COVID-19: NJ ends Public Health Emergency Declaration

On Friday, June 4, Governor Murphy signed legislation that effectively ends the New Jersey COVID-19 Public Health Emergency Order that has been in place since March 9, 2020.

While some have commented that the bills were rushed through the State legislature, the Bill, A-5820/S-3866, was passed and signed by the governor yesterday.

As passed, the Bill allows for the continuation of 14 executive orders, including Executive Order No. 229, which extended a moratorium preventing New Jersey residents from having their utilities disconnected through June 30, 2021.

According to the Chamber of Commerce, the Administration is authorized to issue orders, directives, and waivers under the authority in the Emergency Health Powers Act that are specifically related to:

• personnel allocation and health resource allocation efforts;
• testing;
• vaccinations; 
• health department coordination;
• data retention, sharing, collection and access; and
• implementation of CDC recommendations to prevent the transmission of COVID-19.

In these instances, the Governor has retained authority until January 11, 2022, which authority can be extended for 90 days with the passage of a concurrent resolution by the Legislature.

As of July 4, 2021, the Bill and the follow on companion bill effectively puts an end the Public Health Emergency declaration in New Jersey.

Duane Morris has an active team of lawyers who have been engaged in the review and dissemination of COVID related alerts, blogs and advice on various COVID related topics.  Please see our website for a few list of all available articles and blogs.  

If you have any questions or thoughts, please contact Brad A. Molotsky, Sharon Caffrey, Elizabeth Mincer, Eve Klein, Kathy O’Malley or any of the Duane Morris lawyers you regularly engage with.

Be well and stay safe.

COVID-19: As of 4-2-21, NJ Expands Outdoor Gathering Numbers and Indoor Seating Capacity for Large Venues

Earlier today on 3-30-21, NJ Governor Phil Murphy signed Executive Order No. 234, which will increase outdoor gathering limits and increase capacity for seated events at large venues. The Order also clarifies indoor capacity limits for banquet halls and similar venues.

Executive Order No. 234 enables the following changes on Friday, April 2, at 6:00 a.m.:

Outdoor Gatherings:

The general outdoor gathering limit will increase from 50 people to 200 people.

Outdoor gatherings that are religious services or ceremonies, political events, weddings, funerals, or memorial services will continue to not have any limit.

College and youth sporting events will be permitted up to 200 spectators if the outdoor venue can accommodate appropriate social distancing.

Large Venues:

Venues, including sports and entertainment venues, with a seating capacity of 2,500 or more will be permitted to host events at 20% capacity indoors and 30% capacity outdoors. The capacity limits will continue to exclude participants, such as athletes and performers, and staff, such as coaches and ushers.

Facilities that host such events must ensure that all attendees at the event remain six feet apart from other attendees, except those individuals who purchase or reserve tickets together may be seated together. Attendees will also be required to wear masks within the facility, except when eating or drinking.

Catered Events:

The Order also clarifies that banquet halls and similar dining establishments and venues that use a licensed caterer can host indoor celebrations and other private catered events at 35% of the room’s capacity, up to 150 persons.

Indoor Gatherings:

The general indoor gathering limit will remain at 25 people.

Indoor gatherings that currently have a higher limit – religious services or ceremonies, political events, weddings, funerals, memorial services, or performances – will remain unchanged.

Duane Morris has an active team of lawyers who have been engaged in the review and dissemination of COVID related alerts, blogs and advice on various COVID related topics.  Please see our website for a few list of all available articles and blogs.  

If you have any questions or thoughts, please contact Brad A. Molotsky, Sharon Caffrey, Elizabeth Mincer, Eve Klein, Kathy O’Malley or any of the Duane Morris lawyers you regularly engage with.

Be well and stay safe.

 

COVID-19: NJ Expands list of Eligible Vaccine Recipients

Late last week (on March 27, 2021), Governor Murphy announced the expansion of eligibility for vaccines to more frontline essential workers and high-risk groups in New Jersey’s COVID-19 vaccination program.

Eligible groups include individuals ages 55-64, individuals with intellectual and developmental disabilities, higher education educators and staff, and communications and utility infrastructure workers among others.

Beginning Monday, April 5, the following groups are eligible for vaccination:

Individuals ages 55-64;

Individuals ages 16 and up with intellectual and developmental disabilities;
Educators, including support staff, in higher education settings;

Communications infrastructure support, including engineers, and technicians, and members of the press;

Real estate, building, and home service workers, including construction workers, code officials, plumbers, electricians, HVAC technicians, property management, and maintenance workers;

Retail financial institution workers, including bank tellers, lending services, public accounting, and check-cashing workers;

Sanitation workers providing disinfection and janitorial services, city sanitation workers; residential, commercial, and industrial solid and hazardous waste removal workers;

Laundry service workers, including those working in laundromats, laundry services, and dry cleaners;

Utility workers including, electrical generation and supply system, natural gas delivery, nuclear power plant, water supply, telephone, cable/fiber/optical/broadband/cellular service workers; and,

Librarians and support staff at municipal, county, and state libraries.

For more information about eligibility, statewide vaccination site locations, and to preregister for a vaccination, visit https://covid19.nj.gov/vaccine.

Duane Morris has an active team of lawyers who have been engaged in the review and dissemination of COVID related alerts, blogs and advice on various COVID related topics.  Please see our website for a few list of all available articles and blogs.  

If you have any questions or thoughts, please contact Brad A. Molotsky, Sharon Caffrey, Elizabeth Mincer, Eve Klein or any of the Duane Morris lawyers you regularly engage with.

Be well and stay safe.

COVID-19: PA announces April time frame for additional restaurant and hospitality indoor and outdoor rules relaxation

Earlier today, Monday, March 15th, PA Gov. Wolf relaxed certain Covid-19 restrictions, including making substantial modification to some of the more  restrictive guidelines that apply to the restaurant and hospitality industry.

Effective April 4th at midnight, “self-certified” restaurants, gyms, casinos, malls and theatres in PA will be permitted to operate at 75% capacity. Non-self-certified restaurants are required to remain at 50% capacity. The self-certification process involves agreeing to strictly comply to all public health safety guidelines and orders, including the cleaning and mitigation protocols and other operational requirements issued by the CDC and the PA Department of Health.

The previous guideline that required restaurants and bars to have “last call” at 11 p.m. has also been eliminated. Additionally, bar seating will now be permitted so long as barriers exist between guests. Per the Philadelphia Business Journal, the changes also lift requirements that patrons order food with alcohol, i.e., merely drinking will be permitted on a go forward basis as of April 4.

The governor also announced revised maximum occupancy limits for indoor events to allow for 25% of maximum occupancy, regardless of venue size, and maximum occupancy limits for outdoor events to allow for 50% of maximum occupancy, also regardless of venue size.

The City of Philadelphia is currently allowing a 50% indoor capacity maximum if the applicable restaurant is approved under a certification process. Philadelphia which has set its own stricter rules has advised that it will review its rules in light of the new Commonwealth guidance.

Duane Morris has an active team of lawyers who have been engaged in the review and dissemination of COVID related alerts, blogs and advice on various COVID related topics.  Please see our website for a few list of all available articles and blogs.  

If you have any questions or thoughts, please contact Brad A. Molotsky, Sharon Caffrey, Elizabeth Mincer, Eve Klein or any of the Duane Morris lawyers you regularly engage with.

Be well and stay safe.

 

 

NJ: $250M Redevelopment Funding for Walter Rand Transportation Center

On February 17th, Governor Murphy, Congressman Norcross, Senate President Sweeney together with local and county officials announced $250 Million for the redevelopment of the Walter Rand Transportation Center (WRTC) in Camden, NJ. This will be the center’s first major renovation since opening in 1989.

The WRTC Improvement Project will upgrade and enlarge the existing facility and accommodate future transit development and the potential for new retail, office, housing and hospitality opportunities utilizing Transit-Oriented Development (TOD) design standards.

The project will ultimately replace the existing facility with an expanded multi-purpose transit center that in intended to provide an improved link for transportation in South Jersey and serve as an interlink to between the NJ Transit bus system, and the light rail systems of PATCO and the River Line.

It has been reported that NJ TRANSIT plans to issue an RFP from qualified professional firms to conduct Conceptual Design, Preliminary Engineering, Final Design Engineering, and Construction Assistance for the WRTC Improvement Project.

Duane Morris has an active team of lawyers who engage in the public-private partnership (P-3) space where State based incentives are often critical to the success of a project.  

If you have any questions or thoughts, please contact Brad A. Molotsky, Mike Barz, Paul Josephson, Sheila Slocum Hollis, or any of the Duane Morris lawyers you regularly engage with.

Be well and stay safe.

 

COVID-19: Philadelphia to lift certain COVID-19 bans on 1-15-21

Earlier today, January 12, 2021, the Kenney Administration announced that Philadelphia will lift its ban on theaters, indoor dining, and in-person college instruction on January 15, 2021.

Theaters will able to reopen, with a maximum audience of 5% of total capacity or 5 people per 1,000 square feet, including both attendees and staff. Food and drink will not be allowed, and all guests must wear masks.

Restaurants will be permitted to have indoor dining for 25% of their seating capacity.

Colleges and universities will now be allowed to resume in-person instruction.

Other indoor gatherings, indoor recreational sports, indoor catered events and senior day services will remain in restricted status for the moment.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Sharon Caffrey, Eve Klein or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

 

NJ – Governor Murphy signs $14B Incentive Program Bill – the NJ Economic Recovery Act of 2020

As of today, January 7, 2020, Governor Murphy has signed into law the NJ Economic Recovery Act of 2020 (the “NJERA”), a bill that creates a 7-year, $14 Billion Dollar package of tax incentives to attract and retain NJ based businesses and real estate development projects.

The 249-page NJEDA outlines new tax incentives to replace the expired NJ GROW and ERG programs and expands or creates new subsidies for film and television production, revitalizing brownfields and assisting so-called food deserts, among other areas, all while creating financial caps and oversight for the programs and the state agency that manages them.

Under the NJERA, most of the new tax credit programs are subject to a collective $11.5 Billion Dollar cap over 6 years, while allowing for a 7th year of allocations under those programs for uncommitted credits. The NJERA also provides for $2.6 Billion in tax credits over 13 years for projects related to film and television production.

A new office, the Office of Economic Development Inspector General will be created along with a chief compliance officer to manage a Division of Portfolio Management and Compliance to oversee the awards.

Under the new Emerge program, tax credits are available to encourage economic development, job creation and the retention of significant numbers of jobs in imminent danger of leaving the state.

Eligibility is subject to various provisions, including a requirement that the award of tax credits, the resulting capital investment and the resulting job creation or retention will yield a “net positive benefit” to NJ ranging from at least 200 to 400% of the award, depending on the location. Emerge also has minimum requirements and adjustments for the necessary capital investment based on the type of project, the size of the business, the types of jobs at stake and other factors.

Tax credits under both Emerge and a separate program, Aspire, are subject to a combined $1.1 Billion annual cap for 6 years. The NJERA also calls for the $1.1 Billion annual cap to be split so that up to $715 million of tax credits will be for projects located in 14 northern counties and $385 million for projects in 7 southern counties.

Aspire, the successor to the Economic Redevelopment & Growth program, or ERG, will provide gap financing to development projects that are intended to serve a public policy goal but which would otherwise generate a below-market rate of return. Additionally, the proposal outlines different provisions for commercial and residential projects, providing bonuses for those that serve distressed or targeted communities, along with transit-oriented development and affordable housing.

The NJERA would also allow the Economic Development Authority, which oversees tax incentives, to review each project’s performance and reduce the amount of the subsidy if it determines that the financing gap is smaller than determined at board approval. If there is no project financing gap, then the developer would forfeit the incentive award.

Historic property reinvestment — providing tax credits for part of the cost of rehabilitating historic properties in the state, with a cap of $50 million annually for 6 years;

Film tax credits — amending existing programs to include provisions for so-called New Jersey film partners and New Jersey film-lease partners and allowing an additional $200 million of tax credits annually over 13 years;

Brownfields redevelopment — providing tax credits to compensate developers of redevelopment projects located on polluted sites for remediation costs, with a cap of $50 million annually for 6 years;

Food desert relief — providing tax credits in order to incentivize businesses to establish and retain new supermarkets and grocery stores in underserved communities, with a cap of $40 million annually for 6 years;

The New Jersey Innovation Evergreen program — auctioning tax credits for cash, which will be used to invest in startups and other innovation-focused businesses, with a cap of $60 million annually for 6 years;

Community-anchored development — providing tax credits to anchor institutions to incentivize the expansion of targeted industries in and the continued development of certain areas of the state, with a cap of $200 million annually for 6 years; and

Main Street recovery — providing grants, loans and loan guarantees to small businesses, with an appropriation of $50 million under the bill.

Duane Morris has an active team of lawyers who engage in the public-private partnership space where State based incentives are often critical to the success of a project.  If you have any questions or thoughts, please contact Brad A. Molotsky, Mike Barz, Paul Josephson, Sheila Slocum Hollis, or any of the Duane Morris lawyers you regularly engage with.

Be well and stay safe.

NJ is Close on a New 6-Year, $11.5B Incentives Package designed to Attract and Retain Businesses

At long last, NJ is close to a détente between the Legislature and the Governor’s office on a new business incentives program designed to attract and retain businesses to NJ. The new recovery and reform package will be known as the “New Jersey Economic Recovery Act of 2020,” or Assembly Bill 4. It is scheduled for a remotely-held bill hearing at the Assembly Appropriations Committee Friday, Dec. 18, at 11 a.m.

According to Tim Sullivan, the CEO of NJ Economic Development Authority, the new 6 year, $11.5B incentives program will focus on job creation, innovation, and helping to solve longstanding economic inequality issues.

According to NJ ROI, there will be an Assembly Appropriations Committee meeting Friday, with Assembly and Senate votes likely scheduled for Monday.

Some of the highlights of the program:

Annual Cap – it will have an annual cap of $1.5 billion, with each of the programs having an individual cap;

Per Jobs Cap and Per Business Cap – it will cap per-job credits and total credits per business — the previous program had no limits on either — and awards will be focused on high-growth industries;

Transformational Projects – there will be an additional fund of approximately $2.5 billion for yet-to-be-defined “transformational” projects, thus giving the state the ability to offer massive incentives for Amazon-like projects;

North/South Jersey – the program will include a North-South agreement, with approximately 1 of every 3 dollars reserved for the seven counties that make up South Jersey;

Credits – it will include a food desert alleviation program, a state-level Historic Tax Credit, a brownfields remediation program and a program designed to support expansion of anchor institutions like higher education, hospitals and arts/culture institutions;

Evergreen Investment – it will include the Governor’s Evergreen investment program;

Main Street Businesses – it will have a $50 million direct appropriation to support Main Street businesses through grants, loans and technical assistance. It will do so with 25% being set aside to directly support minority- and women-owned firms; and

Prevailing Wage – it will require community benefit agreements that include prevailing wage rules and new requirements for building service workers.

Duane Morris has an active team of lawyers who engage in the public-private partnership space where State based incentives are often critical to the success of a project.  If you have any questions or thoughts, please contact Brad A. Molotsky, Mike Barz, Paul Josephson, Sheila Slocum Hollis, or any of the Duane Morris lawyers you regularly engage with.

Be well and stay safe.

COVID-19: Vaccines to arrive in NJ on Tuesday 12-15-20 – Who will Receive them First?

As the Pfizer FDA approved COVID-19 vaccines begin to arrive in NJ on 12-15-20, the burning question on some people’s minds is who will be getting inoculated first?

Per the NJ Health Commissioner, vaccines will be distributed to almost anyone who works in the healthcare field. The list of eligible recipients is intentionally broad.

Vaccinations will take place at 6 regional hospitals, including AtlantiCare Regional Medical Center in Atlantic City and Cooper University Hospital in Camden, University Health in Newark, AtlantiCare and Robert Wood Johnson University Hospital in New Brunswick

The list of those at the front of the line includes any “licensed healthcare worker” in the state of New Jersey, such as doctors, nurses, pharmacists, dentists, physical therapists and occupational therapists, as well as anyone on their staff, such as receptionists.

The list of eligible healthcare workers includes:

– Community health workers such as midwives and doulas
– Dialysis center workers
– Environmental service workers
– Funeral care and autopsy workers
– Homeless shelter workers and residents
– Hospice facility staff
– Lab technicians
– Mortuary service workers, consultants or contractors who deal with medical services but who may not work in an actual medical office,
– Medical marijuana facilities
– Paramedics, EMTs and first-aid responders.
– Rehabilitation staff
– Residents and workers in psychiatric hospitals
– Unpaid workers like students who are studying in hospitals
– Visiting nurses, nurses who work at assisted living homes
– Workers and residents at group homes and assisted-living complexes
– Workers at family planning sites.

Per NJ BIZ, there are 650,000 New Jersey residents who fit into one of those above categories. It does not mean all 650,000 will get the vaccine in December: The state of New Jersey has 76,050 doses of the Pfizer vaccine to give in the first round.

Those who live in long-term care facilities will also start receiving their first round of the vaccine this week.  More than 20,000 doses will go to long-term care facilities and 54,000 will go to hospitals, which will be the only points of dispensing this week.

 All 6 hospitals receiving the vaccine have arctic-level, subzero freezers in place to store the vaccines.  Very soon, however, 53 acute-care hospitals in New Jersey will also have the Pfizer vaccine.

A second vaccine from Moderna is expected to receive Food & Drug Administration approval later this week.

18 acute care hospitals will receive the Moderna vaccine likely by the beginning of next week. The Moderna vaccine does not need to be kept at such a cold temperature as the Pfizer vaccine.

By way of comparison, the Pfizer vaccine must be stored at -70 degrees Celsius while the Moderna vaccine may be stored at -20 degrees Celsius.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Sharon Caffrey, or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

COVID-19: PA Adopts CDC 10 day Quaratine timing for Travel

Per PA Department of Health guidelines posted on Friday, December 5, 2020, PA is lowering the COVID-19 quarantine period that out-of-state travelers will need to observe. The new guidance, in line with CDC recommendations, reduces the number of quarantine days from 14 to 10 days.

Under the new guidance, travelers to PA should self-isolate for 10 days if they test positive for COVID-19 or if testing is not available. They should also self-quarantine for 7 days after travel even if they test negative. Note that the self-quarantining is suggested rather than mandatory.

Recommended timing for tests per the CDC are to get a test between 1 and 3 days before the trip, and between 3 to 5 days after the trip.

In November, the Department of Health provided an updated travel order requiring anyone over the age of 11 who visits from another state to provide evidence of a negative COVID-19 test or place themselves in a travel quarantine for 14 days upon entering. Travel quarantine guidance was changed to 10 days last Friday, on Dec. 5 based on new CDC guidance.

The PA order does not apply to people who commute to and from another state for work or medical treatment, those who left the state for less than 24 hours, and those complying with a court order, including child custody.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Linda B. Hollinshead, Elisabeth Bassani, Sharon Caffrey, or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.