Updated: June 18, 2020
9th SUPPLEMENTARY EMERGENCY PROCLOMATION
Governor Ige issued a Ninth Supplementary Proclamation extending the statewide emergency through July 31. The order does not address reopening of businesses but it (i) lifts the quarantine requirement for inter-island travelers (beginning June 16); (ii) leaves in place the quarantine requirement for out-of-state travelers; (iii) imposes criminal liability for those hosting out-of-state travelers; (iv) extends the eviction moratorium through July; and (v) eliminates certain prohibitions on outdoor activities.
Updated: June 10, 2020
8th SUPPLEMENTARY EMERGENCY PROCLAMATIONS
Executive Summary
On May 18, the Governor issued an Eighth Supplementary Order by which the Governor amends and restates “all prior proclamations and executive orders.” The Order invokes the “Act with Care” Order which requires all persons within the State to stay at home “except as necessary to maintain continuity of operations of the federal critical infrastructure sectors, as set forth in Exhibit B attached hereto, and as further designated below or by the Director of HIEMA.” The Act with Care Order provides that all businesses not identified in the CISA List (v3.0) or designated by the Director of HIEMA or otherwise identified in the Order may not operate.
In addition to the current CISA List of critical infrastructure, the 8th Order uses a color-coded system for phases of re-opening called “Beyond Recovery: Reopening Hawai’i.” The Act with Care Order uses this four-phase approach to reopening Hawaii, with each phase given a particular name and color. Hawaii is currently in Phase 2, which is coded orange and called “Act with Care.” Phase 2 will start with the reopening of medium-risk businesses and operations, then move to high-risk businesses and operations. Telework should be continued, where possible. The specific timing of reopening certain businesses and operations will be left to county mayors, with approval from the Governor.
Summary of Order
The following businesses and operations are allowed to reopen as part of Phase 2 “Act with Care” beginning in June:
- Open with physical distancing and safe practices:
- Accommodations
- Auto dealerships, car washes
- Childcare
- Educations facilities (K-12, higher)
- Indoor gathering places, including places of worship
- Indoor exercise facilities, including gyms and fitness centers
- Manufacturing, construction
- Museums, theaters
- Office settings
- Personal services
- Restaurants
- Retail & repair
- Shopping malls
- Open with adjusted safe practices:
- Agriculture, non-food
- Healthcare, social assistance, government
- Outdoor spaces
- Closed:
- Large venues, bars, clubs
Social Distancing Requirements
- All persons are encouraged to wear a cloth face covering
- All persons shall maintain a minimum six-feet of physical separation from all other persons to the fullest extent possible
- Business/operations shall designate with signage, tape, or by other means
- Each business facility/operation shall determine the maximum number of customers that may be accommodated while maintaining social distancing
Updated: May 5, 2020
7th SUPPLEMENTARY EMERGENCY PROCLOMATION
Executive Summary
Hawaii Governor David Y. Ige issued a seventh supplementary emergency proclamation that shifts Hawaii to a “Safer at Home” state and authorizes the first group of businesses to reopen as of May 7, 2020. Retail businesses, such as car washes, pet groomers, and shopping malls, may reopen provided they follow specific safety and social distancing guidelines. The State will unveil a color-coded system for phases of re-opening.
Summary of Order
The following businesses and operations can re-open starting May 7, 2020:
- Agriculture (non-food), such as landscape, ornamental plant growers, and nurseries
- Auto dealerships
- Car washes
- Childcare services, licensed or authorized under the law
- Pet grooming services
- Observatories and support facilities
- Retail and repair services, such as apparel, florists, watch and surfboard repair
- Retail does not reopen in City and County of Honolulu until May 15
- Retail and most repair will not re-open in Maui County
- Shopping malls, limited to retail and repair services
- Shopping malls not reopening in Maui County
All counties must obtain the Governor’s approval, or the approval of the Director of Hawaii Emergency Management Agency, prior to issuing any emergency order, rule, or proclamation. All beaches remain closed.
Social Distancing Requirements
- All persons are encouraged to wear a cloth face covering
- All persons shall maintain a minimum six-feet of physical separation from all other persons to the fullest extent possible
- Business/operations shall designate with signage, tape, or by other means
- Each business facility/operation shall determine the maximum number of customers that may be accommodated while maintaining social distancing
Updated: April 25, 2020
Hawaii Governor David Y. Ige issued a sixth supplementary order amending and restating prior proclamations and executive orders related to the COVID-19 emergency, and extending the stay-at-home order across the state through May 31. The Hawaii Executive Order requires all citizens living within the State to stay at home except as allowed in the Order, and requires all businesses and operations in the State, except “Essential Businesses and Operations,” to cease all activities. Generally, the Order states it is intended to encompass the CISA Essential Critical Infrastructure list; however, the Order goes into greater detail by providing a more detailed listing of Essential Businesses and Operations than provided in the CISA list. Essential Businesses and Operations must take proactive measures to ensure compliance with social distancing requirements.
EXECUTIVE ORDER IN RESPONSE TO COVID-19
(COVID-19 EXECUTIVE ORDER)
Executive Summary
The Hawaii Executive Order requires all citizens living within the State to stay at home except as allowed in the Order, and requires all businesses and operations in the State, except “Essential Businesses and Operations,” to cease all activities. Generally, the Order states it is intended to encompass the CISA Essential Critical Infrastructure list; however, the Order goes into greater detail by providing a more detailed listing of Essential Businesses and Operations than provided in the CISA list. Essential Businesses and Operations must take proactive measures to ensure compliance with social distancing requirements.
Summary of Order
- Issued on March 23, 2020, Effective as of March 25, 2020 at 12:01am
- Terminates on April 30, 2020 at 11:59pm
- All businesses and operations in the State, except Essential Businesses and Operations are required to cease all activities within the State.
- All Essential Businesses and Operations are encouraged to remain open; however, such business may only continue to operate in-person to the extent that workers cannot work through remote technology.
- The definition of Essential Businesses and Operations is intended to encompass the CISA Essential Critical Infrastructure list, but also includes the following to the extent not included on the CISA Essential Critical Infrastructure list:
- Healthcare services and facilities
- Stores that sell groceries and medicine
- Food, beverage, and cannabis production and agriculture
- Organizations that provide charitable and social services
- Media
- Gas stations and business needed for transportation
- Financial institutions
- Hardware and supply stores
- Critical trades (building and construction tradesman, including plumbers, electricians, HVAC, moving and relocation services).
- Mail, post, shipping, logistics, delivery, and pick-up services
- Educational institutions (for purposes of distance learning)
- Laundry services
- Restaurants for consumption off-premises
- Supplies to work from home
- Supplies for Essential Business Operations (Businesses that sell, manufacture, or supply other Essential Businesses and Operations)
- Transportation
- Home-based care and services
- Residential facilities and shelters
- Professional Services
- Day care centers for employees of Essential Businesses and Operations
- Manufacture, distribution, and supply chain for critical products and industries.
- Critical labor union functions
- Hotels and motels
- Funeral services
- Government Services
Social Distancing Requirements
- Essential Businesses and Operations and businesses engaged in Minimum Basic Operations must take proactive measures to ensure compliance with Social Distancing Requirements, including:
- Designate six-foot distances.
- Having hand sanitizer and sanitizing products readily available for employees and customers.
- Implementing separate operating hours for elderly and vulnerable customers.
- Posting online whether a facility is open and how best to reach the facility and continue services by phone or remotely.
Enforcement
Any person who intentionally or knowingly violates any provision of the Order shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.
CISA List
Critical infrastructure sectors listed in CISA guidance (check list at link above for detailed list of worker functions):
- Healthcare / Public Health
- Law Enforcement, Public Safety, and Other First Responders
- Food and Agriculture
- Energy — Natural Gas, Natural Gas Liquids (NGL), Propane, and Other Liquid Fuels
- Water and Wastewater
- Transportation and Logistics
- Public Works and Infrastructure Support Services
- Communications and Information Technology
- Other Community- or Government-Based Operations and Essential Functions
- Critical Manufacturing
- Hazardous Materials
- Financial Services
- Chemical
- Defense Industrial Base
- Commercial Facilities
- Residential/Shelter Facilities and Services
- Hygiene Products and Services