NO OFFICE OF THE GOVERNOR 19 FY 19/20 · March 24, 202•---- DATE_______ AN ORDER REGARDING ESSENTIAL BUSINESSES AND OPERA TIO NS WHEREAS, I proclaimed a state of emergency on March 15, 2020 to authorize the use of emergency powers in order to expand and expedite the State's response to the serious health and safety risks of COVID-19; and WHEREAS, Executive Order No. 14 FY 19/20 dated March 18, 2020 restricted certain social gatherings and certain use of restaurants and bars, and strongly recommended use of social distancing to reduce the transmission ofCOVID-19, which is highly contagious; and WHEREAS, the Maine Center for Disease Control and Prevention advises that additional social distancing measures are warranted to slow the spread of this life-threatening virus in order to save lives and improve the ability of the health care system to respond; and WHEREAS, a governor's emergency powers expressly include the authorities to: a. Control the movement of persons and occupancy of premises within the State pursuant to 37-B M.R.S. §742(1)(C)(8); b. Enlist the aid of any person to assist in the effort to control the emergency and aid in the caring for the safety of persons pursuant to 37-B M.R.S. §742(1)(C)(5) and 37-B M.R.S. §827; c. Utilize all available resources of the State as reasonably necessary to cope with the emergency pursuant to 37-B M.R.S. §742(1)(C)(2); and d. Take whatever action is necessary to mitigate a danger that may exist within the State pursuant to 37-B M.R.S. §742(1)(C)(12); NOW, THEREFORE, I, Janet T. Mills, Governor of the State of Maine, pursuant to 37-B M.R.S. Ch. 13, including but not limited to the provisions referenced above, do hereby Order as follows: I. EFFECTIVE DATE This Order takes effect at 12:01 AM on March 25, 2020 and terminates at 12:00 AM on April 8, 2020 unless amended, rescinded or renewed. 1 _ II. ORDERS A. BUSINESSES AND OPERATIONS COVERED BY THIS ORDER For purposes of this Order, covered businesses include any for-profit, non-profit, or entities, regardless of the nature of the service, the function it performs, or its corporate or entity structure and their operations. B. ACTIVITIES OF ESSENTIAL BUSINESSES AND OPERATIONS All Essential Businesses and Operations shall continue their activities consistent with the guidance on social distancing set for the below. For purposes of this Order, Essential Businesses and Operations are those: 1. Identified by the United States Department of Homeland Security, Cybersecurity & Infrastructure Security Agency Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response dated March 19, 2020. A copy thereof is attached and incorporated herein by this reference; and 2. In addition or for clarity here in Maine, include the following: food processing and agriculture; fishing and aquaculture; industrial manufacturing; construction and maintenance of essential infrastructure; trash collection and transfer stations; grocery ·and household goods (including convenience stores); forest products; essential home repair, hardware and auto repair; pharmacy and other medical, psychiatric, and long-term care facilities; group homes and residential treatment facilities; biomedical, life science, behavioral health, health care, dental care, and long-term services and supports providers and organizations; child care providers; post offices and shipping outlets; banks and credit unions; gas stations and laundromats; veterinary clinics, animal welfare and animal . feed and supply stores; truck delivery and distribution of goods; public transportation; legal, business, professional, environmental permitting and insurance services; hotel and commercial lodging; and all utilities such as electricity, water, wastewater, and telecommunications. Essential Businesses and Operations shall to maximum extent practicable have their employees work remotely and otherwise comply with social distancing requirements set forth below, including maintaining six-foot social distancing for both employees and members of the public at all times, including but not limited to, when customers are standing in line. As urged in Maine Center for Disease Control and Prevention guidance on March 15, 2020, non-urgent medical and dental procedures, elective surgeries, and appointments should be postponed based on consultations between individuals and providers; the use of telehealth and telephone consultation is strongly encouraged. 2 C. ACTIVITIES OF NON-ESSENTIAL BUSINESS AND OPERATIONS All Non-Essential Businesses and Operations must cease activities at sites that are public facing and thereby allow customer, vendor or other in-person contact; or are at sites that require more than 10 workers to convene in space where social distancing is not possible. Non-Essential Businesses and Operations may continue those activities that: 1. do not allow customer, vendor or other visitor in-person contact; 2. do not require more than 10 workers to convene in space where social distancing is not possible; and 3. are facilitated to the maximum extent practicable by employees working remotely. Such permitted activities may include taking orders by phone, email or other remote means and preparing such orders by delivery; maintaining the value of the business's inventory; preserving the condition of the business's physical plant and equipment; ensuring security; and processing payroll, employee benefits and related functions. For clarity, Non-Essential Business and Operations include, but are not limited to, shopping malls, theaters, casinos, fitness and exercise gyms, spas, barber shops, hair salons, tattoo and piercing parlors, parlors, massage facilities, nail technicians, cosmetologists and estheticians, electrolysis services, laser hair removal services, and similar personal care and treatment facilities and services. D. SOCIAL DISTANCING REQIDREMENTS FOR ALL BUSINESSES Businesses covered by this Order, especially "big box" stores that attract more people, shall make all best efforts to implement and actively enforce social distancing requirements in and around their facilities including but not limited to: III. 1. Designate with signage, tape, or by other means six-foot spacing for employees and customers in line to maintain appropriate distance; 2. Have hand sanitizer and sanitizing products readily available for employees and customers; 3. Implement separate operating hours for elderly and vulnerable customers; and 4. Post online whether a facility is open and how best to reach the facility and continue services by phone or remotely. EXECUTIVE 14 FY 19/20 CONTINUED Executive 14 FY 19/20 dated March 18, 2020, restricting certain gatherings of more than 10 people and closure of certain services by restaurants and bars is hereby renewed and extended to apply until April 8, 2020 unless otherwise directed. 3 IV. INTERPRETATION The Department of Economic and Community Development is designated as the lead agency for addressing questions regarding the interpretation and application of this Order. V. ENFORCEMENT This Order may be enforced by any governmental department or official that regulates licenses, permits or any other authorization to operate a business or occupy a building. A violation of this Order may be construed a violation of any such license, permit and other authorization to which pertinent penalties may be assessed. This Order may also pursuant to 37-B M.R.S. Section 786 be enforced by law enforcement if necessary. Governor 4 U.S. Departmentof Homeland Security Cybcrsccurity& Infrastructure SecurityAgency Office of the Director Washington,DC 20528 ,r,"'~-"'<'", CISA ! \ CYBER+INFRASTRUCTURE ,,,.,!J}? ~JJ,/ March 19, 2020 MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE FROM: As the Nation comes together to slow the spread of COVID-19, on March 161h,the President issued updated Coronavirus Guidance for America. This guidance states that: "Ifyou work in a critical infrastructure industry, as defined by the Department of Homeland Security, such as healthcare services and pharmaceutical and food supply, you have a special responsibility to maintain your normal work schedule. " The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security's responsibilities as assigned under the Homeland Security Act of 2002 to provide strategic guidance, promote a national unity of effort, and coordinate the overall federal effort to ensure the security and resilience of the Nation's critical infrastructure. CISA uses trusted partnerships with both the public and private sectors to deliver infrastructure resilience assistance and guidance to a broad range of partners. In accordance with this mandate, and in collaboration with other federal agencies and the private sector, CISA developed an initial list of"Essential Critical Infrastructure Workers" to help State and local officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. The list can also inform critical infrastructure community decision-making to determine the sectors, sub-sectors, segments, or critical functions that should continue normal operations, appropriately modified to account for Centers for Disease Control (CDC) workforce and customer protection guidance. The attached list identifies workers who conduct a range of operations and services that are essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing management functions, among others. The industries they support represent, but are not necessarily limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, and public works. We recognize that State, local, tribal, and territorial governments are ultimately in charge of implementing and executing response activities in communities under their jurisdiction, while the Federal Government is in a supporting role. As State and local communities consider COVID-19-related restrictions, CISA is offering this list to assist prioritizing activities related to continuity of operations and incident response, including the appropriate movement of critical infrastructure workers within and between jurisdictions. Accordingly, this list is advisory in nature. It is not, nor should it be considered to be, a federal directive or standard in and of itself. In addition, these identified sectors and workers are not intended to be the authoritative or exhaustive list of critical infrastructure sectors and functions that should continue during the COVID-19 response. Instead, State and local officials should use their own judgment in using their authorities and issuing implementation directives and guidance. Similarly, critical infrastructure industry partners will use their own judgment, informed by this list, to ensure continued operations of critical infrastructure services and functions. All decisions should appropriately balance public safety while ensuring the continued delivery of critical infrastructure services and functions. CISA will continue to work with you and our partners in the critical infrastructure community to update this list as the Nation's response to COVID-19 evolves. We also encourage you to submit how you might use this list so that we can develop a repository of use cases for broad sharing across the country. Should you have questions about this list, please contact CISA at CISA.CAT@cisa.dhs.gov. Attachment: "Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response" 2 Essential Critical Infrastructure Workforce HEALTHCARE/ PUBLIC HEALTH • Workers providing COVID-19 testing; Workers that perform critical clinical research needed for COVID-19 • Caregivers (e.g., physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, social workers, speech pathologists and diagnostic and therapeutic technicians and technologists) • Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians, respiratory therapists, etc.) • Workers in other medical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community response Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Organ Pharmacies, Procurement Organizations, Psychiatric Residential, Rural Health Clinics and Federally Qualified Health Centers) • Manufacturers, technicians, logistics and warehouse operators, and distributors of medical equipment, personal protective equipment (PPE), medical gases, pharmaceuticals, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products • Public health/ community health workers, including those who compile, model, analyze and communicate public health information • Blood and plasma donors and the employees of the organizations that operate and manage related activities • Workers that manage health plans, billing, and health information, who cannot practically work remotely • Workers who conduct community-based public health functions, conducting epidemiologic surveillance, compiling, analyzing and communicating public health information, who cannot practically work remotely • Workers performing cybersecurity functions at healthcare and public health facilities, who cannot practically work remotely • Workers conducting research critical to COVID-19 response • Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions, who cannot practically work remotely • Workers who support food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, such as those residing in shelters • Pharmacy employees necessary for filling prescriptions • Workers performing mortuary services, including funeral homes, crematoriums, and cemetery workers • Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to mentaljbehavioral health services to the family members, responders, and survivors of an incident Essential Critical Infrastructure Workforce LAW ENFORCEMENT, PUBLIC SAFETY, FIRST RESPONDERS • Personnel in emergency management, law enforcement, Emergency Management Systems, fire, and corrections, including front line and management • Emergency Medical Technicians • 911 call center employees • • • FusionCenter employees Hazardous material responders from government and the private sector. Workers - including contracted vendors - who maintain digital systems infrastructure supporting law enforcementand emergencyserviceoperations. FOOD AND AGRICULTURE • Workers supporting groceries, pharmacies and other retail that sells food and beverage products • Restaurant carry-out and quick serve food operations - Carry-out and delivery food employees • Food manufacturer employees and their supplier employees-to include those employed in food processing (packers, meat processing, cheese plants, milk plants, produce, etc.) facilities; livestock, poultry, seafood slaughter facilities; pet and animal feed processing facilities; human food facilities producing by-products for animal food; beverage production facilities; and the production of food packaging • Farm workers to include those employed in animal food, feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribution of veterinary drugs; truck delivery and transport; farm and fishery labor needed to produce our food supply domestically • Farm workers and support service workers to include those who field crops; commodity inspection; fuel ethanol facilities; storage facilities; and other agricultural inputs • Employees and firms supporting food, feed, and beverage distribution, including warehouse workers, vendormanaged inventory controllers and blockchain managers • Workers supporting the sanitation of all food manufacturing processes and operations from wholesale to retail • Company cafeterias - in-plant cafeterias used to feed employees • Workers in food testing labs in private industries and in institutions of higher education • Workers essential for assistance programs and government payments • Employees of companies engaged in the production of chemicals, medicines, vaccines, and other substances used by the food and agriculture industry, including pesticides, herbicides, fertilizers, minerals, enrichments, and other agricultural production aids • Animal agriculture workers to include those employed in veterinary health; manufacturing and distribution of animal medical materials, animal vaccines, animal drugs, feed ingredients, feed, and bedding, etc.; transportation of live animals, animal medical materials; transportation of deceased animals for disposal; raising of animals for food; animal production operations; slaughter and packing plants and associated • Workers who support the manufacture and distribution of forest products, including, but not limited to timber, • paper, and other wood products Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary to regulatory and government workforce agricultural production and distribution Essential Critical Infrastructure Workforce ENERGY Electricityindustry: • Workers who maintain, ensure, or restore the generation, transmission, and distribution of electric power, including call centers, utility workers, reliability engineers and fleet maintenance technicians • Workers needed for safe and secure operations at nuclear generation • • Workers at generation, transmission, and electric blackstart facilities Workers at Reliability Coordinator (RC), Balancing Authorities (BA), and primary and backup Control Centers (CC), including but not limited to independent system operators, regional transmission organizations, and balancing authorities • • Mutual assistancepersonnel IT and OT technology staff - for EMS (Energy Management Systems) and Supervisory Control and Data Acquisition (SCADA)systems, and utility data centers; Cybersecurity engineers; cybersecurity risk management • Vegetation management crews and traffic workers who support • Environmental remediation/monitoring technicians • Instrumentation, protection, and control technicians Petroleumworkers: • Petroleum product storage, pipeline, marine transport, terminals, rail transport, road transport • Crude oil storage facilities, pipeline, and marine transport • • Petroleum refinery facilities Petroleum security operations center employees and workers who support emergency response services • • Petroleum operations control rooms/centers Petroleum drilling, extraction, production, processing, refining, terminal operations, transporting, and retail for • Onshore and offshore operations for maintenance and emergency response • Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them use as end-use fuels or feedstocks for chemical manufacturing Naturaland propanegasworkers: • Natural gas transmission and distribution pipelines, including compressor stations • Underground storage of natural gas • Natural gas processing plants, and those that deal with natural gas liquids • • Liquefied Natural Gas (LNG) facilities Natural gas security operations center, natural gas operations dispatch and control rooms/centers natural gas emergency response and customer emergencies, including natural gas leak calls • Drilling, production, processing, refining, and transporting natural gas for use as end-use fuels, feedstocks for chemical manufacturing, or use in electricity generation • Propane gas dispatch and control rooms and emergency response and customer emergencies, including propane leak calls • Propanegas servicemaintenanceand restoration,includingcall centers Essential Critical Infrastructure Workforce • Processing, refining, and transporting natural liquids, including propane gas, for use as end-use fuels or feedstocks for chemical manufacturing • Propanegas storage,transmission,and distributioncenters WATER AND WASTEWATER Employees needed to operate and maintain drinking water and wastewater/drainage infrastructure, including: • 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 • Operational staff and technical support for SCADAControl systems • Chemical disinfectant suppliers for wastewater and personnel protection • Workers that maintain digital systems infrastructure supporting water and wastewater operations TRANSPORTATION • AND LOGISTICS Employees supporting or enabling transportation functions, including dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, and workers that maintain and inspect infrastructure (including those that require cross-border travel) • Employees of firms providing services that enable logistics operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use. • • • Mass transit workers Workers responsible for operating dispatching passenger, commuter and freight trains and maintaining rail infrastructure and equipment Maritime transportation workers - port workers, mariners, equipment operators • Truck drivers who haul hazardous and waste materials to support critical infrastructure, capabilities, functions, • Automotive repair and maintenance facilities • Manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and and services distribution operations • Postal and shipping workers, to include private companies • Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers • Airtransportationemployees,includingair traffic controllers,ramp personnel,aviationsecurity,and aviation • management Workers who support the maintenance and operation of cargo by air transportation, including flight crews, maintenance, airport operations, and other on- and off- airport facilities workers Essential Critical Infrastructure Workforce PUBLIC WORKS • 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 criticalor strategicinfrastructure,traffic signalmaintenance,emergencylocationservicesfor buriedutilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues • • Workerssuch as plumbers,electricians,exterminators,and other serviceproviderswho provideservicesthat are necessaryto maintainingthe safety, sanitation,and essentialoperationof 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 COMMUNICATIONS AND INFORMATION TECHNOLOGY Communications: • Maintenance of communications infrastructure- including privately owned and maintained communication systems- supported by technicians, operators, call-centers, wireline and wireless providers, cable service providers, satellite operations, undersea cable landing stations, Internet Exchange Points, and manufacturers and distributors of communications equipment • Workers who support radio, television, and media service, including, but not limited to front line news reporters, studio, and technicians for newsgathering and reporting • Workers at Independent System Operators and Regional Transmission Organizations, and Network Operations staff, engineers and/or technicians to manage the network or operate facilities • Engineers, technicians and associated personnel responsible for infrastructure construction and restoration, including contractors for construction and engineering of fiber optic cables • Installation, maintenance and repair technicians that establish, support or repair service as needed • Central office personnel to maintain and operate central office, data centers, and other network office facilities • Customer service and support staff, including managed and professional services as well as remote providers of support to transitioning employees to set up and maintain home offices, who interface with customers to manage or support service environments and security issues, including payroll, billing, fraud, and troubleshooting • Dispatchers involved with service repair and restoration InformationTechnology: • Workers who support command centers, including, but not limited to Network Operations Command Center, Broadcast Operations Control Center and Security Operations Command Center • Data center operators, including system administrators, HVAC& electrical engineers, security personnel, IT managers, data transfer solutions engineers, software and hardware engineers, and database administrators • Client service centers, field engineers, and other technicians supporting critical infrastructure, as well as Essential Critical Infrastructure Workforce manufacturers and supply chain vendors that provide hardware and software, and information technology equipment (to include microelectronics and semiconductors) for critical infrastructure • Workers responding to cyber incidents involving critical infrastructure, including medical facilities, SLTT governments and federal facilities, energy and utilities, and banks and financial institutions, and other critical • Workers supporting the provision of essential global, national and local infrastructure for computing services (incl. cloud computing services), business infrastructure, web-based services, and critical manufacturing Workers supporting communications systems and information technology used by law enforcement, public safety, medical, energy and other critical industries Support required for continuity of services, includingjanitorialjcleaning personnel infrastructure categories and personnel • • OTHER COMMUNITY-BASED FUNCTIONS • • • • • • • • • • • • GOVERNMENT OPERATIONS AND ESSENTIAL Workers to ensure continuity of building functions Security staff to maintain building access control and physical security measures Elections personnel Federal, State, and Local, Tribal, and Territorial employees who support Mission Essential Functions and communicationsnetworks Trade Officials (FTA negotiators; international data flow administrators) Weather forecasters Workers that maintain digital systems infrastructure supporting other critical government operations Workers at operations centers necessary to maintain other essential functions Workers who support necessary credentialing, vetting and licensing operations for transportation workers Customs workers who are critical to facilitating trade in support of the national emergency response supply chain Educators supporting public and private K-12 schools, colleges, and universities for purposes of facilitating distance learning or performing other essential functions, if operating under rules for social distancing Hotel Workers where hotels are used for COVID-19 mitigation and containment measures CRITICAL MANUFACTURING • Workers necessary for the manufacturing of materials and products needed for medical supply chains, transportation, energy, communications, food and agriculture, chemical manufacturing, nuclear facilities, the operation of dams, water and wastewater treatment, emergency services, and the defense industrial base. HAZARDOUS MATERIALS • • • Workers at nuclear facilities, workers managing medical waste, workers managing waste from pharmaceuticals and medical material production, and workers at laboratories processing test kits Workers who support hazardous materials response and cleanup Workers who maintain digital systems infrastructure supporting hazardous materials management operations Essential Critical Infrastructure Workforce FINANCIAL SERVICES • • • Workers who are needed to process and maintain systems for processing financial transactions and services (e.g., payment, clearing, and settlement; wholesale funding; insurance services; and capital markets activities} Workers who are needed to provide consumer access to banking and lending services, including ATMs, and to move currency and payments (e.g., armored cash carriers} Workers who support financial operations, such as those staffing data and security operations centers CHEMICAL • • • • • Workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives, pharmaceuticals, textiles, and paper products. Workers supporting the safe transportation of chemicals, including those supporting tank truck cleaning facilities and workers who manufacture packaging items Workers supporting the production of protective cleaning and medical solutions, personal protective equipment, and packaging that prevents the contamination of food, water, medicine, among others essential products Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/ or sites that cannot be shut down} whose work cannot be done remotely and requires the presence of highly trained personnel to ensure safe operations, including plant contract workers who provide inspections Workers who support the production and transportation of chlorine and alkali manufacturing, single-use plastics, and packaging that prevents the contamination or supports the continued manufacture of food, water, medicine,and other essential products,includingglasscontainermanufacturing DEFENSE INDUSTRIAL BASE • • Workers who support the essential services required to meet national security commitments to the federal government and U.S. Military. These individuals, include but are not limited to, aerospace; mechanical and software engineers, manufacturing/production workers; IT support; security staff; security personnel; intelligence support, aircraft and weapon system mechanics and maintainers Personnel working for companies, and their subcontractors, who perform under contract to the Department of Defense providing materials and services to the Department of Defense, and government-owned/contractoroperated and government-owned/government-operated facilities