GOVERNOR DOUGLAS A. DUCEY

STATE OZARIZONA
0RD

Executive Order 2020-12

 

 

 

 

 

 




 

 

 

PROHIBITING THE CLOSURE 0F ESSENTIAL SERVICES

WHEREAS, both the state of Arizona and the federal government have declared a public health
emergency to address the 2019 novel Coronavirus and

WHEREAS, the President of the United States has declared a national emergency due to both
the health and economic implications of the virus; and

WHEREAS, the disease caused by COVID-IQ is contagious and can be fatal, resulting in the
World Health Organization declaring it a global pandemic; and

WHEREAS, the State of Arizona has experienced community spread of COVE-19 in multiple
counties as it continues to spread across the country and the state, posing an increasing threat to
public health and having a devastating impact on the economy; and

WHEREAS, on March 16, 2020, the United States Centers for Disease Control and Prevention
issued updated guidance reconunending that individuals avoid social gatherings of more than 10
people and use drive~thru, pickup, or delivery options at restaurants and bars to slow the spread
of the disease; and

WHEREAS, a number of states and local governments throughout the nation have taken action
to restrict the movement of individuals from their homes in an effort to prevent the spread of the
disease; and

WHEREAS, such orders require ?rst responders and other governmental of?cials to enforce
such orders at a time when such personnel are needed to ensure the safety and security of our
communities; and

WHEREAS, while of?cials work to prevent the spread of it is also necessary to
ensure that essential services continue to be provided and are available to the population to
ensure the health, safety and welfare of every person; and

WHEREAS, action is necessary in order to ensure continuity of operations throughout the State
that support the efforts to prevent, mitigate and respond to COVID- 9.

NOW, THEREFORE, 1, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the
authority vested in me by the Constitution and laws of this state, hereby order as follows:

1. No county, city or town may make or issue any order, rule or regulation that restricts or
prohibits any person from performing any function designated by either the Governor, the
Director of the Arizona Department of Health Services, or the Division of Emergency
Management as an essential function during the public health emergency.

2. Any order restricting persons from leaving their home due to the public health
emergency issued by a county, city or town shall be consistent with advice from the Arizona
Department of Health Services. Any such restrictions shall be coordinated with the State prior to
issuance.

3. An essential function is de?ned as one speci?cally identified as such or a function that
promotes the public health, safety and welfare of the state or assists others in ful?lling such
functions. The following includes categories of essential functions and shall include but not be
limited to:

a. Healthgare and Public Health Operations: includes but is not limited to:
hospitals; clinics; dental of?ces; pharmacies; public health entities, including those
that compile, model, analyze and communicate public health information;
pharmaceutical, pharmacy, medical device and equipment, and biotechnology
companies (including operations, research and development, manufacture and Supply
chain); organizations collecting blood, platelets, plasma, and other necessary
materials, care centers, including those that sell glasses and contact lenses; home
healthcare services providers; mental health and substance use providers; other
healthcare facilities and suppliers; providers of any related andfor ancillary healthcare
services; entities that transport and dispose of medical materials and remains;
manufacturers, technicians, logistics and warehouse operators, and distributors of
medical equipment, personal protective equipment. (PPE), medical gases,
pharmaceuticals, blood, platelets and plasma products, vaccines, testing materials,
laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and
tissue and paper towel products; veterinary care and all healthcare services provided
to animals. This includes doctors, nurses and any other classi?cation of medical
personnel necessary to operate those functions in this category. This category of
essential services shall be construed broadly to avoid any impacts to the delivery of
healthcare, broadly de?ned. Healthcare and Public Health Operations does not
include ?tness and exercise gyms.

b. Human Seances izperations: includes but is not limited to: long?term care
facilities; residential settings and shelters for adults, seniors, children andfor people

with developmental disabilities, intellectual disabilities, substance use disorders,
andfor mental illness; transitional facilities; home?based settings to provide services
to individuals with physical, intellectual, orfor developmental disabilities, seniors,
adults, and children; field of?ces that provide and help to determine eligibility for
basic needs including food, cash assistance, medical coverage, child care, vocational
services, rehabilitation services; developmental centers; adoption agencies; businesses
that. provide food, shelter, and social services, and other necessities of life for
economically disadvantaged individuals, individuals with physical, intellectual and/0r
developmental disabilities, or otherwise vulnerable individuals. Human Services
Operations shall be construed broadly to avoid any impacts to the delivery of human
services, broadly defined.

c. Essential Infrastructure Operations: includes but is not limited to: food
production, distributions, and sale; construction (including, but not limited to,
construction required in response to this public health emergency, hospital
construction, construction of long-term care facilities, public works construction, and
housing construction); building management and maintenance; landscape
management; airport operations; operation and maintenance of utilities, including
water, sewer and gas; electrical (including power generations, distribution, and
production of raw materials); distribution centers; oil and biofuel re?ning; roads,
highways, railroads and public transportation; ports; cybersecurity operations; ?ood
control; solid waste and recycling collection and removal; internet, video and
telecommunications systems (including the provision of essential global, national,
and local infrastructure for computing services, business infrastructure
communications and web-based services). Essential Infrastructure shall be construed
broadly to avoid any impacts to essential infrastructure, broadly defined.

d. Essential Governmental includes but is not limited to: park

personnel that provide admission, maintenance and operation of park facilities that
provide outdoor recreation; all ?rst responders, emergency management personnel,
emergency dispatchers and those supportng 911 services; court personnel, law
enforcement and corrections personnel; hazardous materials responders; child
protection and child welfare personnel; housing and shelter perSonnel; military and
other governmental employees working for or to support Essential Businesses and
Operations. Essential Government Functions means all services provided by the State
or any county, city, town or political subdivision thereof and needed to ensure the

continuing operation of the government agencies or to provide for or support the
health, safety and welfare of the public. Essential Government Functions also
includes contractors performing or supporting such functions. Each government body
shall determine its Essential Governmental Functions and ensure a plan is in place for
the perfonnance of these functions. This order does not apply to the United States
government or to a tribal entity, however, any employee, official or contractor of the
United States government shall not be restricted from performing their functions
under law.

e. Essential Businesses and Opgratious: includes but is not limited to
Healtheare and Public Health Operations, Human Services Operations, Essential
Governmental Functions and Essential Infrastructure Operations as well as the
following:

Stores that sell gmgeries and medicine: Grocery stores, pharmacies,
certi?ed farmers? markets, farm and produce stands, supermarkets,

convenience stores, and other establishments engaged in the retail sale of
groceries, canned food, dry goods, ?ozen foods, fresh fruits and vegetables,
pet supplies, fresh meats, fish and poultry, alcoholic and non-alcoholic
beverages, and any other household stores that sell groceries, medicine,
including medication not requiring a medical prescription, and also that sell
other non?grocery products, and products necessary to maintaining the safety,
sanitation and essential operation of residences and Essential Businesses and
Operations.

ii.) Food, beverage and agriculture: Food and beverage manufacniring,
production, processing, and cultivation, including farming, livestock, fishing,
baking; and other production of agriculture, including cultivation, marketing,
production, and distribution of animals and goods for consumption and
businesses that provide food, shelter and other necessities for life for animals,
including animal shelters, rescues, shelters, kennels and adoption facilities.

Outdoor recreation actigities: any outdoor recreation area, park, site Or
trail that provides opportunities for outdoor recreation with social distancing
such as walking, hiking and biking. This includes golf courses if restrictions
on food and beverage service under Executive Order 2020-09 are followed.

iv.) Qrganizations that proyide charitable and social services: Businesses and

religious and secular nonpro?t organizations, including food banks, when
providing food, shelter and social. services and other necessities of life for

economically disadvantaged or otherwise vulnerable individuals who need
assistance as a result of this emergency and people with disabilities-

Media: Newspapers, television, radio and other media services.

vi.) Gm stations and businesses needed for transportation: Gas stations and

autonsupply, auto?repair and related facilities, truck stops, and bicycle shops
and related facilities.

vii.) Financial institutions: Banks, currency exchanges, consumer lenders,
including but not limited to payday lenders, pawnbrokers, consumer
installment lenders and sales ?nance lenders, credit unions, appraisers, title
companies, ?nancial markets, trading and futures exchanges, af?liates of
?nancial institutions, entities that issue bonds, related ?nancial institutions
and institutions selling ?nancial products.

Hardware and supnlv stores: Hardware stores and businesses that sell
electrical, plumbing and heating materials.

in.) Critical trades: Building and Construction Tradesmen and Tradeswotncn
and other trades including but not limited to plumbers, electricians,
exterminators, cleaning and janitorial staff for commercial and governmental
properties, security staff, operating engineers, HVAC, painting, moving and
relocations services, and other service providers who provide services that are
necessary to maintaining the safety, sanitation, and essential operation of
residences, essential activities and essential businesses and operations.

ick-u services: Post of?ces
and other businesses that provide shipping and delivery services, and
businesses that ship or deliver groceries, food, alcoholic and non-alcoholic
beverages, goods or services to end users or through commercial channels.

 

xi.) Educational institutions: Educational institutions-including public and
private pre?K?12 schools, colleges and universities-for purposes of facilitating
distance learning, performing critical research, or performing essential
functions, provided that social distancing of six-feet per person is maintained
to the greatest extent possible. This Executive Order is consistent with and
does not amend or supersede any order by the Governor and Superintendent in
effect to close schools, except that affected schools are ordered closed. through
April 10, 2020.

xii.) Laundg: services: Laundromats, dry cleaners, industrial laundry services
and laundry service providers.

Restaursn? consumption off-premises: Restaurants and other
facilities that prepare and serve food, but only for consumption off-premises,

through such means as in-house delivery, third-party delivery, drive-through,
curbside pick-up and carryout. Schools and other entities that typically
provide food services to students or members of the public may continue to do
so on the condition that the food is provided to students or members of the
public on a pick-up and take away basis only. Schools and other entities that
provide food services under this exemption shall not permit the food to be
eaten at the site where it is provided or at any other gathering site. This order
is consistent with and does not supersede Executive Order 2020-09.

xiv.) Supplies to work frpp; home: Businesses that sell, manufacture, or

supply products needed for people to work from home or conduct distance
learning.

xv.) Suppliss for Essential and Operations: Businesses that sell,
manufacture, or supply other Essential Businesses and Operations with the

support or materials necessary to operate, including computers. audio and
video electronics, household appliances; 1T and telecommunication.
equipment; hardware, paint, ?at glass; electrical, plumbing and heating
material; sanitary equipment; personal hygiene and products; food, food
additives, ingredients and components; medical and orthopedic equipment;
optics and photography equipment; diagnostics, food and beverages,
chemicals, soaps and detergent; ?rearm and ammunition suppliers and
retailers for purposes of safety and security.

xvi.) Transportation: Airlines, taxis, transportation network providers (such as
Uber and Lyft), vehicle rental services, paratransit, and other private, public
and commercial transportation and logistics providers necessary for all
categories of ?Essential Operations? as de?ned in this order.

xvii.) Home-based care and ssrvices: Home-based care for adults, seniors,
children, andror people with developmental disabilities, intellectual
disabilities, substance use disorders, andr'or mental illness, including
caregivers such as nannies who may travel to the child?s home to provide care
and other services including meal delivery.

 Residential facilities and shelters: Residential facilities and shelters for
adults, seniors, children andfor people with developmental disabilities,
intellectual disabilities and substance use disorders andfor mental illness.

xix.) Professional and personal services: Professional services, such as legal

services, accounting services, insurance services, personal hygiene services
with additional sanitiaation precautions as recommended for businesses by the
Arizona Department of Health Services and real estate services (including
appraisal and title services).

xx.) Day care centers for employees exempted by this Executive Order: Day
care centers providing care for individuals serving in any essential services

category.

 

industries: Manufacturing companies, distributors and supply chain companies

producing and supplying essential products and services in and for industries
such as pharmaceutical, technology, biotechnology, healthcare, chemicals and
sanitiaations, waste pickup and disposal, agriculture, food and beverage,
transportations, energy, steel and steel products, petroleum and fuel, mining,
construction, national defense, communications as well as products used by
other Essential Businesses and Operations.

xxii.) Hotels and motels: Hotels and motels, to the extent used for lodging and
delivery or carryout food services.

Funeral services: Funeral, mortuary, cremation, burial, cemetery and
related services.

4. At the Governor?s discretion and in conjunction with the Director of Health Services or
the Division of Emergency Management, categories of essential services or operations may be
added to this list, which will be maintained on the Governor?s website at an it.

5. Nothing in this order is meant to preclude an employer from encouraging, allowing or
requiring an employee to use tel'eworlt as a way to conduct essential operations as long as there is
no interruption in essential services or operations.

6. All state and local agencies shall update their list of essential services to conform with
this Executive Order.

IN WITNESS WHEREOF, I have hereunto set my
hand and caused to be af?xed the Great Seal of the
State of Arizona.

aw.

GOVERNOR
3s 

3' .. .. . DONE at the Capitol in Phoenix on this twenty-
Ft f- third {la}r of March in the Year Two Thousand and

a - Twenty and of the Independence of the United
States of America the Two Hundred and

Forty-Fourth{if-2% 

K. it" "t 
. 

 

ATTEST:

 

Secretary of 'State