Matt LoBello – Project Development/Infrastructure/P3

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 12, 2020 by Brad A. Molotsky

COVID-19: NJ Announces $60M of Additional Covid-Relief Small Business Grants

On November 11, 2020, Gov. Phil Murphy announced a commitment of at least $60 Million in additional relief grants under Phase 3 of the New Jersey Economic Development Authority’s (NJEDA’s) Small Business Emergency Assistance Grant Program (SBEAG).

This funding is in addition to $70 M of funds already allocated for the current phase of the SBEAG program and will enable the NJEDA to fulfill grants for the entire pipeline of eligible businesses that applied for Phase 3 funding prior to the application deadline.

Without this additional funding, approximately 13,000 of the nearly 22,000 businesses that applied for Phase 3 grants would have been denied a grant given the amount of interest in the program.

Per NJ Business Today, the NJEDA’s suite of COVID-19 relief programs provides a variety of resources for businesses of all sizes, including grants for small businesses, zero-interest loans, support for private-sector lenders and CDFIs, and funding for entrepreneurs.

One of NJEDA’s relief programs is the SBEAG, which provides grants to small businesses impacted by the pandemic.

To attempt to achieve an equitable distribution of funds, the NJEDA set aside 1/3 of the funding for this program to support qualified businesses located in NJ Opportunity Zones. The goal of this new round of allocations is to help minority and women-owned businesses obtain some of the available grant funds.

According to NJ Business Today, more than 22,000 small businesses have been approved for grants worth more than $64.9 million through Phases 1 and 2 of the Small Business Emergency Assistance Grant Program. The average grant award has been roughly $3,000, which indicates the average approved business has three full-time equivalent employees.

Phase 3 significantly expands eligibility for the Grant Program and increases the amount of funding businesses can receive.

Eligibility – Any business or non-profit located in New Jersey, including home-based businesses, with 50 or fewer full-time equivalent employees (FTEs) is eligible to receive grant funding during Phase 3, including businesses that received funding in previous phases of the program.

Opportunity Zone Set Asides – To ensure funding goes to businesses hit hardest by the pandemic, Phase 3 sets aside funding for restaurants, micro-businesses, and businesses based in the state’s 715 Opportunity Zone-eligible Census tracts.

To date over $250 M of funding from NJEDA has been allocated to support small businesses with a significant focus being on restaurants, micro-businesses, and minority- and women-owned firms.

In addition to the SBEAG Program, the NJEDA administers a variety of technical assistance and low-cost financing programs for small and mid-sized businesses impacted by COVID-19.

More information about NJEDA’s programs and other State support is available at https://covid19.nj.gov.

November 9, 2020 by Brad A. Molotsky

COVID-19: NJ Announces Additional COVID-19 related Restrictions – Restricting Indoor Food service after 10 PM and Indoor Sports

As of this morning, November 9, 2020, NJ Gov. Phil Murphy is set to follow through on his weekend commentary to impose new COVID-19 related restrictions given NJ’s continued increasing COVID-19 numerics.

Per NJBIZ, the Murphy administration has indicated that bars and restaurants will soon need to close all indoor service by 10 p.m. Interstate indoor organized sports will also be prohibited indefinitely, according to sources in the Murphy administration.

The Governor will announce the restrictions, and provide additional details, during his 1 p.m. news conference.

Specifically, restaurants, casinos and bars will be prohibited from serving food and alcohol between 10 p.m. and 5 a.m. and these new rules will take effect on November 12, 2020. Restrictions will also be placed on seating.

November 2, 2020November 2, 2020 by Brad A. Molotsky

COVID-19: NJ revises COVID Guidance for Public Gatherings – Self Service Food, Indoor Malls, Athletic Events and Private Tutoring Facilities

On October 31, 2020, Gov. Phil Murphy and the head of the New Jersey State Police modified certain restrictions on businesses and public gatherings in New Jersey. The modifications are set forth in Administrative Order 2020-22 (the “AO”).

Key topics include the prohibition of self service food such as buffets and salad bars ; the allowance of indoor shopping mall vending machine and stroller rentals but prohibiting valet and play areas; the loosing of how we count maximum gatherings for athletic competition; and the allowance of private tutoring facilities to reopen for students and clients.

1. Self-service Food: Self service food such as buffets and salad bars are prohibited at retail businesses, like grocery stores, under the AO. Note that self-service drinks are still permitted, but only if they are routinely and effectively cleaned and sanitized.

2. Indoor Shopping Malls:

Vending machines and stroller rentals are now permitted to be operated at malls as long as they are sanitized, but playgrounds and valet parking must remain closed.
Valet Parking and communal play areas are NOT permitted at indoor malls

3. Athletic events (including those for professional sports and collegiate athletic competitions) are still subject to Executive Orders 161 and 183 but, the AO confirms that athletes, coaches, referees, trainers and other individuals necessary to the performance of a competitive sporting event are NOT included in the number of individuals for gathering limits purposes.

For indoor athletic competitions, the amount of people permitted in such venues is capped at 150 people or 25% of the room’s capacity, whichever is lower.

Masks are required to be worn by spectators and non-athletes at both indoor and outdoor venues (except if under 2 years of age, where it is impracticable for an individual to wear a masks (such as when eating or drinking) or when doing so would violate Federal or State law.

4. Private Tutoring Facilities: Private tutoring facilities may reopen for students and other clients.

For a copy of the Administrative Order No. 2020-22 – please see https://d31hzlhk6di2h5.cloudfront.net/20201031/63/af/39/ad/30c4bf2e846cbe2de8b48b61/AO_2020-22.pdf

October 28, 2020October 28, 2020 by Brad A. Molotsky

COVID-19: NJ announces COVID centric private employer work safety rules effective November 6, 2020

Pursuant to a new executive order, the Murphy administration is setting up statewide COVID-19 safety standards for private sector employers, and a means to enforce those rules.

Under the order Gov. Phil Murphy signed earlier today, 10-28-2020, which goes into effect at 6:00 a.m. on Nov. 6th, the state has set up will set up a compliance regime with a collection of mandatory COVID-19 reopening protocols, and the means to go after non-compliant employers.

Per NJBIZ, at a minimum, workers have to undergo health screenings at the start of every shift, while everyone present at the workplace has to remain socially distanced. Employees must be made aware if they’ve been exposed to COVID-19 at the workplace.

Employees have to wear a mask, provided at the expense of the business owner, who would also supply sanitizing materials to customers and workers at their own expense. High-touch areas must be routinely cleaned and disinfected, while employees must be provided hand-washing breaks throughout the day.

The Murphy administration included similar rules for large-scale business re-openings, like sanitization, face mask usage, 6-foot physical distancing, staggered shifts to avoid overcrowding, protocols for quarantining COVID-positive workers, and how to screen potentially infected employees.

But without a state-level system of private sector enforcement, it has been reported that many workers continued to feel at risk.

To date, federal Occupational Safety and Health Administration (OSHA) has only put out voluntary guidance for individual states, rather than strict mandates.

Under the Executive Order, the New Jersey Department of Health and the New Jersey Department of Labor and Workforce Development will be required to create a system to investigate a lack of compliance and pursue enforcement actions.

The rules are expected to include a system where employees can submit complaints.

State health and labor officials will be authorized to perform workplace inspections, issue subpoenas and interview both workers and their employers.

The two departments would jointly create a system to aid business owners in complying with the rules. Moreover, the labor department would create worksite notices and materials for both workers and business owners.

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, Caroline Austin, Danielle Dyer, Elizabeth Mincer, Kathy O’Malley, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

October 18, 2020 by Brad A. Molotsky

COVID-19: NJ updates its Moratorium on Residential Utilities and their ability to pursue Non-Payment

Last week, NJ updated its guidance on COVID-19 related charges for most utilities in Executive Order 190.

Water, Gas, and Electricity:

No household may have its electricity, gas service, or water service shut off for nonpayment. This moratorium on utility shutoffs is extended to at least March 15, 2021 and applies to all residential gas, electric and water utilities, both public and private.

If there is any customer whose service has been disconnected since March 16, 2020, their service must be reconnected.

In addition, utilities will not be charging late fees nor fees to reconnect services that have been disconnected.

Although utility service shutoffs are still suspended, customers are still encouraged to set up payment plans with their utilities so they can begin paying their bills, if they are able, over a period of time.

According to NJ State published information on line, if you are struggling to pay your utility bills, contact your utility company about assistance programs and payment plans, or visit BPU’s “Assistance Programs” page for information about programs that can help.

Note: For any questions about your service, first contact your utility company. A list of public gas and electricity utility company phone numbers is available here.

If you are unable to resolve an issue with your utility company, you should contact BPU’s Customer Assistance team by filling out this online form, or by calling (800) 624-0241 and leaving a voicemail.

Phone and Internet:

No cable or telecommunications provider that provides residential internet and voice services to New Jersey residents shall terminate these services due to nonpayment before November 15.

After November 15, cable and telecommunications providers are required to enroll customers with an already existing account in an interest free payment plan of at least 12 equal monthly installments, including the balance already due, prior to disconnecting the customers service.

For households with school-age children who need Internet connectivity for remote-learning, Internet shutoffs will not be permitted through March 15, 2021. If a household experiences a change of circumstances where school age children will be using their home Internet service for school, the cable and telecommunications company will be required to reconnect that Internet service.

Source: Executive Order No. 190

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.

October 18, 2020 by Brad A. Molotsky

COVID-19: NJ announces updated COVID era Sports rules and regulations

As of last week, NJ organized sports activities can resume.

As of October 12, no-contact practices, contact practices, and competitions for sports defined as “Low Risk”, “Medium Risk”, and “High Risk” are permitted in both outdoor and indoor settings. Low-risk, non-contact sports include golf and tennis. Medium- and high-risk sports include baseball, softball, soccer, basketball, football hockey, judo, boxing, karate, wrestling, rugby, and group dance.

All indoor practices and competitions are limited to 25% of the room capacity or 25 people, whichever is fewer. However, if the number of individuals who are necessary for practice or competition, such as players, coaches, and referees, exceeds 25, the practice or competition may proceed if no unnecessary individuals such as spectators are present.

Even if this exception applies, the number of individuals at the practice or competition cannot exceed 25% of the capacity of the room, and such limit cannot exceed 150 persons.

Outdoor competitions or tournaments must abide by the limit on outdoor gatherings, which is currently limited to 500 people.

Facilities and participants must also abide by a number of health and safety protocols outlined in the Department of Health’s “Guidance for Sports Activities,” such as screenings for athletes, coaches, and staff; limitations on equipment sharing; and requirements for disinfecting and sanitizing surfaces and equipment.

Staff, parents, guardians, and visitors are required to wear face coverings at practices and games. Athletes are encouraged to wear masks during downtime, but not during physical activity.

The Department of Health’s guidance also includes further details on which sports are defined in which category, how to create a sports program preparation plan, how to prepare a facility for sports practices, how to conduct sports practices, and how to prepare for games and tournaments.

Fall School Sports Season

Sports under the jurisdiction of the New Jersey State Interscholastic Athletic Association (NJSIAA) or the National Collegiate Athletic Association (NCAA) must also abide by those associations’ rules.

The final determination on the fall high school sports seasons will be made by the NJSIAA, and school districts will make the ultimate decision on whether teams will resume competition.

Under the NJSIAA’s current plan, competition may start September 28 for girls tennis and on October 1 for all other sports except football, which will kick off its season on October 2.

Regular seasons will conclude on October 23 for girl’s tennis, November 7 for football, and November 12 for all other fall sports. Limited postseason play will run from October 24 through October 31 for girls tennis, and November 13 through November 22 for all other sports.

Schools that do not participate in the postseason may continue to play until November 22, with the exception being Thanksgiving football games. These are permissible after November 22, at each school’s discretion. No other fall sports competition will be allowed after November 22.

For additional information and updates, refer to theNJSIAA’s COVID-19 alert page.

NOTE: A student-athlete’s ability to participate with their team will not be altered in any way – regardless of whether they participate in remote-learning or in-person instruction.

A new law waives the requirement to complete an annual pre-participation physical examination for any student-athlete enrolled in grade six to 12 who either completed a physical examination during the 2019-2020 school year or completed a physical examination that allowed the student to participate on a school-sponsored interscholastic or intramural athletic team or squad during the 2019-2020 school year.

A student-athlete who has not completed a physical examination within 365 days prior to the first day of official practice in the athletic season is permitted to participate on a school-sponsored athletic team provided they complete the physical examination before the end of the athletic season.

Professional Sports

Professional sports teams which train or play in New Jersey can practice and engage in games or matches, if their leagues resume competition.

The State has been in constant discussions with these teams about the protocols they will have in place to protect the health and safety of the players, coaches, and team personnel – including facilities where proper sanitation and hygiene practices can be readily maintained.

Source: Executive Order No. 148; Executive Order No. 149, Guidance for Sports Activities; Executive Order No. 161; Executive Order No. 163; https://nj.gov/governor/news/news/562020/approved/20200812b.shtml; Executive Order No. 187

October 13, 2020 by Brad A. Molotsky

COVID-19: NJ announces $112M of grant funds for small businesses, restaurants and families under the CARES Act

Earlier today, October 13, 2020, Gov. Phil Murphy announced plans to distribute $112 Million of the state’s CARES Act money via grants to small businesses and struggling families.

$70 million will be distributed by the state’s Economic Development Authority Small Business Emergency Assistance Grant Program:

$35 million to the food service industry (places defined as “food services and drinking places”);

$15 million to microbusinesses (those with five employees or fewer);

$20 million to replenish the EDA’s existing Small Business Emergency Grant program;

Other grants include:

$10 million to add to the EDA’s PPE program, which helps small business owners purchase PPE;

$15 million to support renters in the Department of Community Affairs Rental Assistance Program;

$5 million to food banks and other hunger relief efforts to help families battling food insecurity;

$12 million for the Department of Human Services’ new Housing Assistance Program, which provide rental or mortgage assistance payments on behalf of eligible households that have suffered a financial hardship.

The source of funds is the $2.4 Billion the state received in money from the CARES Act.

By way of background, the Small Business Emergency Assistance Grant Program provides grants to small businesses impacted by the pandemic. To date, over 19,000 small businesses have benefited from the program. Phase 3 of the Grant Program expands eligibility to any business with 50 or fewer full-time equivalent employees and increases the amount of funding businesses can receive.

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.

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: 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!