Public Announcements

     

    CMAA COVID-19 Update

     

    On March 19, 2020, Governor Newsom issued Executive Order N-33-2 (the Order), which directs all individuals living in California to stay home or at their place of residence, except as needed to “maintain continuity of operations of the federal critical infrastructure sectors as outlined in https://www.cisa.gov/critical-infrastructure-sectors.” The Order is found at https://covid19.ca.gov/img/N-33-20.pdf.

    The Order is in effect “until further notice” and is enforceable under California law, including but not limited to, Government Code section 8665, which reads:

    Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.

    Under the Order, the State Public Health Officer “may designate additional sectors as critical in order to protect the health and well-being of all Californians.” The State Public Health Officer has designated a list of “Essential Critical Infrastructure Workers,” which is found at https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf. Notable exemptions relating to the construction industry include:

    • Construction Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)
    • Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, construction material sources, and essential operation of construction sites and construction projects (including those that support such projects to ensure the availability of needed facilities, transportation, energy and communications; and support to ensure the effective removal, storage, and disposal of solid waste and hazardous waste)
    • Workers who support the operation, inspection, and maintenance of essential dams, locks and levees
    • Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, construction material suppliers, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues
    • Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences.
    • Support, such as road and line clearing, to ensure the availability of needed facilities, transportation, energy and communications Support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and hazardous waste.
    • Operational staff at water authorities
    • Operational staff at community water systems
    • Operational staff at wastewater treatment facilities
    • Workers repairing water and wastewater conveyances and performing required sampling or monitoring
    • Operational staff for water distribution and testing
    • Operational staff at wastewater collection facilities
    • https://www.cisa.gov/sites/default/files/publications/CISA-Guidance-on-Essential-Critical-Infrastructure-Workers-1-20-508c.pdf

       

      Of course, COVID-19 and the corresponding response by our local, state and federal government are rapidly developing. All CMAA members are encouraged to closely review and monitor the Order (and all related updates and guidance) and consult your employment, tax, and/or legal professionals on the impacts to your business.

    Laurence Phillips, Government Affairs, CMAA Chair