From Empire State Development (Courtesy of Niagara USA Chamber):
Dear Industry Partner:
Governor Andrew M. Cuomo’s Executive Order 202.8 of March 20, 2020 required non-essential businesses in New York State to reduce their onsite workforce by 100%. Only organizations and entities that were deemed essential by the Executive Order are exempt from these restrictions. Empire State Development (ESD) has updated its formal guidelines regarding essential businesses as of April 9, 2020. Please note that ESD’s guidance is subject to change as the State adapts its response to combating COVID-19.
Be advised that any previous designation or determination by ESD that a firm is an essential business that is inconsistent with the revised guidance is no longer valid.
Any business with a pending essential designation request must refer to the updated guidelines for a determination. If your business is included in the list of essential businesses, you do not need to request a designation. If your business is still not captured by the updated guidelines, you may resubmit a designation request to ESD through the agency’s online process here.
ESD’s complete guidelines can be found on ESD’s website and below. Updated guidance is underlined.
GUIDANCE – as of April 9, 2020
State and local governments, including municipalities, authorities, and school districts, are exempt from these essential business reductions, but are subject to other provisions that restrict non-essential, in-person workforce and other operations under Executive Order 202.
For purposes of Executive Order 202.6, “Essential Business,” shall mean businesses operating in or as:
1. Essential health care operations including
2. Essential infrastructure including
3. Essential manufacturing including
4. Essential retail including
5. Essential services including
6. News media
7. Financial Institutions including
8. Providers of basic necessities to economically disadvantaged populations including homeless shelters and congregate care facilities food banks
Essential construction may proceed, to the extent that:
At every site, it is required that the personnel working on the site maintain an appropriate social distance, including for purposes of elevators/meals/entry and exits. Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation.
Construction may continue solely with respect to those employees that must be present at the business location/construction site in support of essential business activities. No other employees/personnel shall be permitted to work in-person at the business location/construction site. Any other business activities being completed that are not essential are still subject to the restrictions provided by Executive Order 202.
As noted above, local governments, including municipalities and school districts, are allowed to continue construction projects at this time as government entities are exempt from these essential business restrictions. However, to the greatest extent possible, local governments should postpone any non-essential projects and only proceed with essential projects when they can implement appropriate social distancing and cleaning/disinfecting protocols. Essential projects should be considered those that have a nexus to health and safety of the building occupants or to support the broader essential services that are required to fulfill the critical operations of government or the emergency response to the COVID-19 public health crisis.
11. Essential services necessary to maintain the safety, sanitation and essential operations of residences or other businesses including
12. Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to:
However, golf courses are not essential
However, use of boat launches and marinas for recreational vessels is not considered essential
14. Professional services with extensive restrictions
Lawyers may continue to perform all work necessary for any service so long as it is performed remotely. Any in-person work presence shall be limited to work only in support of essential businesses or services; however, even work in support of an essential business or service should be conducted as remotely as possible.
Real estate services shall be conducted remotely for all transactions, including but not limited to title searches, appraisals, permitting, inspections, and the recordation, legal, financial and other services necessary to complete a transfer of real property; provided, however, that any services and parts therein may be conducted in-person only to the extent legally necessary and in accordance with appropriate social distancing and cleaning/disinfecting protocols; and nothing within this provision should be construed to allow brokerage and branch offices to remain open to the general public (i.e. not clients).
Pursuant to Executive Order 202.10, all non-essential gatherings of individuals of any size for any reasons (e.g. worship services, parties, celebrations, or other social events) are canceled or postponed. Congregate services within houses of worship are prohibited. Houses of worship may only be used by individuals and only where appropriate social distancing of, at least, six feet between people can be maintained. Further, individuals should not gather in houses of worship, homes, or other locations for religious services until the end of this public health emergency. If possible, religious leaders should consider alternative forms of worship, replacing in-person gatherings with virtual services, such as phone or conference calls, videoconference calls, or online streaming.
Restrictions on requesting designation as an essential business:
Pursuant to the Governor’s Executive Orders, the following businesses are specifically enumerated as non-essential and are, therefore, unable to request a designation:
Any large gathering or event venues, including but not limited to establishments that host concerts, conferences, or other in-person performances or presentations in front of an in-person audience;
Any dine-in or on-premise restaurant or bar service, excluding take-out or delivery for off-premise consumption;
Any facility authorized to conduct video lottery gaming or casino gaming;
Any gym, fitness centers, or exercise classes, except the remote or streaming service noted above;
Any movie theater;
Any indoor common portions of retail shopping malls with 100,000 or more square feet of retail space available for lease;
All places of public amusement, whether indoors or outdoors, including but not limited to, locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, family and children’s attractions; and
Any barbershops, hair salons, tattoo or piercing parlors and related personal care services, including nail technicians, cosmetologists and estheticians, and the provision of electrolysis, laser hair removal services.
For more information on New York’s response to COVID-19 and guidance on cleaning and disinfection of facilities, please refer to the New York State Department of Health’s webpage at: https://coronavirus.health.ny.gov/home.
Additional information from the United States Centers for Disease Control and Prevention can be found at: https://www.cdc.gov/coronavirus/2019-ncov/.
Empire State Development | esd.ny.gov