UPDATE/Complete Text: Governor David Ige Unveils 7th Supplemental Proclamation
Governor David Ige today unveils his 7th Supplemental Emergency Proclamation relating to COVID-19, announcing Phase 1 of opening businesses and activities.
The stay-at-home order is now being referred to as the “safer-at-home” order and includes the reopening of several businesses with limitations and protocols in place.
The next phase includes the reopening of:
*note: revised to reflect updated information issued by the Governor’s Office on Tuesday evening.
- non-food agriculture such as landscaping, floral, ornamental and nurseries;
- auto dealerships
- astronomical observatories and support facilities;
- car washes;
- childcare services, licensed or authorized under the law (added by Gov. Ige since press conference);
- pet grooming services;
- *Retail and Repair Services, such as apparel, florists, watch and surfboard repair (Note: Gov. Ige’s latest press release says retail and most repair will not re-open in Maui county; however county officials tell Maui Now that a determination has not been made at this time.)
- *Shopping Malls – limited to retail and repair services (Note: Gov. Ige issued a press release this evening saying shopping malls are not reopening in Maui County; however we checked with county officials and they have indicated that it has not been determined at this time.)
These businesses outlined in the proclamation may reopen under guidelines as of Thursday, May 7 at 12:01 a.m.
The governor’s latest release states: “The 7th Supplementary Emergency Proclamation, EXHIBIT G, lists the businesses/operations designated for re-opening, and outlines specific safety guidelines for each. It also includes county-specific requirements. For example, retail businesses on Oʻahu may not open until May 15, 2020, and Maui County will not allow retail, most repair shops and malls to reopen at this time.”
The governor is allowing residents to leave their homes to visit the newly opened businesses, but continues to advise residents that although they are encouraged to patronized the newly opened businesses and activities, he says, “you are safer at home.”
This is in addition to businesses previously announced by the state and counties, which includes: florists; certain real estate services; car dealerships; automated and mobile service providers; services provided on a one-on-one basis and golf courses. Gov. Ige said these businesses must continue to follow social distancing, sanitation and workplace safety guidelines as outlined in his emergency proclamation.
Gov. Ige said there are guidelines and limitations for malls, which will be asked to help with enforcement of social distancing requirements. They would be able to contact law enforcement if further action is needed. The food court seating will be closed, but can operate for take out service. He continues to encourage businesses to continue to allow telework.
With more businesses opening under the new order, Gov. Ige addressed questions about the need for child care saying, “The CDC guidance on childcare and education facilities have social distancing requirements and other suggestions about what a safe childcare facility and educational institution would look like. We continue to work with the local industry to examine what the guidelines are. We do know that childcare is an essential part of bringing our workforce back, so we are working with the industry and employers to ensure that employees have access to childcare,” said Gov. Ige.
The governor also clarified expectations for nonprofits which were included in his initial announcement on Tuesday morning (but were not listed in a release later in the evening) saying, “For all of the nonprofit community, any gathering obviously would not be allowed yet. I know many provide services in various ways to the community. Those activities would be allowed to occur, but no activity that would allow a gathering.”
On the subject of the 14-day quarantine, Gov. Ige said, “We continue to work with the airline industry and the FAA and others that are involved with interisland, interstate and international travel. Certainly we don’t control all of the parameters. We can implement a quarantine and we have. Certainly we are looking at other measures that would be required in order to reopen up and really drop the mandatory quarantine for interisland travel as well as domestic travel and finally international travel.” The current quarantine remains in effect until at least the end of the month under current orders.
Gov. Ige said that if there is a marked increase in COVID-19 cases, restrictions will have to be reinstated.
***The complete document is posted below or available here.
OFFICE OF THE GOVERNOR STATE OF HAWAI‘I
SEVENTH SUPPLEMENTARY PROCLAMATION RELATED TO THE COVID-19 EMERGENCY
By the authority vested in me by the Constitution and laws of the State of Hawai‘i, to provide relief for disaster damages, losses, and suffering, and to protect the health, safety, and welfare of the people, I, DAVID Y. IGE, Governor of the State of Hawai‘i, hereby determine, designate and proclaim as follows:
WHEREAS, I issued on March 4, 2020, a Proclamation declaring a state of emergency to support ongoing State and county responses to COVID-19; on March 16, 2020, a Supplementary Proclamation suspending certain laws to enable State and county responses to COVID-19; on March 21, 2020, a Second Supplementary Proclamation and Rules Relating to COVID-19 implementing a mandatory self-quarantine for all persons entering the State; on March 23, 2020, a Third Supplementary Proclamation to mandate and effectuate social distancing measures throughout the State; on March 31, 2020, a Fourth Supplementary Proclamation implementing a mandatory self-quarantine for all persons traveling between any of the islands in the State; and on April 16, 2020, a Fifth Supplementary Proclamation implementing enhanced social distancing requirements and an eviction moratorium; on April 25, 2020, a Sixth Supplementary Proclamation amending and restating all prior proclamations and executive orders related to the COVID-19 emergency;
WHEREAS, as of May 5, 2020, there have been 625 documented cases of COVID-19 in the State and 17 deaths attributed to this disease;
WHEREAS, COVID-19 continues to endanger the health, safety, and welfare of the people of Hawai‘i and a response requires the serious attention, effort, and sacrifice of all people in the State to avert unmanageable strains on our healthcare system and other catastrophic impacts to the State;
NOW, THEREFORE, I, DAVID Y. IGE, Governor of the State of Hawai‘i, hereby amend and restate all prior proclamations and executive orders, and authorize and invoke the following as set forth herein:
I. Statewide Coordination……………………………………………………….[ 3 ]
III. Safer at Home Order…………………………………………………………………[ 4 ]
A. Work in Essential and Designated Businesses or Operations B. Permitted Activities Outside the Home or Place of Residence C. Prohibited Activities Outside the Home or Place of Residence D. Social Distancing Requirements
E. Persons Experiencing Homelessness F. Force and Effect of Law
IV. All Persons Traveling to the State or Traveling Inter-Island…………..[ 14 ]
A. Traveling to the State B. Traveling Inter-Island C. Force and Effect of Law
V. Suspension of Laws…………………………………………………………..[ 15 ]
A. Session Laws
B. Division 1. Government
C. Division 2. Business
D. Division 3. Property; Family
E. Division 4. Courts and Judicial Proceedings F. Division 5. Crimes and Criminal Proceedings
Exhibit A. Restatement of Executive Order NO. 20-05
Exhibit B. Federal Critical Infrastructure Sectors [as of April 24, 2020] Exhibit C. CDC Cloth Face Covering Recommendation [as of April 24, 2020] Exhibit D. Rules Relating to COVID-19 Travel Quarantine
Exhibit E. Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules
Exhibit F. Rules Relating to Notaries Public
Exhibit G. Designated Businesses and Operations
Exhibit H. Sunshine Law and UIPA
I. Statewide Coordination
I hereby invoke section 127A-13(a)(5), Hawaii Revised Statutes (HRS), as it is my opinion that it is necessary to coordinate emergency management functions. Accordingly, I direct all counties to obtain my approval, or the approval of the Director of Hawaii Emergency Management Agency (HIEMA), prior to issuing any emergency order, rule, or proclamation. I further suspend sections 127A-14(b) and 127A-25, HRS, to the limited extent necessary to ensure statewide coordination.
II. Invocation of Laws
The following emergency provisions are expressly invoked, if not already in effect upon declaration of an emergency on March 4, 2020:
Sections 127A-12(a)(5), 127A-13(a)(6), and 127A-13(a)(7), HRS, directing the Director of HIEMA and the administrators of each county emergency management agency to take appropriate actions to direct or control, as may be necessary for emergency management, the following:
a. Alerts, warnings, notifications, and activations;
b. Warnings and signals for alerts and any type of warning device,
system, or method to be used in connection therewith;
c. Partial or full mobilization of personnel in advance of or in response
to an actual emergency or disaster;
d. The conduct of civilians and the movement and cessation of
movement of pedestrians and vehicular traffic during, before, and
after alerts, emergencies, or disasters;
e. The shutting off of water mains, gas mains, electric power
connections, or suspension of other services; and
f. Mandatory evacuation of the civilian population.
Section 127A-12(b)(13), HRS, requiring each public utility, or any person
owning, controlling, or operating a critical infrastructure, to protect and safeguard its or the person’s property, or to provide for the protection and safeguarding thereof, and provide for the protection and safeguarding of all critical infrastructure and key resources; provided that without prejudice to the generality of the foregoing two clauses, the protecting or safeguarding may include the regulation or prohibition of public entry thereon, or the permission of the entry upon terms and conditions as I may prescribe.
Section 127A-12(b)(16), HRS, directing all state agencies and officers to cooperate with and extend their services, materials, and facilities as may be required to assist in emergency response efforts.
Section 127A-13(a)(8), HRS, to prevent the hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services to effectuate equitable distribution thereof, or to establish priorities therein; to investigate; and notwithstanding any other law to the contrary, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto.
Section 127A-16, HRS, activating the Major Disaster Fund.
Section 127A-30, HRS, inasmuch as such section automatically went into effect upon declaration of an emergency on March 4, 2020.
Restatement of Executive Order No. 20-05, as set forth in Exhibit A attached hereto.
III. Safer at Home
Pursuant to sections 127A-12(a)(5), 127A-12(b)(14), 127A-13(a)(1), and 127A-13(a)(7), HRS, all persons within the State of Hawaiʻi are ordered to stay at home or in their place of residence except as necessary to maintain continuity of operations of the federal critical infrastructure sectors, as set forth in Exhibit B attached hereto, and as further designated below or by the Director of HIEMA. With respect to persons residing in hotels, condominiums, townhomes, apartments, or other multi-unit dwellings, “place of residence” means the person’s individual hotel room or unit. To the extent persons use shared or outdoor spaces when outside their residence, they must comply with the social distancing requirements set forth herein to the fullest extent possible. All persons may leave their home or place of residence only for the businesses or operations identified in Section III.A of the Seventh Supplementary Emergency Proclamation (Proclamation) and/or to engage in permitted activities outside their homes or places of residence described in Section III.B of this Proclamation.
A. Work in Essential and Designated Businesses or Operations
Businesses include for-profit, non-profit, or educational entities, regardless of the nature of the service, the function they perform, or their corporate or entity structure. All businesses or operations not identified as federal critical infrastructure sectors in Exhibit B attached hereto or designated by the Director of HIEMA or otherwise identified herein, may not operate. Persons may travel to and from the following essential businesses and operations, as well as to and from the designated businesses and operations allowed to operate and identified in Exhibit G attached hereto, to the extent that such businesses or operations cannot be conducted through remote technology from homes or places of residence:
1. Healthcare services and facilities. Hospitals, clinics, physician offices, assisted living facilities, and other healthcare facilities and services;
2. Stores that sell groceries and medicine. Grocery stores, pharmacies, licensed medical cannabis dispensaries, farmers’ markets, farm and produce stands, supermarkets, convenience stores, and other establishments engaged in the sale of groceries, canned food, dry goods, frozen foods, fresh fruits and vegetables, pet supplies, fresh meats, fish, and poultry, alcoholic and non-alcoholic beverages, and any other household consumer products (such as cleaning and personal care products). This includes establishments that sell groceries, medicine, including medication not requiring a medical prescription, supplies for children under the age of five and also that sell other non-grocery products, and products necessary to maintain the safety, sanitation, health and essential operation of residences and essential businesses and operations;
3. Food, beverage, cannabis production and agriculture. Food and/or beverage manufacturing, production, processing, and cultivation, including farming, livestock, hunting, gathering, fishing, baking, and other agriculture, including marketing, production, cultivation and distribution of animals and goods for consumption; licensed medical cannabis production centers; and businesses that provide food, shelter, and other necessities of life for animals, including animal shelters, rescues, shelters, kennels, and adoption facilities;
4. Educational institutions. Educational institutions – including public and private pre-K-12 schools, colleges, and universities – for purposes of implementing appropriate learning measures, performing critical research, or performing essential functions, provided that the social distancing requirements identified herein are maintained to the greatest extent possible;
5. Organizations that provide charitable and social services. Businesses and religious and secular nonprofit organizations, including food banks, when providing food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this emergency, and people with disabilities;
6. Media. Newspapers, television, radio, and other media services;
7. Gas stations and businesses needed for transportation. Gas
stations and auto-supply, auto-repair, and related facilities and bicycle shops and related facilities;
8. Financial institutions. Financial institutions, currency exchanges, consumer lenders, including but not limited to payday lenders, pawnbrokers, consumer installment lenders and sales finance lenders, credit unions, appraisers, title companies, financial markets, trading and futures exchanges, affiliates of financial institutions, entities that issue bonds, related financial institutions, institutions selling financial products, and money service businesses such as money transmitters;
9. Hardware and supply stores. Hardware stores and businesses that sell electrical, plumbing, and heating material;
10. Critical trades. Building and Construction Tradesmen and Tradeswomen, and other trades including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, essential activities, and essential businesses and operations;
11. Mail, post, shipping, logistics, delivery, and pick-up services. Post offices and other businesses that provide shipping and delivery services, and businesses that ship or deliver groceries, food, alcoholic and non-alcoholic beverages, goods or services to end users or through commercial channels;
12. Laundry services. Laundromats, dry cleaners, industrial laundry services, laundry rooms in hotels, condominiums, townhomes, apartments, and other multi-unit dwelling structures, and laundry service providers;
13. Restaurants for consumption off-premises. Restaurants and other facilities that prepare and serve food, but only for consumption off-premises, through such means as in-house delivery, third-party delivery, drive-through, curbside pick-up, and carry-out. Entities that typically provide food services to members of the public may continue to do so under this Proclamation on the condition that the food is provided on a pick-up, delivery or takeaway basis only. Entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site due to the virus’s propensity to physically impact surfaces and personal property;
14. Supplies to work from home. Businesses that sell, manufacture, or supply products needed for people to work from home;
15. Supplies for essential businesses and operations. Businesses that sell, manufacture, or supply other essential businesses and operations with the support or materials necessary to operate, including computers, audio and video electronics, household appliances; IT and telecommunication equipment; hardware, paint, flat glass; electrical, plumbing and heating material; sanitary equipment; personal hygiene products; food, food additives, ingredients and components; medical and orthopedic equipment; optics and photography equipment; diagnostics, food and beverages, chemicals, soaps and detergent; and firearm and ammunition suppliers and retailers for purposes of safety and security;
16. Transportation. 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 essential activities and other purposes expressly authorized in this Proclamation. Operations that rent vehicles may not rent to any person who is subject to a 14- day traveler quarantine order unless an exemption is granted;
17. Home-based care and services. Home-based care for adults, seniors, children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness, including caregivers such as nannies who may travel to the child’s home to provide care, and other in- home services including meal delivery;
18. Residential facilities and shelters. Residential facilities and shelters for adults, seniors, children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness;
19. Professional services. Professional services, including but not limited to legal services (such as attorney and expert services), accounting services, insurance services, and real estate services (such as escrow, appraisal, and title services);
20. Child care services licensed or authorized under the law;
21. Manufacture, distribution, and supply chain for critical products and industries. Manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as pharmaceutical, technology, biotechnology, healthcare, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, national defense, communications, as well as products used by essential businesses and operations;
22. Critical labor union functions. Labor Union essential activities including the administration of health and welfare funds and personnel checking on the well-being and safety of members providing services in essential businesses and operations – provided that these checks should be done remotely where possible;
23. Hotels and motels. Hotels and motels, to the extent used for lodging and delivery or carry-out food services;
24. Funeral services. Funeral, mortuary, cremation, burial, cemetery, and related services;
25. Government functions. For purposes of this Proclamation, all first responders, emergency management personnel, emergency dispatchers, health workers, court personnel, law enforcement and corrections personnel, hazardous materials responders, child protection and child welfare personnel, housing and shelter personnel, national guard, and other governmental employees working for or to support essential businesses and operations are exempt. Nothing in this Proclamation shall prohibit any person from performing or accessing essential governmental functions. Furthermore, this Proclamation does not apply to the United States government.
B. Permitted Activities Outside the Home or Place of Residence
This order shall not apply to the following activities outside a person’s home or place of residence:
1. Travel for health and safety;
2. Travel to engage in, receive or obtain goods or services from the
businesses or operations identified herein as essential, and from the designated businesses or operations allowed to operate and identified in Exhibit G attached hereto;
3. Travel to engage in minimum basic operations of nonessential businesses, including the minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, and related functions as well as the minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences;
4. Travel to care for the elderly, minors, dependents, persons with disabilities, or other high risk persons;
5. Travel required by law enforcement or court order, including transporting children pursuant to a custody agreement;
6. Outdoor exercise activities, including ocean activities such as surfing and swimming, so long as social distancing requirements are maintained;
7. Walking pets on a leash.
C. Prohibited Activities Outside the Home or Place of Residence Pursuant to current guidance from the Centers for Disease Control and
Prevention (CDC), any gathering of more than ten people is prohibited unless exempted by this Proclamation. Members of a single residential or family unit sharing the same address are not prohibited from gathering. All places of public gathering, whether indoors or outdoors, including but not limited to fitness centers, gyms, locations with amusement rides, carnivals, water parks, aquariums, zoos, museums, arcades, fairs, children’s play centers, playgrounds, funplexes, theme parks, bowling alleys, movie and other theaters, concert and music halls, and social clubs shall be closed to the public. Additionally, pursuant to sections 127A-12(a)(5), 127A-12(b)(14), 127A-13(a)(1), and 127A-13(a)(7), HRS, all persons must comply with the following limitations on activities outside the home or place of residence:
1. Beach Closures. All beaches in Hawaiʻi are hereby closed. No person shall sit, stand, lie down, lounge, sunbathe, or loiter on any beach or sand bar in Hawaiʻi, except as allowed in Section III.C.4 below and when:
a. transiting across or through beaches to access the ocean waters for outdoor exercise purposes, such as surfing, solo paddling, and swimming, so long as social distancing requirements are maintained;
b. running, jogging, or walking on the beach, so long as social distancing requirements are maintained.
2. Boating Restrictions. No more than two persons are allowed in any boat on Hawaiʻi’s waters for recreational purposes unless they are part of a single residential or family unit sharing the same address. Both persons in the boat shall comply as reasonably possible with the social distancing requirements unless they are part of a single residential or family unit sharing the same address. All boats shall maintain a distance of 20 feet from other boats when in use. This restriction does not apply to fishing as allowed in Section III.A.3 of this Proclamation.
3. Hiking Restrictions. No group of more than two persons is allowed to hike on state trails, unless all hikers in the group are part of a single residential or family unit sharing the same address. All persons hiking, who are not part of a single residential or family unit sharing the same address, shall maintain a distance of at least 20 feet from any other hiker.
4. Shore Fishing Limitations. No group of more than two persons may engage in shore fishing, unless all in the group are part of a single residential or family unit sharing the same address. All persons engaging in shore fishing, who are not part of a single residential or family unit sharing the same address, shall comply with social distancing requirements.
D. Social Distancing Requirements
All persons are encouraged to wear a cloth face covering as described and recommended by the CDC, which guidance is attached hereto as Exhibit C. This section shall not apply to persons who are engaged in permissible outdoor exercise activities so long as social distancing requirements are maintained. All essential and designated businesses and operations identified herein shall comply, to the fullest extent possible, with the CDC guidance and industry COVID-19 trade practices applicable to that business or operation. All essential and designated businesses and operations identified herein, and persons engaged in permitted activities identified herein, shall exercise the following social distancing requirements to the fullest extent possible:
1. High risk populations. Elderly and others at high risk for COVID-19 are urged to stay in their residences to the extent possible, except as necessary to seek medical care.
2. Persons who are sick. Persons who are sick or have a fever or cough or are exhibiting symptoms such as shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell, are urged to stay in their residences to the extent possible, except as necessary to seek medical care.
3. Six-foot distances. All persons shall maintain a minimum of six-feet of physical separation from all other persons to the fullest extent possible. Essential and designated businesses or operations shall designate with signage, tape, or by other means six-foot spacing for employees and customers in line to maintain appropriate distance. Essential and designated businesses or operations shall monitor and enforce the six-foot distancing requirement set forth in this Proclamation, whether outside waiting lines or as customers move about inside a facility. Checkout operations shall be modified, to the extent reasonably feasible, to provide this separation or to provide a transparent shield or barrier between customers and checkout clerks.
4. Limited Customer Occupancy. Each essential and designated business facility or operation shall determine the maximum number of customers that may be accommodated while maintaining the specified separation distance and limiting the number of customers in the facility or at the operation to that maximum number at any time.
5. Face covering. All customers shall wear a face covering as described and recommended by the CDC (see Exhibit C), while waiting to enter and while at an essential and designated business or operation. All employees of essential and designated 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.
6. Hand sanitizer and sanitizing products. Essential and designated businesses or operations shall make hand sanitizer and sanitizing products readily available for employees and customers. Employees handling items from customers, such as cash or credit cards, shall frequently utilize hand sanitizers.
7. Disinfection. Essential and designated businesses or operations shall regularly disinfect all high-touch surfaces.
8. Safeguards for high risk populations. Essential and designated businesses or operations are urged to implement processes to safeguard elderly and high risk customers. High risk persons are encouraged to stay in their residence to the extent possible, except as necessary to seek medical care.
9. Online and remote access. Essential and designated businesses or operations shall post online whether a facility is open and how best to reach the facility and continue services by phone or remotely. Essential and designated businesses or operations shall encourage their customers to do their business remotely by phone or online to the extent possible.
10. Pickup at store or delivery. Essential and designated businesses or operations shall provide for, if feasible, online ordering and purchase of goods and customer pickup of orders at a location outside the facility or shall provide for delivery to customer locations.
11. Signage. Essential and designated businesses or operations shall post a sign at the entrance of the facility informing all employees and customers that they should: wear CDC recommended face coverings while in the business or operation; avoid entering the business or operation if they have a cough or fever or otherwise do not feel well; maintain a six-foot distance from one another; not shake hands or engage in unnecessary physical contact.
E. Persons Experiencing Homelessness
Persons experiencing homelessness are exempt from Section III of this Proclamation but shall comply with the social distancing requirements to the fullest extent possible and are strongly urged to obtain shelter. Governmental and other entities are strongly urged to make such shelter available as soon as possible and to the maximum extent practicable and to use in their operation COVID-19 risk mitigation practices recommended by the CDC.
F. Force and Effect of Law
Pursuant to section 127A-25, HRS, all provisions set forth in Section III of this Proclamation are hereby adopted as rules that shall have the force and effect of law. In the event of any inconsistency, conflict or ambiguity between this Proclamation and any county emergency order, rule, directive or proclamation, the relevant documents shall be read to allow a county maximum flexibility to exercise its respective emergency management authority.
Pursuant to section 127A-29, HRS, any person who intentionally or knowingly violates any provision set forth in this Section III shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.
Section III, Exhibit G, of this Proclamation shall take effect on May 7, 2020, at 12:01am and remain in place for the duration of the emergency period.
IV. All Persons Traveling to the State or Traveling Inter-Island
A. Traveling to the State
Pursuant to section 127A-13(a)(1), HRS, all persons entering the State of Hawaiʻi shall be subject to mandatory self-quarantine. Those persons performing critical infrastructure functions as identified in Section III.A of this Proclamation will be subject to self-quarantine but may break quarantine to perform necessary functions so long as they wear appropriate protective gear and follow the social distancing requirements identified in Section III.D of this Proclamation. The period of self-quarantine shall begin from the time of entry into the State of Hawaiʻi and shall last 14 days or the duration of the person’s presence in the State of Hawaiʻi, whichever is shorter. Persons traveling from the State to perform critical infrastructure functions as identified in Section III.A of this Proclamation should self-quarantine while away from their Hawai‘i residence but may break quarantine to perform necessary functions. Upon return to their Hawai‘i residence, such persons will not be subject to the self-quarantine so long as they wear appropriate protective gear and follow the social distancing requirements identified in Section III.D of this Proclamation.
B. Traveling Inter-Island
1. Pursuant to section 127A-13(a)(1), HRS, all persons traveling between any of the islands in the State of Hawai‘i shall be subject to mandatory self-quarantine. The period of self-quarantine shall begin from the date of entry onto the island and shall last 14 days or the duration of the person’s presence on the island, whichever is shorter.
2. Persons traveling between islands for purposes related to medical or health care will not be subject to the self-quarantine so long as they wear appropriate protective gear and follow the social distancing requirements identified in Section III.D of this Proclamation.
3. Persons traveling between islands to perform critical infrastructure functions as identified in Section III.A of this Proclamation will be subject to self- quarantine while away from their island residence but may break quarantine to perform necessary functions. Upon return to their island residence, such persons will not be subject to the self-quarantine so long as they wear appropriate protective gear and follow the social distancing requirements identified in Section III.D of this Proclamation.
C. Force and Effect of Law
Pursuant to section 127A-25, HRS, all provisions set forth in Section IV of this Proclamation and the Rules Relating to COVID-19 Travel Quarantine, Exhibit D attached hereto, are hereby adopted as rules and shall have the force and effect of law. (These rules are hereinafter referred to as the “Travel Quarantine Rules”).
Pursuant to section 127A-29, HRS, any person who intentionally or knowingly violates the Travel Quarantine Rules shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.
V. Suspension of Laws
The following laws are suspended, as allowed by federal law, pursuant to section 127A-13(a)(3), HRS, in order for county and state agencies to engage in emergency management functions as defined in section 127A-2, HRS:
A. Session Laws
Section 9, Act 5, Session Laws of Hawaii 2019, to the extent that the appropriation for debt service payments shall no longer be limited to principal and interest payments on general obligation bonds, such that debt service moneys may be used for bond counsel fees, costs related to tax compliance work on the expenditure of general obligation bond proceeds, and other bond related costs.
B. Division 1. Government
Section 26-33, HRS, performance of duties of vacant office. Section 37-41, HRS, appropriations to revert to state treasury;
Section 37-74(d), HRS, program execution, except for sections 37-
74(d)(2) and 37-74(d)(3), HRS, and any such transfers or changes considered to be authorized transfers or changes for purposes of section 34-74(d)(1) for legislative reporting requirements.
Section 40-66, HRS, appropriations lapse when.
Chapter 46, HRS, county organization and administration, with respect to any county ordinance, rule, regulation, law or provision which applies to any county permitting, licensing, zoning, variance, processes, procedures, fees, or any other requirements that hinder, delay, or impede the purpose of this proclamation.
Section 78-13, HRS, salary periods, to the extent necessary to allow the State of Hawaii Department of Defense to pay, as expeditiously as possible, members of the Hawaii National Guard ordered into active service and deployed in response to this emergency.
Chapter 89, HRS, collective bargaining in public employment.
Chapter 89C, HRS, public officers and employees excluded from collective bargaining.
Chapter 91, HRS, administrative procedure, to the extent necessary such that, at the sole discretion of the department or agency, any administrative hearing may be conducted by telephone or video conference without the parties, department or agency, being physically present in the same location; any deadlines may be waived or suspended; and any administrative hearing procedures, such as, but not limited to, conferences, filing of documents, or service, may be done via telephone or email. Additionally, to provide agencies with maximum flexibility to respond to the COVID-19 emergency, and to authorize any agency or court to stay or continue administrative hearings, appeals, and related deadlines as necessary.
Administrative hearings not subject to Chapter 91, to the extent necessary such that, at the sole discretion of the department of agency, any such hearing may be conducted by telephone or video conference without the parties, department, or agency, being physically present in the same location; any deadlines may be waived or suspended; and any hearing procedures, such as, but not limited to, conferences, filing of documents, or service, may be done via telephone or email.
Section 91-3(b), HRS, procedure for adoption, amendment, or repeal of rules, and section 325-2, HRS, physicians, laboratory directors, and health care professionals to report to the extent necessary to add coronavirus disease 2019 (COVID-19) (SARS-CoV-2) to Exhibits A and B of Chapter 11-156, Hawaii Administrative Rules (HAR), without adopting emergency rules, and to ensure that physicians, health care professionals, and laboratory directors shall report the incidence or suspected incidence of COVID-19 to the department of health in the manner specified by the department of health and that test results (including positive and negative results) be reported to the department of health via the electronic laboratory reporting system and by telephone on an urgent basis. The addition of (COVID-19) (SARS-CoV-2) to Exhibits A and B of Chapter 11-156, HAR, shall be effective for a period of one hundred eighty (180) days from the date of this Proclamation.
Chapter 92, HRS, public agency meetings and records, to the extent set forth in Exhibit H attached hereto.
Chapter 92F, HRS, uniform information practices act (modified), to the extent set forth in Exhibit H attached hereto.
Section 102-2, HRS, contracts for concessions; bid required, exception.
Section 103-2, HRS, general fund.
Section 103-53, HRS, contracts with the State or counties; tax clearances, assignments.
Section 103-55, HRS, wages, hours, and working conditions of employees of contractors performing services.
Section 103-55.5, HRS, wages and hours of employees on public works construction contracts.
Chapter 103D, HRS, Hawaii public procurement code.
Chapter 103F, HRS, purchases of health and human services.
Chapter 104, HRS, wages and hours of employees on public works, to
the extent that this suspension only applies to construction contracts for governmental construction projects related to COVID-19 entered into on or after the date of the Supplementary Proclamation issued on March 16, 2020 through the duration of the emergency.
Chapter 105, HRS, government motor vehicles, except for section 105- 11, HRS, State motor pool revolving fund.
Section 127A-30(a)(2), HRS, rental or sale of essential commodities during a state of emergency; prohibition against price increases, to the extent that it permits the termination of any tenancy for a residential dwelling unit in the area that is the subject of the proclamation for a breach of a material term of a rental agreement or lease resulting from a failure to pay all or any portion of the rent or lease, maintenance fees, utility charges, taxes or other fees required by the rental agreement or lease. Additionally, section 521-68, HRS, landlord’s remedies for failure by tenant to pay rent and section 521-71, HRS, termination of tenancy; landlord’s remedies for holdover tenants and Chapter 666, landlord and tenant, to the extent necessary to prohibit the commencement, continuation, or prosecution of an action, to terminate any tenancy for a residential dwelling unit, for failure to pay all or any portion of the rent, maintenance fees, utility charges, taxes or other fees required for the residential dwelling unit.
Sections 134-3(a) and (b), HRS, registration, mandatory, exceptions, to the extent necessary such that the chiefs of police of the counties, in their sole discretion, may suspend the deadline whereby a person must register a firearm within five days after arrival in the State of the person or firearm, whichever arrives later, and the deadline whereby a person acquiring a firearm pursuant to section 134-2, HRS, must register the firearm within five days of acquisition.
Section 183C-6, HRS, permits and site plan approvals, to the extent necessary to enable the Department of Land and Natural Resources to administer the permitting program for conservation district use permits without the application of provisions providing for automatic approval of permit requests that are not acted upon within 180 days.
Chapter 205A, HRS, coastal zone management.
Section 237D-6.5(b), HRS, distribution of the transient accommodations tax.
Chapter 261, HRS, aeronautics
Chapter 281, HRS, intoxicating liquor, and related administrative rules, to the extent as follows:
1. Section 281-1, HRS, definitions, to exclude hand sanitizer and surface disinfectants from the definition of “liquor” and “intoxicating liquor”; and
2. Section 281-31, HRS, licenses, classes to enable the county liquor commissions to allow licensees to sell unopened beer or unopened wine or unopened prepackaged cocktails with food for pick up, delivery, take out, or other means to be consumed off the premises,and to enable county liquor commissions to waive, suspend, or postpone any deadlines or administrative procedures; and to allow class 1 licensees to purchase fermentable wash from class 1, 3, 14, and 18 licensees.
Provided that liquor licensees shall comply at all times with any and all federal laws and any and all state and county laws not specifically suspended herein, including, but not limited to, Chapter 149A, HRS, Hawaii Pesticides Law, and the rules, regulations, and requirements of the State of Hawai‘i Department of Agriculture, the U.S. Food and Drug Administration, the U.S. Environmental Protection Agency, and the U.S. Alcohol and Tobacco Tax and Trade Bureau.
Section 281-37, HRS, sales of alcohol, and related administrative rules, to the extent to allow hospitals and medical clinics to purchase hand sanitizer and surface disinfectants in any quantity from class 1 licensees without holding a county alcohol purchase permit.
Provided that liquor licensees shall comply at all
times with any and all federal laws and any and all state and county laws not specifically suspended herein, including, but not limited to, Chapter 149A, HRS, Hawaii Pesticides Law, and the rules, regulations, and requirements of the State of Hawai‘i Department of Agriculture, the U.S. Food and Drug Administration, the U.S. Environmental Protection Agency, and the U.S. Alcohol and Tobacco Tax and Trade Bureau.
Section 281-42(a)(6) and (b)(2), HRS, manufacturers and wholesale dealers, special restrictions, and any related administrative rules, to the extent necessary to enable the county liquor commissions to allow liquor manufacturers and wholesale dealers to negotiate credit terms for periods in excess of thirty (30) days with liquor retail licensees during the disaster emergency relief period, subject to the following restrictions:
1. Any credit negotiations under this suspension must be finalized prior to the termination of the disaster emergency relief period;
2. The suspension of Section 281-42(a)(6), HRS, shall terminate upon the termination of the disaster emergency relief period;
3. The suspension of Section 281-42(b)(2), HRS, shall remain in effect until twenty-one (21) days after the termination of the disaster emergency relief period to the extent necessary to allow liquor retail licensees who have outstanding invoice balances more than thirty (30) days due, to continue purchasing liquor by credit.
Chapter 266, HRS, harbors.
Chapter 286, HRS, highway safety.
Section 291-31.5, HRS, blue lights prohibited for motor vehicles,
motorcycles, motor scooters, bicycles, mopeds to the extent necessary to allow Department of the Attorney General vehicles to operate with blue lights when used for law enforcement related emergency management functions.
Section 291-51.6, HRS, issuance of temporary removable windshield placards, to the extent that the Director of the Department of Health may extend the duration of the temporary removable windshield placard beyond six months.
Section 291-52, HRS, issuance of removable windshield placard, with respect only to the statutory six-year expiration.
Sections 302D-12(h)(1) to (5), HRS, charter school governing boards; powers and duties, to the extent necessary to enable the governing board of a charter school to conduct business in person or through remote technology without holding meetings open to the public. The governing boards shall consider reasonable measures to allow public participation consistent with social distancing practices, such as providing notice of meetings, allowing submissions of written testimony on agendized items, live streaming meetings, and posting minutes of meetings online. No governing board deliberation or action shall be invalid, however, if such measures are not taken.
Chapter 325, HRS, infectious and communicable diseases, to the limited extent that any provision conflicts with the Governor’s exercise of emergency powers herein under section 127A-13(a)(1), HRS.
Sections 329-32(a), 329-33(a), 329-38.2, HRS, uniform controlled substances act, and related administrative rules, to the extent necessary to allow out-of-state physicians and nurses to dispense (including prescribing and administering) controlled substances without having to register in Hawai‘i, as contemplated in the United States Drug Enforcement Administration’s (DEA) COVID-19 Policy Concerning Separate Registration Across State Lines dated March 25, 2020. Such physicians or nurses must maintain active registration in at least one state and be authorized under that state’s law to dispense controlled substances. Such doctors or nurses must also otherwise comply with state laws, including those related to controlled substances.
Section 329-32(e), HRS, registration requirements, and related administrative rules, for the limited purpose of allowing the offsite dispensing of necessary take-home doses of medication for medication assisted treatment by an opioid treatment program (OTP) authorized under Section 329-40, HRS, without obtaining a separate state registration, as contemplated in the DEA’s COVID-19 policy concerning DEA narcotic treatment programs dated April 7, 2020.
Section 329-38(a)(1)(C), HRS, prescriptions, and related administrative rules, only to the extent necessary to allow a facsimile, photograph, or scan of a written prescription to be delivered to the dispensing pharmacist within 15 days of an emergency oral prescription, as contemplated in the DEA’s COVID-19 guidance concerning the issuance of oral schedule II prescriptions dated March 27, 2020.
Section 329-40 (b)(7), HRS, methadone treatment program, and related administrative rules, for the limited purpose of permitting the issuance of up to 28 doses of methadone to qualified patients in an opioid treatment program in accordance with the United States Substance Abuse and Mental Health Services Administration’s Opioid Treatment Program Guidance, updated on March 19, 2020.
Section 329-41(a)(8), HRS, prohibited acts B penalties, for the sole and limited purpose of enabling authorized physicians practicing telehealth as provided in section 453-1.3, HRS, to issue prescriptions for controlled substances. Such physicians must otherwise comply with all other requirements of Chapter 329, HRS.
Section 329-101(b), HRS, reporting of dispensation of controlled substances; electronic prescription accountability system; requirements; penalty, to the extent necessary to enable the Department of Public Safety to issue State controlled substance registrations prior to an applicant’s registration with the electronic prescription accountability system.
Chapter 329, Part IX, HRS, medical use of cannabis, to the extent necessary to allow the Department of Health to extend the effective period of registration for qualifying patients and primary caregivers with registration cards with expiration dates in March, April, and May for ninety (90) days. This suspension shall not apply to the registration of a qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient.
Chapter 346, Part VIII, HRS, child care, and related administrative rules for child care licensing and subsidies, to the extent necessary such that the Director of the Department of Human Services, in his sole discretion and for the purpose of assisting those in need, may suspend fingerprinting requirements; suspend the requisite staffing configurations and the number of children per adult ratio for a child care establishment facility; suspend eligibility and other requirements for family units impacted by an emergency; disregard emergency related benefits in calculating child care subsidies; suspend application deadlines for child care subsidies; allow for re-determinations of eligibility and monthly payment amounts within the eligibility period; and suspend subsidy payments for longer than one month when a payment amount is determined to be zero. Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules, as set forth on Exhibit E attached hereto are hereby adopted.
Sections 346-59.1, 431:10A-116.3, 432:1-601.5, and 432D-23.5, HRS, coverage for telehealth, to the extent that the definitions of “telehealth” in each section shall exclude the use of standard telephone contacts.
Section 346-71, HRS, general assistance to households without minor dependents, and related administrative rules, to the extent necessary to allow for a presumptive determination of a disability for the duration of the emergency.
Section 346-97, HRS, criminal history record checks, and related administrative rules, to the extent necessary for the Director of the Department of Human Services, in his sole discretion, to suspend criminal history record check requirements prior to enrolling Medicaid service providers.
Section 346-261, HRS, First-To-Work; establishment; purpose, and related administrative rules, to the extent necessary such that the Director of the Department of Human Services, in his sole discretion and for the purpose of assisting those in need, may suspend eligibility and other requirements for family units impacted by an emergency, and may provide additional rent support for family units impacted by an emergency during the emergency period.
Section 353-62(b)(5), HRS, Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff, and related administrative rules, to allow a hearing before a panel of at least two members of the paroling authority in all cases.
Section 373-3, HRS, fees; biennial renewal, restoration, section 437- 23(a), HRS, term of license, section 439-18(c), HRS, schools, section 443B- 4.58, HRS, biennial renewal requirement, section 440-14, HRS, license, limitations, renewals, section 444-15, HRS, fees; biennial renewals; inactive license, section 448E-8, HRS, fees; renewals, section 448F-9, HRS, biennial renewal; failure to renew, section 448H-8, HRS, fees, section 16-81-10, HAR, renewal of license, section 452-16, HRS, renewal of license; fees, section 453-3(2), HRS, limited and temporary licenses; section 453-3(4), HRS, limited and temporary licenses, section 453-6, HRS, fees; expenses, section 453D- 11, HRS, renewal of license; fees, section 457A-7(e), HRS, medicare or medicaid nurse aide certification, section 457A-8(e), HRS, nurse aide certification for state licensed or state-certified health care settings, section 457B-9(b), HRS, fees, section 457G-6, HRS, biennial renewal; failure to renew; restoration, inactive license; conversion from registration, section 458-8(a), HRS, expiration and renewal, section 460J-14, HRS, fees; biennial renewal; inactive license, section 461J-10, HRS, biennial renewal; failure to renew, section 462A-6, HRS, duration and renewal of license, section 16-96- 27, HAR, renewal of license, section 463-10, HRS, licenses; fees; renewal of licenses; inactive license, section 464-9(c), HRS, applications for and certificates of licensure; renewal; fees; continuing education, section 465- 11(a), HRS, renewals; continuing education requirement, section 466D-10, HRS, renewal of license, section 467-11, HRS, fees; original license and biennial renewals, section 471-9(c), HRS, licenses, section 472-2(a)(1), HRS, practice of veterinary technology; qualifications; registration required, section 481E-5(f), HRS, certificate of registration; issuance or denial; renewal, section 481Z-6(f), HRS, certificate of registration; issuance or denial; renewal, section 484-9(a), HRS, annual report, section 514E-10(e), HRS, registration required; developer, acquisition agent, plan manager, and exchange agent; registration renewal, section 514E-10.2(h), HRS, limited permit, to the extent necessary such that the Director of the Department of Commerce and Consumer Affairs may suspend or extend license renewal or certification deadlines.
Section 377-9, HRS, prevention of unfair labor practices, to the extent necessary such that, at the sole discretion of the Hawaii Labor Relations Board, the requirement to hold a hearing on the complaint not more than 40 days after the filing of the complaint or amendment thereof may be waived.
Chapter 383, HRS, Hawaii employment security law, to the extent necessary and as allowed by federal law, through the duration of the emergency as defined under federal law, to enable the Director of the Department of Labor and Industrial Relations to:
1. waive the one-week waiting period for unemployment insurance claimants, the able and available requirement not already exempted, the work search requirements, and online registration for work requirement on HireNet for claimants who are otherwise eligible for unemployment insurance benefits as a result of COVID- 19 for claims beginning March 1, 2020;
2. extend deadlines;
3. allow greater flexibility in determining good cause, employer
contributions to the Unemployment Insurance Trust Fund, and
employer experience rating; and
4. waive required cash or in-kind contributions at the sole discretion of
the Director of the Department of Labor and Industrial Relations.
Section 383-128(b), HRS, employment and training fund established, to the extent necessary to assist workers who have become unemployed as a result of the COVID-19 response, and to address the critical skills shortage resulting from the COVID-19 response, so that the employment and training fund may be used to train newly hired employees so that they may acquire the necessary knowledge, skills and behaviors to become effective and productive employees.
Chapter 386, HRS, workers’ compensation law, to the extent necessary such that the Department of Labor and Industrial Relations’ failure to act within the specified period shall not be deemed an automatic approval.
Chapter 394B, HRS, dislocated workers, to the extent necessary to waive notice requirements and deadlines; payment of back pay, benefits, or other forms of compensation; payment of dislocated employees or worker allowance; imposition of penalties; and any private right of action for failure to comply with Chapter 394B, HRS, resulting from the COVID-19 response.
Sections 397-6(c) and (d), HRS, safety inspection by qualified inspectors, and related administrative rules, and 76-16(a), civil service and exemptions, to the extent necessary to allow the department of labor and industrial relations to hire elevator mechanics, licensed under Chapter 448H, HRS, to perform safety inspections of elevators and kindred equipment as required under Chapter 397, HRS.
C. Division 2. Business
Chapter 432E, Part IV, HRS, external review of health insurance determinations, to the extent necessary to suspend all proceedings for external review until rescheduled by the Insurance Commissioner; and to extend any deadlines, including but not limited to the 130-day deadline to file a request for external appeal.
Chapter 453, HRS, medicine and surgery, and Chapters 16-85, HAR, medical examiners, and 16-93, HAR, osteopaths, to the extent necessary to allow out-of-state physicians, osteopathic physicians, and physician assistants with a current and active license, or those previously licensed pursuant to Chapter 453, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, or clinical laboratory, or other health care entity.
Section 453-1.3, HRS, practice of telehealth, to the extent necessary to allow individuals currently and actively licensed pursuant to Chapter 453, HRS, to engage in telehealth without an in-person consultation or a prior existing physician-patient relationship; and to the extent necessary to enable out-of-state physicians, osteopathic physicians, and physician assistants with a current and active license, or those who were previously licensed pursuant to Chapter 453, HRS, but who are no longer current and active, to engage in telehealth in Hawai‘i without a license, in-person consultation, or prior existing physician-patient relationship, provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.
Chapter 456, HRS, notaries public, and related administrative rules, to the extent necessary to suspend any requirement that would require close physical contact to accomplish notary functions. Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Notaries, as set forth on Exhibit F attached hereto are hereby adopted.
Chapter 457, HRS, nurses, and chapter 16-89, HAR, nurses, to the extent necessary to allow out-of-state licensed practical nurses, registered nurses, advanced practice registered nurses, and advance practice registered nurses with prescriptive authority with a current and active license, or those previously licensed pursuant to Chapter 457, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.
Section 457-7, HRS, registered nurses; qualifications; licenses; fees; title; existing licensed nurses; verification of licenses; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of nursing education programs approved by the State Board of Nursing, within 180 days following graduation, to be employed to practice nursing under the supervision of a registered nurse, with the endorsement of the employing health care entity.
Section 457-8, HRS, licensed practical nurse; qualifications; license; fees; title; existing licensed nurses; verification of licenses; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of nursing education programs approved by the State Board of Nursing, within 180 days following graduation, to be employed to practice nursing under the supervision of a registered licensed practical nurse, with the endorsement of the employing health care entity.
Section 457-8.5, HRS, advanced practice registered nurse; qualifications; licensure; endorsement; fees; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of an accredited graduate-level education program preparing the nurse for one of the four recognized advanced practice registered nurse roles licensed by the State Board of Nursing, within 180 days following graduation, to be employed to practice as an advanced practice registered nurse, with the endorsement of the employing health care entity.
Section 457G-1.4, HRS, license required, and section 457G-1.5, HRS, practice of occupational therapy, to the extent necessary to allow out-of- state occupational therapists and occupational therapy assistants with current and active licenses, or those previously license pursuant to Chapter 457G, HRS, but who are no longer current and active, to practice in Hawai’i without a license; provided that they have never had their licenses revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.
Section 461-5, HRS, qualifications for license, and Section 461-6, HRS, examination; license, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of a pharmacy college accredited by the Accreditation Council for Pharmacy Education, within 180 days following the conferment of the doctor of pharmacy degree, to be employed to practice pharmacy under the supervision of a registered pharmacist, with the endorsement of the employing health care entity.
Section 461-9(a), HRS, pharmacist in charge; pharmacy personnel, and Sections 16-95-79(a), HAR, supervision by a registered pharmacist, and 16-95-80(a), HAR, physical presence of a registered pharmacist, to the extent necessary to allow a registered pharmacist currently and actively licensed pursuant to Chapter 461, HRS, or pharmacy intern currently and actively permitted by the board, to fill, compound, or receive prescriptions by remote data entry.
Section 461J-2, HRS, practice of physical therapy; qualifications, section 461J-6, HRS, permanent licenses, and section 16-110- 20, HAR,requirements for a permanent physical therapist license or physical therapist assistant license, to the extent necessary to allow an out-of- state physical therapist or physical therapy assistant with a current and active license, or those previously licensed pursuant to Chapter 461J, HRS, but who are no longer current and active, to practice in Hawai‘i without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.
Section 464-4, HRS, public works.
Section 466D-3, HRS, license required, and section 466D-9, HRS, licensure by endorsement, to the extent necessary to allow an out-of- state respiratory therapist with a current and active license, or those previously licensed pursuant to Chapter 466D, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.
Section 466J-4, HRS, licenses required, section 466J-5, HRS, radiographers, radiation therapists, and nuclear medicine technologists, qualifications and licenses, section 11-44-3, HAR, licenses required, section 11-44-4, HAR, application for license, and section 11-44-5, HAR, minimum eligibility requirements for license, to the extent necessary to allow an out-of- state radiographer, radiation therapist, or nuclear medicine technologist, with a current and active registration or certification in good standing with the American Registry of Radiologic Technologists (ARRT) in radiography, radiation therapy technology, or nuclear medicine technology or with the Nuclear Medicine Technology Certification Board (NMTCB) in nuclear medicine technology; or those previously licensed pursuant to Chapter 466J, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or other health care entity that possesses a current and valid radiation facility license. Facilities are required to submit to the Radiologic Technology Board the following information for individuals performing radiologic technology under this exemption: full name; ARRT, NMTCB or previous license number; and a photocopy of the current ARRT or NMTCB credential card or defunct license (if available).
Section 468E-3, HRS, practice as speech pathologist or audiologist; title or description of services, section 468E-4, HRS, persons and practices not affected, section 468E-8, HRS, license, section 16-100-12, HAR, registration required, and section 16-100-16, HAR, general requirements, to the extent necessary to allow an out-of-state speech pathologist or audiologist with a current and active license, or those previously licensed pursuant to Chapter 468E, HRS, but who are no longer current and active, to practice in Hawai‘i without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.
Section 471-10, HRS, refusal to grant and revocation or suspension of license, to the extent necessary to enable veterinarians to engage in telehealth without a previously existing Veterinarian-Client-Patient-Relationship or physical examination of the patient.
Chapter 481I, HRS, motor vehicle express warranty enforcement (lemon law), to the extent necessary such that, at the sole discretion of the Department of Commerce and Consumer Affairs, any arbitration hearing may be conducted by telephone or video conference without the parties, arbitrator, or department being physically present in the same location; any deadlines, including but not limited to, the lemon law rights period under section 481I-2, HRS, may be extended, waived, or suspended; and any hearing procedures, including but not limited to, submission of documents or service, may be done via telephone or email.
D. Division 3. Property; Family
Chapter 501, HRS, land court registration, and related court or administrative rules, to the extent necessary such that the Registrar of the Bureau of Conveyances, in his sole discretion and for the purpose of facilitating the recording functions of the Bureau of Conveyances, may suspend recording requirements calling for certified copies of court records, or any other recording requirements that cannot be satisfied under the current emergency conditions, including but not limited to recording requirements which may require close physical contact.
Chapter 502, HRS, bureau of conveyances; recording, and related court or administrative rules, to the extent necessary such that the Registrar of the Bureau of Conveyances, in his sole discretion and for the purpose of facilitating the recording functions of the Bureau of Conveyances, may suspend recording requirements calling for certified copies of court records, or any other recording requirements that cannot be satisfied under the current emergency conditions, including but not limited to recording requirements which may require close physical contact.
Section 572-6, HRS, application; license; limitations, to the extent necessary to suspend the requirement that persons applying for a marriage license shall appear personally before an agent authorized to grant marriage licenses. During the time that this emergency order is effective, persons applying for a marriage license may appear by synchronous, real-time, interactive audio and video telecommunications before an agent authorized to grant marriage licenses.
Chapter 576E, HRS, administrative process for child support enforcement, and related administrative rules, to the extent necessary such that, at the sole discretion of the Department of the Attorney General or the Child Support Enforcement Agency, the agency may sign an order temporarily suspending or modifying child support obligations without the need to commence administrative proceedings when all parties are in mutual agreement.
Section 11-219-7.5(e), HAR, renewal of parking permits, to the extent that the six-year recertification for special license plates shall be suspended if such recertification becomes due during the emergency period.
E. Division 4. Courts and Judicial Proceedings
Nothing suspended or invoked by this Proclamation.
F. Division 5. Crimes and Criminal Proceedings
Sections 706-669, 706-670, and 706-670.5, HRS, disposition of
convicted defendants, to the extent that these sections and related administrative rules prescribe time limits for matters before the Hawaii Paroling Authority.
Chapter 712A, HRS, forfeiture, to the extent necessary to provide petitioners, owners, law enforcement agencies, prosecutor, or the Attorney General, relief from any statutory deadlines.
Chapter 846E, HRS, registration of sex offenders and other covered offenders and public access to registration information, to the extent necessary to suspend any requirement that a covered offender must come into close physical contact with an agency with jurisdiction, the attorney general, or chief of police, or their designees to satisfy any element of this section.
I FURTHER DECLARE that the disaster emergency relief period shall continue through May 31, 2020, unless terminated or extended by a separate proclamation, whichever shall occur first.
Clare E. Connors
Attorney General State of Hawaiʻi
Done at the State Capitol, this 5th day of May, 2020.
DAVID Y. IGE,
Governor of Hawaiʻi
Restatement of Executive Order No. 20-05
Federal Critical Infrastructure Sectors
CDC Cloth Face Covering Recommendation
Rules Relating to COVID-19 Travel Quarantine
Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules
Rules Relating to Notaries Public
Designated Businesses and Operations
EXHIBIT H Sunshine Law and UIPA
EXECUTIVE ORDER NO. 20-05
By the authority vested in me by the Constitution and the laws of the State of Hawai‘i, I, David Y. Ige, Governor of the State of Hawai‘i, hereby order the following, effective on the date of this Executive Order to and including the date that the emergency ceases:
1. For the purposes of this Executive Order, the following terms are defined as set forth below:
a. “Health care facility” means any program, institution, place,
building, or agency, or portion thereof, private or public, other than federal facilities or services, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. The term includes but is not limited to facilities licensed or certified by DOH pursuant to section 321-11(10), Hawaii Revised Statutes (HRS), and others providing similarly organized services regardless of nomenclature, and any state government-operated site providing health care services established for the purpose of responding to the COVID-19 outbreak.
b. “Health care professional” means physicians and surgeons and others licensed pursuant to chapter 453, podiatrists licensed pursuant to chapter 463E, dentists licensed pursuant to chapter 448, psychologists licensed pursuant to chapter 465, nurses licensed pursuant to chapter 457, veterinarians licensed pursuant to chapter 471, acupuncturists licensed pursuant to chapter 436E, massage therapists licensed pursuant to chapter 452, naturopathic physicians licensed pursuant to chapter 455, chiropractors licensed pursuant to chapter 442, occupational therapists licensed pursuant to chapter 457G, physical therapists licensed pursuant to chapter 461J, respiratory therapists licensed pursuant to chapter 466D, speech pathologists or audiologists licensed pursuant to chapter 468E, and pharmacists licensed pursuant to chapter 461 who (i) are providing health care services at a health care facility in response to the COVID-19 outbreak and are authorized to do so; or (ii) are working under the direction of the Hawai‘i Emergency Management Agency (HIEMA) or Hawai‘i Department of Health (HDOH) pursuant to my Proclamation issued on March 4, 2020, Supplementary Proclamation issued on March 16, 2020, Second Supplementary Proclamation issued on March 21, 2020, Third Supplementary Proclamation issued on March 23, 2020, or any Executive Order or Supplementary Proclamations related to the COVID-19 outbreak (hereinafter collectively referred to as Emergency Proclamations).
c. “Health care volunteer” means all volunteers or medical, nursing, social work, pharmacy, occupational, physical, or respiratory therapist students who do not have licensure who (i) are providing services, assistance, or support at a health care facility in response to the COVID-19 outbreak and are authorized to do so; or (ii) are working under the direction of HIEMA or HDOH pursuant to my Emergency Proclamations.
2. Pursuant to sections 127A-12(a)(5) and 663-1.5, HRS, I direct all health care facilities, health care professionals, and health care volunteers, as defined in section 1 of this Executive Order, to render assistance in support of the State’s response to the disaster recognized by the Emergency Proclamations. For health care facilities, “rendering assistance” in support of the State’s response includes cancelling or postponing elective surgeries and procedures as each facility determines to be appropriate under the circumstances presented by the COVID-19 emergency if elective surgeries or procedures are performed at the health care facility. In addition, for health care facilities, “rendering assistance” in support of the State’s response must include measures such as increasing the number of beds, preserving personal protective equipment, or taking necessary steps to prepare to treat patients with COVID-19. For health care professionals, “rendering assistance” in support of the State’s response means providing health care services at a health care facility in response to the COVID-19 outbreak, or working under the direction of HIEMA or HDOH pursuant to the Emergency Proclamations. For health care volunteers, “rendering assistance” in support of the State’s response means providing services, assistance, or support at a health care facility in response to the COVID-19 outbreak, or working under the direction of HIEMA or HDOH pursuant to the Emergency Proclamations.
3. Pursuant to sections 127A-9 and 127A-12(a)(5), HRS, I direct that during the pendency of the Emergency Proclamations, health care facilities, as defined in section 1 of this Executive Order, that in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death or injury to persons, or property damage alleged to have been caused by any act or omission by the health care facility, which death of or injury to persons, or property damage occurred at a time when the health care facility was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such death or injury to persons, or property damage was caused by willful misconduct, gross negligence, or recklessness of the health care facility.
4. Pursuant to sections 127A-9 and 127A-12(a)(5), HRS, I direct that during the pendency of the Emergency Proclamations, health care professionals, as defined in section 1 of this Executive Order, who in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death or injury to persons, or property damage alleged to have been caused by any act or omission by the health care professional, which death of or injury to persons, or property damage occurred at a time when the health care professional was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such death or injury to persons, or property damage was caused by willful misconduct, gross negligence, or recklessness of the health care professional.
5. Pursuant to sections 127A-9 and 127A-12(a)(5), Hawaii Revised Statutes, I direct that during the pendency of the Emergency Proclamations, any health care volunteer, as defined in section 1 of this Executive Order, who in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death of or injury to persons, or property damage alleged to have been caused by any act or omission by the health care volunteer at a time when the health care volunteer was engaged in the course of rendering assistance to the State by providing services, assistance, or support in response to the COVID-19 outbreak, unless it is established that such death of or injury to persons, or property damage was caused by the wilful misconduct, gross negligence, or recklessness of the health care volunteer.
6. Nothing in this Executive Order shall be construed to preempt or limit any applicable immunity from civil liability available to any health care facility, health care professional, or health care volunteer.
7. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive order are declared to be severable.
This order is in accordance with and incorporates by reference my Proclamation issued on March 4, 2020; Supplementary Proclamation issued on March 16, 2020; Second Supplementary Proclamation issued on March 21, 2020, Third Supplementary Proclamation issued on March 23, 2020, Fourth Supplementary Proclamation issued on March 31, 2020, and Fifth Supplementary Proclamation issued on April 16, 2020.
The provisions of this order shall remain in effect for the emergency period, unless terminated by separate proclamation, whichever shall occur first.
CLARE E. CONNORS
Attorney General State of Hawai‘i
Done at the State Capitol this 16th day of April, 2020
DAVID Y. IGE Governor of Hawai‘i
Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response
Version 3.0 (April 17, 2020)
THE IMPORTANCE OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS
Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in these times to continue operations.
This advisory guidance and accompanying list are intended to support state, local, tribal, territorial and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and that need to be able to operate resiliently during the COVID-19 pandemic response.
This document gives advisory guidance on defining essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods of community restriction, access management, social distancing, or closure orders/directives is crucial to community resilience and continuity of essential functions. The term “workers” as used in this guidance is intended to apply to both employees and contractors performing the described functions.
CISA will continually solicit and accept feedback on the list and will evolve the list in response to stakeholder feedback. We will also use our various stakeholder engagement mechanisms to work with partners on how they are using this list and share those lessons learned and best practices broadly. Feedback can be sent to [email protected].
CONSIDERATIONS FOR GOVERNMENT AND BUSINESS
This list was developed in consultation with federal agency partners, industry experts, and State and local officials, and is based on several key principles:
Essential Critical InfrasEtruXctHureIBWoIrTkfoBrce
Response efforts to the COVID-19 pandemic are locally executed, state managed, and federally supported.
Everyone should follow guidance from the Centers for Disease Control and Prevention (CDC), as well as state and local government officials, regarding strategies to limit disease spread.
Employers must comply with applicable Occupational Safety and Health Administration (OSHA) requirements for protecting critical infrastructure workers who remain on or return to the job during the COVID-19 pandemic. As the nation relies on these workers to protect public health, safety, and community well-being, they must be protected from exposure to and infection with the virus so that they can continue to carry out
Essential Critical InfrasEtruXctHureIBWoIrTkfoBrce their responsibilities. OSHA has guidance and enforcement information for workplaces at
4. Businesses and government agencies may continue to implement organization-specific measures, which protect the workforce while meeting mission needs.
5. Workers should be encouraged to work remotely when possible and focus on core business activities. In- person, non-mandatory activities should be delayed until the resumption of normal operations.
6. When continuous remote work is not possible, businesses should enlist strategies to reduce the likelihood of spreading the disease. This includes, but is not limited to, physically separating staff, staggering work shift hours or days, and other social distancing measures. While the CDC recommends that everyone wear a cloth face cover to contain respiratory droplets when around others, critical infrastructure employers must consider how best to implement this public health recommendation for source control in the workplace. For example, employers may provide disposable facemasks (e.g., surgical masks) instead of cloth face coverings when workers would need to wear masks for extended periods of time (e.g., the duration of a work shift) or while performing tasks in which the face covering could become contaminated.
7. Consider the impact of workplace sick leave policies that may contribute to an employee decision to delay reporting medical symptoms. Sick employees should not return to the workplace until they meet the criteria to stop home isolation.
8. Critical infrastructure has an obligation to limit to the extent possible the reintegration of in-person workers who have experienced an exposure to COVID-19 but remain asymptomatic in ways that best protect the health of the worker, their co-workers, and the general public. An analysis of core job tasks and workforce availability at worksites can allow the employer to match core activities to other equally skilled and available in-person workers who have not experienced an exposure. CDC guidance on safety practices for critical infrastructure workers is maintained at https://www.cdc.gov/coronavirus/2019-ncov/community/critical- workers/implementing-safety-practices.html
9. All organizations should implement their business continuity and pandemic plans or put plans in place if they do not exist. Delaying implementation is not advised and puts at risk the viability of the business and the health and safety of the workers.
10. Reliance on technology and just-in-time supply chains means that certain workers must be able to access certain sites, facilities, and assets to ensure continuity of functions. The vast majority of our economy relies on technology and therefore information technology (IT) and operational technology (OT) workers for critical infrastructure operations are essential. This includes workers in many roles, including workers focusing on management systems, control systems, and Supervisory Control and Data Acquisition (SCADA) systems, and data centers; cybersecurity engineering; and cybersecurity risk management.
11. Government workers, such as emergency managers, and the business community need to establish and maintain lines of communication.
12. Essential critical infrastructure workers need continued and unimpeded access to sites, facilities, and equipment within quarantine zones, containment areas, or other areas where access or movement is limited to perform functions for community relief and stability; for public safety, security and health; for maintaining essential supply chains and preserving local, regional, and national economic well-being.
13. Essential critical infrastructure workers need sustained access to designated quarantine, containment, or Essential Critical InfrasEtruXctHureIBWoIrTkfoBrce restricted areas; and should be exempted from curfews, shelter-in-place orders, and transportation
restrictions or restrictions on movement.
14. Whenever possible, local governments should consider adopting specific state guidance on essential workers to reduce potential complications of workers crossing jurisdictional boundaries. When this is not possible, local jurisdictions should consider aligning access and movement control policies with neighboring jurisdictions to reduce the burden of cross-jurisdictional movement of essential critical infrastructure workers.
IDENTIFYING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS
The following list of identified essential critical infrastructure workers is intended to be overly inclusive reflecting the diversity of industries across the United States.
HEALTHCARE / PUBLIC HEALTH
• Workers, including laboratory personnel, that perform critical clinical, biomedical and other research, development, and testing needed for COVID-19 or other diseases.
• Healthcare providers including, but not limited to, physicians; dentists; psychologists; mid-level practitioners; nurses; assistants and aids; infection control and quality assurance personnel; pharmacists; physical, respiratory, speech and occupational therapists and assistants; social workers; optometrists; speech pathologists; chiropractors; diagnostic and therapeutic technicians; and radiology technologists.
• Workers required for effective clinical, command, infrastructure, support service, administrative, security, and intelligence operations across the direct patient care and full healthcare and public health spectrum. Personnel examples may include, but are not limited, to accounting, administrative, admitting and discharge, engineering, accrediting, certification, licensing, credentialing, epidemiological, source plasma and blood donation, food service, environmental services, housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians, respiratory therapists, etc.
o Emergency medical services workers.
o Prehospital workers included but not limited to urgent care workers.
o Inpatient & hospital workers (e.g. hospitals, critical access hospitals, long-term acute care hospitals, long-term care facilities, inpatient hospice, ambulatory surgical centers, etc.).
o Outpatient care workers (e.g. end-stage-renal disease, Federally Qualified Health Centers, Rural
Health Clinics, community mental health clinics, organ transplant/procurement centers, and
other ambulatory care settings/providers, comprehensive outpatient rehabilitation facilities, etc.). o Home care workers (e.g. home health care, at-home hospice, home dialysis, home infusion, etc.). o Workers at Long-term care facilities, residential and community-based providers (e.g. Programs
of All-Inclusive Care for the Elderly (PACE), Intermediate Care Facilities for Individuals with Intellectual Disabilities, Psychiatric Residential Treatment Facilities, Religious Nonmedical Health Care Institutions, etc.).
o Workplace safety workers (i.e., workers who anticipate, recognize, evaluate, and control workplace conditions that may cause workers’ illness or injury).
• Workers needed to support transportation to and from healthcare facility and provider appointments.
• Workers needed to provide laundry services, food services, reprocessing of medical equipment, and
• Workers that manage health plans, billing, and health information and who cannot work remotely.
• Workers performing cybersecurity functions at healthcare and public health facilities and who cannot
• Workers performing security, incident management, and emergency operations functions at or on behalf
of healthcare entities including healthcare coalitions, who cannot practically work remotely.
• Childcare, eldercare, and other service providers for essential healthcare personnel.
• Vendors and suppliers (e.g. imaging, pharmacy, oxygen services, durable medical equipment, etc.).
• Workers at manufacturers (including biotechnology companies and those companies that have shifted
production to medical supplies), materials and parts suppliers, technicians, logistics and warehouse operators, printers, packagers, distributors of medical products and equipment (including third party logistics providers, and those who test and repair), personal protective equipment (PPE), isolation barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs), dietary supplements, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies (including dispensers), sanitary goods, personal care products, pest control products, and tissue and paper towel products.
• Donors of blood, bone marrow, blood stem cell, or plasma, and the workers of the organizations that operate and manage related activities.
• Pharmacy staff, including workers necessary to maintain uninterrupted prescription, and other workers for pharmacy operations.
• Workers in retail facilities specializing in medical good and supplies.
• Public health and environmental health workers, such as:
o Workers specializing in environmental health that focus on implementing environmental controls, sanitary and infection control interventions, healthcare facility safety and emergency preparedness planning, engineered work practices, and developing guidance and protocols for appropriate PPE to prevent COVID-19 disease transmission.
o Public health/ community health workers (including call center workers) who conduct community- based public health functions, conducting epidemiologic surveillance and compiling, analyzing, and communicating public health information, who cannot work remotely.
• Human services providers, especially for at risk populations such as:
o Home delivered meal providers for older adults, people with disabilities, and others with chronic health conditions.
o Home-maker services for frail, homebound, older adults.
o Personal assistance services providers to support activities of daily living for older adults, people
with disabilities, and others with chronic health conditions who live independently in the
community with supports and services.
o Home health providers who deliver health care services for older adults, people with disabilities,
and others with chronic health conditions who live independently in the community with supports
• Government entities, and contractors that work in support of local, state, and federal public health and
medical mission sets, including but not limited to supporting access to healthcare and associated payment functions, conducting public health functions, providing medical care, supporting emergency management, or other services necessary for supporting the COVID-19 response.
• Mortuary service providers, such as:
o Workers performing mortuary funeral, cremation, burial, cemetery, and related services,
including funeral homes, crematoriums, cemetery workers, and coffin makers.
o Workers who coordinate with other organizations to ensure the proper recovery, handling,
identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to mental and behavioral health services to the family members, responders, and survivors of an incident.
LAW ENFORCEMENT, PUBLIC SAFETY, AND OTHER FIRST RESPONDERS
• Public, private, and voluntary personnel (front-line and management, civilian and sworn) in emergency management, law enforcement, fire and rescue services, emergency medical services (EMS), and security, public and private hazardous material responders, air medical service providers (pilots and supporting technicians), corrections, and search and rescue personnel.
• Personnel involved in provisioning of access to emergency services, including the provisioning of real-time text, text-to-911, and dialing 911 via relay.
• Personnel that are involved in the emergency alert system (EAS) ((broadcasters, satellite radio and television, cable, and wireline video) and wireless emergency alerts (WEA).
• Workers at Independent System Operators and Regional Transmission Organizations, and Network Operations staff, engineers and technicians to manage the network or operate facilities.
• Workers at emergency communication center, public safety answering points, public safety communications centers, emergency operation centers, and 911 call centers.
• Fusion Center workers.
• Workers, including contracted vendors, who maintain, manufacture, or supply equipment and services
supporting law enforcement, fire, EMS, and response operations (to include electronic security and life
safety security personnel).
• Workers and contracted vendors who maintain and provide services and supplies to public safety
facilities, including emergency communication center, public safety answering points, public safety communications centers, emergency operation centers, fire and emergency medical services stations, police and law enforcement stations and facilities.
• Workers supporting the manufacturing, distribution, and maintenance of necessary safety equipment and uniforms for law enforcement and all public safety personnel.
• Workers supporting the operation of firearm, or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.
• Public agency workers responding to abuse and neglect of children, spouses, elders, and dependent adults.
• Workers who support weather disaster and natural hazard mitigation and prevention activities.
• Security staff to maintain building access control and physical security measures.
FOOD AND AGRICULTURE
• Workers supporting groceries, pharmacies, convenience stores, and other retail (including unattended and vending) that sells human food, animal and pet food and pet supply, and beverage products, including retail customer support service and information technology support staff necessary for online orders, pickup, and delivery.
• Restaurant carry-out and quick serve food operations, including dark kitchen and food prep centers, carry-out, and delivery food workers.
• Food manufacturer workers and their supplier workers including those employed at food ingredient production and processing facilities; aquaculture and seafood harvesting facilities; livestock, poultry, seafood slaughter facilities; pet and animal feed processing facilities; human food facilities producing by- products for animal food; beverage production facilities; and the production of food packaging.
• Farmers, farm and ranch workers, and agribusiness support services to include those employed in auction and sales; grain and oilseed handling, storage, processing, and distribution; animal food, feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribution of veterinary drugs; and truck delivery and transport.
• Farmers, farm and ranch workers, and support service and supplier workers producing food supply domestically and for export, to include those engaged in raising, cultivating, harvesting, packing, storing, or delivering to storage or to market or to a carrier for transportation to market any agricultural or horticultural commodity for human consumption; agricultural inspection; fuel ethanol facilities; biodiesel and renewable diesel facilities; storage facilities; and other agricultural inputs.
• Workers and firms supporting the distribution of food, feed, and beverage and ingredients used in these products, including warehouse workers, vendor-managed inventory controllers, and blockchain managers.
• Workers supporting the sanitation and pest control of all food manufacturing processes and operations from wholesale to retail.
• Workers supporting the growth and distribution of plants and associated products for home gardens.
• Workers in cafeterias used to feed workers, particularly worker populations sheltered against COVID-19.
• Workers in animal diagnostic and food testing laboratories.
• Government, private, and non-governmental organizations’ workers essential for food assistance
programs (including school lunch programs) and government payments.
• Workers of companies engaged in the production, storage, transport, and distribution of chemicals,
medicines, vaccines, and other substances used by the food and agriculture industry, including seeds,
pesticides, herbicides, fertilizers, minerals, enrichments, and other agricultural production aids.
• Animal agriculture workers to include those employed in veterinary health (including those involved in
supporting emergency veterinary or livestock services); raising, caring for and management of animals for food; animal production operations; livestock markets; slaughter and packing plants, manufacturers, renderers, and associated regulatory and government workforce.
• Transportation supporting animal agricultural industries, including movement of animal medical and reproductive supplies and materials, animal vaccines, animal drugs, feed ingredients, feed and bedding, live animals, animal by-products, and deceased animals for disposal.
• Workers who support sawmills and the manufacture and distribution of fiber and forest products, including, but not limited to timber, paper, and other wood and fiber products, as well as manufacture and distribution of products using agricultural commodities.
• Workers engaged in the manufacture and maintenance of equipment and other infrastructure necessary for agricultural production and distribution.
• Workers supporting the energy sector, regardless of the energy source (including, but not limited to, nuclear, fossil, hydroelectric, or renewable), segment of the system, or infrastructure the worker is involved in, who are needed to construct, manufacture, repair, transport, permit, monitor, operate engineer, and maintain the reliability, safety, security, environmental health, and physical and cyber security of the energy system, including those who support construction, manufacturing, transportation, permitting, and logistics.
• Workers and contractors supporting energy facilities that provide steam, hot water or chilled water from central power plants to connected customers.
• Workers conducting energy/commodity trading/scheduling/marketing functions who can’t perform their duties remotely.
• Workers supporting the energy sector through renewable energy infrastructure (including, but not limited to, wind, solar, biomass, hydrogen, ocean, geothermal, and hydroelectric) and microgrids, including those supporting construction, manufacturing, transportation, permitting, operation and maintenance, monitoring, and logistics.
• Workers and security staff involved in nuclear re-fueling operations.
• Workers providing services related to energy sector fuels (including, but not limited to, petroleum (crude
oil), natural gas, propane, liquefied natural gas (LNG), compressed natural gas (CNG), natural gas liquids (NGL), other liquid fuels, nuclear, and coal) and supporting the mining, processing, manufacturing, construction, logistics, transportation, permitting, operation, maintenance, security, waste disposal, storage, and monitoring of support for resources.
• Workers providing environmental remediation and monitoring, limited to immediate critical needs technicians.
• Workers involved in the manufacturing and distribution of equipment, supplies, and parts necessary to maintain production, maintenance, restoration, and service at energy sector facilities across all energy sector segments.
• Workers who maintain, ensure, restore, or who are involved in the development, transportation, fuel procurement, expansion, or operation of, the generation, transmission, and distribution of electric power, including call centers, utility workers, engineers, retail electricity, construction, maintenance, utility telecommunications, relaying, and fleet maintenance technicians who cannot perform their duties remotely.
• Workers at coal mines, production facilities, and those involved in manufacturing, transportation, permitting, operation, maintenance, and monitoring at coal sites.
• Workers who produce, process, ship, and handle coal used for power generation and manufacturing.
• Workers in the electricity industry including but not limited to those supporting safety, construction,
manufacturing, transportation, permitting, operation/maintenance, engineering, physical and cyber
security, monitoring, and logistics
• Workers needed for safe and secure operations at nuclear generation including, but not limited to, those
critical to the broader nuclear supply chain, the manufacture and delivery of parts needed to maintain nuclear equipment, the operations of fuel manufacturers, and the production and processing of fuel components used in the manufacturing of fuel.
• Workers at fossil fuel (including but not limited to natural gas, refined, distillate, and/or coal), nuclear, and renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, geothermal, and hydroelectric), and microgrids, including those supporting safety, construction, manufacturing, transportation, permitting, operation, maintenance, monitoring, and logistics.
• Workers at generation, transmission, and electric black start facilities.
• Workers at Reliability Coordinator, Balancing Authority, local distribution control centers, and primary and
backup Control Centers, including, but not limited to, independent system operators, regional
transmission organizations, and local distribution control centers.
• Workers that are mutual assistance/aid personnel, which may include workers from outside of the state
or local jurisdiction.
• Vegetation management and traffic control for supporting those crews.
• Instrumentation, protection, and control technicians.
• Essential support personnel for electricity operations.
• Generator set support workers, such as diesel engineers used in power generation, including those
• Workers who support onshore and offshore petroleum drilling operations; platform and drilling construction and maintenance; transportation (including helicopter operations), maritime transportation, supply, and dredging operations; maritime navigation; well stimulation, intervention, monitoring, automation and control, extraction, production; processing; waste disposal, and maintenance, construction, and operations.
• Workers in the petroleum industry including but not limited to those supporting safety, construction, manufacturing, transportation, permitting, operation/maintenance, engineering, physical and cyber security, monitoring, and logistics.
• Workers for crude oil, petroleum, and petroleum product storage and transportation, including pipeline, marine transport, terminals, rail transport, storage facilities, racks, and road transport for use as end- use fuels such as gasoline, diesel fuel, jet fuel, and heating fuels or feedstocks for chemical manufacturing.
• Petroleum and petroleum product security operations center workers and workers who support maintenance and emergency response services.
• Petroleum and petroleum product operations control rooms, centers, and refinery facilities.
• Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them.
• Supporting new and existing construction projects, including, but not limited to, pipeline construction.
• Manufacturing and distribution of equipment, supplies, and parts necessary for production, maintenance,
restoration, and service of petroleum and petroleum product operations and use, including end-users.
• Transmission and distribution pipeline workers, including but not limited to pump stations and any other required, operations maintenance, construction, and support for petroleum products.
Natural Gas, Natural Gas Liquids (NGL), Propane, and Other Liquid Fuels
• Workers who support onshore and offshore drilling operations, platform and drilling construction and maintenance; transportation (including helicopter operations); maritime transportation, supply, and dredging operations; maritime navigation; natural gas and natural gas liquid production, processing, extraction, storage and transportation; well intervention, monitoring, automation and control; waste disposal, and maintenance, construction, and operations.
• Workers in the natural gas, NGL, propane, and other liquid fuels industries including but not limited to those supporting safety, construction, manufacturing, transportation, permitting, operation/maintenance, engineering, physical and cyber security, monitoring, and logistics.
• Transmission and distribution pipeline workers, including compressor stations and any other required operations maintenance, construction, and support for natural gas, natural gas liquid, propane, and other liquid fuels.
• Workers at Liquefied Natural Gas (LNG) and Compressed Natural Gas (CNG) facilities.
• Workers at natural gas, propane, natural gas liquids, liquified natural gas, liquid fuel storage facilities,
underground facilities, and processing plants and other related facilities, including construction,
maintenance, and support operations personnel.
• Natural gas processing plants workers and those who deal with natural gas liquids.
• Workers who staff natural gas, propane, natural gas liquids, and other liquid fuel security operations
centers, operations dispatch and control rooms and centers, and emergency response and customer
emergencies (including leak calls) operations.
• Workers supporting drilling, production, processing, refining, and transporting natural gas, propane,
natural gas liquids, and other liquid fuels for use as end-use fuels, feedstocks for chemical
manufacturing, or use in electricity generation.
• Workers supporting propane gas service maintenance and restoration, including call centers.
• Workers supporting propane, natural gas liquids, and other liquid fuel distribution centers.
• Workers supporting propane gas storage, transmission, and distribution centers.
• Workers supporting new and existing construction projects, including, but not limited to, pipeline
• Workers supporting ethanol and biofuel production, refining, and distribution.
• Workers in fuel sectors (including, but not limited to nuclear, coal, and gas types and liquid fuels)
supporting the mining, manufacturing, logistics, transportation, permitting, operation, maintenance, and
monitoring of support for resources.
• Workers ensuring, monitoring, and engaging in the physical security of assets and locations associated
with natural gas, propane, natural gas liquids, and other liquid fuels.
• Workers involved in the manufacturing and distribution of equipment, supplies, and parts necessary to
maintain production, maintenance, restoration, and service of natural gas, propane, natural gas liquids, and other liquid fuels operations and use, including end-users.
WATER AND WASTEWATER
Workers needed to operate and maintain drinking water and wastewater and drainage infrastructure, including:
• Operational staff at water authorities.
• Operational staff at community water systems.
• Operational staff at wastewater treatment facilities.
• Workers repairing water and wastewater conveyances and performing required sampling or monitoring,
including field staff.
• Operational staff for water distribution and testing.
• Operational staff at wastewater collection facilities.
• Operational staff and technical support for SCADA Control systems.
• Chemical equipment and personal protection suppliers to water and wastewater system.
• Workers who maintain digital systems infrastructure supporting water and wastewater operations.
TRANSPORTATION AND LOGISTICS
• Workers supporting or enabling transportation and logistics functions, including truck drivers, bus drivers, dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, driver training and education centers, Department of Motor Vehicle (DMV) workers, enrollment agents for federal transportation worker vetting programs, towing and recovery services, roadside assistance workers, intermodal transportation personnel, and workers that construct, maintain, rehabilitate, and inspect infrastructure, including those that require cross-jurisdiction travel.).
• Workers supporting the distribution of food, fuels, pharmaceuticals and medical material (including materials used in radioactive drugs), and chemicals needed for water or water treatment and energy maintenance.
• Workers supporting operation of essential highway infrastructure, including roads, bridges, and tunnels (e.g., traffic operations centers and moveable bridge operators).
• Workers of firms providing services, supplies, and equipment that enable warehouse and operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use, including cold- and frozen-chain logistics for food and critical biologic products.
• Mass transit workers providing critical transit services and performing critical or routine maintenance to mass transit infrastructure or equipment.
• Workers supporting personal and commercial transportation services including taxis, delivery services, vehicle rental services, bicycle maintenance and car-sharing services, and transportation network providers.
• Workers, including police, responsible for operating and dispatching passenger, commuter, and freight trains and maintaining rail infrastructure and equipment.
• Maritime transportation workers, including port authority and commercial facility personnel, dredgers, port workers, security personnel, mariners, ship crewmembers, ship pilots, tugboat operators, equipment operators (to include maintenance and repair, and maritime-specific medical providers), ship supply workers, chandlers, and repair company workers. Refer to the United States Coast Guard’s Marine Safety Information Bulletin “Maintaining Maritime Commerce and Identification of Essential Maritime Critical Infrastructure Workers” for more information.
• Workers, including truck drivers, railroad employees, maintenance crews, and cleaners, supporting transportation of chemicals, hazardous, medical, and waste materials that support critical infrastructure, capabilities, functions, and services, including specialized carriers, crane and rigging industry workers.
• Bus drivers and workers who provide or support intercity, commuter, and charter bus service in support of other essential services or functions.
• Automotive repair, maintenance, and transportation equipment manufacturing and distribution facilities (including those who repair and maintain electric vehicle charging stations).
• Transportation safety inspectors, including hazardous material inspectors and accident investigator inspectors.
• Manufacturers and distributors (to include service centers and related operations) of lighting and communication systems, specialized signage and structural systems, emergency response equipment and support materials, printers, printed materials, packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations, and other critical infrastructure needs.
• Postal Service, parcel, courier, last-mile delivery, and shipping and related workers, to include private companies, who accept, process, transport, and deliver information and goods.
• Workers who supply equipment and materials for maintenance of transportation equipment.
• Workers who repair and maintain vehicles, aircraft, rail equipment, marine vessels, bicycles, and the
equipment and infrastructure that enables operations that encompass movement of cargo and
• Workers who support air transportation for cargo and passengers, including operation distribution,
maintenance, and sanitation. This includes air traffic controllers, flight dispatchers, maintenance personnel, ramp workers, fueling agents, flight crews, airport safety inspectors and engineers, airport operations personnel, aviation and aerospace safety workers, security, commercial space personnel, operations personnel, accident investigators, flight instructors, and other on- and off-airport facilities workers.
• Workers supporting transportation via inland waterways, such as barge crew, dredging crew, and river port workers for essential goods.
• Workers critical to the manufacturing, distribution, sales, rental, leasing, repair, and maintenance of vehicles and other transportation equipment (including electric vehicle charging stations) and the supply chains that enable these operations to facilitate continuity of travel-related operations for essential workers.
• Warehouse operators, including vendors and support personnel critical for business continuity (including heating, ventilation, and air conditioning (HVAC) and electrical engineers, security personnel, and janitorial staff), e-commerce or online commerce, and customer service for essential functions.
PUBLIC WORKS AND INFRASTRUCTURE SUPPORT SERVICES
• Workers who support the construction, maintenance, or rehabilitation of critical infrastructure.
• Workers supporting construction materials production, testing laboratories, material delivery services,
and construction inspection.
• Workers who support the operation, inspection, and maintenance of essential public works facilities and
operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues.
• Workers such as plumbers, electricians, exterminators, builders (including building and insulation), contractors, HVAC Technicians, landscapers, and other service providers who provide services, including temporary construction, that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings, such as hospitals and senior living facilities.
• Workers personnel, who support operations that ensure, the availability of and access to needed
facilities, transportation, energy, and communications through activities such as road and line clearing.
• Workers who support the effective removal, storage, and disposal of residential, industrial, and
commercial solid waste and hazardous waste, including at landfill operations.
• Workers who support the operation, inspection, and maintenance of essential dams, locks, and levees.
• Workers who support the inspection and maintenance of aids to navigation and other government-
provided services that ensure continued maritime commerce.
COMMUNICATIONS AND INFORMATION TECHNOLOGY
• Maintenance of communications infrastructure, — including privately owned and maintained communication systems, — supported by technicians, operators, call centers, wireline and wireless providers, cable service providers, satellite operations, Internet Exchange Points, Points of Presence, Network Access Points, back haul and front haul facilities, and manufacturers and distributors of communications equipment.
• Government and private sector workers, including government contractors, with work related to undersea cable infrastructure and support facilities, including cable landing sites, beach manhole vaults and covers, submarine cable depots, and submarine cable ship facilities.
• Government and private sector workers, including government contractors, supporting Department of Defense internet and communications facilities.
• Network Operations staff, engineers, and technicians to include IT managers and staff, HVAC and electrical engineers, security personnel, software and hardware engineers, and database administrators that manage the network or operate facilities.
• Workers responsible for infrastructure construction and restoration, including but not limited to engineers, technicians, and contractors for construction and engineering of fiber optic cables, buried conduit, small cells, other wireless facilities, and other communications sector-related infrastructure. This includes permitting, construction of new facilities, and deployment of new technology as required to address congestion or customer usage due to unprecedented use of remote services.
• Installation, maintenance, and repair technicians that establish, support, or repair service as needed.
• Central office personnel to maintain and operate central office, data centers, and other network office
facilities, including critical support personnel assisting front line workers.
• Customer service and support staff, including managed and professional services, as well as remote
providers of support to transitioning workers to set up and maintain home offices, who interface with customers to manage or support service environments and security issues including payroll, billing, fraud, logistics, and troubleshooting.
• Workers providing electronic security, fire, monitoring, and life safety services, and who ensure physical security, cleanliness, and the safety of facilities and personnel, including those who provide temporary licensing waivers for security personnel to work in other States or Municipalities.
• Dispatchers involved with service repair and restoration.
• Retail customer service personnel at critical service center locations to address customer needs,
including new customer processing, distributing and repairing equipment, and addressing customer issues, in order to support individuals’ remote emergency communications needs
• Supply chain and logistics personnel to ensure goods and products are available to provision these front- line workers.
• External Affairs personnel to assist in coordinating with local, state, and federal officials to address communications needs supporting COVID-19 response, public safety, and national security.
• Workers responsible for ensuring that persons with disabilities have access to and the benefits of various communications platforms, including those involved in the provision of telecommunication relay services, closed captioning of broadcast television for the deaf, video relay services for deaf citizens who prefer communication via American Sign Language over text, and audio-description for television programming.
• Workers who support command centers, including, but not limited to, Network Operations Command Centers, Broadcast Operations Control Centers, and Security Operations Command Centers.
• Data center operators, including system administrators, HVAC and electrical engineers, security personnel, IT managers and purchasers, data transfer solutions engineers, software and hardware engineers, and database administrators for all industries, including financial services.
• Workers who support client service centers, field engineers, and other technicians and workers supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide hardware and software, support services, research and development, information technology equipment (to include microelectronics and semiconductors), HVAC and electrical equipment for critical infrastructure, and test labs and certification agencies that qualify such equipment (to include microelectronics, optoelectronics, and semiconductors) for critical infrastructure, including data centers.
• Workers needed to preempt and respond to cyber incidents involving critical infrastructure, including medical facilities; state, local, tribal, and territorial (SLTT) governments and federal facilities; energy and utilities; banks and financial institutions; securities and other exchanges; other entities that support the functioning of capital markets, public works, critical manufacturing, food, and agricultural production; transportation; and other critical infrastructure categories and personnel, in addition to all cyber defense workers who can’t perform their duties remotely.
• Suppliers, designers, transporters, and other workers supporting the manufacture, distribution, provision, and construction of essential global, national, and local infrastructure for computing services (including cloud computing services and telework capabilities), business infrastructure, financial transactions and services, web-based services, and critical manufacturing.
• Workers supporting communications systems, information technology, and work from home solutions used by law enforcement, public safety, medical, energy, public works, critical manufacturing, food and agricultural production, financial services, education, and other critical industries and businesses.
• Workers required in person to support Software as a Service businesses that enable remote working, performance of business operations, distance learning, media services, and digital health offerings, or required for technical support crucial for business continuity and connectivity.
OTHER COMMUNITY- OR GOVERNMENT-BASED OPERATIONS AND ESSENTIAL FUNCTIONS
• Workers to ensure continuity of building functions, including but not limited to security and environmental controls (e.g., HVAC), the manufacturing and distribution of the products required for these functions, and the permits and inspections for construction supporting essential infrastructure.
• Elections personnel to include both public and private sector elections support.
• Workers supporting the operations of the judicial system, including judges, lawyers, and others providing
• Workers who support administration and delivery of unemployment insurance programs, income
maintenance, employment service, disaster assistance, workers’ compensation insurance and benefits
programs, and pandemic assistance.
• Federal, State, and Local, Tribal, and Territorial government workers who support Mission Essential
Functions and communications networks.
• Trade Officials (FTA negotiators; international data flow administrators).
• Workers who support radio, print, internet and television news and media services, including, but not
limited to front line news reporters, studio, and technicians for newsgathering, reporting, and publishing
• Workers supporting Census 2020.
• Weather forecasters.
• Clergy for essential support.
• Workers who maintain digital systems infrastructure supporting other critical government operations.
• Workers who support necessary permitting, credentialing, vetting, and licensing for essential critical
infrastructure workers and their operations.
• Customs and immigration workers who are critical to facilitating trade in support of the national
emergency response supply chain.
• Educators supporting public and private K-12 schools, colleges, and universities for purposes of
facilitating distance learning or performing other essential functions.
• Workers at testing centers for emergency medical services and other healthcare workers.
• Staff at government offices who perform title search, notary, and recording services in support of
mortgage and real estate services and transactions.
• Residential and commercial real estate services, including settlement services.
• Workers supporting essential maintenance, manufacturing, design, operation, inspection, security, and
construction for essential products, services, supply chain, and COVID-19 relief efforts.
• Workers performing services to animals in human care, including zoos and aquariums.
• Workers necessary for the manufacturing of metals (including steel and aluminum), industrial minerals, semiconductors, materials and products needed for medical supply chains and for supply chains associated with transportation, aerospace, energy, communications, information technology, food and agriculture, chemical manufacturing, nuclear facilities, wood products, commodities used as fuel for power generation facilities, the operation of dams, water and wastewater treatment, processing and reprocessing of solid waste, emergency services, and the defense industrial base. Additionally, workers needed to maintain the continuity of these manufacturing functions and associated supply chains, and workers necessary to maintain a manufacturing operation in warm standby.
• Workers necessary for the manufacturing of materials and products needed to manufacture medical equipment and PPE.
• Workers necessary for mining and production of critical minerals, materials and associated essential supply chains, and workers engaged in the manufacture and maintenance of equipment and other infrastructure necessary for mining production and distribution.
• Workers who produce or manufacture parts or equipment that supports continued operations for any
essential services and increase in remote workforce, including computing and communication devices, semiconductors, and equipment such as security tools for Security Operations Centers (SOCs) or data centers.
• Workers manufacturing or providing parts and equipment that enable the maintenance and continued operation of essential businesses and facilities.
• Workers who manage hazardous materials associated with any other essential activity, including but not limited to healthcare waste (medical, pharmaceuticals, medical material production, and testing operations from laboratories processing and testing kits) and energy (including nuclear facilities).
• Workers who support hazardous materials response and cleanup.
• Workers who maintain digital systems infrastructure supporting hazardous materials management
• Workers who are needed to provide, process, and maintain systems for processing, verification, and recording of financial transactions and services, including payment, clearing, and settlement; wholesale funding; insurance services; consumer and commercial lending; public accounting; and capital markets activities.
• Workers who are needed to maintain orderly market operations to ensure the continuity of financial transactions and services.
• Workers who are needed to provide business, commercial, and consumer access to bank and non-bank financial services and lending services, including ATMs, lending and money transmission, lockbox banking, and to move currency, checks, securities, and payments (e.g., armored cash carriers).
• Workers who support financial operations and those staffing call centers, such as those staffing data and security operations centers, managing physical security, or providing accounting services.
• Workers supporting production and distribution of debit and credit cards.
• Workers providing electronic point of sale support personnel for essential businesses and workers.
• Workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing plants, laboratories, distribution facilities, and workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives, pharmaceuticals, paintings and coatings, textiles, building materials, plumbing, electrical, and paper products.
• Workers supporting the safe transportation of chemicals, including those supporting tank truck cleaning facilities and workers who manufacture packaging items.
• Workers supporting the production of protective cleaning and medical solutions, PPE, chemical consumer and institutional products, disinfectants, fragrances, and packaging that prevents the contamination of food, water, medicine, among others essential products.
• Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and sites that cannot be shut down) whose work cannot be done remotely and requires the presence of highly trained personnel to ensure safe operations, including plant contract workers who provide inspections.
• Workers (including those in glass container manufacturing) who support the production and transportation of chlorine and alkali manufacturing, single-use plastics, and packaging that prevents the contamination or supports the continued manufacture of food, water, medicine, and other essential products.
DEFENSE INDUSTRIAL BASE
• Workers who support the essential services required to meet national security commitments to the federal government and U.S. Military, including, but are not limited to, space and aerospace workers, nuclear matters workers, mechanical and software engineers (various disciplines), manufacturing and production workers, IT support, security staff, security personnel, intelligence support, aircraft and weapon system mechanics and maintainers, and sanitary workers who maintain the hygienic viability of necessary facilities.
• Personnel working for companies, and their subcontractors, who perform under contract or sub-contract to the Department of Defense (DoD) and the Department of Energy (DoE) (on nuclear matters), as well as personnel at government-owned/contractor operated facilities, and who provide materials and services to the DoD and DoE (on nuclear matters), including support for weapon systems, software systems and cybersecurity, defense and intelligence communications, surveillance, sale of U.S. defense articles and services for export to foreign allies and partners (as authorized by the U.S. government), and space systems and other activities in support of our military, intelligence, and space forces.
• Workers who support the supply chain of building materials from production through application and installation, including cabinetry, fixtures, doors, cement, hardware, plumbing (including parts and services), electrical, heating and cooling, refrigeration, appliances, paint and coatings, and workers who provide services that enable repair materials and equipment for essential functions.
• Workers supporting ecommerce through distribution, warehouse, call center facilities, and other essential operational support functions, that accept, store, and process goods, and that facilitate their transportation and delivery.
• Workers in hardware and building materials stores necessary to provide access to essential supplies, consumer electronics, technology and appliances retail, and related merchant wholesalers and distributors.
• Workers distributing, servicing, repairing, installing residential and commercial HVAC systems, boilers, furnaces and other heating, cooling, refrigeration, and ventilation equipment.
• Workers supporting the operations of commercial buildings that are critical to safety, security, and the continuance of essential activities, such as on-site property managers, building engineers, security staff, fire safety directors, janitorial personnel, and service technicians (e.g., mechanical, HVAC, plumbers, electricians, and elevator).
• Management and staff at hotels and other temporary lodging facilities that provide for COVID-19 mitigation, containment, and treatment measures or provide accommodations for essential workers.
RESIDENTIAL/SHELTER FACILITIES AND SERVICES
• Workers providing dependent care services, particularly those whose services ensure essential workers can continue to work.
• Workers who support food, shelter, and social services, and other necessities of life for needy groups and individuals, including in-need populations and COVID-19 responders including travelling medical staff.
• Workers in animal shelters.
• Workers responsible for the leasing of residential properties to provide individuals and families with ready
access to available housing.
• Workers responsible for handling property management, maintenance, and related service calls who can
coordinate the response to emergency “at-home” situations requiring immediate attention, as well as
facilitate the reception of deliveries, mail, and other necessary services.
• Workers performing housing and commercial construction related activities, including those supporting
government functions related to the building and development process, such as inspections, permitting, and plan review services that can be modified to protect the public health, but fundamentally should continue and enable the continuity of the construction industry (e.g., allow qualified private third-party inspections in case of federal government shutdown).
• Workers performing services in support of the elderly and disabled populations who coordinate a variety of services, including health care appointments and activities of daily living.
• Workers responsible for the movement of household goods. HYGIENE PRODUCTS AND SERVICES
• Workers who produce hygiene products.
• Workers in laundromats, laundry services, and dry cleaners.
• Workers providing personal and household goods, repair, and maintenance.
• Workers providing disinfection services for all essential facilities and modes of transportation and who
support the sanitation of all food manufacturing processes and operations from wholesale to retail.
• Workers necessary for the installation, maintenance, distribution, and manufacturing of water and space
heating equipment and its components.
• Support required for continuity of services, including commercial disinfectant services, janitorial and
cleaning personnel, and support personnel functions that need freedom of movement to access facilities
in support of front-line workers.
• Workers supporting the production of home cleaning, pest control, and other essential products
necessary to clean, disinfect, sanitize, and ensure the cleanliness of residential homes, shelters, and
• Workers supporting agriculture irrigation infrastructure.
• Workers supporting the production of home cleaning and pest control products.
Use of Cloth Face Coverings to Help Slow the Spread of COVID-19
How to Wear Cloth Face Coverings
Cloth face coverings should—
• fit snugly but comfortably against the side of the face
• be secured with ties or ear loops
• include multiple layers of fabric
• allow for breathing without restriction
• be able to be laundered and machine dried without damage or change to shape
CDC on Homemade Cloth Face Coverings
CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies), especially in areas of significant community-based transmission.
CDC also advises the use of simple cloth face coverings to slow the spread of the virus and help people who may have the virus and do not know it from transmitting it to others. Cloth face coverings fashioned from household items or made at home from common materials at low cost can be used as an additional, voluntary public health measure.
Cloth face coverings should not be placed on young children under age 2, anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the cloth face covering without assistance.
The cloth face coverings recommended are not surgical masks or N-95 respirators. Those are critical supplies that must continue to be reserved for healthcare workers and other medical first responders, as recommended by current CDC guidance.
Should cloth face coverings be washed or otherwise
cleaned regularly? How regularly?
Yes. They should be routinely washed depending on the frequency of use.
How does one safely sterilize/clean a cloth face covering?
A washing machine should suffice in properly washing a cloth face covering.
How does one safely remove a used cloth face covering?
Individuals should be careful not to touch their eyes, nose, and mouth when removing their cloth face covering and wash hands immediately after removing.
CS316353B 04/10/2020, 8:07 PM
Rules Relating to COVID-19TravelQuarantine
§1 Purpose and authority
§2 Mandatory Quarantine
§3 Costs to be Paid by Quarantined Person
§4 Criminal Penalties
§1 Purpose and Authority. These rules are adopted pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii Revised Statutes, to respond to the COVID-19 emergency declared by the Governor and have the force and effect of law.
§2 Mandatory Quarantine. All persons entering the State shall be subject to mandatory self-quarantine, except those persons performing emergency response or critical infrastructure functions who have been exempted by the Director of Emergency Management. The period of self-quarantine begins from the time of entry into the State and lasts 14 days or the duration of the person’s presence in the State, whichever is shorter. Any person subject to such quarantine violates this section if the person intentionally or knowingly:
(a) fails to enter or remain within the confines of the quarantine location designated by the person to the Director of Emergency Management or the Director’s authorized representative for the period of self quarantine; or
(b) fails to obey the orders of the Director of Emergency Management or the Director’s authorized representative.
§3 Costs to be Paid by Quarantined Person. Any person under the mandatory self-quarantine prescribed by these rules shall be responsible for all costs associated with that person’s quarantine, including transport, lodging, food, medical care,
and any other expenses to sustain the person during the self quarantine period.
§4 Criminal Penalties. (a) Any person violating any of these rules shall be guilty of a misdemeanor and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.
(b) Penalties prescribed by these rules are in addition to any other lawful penalties established by law.
Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules
§1 Purpose and authority
§2 Eligibility requirements
§3 Method of computing child care payment
§4 Mandatory Reporting
§1 Purpose and authority. These rules are adopted pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii Revised Statutes, to respond to the COVID-19 emergency declared by the Governor. The following amendments are necessary to enable the Department of Human Services to assist families who need child care services due to impacts of the COVID-19 pandemic emergency. These rules have the force and effect of law.
§2 Eligibility requirements. Section 17-798.2-9, Hawaii Administrative Rules, is amended to read as follows:
“§17-798.2-9 Eligibility requirements. (a) Depending upon availability of funds, all children eligible for child care assistance shall reside with the eligible caretaker and meet the following requirements:
(1) Be under age thirteen years;
(2) Be thirteen through seventeen years of age with a
physical or mental incapacity that prevents the
child from doing self-care; or
(3) Receive child protective services, and the need
for child care is specified in the family unit’s
case plan as ordered by the court.
(b) A caretaker shall be eligible for child care,
provided the caretaker:
(1) Has a monthly gross income verified through
documentation that does not exceed eighty-five percent of the State Median Income for a family of the same size except for:
(A) Individuals who are licensed by the
department or organizations under the
authority of the department, as foster
(B) Family units receiving child protective
services; [and] or
(C) Family units impacted by any federal-, state-, or county-declared emergency proclamation related to a man-made or natural disaster, or public health pandemic situation;
(2) Meets one of the following conditions:
(A) Is engaged in employment in exchange
for wages or salary;
(B) Has a written offer of employment that
is scheduled to start within two weeks;
(C) Needs child care for up to thirty
calendar days during a break in
employment, if employment is scheduled
to resume within thirty days;
(D) Needs up to thirty consecutive days in a twelve-month period for the caretaker with or without a work history to job search, when there is no one to care for the child, not to exceed the maximum child care rates as provided under section 17-798.2-12;
(E) Is enrolled in and attends an educational program or job training, vocational, or employment training. This includes the break time between classes for the day;
(F) Is participating in the FTW program or a treatment program as required by section 17-656.1-10, except for a participant in the Food Stamp Employment and Training program, and the FTW participant is involved in the required activities written in the FTW employment or individualized service plan;
(G) Is receiving child protective services and the need for child care is specified in the family unit’s case plan as ordered by the court;
(H) Is in a two-parent family unit where one of the caretakers is in an approved activity and the other caretaker is determined to have a disability which prevents the caretaker from providing care for their own child. Proof of disability and inability to provide care of the caretaker’s own eligible child shall be verified by the written report of a State-licensed physician, psychologist, or psychiatrist. In the case of a temporary disability, the written report shall be submitted every six months;
(I) Is a caretaker participating in an approved activity and has a temporary disability that prevents him or her from engaging in that activity and providing care for his or her own child until the activity can be resumed. Proof of the temporary disability condition and duration, and inability to care for the caretaker’s own child shall be verified by the written report of a State-licensed physician, psychologist, or psychiatrist. The written report shall be reviewed every thirty days;
(J) Is a caretaker whose child is approved
for participation in the Preschool Open
Doors program; [or]
(K) Is a caretaker under the age eighteen years who meets any eligibility condition cited in section 17-798.2- 9(b)(2)(A) through (J), retains custody of his or her own child, and does not reside in the same household with his or her adult caretaker[.]; or
(L) Is a caretaker impacted by any federal- , state-, or county-declared emergency proclamation related to a man-made or natural disaster, or public health pandemic situation and who needs child care to search for employment or prepare for resuming employment; and
(3) Shall establish a reasonable relationship between the time during which the caretaker participates in an activity and the time during which child care is needed.
(c) Child care providers and caregivers:
(1) Shall meet the following conditions in order that child care payments may be authorized:
(A) Be eighteen years old or older;
(B) Afford caretakers unlimited access to their children, including written records concerning their children, during normal hours of provider operation and whenever the children are in the care of the provider;
(C) Be a department regulated or license-exempt child care provider, including in-home care providers. License-exempt providers shall be listed with the department and shall submit a written statement to the department that shall attest to their:
(i) Willingness to provide care;
(ii) Rate that will be charged;
(iii) Assurance that the provider premises are safe from hazards in
accord with subparagraphs (G) and (H);
(iv) Address and telephone number;
(D) Have no known history of child abuse or
neglect, physical, psychological or
psychiatric problems, or criminal
convictions that may adversely affect or
interfere with the care of children;
(E) Provide consent, on forms supplied by the department, to conduct a background check. The background check shall be conducted in accord with sections 17-891.1-3, 17-892.1-3, 17-895-3, or 17-896-3;
Provide consent, on forms supplied by the department, to conduct an additional fingerprint check through the Federal Bureau of Investigations (FBI), except for the child’s grandparents, great-grandparents, siblings living in a separate residence and who are at least eighteen years old, and aunts or uncles;
(F) Be free of tuberculosis as indicated by a skin test or chest x-ray completed within the last twenty-four months of child care; and
(G) Have a child care facility or home with an installed smoke detector, unobstructed emergency exits, and an emergency exit plan.
(2) Shall not be one of the following:
(A) Parents, biological or legal;
(B) Step-parents living in the household; (C) Guardians, or members of the family unit
that receives government financial
assistance payments, including essential
(D) Providers who are not in compliance with
State or county regulatory requirements;
(E) Individuals under the age of eighteen years;
(F) Other individuals determined by the
department to pose a risk to the health and
safety of the child;
(G) A sibling of the child needing care who
resides in the same home as the child; or (H) A caretaker.
(d) The department shall:
(1) Verify that the child and caretaker meet the
eligibility requirements as described in this
(2) Establish the eligibility of the child care
provider and caregiver selected by the caretaker, following the provisions of section 17-798.2- 9(c).
(3) Allow, at the department’s option, for the presumptive eligibility of a license-exempt provider selected by the caretaker upon receipt by the department of the completed and signed child care certificate and provider confirmation forms and consent forms for conducting a background check, provided that the presumptive eligibility shall end upon completion of the background check;
(4) Authorize the initial and subsequent monthly child care payments based on sections 17-798.2-9, 17-798.2-10, 17-798.2-12, 17-798.2-13, 17-798.2- 14, 17-798.2-15,17-798.2-16, 17-798.2-17, 17- 798.2-18, 17-798.2-20, 17-798.2-21, 17-798.2-29, and 17-798.2-35;
(5) Review eligibility no less than every six months
and whenever changes that affect eligibility are
(6) Track and monitor appropriateness and utilization of child care and payments.”
§3 Method of computing child care payment. Section 17-798.2-14,
Hawaii Administrative Rules, is amended to read as follows:
“§17-798.2-14 Method of computing child care payment. (a) The following will be used to compute the child care payment:
(1) Monthly gross income;
(2) The caretaker’s hours of activity, except for
individuals identified in sections 17-798.2- 9(b)(2)(G) [and], (J), and (L)[:];
(3) The caretaker’s relationship to the child who
reside with the caretaker, and the age of the
child who needs care;
(4) The child care provider;
(5) The cost and hours of child care;
(6) The type of child care; and
(7) The need for care.
(b) The child care payment amount shall be determined
(1) Counting the caretaker’s activity hours to be
engaged in for the month, as referenced in section 17-798.2-14(a)(2), comparing these activity hours with the child care hours needed, and always choosing the lesser hours; provide that:
(A) This is not needed for child protective
services reasons as ordered by the court;
(B) This is not required for the Preschool Open
Doors program; [and]
(C) In the case of a caretaker who is temporarily disabled in accordance with subparagraph 17-798.2-9(b)(2)(I), the activity hours shall be the same as the activity hours that the caretaker had prior to the temporary disability[.]; and
(D) This is not required for a caretaker impacted by any federal-, state-, or county- declared emergency proclamation related to a man-made or natural disaster, or public health pandemic situation and who needs child care to search for employment or prepare for resuming employment.
(2) Identifying the type of child care selected and
approved for each qualifying child, and using the
child care rate table, Exhibit I, to select the
appropriate rate for the care type that supports
the hours needed for child care; provided that:
(A) For child protective services need is based
on the number of hours of child care
specified in the court order; [and]
(B) For the Preschool Open Doors program need is
based on the number of hours child care
requested by a caretaker[.]; and
(C) For a caretaker impacted by any federal-,
state-, or county-declared emergency proclamation related to a man-made or natural disaster, or public health pandemic situation, need is based on full-time care. (3) Comparing the child care allowance determined by subparagraphs (b)(1) and (2) and the actual child care cost, and choosing the lesser amount.
(4) Determining the family unit’s co-payment
(conversely, the percentage of the department’s maximum rate allowable) based on the family unit’s monthly gross income, and using the co- payment rates established in Exhibit III, dated October 1, 2009, attached at the end of this chapter.
(5) Subtracting the family unit’s co-payment from the amount determined in subparagraph (b)(3).
(c) The family unit shall be responsible for any child care costs in excess of the maximum child care rates specified in section 17-798.2-12.
(d) The family unit shall be responsible to pay its share of the childcare cost directly to the provider.
(e) The department shall project the family unit’s eligibility and monthly payments prospectively for the eligibility period.
(1) The initial payment shall be calculated from the date of eligibility to the end of the month, which may be for less than a full month, and shall be considered the first month of the eligibility period.
(2) When changes are reported during the eligibility period, the monthly payments shall be prospectively calculated for the remainder of the eligibility period.”
§4 Mandatory reporting. Section 17-798.2-15, Hawaii Administrative Rules, is amended to read as follows:
“§17-798.2-15 Mandatory reporting.(a) A caretaker who is a recipient of child care payments shall be responsible to report to the department within ten calendar days when the following changes occur:
(1) Monthly gross income and the source of the household income when it is in excess of the eighty-five per cent of the State Median Income for a family of the same size, except for:
(A) Department-licensed foster parents with approved activities that need child care; [or]
(B) Family units that receive child protective services[.]; or
(C) Family units that are impacted by any federal-, state-, or county-declared emergency proclamation related to a man-made or natural disaster, or public health pandemic situation.
(2) Address changes, including:
(A) Place of residence; and
(B) Mailing address;
(3) Household composition;
(4) Marital status;
(5) Child care provider;
(6) Cost of care;
(7) Child care type;
(8) Loss of activity,
(A) Except for family units that receive only
Preschool Open Doors services; [or]
(B) Except for family units that receive child
protective services; [and] or
(C) Except for family units that are impacted by any federal-, state-, or county-declared emergency proclamation related to a man-made or natural disaster, or public health pandemic situation; and
(9) Closure of the child protective services case.
(b) Changes may be reported in writing, in person, or by telephone, and shall be supported by verifying documentation.
(c) When changes are reported pursuant to this section, the department shall take action on the reported changes and calculate payments for the balance of the eligibility period, after timely and adequate notice.
(1) Changes that are reported within ten calendar
days of the occurrence shall be implemented in
the first month following the month in which the
change was reported;
(2) Changes that are reported after ten calendar days
of the occurrence, that result in a higher
payment, shall be implemented in the second month
following the month in which the change was
(3) Changes that are reported that result in a lower payment shall be implemented in the first month following the month in which the change was reported, and the department shall recover any overpayments from the date of the occurrence.”
Rules Relating to Notaries Public
§1 Purpose and authority
§2 Social distancing
§1 Purpose and authority. These rules are adopted pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii Revised Statutes, to respond to the COVID-19 emergency declared by the Governor, specifically to enable Hawaii notaries to perform notarial acts while complying with social distancing guidelines. These rules have the force and effect of law.
§2 Social distancing. (a) The notary public shall take every reasonable precaution to perform notarial acts in compliance with all orders and social distancing guidelines relating to the COVID-19 emergency.
(b) Notaries public will not be required to perform notarial acts if they believe social distancing guidelines to ensure health and safety cannot be followed.
§3 Notarial Acts Utilizing Audio-Visual Technology. Notarial acts may be performed by utilizing audio-visual technology, provided there is compliance with the following conditions:
(1) The notary public shall have personal knowledge of the signer or obtain satisfactory evidence of the identity of the signer by requiring presentation of a current government-issued identification card or document that contains the signer’s photograph and signature to the notary public during the video conference.
Transmittal of the signer’s identification for
purposes of verification to the notary public prior to
or after the video conference shall not satisfy this
(2) The notary public shall confirm via observation during
the video conference that the signer appears to be
aware of significance of the transaction requiring a
notarial act and is willing to perform such a
(3) The video conferencing shall allow for direct interaction between the person and the notary public and shall not be pre-recorded;
(4) The notary public shall confirm as is reasonably
possible that the signer is physically situated in
(5) The notary public shall create an audio-visual recording of the performance of the notarial act, which shall be kept as part of the notary public’s record and stored as an unsecured audio-visual recording or on a secured external digital storage such as a flash drive, DVD, or external hard drive;
(6) The notary public shall deposit with the office of the attorney general the external digital storage and the notarial record books within ninety days of the notary public’s date of the resignation, expiration of any term of office as a notary, or removal from or abandonment of office as a notary. The notary public’s representative shall provide the same upon the notary public’s death;
(7) The notary public shall obtain the signed document
that requires notarization by fax or electronic format
on the same date it was signed;
(8) The notary public may notarize the transmitted copy of
the document and transmit the same back to the signer;
(9) The notary public shall add a statement to the notarized document as follows: “This notarial act involved the use of communication technology enabled by emergency order”;
(10) The notary public shall enter in the record book that the notarial act was performed pursuant to Executive Order 20-02; and
(11) The notary public may repeat notarization of the original signed document as of the date of execution provided the notary public receives such original signed document together with the electronically notarized copy within 60 days after the date of execution.
Designated Businesses and Operations
The designated businesses and operations identified herein may reopen on May 7, 2020, at 12:01 am and remain open for the duration of the emergency period, subject to Section C below.
A. Requirements and Guidelines:
1. These businesses and operations must comply with the Social Distancing Requirements in Section III.D. of this Proclamation.
2. These businesses and operations are encouraged to follow these Additional guidelines:
a. Totheextentpossible,customersaretowaitintheircarsfor employees to bring out merchandise from the business or operation.
b. Signsshouldbepostedthroughoutthearearemindingvisitors and employees of physical distancing and to wash their hands.
c. Employees should be trained on the importance of frequent hand washing with soap and water, the use of hand sanitizers with at least 60% alcohol content, and the importance of avoiding touching hands to face.
d. Employees should be given frequent opportunities to wash their hands.
e. EmployeeswhodevelopsymptomsofCOVID-19whileatwork should be dismissed as soon as possible to self-isolate at home or seek medical attention as appropriate.
f. Anyone visibly displaying symptoms of COVID-19 should not be allowed in the business or operation.
3. The designated businesses and operations are also encouraged to follow the specific guidelines listed for each of the businesses and operations.
B. Designated Businesses and Operations:
1. Agriculture (non-food), such as landscape, ornamental plant growers, and nurseries.
2. Auto Dealerships. New and Used.
Auto dealerships can conduct business in person by
appointment only and buyer groups must maintain physical distancing of 6 feet or greater between customers and employees while visiting the facility
Capacity limits should be enforced in showrooms depending on size of showroom (e.g., only 10 people at a time)
Auto dealerships are encouraged to have hand sanitizer and easily accessible hand washing stations on site for employees and customers
Test drives should be fewer than 10 minutes and cars should be disinfected before and after each employee or customer use. During test drives, both employees and customers should wear face coverings
3. CarWashes. Specific guidelines:
Customers should remain inside their vehicles at all times
Car washes should limit the number of employees in the
facility at one time to allow for safe physical distancing
Businesses should close vacuum areas to prevent
Drying towels should be washed before being shared
between employees, and should not be made available to customers
4. Pet Grooming Services. Specific guidelines:
Customers can visit by appointment only and should wait outside the facility (e.g., in cars) until employees are ready to work with them and while services are being rendered
Wherever possible, disposable equipment should be used. If not possible, wash and disinfect equipment (including entire workstation area, surfaces, etc.) between each customer use
Employees should wash hands before and after every customer appointment, wear disposable gloves and change gloves frequently
5. Observatories & Support Facilities. Specific guidelines:
When visitors are on-site, they are encouraged to avoid touching surfaces
Cancel or postpone all gatherings of more than 10 people (including classes or meetings)
If using shared equipment (e.g., telescopes, computers), clean and disinfect equipment after each visitor or employee use
Offices should be thoroughly cleaned and disinfected, and employees should maximize physical distancing while in the office (e.g., through capacity limits or reconfigured desks)
6. Retail & Repair Services, such as apparel, florists, watch repair, surfboard repair (fitting rooms must remain closed).
7. Shopping Malls, limited to retail and repair services. The following shall remain closed:
Food-court dining areas (except for delivery or take-out) Play areas
Common areas (except to access and depart from a retail business)
Arcades & game rooms Specific guidelines:
Guidance for food courts: Food courts should be limited to delivery or take-out only. While waiting in line at food establishments, customers should practice physical distancing with floor markings instructing them where to stand. Food court areas should be closed off from the rest of the mall (e.g., with rope) and have one designated entrance if possible. Designated staff should be at the entrance at all times enforcing capacity limits and ensuring customers have enough personal space to allow for physical distancing. Eliminate use of trays or disinfect between customers.
Guidance for outdoor malls: Businesses should practice all guidance above, limit physical distance between employees and customers, and implement floor markings instructing customers to follow one way pathways to allow for physical distancing while walking. If possible, capacity limits should be exercised in outdoor malls by closing off most entry points (e.g., with rope and signs) and having designated employees at one designated entrance enforcing capacity.
C. Specific County Requirements:
1. Honolulu City and County – Please see Second Amended and Restated Stay at Home/Work from Home Order dated May 6, 2020, Exhibit A for additional designations and/or restrictions for:
b. New and used car and truck dealerships;
c. Automated service providers;
f. Retail businesses, particularly the May 15, 2020 reopening date
2. Maui County will not allow the following businesses and operations to reopen:
b. Repair shops, except for automobile and appliance repair shops; and c. Malls.
Sunshine Law and UIPA
Chapter 92, HRS, Part I. Meetings, is suspended to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location. The physical locations of the board members need not be listed on the agenda.
Boards are discouraged from meeting during the emergency disaster relief period and should only be meeting as necessary to comply with a law, operational necessity, or in furtherance of emergency responses to COVID-19.
If a board holds a meeting:
Notice of meetings must be electronically posted and electronically provided to notification lists consistent with section 92-7; however, posting at the site of the meeting or at a centralized location in a public building is not required.
Board packets, consistent with Section 92-7.5, must be electronically posted as soon as practicable under current conditions.
Boards must accept written testimony from the public.
Boards must comply with the requirements to keep and electronically
post meeting minutes consistent with Section 92-9.
The quorum requirements in Section 92-15 must be met for all meetings.
If a board has the staffing, technological and other resources to hold a secure video-teleconference (i.e., video and audio), it must in good faith attempt to provide the public with the opportunity to observe the meeting as it happens and an opportunity to provide oral testimony. No board action shall be invalid if the board’s good faith efforts to implement remote technology for public observations and comments do not work.
If a board does not have the staffing, technological or other resources to hold a secure video-teleconference (i.e., it is limited to audio only), it must provide the public with the opportunity to listen to the teleconference as it happens and should make a good faith effort to provide the public with the opportunity to provide oral testimony.
Boards are encouraged to consider the following guidelines:
Board members should be clearly visible and/or audible consistent with the remote technology used by the board.
At the start of all meetings, the presiding officer should announce the names of the participating members.
For audio-only teleconferencing, each speaker should repeat their name before making remarks.
Votes should be conducted by roll call so that it is clear how each board member voted.
To preserve the executive nature of any portion of a meeting closed to the public, the presiding officer should confirm with staff that no unauthorized person is present and has access to the executive session.
When resources exist to readily do so, boards should record meetings and make the recordings electronically available to the public as soon as practicable after a meeting.
Notwithstanding the above, board meetings whose agendas have already been noticed as of the date of this Proclamation may proceed under the provisions of the Sixth Supplemental Emergency Proclamation.
Chapter 92F, HRS, uniform information practices act, and Chapters 71 and 73, Title 2 of the Hawaii Administrative Rules, are suspended to the extent they contain any deadlines for agencies, including deadlines for the OIP, relating to requests for government records and/or complaints to OIP. As resources permit, agencies are encouraged to respond to requests for government records (UIPA Requests). To balance the needs of the public with the resources available to government agencies during the COVID-19 crisis, agencies must comply with the following minimum requirements:
Agencies must acknowledge receipt of UIPA Requests. If a request is not acknowledged, the requester may ask the Office of Information Practices to verify that the agency received the UIPA Request.
Agencies must retain UIPA Requests and may not destroy requested records while a UIPA Request is pending.
As resources permit, agencies shall in good faith:
o respond to UIPA Requests for information that do not require
redaction or substantial review of records without substantial delay;
o prioritize responding to UIPA Requests made in the public interest
where the requestor has the primary intent and actual ability to widely disseminate the requested information to the general public.
Requests for government records not answered during the emergency relief period must be answered in a reasonable period of time when the suspension of laws is lifted.