Governor Ige’s Ninth Supplementary Proclamation for COVID-19 Emergency

June 10, 2020, 3:00 PM HST · Updated June 17, 7:09 AM
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Governor David Ige issued his ninth supplementary proclamation related to the COVID-19 emergency on June 10, 2020.  The document effectively extends the mandatory 14-day quarantine for international and out-of-state arrivals into Hawaiʻi through the end of July, 2020.

This document is also available online with full graphics at the following direct link.

OFFICE OF THE GOVERNOR STATE OF HAWAI‘I

NINTH 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 physical 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 safe practices 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; on May 5, 2020, a Seventh Supplementary Proclamation related to the COVID-19 Emergency; in May 29, 2020, an Eighth Supplementary Proclamation related to the COVID-19 Emergency;

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WHEREAS, as of June 10, 2020, there have been 685 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:

  1. Statewide Coordination………………………………………………………. [ 3 ]
  2. InvocationofLaws……………………………………………………………..[3]
  3. Act with Care Order…………………………………………………………………….[ 4 ]A. Work in Businesses or Operations
    B. Permitted Activities Outside the Home or Place of Residence C. Safe Practices
    D. Persons Experiencing Homelessness
    E. Force and Effect of Law
  4. All Persons Traveling to the State or Traveling Inter-Island…………….[ 8 ]A. Traveling to the State
    B. Traveling Inter-Island
    C. Host Responsibility
    D. Prohibition on Renting Vehicles
    E. Car Sharing Services Responsibility F. Force and Effect of Law
  5. Suspension of Laws…………………………………………………………..[ 11 ]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
  6. Severability……………………………………………………………………..[ 31 ]

Exhibit A. Restatement of Executive Order NO. 20-05
Exhibit B. Federal Critical Infrastructure Sectors [as of May 19, 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 (amended June 1, 2020)
Exhibit G. State Roadmap to Recovery and Resilience
Exhibit H. Sunshineaw and UIPAL
Exhibit I. Rules Relating to Safety Guidelines for Barbers and Beauty Operators

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I. Statewide Coordination

For the purposes of this COVID-19 emergency only, 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.

This Ninth Supplementary Proclamation (Proclamation) does not apply to the United States government.

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.

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

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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. Act with Care

A. Work in Businesses or Operations

Pursuant to sections 127A-12(a)(5), 127A-12(b)(14), 127A-13(a)(1), and 127A-13(a)(7), HRS, the following business or operations may operate during this emergency: businesses or operations that are part of the federal critical infrastructure sectors, as set forth in Exhibit B attached hereto, and the businesses or operations operating in each county in accordance with the State Roadmap to Recovery and Resilience, attached hereto as Exhibit G. 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 business or operations must comply with the safe practices set forth in Section III.C to the fullest extent possible.

B. Permitted Activities Outside the Home or Place of Residence

Persons within the State of Hawaiʻi who are not subject to the traveler self- quarantine in Section IV of this Proclamation may engage in the following activities, so long as they comply with the safe practices set forth in Section III.C to the fullest extent possible:

  1. Travel for health and safety;
  2. Travel to engage in, receive or obtain goods or services from the

businesses or operations allowed to operate pursuant to this Proclamation;

3. Travel to engage in minimum basic operations of businesses not allowed to operate pursuant to this Proclamation, including the minimum

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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 safe practices are maintained;

7. Walking pets on a leash.
C. Safe Practices
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 physical distancing requirements are maintained. All businesses or operations operating in accordance with this Proclamation, including state and county agencies, shall comply with the applicable CDC, industry and regulatory guidance for COVID-19. All businesses or operations operating in accordance with this Proclamation, including state and county agencies, and persons engaged in permitted activities identified herein, shall exercise the following safe practices 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.

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3. Physical Distancing Requirements. All persons shall maintain a minimum of six-feet of physical separation from all other persons to the fullest extent possible. 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. 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 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 attached hereto), while waiting to enter and while at a business or operation. All employees of businesses or operations shall wear the cloth face coverings as recommended by the CDC while at their place of employment.

6. Hand sanitizer and sanitizing products. 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. Businesses or operations shall regularly disinfect all high-touch surfaces.

8. Safeguards for high risk populations. 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. 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. Businesses or operations shall encourage their

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customers to do their business remotely by phone or online to the extent possible.

10. Pickup at store or delivery. 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. 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.

D. Persons Experiencing Homelessness

Persons experiencing homelessness are exempt from Section III of this Proclamation but shall comply with the safe practices set forth in Section III.C 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.

E. 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 of this Proclamation 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.

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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, except those persons entering the State by recreational boats which have been at sea for at least 14 consecutive days before entering State waters and have no persons on board who are ill or are exhibiting symptoms of COVID-19. The period of self- quarantine shall begin from the time of entry into the State and shall last 14 days or the duration of the person’s presence in the State, whichever is shorter. Persons who require paid or commercial lodging while subject to the mandatory self-quarantine shall designate a hotel or motel as their designated quarantine location.

Those persons entering the State to perform critical infrastructure functions as identified in Section III.A of this Proclamation will be subject to self- quarantine but may break quarantine to perform their critical infrastructure functions so long as they wear appropriate protective gear and follow the safe practices identified in Section III.C 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 safe practices identified in Section III.C 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 their critical infrastructure functions. Upon return to their island

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residence, such persons will not be subject to the self-quarantine so long as they wear appropriate protective gear and follow the safe practices identified in Section III.C of this Proclamation.

Section IV.B. of this Proclamation shall expire at 12:01am on Tuesday, June 16, 2020.

C. Host Responsibility

All hosts of any guest or guests within the State of Hawai‘i shall be responsible for ensuring their guest or guests abide by the mandatory self- quarantine set forth in Sections A and B above.

Any host violates this section if the host intentionally, knowingly, or recklessly fails to notify law enforcement immediately when a guest or guests subject to the self-quarantine fails to enter or remain within the confines of their designated quarantine location.

It shall be the duty of all hosts to ascertain the period of self-quarantine for their guest or guests and to determine whether or not their guest or guests remain confined to their designated quarantine location throughout the period of self-quarantine. It shall not be a defense to a violation of this section that the host did not know the period of self-quarantine for their guest or guests, that they did not know that their guest or guests were subject to the mandatory self- quarantine, or that they did not know that their guest or guests had failed to enter or remain within the confines of the designated quarantine location.

For purposes of this section, the following definitions apply:

“Designated quarantine location” means any hotel, motel, house, townhouse, condominium, or apartment in the State of Hawai‘i, that will be occupied, with the permission of the owner, renter, lessor, or manager of the accommodations, by persons entering the State of Hawai‘i during their period of quarantine and that is designated as such by these persons. In the case of hotels, motels, townhouses, condominiums, and apartments, “designated quarantine location” refers to the person’s individual room or unit.

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“Hosts” means any individual, partnership, corporation, company, association, or any other person, group, or entity, who is the owner, renter, or lessor of any designated quarantine location.

“Guest or guests” means any person or persons subject to mandatory self- quarantine who are renting, leasing, or otherwise occupying any designated quarantine location from a host during the period of self-quarantine.

“Period of self-quarantine” means the period of time beginning when a person first enters the State of Hawai‘i and continuing for 14 days thereafter or the duration of the person’s presence in the State, whichever is shorter.

D. Prohibition on Renting Vehicles

Unless an exemption is granted, persons subject to self-quarantine pursuant to Section IV of this Proclamation are prohibited from renting motor vehicles in the State, whether through a rental car company, online service, or through a peer-to-peer platform or car sharing service including but not limited to Turo and Zipcar. Any reservations or confirmation of reservations by a person subject to self-quarantine shall be presumed to be the rental of a motor vehicle in violation of this order.

For purposes of this section:

“Period of self-quarantine” means the period of time beginning when a person first enters the State of Hawai‘i and continuing for 14 days thereafter or the duration of the person’s presence in the State, whichever is shorter.

“Motor vehicle” means an automobile, motorcycle, moped, or other vehicle propelled by a motor, whether gasoline, electric, or hybrid, which is offered for rent or lease within the State of Hawai’i through any car sharing service.

E. Car Sharing Services Responsibility

All persons who provide motor vehicles through peer-to-peer platforms or car sharing services, including but not limited to Turo and Zipcar (hereinafter collectively referred to as “car sharing services”), shall be responsible for ensuring that they do not rent, lease, or otherwise provide any motor vehicle to any person subject to a self-quarantine, whether a visitor or returning resident, during the person’s period of self-quarantine.

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Any person violates this section if the person intentionally, knowingly, or recklessly provides a motor vehicle through a car sharing service to a person subject to the self-quarantine.

It shall be the duty of all persons providing a motor vehicle through a car sharing service to determine whether or not the person is seeking to obtain the vehicle during the person’s period of self-quarantine. It shall not be a defense to a violation of this section that a person providing a motor vehicle through a car sharing service did not know that the person seeking the motor vehicle was not subject to the mandatory self-quarantine.

For purposes of this section:

“Period of self-quarantine” means the period of time beginning when a person first enters the State of Hawai‘i and continuing for 14 days thereafter or the duration of the person’s presence in the State, whichever is shorter.

“Motor vehicle” means an automobile, motorcycle, moped, or other vehicle propelled by a motor, whether gasoline, electric, or hybrid, which is offered for rent or lease within the State of Hawai’i through any car sharing service.

F. 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, knowingly, or recklessly 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:

A. Session Laws

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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;

exceptions.
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

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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.

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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-25(c), HRS, rules and orders, to the extent the requirement to publish rules adopted pursuant to chapter 127A, HRS, in a newspaper of general circulation in the State shall be suspended inasmuch as the posting of such rules on the applicable state or county government website or by other means of official announcement as provided by this section brings the rules’ content to the attention of the general public.

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

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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 withoutthe 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;

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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

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

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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 physical 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.

Section 328L-3(f)(1), HRS, emergency and budget reserve fund.

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)

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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;

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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.

Section 346-29, applications for public assistance; manner, form, conditions, and section 346-53, HRS, determination of amount of assistance, 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 and individuals impacted by an emergency, and may disregard income received from unemployment insurance or other relief assistance payments, when determining eligibility and the amount of a recipient’s assistance payments during the emergency period.

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.

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

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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.

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

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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:

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  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, employercontributions to the Unemployment Insurance Trust Fund, andemployer experience rating; and
  4. waive required cash or in-kind contributions at the sole discretion ofthe 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,

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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.

Section 438-8.5, HRS, medical clearance, section 439-12.5, HRS, medical clearance, section 16-73-56, HAR, medical clearance, and section 16- 78-76, HAR, medical clearance, to the extent necessary to waive the medical clearance requirement. Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Safety Guidelines for Barbers and Beauty Operators, as set forth on Exhibit I attached hereto are hereby adopted.

Section 451J-5, HRS, prohibited acts, and section 451J-7, HRS, application for licensure, to the extent necessary to waive the licensure and accompanying requirements so as to permit marriage and family therapists licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients. This shall not authorize out-of- state mental health professionals who are not licensed in Hawai‘i to solicit or establish new relationships with clients or patients located in Hawai‘i.

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.

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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.

Section 453D-5, HRS, prohibited acts, and section 453D-7, HRS, application for licensure as a mental health counselor, to the extent necessary to waive the licensure and accompanying requirements so as to permit mental health counselors licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients. This shall not authorize out-of-state mental health professionals who are not licensed in Hawai‘i to solicit or establish new relationships with clients or patients located in Hawaii.

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

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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,

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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 orphysical 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.

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Section 465-2, HRS, license required, and section 465-15, HRS, prohibited acts; penalties, to the extent necessary to waive the licensure and accompanying requirements so as to permit psychologists licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients.

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

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number; and a photocopy of the current ARRT or NMTCB credential card or defunct license (if available).

Section 467E-5, HRS, licensed required, and section 467E-13, HRS, prohibited acts; penalties, to the extent necessary to waive the licensure and accompanying requirements so as to permit social workers licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients. This shall not authorize out-of-state mental health professionals who are not licensed in Hawai‘i to solicit or establish new relationships with clients or patients located in Hawai‘i.

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,

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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 572-1(7), HRS, requisites of valid marriage contract, to the extent necessary to suspend the requirement that the parties to be married and the person performing the marriage ceremony be physically present at the same place and time for the marriage ceremony. During the time that this emergency order is effective, marriage ceremonies may be performed by synchronous, real- time, interactive audio and video telecommunications, so long as the parties to be married and the person performing the marriage ceremony shall all be physically present in Hawai‘i and all of the other requisites for a valid marriage contract are met. This suspension shall apply retroactively to March 4, 2020, the beginning of the disaster emergency relief period.

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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.

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VI. Severability

If any provision of this Proclamation is rendered or declared illegal for any reason, or shall be invalid or unenforceable, such provision shall be modified or deleted, and the remainder of this Proclamation and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law.

I FURTHER DECLARE that the disaster emergency relief period shall continue through July 31, 2020, unless terminated or extended by a separate proclamation, whichever shall occur first.

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APPROVED:

____________________________

Clare E. Connors

Attorney General State of Hawaiʻi

Done at the State Capitol, this 10th day of June, 2020.

_______________________

DAVID Y. IGE,

Governor of Hawaiʻi

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EXHIBIT A
Restatement of Executive Order No. 20-05

EXHIBIT B
Federal Critical Infrastructure Sectors

EXHIBIT C
CDC Cloth Face Covering Recommendation

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 (amended June 1, 2020)

EXHIBIT G
State Roadmap to Recovery and Resilience

EXHIBIT H Sunshine Law and UIPA

EXHIBIT I
Rules Relating to Safety Guidelines for Barbers and Beauty Operators

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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:

  1. “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.
  2. “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)

EXHIBIT A

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

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EXHIBIT A

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.

  1. 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.
  2. 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

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EXHIBIT A

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.

  1. 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.
  2. 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.
  3. 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

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EXHIBIT A

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.

APPROVED:

____________________________

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

EXHIBIT A

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EXHIBIT B

U.S. Department of Homeland Security

Cybersecurity & Infrastructure Security Agency

Office of the Director

Washington, DC 20528

May 19, 2020 ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL

INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE

FROM: Christopher C. Krebs Director

Cybersecurity and Infrastructure Security Agency (CISA)

As the Nation comes together to slow the spread of COVID-19, on March 16th the President issued updated Coronavirus Guidance for America that highlighted the importance of the critical infrastructure workforce.

The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security’s authorities to secure critical infrastructure. Consistent with these authorities, CISA has developed, in collaboration with other federal agencies, State and local governments, and the private sector, an “Essential Critical Infrastructure Workforce” advisory list. This list is intended to help State, local, tribal and territorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. Decisions informed by this list should also take into consideration additional public health considerations based on the specific COVID-19-related concerns of particular jurisdictions.

This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion.

The advisory list identifies workers who conduct a range of operations and services that are typically essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing operational functions, among others. It also includes workers who support crucial supply chains and enable functions for critical infrastructure. The industries they support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, and public works

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State, local, tribal, and territorial governments are responsible for implementing and executing response activities, including decisions about access and reentry, in their communities, while the Federal Government is in a supporting role. Officials should use their own judgment in issuing implementation directives and guidance. Similarly, while adhering to relevant public health guidance, critical infrastructure owners and operators are expected to use their own judgement on issues of the prioritization of business processes and workforce allocation to best ensure continuity of the essential goods and services they support. All decisions should appropriately balance public safety, the health and safety of the workforce, and the continued delivery of essential critical infrastructure services and functions. While this advisory list is meant to help public officials and employers identify essential work functions, it allows for the reality that some workers engaged in activity determined to be essential may be unable to perform those functions because of health-related concerns.

CISA will continue to work with our partners in the critical infrastructure community to update this advisory list if necessary as the Nation’s response to COVID-19 evolves.

Should you have questions about this list, please contact CISA at [email protected]

Attachment: “Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 3.1”

EXHIBIT B

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Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response

Version 3.1 (May 19, 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:

  1. Response efforts to the COVID-19 pandemic are locally executed, state managed, and federally supported.
  2. Critical infrastructure workers and employers 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.
  3. 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 carryout their responsibilities. OSHA has guidance and enforcement information for workplaces at www.osha.gov/coronavirus.
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  1. Businesses and government agencies may continue to implement organization-specific measures, which protect the workforce while meeting mission needs.
  2. 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.
  3. 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.
  4. 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.
  5. Critical infrastructure employers have 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
  6. 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.
  7. 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.
  8. Government workers, such as emergency managers, and the business community need to establish and maintain lines of communication.
  9. Essential critical infrastructure workers need continued and unimpeded access to sites, facilities, and equipment within quarantine zones, containment areas, areas under curfew restrictions, 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.
  10. 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.

Essential Critical Infrastructure Workforce

EXHIBIT B

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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; phlebotomists; 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, 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 including skilled nursing facilities, inpatient hospice, ambulatory

surgical centers, etc.).

o Outpatient care workers (e.g. end-stage-renal disease practitioners and staff, 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, andcontrol workplace conditions that may cause workers’ illness or injury).

Essential Critical Infrastructure Workforce

EXHIBIT B

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  • 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 waste management.
  • 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 work remotely.
  • Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions, who cannot practically work remotely.
  • 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, commercial health products, 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 otherworkers 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

and services.

o Workers who provide human services, including but not limited to social workers, nutritionists, case managers or case workers, crisis counselors, foster care case managers, adult protective services personnel, child protective personnel, domestic violence counselors, human trafficking prevention and recovery personnel, behavior specialists, substance abuse-related counselors, and peer support counselors.

Essential Critical Infrastructure Workforce

EXHIBIT B

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  • Government entities, and contractors that work in support of local, state, federal, tribal, and territorial public healthand 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.
  • Workers for providers and services supporting effective telehealth.
  • 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 servicesto 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 radioand television, cable, and wireline video) and wireless emergency alerts (WEA).
  • Workers at Independent System Operators and Regional Transmission Organizations, andNetwork 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 securityand 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 equipmentand 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, anddependent adults.
  • Workers who support weather disaster and natural hazard mitigation and prevention activities.
  • Security staff to maintain building access control and physical security measures.

Essential Critical Infrastructure Workforce

EXHIBIT B

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FOOD AND AGRICULTURE

  • Workers enabling the sale of human food, animal food (includes pet food, animal feed, and raw materials and ingredients), pet supply, and beverage products at groceries, pharmacies, convenience stores, and other retail (including unattended and vending), including staff in retail customer support and information technology support necessary for on-line orders, pickup, and delivery.
  • Restaurant and quick serve food operations, including dark kitchen and food prepcenters, 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; slaughter and processing facilities for livestock, poultry, and seafood; animal food manufacturing and processing facilities; human food facilities producing by- products for animal food; industrial facilities producing co- products for animal food; beverage production facilities; and the production of food packaging.
  • Farmers, farm and ranch workers, and agribusiness support services, including workers involved in auction and sales; in food operations, including animal food, grain and oilseed storage, handling, processing, and distribution; in ingredient production, packaging, and distribution; in manufacturing, packaging, and distribution of veterinary drugs and biologics (e.g., vaccines); and in distribution and transport.
  • Farmers, farm and ranch workers, and support service and supplier workers producing food supplies and other agricultural inputs for domestic consumption and export, to include those engaged in raising, cultivating, phytosanitation, harvesting, packing, storing, or distributing to storage or to market or to a transportation mode to market any agricultural or horticultural commodity for human or animal consumption.
  • Workers at fuel ethanol facilities, biodiesel and renewable diesel facilities, and storage facilities.
  • Workers and firms supporting the distribution of all human and animal food and beverage and ingredients used in these products, including warehouse workers, vendor-managed inventory controllers, and blockchainmanagers.
  • Workers supporting the sanitation and pest control of all human and animal food manufacturing processes andoperations from wholesale to retail.
  • Workers supporting greenhouses as well as 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 and those designated as essential critical infrastructure workers.
  • Workers in animal diagnostic and food testing laboratories.
  • Government, private, and non-governmental organizations’ workers essential for food assistanceprograms (including school lunch programs) and government payments.
  • Workers of companies engaged in the production, storage, transport, and distribution of chemicals, drugs, biologics (e.g. vaccines), and other substances used by the human and agricultural food and agriculture industry, including seeds, pesticides, herbicides, fertilizers, minerals, enrichments, equipment, 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, as well as pets; animal production operations; livestock markets; slaughter and packing plants, manufacturers, renderers, and associated regulatory and government workforce.

Essential Critical Infrastructure Workforce

EXHIBIT B

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  • Transportation workers supporting animal agricultural industries, including movement of animal medical and reproductive supplies and materials, animal biologics (e.g., vaccines), animal drugs, animal food ingredients, animal food and bedding, live animals, and deceased animals for disposal.
  • Workers who support sawmills and the manufacture and distribution of fiber and forestry 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.ENERGY
  • 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 performtheir 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 criticalneeds 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.Electricity Industry
  • 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.

Essential Critical Infrastructure Workforce

EXHIBIT B

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  • 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 andcyber 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 providing fuel.Petroleum Industry
    • 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 chemicalmanufacturing.
    • Petroleum and petroleum product security operations center workers and workers whosupport 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.

Essential Critical Infrastructure Workforce

EXHIBIT B

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  • 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 limitedto, pipeline construction.
  • 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, naturalgas liquids, and other liquid fuels operations and use, including end-users.

Essential Critical Infrastructure Workforce

EXHIBIT B

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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.
  • Laboratory staff performing water sampling and analysis.
  • Suppliers and manufacturers of chemicals, equipment, personal protection equipment, and goods and services for water and wastewater systems.
  • 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, third party logisticians, 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, andtunnels (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 maintenanceto 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.

Essential Critical Infrastructure Workforce

EXHIBIT B

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  • 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 servicein support of other essential services or functions, including school bus drivers.
  • Vehicle repair, maintenance, and transportation equipment manufacturing and distribution facilities
  • Workers who support the construction and maintenance of electric vehicle charging stations.
  • Transportation safety inspectors, including hazardous material inspectors and accidentinvestigator 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 passengers.
  • 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 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.

Essential Critical Infrastructure Workforce

EXHIBIT B

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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 essentialoperation 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 lineclearing.
  • 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 TECHNOLOGYCommunications
  • 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.

Essential Critical Infrastructure Workforce

EXHIBIT B

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  • Central office personnel to maintain and operate central office, data centers, and other networkoffice 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 safetyservices, 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 televisionprogramming.Information Technology
  • Workers who support command centers, including, but not limited to, Network OperationsCommand 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 technologyequipment (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.

Essential Critical Infrastructure Workforce

EXHIBIT B

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  • Workers supporting communications systems, information technology, and work from home solutions used by law enforcement, public safety, medical, energy, public works, critical manufacturing, foodand 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 providinglegal assistance.
    • Workers who support administration and delivery of unemployment insurance programs, income maintenance, employment service, disaster assistance, workers’ compensation insurance andbenefits 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 news.
    • 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 thenational emergency response supply chain.
    • Educators supporting public and private K-12 schools, colleges, and universities for purposesof 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 supportofmortgage and real estate services and transactions.
    • Residential and commercial real estate services, including settlement services.

Essential Critical Infrastructure Workforce

EXHIBIT B

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