Coronavirus Regulations: A State-By-State Week In Review

By Jeannie O'Sullivan
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Law360 (November 3, 2020, 8:18 PM EST ) Several states navigated upticks in COVID-19 cases and deaths over the past week as the pandemic made an autumn upsurge, prompting new restrictions in Illinois and Massachusetts, an extended emergency declaration in Delaware and widespread worker health protections in New Jersey.

New York, meanwhile, added relaxations to its 14-day quarantine rule for incoming travelers from states with rising community spread as the state's own positive-test rate remained comparatively low.

Strides in coronavirus testing were made in California, which unveiled a new $25 million lab, and Delaware, where new community testing sites will operate over the next week. Additionally, the First State joined forces with New Jersey and Rhode Island to create a coordinated plan for testing asymptomatic residents.

Here's a breakdown of some COVID-19-related state measures from the past week.

Click for state-by-state data on COVID-19 legislation and executive orders, powered by LexisNexis.


Multistate

Delaware, New Jersey and Rhode Island have launched a coordinated plan for testing asymptomatic residents, the governors announced Friday, citing the "interconnectedness" of the states' public health and economies and the lack of uniform guidance at the federal level.

California

Gov. Gavin Newsom on Saturday announced the opening of a $25 million laboratory in Valencia that will further the state's coronavirus testing capacity and create 300 jobs. Built in conjunction with diagnostics firm PerkinElmer, the lab will begin processing tests this month.

As part of the state's response to the pandemic, Newsom on Oct. 28 issued an executive order directing transportation authorities to create a process for issuing permits for businesses to conduct commercial activities in highway right-of-ways and to extend outdoor dining options to sidewalks and parking areas. The order also allows people 70 years of age and older to renew their drivers' licenses by mail and extends provisions for real estate license application deadlines, renewal fees and continuing education requirements.

Delaware

Delaware has 31 new community testing sites that will operate at various times through Nov. 7, Gov. John Carney announced Sunday. There are 18 in New Castle County, six in Kent County and seven in Sussex County.

Carney on Friday signed an executive order extending the pandemic state of emergency another 30 days to address community spread.

The Delaware Division of Social Services said Thursday that it would issue emergency nutrition and cash benefits for October to eligible households struggling financially due to the pandemic.

New Jersey

In an order clarifying pandemic mandates, Gov. Phil Murphy and State Police Superintendent Patrick Callahan said Saturday that athletes, coaches and other individuals necessary to the performance of a sporting event don't count toward crowd limits. The order also permits vending machines and stroller rentals at malls, prohibits self-service at food retail businesses and opens private tutoring facilities.

On Oct. 28, Murphy issued a mandate to protect the public and private workforces during the pandemic. Effective Nov. 5, all employers must require employees and visitors to maintain a 6-foot distance from others and wear masks at worksites, and comply with cleaning and reporting protocols. Workers must also undergo a training program on the guidelines.

New York

Starting Wednesday, travelers coming from states and territories on New York's pandemic travel advisory list will be able to "test out" of the mandatory 14-day quarantine, Gov. Andrew Cuomo said Saturday. Under the new rules, travelers must get tested within three days prior to arriving in New York, quarantine for at least three days upon arrival, and get a test on the fourth day after their arrival. Essential workers and travelers from contiguous states are exempt.

On Friday, Cuomo announced that an additional $10 million in Coronavirus Aid, Relief and Economic Security Act funds was being allocated to the Nourish New York program. Nourish New York provides families in need with supplies from state farmers and dairy manufacturers.

Cuomo on Oct. 28 said a micro-cluster focus area in Orange County met the metrics required to shift down from "Red Zone" status to an "Orange Warning Zone." The micro-cluster's positivity rate had dropped from 12% to 2% in three weeks, and the daily hospital admission rate had flattened.

Illinois

Due to a three-day test positivity rate of 8% or higher, Gov. J.B. Pritzker on Monday revived public health restrictions for restaurants and bars, meetings and social events, gaming and casinos, and workplaces in the state's North Central region. The new rules are effective Wednesday.

Pritzker over the past week also reinstituted restrictions in the West Central and East Central regions, plus in Lake and McHenry counties and Chicago, due to rising case numbers.

Massachusetts

In response to rising coronavirus cases and hospitalizations, Gov. Charlie Baker's administration said Monday that it was reviving certain restrictions as of Nov. 6, such as a stay-at-home advisory, early business closures, crowd limits and mask orders.

On Oct. 28, Baker announced that $5.9 million in grants were being awarded in the latest funding round of the state's Food Security Infrastructure Grant Program. The program was created by the state's COVID-19 Command Center's Food Security Task Force.

Pennsylvania

While inking a slew of laws Tuesday, Gov. Tom Wolf signed a measure that would require reports from health care facilities when a patient or resident is suffering from a communicable disease related to an emergency declaration. Wolf also vetoed a bill adding additional reporting requirements to certify a natural death, citing fears about a prolonged reporting process amid the rising coronavirus case and death toll.

--Editing by Aaron Pelc.

For a reprint of this article, please contact reprints@law360.com.

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