The global effect of the Coronavirus disease (COVID-19) is still unknown, and the progress of many large-scale construction projects has been affected by “Shelter in Place” orders, although some states and localities have classified construction projects as “essential.” Just last Friday, New York shut down all construction, with few exceptions.
Maryland Governor mandates the closure of all nonessential businesses to combat COVID-19 stopping short of implementing a “shelter-in-place” order. Willful violation of the order can result in both imprisonment of up to one year and a fine of up to $5,000. In “Maryland Extends COVID-19 Closures to Nonessential Businesses,” colleagues Brian E. Finch and Stephanie T. Rosenberg note that while businesses must be closed to the general public, staff access is permitted for purposes specified in interpretive guidance No. COVID19-06 (i.e., maintaining essential property).
In New Jersey, local mandates and regulations regarding COVID-19 are prohibited by New Jersey Executive Order No. 108. This represents a significant diversion from other states badly hit by COVID-19, including New York and California. In “New Jersey State and Local COVID-19 Orders,” colleagues Brian E. Finch, Margaret Beale-Wirsing and Michelle A. Herrera address that companies doing business in New Jersey should reference the State’s uniform response to COVID-19 and be aware that the uniform response may have a disparate impact on different geographical regions.
On March 13, 2020, Wyoming Governor Mark Gordon signed House Bill 74 (HB 74) into law. After the Governor signed HB 74, it became House Enrolled Act 60. HEA 60 allows utilities and other power plant owners to replace retiring coal and natural gas electric generation plants with small modular nuclear reactors (SMRs).
In a letter ruling published March 16, 2020, the Tennessee Department of Revenue concluded that a contractor’s purchase of materials and equipment for use in the construction and installation of a new steam production facility at a federally owned manufacturing plant was exempt from Tennessee sales and use tax. Tenn. Letter Rul. No. 20-02 (issued Feb. 10, 2020).
The SEC has provided conditional regulatory relief regarding filing deadlines and has issued guidance regarding annual meetings to assist public companies impacted by COVID-19. In “COVID-19: Q&A for Public Companies,” colleagues Davina K. Kaile, Gabriella A. Lombardi, Christina F. Pearson and Stanton D. Wong addresses some of the most frequently asked questions of public companies on how to navigate the challenges posed by COVID-19.
California Governor Gavin Newsom has declared a state of emergency and, pursuant to his broad authority under the California Emergency Services Act and other statutory provisions, has issued Executive Orders suspending or modifying the effect of certain state statutes and regulation in response to COVID-19, and authorizing the commandeering of property needed for the response. In “California Executive Power and Industrial Facilities in the Wake of COVID-19,” colleagues Michael S. McDonough and Christopher W. Smith provide an overview of the recent updates and rulings on California’s facilities and operations.
As part of Pillsbury’s around-the-clock coverage of how the coronavirus pandemic is impacting the construction and real estate industry, colleagues Tom Van Wyngarden and Stephanie Angkadjaja offer key takeaways on OSHA’s guidance specific to the COVID-19 pandemic in “Workplace Safety in the Midst of a Pandemic.”
On March 15, 2020, the Center for Disease Control and Prevention (CDC) issued formal guidance to combat the spread of the coronavirus by recommending against gatherings of 50 or more people for the next eight weeks (CDC guidance), which includes nearly every office building in America. Thus, began the most significant work from home experiment this country has ever seen. Continue reading