COVID-19 | North Carolina Executive Orders

Governor Roy Cooper of North Carolina issued a stay-at-home order March 27, 2020. The order becomes effective at 5 p.m. March 30 and runs for 30 days. The order specifically allows local governments to adopt greater restrictions than those contained in this order. Therefore, a business or individual will need to be aware of any local restrictions.

Numerous local governments have begun issuing their own local orders in response to COVID-19. For more information regarding local orders in North Carolina, click here.

Additionally, the Governor has issued several other executive orders in response to the COVID-19 pandemic, all outlined below. (Note: Executive Orders 123, 127, 128 are intentionally omitted – not COVID-19 related)

Executive Order #131 | Retail/Long-Term Care Facilities/Unemployment Insurance (Order Text)

• Issued April 9, 2020
• The order imposes new social distancing requirements on retail establishments that remain open.
  • Retail establishments include any business in which customers enter to purchase goods or services. This includes businesses like banks in addition to traditional retail establishments.
  • Occupancy is limited to no more than 20% of the stated fire capacity or five customers for every 1000 square feet of the location’s total square footage.
  • Establishments must post staff at store entrances and exits to enforce the new occupancy limit.
  • Establishments must mark six feet of spacing at cash registers and other high-traffic areas and in a line outside the establishment.
  • Establishments must perform frequent and routine cleanings of all high-touch areas.
  • The order overrides any local order that set a different standard for maximum occupancy.
  • This section becomes effective April 13, 2020 at 5 p.m. and remains in effect for 30 days unless modified or lifted.
• The order makes the following recommendations for retail establishments, but does not require them.
  • Establishments are encouraged to provide cloth face masks to employees that cannot consistently maintain a six-foot distance from other employees or customers.
  • Establishments should instruct employees to stay at home if sick.
  • Establishments are encouraged to mark six-foot distances in high-traffic areas that are limited to employees.
  • Establishments are encouraged to make hand sanitizer available and to have cleaning supplies available for shopping carts.
  • Establishments are encouraged to have designated shopping times for high-risk groups.
  • Establishments are encouraged to develop and use online ordering, curbside pickup, and no-contact checkout.
  • High-volume establishments are encouraged to use acrylic shields at cash registers and to provide assistance with routing through aisles.
• The order imposes new restrictions with respect to long-term care facilities. Skilled nursing facilities are required to comply with the following requirements and other long-term care facilities are encouraged to do so:
  • Prevent staff who are ill from coming to or remaining at work.
  • Screen all staff at the beginning of their shift for fever and respiratory symptoms.
  • Cancel communal dining and all group activities.
  • Implement universal use of facemasks for all staff.
  • Actively monitor all residents for fever and respiratory symptoms.
  • Notify the local health department immediately of any new cases among residents and of any cluster of cases among residents and staff.
  • This section of the order becomes effective at 5 p.m., April 10 and remains in place until lifted.
• The order contains the following provisions with respect to unemployment insurance.
  • Allows the Division of Employment Security to waive some requirements with respect to attached claims if it will speed up processing of benefits.
  • This section is effective retroactively to April 1, 2020 and remains in place for 60 days unless modified or lifted.

Executive Order #130 | Meeting North Carolina’s Health and Human Services Needs (Order Text)

• Issued April 8, 2020 and becomes effective immediately. Remains in place for 60 days (with certain exceptions for provisions with a later expiration date) unless modified.
• Grants the HHS Secretary the authority temporarily to waive or modify any legal or regulatory constraint that would prevent or impair the following:
  • Increasing health care facilities’ bed capacity.
  • Relocating beds from a currently operating facility to another physical location.
  • Adding dialysis stations to an existing center or hospital and relocating dialysis stations to another physical space.
  • Acquisition of medical imaging equipment by or on behalf of a hospital.
  • Allowing an ambulatory surgical facility to operate as a temporary hospital.
• Grants the HHS Secretary the authority temporarily to waive, modify, or impose new regulations on child care facilities.
• Provides that child care facilities may provide services only to a) children of employees of essential businesses, b) children receiving child welfare services, and c) children who are homeless or living in unstable or unsafe living arrangements.
• Grants each professional health care licensure board the authority temporarily to:
  • Allow persons to provide care if they are licensed in another state, territory, or the District of Columbia.
  • Allow persons to provide care if they are retired or have inactive licenses.
  • Allowing skilled, but unlicensed volunteers to provide care.
  • Allowing students at an appropriate stage of study to provide care.
• Provides of a limitation of liability for emergency management workers, including persons licensed or authorized to provide health care services.
• Grants the HHS Secretary the authority temporarily to waive or modify the expiration date of transitional food establishment permits and of analyst permits related to blood alcohol testing.
• Grants the HHS Secretary the authority temporarily to waive or modify any regulatory constraints that would prevent or impair the continued provision of MH/DD/SAS Services or providing these services via telehealth.
• Grants the HHS Secretary the authority temporarily to waive or modify any regulatory constraints that would prevent or impair providing PACE services in an in-home setting or other in-home care services.
• Grants the HHS Secretary the authority temporarily to waive or modify certain regulations with respect to the State/County Special Assistance program

Executive Order #129 | Law Enforcement Training Requirements Flexibility (Order Text)

• Issued April 7, 2020, became effective immediately and lasts until May 7.
• Allows a waiver of requirements that certain law enforcement training be completed “during consecutive calendar weeks”.

Executive Order #125 | Authorizing and Encouraging Remote Shareholder Meetings (Order Text)

• Issued April 1, 2020 and became effective immediately.

Executive Order #124 | Utilities Evictions and Financial Services (Order Text)

• Issued March 31, 2020, and became effective immediately.
• Utilities service providers (electric, natural gas, water, or wastewater):
  • Prohibited from terminating service.
  • Prohibited from imposing late fees.
  • Required to allow customers to pay arrearages over a six-month period after the order terminates.
  • Encouraged to reconnect previously disconnected service.
  • Required to work with State agencies to publicize payment assistance programs.
  • Required to provide notice of these provisions to their customers.
  • This section remains in effective for 60 days.
• Cable, telecommunications and related services:
  • Urged to follow the provisions related to utilities.
  • Urged to lift or greatly expand data caps.
• Eviction proceedings:
  • Provided guidance on orders by the Chief Justice of the North Carolina Supreme Court with respect to evictions.
  • Pursuant to the Chief Justice’s orders, no new eviction proceedings may commence until the expiration date of the orders – currently April 17, 2020.
  • During this time period, no new rental bonds are due.
  • Urged Clerks of Superior Court and Sheriffs to delay implementation of evictions that have already been ordered.
  • Encouraged property owners to work with tenants to implement payment plans to avoid evictions.
  • Encouraged lenders to work with property owners with respect to loan payment flexibility to reduce the pressure to pursue eviction of tenants.
• Bank and mortgage companies’ customers:
  • Urged to waive or reduce a number of fees.
  • Urged to extend new credit, where prudent.
  • Urged to increase daily ATM cash withdrawal limits.
  • Urged to increase credit card limits for creditworthy customers.
  • Urged to offer payment accommodations.
  • Urged to cease reporting derogatory information to credit reporting agencies.
  • Urged to forbear mortgage payments for at least 180 days and give mortgagors the option to extend loan terms by that number of days without a lump sum payment due at the end of the forbearance period.
  • Urged to postpone foreclosures and evictions for at least 90 days.

Executive Order #122 | State Surplus Property (Order Text)

• Issued March 30, 2020, and became effective immediately.
• Authorizes the disposal of surplus State property by donation or transfer to any State agency, political subdivision of the State, or public school system in the State.
• Authorizes the Secretary of Administration to approve donations or transfers of personal protective equipment and other healthcare supplies.

Executive Order #121 | Stay at Home Order (Order Text)

FAQs for Stay at Home Order

Key provisions of the order are as follows:

1. Residents are ordered to stay at home, with the following exceptions
   1. To engage in activities necessary for the health and safety of the individual and the individual’s household or family (including pets). Examples of these activities include receiving medical treatment or obtaining medical supplies (like refilling a prescription).
   2. To obtain necessary supplies and services. This includes things like trips to the grocery store, trips to the office supply store to enable one to work from home, and trips to hardware stores to obtain supplies to maintain the function and safety of the home.
   3. To engage in outdoor activity like walking, running, hiking, or biking. Even in these cases, social distancing must be maintained. In addition, most of the orders have specifically ordered that playgrounds be closed due to the likelihood of transmission from multiple people touching the same equipment.
   4. To perform work at specific types of essential businesses.
   5. To care for a family member, friend, or pet in another household.
   6. To travel to and from a place of worship.
   7. To travel to receive goods or services from an essential businesses.
   8. Travel related to child custody or visitation agreements.
   9. To volunteer with organizations providing charitable and social services.
2. All non-essential businesses must cease operations.
3. Essential businesses should direct employees to work from home to the maximum extent possible.
4. Essential businesses include:
   1. Businesses that can conduct activities while maintaining social distancing requirements.
   2. Businesses operating in sectors identified in the March 19, 2020, U.S. Department of Homeland Security, Cybersecurity Infrastructure & Security Agency (CISA), Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.
   3. Healthcare and public health operations
   4. Human services operations
   5. Essential infrastructure operations
   6. Essential government operations
   7. Stores that sell groceries and medicine.
   8. Food and beverage production and agriculture.
   9. Organizations that provide essential services for the economically disadvantaged or otherwise needy people.
   10. Religious entities
   11. Media
   12. Gas stations and other transportation support businesses, such as auto-part stores and auto-repair.
   13. Financial institutions like banks. Sometimes these operations are limited to services that cannot be provided remotely.
   14. Hardware and supply stores.
   15. Critical trades, such as plumbers, electricians, HVAC technicians, and security.
   16. Mail, shipping, and delivery services.
   17. Educational institutions, but only for purposes of facilitating distance learning, performing critical research, or performing essential functions.
   18. Laundry services.
   19. Restaurants, but for off-premises consumption only (i.e. take-out and delivery).
   20. Businesses that produce, distribute, or sell supplies that facilitate working from home.
   21. Business that sell, produce, or distribute products and services that enable other essential businesses to operate.
   22. Transportation services like airlines, taxis, and mobile ride-hailing companies.
   23. Home-based care services.
   24. Residential facilities and shelters.
   25. Certain professional services.
   26. Manufacture, distribution and supply chain for critical products and industries.
   27. Defense and military contractors
   28. Childcare services, often with limitations.
   29. Hotels and motels.
   30. Funeral services.
   31. Electronic retailers that cell communications technology
   32. Lawn and garden equipment retailers
   33. Bookstores that sell educational material.
   34. Beer, wine, and liquor stores.
   35. Retail functions of gas stations and convenience stores.
   36. Retail located within healthcare facilities.
   37. Pet and feed stores.
5. Businesses excluded from the list of essential businesses may direct requests to be included as an essential business to the Department of Revenue. (NOTE: There is no requirement that a business have a specific designation as an essential business. This is intended to create a process for businesses that do not fall under any of the existing categories to nonetheless be designated as an essential business.)
6. Non-essential businesses may conduct minimum basic operations, which are defined as:
   1. The minimum necessary activities to maintain the value of the business’s inventory, preserve the condition o the business’s physical plant and equipment, ensure security, process payroll and employee benefits, or related functions.
   2. The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.
7. Mass gatherings are prohibited. For these purposes, a mass gathering is more than 10 people.
   1. Funerals are permitted to include no more than 50 people.
8. Local orders ARE NOT preempted. Local governments may impose greater restrictions than those imposed by this order.

Executive Order #120 | Additional Limitations on Mass Gathering; Long-term Care Facilities; Extension of School Closure (Order Text)

• Issued March 23, 2020.
• Prohibited mass gatherings of more than 50 people.
• Specifically closed certain types of businesses including some amusement venues (live performance venues, movie theaters, etc.) and various types of businesses that require close physical contact (hair salons, massage parlors, spas, nail salons, tattoo and massage parlors, etc.).
• Mandated the continuance of certain local government services.
• Restricted visitation at long-term care facilities.
• Extended the closure of public schools through May 15, 2020.

Executive Order #119 | Motor Vehicle Operations; Authority of DHHS (Order Text)

• Issued March 20, 2020.
• Allowed the DHHS Secretary to waive certain provisions related to childcare facilities.
• Made additional alterations with respect to transportation provisions.

Executive Order #118 | Limiting Operations of Restaurants; Unemployment Insurance (Order Text)

• Issued March 17, 2020.
• Closed bars and restaurants for on-premises consumption.
• Made various changes with respect to the unemployment insurance program.

Executive Order #117 | Prohibiting Mass Gathering; K-12 School Closure (Order Text)

• Issued March 14, 2020.
• Prohibited mass gatherings of more than 100 people.
• Mandated public school closure from March 16 until March 30.
• Urged people to maintain social distancing.

Executive Order #116 | State of Emergency (Order Text)

• Issued March 10, 2020.
• This was the first order issued by the Governor and in it he declared a State of Emergency with respect to the Covid-19 epidemic. The order included provisions with respect to the following:
  • Waived several State provisions with respect to transportation.
  • Created a Covid-19 task force.
  • Authorized the hiring of temporary State employees and authorized restrictions on State employee officials travel.
  • Ordered the State Lab to maximize testing capacity.
  • Authorized right of entry and disinfection of DHHS and local health departments.
  • Ordered cleaning of certain facilities.
  • Waived licensure requirements for healthcare personnel licensed in another State.
  • Made various orders with respect to funding.
  • Waived certain purchasing and contract provisions.
  • Made certain changes with respect to Medicaid