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State Updates Essential Business List;
Non Essential Construction Sites Must Now Close


March 27, 2020   02:45 p.m.

    UPDATED GUIDANCE FROM EMPIRE STATE DEVELOPMENT (ESD):

    We are working to keep New York State’s business community up-to-date
    regarding Executive Order 202.6. To slow the spread of the COVID-19 virus,
    businesses were required to reduce their onsite workforce by 100% as of 8 p.m.
    on Sunday, March 22, 2020. Only organizations and entities that are deemed
    essential by the Executive Order are exempt from these restrictions.

    The Executive Order also directed ESD to establish guidance outlining which
    businesses are considered essential. ESD’s guidance has been updated as of
    March 27, 2020. Please note that ESD’s guidance is subject to change as the
    State adapts its response to combating COVID-19.

    Be advised that any previous designation or determination by ESD that a firm is
    an essential business that is inconsistent with the revised guidance is no longer
    valid.

    UPDATED GUIDANCE (SECTIONS WITH CHANGES) – as of 3/27/20

    For purposes of Executive Order 202.6, “Essential Business,” means businesses
    operating in or as:

    5. Essential services including
    ·Bicycle repair

    ·Laundromats and other clothing/fabric cleaning services

    ·Automotive sales conducted remotely or electronically, with in-person
    vehicle return and delivery by appointment only

    9. Construction
    ·All non-essential construction must shut down except emergency
    construction, (e.g. a project necessary to protect health and safety of
    the occupants, or to continue a project if it would be unsafe to allow to
    remain undone until it is safe to shut the site).

    ·Essential construction may continue and includes roads, bridges,
    transit facilities, utilities, hospitals or health care facilities, affordable
    housing, and homeless shelters. At every site, if essential or
    emergency non-essential construction, this includes maintaining social
    distance, including for purposes of elevators/meals/entry and exit. Sites
    that cannot maintain distance and safety best practices must close and
    enforcement will be provided by the state in coordination with the
    city/local governments. This will include fines of up to $10,000 per
    violation.

    ·For purposes of this section construction work does not include a
    single worker, who is the sole employee/worker on a job site.

    Continue to visit esd.ny.gov, where you will find additional COVID-19-related
    business resources, such as Small Business Administration (SBA) loan
    application assistance, FAQs and other information.