitation. Such businesses should also consider restricting occupancy.

Under Executive Order 20-20, the statutory provision of SDCL 35-2-24 governing the non-renewal of alcoholic beverage licenses for delinquent state and local taxes has been temporarily suspended. This suspension is effective immediately and will continue for the duration of the state of emergency in South Dakota.

Face Mask Requirements?

South Dakota has not issued an order requiring residents or businesses to utilize face masks.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 142

Tennessee Source of Information https://www.tn.gov/governor/covid-19/economic-recovery.html https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee38.pdf https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee50.pdf https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee54.pdf https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee59.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 20, Tennessee announced that its stay-at-home order will expire on April 30, permitting most businesses in 89 of Tennessee’s 95 counties to reopen on May 1. Tennessee’s Economic Recovery Group will craft guidance to assist businesses in a safe reopening. Shelby, Madison, Davidson, Hamilton, Knox, and Sullivan Counties will plan their own reopening strategies. Economic Recovery Group guidelines may be found at https://www.tn.gov/governor/covid-19/economic-recovery.html. Guidelines are directed at employers and employees, and are separated into general businesses, retail businesses, and restaurants.

Tennessee Executive Order 30, effective April 29 through May 29, supersedes Tennessee’s stay-at-home order and encourages persons to return to work. Businesses are encouraged to equip, encourage, and allow or require employees to work from home as possible. Business are expected to operate in accordance with health guidelines and the Economic Recovery Group guidelines available at https://www.tn.gov/governor/covid19/economic-recovery.html. Persons with COVID-19 must stay home, and employers shall not require or allow them to work.

Shelby, Madison, Davidson, Hamilton, Knox, and Sullivan Counties have authority to issue additional orders or measures which may permit to a greater degree, or restrict to a greater degree, the opening, closure, or operations of businesses, organizations, and venues in those counties.

On May 22, the Governor issued Executive Order 38 encouraging persons and businesses to return to work. Executive Order 38 supersedes Executive Orders 30, 33, and 35. Employers and employees should, to the greatest extent practicable, follow the applicable operational guidelines issued by the Economic Recovery Group.

Persons should maintain six feet of separation from persons outside their household to the greatest extent practicable. Gatherings of 50 or more persons for purposes of social and recreational activities are discouraged, except where persons are in separate, otherwise permissible smaller groups that maintain six feet of separation from other persons or separate groups. Contact sports and activities continue to be prohibited, except collegiate and professional sports conducted in accordance with the rules or guidelines of their respective governing bodies.

All persons are encouraged to continue to stay home and to minimize in-person contact with persons not in the same household. On June 29, Tennessee issued Executive Order 50 to extend Executive Order 38 to August 29, 2020. On June 29, the Governor issued Executive Order 50, extending the effective date of Executive Order 38 to August 29.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 143

On August 28, 2020, Gov. Lee extended Executive Order 38 (as amended by EOs 49 and 55) through September 30, 2020.

Definition of Essential Infrastructure/Business Tennessee Executive Order 30 encourages most business to resume operations, consistent with the Economic Recovery Group guidelines available at https://www.tn.gov/governor/covid-19/economic-recovery.html.

Entertainment businesses must remain closed, including bars, night clubs, and live performance venues (except limited service restaurants which may operate according to the Economic Recovery Group guidelines available at https://www.tn.gov/governor/covid-19/economic-recovery/restaurant-guidelines.html); bowling alleys; arcades; concert venues; sporting event venues; theaters, auditoriums, performing arts centers, and similar facilities; racetracks; indoor children’s play areas; adult entertainment venues; amusement parks; senior centers or equivalent facilities; and roller or ice skating rinks.

Tennessee Executive Order 33 permits “close-contact” businesses to resume operations as of May 6, 2020.

Close-contact businesses must comply with sector-specific guidelines promulgated by the Economic Recovery Group (see https://www.tn.gov/governor/covid-19/economic-recovery/close-contact-business-guidelines.html.)

Transportation Transportation businesses should abide by the Economic Recovery Group’s general business guidelines.

Employers should screen employees reporting to work for COVID-19 symptoms; direct any employees exhibiting COVID-19 symptoms to leave the premises and seek medical care; implement workplace cleaning and disinfection practices per CDC guidelines; implement social distancing and modify scheduling to mitigate workplace exposure; allow employees to work from home as much as possible; plan for potential COVID-19 cases and work with local health departments as needed; become familiar with rights and responsibilities under the Families First Coronavirus Response Act; update the employee illness policy and receive employee signatures; limit self-service options; and post extensive signage on health policies.

Employees should remain home when feeling ill; increase hygiene practices; wear cloth face coverings while at work and in public; practice recommended social distancing; and abide by employer-established guidelines.

Manufacturing Manufacturing businesses should abide by the Economic Recovery Group’s general business guidelines.

Employers should screen employees reporting to work for COVID-19 symptoms; direct any employees exhibiting COVID-19 symptoms to leave the premises and seek medical care; implement workplace cleaning and disinfection practices per CDC guidelines; implement social distancing and modify scheduling to mitigate workplace exposure; allow employees to work from home as much as possible; plan for potential COVID-19 cases and work with local health departments as needed; become familiar with rights and responsibilities under the Families First Coronavirus Response Act; update the employee illness policy and receive employee signatures; limit self-service options; and post extensive signage on health policies.

Employees should remain home when feeling ill; increase hygiene practices; wear cloth face coverings while at work and in public; practice recommended social distancing; and abide by employer-established guidelines.

Construction Construction businesses should abide by the Economic Recovery Group’s general business guidelines.

Employers should screen employees reporting to work for COVID-19 symptoms; direct any employees exhibiting COVID-19 symptoms to leave the premises and seek medical care; implement workplace cleaning and disinfection practices per CDC guidelines; implement social distancing and modify scheduling to mitigate workplace exposure;

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 144

allow employees to work from home as much as possible; plan for potential COVID-19 cases and work with local health departments as needed; become familiar with rights and responsibilities under the Families First Coronavirus Response Act; update the employee illness policy and receive employee signatures; limit self-service options; and post extensive signage on health policies.

Employees should remain home when feeling ill; increase hygiene practices; wear cloth face coverings while at work and in public; practice recommended social distancing; and abide by employer-established guidelines.

Retail Retail businesses should abide by the Economic Recovery Group’s retail guidelines.

To protect employees, employers should require staff to wear face coverings; providing training on personal protective equipment based on CDC guidelines; providing a sanitizing station; stagger shifts, breaks, and meals in compliance with wage and hour laws and regulations, to maintain social distancing; provide regular updates and training for employees about COVID-19 mitigation and store safeguards based on CDC guidelines; require all employees to report any illness, or positive COVID-19 case in their household, to a supervisor; and prohibit congregation in break rooms or common areas, limiting capacity of such areas to allow for safe social distancing.

To protect customers, employers should limit the number of customers inside a store at a given time to 50 percent or less of the premises occupancy (not including employees and third-party delivery personnel); encourage customers to wear face coverings; consider dedicated shopping hours or appointments for at-risk groups; establish one-way aisles and traffic patterns for social distancing; increase curbside, pickup, and delivery service options; assign dedicated staff to prompt customers regarding the importance of social distancing; and add social distancing reminder signs, stickers, floor decals, and announcements.

Retailers should also enact business process adaptations, including establishing enhanced cleaning protocols pursuant to CDC guidelines; using a clearly designated entrance and a separate clearly designated exit to maintain social distancing; use plastic shields or barriers between customers and clerks at service counters, and clean them frequently; adjust store hours to allow for enhanced cleaning; prohibit use of reusable bags; suspend sampling of food and personal hygiene products; task management-level employees within a store to monitor compliance.

Hotel/Restaurant Tennessee Order No. 22 further exempts hotels, motels, lodges, dormitories, and short-term rentals, to the extent used for lodging and delivery or carry-out food and beverage services.

Beginning April 27, restaurants are permitted to resume on-site dining. Restaurants should abide by the Economic Recovery Group’s restaurant guidelines. To protect employees, restaurants should follow sanitation frequency guidance contained in Economic Recovery Group guidance; have individually-dedicated face coverings and gloves to be worn by all employees at all times; require all employees to report any illness, or positive COVID19 case in their household, to a supervisor; and provide ServSafe COVID-19 training for all food handlers as soon as possible. To protect restaurant consumers, restaurants should limit the number of customers to 50% of seating capacity; space tables at least 6 feet apart; limit tables to no more than 6 guests per table; mark indoor or outdoor waiting areas so that social distancing standards are met; close bar areas; do not permit live music; and screen customers for illness upon entry into the restaurant (either by temperature checks or via symptom questions).

Restaurants should also enact business process adaptations as set forth by the Economic Recovery Group, including placing hand sanitizer stations in restaurant lobbies, bathrooms, and cashier stations; sanitize all front-ofhouse contact surfaces (door handles, screens, phones, pens, keyboards, etc.) a minimum of every 2 hours; use menus that are disposable or may be sanitized between uses; use rolled silverware/napkins stored in sealed bins, requiring staff to use gloves while rolling silverware); sanitize all tabletop items and each table turn (or use

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 145

disposables); sanitize chairs after each table turn; and do not offer self-serve, condiments on a counter for use by multiple tables or beverage station re-use.

Executive Order 30 permits restaurants to sell alcoholic beverages and beer during current operating hours via take-out or delivery for consumption off the premises, so long as the beverage is accompanied by the sale of food in the same order and packaged in a container with a secure lid preventing consumption without removal of such lid. Bottles of spirits or liquor may not be sold by restaurants. Restaurants engaging in such sales must prominently post a warning including language from Tennessee’s open container laws, Tenn. Code. Ann. § 55-10416. Restaurants may not sell alcoholic beverages to persons under 21 years of age, nor persons who are visibly intoxicated. Employees providing or delivery alcoholic beverages must visually inspect a valid government identification to confirm the consumer’s age. Employees providing or delivery alcoholic beverages must be 21 years of age or older.

Hotel and accommodation businesses should comply with the Economic Recovery Group’s Lodging and Accommodations guidelines. To protect employees, hotel staff should wear face coverings and other PPE as recommended by the CDC; provide regular training to employees on PPE based on CDC guidelines; provide hand sanitizing stations in staff areas such as wash stations with soap and/or hand sanitizer; stagger staff shifts, breaks, and meals in compliance with wage and hour laws and regulations to maintain social distancing; provide regular updates and training for employees about personal COVID-19 mitigation and safeguards; screen all employees reporting to work for COVID-19 symptoms (including, as a best practice, taking employee temperature on-site with a no-touch thermometer); require all employees to report any illness, or positive COVID-19 case in their household, to a supervisor; prohibit congregation in break rooms or common areas, limiting capacity of such areas to allow for safe social distancing; and post extensive signage on health policies. To protect consumers, staff should reinforce social distancing in all common areas (by marking all indoor or outdoor lobbies so that social distancing standards are achieved); limit the number of guests to 50% capacity for all common seating areas and meeting rooms; limit self-service options; create and distribute a welcome letter that explains current service and amenity adjustments and expected employee and guest interactions; and maintain appropriate inventory of OSHA/CDC-recommended chemicals and cleaning products for COVID-19.

Hotel and accommodation businesses should also implement business process adaptations, including establishing enhanced cleaning protocols that follow CDC/OSHA guidelines as to common areas, high traffic areas, high touch surfaces, and guest areas/rooms, as set forth by the Economic Recovery Group.

Face Mask Requirements?

Tennessee’s Economic Recovery Group guidelines require employees to wear face coverings while at work and in public. Executive Order 30 encourages persons, including employees, to wear cloth face coverings in public settings where close proximity to others is anticipated.

Tennessee Executive Order 54 permits the county mayors of all Tennessee counties that do not have a locally run county health department to issue orders requiring or recommending the wearing of face coverings within their jurisdictions. The Order provides that local orders may not require persons to wear masks in certain exempted circumstances, including when working under conditions where appropriate social distancing from others outside of the person's household is substantially maintained.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 146

Texas Source of Information https://gov.texas.gov/news/post/governor-abbott-issues-executive-order-implementing-essential-services-andactivities-protocols https://gov.texas.gov/uploads/files/press/EO-GA-18_expanded_reopening_of_services_COVID-19.pdf https://open.texas.gov/ https://texaslodging.com/coronavirus2020/ https://gov.texas.gov/uploads/files/press/EO-GA-28_targeted_response_to_reopening_COVID-19.pdf https://www.texastribune.org/2020/06/26/texas-bars-restaurants-coronavirus-greg-abbott/ https://gov.texas.gov/news/post/governor-abbott-extends-disaster-declaration-4 https://gov.texas.gov/uploads/files/press/EO-GA-29-use-of-face-coverings-during-COVID-19-IMAGE-07-022020.pdf https://gov.texas.gov/uploads/files/press/DISASTER_amending_GA-27_adding_more_counties.pdf https://gov.texas.gov/news/post/governor-abbott-lt-governor-patrick-speaker-bonnen-chairman-taylor-chairmanhuberty-release-statement-on-school-re-openings https://gov.texas.gov/uploads/files/press/DISASTER_renewing_covid19_disaster_proclamation_IMAGE_08-082020.pdf https://gov.texas.gov/uploads/files/press/DISASTER_renewing_covid19_disaster_proclamation_IMAGE_09-072020.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 17, the Texas Governor signed an executive order creating the Governor's Strike Force to Open Texas. Its purpose is to study and make recommendations, in consultation with state health officials, for revitalizing Texas's economy during recovery from COVID-19. The Strike Force will make recommendations to safely ease restrictions on Texas businesses. Strike Force recommendations should be immediate and ongoing, considering the expiration of the stay-home order on April 30.

On April 27, the Governor issued Executive Order GA-18, which sets out a phased approach to opening Texas businesses. For the safety of Texans, and consistent with the advice of medical professionals and CDC guidance, not all businesses can open at once. This order supersedes local orders, which previously directed businesses remain closed. These reopenings are optional. If a business wishes to stay closed, they may do so.

On Wednesday, June 3, the state entered Phase III to Open Texas. Under Phase III, effective immediately, all businesses in Texas will be able to operate at up to 50% capacity, with certain exceptions.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 147

As of Wednesday, June 3, office-based employers may operate their offices with up to the greater of 10 individuals or 50% of the total office occupancy, provided the individuals maintain appropriate social distancing.

These businesses will need to meet the required guidelines outlined by the Task Force, which has released Minimum Standard Health Protocols (i.e., checklists) for office-based employers that detail best practices for reopening.

In response to a surge of cases, on Friday, June 26, the Governor issued Executive Order GA-28, reversing certain state-wide reopenings. Bars and similar establishments are now closed, and restaurant capacity has been scaled back from 75% to 50%. Outdoor gatherings of more than 100 people now require approval by local officials.

On Thursday, July 2, the Governor issued Executive Order GA-29, requiring all Texans to wear a face covering over the nose and mouth in public spaces, with certain exceptions, in counties with 20 or more positive COVID-19 cases. The “Open Texas” checklists, which detail best practices for reopening various types of businesses, have been updated consistent with this order. Exceptions to the statewide mask order include those younger than 10 years of age, people with medical conditions that prevent the wearing of a face covering, and those exercising outdoors. First-time violators will receive a verbal or written warning, and subsequent violations will be punishable by fines up to $250 per violation.

On Thursday, July 9, the Governor issued a proclamation suspending elective surgeries and procedures in hospitals in all counties located within 11 Trauma Service Areas (TSAs) in Texas. The new proclamation amends the Governor’s previous executive order that included Cameron, Hidalgo, Nueces, Webb, Bexar, Dallas, Harris, and Travis counties.

On Friday, July 31, state officials release a statement on school reopenings in Texas that reaffirms that authority to make decisions about when and how schools will safely reopen rests with local school boards. School boards have up to a 4-week back to school transition period during which they can offer a solely remote instructional setting if that is deemed needed for the health and safety of students, teachers, staff, and parents. After four weeks, the school district can extend the transition period up to another four weeks with a vote of the school board and receiving a waiver. If any school district believes they need an extension beyond eight weeks due to COVID-19 related issues, the Texas Education Agency will review that request on a case-by-case basis.

If at any time during the school year a COVID-19 case is confirmed on a school campus, the school board has the ability to close the campus for up to five days to sanitize the campus. Schools that close under this scenario will continue to be funded for providing remote-only instruction. Local school boards also have the flexibility to achieve health and safety goals by offering alternating on-campus/remote instruction for high school students in order to reduce the number of students in campus buildings at one time.

On Saturday, August 8, the Governor extended Texas’s disaster declaration for all counties in response to COVID-19. Originally issued on March 13, the disaster declaration provides the state a variety of resources to effectively serve Texans as the state continues to mitigate the spread of COVID-19.

On Monday, September 7, the Governor again extended Texas’s disaster declaration for all counties in response to COVID-19. Originally issued on March 13, the disaster declaration provides a variety of resources as the state continues to mitigate the spread of COVID-19.

Definition of Essential Infrastructure/Business Every person shall minimize in-person contact except to provide or obtain essential services. Essential services consists of the 16 critical infrastructure sectors identified by CISA 3.0, plus religious services conducted in churches, congregations, and houses of worship. Other essential services may be added with the approval of the Texas Division of Emergency Management. Essential services should be provided through remote telework from home unless they cannot be provided through remote telework. The order does not prohibit people from accessing essential services or engaging in essential daily activities as long as in-person contact is minimized.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 148

Transportation Texas incorporates the CISA 3.0 definition of essential businesses, including its definition of essential transportation operations. Support operations for such businesses are also included.

Manufacturing Texas incorporates the CISA 3.0 definition of essential businesses, including its definition of essential manufacturing operations. Support operations for such businesses are also included.

As of Wednesday, June 3, non-essential manufacturing facilities may operate up to 50% of the facility’s total listed occupancy. These facilities will need to meet the required guidelines outlined by the Task Force, which has released Minimum Standard Health Protocols (i.e. checklists) for non-essential manufacturers that detail best practices for reopening.

Construction Texas incorporates the CISA 3.0 definition of essential businesses, including its definition of essential construction services. Support operations for such businesses are also included.

Retail Texas incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). Support operations for such businesses are also included.

As of Wednesday, June 3, retailers, movie theaters, malls, museums, libraries, and fine arts performance halls may operate at 50% capacity. These businesses will need to meet the required guidelines outlined by the Task Force.

As of Friday, May 8, barbershops, hair and nail salons, tanning salons, and other cosmetology-related businesses may open, provided they can ensure at least 6 feet social distancing between operating workstations.

These businesses will need to meet the required guidelines outlined by the Task Force, which has released Minimum Standard Health Protocols (i.e. checklists) for each type of business that detail best practices for reopening.

As of Wednesday, June 3, gyms and exercise facilities may operate at up to 50% of their total listed occupancies. Employees and contractors of the gym or exercise facility are not counted towards the 50% occupancy. These businesses will need to meet the required guidelines outlined by the Task Force, which has released Minimum Standard Health Protocols (i.e. checklists) for gyms and exercise facilities that detail best practices for reopening.

Hotel/Restaurant Texas incorporates the CISA 3.0 definition of essential businesses, including its definition of essential food and agricultural services (including restaurant carry-out and fast food). Support operations for such businesses are also included.

As of the reopening reversal on Friday, June 26, restaurants may operate dine-in services at 50% of the restaurant’s total listed capacity. This only applies to restaurants that have less than 51% of their gross receipts from the sale of alcohol. All persons and businesses should follow health protocols recommended by Texas's Department of State Health Services (social distancing, good hygiene, environmental cleanliness, and sanitation).

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 149

As of the reopening reversal on Friday, June 26, bars or similar establishments have been ordered closed, except for drive-thru, pickup, or delivery options for food and drinks as authorized by the Texas Alcoholic Beverage Commission. For these purposes, bars or similar establishments are establishments with a permit from the Texas Alcoholic Beverage Commission that are not otherwise considered restaurants.

Hotels may operate according to the various occupancy limits that apply to, for instance: indoor meeting and event space, restaurants, and swimming pools (50%). Bars have been ordered closed. Hotels must follow the rule that requires approval from local officials for outdoor gatherings of more than 100 people. Hotels operators are encouraged to visit the national “Stay Safe” guidelines on hotel operations, accessible online via the Texas Hotel & Lodging Association’s website.

Face Mask Requirements?

On Thursday, July 2, the Governor issued Executive Order GA-29, requiring all Texans to wear a face covering over the nose and mouth in public spaces, with certain exceptions, in counties with 20 or more positive COVID-19 cases. The “Open Texas” checklists, which detail best practices for reopening various types of businesses, have been updated consistent with this order. Exceptions to the statewide mask order include those younger than 10 years of age, people with medical conditions that prevent the wearing of a face covering, and those exercising outdoors. First-time violators will receive a verbal or written warning, and subsequent violations will be punishable by fines up to $250 per violation.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 150

Utah Source of Information https://coronavirus-download.utah.gov/Governor/Utah_Leads_Together_Version_4.0_061720.pdf https://rules.utah.gov/wp-content/uploads/Utah-Executive-Order-No.-54.pdf https://coronavirus-download.utah.gov/Health/Utah_Phased_Guidelines.pdf https://coronavirus-download.utah.gov/Governor/UPHO-2020-10-State-Public-Health-Order-Masks-in-Schools.pdf https://rules.utah.gov/wp-content/uploads/Utah-Executive-Order-No.-59.pdf https://rules.utah.gov/wp-content/uploads/Utah-Executive-Order-No.-60.pdf https://rules.utah.gov/wp-content/uploads/Utah-Executive-Order-No.-62.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart “Utah Leads Together” is Utah’s phased recovery plan. The plan, authored by the Economic Response Task Force, is aimed primarily at state and local government officials. It encourages officials to develop a “Seal of Approval” system for businesses that are trained and comply with health protocols to display publicly. It also encourages officials to relax business regulations, including advertising for restaurants.

The plan provides that Utah will provide specific direction to residents and businesses through a colorcoded health guidance system consisting of “High,” “Moderate,” “Low,” and “New Normal” risks. The level of business and personal restrictions in place (e.g., prohibitions on gatherings, limited food service, personal care service closures) will vary in accordance with the level of risk. This health guidance system will vary by location.

Each level of the plan requires Utah residents to practice common sense and personal responsibility, engage in protective hygiene and cleaning, and follow health guidance. High-risk populations must observe further instructions to be issued by the Utah Department of Health.

On September 4, 2020, Utah affirmed version 4.11 of the Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation which is an addendum to Utah Leads Together Version 4.0 and an executive order making the update enforceable. The Governor, on September 114, 2020, in Executive Order 2020-6260, stated the current Public Health Risk status is for Salt Lake City, GreenOrange – Minimal Level of Restriction Moderate Risk; for Beaver, Box Elder, Carbon, Dagget, Duchesne, Emery, Garfield, Kane, Millard, Piute, Sevier, Uintah, and Wayne Counties, Green – Normal Risk; and in all other counties Yellow – Low Risk. Included in the guidelines are general guidelines for employers that offer best practices for employers including cleaning and hygiene guidelines, and recommendations for employers to monitoring symptoms.

Definition of Essential Businesses Individuals and businesses are directed to comply with Utah’s updated Phased Guidelines Version 4.11 based on their counties declared Public Health Risk Status. These include scaled hygiene standards, social interaction and social distancing standards, etc.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 151

Transportation Utah’s business guidelines, have no specific requirements for transportation businesses. Under the general “Low Risk” guidelines, employees are encouraged to allow for flexible working arrangements (rotating shifts, remote work, etc.), to comply with distancing guidelines of 6-feet, increase cleaning of high-touch areas, and monitor employees for symptoms and well-being. Under the general “Moderate Risk” guidelines, employers must follow strict hygiene and reduced group interactions protocols. Such businesses should exercise caution, allow employees to work remotely, evaluate workforce concerns, and enact strategies to minimize economic impact. Businesses that necessitate on-site work should monitor workforce for symptoms and well-being.

Manufacturing Utah’s “Low Risk” business guidelines recommend that manufacturing businesses in addition to all standard employer guidelines, ensure nobody with symptoms enters the job site, provide additional hand washing stations; wear face coverings and gloves and disinfect high-touch surfaces frequently.

Utah’s “Moderate Risk” business guidelines recommend that manufacturers in addition to all standard employee guidelines, should engage in strict hygiene, reduce group interactions, and monitor symptoms of staff.

The guidelines additionally include that employers provide additional hand washing stations, that employees must wear face coverings and gloves, frequently clean high-touch surfaces and tools, and share estimates, invoices, and other documentation electronically.

Construction Utah’s “Low Risk” business guidelines recommend that constructions businesses in addition to all standard employer guidelines, ensure nobody with symptoms enters the job site, provide additional hand washing stations; wear face coverings and gloves and disinfect high-touch surfaces frequently.

Utah’s “Moderate Risk” business guidelines recommend that constructions businesses in addition to all standard employee guidelines, should engage in strict hygiene, reduce group interactions, and monitor symptoms of staff. The guidelines additionally include that employers provide additional handwashing stations, that employees must wear face coverings and gloves, frequently clean high-touch surfaces and tools, and share estimates, invoices, and other documentation electronically.

Retail Utah’s “Low Risk” business guidelines recommend that retailers (including grocery stores) in addition to all standard employer guidelines, exercise discernment, establish principles for safe environment and public trust.

Monitor employees for symptoms and encourage face coverings for any interactions taking place within 6 feet.

Utah’s “Moderate Risk” business guidelines recommend that retailers (including grocery stores) in addition to all standard employee guidelines, should create a safe environment for customers and staff, post frequent reminders on distancing and hygiene, monitor employees for symptoms, and require customers and employees to wear face coverings. Additionally the maximum number of patrons must be limited to allow 6-foot distances between patrons and employees.

Hotel/Restaurant Utah’s “Low Risk” business guidelines recommend that restaurants and bars, in addition to all standard employer guidelines, may open for dine-in service with tables arranged so there is appropriate distance between diners and with increased hygiene practices for customers and staff.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 152

Utah’s “Moderate Risk” business guidelines recommend that restaurants in addition to all standard employee guidelines, should encourage pick-up/takeout/delivery, exercise extreme caution in food preparation, maintain physical distance, encourage contactless payment, and create a safe environment for staff. Dine-in services are allowed with extreme precautions, following strict guidelines regarding physical distancing and staff monitoring. Contactless payment is encouraged.

Utah’s “Low Risk” business guidelines recommend that in addition to all standard employee guidelines, hotels should-take precautions with shared spaces and additional caution with extra sanitation of all areas of the property. Staff and guests should wear face covering in settings where social distancing measures are difficult to maintain; maintain signage to remind groups to follow social distancing guidelines; launder all exposed linens and cleaning supplies separately; pools, fitness centers, and restaurants may open under additional restrictions.

Utah’s “Moderate Risk” business guidelines recommend that in addition to all standard employee guidelines, hotels should take extreme precautions for staff and guests. Staff and guests should wear face coverings, hotels should decrease housekeeping services to prevent transmission between rooms during guest stays, when possible rooms should remain vacant for 48 hours after check-out, maintain social distancing in all common areas, and maintain signage to remind groups to stand at least 6 feet apart.

Face Mask Requirements?

Executive Order No. 2020-59 extends required face covering in any state facility until modified or rescinded.

Additionally the current phased guidelines Version 4.11 make a face-covering a requirement through September 18, 2020 for all employees of businesses unable to maintain a distance of six feet from another individual. The order further requires face-covering for all individuals in the healthcare setting. Face-coverings are strongly recommended for all others.

Utah’s Department of Health has passed a Public Health Order requiring face coverings be worn on school properties through December 31, 2020.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 153

Vermont Source of Information https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%2010%20TO%20EXECUTIVE%20ORDE R%2001-20_0.pdf https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%206%20TO%20EXECUTIVE%20ORDER %2001-20.pdf https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%209%20TO%20EXECUTIVE%20ORDER %2001-20.pdf https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%205%20TO%20EXECUTIVE%20ORDER %2001-20.pdf https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%204%20TO%20EXECUTIVE%20ORDER %2001-20.pdf https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%2011%20TO%20EXECUTIVE%20ORDE R%2001-20.pdf https://accd.vermont.gov/news/update-new-work-safe-additions-stay-home-stay-safe-order https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%2012%20TO%20EXECUTIVE%20ORDE R%2001-20%20.pdf https://governor.vermont.gov/sites/scott/files/documents/AMENDMENT%20TO%20ADDENDUM%206%20TO%2 0EXECUTIVE%20ORDER%2001-20.pdf https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%2014%20TO%20EXECUTIVE%20ORDE R%2001-20.pdf https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%2015%20TO%20EXECUTIVE%20ORDE R%2001-20.pdf https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%2016%20TO%20EXECUTIVE%20ORDE R%2001-20.pdf https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%202%20TO%20AMENDED%20AND%20 RESTATED%20EXECUTIVE%20ORDER%20NO.%2001-20.pdf https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%203%20TO%20AMENDED%20AND%20 RESTATED%20EXECUTIVE%20ORDER%2001-20.pdf Dates Stay at Home Order in Effect Effective 3/25/20 – 06/15/20

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 154

Orders / Plans for Restart Addendum 11 to Vermont Executive Order 01-20 sets out requirements for Vermont’s phased reopening of its economy. Businesses, non-profits, and governmental entities must abide by health and safety requirements developed by the Vermont Department of Health, Centers for Disease Control, and Agency of Commerce and Community Development (ACCD) (Sec. 1(a)-(l)).

Addendum 12 to Vermont Executive Order 01-21 requires employers to provide employees with health and safety training promulgated by the Vermont Occupational Safety and Health Agency (VOSHA), and document such provision of training, no later than May 4, 2020. Employers should augment VOSHA guidance to accommodate the specific needs of their industry. The ACCD shall provide guidance and examples for developing such plans.

Businesses with fewer than 10 employees may elect to implement the VOSHA training.

The May 13 Amendment to Addendum 6 to Executive Order 01-20 permits the ACCD, as of May 18, to issue mitigation requirements and procedures for the limited, incremental and phased resumption of business operations previously determined to be non-critical. Requirements and procedures shall include occupancy limits, physical distancing, health, sanitation, and training measures. This phased resumption shall begin with nonessential retail. The Commissioner of the Vermont Department of Health may order businesses that do not operate in a way to limit exposure of consumers and staff to COVID-19 to return to certain standards of operation. Existing executive orders prohibiting on-premises consumption of food or drink and operation of close-contact businesses remain in effect.

The May 15 Addendum 14 to Executive Order 01-20 amended Addendum 6 to permit additional travel to patronize critical and resumed businesses, and for limited social interactions and gatherings of 10 or fewer people.

Vermonters should continue to observe social distancing and hygiene.

The May 29 Addendum 16 to Executive Order 01-20 permitted social interactions and gatherings of 25 or fewer people, except that where the ACCD established occupancy limits for businesses, non-profits, and government entities, such limits shall apply.

The August 14 Addendum 3 to Executive Order 01-20 permitted legislative bodies in each city and down to enact local gathering size limitations that are more restrictive than those established by Vermont.

Definition of Essential Infrastructure/Business Vermont’s Executive Order 01-20 contains numerous addenda governing what businesses can remain open. Addendum 4 started with prohibiting on-premises consumption of food or drink, gymnasiums, fitness centers and similar exercise facilities, hair salons and barbers, nail salons, spas and tattoo parlors. By Addendum 6, individuals were directed to stay at home leaving only for essential reasons. All businesses and not-for-profits shall suspend in-person business operations. Businesses and entities providing services or functions deemed critical to public health and safety, as well as economic and national security shall remain in operation.

Transportation Addendum 6 exempts airports and transportation infrastructure as critical infrastructure, and further exempts shipping services.

Manufacturing Addendum 6 exempts critical manufacturing, including food and animal feed, pharmaceuticals, and other manufacturing necessary to support the COVID-19 response, as well as economic and national security.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 155

Addendum 12 permits manufacturing and distribution operations to resume as of May 4 with a maximum of 10 employees in any location, if the operations are low-density and ensure employees are at least 6 feet apart at all times.

Construction Addendum 6 exempts construction necessary to support the COVID-19 response and maintain critical infrastructure.

Addendum 12 permits “micro-crews” of no more than 10 persons to conduct construction work on unoccupied structures as of May 4.

Retail Addendum 6 exempts retail businesses serving basic human needs such as grocery stores, pharmacies, animal feed, and essential supplies, provided that such retail operations are conducted through online and telephone orders for delivery and curbside pickup to the extent possible. Addendum 10 directs the issuance of guidance to commercial retail operations such that they may resume operations with the minimum employees necessary to support curbside pick-up, delivery, and warehouse/distribution operations.

Addendum 11 permits retail operations to continue as of April 27 with the minimum number of employees necessary to support curbside pick-up and delivery services. In-person shopping at outdoor retail operations (such as garden centers and greenhouses) may resume as of April 27, provided that such operations may not permit more than 10 total people including customers and staff. Farmers Markets may resume limited in-person operations as of May 1, provided such markets alter their practices to eliminate crowds and reduce contact between vendors and customers, ideally implementing a “pre-order, local food pick-up” model to the extent possible.

Hotel/Restaurant Addendum 6 exempts lodging to the extent required to support COVID-19 response, critical infrastructure, and national security. Addendum 9 authorizes lodging operators to accept reservations for stays and events occurring after June 15, 2020. Addendum 2 prohibits on-premises consumption of food or drink, but permits restaurant businesses to offer food for take-out and delivery only.

Addendum 14 to Executive Order 01-20 permits the resumption of lodging operations for housing vulnerable populations as arranged through the state; providing accommodations for healthcare workers, workers deemed necessary to support public health, public safety, or critical infrastructure, and workers entering the state for authorized work; use of lodging properties as quarantine facilities as arranged by the state; and lodging for Vermont residents and others who certify self-quarantine for a minimum of 14 days prior to lodging overnight in Vermont.

Online reservations may resume for stays beginning May 22. The ACCD may authorize additional limited, incremental, and phased resumption of lodging operations and modify mitigation requirements and procedures related to lodging. The Commissioner of the Vermont Department of Health may order businesses that do not operate in a way to limit exposure of consumers and staff to COVID-19 to return to certain standards of operation.

Addendum 15 to Executive Order 01-20 permits limited resumption of restaurant and bar operations in accordance with health, safety, and mitigation requirements issued by the Secretary of the ACCD. The ACCD in turn issued the following requirements: reservations or call ahead seating is required; ordering via phone or electronic means is preferred; takeout service rather than table side delivery of food is preferred; cashless/touchless transactions are strongly preferred; tables must be spaced a minimum of 10 feet apart; members of only 2 households and 10 total people may be seated at the same table; operators must limit the total number of customers served/seated at one time to 50 or their maximum licensed seating capacity, whichever is less; disposable menus are required; disposable/single use condiment packets are encouraged; multi-use condiments and all other items for general use must be cleaned and sanitized between customers; operators must maintain an easily accessible

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 156

log of customers and their contact information for 30 days in the event contact tracing is required by the Health Department. (See also https://accd.vermont.gov/content/stay-home-stay-safe-sector-specific-guidance#barsrestaurants-food-service.)

Addendum 15 also directs the Board of the Department of Liquor and Lottery (“DLL�) to allow first-, third-, and fourth-class licensees to offer outdoor consumption of alcoholic beverages (without or without the sale of food).

Licensees must submit an online form to apply for an Outdoor Consumption Permit that describes the area to be used for outdoor consumption and what physical barrier(s) will define the area. A licensee must have legal control over or local authority to use the area. Applicants have until June 12 to obtain the approval of the local jurisdiction and may operate in accordance with the DLL permit pending that determination.

Face Mask Requirements?

Effective August 1, 2020, Addendum 2 to Amended Executive Order 01-20 requires all persons to wear masks or cloth facial coverings any time they are in public spaces, indoors or outdoors, where they come in contact with others from outside their households, especially in congregate settings and where it is not possible to maintain a physical distance of at least six feet. Businesses, non-profits, and government entities must implement measures notifying customers or clients of the face covering requirement, which may include but shall not be limited to posting signage stating that face coverings are required, and denial of entry or service to customers who decline to wear face coverings. ACCD guidance (https://accd.vermont.gov/news/update-new-work-safe-additions-be-smart-staysafe-order) permits limited alternatives to face coverings in limited workplace settings.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 157

Virginia Source of Information https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-53-Temporary-RestrictionsDue-To-Novel-Coronavirus-(COVID-19).pdf https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-55-Temporary-Stay-at-HomeOrder-Due-to-Novel-Coronavirus-(COVID-19).pdf https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/Slide-Deck-4-24-2020-.pdf https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-62-and-Order-of-PublicHealth-Emergency-Four-AMENDED.pdf https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-61-and-Order-of-PublicHealth-Emergency-Three---Phase-One-Easing-Of-Certain-Temporary-Restrictions-Due-To-Novel-Coronavirus(COVID-19).pdf https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-63-and-Order-Of-PublicHealth-Emergency-Five---Requirement-To-Wear-Face-Covering-While-Inside-Buildings.pdf https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/eo/EO-65-Phase-Two.pdf https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-65-and-Order-Of-PublicHealth-Emergency-Six---AMENDED---Phase-Two-Easing-of-Certain-Temporary-Restrictions-Due-to-NovelCoronavirus-(COVID-19).pdf https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-68-AMENDED-and-Order-ofPublic-Health-Emergency-Eight---Additional-Restrictions-on-the-Eastern-Region-due-to-Novel-Coronavirus(COVID-19).pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart Virginia’s Blueprint for Easing Public Health Restrictions identifies the following metrics as prerequisites for reopening Virginia’s economy: (1) decrease in percentage of positive COVID-19 tests over 14 days; (2) decrease in COVID-19 hospitalizations over 14 days; (3) sufficient hospital beds and intensive care capacity; and (4) increasing and sustainable supply of PPE. Once these metrics are met, some businesses will reopen with strict safety restrictions, continued social distancing, continued teleworking, and face coverings recommended in public.

On May 8, the Virginia Governor authorized the easing of business restrictions, instituting “best practices” applicable to all businesses (available at https://www.governor.virginia.gov/media/governorvirginiagov/governor-ofvirginia/pdf/Virginia-Forward-Phase-One-Business-Sector-Guidelines.pdf).

On May 15, the Governor granted the requests of the Northern Virginia Region, the City of Richmond, and the County of Accomack to remain in “Phase Zero” of Virginia’s phased reopening through May 28.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 158

On June 2, Executive Order 65 established a list of “best practices” that business should, but need not, follow in conducting in-person operations. Non-essential retail businesses and food service businesses remain subject to separate, mandatory practices outlined below.

Effective July 31, Executive Order 68 prohibits all public and private gatherings of more than 50 persons, excluding gatherings of families, or gatherings of persons for purposes of performing functions of their employment.

Definition of Essential Infrastructure/Business Effective March 24, 2020, Virginia’s Order No. 53 prohibits all in person gatherings of 10 or more individuals.

Restaurants are to close except for delivery and take-out. Business operations offering professional rather than retail services may remain open, though they should utilize teleworking as much as possible. Recreational and entertainment businesses are to close. Essential retail businesses may remain open. Subsequent guidance from Virginia states that the order does not impact business sectors that are not explicitly listed, but such businesses should require telework where feasible and observe social distancing practices where not feasible.

Effective March 30, Virginia’s Order No. 55 requires individuals to remain at their place of residence.

Individuals may leave to conduct essential activities. This restriction does not apply to the operation of businesses not required to close to the public under Order No. 53.

Transportation Virginia has yet to issue an order regarding essential services or essential businesses.

Manufacturing Virginia has yet to issue an order regarding essential services or essential businesses.

Construction Virginia has yet to issue an order regarding essential services or essential businesses.

Retail Effective May 15, brick-and-mortar retail businesses may continue to operate. Occupancy may not exceed 50% of the lowest occupancy load on the certificate of occupancy. Employees working in customer-facing areas must wear face coverings over their nose and mouth at all times. Businesses that cannot adhere to these requirements must close.

Hotel/Restaurant Effective May 15, dining establishments may operate delivery, take-out, and outdoor dining services.

Occupancy may not exceed 50% of the lowest occupancy load on the certificate of occupancy. No more than 50 patrons may be seated as a party. Tables must be positioned 6 feet apart from other tables. No self-service of food, except beverages, is permitted, and condiments should be dispensed by employees upon request. Bar seating and congregating areas of restaurants must be closed to patrons, except that non-bar seating in outdoor bar areas may be used for customer seating if 6 foot distancing is maintained. Employees working in customer-facing areas must wear face coverings over their nose and mouth at all times. A thorough cleaning and disinfection of high touch surfaces must be conducted every 60 minutes during operation, with tabletops, chairs, and credit card/bill folders cleaned between seatings. Businesses that cannot adhere to these requirements must close.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 159

Hotels are not required to cease operations.

Effective July 31, Executive Order 68 prohibits the sale, consumption, or possession of alcoholic beverages on premises after 10:00 p.m. in any restaurant or bar. Alcoholic beverages may still be sold via delivery or take-out after 10:00 p.m. Restaurants and bars must close no later than 12:00 a.m. and may not reopen to the public earlier than 5:00 a.m. Restaurants and bars may continue to offer delivery and take-out services from 12:00 a.m. to 5:00 a.m. Indoor dining in restaurants and bars may not exceed 50% of the lowest occupancy load on the certificate of occupancy. All parties, whether seated together or across multiple tables, must be limited to 50 persons or less.

Face Mask Requirements?

Employers are required to provide face coverings to employees. Executive Order 61 requires employees in certain industries to wear face coverings for customer-facing operations. Executive Order 63 requires all patrons over 10 years of age to wear face coverings when spending time inside personal care businesses, retail businesses, food and beverage establishments, entertainment and recreation businesses, public and for-hire transport, other indoor places shared by groups of people who are in close proximity to each other, and state and local government buildings when accessed for the purpose of securing public services.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 160

Washington Source of Information https://www.governor.wa.gov/sites/default/files/SafeStartWA_4May20.pdf https://coronavirus.wa.gov/what-you-need-know/safe-start https://coronavirus.wa.gov/what-you-need-know/covid-19-risk-assessment-dashboard https://www.governor.wa.gov/news-media/inslee-announces-statewide-mask-mandate https://www.governor.wa.gov/news-media/inslee-extends-23-proclamations-relating-covid-19-1 https://medium.com/wagovernor/inslee-extends-face-covering-requirement-for-businesses-statewide-and-haltscounty-advancements-1a404f3f4a5f https://www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/Secretary_of_Health_Order_2003_Statewide_Face_Coverings.pdf https://www.governor.wa.gov/sites/default/files/proclamations/proc_2025.7.pdf?utm_medium=email&utm_source=govdelivery https://www.governor.wa.gov/sites/default/files/Memo%20SafeStart%20Changes%207.28.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On May 4, 2020, Washington issued an order for a phased reopening of Washington’s economy. The “Safe Start Washington” plan allows businesses and activities to reopen over four phases. The state will stay in every phase for a minimum of three weeks. Data and metrics will determine when the state can move from one phase to the next.

Phase 1 begins May 5 and builds upon recent decisions to reopen some activities, including construction activity, landscaping and lawn care, vehicle and vessel sales, pet walking, retail for curb-side pick-up orders only, and car washes.

Phase 2 reopenings may include remaining manufacturing that is not currently authorized, additional construction phases, in-home/domestic services, in-store retail purchases allowed with restrictions, real estate, professional services/office-based businesses, hair and nail salons/barbers, pet grooming, and restaurants/taverns at less than 50% capacity, table size no larger than 5 people, and no bar-area seating.

Phase 3 reopenings may include customer-facing government services, libraries, museums, restaurants at less than 75% capacity, table size no larger than 10 people, and bar-areas at less than 25% capacity, and all other business activities not yet listed except for nightclubs and events with greater than 50 people. Effective July 20, gatherings are not to exceed ten (10) individuals in Phase 3.

Phase 4 reopenings may include nightclubs, concert venues, large sporting events, and resume unrestricted staffing of worksites.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 161

Businesses permitted to reopen in each phase of the plan will have industry-specific guidance and safety criteria developed to ensure workplace safety and public health are maintained. Those business activities cannot open until the industry-specific guidance and safety criteria are issued. Industry-specific requirements for Phase 1 reopenings will be issued as soon as possible but no later than May 15. Smaller counties can apply for a variance from the order which would allow them to open more businesses than allowed statewide.

On May 18, Washington issued a proclamation allowing for the full reopening of hospitals and dental offices and all elective procedures to resume, provided that proper safety precautions are followed.

As of September 15, September 8, five counties are in Modified Phase 1; 17 counties are in Phase 2, and 17 counties are in Phase 3. No counties are in Phase 4. On June 27, Gov. Inslee announced that Washington will pause all planned movement into Phase 4 indefinitely as a result in the recent rise in COVID-19 cases. On July 31, Gov. Inslee announced the extension of 25 proclamations in response to the continuing COVID-19 pandemic through September 1, 2020.

Washington is part of the Western States Pact between California, Nevada, Colorado, Washington and Oregon to work together and share best practices on how to mitigate spread and responsibly reopen the economy.

Definition of Essential Infrastructure/Business This no longer applies based on Washington’s “Safe Start” reopening plan that began on June 1.

Transportation This no longer applies based on Washington’s “Safe Start” reopening plan that began on June 1.

Manufacturing All manufacturing—including non-essential manufacturing—is permissible for counties in Phase 2 of the “Safe Start Washington” plan, provided that manufacturing facilities follow the specific safety and health requirements for manufacturers, located at: https://www.governor.wa.gov/sites/default/files/Phase2ManufacturingGuidance.pdf.

Construction All construction is permissible for counties in Phase 1 and beyond, provided that work activities do not require workers to be closer than six-feet together, and that specific safety and health requirements specifically outlined for construction businesses are followed at all times. The construction-specific guidelines are located at: https://www.governor.wa.gov/sites/default/files/Phase%201%20Construction%20COVID19%20Safety%20Requirements%20%28final%29.pdf.

All construction, including those activities for which social distancing may not be maintained and the start of new construction projects, is authorized to resume for Counties in Phase 2 of the “Safe Start Washington” plan.

Adherence to the health and safety points in the following construction-specific guidelines will be strictly enforced: https://www.governor.wa.gov/sites/default/files/COVID19Phase2ConstructionSafetyGuidance.pdf

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 162

Retail Phase 1 of the “Safe Start Washington” plan permits retail businesses to open with curb-side pick-up orders only. All curbside retail must follow the safety and health requirements specifically outlined for curbside retail operations at all times. The curbside retail-specific guidelines are located at: https://www.governor.wa.gov/sites/default/files/FINAL%20Phase%201%20Curbside%20Retail%20Employee%20 Safety%20and%20Health.pdf.

Retail businesses in Counties in Phase 2 may operate in-store operations provided that the safety and health requirements specifically outlined for in-store retail operations are followed at all times. The in-store retailspecific guidelines are located at: https://www.governor.wa.gov/sites/default/files/Phase2InStoreRetailGuidance.pdf.

Hotel/Restaurant Washington has designated as essential hotel workers and restaurant carry-out and quick serve food operations as identified in the Essential Critical Infrastructure Workers list to its March 23, 2020 Proclamation (pp.

4, 11).

Restaurants and taverns operating in counties currently in Phase 2 may offer dine-in services, provided that the health and safety requirements specifically outlined for restaurants and taverns are followed at all times.

The restaurant and tavern-specific guidelines are located at: https://www.governor.wa.gov/sites/default/files/Phase%202%20Restaurant%20industry%20reopen%20proposal_FINAL.pdf.

On July 24, Washington implemented various restrictions on restaurant businesses to address the growing number of COVID-19 cases statewide, including a prohibition on alcohol sales after 10 p.m.; table size limitation of no more than five (5) individuals; prohibition on bar seating; limitation on indoor dining to members of the same household. A comprehensive list of the July 24 restrictions are located at: https://www.governor.wa.gov/sites/default/files/COVID19%20Phase%202%20and%203%20Restaurant% 20and%20Tavern%20Guidance.pdf?utm_medium=email&utm_source=govdelivery Face Mask Requirements?

The “Safe Start Washington” reopening plan requires employers to provide required PPE, including cloth facial coverings, in accordance with Washington State Department of Labor & Industries requirements. Beginning June 26, every Washingtonian in an indoor public space, or in an outside public space when unable to physically distance from others, will be legally required to wear a face covering. On July 2, Gov. Inslee announced that businesses may not serve any customer, services or goods, if they do not comply, and that businesses themselves are subject to fines and revocation of business licenses if they do not comply.

On July 24, the Washington secretary of health issued a statewide order requiring face coverings in any indoor setting outside the home (not just public buildings) and expanding the outdoor requirement to non-public settings when an individual cannot maintain 6 feet of distance from non-household members. This includes common spaces in congregate living settings, such as common areas in apartment buildings, condos, fraternity/sorority houses, assisted living facilities and other similar places.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 163

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 164

West Virginia Source of Information https://governor.wv.gov/News/press-releases/2020/Pages/COVID-19-UPDATE-Gov.-Justice-unveils-plan-toreopen-state-%E2%80%9CWest-Virginia-Strong-%E2%80%93-The-Comeback%E2%80%9D.aspx https://coronavirus.wvgovstatus.com/WV_Strong_The_Comeback.pdf https://governor.wv.gov/Documents/2020%20Executive%20Orders/Executive-Order-April-30-2020-Safer-AtHome-Order.pdf https://governor.wv.gov/Pages/The-Comeback.aspx https://governor.wv.gov/Documents/2020%20Executive%20Orders/EO%2050-20.pdf https://governor.wv.gov/Documents/2020%20Executive%20Orders/EO-51-20-July-14-2020-Fairs-FestivalsConcerts-Closed.pdf https://governor.wv.gov/Documents/2020%20Executive%20Orders/EO-65-20-September-2-2020-Mon-CountyBars-6.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 30, 2020, West Virginia announced that its stay-at-home order would expire on May 3 to be replaced by Executive Order No. 32-20 (“Safer at Home”) effective May 4. The “Safer-at-Home” order implements Week 2 of West Virginia’s phased reopening plan and encourages, but does not require, individuals to stay at home when not performing essential activities. Essential businesses remain exempt and can continue to operate.

Businesses with less than 10 employees and that have limited customer interaction and customer contact can open.

Businesses must ensure that proper social distancing and hygiene practices are maintained. Outdoor dining at restaurants is permitted. Elective medical procedures are allowed to resume and outpatient healthcare can open.

Pet Groomers can open and should use proper social distancing and hygiene practices. Barbershops and hair and nail salons are allowed to open and operate with guidance from the Board or Barbers and Cosmetologists including requiring customers schedule appointments with adequate time between appointments to clean and disinfect and customers are to not enter until the business is ready to provide services to the customer. Public gatherings of 25 people or more are prohibited.

On April 27, 2020, West Virginia announced a plan to allow businesses to reopen in phases over the course of several weeks if the rate of COVID-19 cases remains low. In Week 1, beginning April 30, hospitals resumed elective medical procedures and outpatient health care operations, following CDC safety guidelines. Daycares also reopened in Week 1. In Week 2, beginning May 4, businesses with fewer than 10 employees reopened, as well as businesses providing “professional services,” such as hair salons, nail salons, barbershops, and pet grooming.

Customers at these establishments must make appointments and cannot wait inside the business. As of Week 2, outdoor dining is also permitted and churches and funeral homes may carry out in-person services. All businesses included in the Week 2 phase of reopenings are required to adhere to physical distancing measures and businesses are required to implement efforts to increase sanitation, including the use of face coverings and posting of safety and health practice guidelines. In Week 3, beginning May 11, wellness centers/gyms and drive-in movie theaters were permitted to resume operations. Outdoor guided fishing resumed on May 15 under strict limitations.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 165

Week 4 reopenings began the week of May 18, and included indoor dining at 50% of restaurant capacity, large/specialty retail stores, state park campgrounds (for in-state residents only), outdoor recreation rental stores, outdoor motorsport racing without spectators, and the state hiking trail system. Indoor malls and similar facilities are permitted to reopen in Week 4. The requirement that out-of-state travelers self-quarantine also has been lifted as of Week 4. West Virginia has issued additional guidance to hotels, motels, rental properties, and casinos conjunction with the repeal of this requirement.

Week 5 reopenings began on May 26. Businesses now permitted to reopen include bars (indoor at 50% capacity or outdoor), museums and visitor centers, zoos, and State Park cabins and lodges (for in-state residents only). Additionally, spas, massage businesses, and limited video lottery retailers were permitted to reopen on May 30 as part of Week 5.

On June 5, casinos and movie theaters were permitted to resume operations as part of Week 6.

Low-contact outdoor youth sports, along with all adult sports facilities, resumed on June 8, as part of Week 7. No additional reopenings were scheduled for Week 8, which began on June 15. During Week 9, which began June 22, summer youth camps and outdoor sporting events with spectators are allowed to resume.

On July 13, 2020, in response to rising numbers of positive COVID-19 cases in West Virginia, the Governor issued two new orders reimposing restrictions on certain activities. First, the capacity limit on social gatherings was reduced from 100 down to 25. This limit is only for purely social gatherings, and does not apply to business activities or other activities deemed essential, such as religious services, weddings, or other special events held for essential businesses and operations. Second, all fairs, festivals, concerts, and similar events must close. Third, bars in Monongalia County (where Morgantown and the University of West Virginia are located) have been ordered to close for on-premises consumption until a further Executive Order.

Definition of Essential Infrastructure/Business West Virginia issued a stay-at-home order on March 23, which expired on May 4, requiring West Virginians to stay home unless obtaining food or medicine, seeking non-elective medical care, going to work at an essential workplace, going to or from the home of a family member or someone entitled to visitation of a child, going to or from a place of worship, or engaging in outdoor activity (with appropriate social distancing). All non-essential businesses must cease all operations except those necessary to maintain the premises and inventory, conduct payroll, or assist employees in continuing to work remotely. Private businesses with five or fewer employees may continue to operate pursuant to social distancing. Essential businesses include: medical facilities, grocery stores and pharmacies, food/beverage (take out only), agriculture, government, human services organizations, essential infrastructure (including construction), coal industry, supply chains supporting critical products and industries, financial institutions, hardware stores, critical trades, mail services, religious entities, laundry services, offices supplies, home-based care, residential facilities, hotels, media, professional services, and funeral services. The order also contains broad exemptions in 3(h), covering manufacture, distribution, and supply chain for critical products and industries; 3(l), covering critical trades that are necessary to maintain the safety, sanitation, and essential operation of residences, essential activities, and essential businesses and operations; and 3(r), covering supplies for essential businesses and operations.

Transportation West Virginia incorporates the CISA 1.0 definition of essential businesses, including its definition of essential transportation operations. Support operations for such businesses are also included. Transportation business operations have continued throughout the stay-at-home period and economic reopening process.

Manufacturing West Virginia incorporates the CISA 1.0 definition of essential businesses, including its definition of essential manufacturing operations. Support operations for such businesses are also included. Manufacturing business operations have continued throughout the stay-at-home period and economic reopening process. .

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 166

Construction West Virginia incorporates the CISA 1.0 definition of essential businesses, including its definition of essential construction services. Support operations for such businesses are also included. Construction business operations have largely continued throughout the stay-at-home period and economic reopening process.

Retail West Virginia incorporates the CISA 1.0 definition of essential businesses, including its definition of essential food and agriculture services (which includes grocery stores and pharmacies). Support operations for such businesses are also included. Such retail businesses have been allowed to continue throughout the stay-athome period and economic reopening process.

The “Safer-at-Home” order effective May 4 permits businesses with fewer than 10 employees and that have limited customer interaction and customer contact to open provided businesses ensure proper social distancing and hygiene practices. Pet groomers, barbershops, and nail/hair salons can open and should use proper social distancing and hygiene practices. All businesses are to adhere to physical distancing measures and are required to implement efforts to increase sanitation and use face coverings.

The second stage of Week 4 of West Virginia’s phased reopening plan, which began May 21, allows for large/specialty retail stores and outdoor recreation rentals (e.g. kayaks, bicycles, boats, rafts, canoes, ATVs, and similar equipment) to reopen, subject to safety and hygiene-related guidelines. Indoor malls and similar facilities are also permitted to reopen. Retail stores must also post extensive signage on health policies, including COVID19 best practices information issued by the CDC. Hotel/Restaurant West Virginia incorporates the CISA 1.0 definition of essential businesses, including its definition of essential food and agricultural services (including restaurant carry-out and fast food). Support operations for such businesses are also included. Such business operations have been allowed to continue throughout the stay-athome period and economic reopening process.

The “Safer-at-Home” order effective May 4 permits outdoor dining at restaurants provided proper social distancing and hygiene practices are maintained and businesses implement efforts to increase sanitation and use face coverings. As part of Week 4 of West Virginia’s phased reopening plan, as of May 21 out-of-state travelers will no longer be required to self-quarantine. In accordance with this change, the state has issued updated guidance to hotels, motels, rental properties, and casinos, which includes guest screening procedures and employee safety practices.

As of Week 4, indoor dining in restaurants is now allowed, at 50% of restaurant capacity. Bars are permitted to resume service of outdoor premises, and indoor service at 50% of bar capacity. Bars in Monongalia County have been ordered to close for on-premises consumption until a further Executive Order.

Face Mask Requirements?

On July 6, 2020, the Governor issued an order requiring all persons in West Virginia to wear a face covering when inside a building other than one’s home. The order does not apply to children younger than two years or persons with a medical condition that make wearing a mask impractical.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 167

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 168

Wisconsin Source of Information https://govstatus.egov.com/wi-covid-19 https://evers.wi.gov/Documents/COVID19/EO082-PHECOVIDSecondSpike.pdf https://evers.wi.gov/Documents/COVID19/EmO01-FaceCoverings.pdf Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On May 13, 2020, the Wisconsin Supreme Court ruled that Emergency Order 28, the current version of the “Safer at Home” order, is “unlawful, invalid, and unenforceable” because the governor’s office exceeded its emergency rulemaking authority in issuing the order. Accordingly, the Court ruled that “there can be no criminal penalties for violations of [the] order.” The immediate consequences of the decision are unclear, especially with regard to a proposed stay of enforcement of the decision until May 20, 2020. However, this order likely invalidates the information below. We are tracking developments and will provide further updates as more information becomes available. Local units of government are poised to issue orders specific to their jurisdictions.

On July 30, 2020, the Governor signed Executive Order 82, declaring a public health emergency, to remain in effect for 60 days.

Wisconsin is part of the Midwest Governors’ Pact which includes Ohio, Illinois, Michigan, Minnesota, Indiana, Kentucky and Wisconsin. The Pact is a working group of Midwest governors that will work in close coordination to reopen their economies following the COVID-19 response.

Definition of Essential Infrastructure/Business N/A Transportation Transportation operations may reopen subject to local restrictions.

Manufacturing Manufacturing may reopen subject to local restrictions.

Construction Construction may reopen subject to local restrictions.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 169

Retail Retail may reopen subject to local restrictions.

Hotel/Restaurant Hotels, bars, and restaurants operations may reopen subject to local restrictions.

Face Mask Requirements?

Wisconsin has not issued an order requiring residents or businesses to utilize face masks.

On July 9, 2020, the Governor ordered that all State employees wear face masks at all times while inside state buildings.

On July 30, 2020, the Governor signed Emergency Order #1, requiring that all individuals age five and older wear face coverings when indoors or in an enclosed space other than a private residence and persons who are not members of the individual’s household or living unit are in the same room or enclosed space. The face covering requirement is subject to exceptions, found here.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 170

Wyoming Source of Information https://governor.wyo.gov/media/news-releases/2020-news-releases/governor-gordon-unveils-plan-to-ease-covid19-restrictions https://health.wyo.gov/wp-content/uploads/2020/04/COVID19_WDH-Guidance-for-Public-Officials_4.28.20.pdf https://health.wyo.gov/wp-content/uploads/2020/08/Eleventh-Continuation-of-Order-1.pdf https://health.wyo.gov/wp-content/uploads/2020/08/Eleventh-Continuation-of-Order-2.pdf https://health.wyo.gov/wp-content/uploads/2020/08/Eleventh-Continuation-of-Order-3.pdf https://health.wyo.gov/wp-content/uploads/2020/09/TwelfthContinuationOrder1_Sept152020.pdf https://health.wyo.gov/wp-content/uploads/2020/09/TwelfthContinuationOrder2_Sept152020.pdf https://health.wyo.gov/wp-content/uploads/2020/09/TwelfthContinuationOrder3_Sept152020.pdf https://governor.wyo.gov/media/news-releases/2020-news-releases/health-orders-extended-outdoor-gatheringlimits-eased Dates Stay at Home Order in Effect N/A Orders / Plans for Restart On April 23, 2020, Wyoming announced a plan to relax restrictions and allow certain businesses to reopen which had been closed due to the state’s public health order. Further, county health officials may request variances from statewide orders if public health conditions in the county warrant the change. These variances can either be more or less restrictive.

On May 13, 2020, Wyoming issued three revised Public Health Orders relaxing restrictions previously placed on businesses in several industries. The Orders have been extended several times, most recently on September 15 August 27, and are now applicable until September 15 September 30. These Orders permit restaurants and bars to provide on-premises dining pursuant to hygiene and safety guidelines (including face coverings for all wait staff), physical distancing requirements for patron tables, and requirements to post signage reminding patrons of physical distancing guidance. Gyms, movie theaters, and live performance venues are also allowed to operate under similar protocols. Nail and hair salons, barbershops, massage services, tattoo/piercing parlors, and similar personal grooming businesses may operate if they maintain at least 6 feet between patron service stations, provide face coverings to employees, and adhere to other health and safety guidelines.

The Public Health Orders also provide additional requirements for childcare centers and daycares, including hygiene and safety guidance, as well as a requirement that such facilities prioritize providing childcare for children of “Essential Personnel” as defined in the Orders. K-12 schools, colleges, universities, and trade schools are also permitted to operate under similar guidelines. Finally, gatherings of more than 50 people are prohibited, with several notable exceptions including religious/faith based organizations, funeral homes, livestock auctions, government facilities, and retail establishments where patrons are generally not within 6 feet of each other. As of August 16, outdoor gatherings and events are allowed at up to 50% of venue capacity, with a maximum of 1,000 persons, as

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 171

long as social distancing and increased sanitation measures are in place. Indoor gatherings remain limited to 50 persons without restrictions, or 250 persons with social distancing and increased sanitation measures.

Definition of Essential Infrastructure/Business On April 3, 2020, Wyoming issued a public health order prohibiting mass gatherings of 10 people or more; however gatherings at retail or business establishments, where more than 10 people may be present but are generally not within 6 feet of one another are exempt.

A continuation and modification of the public health order forbidding gatherings of 10 people or more was issued on April 28, 2020. The modified public health order permits countywide variances from the order if the conditions in the county warrant change. Countywide variance orders may be less restrictive or more restrictive than the measures imposed in the statewide public health order. The August 27 September 15, 2020 Public Health Orders extended the requirements and exceptions of previous orders, continuing to allow groups of up to 250 people indoors with proper social distancing and hygiene measures. Gatherings of up to 1,000 persons or 50% of venue capacity, whichever is lesser, are allowed outdoors.

Wyoming has yet to issue an order regarding essential services or essential businesses.

Transportation Wyoming has yet to issue an order restricting non-essential businesses, including transportation operations. However, Wyoming has issued a public health order dated April 3, 2020 that prohibits gatherings of 10 or more people. The public health order exempts groups of workers being transported for their jobs and business establishments where more than 10 people may be present but are generally not within 6 feet of one another.

A continuation and modification of the public health order forbidding gatherings of 10 people or more was issued on April 28, 2020. The modified public health order permits countywide variances from the order if the conditions in the county warrant change. Countywide variance orders may be less restrictive or more restrictive than the measures imposed in the statewide public health order.

The August 27 September 15, 2020 Public Health Orders extended the requirements and exceptions of previous orders, continuing to allow groups of up to 250 people indoors with proper social distancing and hygiene measures. Gatherings of up to 1,000 persons or 50% of venue capacity, whichever is lesser, are allowed outdoors.

Manufacturing Wyoming has yet to issue an order restricting non-essential businesses, including manufacturing operations. However, Wyoming has issued a public health order dated April 3, 2020 that prohibits gatherings of 10 or more people. The public health order exempts businesses where more than 10 people may be present but are generally not within 6 feet of one another.

A continuation and modification of the public health order forbidding gatherings of 10 people or more was issued on April 28, 2020. The modified public health order permits countywide variances from the order if the conditions in the county warrant change. Countywide variance orders may be less restrictive or more restrictive than the measures imposed in the statewide public health order.

The August 27 September 15, 2020 Public Health Orders extended the requirements and exceptions of previous orders, continuing to allow groups of up to 250 people indoors with proper social distancing and hygiene measures. Gatherings of up to 1,000 persons or 50% of venue capacity, whichever is lesser, are allowed outdoors.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 172

Construction Wyoming has yet to issue an order restricting non-essential businesses, including construction operations.

However, Wyoming has issued a public health order dated April 3, 2020 that prohibits gatherings of 10 or more people. The public health order exempts business establishments where more than 10 people may be present but are generally not within 6 feet of one another.

A continuation and modification of the public health order forbidding gatherings of 10 people or more was issued on April 28, 2020. The modified public health order permits countywide variances from the order if the conditions in the county warrant change. Countywide variance orders may be less restrictive or more restrictive than the measures imposed in the statewide public health order.

The August 27 September 15, 2020 Public Health Orders extended the requirements and exceptions of previous orders, continuing to allow groups of up to 250 people indoors with proper social distancing and hygiene measures. Gatherings of up to 1,000 persons or 50% of venue capacity, whichever is lesser, are allowed outdoors.

Retail Wyoming has issued a public health order dated April 3, 2020 that prohibits gatherings of 10 or more people but exempts grocery stores, markets, convenience stores, pharmacies, drug stores, and retail establishments where 10 or more people may be present but are generally not within 6 feet of one another.

A continuation and modification of the public health order forbidding gatherings of 10 people or more was issued on April 28, 2020. The modified public health order permits countywide variances from the order if the conditions in the county warrant change. Countywide variance orders may be less restrictive or more restrictive than the measures imposed in the statewide public health order.

The August 27 September 15, 2020 Public Health Orders extended the requirements and exceptions of previous orders, continuing to allow groups of up to 250 people indoors with proper social distancing and hygiene measures. Gatherings of up to 1,000 persons or 50% of venue capacity, whichever is lesser, are allowed outdoors.

Further, retail businesses are permitted to have more than 50 people in a store location if 6 feet of distance can generally be maintained between all persons.

Hotel/Restaurant Wyoming issued a public health order dated April 3, 2020 closing restaurants, bars, and other places of public accommodation offering food or beverage for on-premises consumption. Hotels are exempt from Wyoming's current restriction on gatherings of 50 or more people.

A continuation and modification of the public health order closing restaurants, bars, and other places of public accommodation offering food or beverage for on-premises consumption was issued on April 28, 2020. This modified public health order permits countywide variances from the order if the conditions in the county warrant change. Countywide variance orders may be less restrictive or more restrictive than the measures imposed in the statewide public health order.

The May 13, 2020 modified Public Health Orders allow restaurants and bars to provide on-premises dining pursuant to hygiene and safety guidelines (including face coverings for all wait staff), physical distancing requirements for patron tables, and requirements to post signage reminding patrons of physical distancing guidance. The August 27 September 15, 2020 Public Health Orders extended the requirements and exceptions of previous orders, continuing to allow groups of up to 250 people indoors with proper social distancing and hygiene measures. Gatherings of up to 1,000 persons or 50% of venue capacity, whichever is lesser, are allowed outdoors.

Restaurants and bars are allowed to seat up to this capacity, provided that social distancing requirements can be maintained.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 173

Face Mask Requirements?

Businesses providing on-premises services pursuant to the May 13, 2020 Public Health Orders’ guidelines (and subsequent Orders extending these provisions) are required to have employees wear face coverings when within 6 feet of patrons.

Local Orders The information set forth above includes only state emergency order(s), and not local (e.g., county or city) restrictions. Analysis of local orders may be important to fully understand the scope of applicable restrictions. We recommend that you discuss your specific circumstances with your Foley relationship partner.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 174

DISCLAIMER The information provided by Foley in the 50-State Emergency Order Tracker: Roadmap to Restart is for educational purposes only and limited to a summary of: (i) state-by-state details regarding effective dates and the overall degree of regulation (low/medium/high); (ii) state-specific essential or critical business definitions, and all three versions of the CISA guidelines which various states have adopted; and (iii) information regarding multiple industries, including transportation, manufacturing, construction, retail, and hotel/restaurant. The Roadmap to Restart is not legal advice. It contains a general summary of certain provisions contained in the various statewide shelter-in-place and stay-at-home emergency orders, and does not include specific guidance or recommendations or information relating to local (e.g., county or city) restrictions, which may be important in order to fully understand the breadth and application of restrictions in place. The “Regulation Category” listed under each state is Foley’s interpretive shorthand for the level of regulation in that jurisdiction, and not an official demarcation.

The restrictions, interpretations and guidance arising from these orders are constantly evolving. Foley cannot guarantee particular outcomes or results, or that governmental authorities will agree with this information.

The information is provided as is and we cannot guarantee that it is in all cases up to date. Due to the rapidly changing environment, and the fact-specific nature of the analysis required to provide tailored legal advice in connection with these statewide orders, we recommend discussing your specific circumstances with your Foley relationship partner or other attorney before acting on the information contained in these summaries.

FOLEY & LARDNER CONTACTS Ann Marie Uetz | auetz@foley.com Vanessa Miller | vmiller@foley.com

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 175

PRIMARY CONTACTS Ann Marie Uetz 313.384.3322 auetz@foley.com

Vanessa Miller 313.234.7130 vmiller@foley.com

We are grateful to the many Foley & Lardner attorneys who have contributed to the Roadmap to Restart tracker, especially Leah Imbrogno and Tamar Dolcourt.

FOLEY.COM/CORONAVIRUS

Back to TOC

50-State Emergency Order Tracker: Roadmap to Restart | 176