This guidance is issued by the New York State Department of Economic Development d/b/a Empire State Development (ESD) and applies to each business location individually and is intended to assist businesses in determining whether they are an essential business. The mission of Empire State Development is to promote a vigorous and growing state economy, encourage business investment and job creation, and support diverse, prosperous local economies across New York State through the efficient use of loans, grants, tax credits, real estate development, marketing and other forms of assistance. What is the purpose of the CAI List? March 25, 2020. Clean, sanitize, and/or disinfect common and work areas; Test run hoists, elevators, cranes, and other equipment; Establish new and multiple entrances/exists to control the movement of personnel and allow for health screening, including temperature taking; Install hand hygiene/wash stations or retrofit existing ones with touchless faucets and dispensers; Install health screening stations or devices at entrances; Affix social distancing, hygiene, and cleaning/disinfection signage, including posters, markers, and directional arrows; Deliver and stockpile personal protective equipment (e.g. https://www.cdc.gov/coronavirus/2019-ncov/, walk-in-care health clinics and facilities, veterinary and livestock medical services, home health care workers or aides for the elderly, nursing homes, residential health care facilities, or congregate care facilities, medical supplies and equipment manufacturers and providers, licensed substance abuse treatment providers, public and private utilities including but not limited to power generation, fuel supply, and transmission, commercial shipping vessels/ports and seaports, transportation infrastructure such as bus, rail, for-hire vehicles, garages. This is a rapidly changing situation and ESD will be updating the resources below to reflect the latest information available. October 2020 Chiefly Speaking Newsletter. On April 9, 2020, Empire State Development (ESD) updated its guidelines by further clarifying and expanding the scope of businesses considered “essential” (Essential Business). 1. Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to: 14. A: The New York State Department of Labor (NYSDOL) Shared Work Program allows businesses to manage business cycles and seasonal adjustments while retaining trained staff and avoiding layoffs. It is constantly being tweaked — a new business type added one day; another clarified the next. Any individual employed by an entity included on the Empire State Development (ESD) Essential Business list; Any individual who: Is employed as a health care worker, first responder, or within a nursing home, long-term care facility or congregate care setting, so long as that individual meets the COVID-19 testing criteria ; The list of essential industries is maintained by Empire State Development, the state’s economic-development branch. The state has outlined what types of businesses are essential.In the spring, though, some had to apply to Empire State Development for essential status. Major changes were made regarding what businesses are considered “essential”, through guidance issued April 9, 2020 by the Empire State Development Corporation. If Empire State Development does not believe that to be the case, a business can bring it to court. 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, but only to the point that it is safe to suspend work). We discuss the key differences between the CAI List and the original essential business list regarding New York on Pause (which may be found here ) below. Full-time, part-time and seasonal employees are eligible. 1. In New York, which is now grappling with the largest COVID-19 outbreak in the U.S., the Empire State Development agency unshackled several real estate activities from an … Description: State Organization: Empire State Development. The updated guidance now includes the following as essential businesses: … Essential health care operations including. Empire State Development (ESD) has released updated guidance on essential businesses that supersedes any guidance released to date. For purposes of Executive Order 202.6, “Essential Business,” shall mean businesses operating in or as: 1. In regions that are not within the first phase of the state's regional reopening plan, use of such sites for the purposes of personal use or operation of boats or other watercraft is permissible, provided that no establishment offer chartered motorized watercraft services or motorized boat rentals. Order, unload, and rough set materials that specialty contractors or subcontractors need to perform work (e.g. He has been involved in SBA 504 lending for over 24 years. All non-essential construction is limited to only staging activities in regions that are not yet within the first phase of the state’s reopening plan, except emergency construction, (e.g. Businesses not on the list can request special designation as essential from Empire State Development. Empire State Development has a long list of industries and occupations that are considered to be "essential," and exempt from the mandate that all employees stay at home. Essential health care operations including: 8. Lawyers may continue to perform all work necessary for any service so long as it is performed remotely.  Any in-person work presence shall be limited to work only in support of essential businesses or services; however, even work in support of an essential business or service should be conducted as remotely as possible. Individuals should consult their state government websites for the most up to date information. Outdoor, low-risk recreational activities are permitted so long as social distancing and cleaning/disinfecting measures are in place: non-motorized boat use and rentals, such as row boats, kayaks, canoes;Â. golf and driving ranges, except miniature (mini) golf, with food and retail services subject to the restrictions that are currently in effect within the region; racket games, such as badminton, pickleball, racquetball; toss/bowl games, such horseshoes, bocce, bean bag toss, croquet; flying disc games, such as disc golf and frisbee; rope courses including aerial rope courses; Drive-in movie theaters so long as social distancing and cleaning/disinfecting measures are in place. FOR GUIDANCE RELATED TO DETERMINING WHETHER A BUSINESS ENTERPRISE IS SUBJECT TO A WORKFORCE REDUCTION UNDER EXECUTIVE ORDER 202. With respect to business or entities that operate or provide both essential and non-essential services, supplies or support, only those lines and/or business operations that are necessary to support the essential services, supplies, or support are exempt from the workforce reduction restrictions.Â. In response, Empire State Development (ESD) issued a separate essential business list for the Cluster Action Initiative (the CAI List), which may be found here. Clarification from Empire State Development: Essential Construction. The Empire State Development Corporation issued guidance late on March 19 about which businesses are determined to be essential. New York State Directory of Small Business Programs. Marinas, boatyards, and recreational marine manufacturers, for ongoing marina operations and boat repair/maintenance, where such facilities adhere to strict social distancing and sanitization protocols. Essential health care operations including: research and laboratory services. Construction G I V E N under my hand and the Privy Seal of the State in the City of Albany this eighteenth day of March in the year two thousand twenty. Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation. hospitals. At every site, it is required that the personnel working on the site maintain an appropriate social distance, including for purposes of elevators/meals/entry and exits.  Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. This guidance is issued by the New York State Department of Economic Development d/b/a Empire State Development and applies to each business location individually and is intended to assist businesses in determining whether they are an essential business and steps to request such designation. . Empire State Digital .  For staging activities, an in-person workforce may be present on-site to: As noted above, local governments, including municipalities and school districts, are allowed to continue construction projects at this time as government entities are exempt from these essential business restrictions. However, to the greatest extent possible, local governments should postpone any non-essential projects and only proceed with essential projects when they can implement appropriate social distancing and cleaning/disinfecting protocols. Essential projects should be considered those that have a nexus to health and safety of the building occupants or to support the broader essential services that are required to fulfill the critical operations of government or the emergency response to the COVID-19 public health crisis. This memo identifies the changes. The Empire State Development Corp. is charged with releasing a full list of businesses by 5 p.m. Thursday, according to the order. The list of essential industries is maintained by Empire State Development, the state's economic-development branch. Additional information from the United States Centers for Disease Control and Prevention can be found at: https://www.cdc.gov/coronavirus/2019-ncov/. A list of frequently asked questions about essential businesses is available on the state Empire State Development website at: https://on.ny.gov/2JzFK5u. Was your business listed as nonessential? ANSWER: An Essential Business is any business providing products or services that are required to maintain the health, welfare and safety of the citizens of New York State. 1. ESSENTIAL BUSINESSES OR ENTITIES, including any for-profit or non-profit, regardless of the nature of the service, the function they perform, or its corporate or entity structure, are not subject to the in-person restriction.  Essential Businesses must continue to comply with the guidance and directives for maintaining a clean and safe work environment issued by the Department of Health (DOH) and every business, even if essential, is strongly urged to maintain social distancing measures to the extent possible. not clients). Tags Coronavirus Thank you for reading . It is constantly being tweaked — a new business … Each state defines essential business in a different manner, including Connecticut and New Jersey. Professional services with extensive restrictions, Pursuant to Executive Order 202.42 and 202.45, all non-essential gatherings of individuals of any size for any reasons (e.g., parties, celebrations, or other social events) are limited to no more than twenty-five (25) or fewer people in regions that have reached Phase Three of reopening, and no more than fifty (50) people in regions that have reached Phase Four of reopening, so long as appropriate social distancing and face covering requirements are followed. For more information: Essential services necessary to maintain the safety, sanitation and essential operations of residences or other businesses including. As you are aware, earlier this week in one upstate region, ESD did expressly recognize pawnbrokers as an essential business. Construction may continue solely with respect to those employees that must be present at the business location/construction site in support of essential business activities. Financial Institutions including. The New York Empire State Development Corporation (“ESDC”) previously issued guidance establishing the categories of businesses and industries that are considered “essential” under Executive Order 202.8. For purposes of Executive Order 202.6, "Essential Business," means: 1. Empire State Development (ESD) continues to update the guidance on essential businesses. Updated Guidance on Essential Businesses. 12. BY THE GOVERNOR . In response, Empire State Development (ESD) issued a separate essential business list for the Cluster Action Initiative (the CAI List), which may be found here. Essential retail including. Empire State Development has a long list of industries and occupations that are considered to be "essential," and exempt from the mandate that all employees stay at home. Please review our Frequently Asked Questions here.Â. ESDC has now modified its original guidance by both adding and removing the “essential business” designation from certain categories of employers, as indicated below. Prior guidance issued by the ESD is now superseded by revised guidelines issued by the ESD yesterday and summarized below. food processing, manufacturing agents including all foods and beverages, sanitary products including personal care products regulated by the Food and Drug Administration (FDA), defense industry and the transportation infrastructure, any parts or components necessary for essential products that are referenced within this guidance, grocery stores including all food and beverage stores, restaurants/bars (but only for take-out/delivery), hardware, appliance, and building material stores, telecommunications to service existing customers and accounts, in regions that are not yet within the first phase of the state's regional reopening plan, delivery for orders placed remotely via phone or online at non-essential retail establishments; provided, however, that only one employee is physically present at the business location to fulfill orders, trash and recycling collection, processing, and disposal, laundromats and other clothing/fabric cleaning services, automotive sales conducted remotely or electronically, with in-person vehicle showing, return, and delivery by appointment only, funeral homes, crematoriums and cemeteries, maintenance for the infrastructure of the facility or to maintain or safeguard materials or products therein, animal shelters and animal care including dog walking, animal boarding and pet grooming but only to the extent necessary to ensure animal health, designing, printing, publishing and signage companies to the extent that they support essential businesses or services, remote instruction or streaming of classes from public or private schools or health/fitness centers; provided, however, that no in-person congregate classes are permitted, services related to financial markets, except debt collection, homeless shelters and congregate care facilities, human services providers whose function includes the direct care of patients in state-licensed or funded voluntary programs; the care, protection, custody and oversight of individuals both in the community and in state-licensed residential facilities; those operating community shelters and other critical human services agencies providing direct care or support. March 25, 2020. The updated guidance now includes the following as essential businesses: all veterinary services and all dentists and dental practices. Â, If the function of your business is listed above, you do not need to request any special designation or approval to operate.Â, If you have reviewed this guidance and require additional assistance in determining whether or not your business is permitted to operate on-site, you may consult the New York Forward Business Reopening Lookup Tool here. Â. This guidance is issued by the Empire State Development and applies to each business location individually. Officials have declared appraisal services, home … Previously the list referenced “banks and related financial institutions”. Businesses not on the list can request special designation as essential from Empire State Development. research and laboratory services. currently underway) projects of an essential business; or. walk-in … The State of New York will use STEP award funds to support ESBC participation in export activities and services, including participation in four distinct trade missions to both established and emerging markets (Spain, Indonesia/Vietnam, South Africa, and China). As New York State continually monitors and responds to developments related to COVID-19, ESD is providing up-to-date guidance for the agency’s partners and other stakeholders impacted by the virus. Curt Solomon is a Senior Vice President and Business Development Officer for Business Finance Group, Inc. public and private utilities including but not limited to power … BUFFALO, N.Y. (WIVB) — Leaders with Empire State Development say real estate is now considered an essential business. By: Caitlin A. 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