Paul Josephson – Page 2 – Project Development/Infrastructure/P3

August 25, 2020 by Brad A. Molotsky

Cannabis: Governor Wolf calls on PA Legislature to pass a Recreational Cannabis Bill; $1B of CARES relief

Earlier today, August 25, 2020, Gov. Tom Wolf called on the Pennsylvania Legislature to legalize recreational marijuana and use the tax revenue to help small businesses that have been impacted by the Covid-19 pandemic.

According to the Philadelphia Business Journal, Gov. Wolf’s proposal on recreational marijuana was part of a package unveiled to spend the $1 billion remaining out of $3.6 billion CARES Act funding. The Governor called for a range of spending that would include $225 million in forgivable loans and grants to small businesses and another $100 million for restaurants and bars, hospitality and leisure businesses that have taken a big hit since March with business closures and occupancy restrictions.

Tax revenue from the sale of recreational marijuana would add to the state’s small business funding and half would go to historically disadvantaged businesses.

While the recreational marijuana legalization was NOT tied to CARES Act funding, Gov. Wolf in the news conference said legalization would add even more money to the programs that Pennsylvania residents and businesses would need to get back on their feet after the Covid-19 hit to the economy.

His proposals for the remaining CARES Act funding would also include paid family and sick leave for all Pennsylvanians while announcing six weeks for all state employees; $225 million more in hazard pay for frontline workers; $10 million to help employers pay for the cost of personal protective equipment and cleaning supplies; and $250 million more in child care investments.

Governor Wolf also wants the alcohol tax to be canceled or reduced for 6 months and also allow bars, restaurants and other hospitality industries to buy alcohol at cost for six months.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. We also have a Cannabis Practice Group that in active in the cannabis regulatory, licensing, IP, real estate and fund raising aspects of the cannabis industry. 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, Tracy A. Gallegos, Paul Josephson, Seth Goldberg, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe

June 9, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ Continues Moves to Re-Open, increasing Permitted Gathering Numbers

On June 9th, NJ Gov. Phil Murphy lifted New Jersey’s stay-at-home order and will allow for bigger social gatherings.

– Indoor Gatherings – the limit on indoor gatherings was raised to 25% of capacity or 50 people total; people are required to wear face coverings for these indoor gatherings

– Outdoor Gatherings – the limit on outdoor gatherings was raised from 25 to 100; furthermore, the limit on outdoor gatherings will rise to 250 on June 22nd and 500 on July 3rd

The increase to 500 on July 3rd is intended to permit outdoor graduations to resume in July, as long as fewer than 500 people are gathered together outside.

Exceptions will be granted for outdoor religious services and First Amendment activities, such as protests.

All outdoor recreational and entertainment may resume except for amusement parks, water parks and arcades.

Governor Murphy also announced on the 8th that pools will be permitted to reopen per announced schedules.

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, Elizabeth Mincer, Jimmy Greenberg or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

June 1, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ Issues Additional Re-Opening Guidance – Child Care, Horse Racing, Youth Sports, Summer Camps, Non-Essential Retail, Salons and Restaurants – Executive Order 149

NJ Gov. Phil Murphy signed Executive Order 149 that has eased restrictions on child-care centers, horse racing, organized youth and other non-professional sports, and summer camps for kids.

Child Care:

o Detailed guidance for licensed child-care centers was issued.
o Child-care centers can reopen their doors to the children of non-essential workers on June 15.
o Centers that planned to open needed to alert the state and file an attestation that they would follow the state guidelines for safety and social distancing.
o Inspectors from the department will be visiting centers that reopen.

• Gov. Murphy also announced the administrative order allowing horse racing in New Jersey will resume on Monday, June 1.

o The grandstands at the state tracks will remain closed.
o Betting will take place online only.

• Youth day camps (including municipal summer recreation programs) can open July 6.

o Similar safety and social distancing requirements are being formulated by state officials and will be in place in coming weeks.
o Sleep-away and residential camps remain prohibited under the new order.

• Organized youth-sport practices can resume June 22.

o The order extends to high school and college sports programs.
o Activities must be conducted outside and for now must be limited to non-contact drills.
o Murphy said no-contact rules and other restrictions will be revisited on an ongoing basis.

• The Governor said that the 10-person limit on people who can gather inside a house of worship in New Jersey will be raised in advance of services conducted on June 12.
o He did not, however, specify what the revised limit would be.
o Murphy said state officials were working with faith leaders to establish guidance to insure congregant safety.

On Monday, June 1st, the Governor followed up EO 149 saying that he will allow restaurants to reopen for outdoor dining and “non-essential” retail to allow indoor customers, starting on June 15.

Personal care operations, such as salons and barbershops, can reopen on June 22, while gyms and health clubs will be able to reopen at some point in the coming weeks on a limited basis.

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!

May 19, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ continues Reopening Program permitting additional Outdoor Activities and Businesses to Open on Friday 5-22-20 – Executive Order 147

Governor Murphy signed Executive Order No. 147 (“EO”), allowing certain outdoor activities at recreational businesses, including archery ranges, batting cages, golf driving ranges, horseback riding, shooting ranges, and tennis clubs as well as community gardens to open with required social distancing measures in place. The EO takes effect on Friday, May 22 at 6:00 a.m.

Outdoor Recreational Businesses: To limit physical interactions, the EO requires outdoor recreational businesses that reopen to limit capacity to 10 people at one time and implement reasonable restrictions that include:

• Using electronic or telephone reservation and payment systems;
• Prohibiting impermissible gatherings;
• Installing physical barriers between employees and customers;
• Limiting the use of equipment to one person;
• Implementing social distancing measures in commonly used areas, including demarcation and signage;
• Infection control and hygiene practices;
• Providing sanitization materials to employees;
• Frequent sanitization of high-touch areas; and
• Limiting occupancy of restrooms.

Community Gardens: Governor Murphy’s EO permits community gardens to reopen so long as they comply with the same restrictions implemented at parks under Executive Order No. 133.

All-Terrain Vehicle and Dirt Bike Rental Businesses: The Order allows all-terrain vehicle and dirt bike rental businesses to reopen to the public for “curb-side” pickup. Such businesses must comply with the same restrictions required for non-essential retail businesses.

Golf Courses: The EO relaxes four of the restrictions on golf courses, allowing them to expand tee-times to four players, allow the use of forecaddies, offer club and equipment rentals, and reopen restrooms with disinfecting and hygiene protocols in place.

The EO also recommends, but does not order, that people wear a face covering while in public settings at outdoor recreational businesses and community gardens when social distancing measures are difficult to maintain.

The EO further clarifies that amusements parks and arcades, and other places of public amusement located at these businesses remain closed, including places of public amusement that are located at a place otherwise authorized to be open by any executive order issued after March 21, 2020, such as a boardwalk.

For Further Information:

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

Be well and stay safe!

May 17, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ Gov signs 4 New Bills into law – continuing to open more businesses throughout the state – Mixed Drinks; Water Craft; Hospital Visitations; Local Government Meetings

Governor Murphy announced that he’s signed 4 new bills into law that allow more New Jersey businesses to reopen.

Fishing – fishing charters and watercraft rentals are permitted to reopen at 6 a.m on Sunday, May 17th.

Under the bill, charter boats and watercraft rentals are permitted to resume operations as long as social distancing is observed, sanitation is maintained, online payments systems are set up and passenger and customer logs are preserved for the purposes of contact tracing.

Alcohol – authorized the sale and delivery of mixed drinks.

Bill A3966 which was signed into law permits hotels, motels, bars and restaurants to sell and deliver alcoholic beverages and mixed cocktails in original containers or in closed and sealed containers. The bill also allows craft distillery licensees to sell for consumption.

Governor Murphy also signed these bills into law:

A-3942/S-2394 (Mukherji, Vainieri Huttle, Pintor Marin/Greenstein, Stack) – Requires hospital to permit individual to accompany woman during childbirth.

A-3969/S-2392 (Danielsen, Mukherji, Verrelli/Sarlo) – Allows extension of certain local government timeframes; allows local governments to accept certain payments; allows local governments to conduct certain meetings remotely; adjusts certain property tax distribution and notice requirements.

S-2344/A-3970 (Pou, Singer, Vitale/Reynolds-Jackson, Quijano, Zwicker) – Requires Medicaid and health insurance coverage for certain refills of prescription drugs during state of emergency.

For Further Information:

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

Be well and stay safe!

May 13, 2020May 13, 2020 by Brad A. Molotsky

COVID-19: NJ announces plan for the Restart of Non-Essential Construction and the Curbside Reopening of Non-Essential Retail Stores – Monday, May 18th

On May 13, Governor Murphy announced the permissible reopening of nonessential retail stores for curbside pick up, and drive thru attractions, as well as the authorization for nonessential construction to resume. For the full text of the Executive Order please see https://nj.gov/infobank/eo/056murphy/pdf/EO-142.pdf

The actions include:

• Allowing the restart of Non-Essential Construction, subject to social distancing and mitigation protocols, effective on 6:00 a.m. on Monday, May 18th and includes all types of construction previously shut down under Executive Order 122.

• Allowing Non-Essential Retail to start curbside pick-up starting at 6:00 a.m. on Monday, May 18 for all non-essential retail establishments previously closed under Executive Order 107 and is available by both vehicle and on foot.

• Vehicle gatherings are permitted effective immediately, subject to certain social distancing requirements. This includes drive-in or drive-through events such as movie theaters, church services, and farms.

For Further Information:

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

Be well and stay safe!

May 8, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJEDA available sources of Funds and Loans for Businesses in NJ

Good morning and I hope you and yours are doing well and staying safe.

I came across a piece from the Southern NJ Chamber of Commerce that outlined the programs below and reminded me of the various non-COVID related programs that still exist and are open for assistance from the NJEDA.

Worth taking a look if you have a need:

* Micro Business Loan Program: Through this program, the NJEDA makes financing of up to $50,000 available to for-profit New Jersey businesses, which can use the financing for working capital or to purchase equipment. To ensure that the financing is accessible to the early-stage and micro businesses that need it most, to qualify, a business must have annual revenues of less than $1,500,000 in the most current fiscal year and cannot have more than 10 full-time employees at time of application.

* Small Business Fund: The Small Business Fund offers loans of up to $500,000 for qualifying creditworthy small, minority- or women-owned businesses in New Jersey with up to $3 million in revenue that have been in operation for at least one full year and may not have the ability to get bank financing. Not-for-profit corporations that have been operating for at least three full years may also be eligible for assistance under the Small Business Fund.

* Direct Loans: Direct loans are available up to $2 million for fixed assets, and $750,000 for working capital. New Jersey businesses in need of financing and committed to job creation/retention may be eligible for direct loans through the NJEDA when conventional financing is not available. NJEDA’s direct loan financing offers competitive interest rates and terms.

* Premier Lender Program: In partnership with two dozen banks throughout New Jersey, The Premier Lender Program offers up to a $2 million loan participation or $1.5 million loan guarantee for fixed assets, and up to a $750,000 loan participation or $1.5 million guarantee for term working capital. Line of credit guarantees of up to $750,000 are also available.

More details about each of these programs can be found on the NJEDA’s website at http://www.njeda.com/small_midsize_business.

NJEDA also launched a suite of programs specifically designed to address the COVID era challenges the outbreak has caused. These initiatives include grants, loans, guarantees, and support for entrepreneurs and community development financial institutions. The grant and loan programs are currently oversubscribed, but the NJEDA is actively seeking funding from federal, corporate, and philanthropic sources to expand them.

Small business owners seeking more information about any of these programs should visit New Jersey’s COVID-19 Business Information Hub at https://cv.business.nj.gov.

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: 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.

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!

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 8, 2020June 11, 2020 by Brad A. Molotsky

COVID-19 – NJ updates its Executive Order – “Non-Essential” Construction Activity Shut Down and Retail Limitations – effective April 8th – 8PM

Governor Murphy announced on Wednesday, April 8, 2020, an Executive Order (“EO”) that will impact business operations across the State of New Jersey. A copy of the Executive Order can be found at: https://nj.gov/infobank/eo/056murphy/pdf/EO-122.pdf

New Guidelines for “Non-Essential Construction“:

Per the EO, all non-essential construction operations in NJ must be shut down at 8 PM on 4-10-2020. Below is the definition for “essential construction” that may remain operational. The EO also requires construction projects that remain active to adopt special social distancing and cleanliness standards.

Projects necessary for the delivery of health care services, including but not limited to hospitals, other health care facilities, and pharmaceutical manufacturing facilities;
Transportation projects, including roads, bridges, and mass transit facilities or physical infrastructure, including work done at airports or seaports;
Utility projects, including those necessary for energy and electricity production and transmission, and any decommissioning of facilities used for electricity generation;
Residential projects that are exclusively designated as affordable housing;
Projects involving pre-K-12 schools, including but not limited to projects in Schools Development Authority districts, and projects involving higher education facilities;
Projects already underway involving individual single-family homes, or an individual apartment unit where an individual already resides, with a construction crew of 5 or fewer individuals. This includes additions to single-family homes such as solar panels;
Projects already underway involving a residential unit for which a tenant or buyer has already entered into a legally binding agreement to occupy the unit by a certain date, and construction is necessary to ensure the unit’s availability by that date;
Projects involving facilities at which any one or more of the following takes place: the manufacture, distribution, storage, or servicing of goods or products that are sold by online retail businesses or essential retail businesses, as defined by Executive Order No. 107 (2020) and subsequent Administrative Orders adopted pursuant to that Order;
Projects involving data centers or facilities that are critical to a business’s ability to function;
Projects necessary for the delivery of essential social services, including homeless shelters;
Any project necessary to support law enforcement agencies or first responder units in their response to the COVID-19 emergency;
Any project that is ordered or contracted for by Federal, State, county, or municipal government, or any project that must be completed to meet a deadline established by the Federal government;
Any work on a non-essential construction project that is required to physically secure the site of the project, ensure the structural integrity of any buildings on the site, abate any hazards that would exist on the site if the construction were to remain in its current condition, remediate a site, or otherwise ensure that the site and any buildings therein are appropriately protected and safe during the suspension of the project; and
Any emergency repairs necessary to ensure the health and safety of residents.

New Guidelines for Essential Retail Stores:

All essential retail must indefinitely limit the number of customers in their stores to 50 percent of their approved capacity.Customers and employees must wear face coverings. Stores must provide special shopping hours for high-risk individuals, erect physical barriers between customers and cashiers and baggers where practicable, and regularly sanitize areas used by their employees.

New Guidelines for Warehouses and Manufacturing Facilities:

The order will also put greater protections in place for the workers in warehouses and in manufacturing and will required social distancing to be practiced to its fullest extent.

About Duane Morris:

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Please see our COVID-19 site or 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 Alert, please contact Brad A. Molotsky, Paul Josephson, Elizabeth Mincer, James Greenberg, or any member of our COVID-19 Strategy Team or the attorney in the firm with whom you are regularly in contact.