Liz Mincer – Project Development/Infrastructure/P3

June 5, 2021 by Brad A. Molotsky

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.

March 30, 2021 by Brad A. Molotsky

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.

December 14, 2020 by Brad A. Molotsky

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.

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.

November 12, 2020 by Brad A. Molotsky

COVID-19: Counties and Municipalities in NJ are now permitted to establish curfews for Non-Essential Businesses

Earlier today, November 12, 2020, Governor Murphy executed an Executive Order allowing municipalities and counties the option to impose curfews on all non-essential businesses as early as 8:00 p.m. Municipalities and counties do not have to impose restrictions, but they will now have the power to do so if they choose.

In his press briefing, the Governor advised that other municipality or county actions such as: restrictions on essential businesses, full business closures, or restrictions on gatherings and capacity that differ from the statewide rules are “impermissible and will be invalidated.”

Per our earlier reporting, a closure requirement for all bars, restaurants and clubs at 10 PM until 5:00 AM goes into effect today and all bar side seating is prohibited.

Per reporting from NJ Biz, Gov. Murphy additionally announced that New Jersey was chosen by the Federal Department of Health and Human Services as one of the first states to receive CUE Health’s molecular rapid test. He said that the test has shown to produce results with 99% accuracy in approximately 20 minutes.

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, Paul Josephson, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

November 10, 2020November 10, 2020 by Brad A. Molotsky

COVID-19: PA Legislature considering $200M Live Music and Theatre Venue Covid-19 Relief Bill – Save our Stages

According to the Philadelphia Business Journal, a bill aiming to alleviate the financial impact that Covid-19 has been having on independent live music venues has been introduced in the Pennsylvania House of Representatives.

HB2894, dubbed the Pennsylvania “Save Our Stages” Act, looks to allocate $200 million of Cares Act funding for grants to be made available to independent venue operators, theaters and promoters that have had business interrupted by the pandemic.

The Bill was introduced by Rep. Jake Wheatley (D) from the Allegheny County area. As proposed, the Bill could impact approximately 225 independent live music venues.

Eligible recipients would include those that organize, promote, produce, manage or host ticketed live concerts, comedy shows, theatrical productions or other events by paid performing artists.

Selected businesses must have fewer than 500 full-time employees, not be publicly traded, and not operate venues in more than 10 states, among other criteria.

Grants would be no greater than 45% of gross revenue from 2019 or $2 million (whichever is less) and could be applied to expenses incurred from March 1 through Dec. 31. The funds could be applied to various costs including payroll, rent, utilities, mortgage interest payments, insurance, personal protective equipment and existing loans.

HB2894 is currently under review by the House Commerce committee.

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, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.