Brad A. Molotsky – Page 7 – Project Development/Infrastructure/P3

May 6, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ extends Public Health Emergency another 30 days to June 5, 2020

NJ Governor Phil Murphy issued Executive Order 138 (“EO 138”), which extends the Public Health Emergency declared on March 9, 2020 under Executive Order 103 for another 30 days until June 5, 2020. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed. According to this newly issued EO 138, all previously entered Executive Orders remain “in full force and effect”.

The conclusions stated in EO 138 indicate that although New Jersey’s social distancing measures have helped to slow the increase of COVID-19 cases and deaths in the state, the total number of cases and deaths in New Jersey has continued to rise and would rise at an even more precipitous rate absent these important measures.

Governor Murphy emphasized the continued importance of social distancing as the best available tool given the lack of an available vaccine or another effective therapy.

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.

For Further Information:

If you have any questions about this post, please contact Brad A. Molotsky, Paul Josephson, Jimmy Greenberg or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

May 6, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: PA Outlines Plans to Create a Commonwealth Civilian Coronavirus Corps (“CCCC”)

As Pennsylvania plans to safely reopen the economy and recover from COVID-19, Governor Tom Wolf announced the creation of the Commonwealth Civilian Coronavirus Corps (“CCCC”), a public service initiative that will support efforts this fall to increase testing and contact tracing and provide critical new job opportunities in the public health sector.

Per Governor Wolf, “the CCCC will serve as a public service program that will expand our ability to conduct contact tracing and testing and mobilize Pennsylvanians to contain COVID-19.”

The Wolf Administration’s continued efforts to reopen Pennsylvania will, in its own words, depend on its ability to expand the availability of COVID-19 testing and develop a robust infrastructure to conduct surveillance and contact tracing. This work will allow Pennsylvanians to effectively monitor and respond to new cases and quantify mitigation efforts.

As PA plans to ramp up these efforts in the coming months, the CCCC would help bring these efforts to fruition by:

• Partnering with local public health agencies, community organizations, and the nonprofit community to expand Pennsylvania’s existing testing and contract tracing initiatives;

• Leveraging additional resources to fund testing and contact tracing initiatives;

• Exploring creative ways to recruit experienced Pennsylvanians with health care and public health experience to support this initiative; and

• Coordinating existing resources deployed by the commonwealth, including community health nurses and county health departments who are currently conducting testing and contact tracing throughout the state.

The CCCC is also hoped to provide for a unique opportunity for PA to recruit and train COVID-19-impacted dislocated and unemployed workers into public service for contact tracing roles, which would address Pennsylvania’s health and economic needs.

To foster this new workforce, the CCCC would:

• Engage partners in the workforce development system, existing allied health training programs, and AmeriCorps programs to build and strengthen a public health workforce across the commonwealth;

• Leverage existing workforce development resources to recruit, train, and connect the public health workforce with employment opportunities; and

• Engage public health and health care employers to connect trained workers with long-term career opportunities.

According to Governor Wolf said. “Through this public service initiative, Pennsylvanians will have opportunities in the months ahead to join a collective effort to ensure that we emerge from this pandemic a stronger Commonwealth.”

For Further Information:

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

Be well and stay safe!

May 5, 2020May 14, 2020 by Brad A. Molotsky

COVID-19: Treasury Extends Safe Harbor for the Return of PPP Dollars to May 18, 2020

By update to their Frequently Asked Questions, on May 14, 2020, the US Treasury added a new question 47, which extended the “safe harbor” repayment date for PPP loans from May 14 until May 18, 2020.

For the entire set of FAQs – see https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Frequently-Asked-Questions.pdf

For Further Information:

If you have any questions about this post, please contact Brad A. Molotsky, Nanette Heide, Sandra Stoneman or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

April 30, 2020 by Brad A. Molotsky

COVID-19: PA – $324 Million Dollars awarded to 31 hospitals under the HELP Program

PA Governor Tom Wolf announced that nearly $324 Million in funding has been awarded to 31 hospitals across the Commonwealth through the “Hospital Emergency Loan Program” or HELP, which provides short-term financial relief as hospitals combat the surge of COVID-19 cases in their area.

“As Pennsylvania continues to practice social distancing, we have successfully flattened the curve, but we know that our fight against COVID-19 is far from over,” said Gov. Wolf. “This funding will allow our hospitals to hold steady in that fight with the peace of mind that they have access to the resources they need to provide critical care to their communities.”

The loan package was made available to the Commonwealth’s hospitals to provide immediate financial support for working capital to ensure that these facilities have sufficient personnel, equipment, and personal protective equipment.

The funding was dispersed by the Pennsylvania Infrastructure Investment Authority (PENNVEST) and is being administered by the Pennsylvania Department of Community and Economic Development (DCED) through the Pennsylvania First Program (PA First).

Pennsylvania health care facilities licensed as hospitals by the Pennsylvania Department of Health under the Health Care Facilities Act of 1979 that are eligible to receive federal grant funding through the CARES Act are eligible for HELP.

For the most up-to-date information on COVID-19, Pennsylvanians should visit on.pa.gov/coronavirus.

For Further Information:

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

Be well and stay safe!

April 29, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ Executive Order 128 allows for the use of Security Deposits to pay for Rental Obligations

Late last week (April 24, 2020), NJ Gov. Murphy signed Executive Order No. 128 (“EO”). The EO takes effect immediately and will remain in effect until the end of the public health emergency established by Executive Order No. 103 (2020). The EO applies in the context of residential leases (not commercial leases, given the ambit of the Security Deposit Act).

The EO allows residential tenants to use their security deposit for the payment of rent (per N.J.S.A. 46:8-19 et seq., a security deposit and any accumulated interest and earnings of such deposit remain the property of the tenant).

Upon a tenant’s written request, which may be an electronic communication, a security deposit that is governed by the provisions of N.J.S.A. 46:8-19 et seq. and the tenant’s portion of any interest or earnings that have accumulated may be applied or credited toward rent payments due during the public health emergency or up to 60 days after the public health emergency terminates. The use of a security deposit for the payment of rent will NOT be considered a violation of N.J.S.A. 46:8-19 et seq.

After a tenant has applied or credited the security deposit, interest or earnings to pay rent for the duration of the tenant’s current lease, the landlord can still charge the tenant any money the landlord expends that would have been reimbursable by the security deposit.

Per the EO, the tenant is NOT obligated to make any further security deposit relating to the current term of the contract, lease or license agreement.

If the tenant and landlord extend or renew their contract, lease or license agreement, the tenant will then be required to replenish the security deposit in full if it was previously used for the payment of rent, on the LATER of (A) the date that is 6 months following the end of the public health emergency and (B) on the date on which the current contract, lease or license agreement is extended or renewed.

Note: Pursuant to an earlier Executive Order, EO 106, residential evictions and foreclosures have been halted (i.e., “stayed”) for the time being until the public health emergency has been lifted by the Governor.

For Further Information:

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

Be well and stay safe!

April 29, 2020April 29, 2020 by Brad A. Molotsky

COVID-19: NJ names 21 Member COVID Taskforce

NJ has officially announced the 21 members of its COVID Taskforce. According to Governor Murphy, the NJ taskforce “is composed of experts in a multitude of fields — from academia to industry to the arts to labor, and so much more,” he said. “They bring passion and vision to the table. And, if there’s anything we need right now, it’s both.”

The group will include 16 members and 5 ex-officio members from the Murphy administration. It will be co-chaired by Merck Chair and CEO Ken Frazier and former Princeton President Shirley Tilghman.

“They will address core economic issues, but also issues which directly impact economic health — notably public health, workforce issues and transportation,” he said. “And, they will seek ways to sustain our recovery by maximizing future federal support, especially for our small business sector.”

The members are:

Co-chairs:

Ken Frazier, Merck chairman and CEO;

Shirley Tilghman, president emerita of Princeton University and professor of molecular biology & public policy.

Sitting members:

Ben Bernanke, former two-term chair of the Federal Reserve and distinguished fellow in residence with the Economic Studies Program at the Brookings Institution;

Rich Besser, CEO and president of the Robert Wood Johnson Foundation and former acting director of the Centers for Disease Control and Prevention;
Evelyn McGee Colbert, founding board member and president of Montclair Film, and vice president of Spartina Productions;

Anthony Coscia, chairman of Amtrak, partner and executive committee member of Windels Marx Lane & Mittendorf, and chairman of Suez North America Inc.;

Jessica Gonzalez, founder and CEO of InCharged and founder of Experience VendX.

Jonathan Holloway, incoming Rutgers University president;

Lisa Jackson, vice president of environment, policy and social initiatives at Apple Inc. and former administrator of the U.S. Environmental Protection Agency under President Barack Obama;

Jeh Johnson, former secretary of homeland security under Obama, and partner at the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP;

Charlie Lowrey, chairman and CEO of Prudential Financial Inc.;

Denise Morrison, founder of Denise Morrison & Associates, senior adviser for PSP Partners and former CEO and president of Campbell Soup Co.;

Bill Rodgers, professor of public policy and chief economist at the Heldrich Center for Workforce Development at Rutgers University and former chief economist at the U.S. Department of Labor;

Neera Tanden, president of the Center for American Progress and CEO of the Center for American Progress Action Fund;

The Rev. Dr. Regena Thomas, director of the Human Rights and Community Relations Department of the American Federation of Teachers and former New Jersey secretary of state;

Richard Trumka, national president of the AFL-CIO.

Ex-officio members:

Sheila Oliver, lieutenant governor;
Judith Persichilli, health commissioner;
George Helmy, chief of staff;
Matt Platkin, chief counsel;
Kathleen Frangione, chief policy adviser

For Further Information:

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

Be well and stay safe!

April 27, 2020 by Brad A. Molotsky

COVID-19: PA Announces May 1 reopening for Golf Courses, Marinas and Privately Owned Camp Grounds

As of May 1, PA will allow golf courses and marinas and privately owned campgrounds to re-open.

Golf Courses – as reported by Paul Gough of the Pittsburgh Gazette, the reopening will be statewide but also include specific physical-distancing guidelines, including “no gatherings of any kind and appropriate social distancing of 6 feet between individuals is strictly abided” by the golf courses, according to the regulations updated Monday afternoon.

Only 1 person will be permitted per cart without caddies. Only takeout or delivery is allowed for restaurants and banquets and social gatherings at the club houses are NOT allowed.

Marinas – will be required to adhere to physical distancing, and chartered watercraft or rental activity isn’t allowed.

State campgrounds – will remain closed until May 14, 2020.

For Further Information:

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

Be well and stay safe!

April 27, 2020 by Brad A. Molotsky

COVID-19: NJ Announces 6-Point Plan and Methodology for ReOpening the State – “The Road Back”

Gov. Murphy announces NJ’s 6-point reopening plan called “The Road Back: Restoring Economic Health Through Public Health.”

The Governor also reiterated that his “Stay-at-Home” executive order will remain in effect until further notice.” The plan also calls for a measurable drop in cases over a 14-day period before a reopen happens.

Murphy’s press conference focused on:

• The Shore – hoping “we have some semblance of norm” at the Jersey Shore this summer, beginning on Memorial Day weekend, but “I just don’t envision being in tight spaces without real restrictions on capacity and social distancing.”

• Workplaces – the first workplaces and venues to reopen will be the ones where the state has a “high confidence” that social distancing can take place.
• Bigger Gatherings – concerts, he said, are not going to happen “anytime soon.”

• Parks – he hopes “sooner or later” that parks can reopen, saying he may agree with the argument that they’re essential “for mental health and other reasons.”

• Schools – he indicated that NJ is “still a number of weeks away” from a full reopening, but that there is “a chance” schools could reopen by May 15.

The 6 key principles (based in science and facts) will guide “the process for lifting restrictions and restoring New Jersey’s economic health through public health.”

“Restarting New Jersey’s economy and returning people to work will be done methodically, strategically, and responsibly,” he said.

Principle 1: Demonstrate Sustained Reductions in New COVID-19 Cases and Hospitalizations:

• The state must show a 14-day trend lines showing appreciable and sustained drop in cases, hospitalizations, and other metrics; and
• Hospitals must step down from functioning under crisis standards of care.

Principle 2: Expand Testing Capacity:

• The state must at least double current diagnostic testing capacity;
• The state must prioritize testing for health care workers, essential personnel, and vulnerable populations;
• The state must provide a flexible testing plan accessible to all residents;
• The state must expand partnerships with institutions of higher education, private-sector labs, and the federal government; and
• The state must ensure that those who test positive are linked to a health care provider.

Principle 3: Implement Robust Contact Tracing:

• The state must recruit and deploy an army of personnel who will identify and follow-up with contacts. The state Health Department has said it’s going to need to hire anywhere from 15 to 81 contact tracers per 100,000 people, or 1,500 to 7,000 people statewide;
• The state must leverage technological data and innovative solutions to increase efficiency; and
• The state must coordinate the approach of local and state health officials, which will have a coordinated county/regional component.

Principle 4: Secure Safe Places and Resources for Isolation and Quarantine:

• To the greatest extent possible, the state must provide individuals who do test positive in the future with a safe and free place to isolate and protect others from COVID-19; and
• The state must ensure that quarantined contacts are provided supportive services, if needed.

Principle 5: Execute a Responsible Economic Restart:

• The state must create the “Governor’s Restart and Recovery Commission” to advise on the process and recommend responsible and equitable decisions;
• The state must plan for a methodical and strategic return to work based on level of disease transmission risk and essential classification;
• The state must continue social distancing measures where feasible and appropriate; and
• The state must leverage any available federal funds and programs to support health care, individual, and small business recoveries.

Principle 6: Ensure New Jersey’s Resiliency:

• The state must learn from the lessons of COVID-19 and prepare for the possibility of a resurgence;
• The state must ensure hospitals, health care systems, and other health delivery facilities have inventories of personal protective equipment and ventilators;
• The state must build its own state personal protective equipment and ventilator stockpile; and
• The state must create a playbook for future administrations for the next pandemic.

For Further Information:

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

Be well and stay safe!

April 27, 2020 by Brad A. Molotsky

COVID-19: PA Announces Methodology for Phased Re-Opening Approach (50 new cases per 100,000 of population for 14 days)

Governor Wolf elaborated on the PA Department of Health metrics for Re-Opening and included an example to aid in calculation.

A target goal for reopening has been set at having fewer than 50 new confirmed cases per 100,000 population reported to the department in the previous 14 days. So, for example, an area with a population of 800,000 people would need to have fewer than 400 new confirmed cases reported in the past 14 days to meet the target. An assessment will determine if the target goal has been met. The administration will work closely with county and local governments to enable the communities to reopen and transition back to work.

The target data goal is not the only metric to be met before reopening a region. Additionally, the Commonwealth is also focusing on ensuring that there is:

• Testing – Enough testing available for individuals with symptoms and target populations such as those at high risk, health care personnel and first responders.

• Case Investigation – Robust case investigation and contact tracing infrastructure in place to facilitate early identification of cluster outbreaks and to issue proper isolation and quarantine orders.

• Safeguards – Identification of an area’s high-risk settings including correctional institutions, personal care homes, skilled nursing facilities and other congregate care settings, and assurance that facilities have adequate safeguards in place such as staff training, employee screening, visitor procedures and screening and adequate supplies of PPE to support continued operations.

PA will be relying on a modeling dashboard under development and evaluation by Carnegie Mellon University to take a regional and sector-based approach to re-openings, the easing of restrictions and public health response.

The full PA plan is available here: https://www.governor.pa.gov/process-to-reopen-pennsylvania

For Further Information:

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

Be well and stay safe!

April 27, 2020 by Brad A. Molotsky

COVID-19: NY announces Phased Approach for Re-Opening

On April 27th, Governor Cuomo outlined a phased plan to re-open New York starting with construction and manufacturing. Based on CDC recommendations, once a region experiences a 14-day decline in the hospitalization rate they may begin a phased re-opening. The plan will be implemented in phases and will be based on regional analysis and determinations. NY is closely monitoring the hospitalization rate, the infection rate and the number of positive antibody tests, as well as the overall public health impact, and will make adjustments to their plan and other decisions based on these indicators.

• Phase 1 – Phase 1 will include opening construction and manufacturing functions with low risk.

• Phase 2 – Phase 2 will open certain industries based on priority and risk level. Businesses considered “more essential” with inherent low risks of infection in the workplace and to customers will be prioritized, followed by other businesses considered “less essential” or those that present a higher risk of infection spread. As the infection rate declines, the pace of reopening businesses will be increased.

• Large Gatherings – the region must not open attractions or businesses that would draw a large number of visitors from outside the local area.

• 2 week Monitoring – there will be two weeks in between each phase to monitor the effects of the re-opening and ensure hospitalization and infection rates are not increasing.

• Coordination – the plan will be implemented with multi-state coordination, especially in downstate New York. The plan will also coordinate the opening of transportation systems, parks, schools, beaches and businesses with special attention on summer activities for downstate, public housing and low-income communities, food banks and child care.

• Employee Protections – the phased re-opening will also be based on individual business and industry plans that include new measures to protect employees and consumers, make the physical work space safer and implement processes that lower risk of infection in the business. The state is consulting with local leaders in each region and industry to formulate these plans.

For Further Information:

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

Be well and stay safe!