OFFICE OF THE GOVERNOR

STATE OF HAWAI‘I

TWELFTH PROCLAMATION
RELATED TO THE COVID-19 EMERGENCY
By the authority vested in me by the Constitution and laws of the State of
Hawai‘i, to provide relief for disaster damages, losses, and suffering, and to
protect the health, safety, and welfare of the people, I, DAVID Y. IGE, Governor
of the State of Hawai‘i, hereby determine, designate and proclaim as follows:
WHEREAS, I issued on March 4, 2020, a Proclamation declaring a state
of emergency to support ongoing State and county responses to COVID-19; on
March 16, 2020, a Supplementary Proclamation suspending certain laws to
enable State and county responses to COVID-19; on March 21, 2020, a Second
Supplementary Proclamation and Rules Relating to COVID-19 implementing a
mandatory self-quarantine for all persons entering the State; on March 23, 2020,
a Third Supplementary Proclamation to mandate and effectuate physical
distancing measures throughout the State; on March 31, 2020, a Fourth
Supplementary Proclamation implementing a mandatory self-quarantine for all
persons traveling between any of the islands in the State; and on April 16, 2020,
a Fifth Supplementary Proclamation implementing enhanced safe practices
and an eviction moratorium; on April 25, 2020, a Sixth Supplementary
Proclamation amending and restating all prior proclamations and executive
orders related to the COVID-19 emergency; on May 5, 2020, a Seventh
Supplementary Proclamation related to the COVID-19 Emergency; on May 29,
2020, an Eighth Supplementary Proclamation related to the COVID-19
Emergency; on June 10, 2020, a Ninth Supplementary Proclamation related to
the COVID-19 Emergency; on July 17, 2020, a Tenth Proclamation related to
the COVID-19 Emergency; on August 6, 2020, an Eleventh Proclamation
related to the COVID-19 Emergency Interisland Travel Quarantine.
WHEREAS, as of August 20, 2020, there have been more than 5,800
documented cases of COVID-19 in the State, with record daily numbers of cases
detected in recent weeks and 45 deaths attributed to this disease;
WHEREAS, COVID-19 continues to endanger the health, safety, and

   
welfare of the people of Hawai‘i and a response requires the serious attention,
effort, and sacrifice of all people in the State to avert unmanageable strains on
our healthcare system and other catastrophic impacts to the State;
NOW, THEREFORE, I, DAVID Y. IGE, Governor of the State of Hawai‘i,
hereby authorize and invoke the following as set forth herein:

I. Statewide Coordination…………………………………….………………… [ 4 ]
II. Invocation of Laws……………………………………………………………..[ 4 ]

III. Act with Care Order….…………………......................................................[ 5 ]

A. Work in Businesses or Operations

B. Safe Practices
C. Persons Experiencing Homelessness
D. Force and Effect of Law

IV. Travel to the State……………………………………..………………….........[ 6 ]

A. Health Screening for Travelers to the State

B. Self-Quarantine for Travelers to the State
C. Host Responsibility
D. Prohibition on Renting Vehicles
E. Car Sharing Services Responsibility
F. Enhanced Movement Quarantine
G. Force and Effect of Law

V. Interisland Travel Quarantine……………………………………………….[ 10 ]

VI. Suspension of Laws…………………………………………………………..[ 11 ]

A. Session Laws
B. Division 1. Government
C. Division 2. Business
D. Division 3. Property; Family
E. Division 4. Courts and Judicial Proceedings
F. Division 5. Crimes and Criminal Proceedings

VII. Severability……………………………………………………………..…..[ 30 ]

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Exhibit A. Restatement of Executive Order NO. 20-05
Exhibit B. Federal Critical Infrastructure Sectors [as of May 19, 2020]
Exhibit C. Rules Relating to COVID-19 Health Screening Process and Travel
Self-Quarantine
Exhibit D. Rules Relating to Child Care Services Under Chapter 17-798.2,
Hawaii Administrative Rules
Exhibit E. Rules Relating to Notaries Public (amended)
Exhibit F. State Roadmap to Recovery and Resilience
Exhibit G. Sunshine Law and UIPA
Exhibit H. Rules Relating to Safety Guidelines for Barbers and Beauty
Operators

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I. Statewide Coordination
For the purposes of this COVID-19 emergency only, I hereby invoke
section 127A-13(a)(5), Hawaii Revised Statutes (HRS), as it is my opinion that it
is necessary to coordinate emergency management functions. Accordingly, I
direct all counties to obtain my approval, or the approval of the Director of Hawaii
Emergency Management Agency (HIEMA), prior to issuing any emergency order,
rule, or proclamation. I further suspend sections 127A-14(b) and 127A-25, HRS,
to the limited extent necessary to ensure statewide coordination.
This Twelfth Proclamation (Proclamation) does not apply to the United
States government.
II. Invocation of Laws
The following emergency provisions are expressly invoked, if not already
in effect upon declaration of an emergency on March 4, 2020:
Sections 127A-12(a)(5), 127A-13(a)(6), and 127A-13(a)(7), HRS, directing
the Director of HIEMA and the administrators of each county emergency
management agency to take appropriate actions to direct or control, as may be
necessary for emergency management.  
Section 127A-12(b)(13), HRS, requiring each public utility, or any person
owning, controlling, or operating a critical infrastructure, to protect and safeguard
its or the person’s property, or to provide for the protection and safeguarding
thereof, and provide for the protection and safeguarding of all critical
infrastructure and key resources; provided that without prejudice to the generality
of the foregoing two clauses, the protecting or safeguarding may include the
regulation or prohibition of public entry thereon, or the permission of the entry
upon terms and conditions as I may prescribe.
Section 127A-12(b)(16), HRS, directing all state agencies and officers to
cooperate with and extend their services, materials, and facilities as may be
required to assist in emergency response efforts.
Section 127A-13(a)(8), HRS, to prevent the hoarding, waste, or
destruction of materials, supplies, commodities, accommodations, facilities, and
services to effectuate equitable distribution thereof, or to establish priorities
therein; to investigate; and notwithstanding any other law to the contrary, to
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regulate or prohibit, by means of licensing, rationing, or otherwise, the storage,
transportation, use, possession, maintenance, furnishing, sale, or distribution
thereof, and any business or any transaction related thereto.
Section 127A-16, HRS, activating the Major Disaster Fund.
Section 127A-30, HRS, inasmuch as such section automatically went into
effect upon declaration of an emergency on March 4, 2020.
Restatement of Executive Order No. 20-05, as set forth in Exhibit A
attached hereto.
III. Act with Care
A. Work in Businesses or Operations
Pursuant to sections 127A-12(a)(5), 127A-12(b)(14), 127A-13(a)(1), and
127A-13(a)(7), HRS, the following businesses or operations may operate during
this emergency: businesses or operations that are part of the federal critical
infrastructure sectors, as set forth in Exhibit B attached hereto, and the
businesses or operations operating in each county in accordance with the State
Roadmap to Recovery and Resilience, attached hereto as Exhibit F. Businesses
include for-profit, non-profit, or educational entities, regardless of the nature of
the service, the function they perform, or their corporate or entity structure.
B. Safe Practices
All persons shall comply with applicable guidance from the Centers for
Disease Control and Prevention (CDC) as well as State, county, industry and
regulatory requirements for safe practices to mitigate the spread of COVID-19.
All persons must wear face coverings in compliance with the county orders, rules
and directives approved by me pursuant Section I.
C. Persons Experiencing Homelessness
Persons experiencing homelessness are exempt from Section III of this
Proclamation but shall comply with the safe practices referenced in Section III.B
to the fullest extent possible and are strongly urged to obtain shelter.
Governmental and other entities are strongly urged to make such shelter
available as soon as possible and to the maximum extent practicable and to use
in their operation COVID-19 risk mitigation practices recommended by the CDC.

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 D. Force and Effect of Law
Pursuant to section 127A-25, HRS, all provisions set forth in Section III of
this Proclamation are hereby adopted as rules that shall have the force and effect
of law. In the event of any inconsistency, conflict or ambiguity between this
Proclamation and any county emergency order, rule, directive or proclamation,
the relevant documents shall be read to allow a county maximum flexibility to
exercise its respective emergency management authority.
Pursuant to section 127A-29, HRS, any person who intentionally or
knowingly violates any provision set forth in this Section III of this Proclamation
shall be guilty of a misdemeanor, and upon conviction, the person shall be fined
not more than $5,000, or imprisoned not more than one year, or both.
IV. Travel to the State
A. Health Screening for Travelers to the State
Pursuant to section 127A-11, HRS, all persons entering the State of
Hawai‘i shall submit to the mandatory health screening process identified in the
Rules Relating to COVID-19 Health Screening Process and Travel Self-
Quarantine, attached hereto as Exhibit C and hereinafter referred to as the
“Travel Rules,” and must comply with all applicable State and county rules,
directives, and orders related to travelers.
B. Self-Quarantine for Travelers to the State
Pursuant to section 127A-13(a)(1), HRS, all persons entering the State of
Hawaiʻi shall be subject to mandatory self-quarantine as provided in the Travel
Rules, except those persons entering the State by recreational boats which have
been at sea for at least 14 consecutive days before entering State waters and
have no persons on board who are ill or are exhibiting symptoms of COVID-19.
The period of self-quarantine shall begin from the time of entry into the State and
shall last 14 days or the duration of the person’s presence in the State,
whichever is shorter. Persons who require paid or commercial lodging while
subject to the mandatory self-quarantine shall not designate as their quarantine
location a short-term rental, as defined by the applicable ordinances in each
county, or as mandated by county order, rule or directive. Where a county rule,
directive or order prohibits intended residents from residing in a short-term rental,
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as defined by the applicable county ordinances, all intended residents of that
county must designate a hotel or motel as their quarantine location. Persons
entering the State to perform critical infrastructure functions as identified in
Exhibit B shall be subject to self-quarantine but may obtain a limited exemption
from [email protected] allowing them temporarily to break self-
quarantine only when performing their critical infrastructure functions. If a limited
exemption is granted to any traveler from [email protected], such
person shall be subject to all quarantine restrictions when not performing their
critical infrastructure work or engaging in the activity expressly exempted. Only
persons who have been granted an exemption through
[email protected] may temporarily break self-quarantine and only for
the purposes expressed in the written exemption. An exemption shall be void if
the person subject to the exemption fails to wear appropriate protective gear and
to follow the Safe Practices referenced in Section III.B of this Proclamation while
engaged in the activities expressed in the written exemption. An exemption from
[email protected] does not require businesses or operations to
recognize the exemption from the 14-day self-quarantine period. All travelers to
the State of Hawai‘i shall complete the mandatory documentation identified in the
Travel Rules.
C. Host Responsibility
All hosts of any guest or guests within the State of Hawai‘i shall be
responsible for ensuring their guest or guests abide by the mandatory self-
quarantine set forth in Section A above.
Any host violates this section if the host intentionally, knowingly, or
recklessly fails to notify law enforcement immediately when a guest or guests
subject to the self-quarantine fails to enter or remain within the confines of their
designated quarantine location.
It shall be the duty of all hosts to ascertain the period of self-quarantine for
their guest or guests and to determine whether or not their guest or guests
remain confined to their designated quarantine location throughout the period of
self-quarantine. It shall not be a defense to a violation of this section that the host
did not know the period of self-quarantine for their guest or guests, that they did
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not know that their guest or guests were subject to the mandatory self-
quarantine, or that they did not know that their guest or guests had failed to enter
or remain within the confines of the designated quarantine location.
For purposes of this section, the following definitions apply:
“Designated quarantine location” means any hotel, motel, house,
townhouse, condominium, or apartment in the State of Hawai‘i, that will be
occupied, with the permission of the owner, renter, lessor, or manager of the
accommodations, by persons entering the State of Hawai‘i during their period of
quarantine and that is designated as such by these persons. In the case of
hotels, motels, townhouses, condominiums, and apartments, “designated
quarantine location” refers to the person’s individual room or unit.
“Hosts” means any individual, partnership, corporation, company,
association, or any other person, group, or entity, who is the owner, renter, or
lessor of any designated quarantine location.
“Guest or guests” means any person or persons subject to mandatory self-
quarantine who are renting, leasing, or otherwise occupying any designated
quarantine location from a host during the period of self-quarantine.
“Period of self-quarantine” means the period of time beginning when a
person first enters the State of Hawai‘i and continuing for 14 days thereafter or
the duration of the person’s presence in the State, whichever is shorter.
D. Prohibition on Renting Vehicles
Unless an exemption is granted, persons subject to self-quarantine
pursuant to Section IV of this Proclamation are prohibited from renting motor
vehicles in the State, whether through a rental car company, online service, or
through a peer-to-peer platform or car sharing service including but not limited to
Turo and Zipcar. Any reservations or confirmation of reservations by a person
subject to self-quarantine shall be presumed to be the rental of a motor vehicle in
violation of this order.
For purposes of this section: 
“Period of self-quarantine” means the period of time beginning when a
person first enters the State of Hawai‘i and continuing for 14 days thereafter or
the duration of the person’s presence in the State, whichever is shorter.
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 “Motor vehicle” means an automobile, motorcycle, moped, or other vehicle
propelled by a motor, whether gasoline, electric, or hybrid, which is offered for
rent or lease within the State of Hawai’i through any car sharing service.
E. Car Sharing Services Responsibility
All persons who provide motor vehicles through peer-to-peer platforms or
car sharing services, including but not limited to Turo and Zipcar (hereinafter
collectively referred to as “car sharing services”), shall be responsible for
ensuring that they do not rent, lease, or otherwise provide any motor vehicle to
any person subject to a self-quarantine, whether a visitor or returning resident,
during the person’s period of self-quarantine.
Any person violates this section if the person intentionally, knowingly, or
recklessly provides a motor vehicle through a car sharing service to a person
subject to the self-quarantine.
It shall be the duty of all persons providing a motor vehicle through a car
sharing service to determine whether or not the person is seeking to obtain the
vehicle during the person’s period of self-quarantine. It shall not be a defense to
a violation of this section that a person providing a motor vehicle through a car
sharing service did not know that the person seeking the motor vehicle was not
subject to the mandatory self-quarantine. 
For purposes of this section: 
“Period of self-quarantine” means the period of time beginning when a
person first enters the State of Hawai‘i and continuing for 14 days thereafter or
the duration of the person’s presence in the State, whichever is shorter.
“Motor vehicle” means an automobile, motorcycle, moped, or other vehicle
propelled by a motor, whether gasoline, electric, or hybrid, which is offered for
rent or lease within the State of Hawai’i through any car sharing service.
F. Enhanced Movement Quarantine
A county may establish an Enhanced Movement Quarantine (EMQ)
program through agreements with resort or hotel facilities. Travelers who enter
the State as part of an EMQ program must comply with all State, county and
industry safety and health standards applicable to such program and complete all
mandatory documentation. The EMQ program shall be implemented through
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county emergency orders, rules or proclamation and subject to the approval
requirements of Section I of this Proclamation. A county EMQ program shall:
1. Restrict participating travelers to clearly-defined
geographical areas and ensure limited contact with those not subject to self-
quarantine. The geographical areas may include adjacent shoreline areas where
beach access is permitted by applicable state and county authorities, provided
that members of the public are given notice of the EMQ and are not prohibited
from accessing the shoreline area;
2. Include safety, monitoring and enforcement measures;
3. Provide capacity for isolating any positive or suspected
COVID-19 cases and provide necessary wraparound services for such persons;
4. Require participating travelers to sign waivers confirming
they have voluntarily elected to participate in the EMQ; voluntarily agreed to
electronic monitoring and other requirements; and voluntarily waived express
privacy protections, including to health information, as necessary to accomplish
the public health purpose of this Proclamation;
5. Require participating travelers to bear all costs related to
their participation in the EMQ, including monitoring, isolation, care, lodging and
other expenses.
G. Force and Effect of Law
Pursuant to section 127A-25, HRS, all provisions set forth in Section IV of
this Proclamation and the Travel Rules are hereby adopted as rules and shall
have the force and effect of law.
Pursuant to section 127A-29, HRS, any person who intentionally,
knowingly, or recklessly violates Section IV of this Proclamation or the Travel
Rules shall be guilty of a misdemeanor, and upon conviction, the person shall be
fined not more than $5,000, or imprisoned not more than one year, or both.
V. Interisland Travel Quarantine
Pursuant to section 127A-13(a)(1), HRS, and section 127A-12(b)(19),
HRS, all persons traveling from within the State to the Islands of Kaua‘i, Hawai‘i,
and the Islands comprising the Counties of Maui and Kalawao, in the State of
Hawai‘i shall be subject to mandatory self-quarantine. The period of self-
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quarantine shall begin from the date of entry onto the Island and shall last 14
days or the duration of the person’s presence on the Island, whichever is shorter.
All travelers must comply with all applicable State and county rules, directives,
and orders related to travelers, including those mandating the verification of data
upon arrival at the airport and the completion of any and all documents. All
provisions of Section IV.C-E and G of the Proclamation apply with full force and
effect to this Section.
Persons traveling from within the State to the Islands of Kaua‘i, Hawai‘i,
and the Islands comprising the Counties of Maui and Kalawao to perform critical
infrastructure functions as identified in Exhibit B of the Proclamation shall be
subject to self-quarantine but may obtain a limited exemption allowing them to
break quarantine only when performing their critical infrastructure functions. If a
limited exemption is granted to any traveler, such person shall be subject to all
quarantine restrictions when not performing their critical infrastructure work or
engaging in the activity expressly exempted. Persons seeking an exemption from
the Interisland Travel Quarantine must contact the appropriate county for review
and approval. The Director of HIEMA also may grant exemptions from the
Interisland Travel Quarantine.
Pursuant to section 127A-29, HRS, any person violating the Interisland
Travel Quarantine and any applicable State or county rule, directive or order
related to travelers, including the completion of any document required by the
State or any county, shall be guilty of a misdemeanor, and upon conviction, the
person shall be fined not more than $5,000, or imprisoned not more than one
year, or both.
VI. Suspension of Laws
The following laws are suspended, as allowed by federal law, pursuant to
section 127A-13(a)(3), HRS:
A. Session Laws
Section 9, Act 5, Session Laws of Hawaii 2019, to the extent that the
appropriation for debt service payments shall no longer be limited to principal and
interest payments on general obligation bonds, such that debt service moneys

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may be used for bond counsel fees, costs related to tax compliance work on the
expenditure of general obligation bond proceeds, and other bond related costs.
B. Division 1. Government
Section 26-33, HRS, performance of duties of vacant office.
Section 37-41, HRS, appropriations to revert to state treasury;
exceptions.
Section 37-74(d), HRS, program execution, except for sections 37-
74(d)(2) and 37-74(d)(3), HRS, and any such transfers or changes considered to
be authorized transfers or changes for purposes of section 34-74(d)(1) for
legislative reporting requirements.
Section 40-66, HRS, appropriations lapse when.
Chapter 46, HRS, county organization and administration, with respect
to any county ordinance, rule, regulation, law or provision which applies to any
county permitting, licensing, zoning, variance, processes, procedures, fees, or
any other requirements that hinder, delay, or impede the purpose of this
proclamation.
Section 78-13, HRS, salary periods, to the extent necessary to allow the
State of Hawaii Department of Defense to pay, as expeditiously as possible,
members of the Hawaii National Guard ordered into active service and deployed
in response to this emergency.
Sections 87A-42(b) – (f), HRS, other post-employment benefits trust,
87A-43, HRS, payment of public employer contributions to the other post-
employment benefits trust, and 237-31(3), HRS, remittances, to the extent
necessary to suspend the requirement for public employers to pay the annual
required contribution to the Hawai‘i Employer-Union Health Benefits Trust Fund
in the fiscal year 2020-2021.
Chapter 89, HRS, collective bargaining in public employment.
Chapter 89C, HRS, public officers and employees excluded from
collective bargaining.
Chapter 91, HRS, administrative procedure, to the extent necessary
such that, at the sole discretion of the department or agency, any administrative
hearing may be conducted by telephone or video conference without the parties,
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department or agency, being physically present in the same location; any
deadlines may be waived or suspended; and any administrative hearing
procedures, such as, but not limited to, conferences, filing of documents, or
service, may be done via telephone or email. Additionally, to provide agencies
with maximum flexibility to respond to the COVID-19 emergency, and to
authorize any agency or court to stay or continue administrative hearings,
appeals, and related deadlines as necessary.
Administrative hearings not subject to Chapter 91, to the extent necessary
such that, at the sole discretion of the department of agency, any such hearing
may be conducted by telephone or video conference without the parties,
department, or agency, being physically present in the same location; any
deadlines may be waived or suspended; and any hearing procedures, such as,
but not limited to, conferences, filing of documents, or service, may be done via
telephone or email.
Section 91-3(b), HRS, procedure for adoption, amendment, or repeal
of rules, and section 325-2, HRS, physicians, laboratory directors, and
health care professionals to report to the extent necessary to add coronavirus
disease 2019 (COVID-19) (SARS-CoV-2) to Exhibits A and B of Chapter 11-156,
Hawaii Administrative Rules (HAR), without adopting emergency rules, and to
ensure that physicians, health care professionals, and laboratory directors shall
report the incidence or suspected incidence of COVID-19 to the department of
health in the manner specified by the department of health and that test results
(including positive and negative results) be reported to the department of health
via the electronic laboratory reporting system and by telephone on an urgent
basis. The addition of (COVID-19) (SARS-CoV-2) to Exhibits A and B of Chapter
11-156, HAR, shall be effective for a period of one hundred eighty (180) days
from the date of this Proclamation.
Chapter 92, HRS, public agency meetings and records, to the extent
set forth in Exhibit G attached hereto.
  Chapter 92F, HRS, uniform information practices act (modified), to the
extent set forth in Exhibit G attached hereto.

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 Section 102-2, HRS, contracts for concessions; bid required,
exception.
Section 103-2, HRS, general fund.
Section 103-53, HRS, contracts with the State or counties; tax
clearances, assignments.
Section 103-55, HRS, wages, hours, and working conditions of
employees of contractors performing services.
Section 103-55.5, HRS, wages and hours of employees on public
works construction contracts.
Chapter 103D, HRS, Hawaii public procurement code.
Chapter 103F, HRS, purchases of health and human services.
Chapter 104, HRS, wages and hours of employees on public works, to
the extent that this suspension only applies to construction contracts for
governmental construction projects related to COVID-19 entered into on or after
the date of the Supplementary Proclamation issued on March 16, 2020 through
the duration of the emergency.
Chapter 105, HRS, government motor vehicles, except for section 105-
11, HRS, State motor pool revolving fund.
Section 127A-25(c), HRS, rules and orders, to the extent the requirement
to publish rules adopted pursuant to chapter 127A, HRS, in a newspaper of
general circulation in the State shall be suspended inasmuch as the posting of
such rules on the applicable state or county government website or by other
means of official announcement as provided by this section brings the rules’
content to the attention of the general public.
Section 127A-30(a)(2), HRS, rental or sale of essential commodities
during a state of emergency; prohibition against price increases, to the
extent that it permits the termination of any tenancy for a residential dwelling unit
in the area that is the subject of the proclamation for a breach of a material term
of a rental agreement or lease resulting from a failure to pay all or any portion of
the rent or lease, maintenance fees, utility charges, taxes or other fees required
by the rental agreement or lease. Additionally, section 521-68, HRS, landlord’s
remedies for failure by tenant to pay rent and section 521-71, HRS,
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termination of tenancy; landlord’s remedies for holdover tenants and
Chapter 666, landlord and tenant, to the extent necessary to prohibit the
commencement, continuation, or prosecution of an action, to terminate any
tenancy for a residential dwelling unit, for failure to pay all or any portion of the
rent, maintenance fees, utility charges, taxes or other fees required for the
residential dwelling unit.
Sections 134-3(a) and (b), HRS, registration, mandatory, exceptions, to
the extent necessary such that the chiefs of police of the counties, in their sole
discretion, may suspend the deadline whereby a person must register a firearm
within five days after arrival in the State of the person or firearm, whichever
arrives later, and the deadline whereby a person acquiring a firearm pursuant to
section 134-2, HRS, must register the firearm within five days of acquisition.
Section 183C-6, HRS, permits and site plan approvals, to the extent
necessary to enable the Department of Land and Natural Resources to
administer the permitting program for conservation district use permits without
the application of provisions providing for automatic approval of permit requests
that are not acted upon within 180 days.
Chapter 205A, HRS, coastal zone management.
Section 237D-6.5(b), HRS, distribution of the transient
accommodations tax.
Chapter 261, HRS, aeronautics
Chapter 281, HRS, intoxicating liquor, and related administrative rules,
to the extent as follows:
1. Section 281-1, HRS, definitions, to exclude hand sanitizer and
surface disinfectants from the definition of “liquor” and “intoxicating
liquor”; and
2. Section 281-31, HRS, licenses, classes to enable the county
liquor commissions to allow licensees to sell unopened beer or
unopened wine or unopened prepackaged cocktails with food for
pick up, delivery, take out, or other means to be consumed off the
premises, and to enable county liquor commissions to waive,
suspend, or postpone any deadlines or administrative procedures;
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 and to allow class 1 licensees to purchase fermentable wash from
class 1, 3, 14, and 18 licensees.
Provided that liquor licensees shall comply at all times with any and all federal
laws and any and all state and county laws not specifically suspended herein,
including, but not limited to, Chapter 149A, HRS, Hawaii Pesticides Law, and
the rules, regulations, and requirements of the State of Hawai‘i Department of
Agriculture, the U.S. Food and Drug Administration, the U.S. Environmental
Protection Agency, and the U.S. Alcohol and Tobacco Tax and Trade Bureau.
Section 281-37, HRS, sales of alcohol, and related administrative rules,
to the extent to allow hospitals and medical clinics to purchase hand sanitizer
and surface disinfectants in any quantity from class 1 licensees without holding a
county alcohol purchase permit. Provided that liquor licensees shall comply at all
times with any and all federal laws and any and all state and county laws not
specifically suspended herein, including, but not limited to, Chapter 149A, HRS,
Hawaii Pesticides Law, and the rules, regulations, and requirements of the
State of Hawai‘i Department of Agriculture, the U.S. Food and Drug
Administration, the U.S. Environmental Protection Agency, and the U.S. Alcohol
and Tobacco Tax and Trade Bureau.
Section 281-42(a)(6) and (b)(2), HRS, manufacturers and wholesale
dealers, special restrictions, and any related administrative rules, to the extent
necessary to enable the county liquor commissions to allow liquor manufacturers
and wholesale dealers to negotiate credit terms for periods in excess of thirty
(30) days with liquor retail licensees during the disaster emergency relief period,
subject to the following restrictions:
1. Any credit negotiations under this suspension must be finalized
prior to the termination of the disaster emergency relief period;
2. The suspension of Section 281-42(a)(6), HRS, shall terminate upon
the termination of the disaster emergency relief period;
3. The suspension of Section 281-42(b)(2), HRS, shall remain in effect
until twenty-one (21) days after the termination of the disaster
emergency relief period to the extent necessary to allow liquor retail

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 licensees who have outstanding invoice balances more than thirty
(30) days due, to continue purchasing liquor by credit.
Chapter 266, HRS, harbors.
Sections 286-26(a) and (b), HRS, certification of inspection, section
286-54, HRS, out-of-state-vehicle permit, section 286-106, HRS, expiration of
licenses, section 286-236(f), HRS, commercial driver's license qualification
standards, sections 286-107(a), (b), (c), (d), (g), and (h), HRS, license
renewals; procedures and requirements, section 286-239(g), HRS,
commercial driver’s license, section 286-241, HRS, notification of
disqualification, suspension, revocation, cancellation, marking medical
certification status as not-certified, or downgrading of commercial driver’s
licenses or permits, section 286-306(a), HRS, expiration; renewal;
replacement, to the extent necessary to enable the Director of Transportation to
waive or extend the renewal, expiration, or other deadlines for certificates,
licenses, and permits that occurred or will occur during the emergency period.
Sections 286-26(d), HRS, certification of inspection.
Section 286-108, HRS, examination of applicants.
Section 286-110, HRS, instruction permits.
Section 291-31.5, HRS, blue lights prohibited for motor vehicles,
motorcycles, motor scooters, bicycles, mopeds to the extent necessary to
allow Department of the Attorney General vehicles to operate with blue lights
when used for law enforcement related emergency management functions.
Section 291-51.6, HRS, issuance of temporary removable windshield
placards, to the extent that the Director of the Department of Health may extend
the duration of the temporary removable windshield placard beyond six months.
Section 291-52, HRS, issuance of removable windshield placard, with
respect only to the statutory six-year expiration.
Sections 302D-12(h)(1) to (5), HRS, charter school governing boards;
powers and duties, to the extent necessary to enable the governing board of a
charter school to conduct business in person or through remote technology
without holding meetings open to the public. The governing boards shall consider
reasonable measures to allow public participation consistent with physical
17 of 32   
 
distancing practices, such as providing notice of meetings, allowing submissions
of written testimony on agendized items, live streaming meetings, and posting
minutes of meetings online. No governing board deliberation or action shall be
invalid, however, if such measures are not taken.
Chapter 325, HRS, infectious and communicable diseases, to the
limited extent that any provision conflicts with the Governor’s exercise of
emergency powers herein under section 127A-13(a)(1), HRS.
Sections 328L-3(f)(1) and (2), HRS, emergency and budget reserve
fund.
Sections 329-32(a), 329-33(a), 329-38.2, HRS, uniform controlled
substances act, and related administrative rules, to the extent necessary to
allow out-of-state physicians and nurses to dispense (including prescribing and
administering) controlled substances without having to register in Hawai‘i, as
contemplated in the United States Drug Enforcement Administration’s (DEA)
COVID-19 Policy Concerning Separate Registration Across State Lines dated
March 25, 2020. Such physicians or nurses must maintain active registration in at
least one state and be authorized under that state’s law to dispense controlled
substances. Such doctors or nurses must also otherwise comply with state laws,
including those related to controlled substances.
Section 329-32(e), HRS, registration requirements, and related
administrative rules, for the limited purpose of allowing the offsite dispensing of
necessary take-home doses of medication for medication assisted treatment by
an opioid treatment program (OTP) authorized under Section 329-40, HRS,
without obtaining a separate state registration, as contemplated in the DEA’s
COVID-19 policy concerning DEA narcotic treatment programs dated April 7,
2020.
Section 329-38(a)(1)(C), HRS, prescriptions, and related administrative
rules, only to the extent necessary to allow a facsimile, photograph, or scan of a
written prescription to be delivered to the dispensing pharmacist within 15 days of
an emergency oral prescription, as contemplated in the DEA’s COVID-19
guidance concerning the issuance of oral schedule II prescriptions dated March
27, 2020.
18 of 32   
 
 Section 329-38(d), HRS, prescriptions, for the limited purpose and to the
extent necessary to allow prescribing practitioners to authorize subsequent
prescriptions for opioids and benzodiazepines through telephone consultation
without an in-person consultation every 90 days. Such practitioners must
otherwise comply with all other requirements of Section 329-38(d).
Section 329-40 (b)(7), HRS, methadone treatment program, and related
administrative rules, for the limited purpose of permitting the issuance of up to 28
doses of methadone to qualified patients in an opioid treatment program in
accordance with the United States Substance Abuse and Mental Health Services
Administration’s Opioid Treatment Program Guidance, updated on March 19,
2020.
Section 329-41(a)(8), HRS, prohibited acts B penalties, for the sole and
limited purpose of enabling authorized physicians practicing telehealth as
provided in section 453-1.3, HRS, to issue prescriptions for controlled
substances. Such physicians must otherwise comply with all other requirements
of Chapter 329, HRS.
Section 329-101(b), HRS, reporting of dispensation of controlled
substances; electronic prescription accountability system; requirements;
penalty, to the extent necessary to enable the Department of Public Safety to
issue State controlled substance registrations prior to an applicant’s registration
with the electronic prescription accountability system.
Chapter 329, Part IX, HRS, medical use of cannabis, to the extent
necessary to allow the Department of Health to extend the effective period of
registration for qualifying patients and primary caregivers with registration cards
with expiration dates in April and May for ninety (90) days. This suspension shall
not apply to the registration of a qualifying out-of-state patient or a caregiver of a
qualifying out-of-state patient, and it shall not apply to qualifying patients or
primary caregivers with registration cards that expire after May 2020.
Section 346-29, applications for public assistance; manner, form,
conditions, and section 346-53, HRS, determination of amount of assistance,
and related administrative rules, to the extent necessary such that the Director of
the Department of Human Services, in his sole discretion and for the purpose of
19 of 32   
 
assisting those in need, may suspend eligibility and other requirements for family
units and individuals impacted by an emergency, and may disregard income
received from unemployment insurance or other relief assistance payments,
when determining eligibility and the amount of a recipient's assistance payments
during the emergency period.
Sections 346-59.1, 431:10A-116.3, 432:1-601.5, and 432D-23.5,
HRS, coverage for telehealth, to the extent that the definitions of “telehealth” in
each section shall exclude the use of standard telephone contacts.
Section 346-71, HRS, general assistance to households without minor
dependents, and related administrative rules, to the extent necessary to allow
for a presumptive determination of a disability for the duration of the emergency.
Section 346-97, HRS, criminal history record checks, and related
administrative rules, to the extent necessary for the Director of the Department of
Human Services, in his sole discretion, to suspend criminal history record check
requirements prior to enrolling Medicaid service providers.
Chapter 346, Part VIII, HRS, child care, and related administrative rules
for child care licensing and subsidies, to the extent necessary such that the
Director of the Department of Human Services, in his sole discretion and for the
purpose of assisting those in need, may suspend fingerprinting requirements;
suspend the requisite staffing configurations and the number of children per adult
ratio for a child care establishment facility; suspend eligibility and other
requirements for family units impacted by an emergency; disregard emergency
related benefits in calculating child care subsidies; suspend application deadlines
for child care subsidies; allow for re-determinations of eligibility and monthly
payment amounts within the eligibility period; and suspend subsidy payments for
longer than one month when a payment amount is determined to be zero.
Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Child Care
Services Under Chapter 17-798.2, Hawaii Administrative Rules, as set forth on
Exhibit D attached hereto are hereby adopted.
Section 346-261, HRS, First-To-Work; establishment; purpose, and
related administrative rules, to the extent necessary such that the Director of the
Department of Human Services, in his sole discretion and for the purpose of
20 of 32   
 
assisting those in need, may suspend eligibility and other requirements for family
units impacted by an emergency, and may provide additional rent support for
family units impacted by an emergency during the emergency period.
Section 353-62(b)(5), HRS, Hawaii paroling authority; responsibilities
and duties; operations; records, reports, staff, and related administrative
rules, to allow a hearing before a panel of at least two members of the paroling
authority in all cases.
Section 373-3, HRS, fees; biennial renewal, restoration, section 437-
23(a), HRS, term of license, section 439-18(c), HRS, schools, section 443B-
4.58, HRS, biennial renewal requirement, section 440-14, HRS, license,
limitations, renewals, section 444-15, HRS, fees; biennial renewals; inactive
license, section 448E-8, HRS, fees; renewals, section 448F-9, HRS, biennial
renewal; failure to renew, section 448H-8, HRS, fees, section 16-81-10, HAR,
renewal of license, section 452-16, HRS, renewal of license; fees, section
453-3(2), HRS, limited and temporary licenses; section 453-3(4), HRS, limited
and temporary licenses, section 453-6, HRS, fees; expenses, section 453D-
11, HRS, renewal of license; fees, section 457A-7(e), HRS, medicare or
medicaid nurse aide certification, section 457A-8(e), HRS, nurse aide
certification for state licensed or state-certified health care settings, section
457B-9(b), HRS, fees, section 457G-6, HRS, biennial renewal; failure to
renew; restoration, inactive license; conversion from registration, section
458-8(a), HRS, expiration and renewal, section 460J-14, HRS, fees; biennial
renewal; inactive license, section 461J-10, HRS, biennial renewal; failure to
renew, section 462A-6, HRS, duration and renewal of license, section 16-96-
27, HAR, renewal of license, section 463-10, HRS, licenses; fees; renewal of
licenses; inactive license, section 464-9(c), HRS, applications for and
certificates of licensure; renewal; fees; continuing education, section 465-
11(a), HRS, renewals; continuing education requirement, section 466D-10,
HRS, renewal of license, section 467-11, HRS, fees; original license and
biennial renewals, section 471-9(c), HRS, licenses, section 472-2(a)(1), HRS,
practice of veterinary technology; qualifications; registration required,
section 481E-5(f), HRS, certificate of registration; issuance or denial;
21 of 32   
 
renewal, section 481Z-6(f), HRS, certificate of registration; issuance or
denial; renewal, section 484-9(a), HRS, annual report, section 514E-10(e),
HRS, registration required; developer, acquisition agent, plan manager, and
exchange agent; registration renewal, section 514E-10.2(h), HRS, limited
permit, to the extent necessary such that the Director of the Department of
Commerce and Consumer Affairs may suspend or extend license renewal or
certification deadlines.
Section 377-9, HRS, prevention of unfair labor practices, to the extent
necessary such that, at the sole discretion of the Hawaii Labor Relations Board,
the requirement to hold a hearing on the complaint not more than 40 days after
the filing of the complaint or amendment thereof may be waived.
Chapter 383, HRS, Hawaii employment security law, to the extent
necessary and as allowed by federal law, through the duration of the emergency
as defined under federal law, to enable the Director of the Department of Labor
and Industrial Relations to:
1. waive the one-week waiting period for unemployment insurance
claimants, the able and available requirement not already
exempted, the work search requirements, and online registration for
work requirement on HireNet for claimants who are otherwise
eligible for unemployment insurance benefits as a result of COVID-
19 for claims beginning March 1, 2020;
2. extend deadlines;
3. allow greater flexibility in determining good cause, employer
contributions to the Unemployment Insurance Trust Fund, and
employer experience rating; and
4. waive required cash or in-kind contributions at the sole discretion of
the Director of the Department of Labor and Industrial Relations.  
Chapter 386, HRS, workers’ compensation law, to the extent necessary
such that the Department of Labor and Industrial Relations’ failure to act within
the specified period shall not be deemed an automatic approval.
Chapter 394B, HRS, dislocated workers, to the extent necessary to
waive notice requirements and deadlines; payment of back pay, benefits, or other
22 of 32   
 
forms of compensation; payment of dislocated employees or worker allowance;
imposition of penalties; and any private right of action for failure to comply with
Chapter 394B, HRS, resulting from the COVID-19 response.
C. Division 2. Business
  Chapter 432E, Part IV, HRS, external review of health insurance
determinations, to the extent necessary to suspend all proceedings for external
review until rescheduled by the Insurance Commissioner; and to extend any
deadlines, including but not limited to the 130-day deadline to file a request for
external appeal.
Section 438-8.5, HRS, medical clearance, section 439-12.5, HRS,
medical clearance, section 16-73-56, HAR, medical clearance, and section 16-
78-76, HAR, medical clearance, to the extent necessary to waive the medical
clearance requirement. Additionally, pursuant to section 127A-25, HRS, the
Rules Relating to Safety Guidelines for Barbers and Beauty Operators, as set
forth on Exhibit H attached hereto are hereby adopted.
Section 451J-5, HRS, prohibited acts, and section 451J-7, HRS,
application for licensure, to the extent necessary to waive the licensure and
accompanying requirements so as to permit marriage and family therapists
licensed in their state, but not licensed in Hawai‘i, who have pre-established
relationships with a patient or client currently residing in the State of Hawai‘i, to
engage in telehealth practices with these patients. This shall not authorize out-of-
state mental health professionals who are not licensed in Hawai‘i to solicit or
establish new relationships with clients or patients located in Hawai‘i.
Chapter 453, HRS, medicine and surgery, and Chapters 16-85, HAR,
medical examiners, and 16-93, HAR, osteopaths, to the extent necessary to
allow out-of-state physicians, osteopathic physicians, and physician assistants
with a current and active license, or those previously licensed pursuant to
Chapter 453, HRS, but who are no longer current and active, to practice in
Hawaiʻi without a license; provided that they have never had their license
revoked or suspended and are hired by a state or county agency or facility, or by
a hospital, including related clinics and rehabilitation hospitals, nursing home,
hospice, pharmacy, or clinical laboratory, or other health care entity.
23 of 32   
 
 Section 453-1.3, HRS, practice of telehealth, to the extent necessary to
allow individuals currently and actively licensed pursuant to Chapter 453, HRS, to
engage in telehealth without an in-person consultation or a prior existing
physician-patient relationship; and to the extent necessary to enable out-of-state
physicians, osteopathic physicians, and physician assistants with a current and
active license, or those who were previously licensed pursuant to Chapter 453,
HRS, but who are no longer current and active, to engage in telehealth in Hawai‘i
without a license, in-person consultation, or prior existing physician-patient
relationship, provided that they have never had their license revoked or
suspended and are hired by a state or county agency or facility or by a hospital,
including related clinics and rehabilitation hospitals, nursing home, hospice,
pharmacy, clinical laboratory, or other health care entity.
Section 453D-5, HRS, prohibited acts, and section 453D-7, HRS,
application for licensure as a mental health counselor, to the extent
necessary to waive the licensure and accompanying requirements so as to
permit mental health counselors licensed in their state, but not licensed in
Hawai‘i, who have pre-established relationships with a patient or client currently
residing in the State of Hawai‘i, to engage in telehealth practices with these
patients. This shall not authorize out-of-state mental health professionals who are
not licensed in Hawai‘i to solicit or establish new relationships with clients or
patients located in Hawaii.
Chapter 456, HRS, notaries public, and related administrative rules, to
the extent necessary to suspend any requirement that would require close
physical contact to accomplish notary functions. Additionally, pursuant to section
127A-25, HRS, the Rules Relating to Notaries, as set forth on Exhibit E attached
hereto are hereby adopted.
Chapter 457, HRS, nurses, and chapter 16-89, HAR, nurses, to the
extent necessary to allow out-of-state licensed practical nurses, registered
nurses, advanced practice registered nurses, and advance practice registered
nurses with prescriptive authority with a current and active license, or those
previously licensed pursuant to Chapter 457, HRS, but who are no longer current
and active, to practice in Hawaiʻi without a license; provided that they have never
24 of 32   
 
had their license revoked or suspended and are hired by a state or county
agency or facility, or by a hospital, including related clinics and rehabilitation
hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health
care entity.
  Section 457-7, HRS, registered nurses; qualifications; licenses; fees;
title; existing licensed nurses; verification of licenses; eligibility, to the
extent necessary to waive the licensure and accompanying requirements so as
to permit graduates of nursing education programs approved by the State Board
of Nursing, within 180 days following graduation, to be employed to practice
nursing under the supervision of a registered nurse, with the endorsement of the
employing health care entity.
  Section 457-8, HRS, licensed practical nurse; qualifications; license;
fees; title; existing licensed nurses; verification of licenses; eligibility, to
the extent necessary to waive the licensure and accompanying requirements so
as to permit graduates of nursing education programs approved by the State
Board of Nursing, within 180 days following graduation, to be employed to
practice nursing under the supervision of a registered licensed practical nurse,
with the endorsement of the employing health care entity.
Section 457-8.5, HRS, advanced practice registered nurse;
qualifications; licensure; endorsement; fees; eligibility, to the extent
necessary to waive the licensure and accompanying requirements so as to
permit graduates of an accredited graduate-level education program preparing
the nurse for one of the four recognized advanced practice registered nurse roles
licensed by the State Board of Nursing, within 180 days following graduation, to
be employed to practice as an advanced practice registered nurse, with the
endorsement of the employing health care entity.
  Section 457G-1.4, HRS, license required, and section 457G-1.5,
HRS, practice of occupational therapy, to the extent necessary to allow out-of-
state occupational therapists and occupational therapy assistants with current
and active licenses, or those previously license pursuant to Chapter 457G, HRS,
but who are no longer current and active, to practice in Hawai’i without a license;
provided that they have never had their licenses revoked or suspended and are
25 of 32   
 
hired by a state or county agency or entity, or by a hospital, including related
clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical
laboratory, or other health care entity.
Section 461-5, HRS, qualifications for license, and Section 461-6, HRS,
examination; license, to the extent necessary to waive the licensure and
accompanying requirements so as to permit graduates of a pharmacy college
accredited by the Accreditation Council for Pharmacy Education, within 180 days
following the conferment of the doctor of pharmacy degree, to be employed to
practice pharmacy under the supervision of a registered pharmacist, with the
endorsement of the employing health care entity.
Section 461-9(a), HRS, pharmacist in charge; pharmacy personnel,
and Sections 16-95-79(a), HAR, supervision by a registered pharmacist, and
16-95-80(a), HAR, physical presence of a registered pharmacist, to the extent
necessary to allow a registered pharmacist currently and actively licensed
pursuant to Chapter 461, HRS, or pharmacy intern currently and actively
permitted by the board, to fill, compound, or receive prescriptions by remote data
entry.
  Section 461J-2, HRS, practice of physical therapy;
qualifications, section 461J-6, HRS, permanent licenses, and section 16-110-
20, HAR, requirements for a permanent physical therapist license or
physical therapist assistant license, to the extent necessary to allow an out-of-
state physical therapist or physical therapy assistant with a current and active
license, or those previously licensed pursuant to Chapter 461J, HRS, but who
are no longer current and active, to practice in Hawai‘i without a license; provided
that they have never had their license revoked or suspended and are hired by a
state or county agency or entity, or by a hospital, including related clinics and
rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or
other health care entity. 
Section 464-4, HRS, public works.
Section 465-2, HRS, license required, and section 465-15, HRS,
prohibited acts; penalties, to the extent necessary to waive the licensure and
accompanying requirements so as to permit psychologists licensed in their state,
26 of 32   
 
but not licensed in Hawai‘i, who have pre-established relationships with a patient
or client currently residing in the State of Hawai‘i, to engage in telehealth
practices with these patients.
Section 466D-3, HRS, license required, and section 466D-9,
HRS, licensure by endorsement, to the extent necessary to allow an out-of-
state respiratory therapist with a current and active license, or those previously
licensed pursuant to Chapter 466D, HRS, but who are no longer current and
active, to practice in Hawaiʻi without a license; provided that they have never had
their license revoked or suspended and are hired by a state or county agency or
entity, or by a hospital, including related clinics and rehabilitation hospitals,
nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.
Section 466J-4, HRS, licenses required, section 466J-5, HRS,
radiographers, radiation therapists, and nuclear medicine technologists,
qualifications and licenses, section 11-44-3, HAR, licenses required, section
11-44-4, HAR, application for license, and section 11-44-5, HAR, minimum
eligibility requirements for license, to the extent necessary to allow an out-of-
state radiographer, radiation therapist, or nuclear medicine technologist, with a
current and active registration or certification in good standing with the American
Registry of Radiologic Technologists (ARRT) in radiography, radiation therapy
technology, or nuclear medicine technology or with the Nuclear Medicine
Technology Certification Board (NMTCB) in nuclear medicine technology; or
those previously licensed pursuant to Chapter 466J, HRS, but who are no longer
current and active, to practice in Hawaiʻi without a license; provided that they
have never had their license revoked or suspended and are hired by a state or
county agency or other health care entity that possesses a current and valid
radiation facility license. Facilities are required to submit to the Radiologic
Technology Board the following information for individuals performing radiologic
technology under this exemption: full name; ARRT, NMTCB or previous license
number; and a photocopy of the current ARRT or NMTCB credential card or
defunct license (if available).

27 of 32   
 
 Section 467E-5, HRS, licensed required, and section 467E-13, HRS,
prohibited acts; penalties, to the extent necessary to waive the licensure and
accompanying requirements so as to permit social workers licensed in their state,
but not licensed in Hawai‘i, who have pre-established relationships with a patient
or client currently residing in the State of Hawai‘i, to engage in telehealth
practices with these patients. This shall not authorize out-of-state mental health
professionals who are not licensed in Hawai‘i to solicit or establish new
relationships with clients or patients located in Hawai‘i.

Section 468E-3, HRS, practice as speech pathologist or audiologist;

title or description of services, section 468E-4, HRS, persons and practices
not affected, section 468E-8, HRS, license, section 16-100-12, HAR,
registration required, and section 16-100-16, HAR, general requirements, to
the extent necessary to allow an out-of-state speech pathologist or audiologist
with a current and active license, or those previously licensed pursuant to
Chapter 468E, HRS, but who are no longer current and active, to practice in
Hawai‘i without a license; provided that they have never had their license
revoked or suspended and are hired by a state or county agency or entity, or by
a hospital, including related clinics and rehabilitation hospitals, nursing home,
hospice, pharmacy, clinical laboratory, or other health care entity.

Section 471-10, HRS, refusal to grant and revocation or suspension of

license, to the extent necessary to enable veterinarians to engage in telehealth
without a previously existing Veterinarian-Client-Patient-Relationship or physical
examination of the patient.
Chapter 481I, HRS, motor vehicle express warranty enforcement
(lemon law), to the extent necessary such that, at the sole discretion of the
Department of Commerce and Consumer Affairs, any arbitration hearing may be
conducted by telephone or video conference without the parties, arbitrator, or
department being physically present in the same location; any deadlines,
including but not limited to, the lemon law rights period under section 481I-2,
HRS, may be extended, waived, or suspended; and any hearing procedures,

28 of 32   
 
including but not limited to, submission of documents or service, may be done via
telephone or email.
D. Division 3. Property; Family
Chapter 501, HRS, land court registration, and related court or
administrative rules, to the extent necessary such that the Registrar of the
Bureau of Conveyances, in his sole discretion and for the purpose of facilitating
the recording functions of the Bureau of Conveyances, may suspend recording
requirements calling for certified copies of court records, or any other recording
requirements that cannot be satisfied under the current emergency conditions,
including but not limited to recording requirements which may require close
physical contact.
Chapter 502, HRS, bureau of conveyances; recording, and related
court or administrative rules, to the extent necessary such that the Registrar of
the Bureau of Conveyances, in his sole discretion and for the purpose of
facilitating the recording functions of the Bureau of Conveyances, may suspend
recording requirements calling for certified copies of court records, or any other
recording requirements that cannot be satisfied under the current emergency
conditions, including but not limited to recording requirements which may require
close physical contact.
Section 572-1(7), HRS, requisites of valid marriage contract, to the
extent necessary to suspend the requirement that the parties to be married and
the person performing the marriage ceremony be physically present at the same
place and time for the marriage ceremony. During the time that this emergency
order is effective, marriage ceremonies may be performed by synchronous, real-
time, interactive audio and video telecommunications, so long as the parties to
be married and the person performing the marriage ceremony shall all be
physically present in Hawai‘i and all of the other requisites for a valid marriage
contract are met. This suspension shall apply retroactively to March 4, 2020, the
beginning of the disaster emergency relief period.
Section 572-6, HRS, application; license; limitations, to the extent
necessary to suspend the requirement that persons applying for a marriage
license shall appear personally before an agent authorized to grant marriage
29 of 32   
 
licenses. During the time that this emergency order is effective, persons applying
for a marriage license may appear by synchronous, real-time, interactive audio
and video telecommunications before an agent authorized to grant marriage
licenses.
Chapter 576E, HRS, administrative process for child support
enforcement, and related administrative rules, to the extent necessary such that,
at the sole discretion of the Department of the Attorney General or the Child
Support Enforcement Agency, the agency may sign an order temporarily
suspending or modifying child support obligations without the need to commence
administrative proceedings when all parties are in mutual agreement.
Section 11-219-7.5(e), HAR, renewal of parking permits, to the extent
that the six-year recertification for special license plates shall be suspended if
such recertification becomes due during the emergency period.
E. Division 4. Courts and Judicial Proceedings
Nothing suspended or invoked by this Proclamation.
F. Division 5. Crimes and Criminal Proceedings
Sections 706-669, 706-670, and 706-670.5, HRS, disposition of
convicted defendants, to the extent that these sections and related
administrative rules prescribe time limits for matters before the Hawaii Paroling
Authority.
Chapter 846E, HRS, registration of sex offenders and other covered
offenders and public access to registration information, to the extent
necessary to suspend any requirement that a covered offender must come into
close physical contact with an agency with jurisdiction, the attorney general, or
chief of police, or their designees to satisfy any element of this section.
VII. Severability
If any provision of this Proclamation is rendered or declared illegal for any
reason, or shall be invalid or unenforceable, such provision shall be modified or
deleted, and the remainder of this Proclamation and the application of such
provision to other persons or circumstances shall not be affected thereby but shall
be enforced to the greatest extent permitted by applicable law.

30 of 32   
 
 I FURTHER DECLARE that the disaster emergency relief period shall
continue through September 30, 2020, unless terminated or continued by a
separate proclamation, whichever shall occur first.

Done at the State Capitol, this

20th day of August, 2020.

_______________________
DAVID Y. IGE,
Governor of Hawaiʻi

APPROVED:

____________________________
Clare E. Connors
Attorney General
State of Hawaiʻi

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 EXHIBIT A
Restatement of Executive Order No. 20-05

EXHIBIT B
Federal Critical Infrastructure Sectors

EXHIBIT C
Rules Relating to COVID-19 Health Screening Process and Travel
Self-Quarantine

EXHIBIT D
Rules Relating to Child Care Services Under Chapter 17-798.2,
Hawaii Administrative Rules

EXHIBIT E
Rules Relating to Notaries Public (amended)

EXHIBIT F
State Roadmap to Recovery and Resilience

EXHIBIT G
Sunshine Law and UIPA

EXHIBIT H
Rules Relating to Safety Guidelines for Barbers and Beauty Operators
 

32 of 32   
 
 EXHIBIT A

EXECUTIVE ORDER NO. 20-05

By the authority vested in me by the Constitution and the laws of the State
of Hawai‘i, I, David Y. Ige, Governor of the State of Hawai‘i, hereby order the
following, effective on the date of this Executive Order to and including the date
that the emergency ceases:
1. For the purposes of this Executive Order, the following terms are
defined as set forth below:
a. “Health care facility” means any program, institution, place,
building, or agency, or portion thereof, private or public, other than
federal facilities or services, whether organized for profit or not,
used, operated, or designed to provide medical diagnosis,
treatment, nursing, rehabilitative, or preventive care to any person
or persons. The term includes but is not limited to facilities licensed
or certified by DOH pursuant to section 321-11(10), Hawaii Revised
Statutes (HRS), and others providing similarly organized services
regardless of nomenclature, and any state government-operated
site providing health care services established for the purpose of
responding to the COVID-19 outbreak.
b. "Health care professional" means physicians and surgeons and
others licensed pursuant to chapter 453, podiatrists licensed
pursuant to chapter 463E, dentists licensed pursuant to chapter
448, psychologists licensed pursuant to chapter 465, nurses
licensed pursuant to chapter 457, veterinarians licensed pursuant
to chapter 471, acupuncturists licensed pursuant to chapter 436E,
massage therapists licensed pursuant to chapter 452, naturopathic
physicians licensed pursuant to chapter 455, chiropractors licensed
pursuant to chapter 442, occupational therapists licensed pursuant
to chapter 457G, physical therapists licensed pursuant to chapter
461J, respiratory therapists licensed pursuant to chapter 466D,
speech pathologists or audiologists licensed pursuant to chapter
468E, and pharmacists licensed pursuant to chapter 461 who (i)
 EXHIBIT A

are providing health care services at a health care facility in

response to the COVID-19 outbreak and are authorized to do so; or
(ii) are working under the direction of the Hawai‘i Emergency
Management Agency (HIEMA) or Hawai‘i Department of Health
(HDOH) pursuant to my Proclamation issued on March 4, 2020,
Supplementary Proclamation issued on March 16, 2020, Second
Supplementary Proclamation issued on March 21, 2020, Third
Supplementary Proclamation issued on March 23, 2020, or any
Executive Order or Supplementary Proclamations related to the
COVID-19 outbreak (hereinafter collectively referred to as
Emergency Proclamations).
c. “Health care volunteer” means all volunteers or medical, nursing,
social work, pharmacy, occupational, physical, or respiratory
therapist students who do not have licensure who (i) are providing
services, assistance, or support at a health care facility in response
to the COVID-19 outbreak and are authorized to do so; or (ii) are
working under the direction of HIEMA or HDOH pursuant to my
Emergency Proclamations.
2. Pursuant to sections 127A-12(a)(5) and 663-1.5, HRS, I direct all
health care facilities, health care professionals, and health care
volunteers, as defined in section 1 of this Executive Order, to
render assistance in support of the State’s response to the disaster
recognized by the Emergency Proclamations. For health care
facilities, “rendering assistance” in support of the State’s response
includes cancelling or postponing elective surgeries and
procedures as each facility determines to be appropriate under the
circumstances presented by the COVID-19 emergency if elective
surgeries or procedures are performed at the health care facility. In
addition, for health care facilities, “rendering assistance” in support
of the State’s response must include measures such as increasing
the number of beds, preserving personal protective equipment, or

2 of 5
 EXHIBIT A

taking necessary steps to prepare to treat patients with COVID-19.

For health care professionals, “rendering assistance” in support of
the State’s response means providing health care services at a
health care facility in response to the COVID-19 outbreak, or
working under the direction of HIEMA or HDOH pursuant to the
Emergency Proclamations. For health care volunteers, “rendering
assistance” in support of the State’s response means providing
services, assistance, or support at a health care facility in response
to the COVID-19 outbreak, or working under the direction of HIEMA
or HDOH pursuant to the Emergency Proclamations.
3. Pursuant to sections 127A-9 and 127A-12(a)(5), HRS, I direct that
during the pendency of the Emergency Proclamations, health care
facilities, as defined in section 1 of this Executive Order, that in
good faith comply completely with all state and federal orders
regarding the disaster emergency, shall be immune from civil
liability for any death or injury to persons, or property damage
alleged to have been caused by any act or omission by the health
care facility, which death of or injury to persons, or property
damage occurred at a time when the health care facility was
engaged in the course of rendering assistance to the State by
providing health care services in response to the COVID-19
outbreak, unless it is established that such death or injury to
persons, or property damage was caused by willful misconduct,
gross negligence, or recklessness of the health care facility.
4. Pursuant to sections 127A-9 and 127A-12(a)(5), HRS, I direct that
during the pendency of the Emergency Proclamations, health care
professionals, as defined in section 1 of this Executive Order, who
in good faith comply completely with all state and federal orders
regarding the disaster emergency, shall be immune from civil
liability for any death or injury to persons, or property damage
alleged to have been caused by any act or omission by the health

3 of 5
 EXHIBIT A

care professional, which death of or injury to persons, or property

damage occurred at a time when the health care professional was
engaged in the course of rendering assistance to the State by
providing health care services in response to the COVID-19
outbreak, unless it is established that such death or injury to
persons, or property damage was caused by willful misconduct,
gross negligence, or recklessness of the health care professional.
5. Pursuant to sections 127A-9 and 127A-12(a)(5), Hawaii Revised
Statutes, I direct that during the pendency of the Emergency
Proclamations, any health care volunteer, as defined in section 1 of
this Executive Order, who in good faith comply completely with all
state and federal orders regarding the disaster emergency, shall be
immune from civil liability for any death of or injury to persons, or
property damage alleged to have been caused by any act or
omission by the health care volunteer at a time when the health
care volunteer was engaged in the course of rendering assistance
to the State by providing services, assistance, or support in
response to the COVID-19 outbreak, unless it is established that
such death of or injury to persons, or property damage was caused
by the wilful misconduct, gross negligence, or recklessness of the
health care volunteer.
6. Nothing in this Executive Order shall be construed to preempt or
limit any applicable immunity from civil liability available to any
health care facility, health care professional, or health care
volunteer.
7. If any provision of this Executive Order or its application to any
person or circumstance is held invalid by any court of competent
jurisdiction, this invalidity does not affect any other provision or
application of this Executive Order, which can be given effect
without the invalid provision or application. To achieve this

4 of 5
 EXHIBIT A

purpose, the provisions of this Executive order are declared to be

severable.

This order is in accordance with and incorporates by reference my

Proclamation issued on March 4, 2020; Supplementary Proclamation issued on
March 16, 2020; Second Supplementary Proclamation issued on March 21,
2020, Third Supplementary Proclamation issued on March 23, 2020, Fourth
Supplementary Proclamation issued on March 31, 2020, and Fifth
Supplementary Proclamation issued on April 16, 2020.

The provisions of this order shall remain in effect for the emergency
period, unless terminated by separate proclamation, whichever shall occur first.

Done at the State Capitol this

16th day of April, 2020

______________________________
DAVID Y. IGE
Governor of Hawai‘i

APPROVED:

____________________________
CLARE E. CONNORS
Attorney General
State of Hawai‘i

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 EXHIBIT B
U.S. Department of Homeland Security
Cybersecurity & Infrastructure Security Agency
Office of the Director
Washington, DC 20528

May 19, 2020

ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL

INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE

FROM: Christopher C. Krebs

Director
Cybersecurity and Infrastructure Security Agency (CISA)

As the Nation comes together to slow the spread of COVID-19, on March 16th the
President issued updated Coronavirus Guidance for America that highlighted the
importance of the critical infrastructure workforce.

The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of
Homeland Security’s authorities to secure critical infrastructure. Consistent with these
authorities, CISA has developed, in collaboration with other federal agencies, State and
local governments, and the private sector, an “Essential Critical Infrastructure Workforce”
advisory list. This list is intended to help State, local, tribal and territorial 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. Decisions informed by this list
should also take into consideration additional public health considerations based on the
specific COVID-19-related concerns of particular jurisdictions.

This list is advisory in nature. It is not, nor should it be considered, a federal directive
or standard. Additionally, this advisory list is not intended to be the exclusive list of
critical infrastructure sectors, workers, and functions that should continue during
the COVID-19 response across all jurisdictions. Individual jurisdictions should add
or subtract essential workforce categories based on their own requirements and
discretion.

The advisory list identifies workers who conduct a range of operations and services that are
typically essential to continued critical infrastructure viability, including staffing
operations centers, maintaining and repairing critical infrastructure, operating call centers,
working construction, and performing operational functions, among others. It also
includes workers who support crucial supply chains and enable functions for critical
infrastructure. The industries they support represent, but are not 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

1
 EXHIBIT B

State, local, tribal, and territorial governments are responsible for implementing and
executing response activities, including decisions about access and reentry, in their
communities, while the Federal Government is in a supporting role. Officials should use
their own judgment in issuing implementation directives and guidance. Similarly, while
adhering to relevant public health guidance, critical infrastructure owners and operators
are expected to use their own judgement on issues of the prioritization of business
processes and workforce allocation to best ensure continuity of the essential goods and
services they support. All decisions should appropriately balance public safety, the health
and safety of the workforce, and the continued delivery of essential critical infrastructure
services and functions. While this advisory list is meant to help public officials and
employers identify essential work functions, it allows for the reality that some workers
engaged in activity determined to be essential may be unable to perform those functions
because of health-related concerns.

CISA will continue to work with our partners in the critical infrastructure community to
update this advisory list if necessary as the Nation’s response to COVID-19 evolves.

Should you have questions about this list, please contact CISA at [email protected].

Attachment: “Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community

and National Resilience in COVID-19 Response Version 3.1”

2
 EXHIBIT
Essential Critical Infrastructure B
Workforce

Guidance on the Essential Critical Infrastructure

Workforce: Ensuring Community and National Resilience
in COVID-19 Response
Version 3.1 (May 19, 2020)

THE IMPORTANCE OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS

Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health
and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in
these times to continue operations.
This advisory guidance and accompanying list are intended to support state, local, tribal, territorial and industry
partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and
functions Americans depend on daily and that need to be able to operate resiliently during the COVID-19 pandemic
response.
This document gives advisory guidance on defining essential critical infrastructure workers. Promoting the ability of
such workers to continue to work during periods of community restriction, access management, social distancing, or
closure orders/directives is crucial to community resilience and continuity of essential functions. The term “workers”
as used in this guidance is intended to apply to both employees and contractors performing the described functions.
CISA will continually solicit and accept feedback on the list and will evolve the list in response to stakeholder feedback.
We will also use our various stakeholder engagement mechanisms to work with partners on how they are using this list
and share those lessons learned and best practices broadly. Feedback can be sent to [email protected].

CONSIDERATIONS FOR GOVERNMENT AND BUSINESS

This list was developed in consultation with federal agency partners, industry experts, and State and local officials, and
is based on several key principles:
1. Response efforts to the COVID-19 pandemic are locally executed, state managed, and federally supported.
2. Critical infrastructure workers and employers should follow guidance from the Centers for Disease Control
and Prevention (CDC), as well as state and local government officials, regarding strategies to limit disease
spread.
3. Employers must comply with applicable Occupational Safety and Health Administration (OSHA) requirements
for protecting critical infrastructure workers who remain on or return to the job during the COVID-19
pandemic. As the nation relies on these workers to protect public health, safety, and community well-being,
they must be protected from exposure to and infection with the virus so that they can continue to carry out
their responsibilities. OSHA has guidance and enforcement information for workplaces at
www.osha.gov/coronavirus.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

4. Businesses and government agencies may continue to implement organization-specific measures, which
protect the workforce while meeting mission needs.
5. Workers should be encouraged to work remotely when possible and focus on core business activities. In-
person, non-mandatory activities should be delayed until the resumption of normal operations.
6. When continuous remote work is not possible, businesses should enlist strategies to reduce the likelihood of
spreading the disease. This includes, but is not limited to, physically separating staff, staggering work shift
hours or days, and other social distancing measures. While the CDC recommends that everyone wear a cloth
face cover to contain respiratory droplets when around others, critical infrastructure employers must consider
how best to implement this public health recommendation for source control in the workplace. For example,
employers may provide disposable facemasks (e.g., surgical masks) instead of cloth face coverings when
workers would need to wear masks for extended periods of time (e.g., the duration of a work shift) or while
performing tasks in which the face covering could become contaminated.
7. Consider the impact of workplace sick leave policies that may contribute to an employee decision to delay
reporting medical symptoms. Sick employees should not return to the workplace until they meet the criteria to
stop home isolation.
8. Critical infrastructure employers have an obligation to limit to the extent possible the reintegration of in-
person workers who have experienced an exposure to COVID-19 but remain asymptomatic in ways that best
protect the health of the worker, their co-workers, and the general public. An analysis of core job tasks and
workforce availability at worksites can allow the employer to match core activities to other equally skilled and
available in-person workers who have not experienced an exposure. CDC guidance on safety practices for
critical infrastructure workers is maintained at https://www.cdc.gov/coronavirus/2019-
ncov/community/critical- workers/implementing-safety-practices.html
9. All organizations should implement their business continuity and pandemic plans or put plans in place if they
do not exist. Delaying implementation is not advised and puts at risk the viability of the business and the
health and safety of the workers.
10. Reliance on technology and just-in-time supply chains means that certain workers must be able to access
certain sites, facilities, and assets to ensure continuity of functions. The vast majority of our economy relies on
technology and therefore information technology (IT) and operational technology (OT) workers for critical
infrastructure operations are essential. This includes workers in many roles, including workers focusing on
management systems, control systems, and Supervisory Control and Data Acquisition (SCADA) systems, and
data centers; cybersecurity engineering; and cybersecurity risk management.
11. Government workers, such as emergency managers, and the business community need to establish and
maintain lines of communication.
12. Essential critical infrastructure workers need continued and unimpeded access to sites, facilities, and
equipment within quarantine zones, containment areas, areas under curfew restrictions, or other areas
where access or movement is limited to perform functions for community relief and stability; for public
safety, security and health; for maintaining essential supply chains and preserving local, regional, and
national economic well-being.
13. Whenever possible, local governments should consider adopting specific state guidance on essential workers
to reduce potential complications of workers crossing jurisdictional boundaries. When this is not possible,
local jurisdictions should consider aligning access and movement control policies with neighboring
jurisdictions to reduce the burden of cross-jurisdictional movement of essential critical infrastructure workers.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

IDENTIFYING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS

The following list of identified essential critical infrastructure workers is intended to be overly inclusive reflecting the
diversity of industries across the United States.

HEALTHCARE / PUBLIC HEALTH

• Workers, including laboratory personnel, that perform critical clinical, biomedical and other research,
development, and testing needed for COVID-19 or other diseases.
• Healthcare providers including, but not limited to, physicians; dentists; psychologists; mid-level
practitioners; nurses; assistants and aids; infection control and quality assurance personnel;
phlebotomists; pharmacists; physical, respiratory, speech and occupational therapists and assistants;
social workers; optometrists; speech pathologists; chiropractors; diagnostic and therapeutic
technicians; and radiology technologists.
• Workers required for effective clinical, command, infrastructure, support service, administrative, security,
and intelligence operations across the direct patient care and full healthcare and public health spectrum.
Personnel examples may include, but are not limited, to accounting, administrative, admitting and
discharge, engineering, accrediting, certification, licensing, credentialing, epidemiological, source plasma
and blood donation, food service, environmental services, housekeeping, medical records, information
technology and operational technology, nutritionists, sanitarians, etc.
o Emergency medical services workers.
o Prehospital workers included but not limited to urgent care workers.
o Inpatient & hospital workers (e.g. hospitals, critical access hospitals, long-term acute care
hospitals, long-term care facilities including skilled nursing facilities, inpatient hospice, ambulatory
surgical centers, etc.).
o Outpatient care workers (e.g. end-stage-renal disease practitioners and staff, Federally Qualified
Health Centers, Rural Health Clinics, community mental health clinics, organ
transplant/procurement centers, and other ambulatory care settings/providers, comprehensive
outpatient rehabilitation facilities, etc.).
o Home care workers (e.g. home health care, at-home hospice, home dialysis, home infusion, etc.).
o Workers at Long-term care facilities, residential and community-based providers (e.g. Programs
of All-Inclusive Care for the Elderly (PACE), Intermediate Care Facilities for Individuals with
Intellectual Disabilities, Psychiatric Residential Treatment Facilities, Religious Nonmedical Health
Care Institutions, etc.).
o Workplace safety workers (i.e., workers who anticipate, recognize, evaluate, and control
workplace conditions that may cause workers' illness or injury).

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• Workers needed to support transportation to and from healthcare facility and provider appointments.
• Workers needed to provide laundry services, food services, reprocessing of medical equipment,
and waste management.
• Workers that manage health plans, billing, and health information and who cannot work remotely.
• Workers performing cybersecurity functions at healthcare and public health facilities and who cannot
work remotely.
• Workers performing security, incident management, and emergency operations functions at or on behalf
of healthcare entities including healthcare coalitions, who cannot practically work remotely.
• Vendors and suppliers (e.g. imaging, pharmacy, oxygen services, durable medical equipment, etc.).
• Workers at manufacturers (including biotechnology companies and those companies that have shifted
production to medical supplies), materials and parts suppliers, technicians, logistics and warehouse
operators, printers, packagers, distributors of medical products and equipment (including third party
logistics providers, and those who test and repair), personal protective equipment (PPE), isolation
barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs), dietary
supplements, commercial health products, blood and blood products, vaccines, testing materials,
laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies (including dispensers),
sanitary goods, personal care products, pest control products, and tissue and paper towel products.
• Donors of blood, bone marrow, blood stem cell, or plasma, and the workers of the organizations that
operate and manage related activities.
• Pharmacy staff, including workers necessary to maintain uninterrupted prescription, and other workers
for pharmacy operations.
• Workers in retail facilities specializing in medical good and supplies.
• Public health and environmental health workers, such as:
o Workers specializing in environmental health that focus on implementing environmental controls,
sanitary and infection control interventions, healthcare facility safety and emergency
preparedness planning, engineered work practices, and developing guidance and protocols for
appropriate PPE to prevent COVID-19 disease transmission.
o Public health/ community health workers (including call center workers) who conduct community-
based public health functions, conducting epidemiologic surveillance and compiling, analyzing,
and communicating public health information, who cannot work remotely.
• Human services providers, especially for at risk populations such as:
o Home delivered meal providers for older adults, people with disabilities, and others with chronic
health conditions.
o Home-maker services for frail, homebound, older adults.
o Personal assistance services providers to support activities of daily living for older adults, people
with disabilities, and others with chronic health conditions who live independently in the
community with supports and services.
o Home health providers who deliver health care services for older adults, people with disabilities,
and others with chronic health conditions who live independently in the community with supports
and services.
o Workers who provide human services, including but not limited to social workers, nutritionists,
case managers or case workers, crisis counselors, foster care case managers, adult protective
services personnel, child protective personnel, domestic violence counselors, human trafficking
prevention and recovery personnel, behavior specialists, substance abuse-related counselors,
and peer support counselors.

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• Government entities, and contractors that work in support of local, state, federal, tribal, and territorial
public health and medical mission sets, including but not limited to supporting access to healthcare
and associated payment functions, conducting public health functions, providing medical care,
supporting emergency management, or other services necessary for supporting the COVID-19
response.
• Workers for providers and services supporting effective telehealth.
• Mortuary service providers, such as:
o Workers performing mortuary funeral, cremation, burial, cemetery, and related services,
including funeral homes, crematoriums, cemetery workers, and coffin makers.
o 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 mental and behavioral health services to
the family members, responders, and survivors of an incident.

LAW ENFORCEMENT, PUBLIC SAFETY, AND OTHER FIRST RESPONDERS

• Public, private, and voluntary personnel (front-line and management, civilian and sworn) in emergency
management, law enforcement, fire and rescue services, emergency medical services (EMS), and
security, public and private hazardous material responders, air medical service providers (pilots and
supporting technicians), corrections, and search and rescue personnel.
• Personnel involved in provisioning of access to emergency services, including the provisioning of real-time
text, text-to-911, and dialing 911 via relay.
• Personnel that are involved in the emergency alert system (EAS) ((broadcasters, satellite radio and
television, cable, and wireline video) and wireless emergency alerts (WEA).
• Workers at Independent System Operators and Regional Transmission Organizations, and Network
Operations staff, engineers and technicians to manage the network or operate facilities.
• Workers at emergency communication center, public safety answering points, public safety
communications centers, emergency operation centers, and 911 call centers.
• Fusion Center workers.
• Workers, including contracted vendors, who maintain, manufacture, or supply equipment and services
supporting law enforcement, fire, EMS, and response operations (to include electronic security and life
safety security personnel).
• Workers and contracted vendors who maintain and provide services and supplies to public safety
facilities, including emergency communication center, public safety answering points, public safety
communications centers, emergency operation centers, fire and emergency medical services stations,
police and law enforcement stations and facilities.
• Workers supporting the manufacturing, distribution, and maintenance of necessary safety equipment and
uniforms for law enforcement and all public safety personnel.
• Workers supporting the operation of firearm, or ammunition product manufacturers, retailers, importers,
distributors, and shooting ranges.
• Public agency workers responding to abuse and neglect of children, spouses, elders, and dependent
adults.
• Workers who support weather disaster and natural hazard mitigation and prevention activities.
• Security staff to maintain building access control and physical security measures.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

FOOD AND AGRICULTURE

• Workers enabling the sale of human food, animal food (includes pet food, animal feed, and raw
materials and ingredients), pet supply, and beverage products at groceries, pharmacies, convenience
stores, and other retail (including unattended and vending), including staff in retail customer support
and information technology support necessary for on-line orders, pickup, and delivery.
• Restaurant and quick serve food operations, including dark kitchen and food prep centers, carry-
out, and delivery food workers.
• Food manufacturer workers and their supplier workers including those employed at food ingredient
production and processing facilities; aquaculture and seafood harvesting facilities; slaughter and
processing facilities for livestock, poultry, and seafood; animal food manufacturing and processing
facilities; human food facilities producing by- products for animal food; industrial facilities producing co-
products for animal food; beverage production facilities; and the production of food packaging.
• Farmers, farm and ranch workers, and agribusiness support services, including workers involved in
auction and sales; in food operations, including animal food, grain and oilseed storage, handling,
processing, and distribution; in ingredient production, packaging, and distribution; in manufacturing,
packaging, and distribution of veterinary drugs and biologics (e.g., vaccines); and in distribution and
transport.
• Farmers, farm and ranch workers, and support service and supplier workers producing food supplies
and other agricultural inputs for domestic consumption and export, to include those engaged in raising,
cultivating, phytosanitation, harvesting, packing, storing, or distributing to storage or to market or to a
transportation mode to market any agricultural or horticultural commodity for human or animal
consumption.
• Workers at fuel ethanol facilities, biodiesel and renewable diesel facilities, and storage facilities.
• Workers and firms supporting the distribution of all human and animal food and beverage and
ingredients used in these products, including warehouse workers, vendor-managed inventory controllers,
and blockchain managers.
• Workers supporting the sanitation and pest control of all human and animal food manufacturing
processes and operations from wholesale to retail.
• Workers supporting greenhouses as well as the growth and distribution of plants and associated products
for home gardens.
• Workers in cafeterias used to feed workers, particularly worker populations sheltered against COVID-19
and those designated as essential critical infrastructure workers.
• Workers in animal diagnostic and food testing laboratories.
• Government, private, and non-governmental organizations’ workers essential for food assistance
programs (including school lunch programs) and government payments.
• Workers of companies engaged in the production, storage, transport, and distribution of chemicals,
drugs, biologics (e.g. vaccines), and other substances used by the human and agricultural food and
agriculture industry, including seeds, pesticides, herbicides, fertilizers, minerals, enrichments,
equipment, and other agricultural production aids.
• Animal agriculture workers to include those employed in veterinary health (including those involved in
supporting emergency veterinary or livestock services); raising, caring for and management of animals for
food, as well as pets; animal production operations; livestock markets; slaughter and packing plants,
manufacturers, renderers, and associated regulatory and government workforce.

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• Transportation workers supporting animal agricultural industries, including movement of animal medical
and reproductive supplies and materials, animal biologics (e.g., vaccines), animal drugs, animal food
ingredients, animal food and bedding, live animals, and deceased animals for disposal.
• Workers who support sawmills and the manufacture and distribution of fiber and forestry products,
including, but not limited to timber, paper, and other wood and fiber products, as well as manufacture
and distribution of products using agricultural commodities.
• Workers engaged in the manufacture and maintenance of equipment and other infrastructure necessary
for agricultural production and distribution.

ENERGY
• Workers supporting the energy sector, regardless of the energy source (including, but not limited to,
nuclear, fossil, hydroelectric, or renewable), segment of the system, or infrastructure the worker is
involved in, who are needed to construct, manufacture, repair, transport, permit, monitor, operate
engineer, and maintain the reliability, safety, security, environmental health, and physical and cyber
security of the energy system, including those who support construction, manufacturing, transportation,
permitting, and logistics.
• Workers and contractors supporting energy facilities that provide steam, hot water or chilled water from
central power plants to connected customers.
• Workers conducting energy/commodity trading/scheduling/marketing functions who can't perform their
duties remotely.
• Workers supporting the energy sector through renewable energy infrastructure (including, but not limited
to, wind, solar, biomass, hydrogen, ocean, geothermal, and hydroelectric) and microgrids, including those
supporting construction, manufacturing, transportation, permitting, operation and maintenance,
monitoring, and logistics.
• Workers and security staff involved in nuclear re-fueling operations.
• Workers providing services related to energy sector fuels (including, but not limited to, petroleum (crude
oil), natural gas, propane, liquefied natural gas (LNG), compressed natural gas (CNG), natural gas liquids
(NGL), other liquid fuels, nuclear, and coal) and supporting the mining, processing, manufacturing,
construction, logistics, transportation, permitting, operation, maintenance, security, waste disposal,
storage, and monitoring of support for resources.
• Workers providing environmental remediation and monitoring, limited to immediate critical needs
technicians.
• Workers involved in the manufacturing and distribution of equipment, supplies, and parts necessary to
maintain production, maintenance, restoration, and service at energy sector facilities across all energy
sector segments.

Electricity Industry
• Workers who maintain, ensure, restore, or who are involved in the development, transportation, fuel
procurement, expansion, or operation of, the generation, transmission, and distribution of electric power,
including call centers, utility workers, engineers, retail electricity, construction, maintenance, utility
telecommunications, relaying, and fleet maintenance technicians who cannot perform their duties
remotely.
• Workers at coal mines, production facilities, and those involved in manufacturing, transportation,
permitting, operation, maintenance, and monitoring at coal sites.

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EXHIBIT B

• Workers who produce, process, ship, and handle coal used for power generation and manufacturing.
• Workers in the electricity industry including but not limited to those supporting safety, construction,
manufacturing, transportation, permitting, operation/maintenance, engineering, physical and cyber
security, monitoring, and logistics
• Workers needed for safe and secure operations at nuclear generation including, but not limited to, those
critical to the broader nuclear supply chain, the manufacture and delivery of parts needed to maintain
nuclear equipment, the operations of fuel manufacturers, and the production and processing of fuel
components used in the manufacturing of fuel.
• Workers at fossil fuel (including but not limited to natural gas, refined, distillate, and/or coal), nuclear,
and renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen,
geothermal, and hydroelectric), and microgrids, including those supporting safety, construction,
manufacturing, transportation, permitting, operation, maintenance, monitoring, and logistics.
• Workers at generation, transmission, and electric black start facilities.
• Workers at Reliability Coordinator, Balancing Authority, local distribution control centers, and primary and
backup Control Centers, including, but not limited to, independent system operators, regional
transmission organizations, and local distribution control centers.
• Workers that are mutual assistance/aid personnel, which may include workers from outside of the state
or local jurisdiction.
• Vegetation management and traffic control for supporting those crews.
• Instrumentation, protection, and control technicians.
• Essential support personnel for electricity operations.
• Generator set support workers, such as diesel engineers used in power generation, including those
providing fuel.
Petroleum Industry
• Workers who support onshore and offshore petroleum drilling operations; platform and drilling
construction and maintenance; transportation (including helicopter operations), maritime transportation,
supply, and dredging operations; maritime navigation; well stimulation, intervention, monitoring,
automation and control, extraction, production; processing; waste disposal, and maintenance,
construction, and operations.
• Workers in the petroleum industry including but not limited to those supporting safety, construction,
manufacturing, transportation, permitting, operation/maintenance, engineering, physical and cyber
security, monitoring, and logistics.
• Workers for crude oil, petroleum, and petroleum product storage and transportation, including pipeline,
marine transport, terminals, rail transport, storage facilities, racks, and road transport for use as end- use
fuels such as gasoline, diesel fuel, jet fuel, and heating fuels or feedstocks for chemical manufacturing.
• Petroleum and petroleum product security operations center workers and workers who support
maintenance and emergency response services.
• Petroleum and petroleum product operations control rooms, centers, and refinery facilities.
• Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them.
• Supporting new and existing construction projects, including, but not limited to, pipeline construction.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

• Manufacturing and distribution of equipment, supplies, and parts necessary for production, maintenance,
restoration, and service of petroleum and petroleum product operations and use, including end-users.
• Transmission and distribution pipeline workers, including but not limited to pump stations and any other
required, operations maintenance, construction, and support for petroleum products.
Natural Gas, Natural Gas Liquids (NGL), Propane, and Other Liquid Fuels
• Workers who support onshore and offshore drilling operations, platform and drilling construction and
maintenance; transportation (including helicopter operations); maritime transportation, supply, and
dredging operations; maritime navigation; natural gas and natural gas liquid production, processing,
extraction, storage and transportation; well intervention, monitoring, automation and control; waste
disposal, and maintenance, construction, and operations.
• Workers in the natural gas, NGL, propane, and other liquid fuels industries including but not limited to
those supporting safety, construction, manufacturing, transportation, permitting, operation/maintenance,
engineering, physical and cyber security, monitoring, and logistics.
• Transmission and distribution pipeline workers, including compressor stations and any other required
operations maintenance, construction, and support for natural gas, natural gas liquid, propane, and other
liquid fuels.
• Workers at Liquefied Natural Gas (LNG) and Compressed Natural Gas (CNG) facilities.
• Workers at natural gas, propane, natural gas liquids, liquified natural gas, liquid fuel storage facilities,
underground facilities, and processing plants and other related facilities, including construction,
maintenance, and support operations personnel.
• Natural gas processing plants workers and those who deal with natural gas liquids.
• Workers who staff natural gas, propane, natural gas liquids, and other liquid fuel security operations
centers, operations dispatch and control rooms and centers, and emergency response and customer
emergencies (including leak calls) operations.
• Workers supporting drilling, production, processing, refining, and transporting natural gas, propane,
natural gas liquids, and other liquid fuels for use as end-use fuels, feedstocks for chemical
manufacturing, or use in electricity generation.
• Workers supporting propane gas service maintenance and restoration, including call centers.
• Workers supporting propane, natural gas liquids, and other liquid fuel distribution centers.
• Workers supporting propane gas storage, transmission, and distribution centers.
• Workers supporting new and existing construction projects, including, but not limited to, pipeline
construction.
• Workers supporting ethanol and biofuel production, refining, and distribution.
• Workers in fuel sectors (including, but not limited to nuclear, coal, and gas types and liquid fuels)
supporting the mining, manufacturing, logistics, transportation, permitting, operation, maintenance, and
monitoring of support for resources.
• Workers ensuring, monitoring, and engaging in the physical security of assets and locations associated
with natural gas, propane, natural gas liquids, and other liquid fuels.
• Workers involved in the manufacturing and distribution of equipment, supplies, and parts necessary to
maintain production, maintenance, restoration, and service of natural gas, propane, natural gas liquids,
and other liquid fuels operations and use, including end-users.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

WATER AND WASTEWATER

Workers needed to operate and maintain drinking water and wastewater and 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,
including field staff.
• Operational staff for water distribution and testing.
• Operational staff at wastewater collection facilities.
• Operational staff and technical support for SCADA Control systems.
• Laboratory staff performing water sampling and analysis.
• Suppliers and manufacturers of chemicals, equipment, personal protection equipment, and goods and
services for water and wastewater systems.
• Workers who maintain digital systems infrastructure supporting water and wastewater operations.

TRANSPORTATION AND LOGISTICS

• Workers supporting or enabling transportation and logistics functions, including truck drivers, bus drivers,
dispatchers, maintenance and repair technicians, warehouse workers, third party logisticians, truck stop
and rest area workers, driver training and education centers, Department of Motor Vehicle (DMV)
workers, enrollment agents for federal transportation worker vetting programs, towing and recovery
services, roadside assistance workers, intermodal transportation personnel, and workers that construct,
maintain, rehabilitate, and inspect infrastructure, including those that require cross-jurisdiction travel.).
• Workers supporting the distribution of food, fuels, pharmaceuticals and medical material (including
materials used in radioactive drugs), and chemicals needed for water or water treatment and energy
maintenance.
• Workers supporting operation of essential highway infrastructure, including roads, bridges, and tunnels
(e.g., traffic operations centers and moveable bridge operators).
• Workers of firms providing services, supplies, and equipment that enable warehouse and operations,
including cooling, storing, packaging, and distributing products for wholesale or retail sale or use,
including cold- and frozen-chain logistics for food and critical biologic products.
• Mass transit workers providing critical transit services and performing critical or routine maintenance to
mass transit infrastructure or equipment.
• Workers supporting personal and commercial transportation services including taxis, delivery services,
vehicle rental services, bicycle maintenance and car-sharing services, and transportation network
providers.
• Workers, including police, responsible for operating and dispatching passenger, commuter, and freight
trains and maintaining rail infrastructure and equipment.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

• Maritime transportation workers, including port authority and commercial facility personnel, dredgers, port
workers, security personnel, mariners, ship crewmembers, ship pilots, tugboat operators, equipment
operators (to include maintenance and repair, and maritime-specific medical providers), ship supply
workers, chandlers, and repair company workers. Refer to the United States Coast Guard’s Marine Safety
Information Bulletin “Maintaining Maritime Commerce and Identification of Essential Maritime Critical
Infrastructure Workers” for more information.
• Workers, including truck drivers, railroad employees, maintenance crews, and cleaners, supporting
transportation of chemicals, hazardous, medical, and waste materials that support critical infrastructure,
capabilities, functions, and services, including specialized carriers, crane and rigging industry workers.
• Bus drivers and workers who provide or support intercity, commuter, and charter bus service in support of
other essential services or functions, including school bus drivers.
• Vehicle repair, maintenance, and transportation equipment manufacturing and distribution facilities
• Workers who support the construction and maintenance of electric vehicle charging stations.
• Transportation safety inspectors, including hazardous material inspectors and accident investigator
inspectors.
• Manufacturers and distributors (to include service centers and related operations) of lighting and
communication systems, specialized signage and structural systems, emergency response equipment
and support materials, printers, printed materials, packaging materials, pallets, crates, containers, and
other supplies needed to support manufacturing, packaging staging and distribution operations, and
other critical infrastructure needs.
• Postal Service, parcel, courier, last-mile delivery, and shipping and related workers, to include private
companies, who accept, process, transport, and deliver information and goods.
• Workers who supply equipment and materials for maintenance of transportation equipment.
• Workers who repair and maintain vehicles, aircraft, rail equipment, marine vessels, bicycles, and the
equipment and infrastructure that enables operations that encompass movement of cargo and
passengers.
• Workers who support air transportation for cargo and passengers, including operation distribution,
maintenance, and sanitation. This includes air traffic controllers, flight dispatchers, maintenance
personnel, ramp workers, fueling agents, flight crews, airport safety inspectors and engineers, airport
operations personnel, aviation and aerospace safety workers, security, commercial space personnel,
operations personnel, accident investigators, flight instructors, and other on- and off-airport facilities
workers.
• Workers supporting transportation via inland waterways, such as barge crew, dredging crew, and river port
workers for essential goods.
• Workers critical to the manufacturing, distribution, sales, rental, leasing, repair, and maintenance of
vehicles and other equipment (including electric vehicle charging stations) and the supply chains that
enable these operations to facilitate continuity of travel-related operations for essential workers.
• Warehouse operators, including vendors and support personnel critical for business continuity (including
heating, ventilation, and air conditioning (HVAC) and electrical engineers, security personnel, and
janitorial staff), e-commerce or online commerce, and customer service for essential functions.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

PUBLIC WORKS AND INFRASTRUCTURE SUPPORT SERVICES

• Workers who support the construction, maintenance, or rehabilitation of critical infrastructure.
• Workers supporting construction materials production, testing laboratories, material delivery services,
and construction inspection.
• 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
critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried
utilities, maintenance of digital systems infrastructure supporting public works operations, and other
emergent issues.
• Workers such as plumbers, electricians, exterminators, builders (including building and insulation),
contractors, HVAC Technicians, landscapers, and other service providers who provide services, including
temporary construction, that are necessary to maintaining the safety, sanitation, and essential operation of
residences, businesses and buildings, such as hospitals and senior living facilities.
• Workers personnel, who support operations that ensure, the availability of and access to needed
facilities, transportation, energy, and communications through activities such as road and line clearing.
• Workers who support the effective removal, storage, and disposal of residential, industrial, and
commercial solid waste and hazardous waste, including at landfill operations.
• Workers who support the operation, inspection, and maintenance of essential dams, locks, and levees.
• Workers who support the inspection and maintenance of aids to navigation and other government-
provided services that ensure continued maritime commerce.

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, Internet Exchange Points, Points of Presence,
Network Access Points, back haul and front haul facilities, and manufacturers and distributors of
communications equipment.
• Government and private sector workers, including government contractors, with work related to undersea
cable infrastructure and support facilities, including cable landing sites, beach manhole vaults and
covers, submarine cable depots, and submarine cable ship facilities.
• Government and private sector workers, including government contractors, supporting Department of
Defense internet and communications facilities.
• Network Operations staff, engineers, and technicians to include IT managers and staff, HVAC and
electrical engineers, security personnel, software and hardware engineers, and database administrators
that manage the network or operate facilities.
• Workers responsible for infrastructure construction and restoration, including but not limited to
engineers, technicians, and contractors for construction and engineering of fiber optic cables, buried
conduit, small cells, other wireless facilities, and other communications sector-related infrastructure. This
includes permitting, construction of new facilities, and deployment of new technology as required to
address congestion or customer usage due to unprecedented use of remote services.
• Installation, maintenance, and repair technicians that establish, support, or repair service as needed.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

• Central office personnel to maintain and operate central office, data centers, and other network office
facilities, including critical support personnel assisting front line workers.
• Customer service and support staff, including managed and professional services, as well as remote
providers of support to transitioning workers to set up and maintain home offices, who interface with
customers to manage or support service environments and security issues including payroll, billing, fraud,
logistics, and troubleshooting.
• Workers providing electronic security, fire, monitoring, and life safety services, and who ensure physical
security, cleanliness, and the safety of facilities and personnel, including those who provide temporary
licensing waivers for security personnel to work in other States or Municipalities.
• Dispatchers involved with service repair and restoration.
• Retail customer service personnel at critical service center locations to address customer needs,
including new customer processing, distributing and repairing equipment, and addressing customer
issues, in order to support individuals’ remote emergency communications needs.
• Supply chain and logistics personnel to ensure goods and products are available to provision these front-
line workers.
• External Affairs personnel to assist in coordinating with local, state, and federal officials to address
communications needs supporting COVID-19 response, public safety, and national security.
• Workers responsible for ensuring that persons with disabilities have access to and the benefits of various
communications platforms, including those involved in the provision of telecommunication relay services,
closed captioning of broadcast television for the deaf, video relay services for deaf citizens who prefer
communication via American Sign Language over text, and audio-description for television programming.

Information Technology
• Workers who support command centers, including, but not limited to, Network Operations Command
Centers, Broadcast Operations Control Centers, and Security Operations Command Centers.
• Data center operators, including system administrators, HVAC and electrical engineers, security
personnel, IT managers and purchasers, data transfer solutions engineers, software and hardware
engineers, and database administrators for all industries, including financial services.
• Workers who support client service centers, field engineers, and other technicians and workers
supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide
hardware and software, support services, research and development, information technology equipment
(to include microelectronics and semiconductors), HVAC and electrical equipment for critical
infrastructure, and test labs and certification agencies that qualify such equipment (to include
microelectronics, optoelectronics, and semiconductors) for critical infrastructure, including data centers.
• Workers needed to preempt and respond to cyber incidents involving critical infrastructure, including
medical facilities; state, local, tribal, and territorial (SLTT) governments and federal facilities; energy and
utilities; banks and financial institutions; securities and other exchanges; other entities that support the
functioning of capital markets, public works, critical manufacturing, food, and agricultural production;
transportation; and other critical infrastructure categories and personnel, in addition to all cyber defense
workers who can't perform their duties remotely.
• Suppliers, designers, transporters, and other workers supporting the manufacture, distribution, provision,
and construction of essential global, national, and local infrastructure for computing services (including
cloud computing services and telework capabilities), business infrastructure, financial transactions and
services, web-based services, and critical manufacturing.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

• Workers supporting communications systems, information technology, and work from home solutions
used by law enforcement, public safety, medical, energy, public works, critical manufacturing, food and
agricultural production, financial services, education, and other critical industries and businesses.
• Workers required in person to support Software as a Service businesses that enable remote working,
performance of business operations, distance learning, media services, and digital health offerings, or
required for technical support crucial for business continuity and connectivity.

OTHER COMMUNITY- OR GOVERNMENT-BASED OPERATIONS AND ESSENTIAL

FUNCTIONS
• Workers to ensure continuity of building functions, including but not limited to security and environmental
controls (e.g., HVAC), the manufacturing and distribution of the products required for these functions, and
the permits and inspections for construction supporting essential infrastructure.
• Elections personnel to include both public and private sector elections support.
• Workers supporting the operations of the judicial system, including judges, lawyers, and others providing
legal assistance.
• Workers who support administration and delivery of unemployment insurance programs, income
maintenance, employment service, disaster assistance, workers’ compensation insurance and benefits
programs, and pandemic assistance.
• Federal, State, and Local, Tribal, and Territorial government workers who support Mission Essential
Functions and communications networks.
• Trade Officials (FTA negotiators; international data flow administrators).
• Workers who support radio, print, internet and television news and media services, including, but not
limited to front line news reporters, studio, and technicians for newsgathering, reporting, and publishing
news.
• Workers supporting Census 2020.
• Weather forecasters.
• Clergy for essential support.
• Workers who maintain digital systems infrastructure supporting other critical government operations.
• Workers who support necessary permitting, credentialing, vetting, and licensing for essential critical
infrastructure workers and their operations.
• Customs and immigration 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.
• Workers at testing centers for emergency medical services and other healthcare workers.
• Staff at government offices who perform title search, notary, and recording services in support of
mortgage and real estate services and transactions.
• Residential and commercial real estate services, including settlement services.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

• Workers supporting essential maintenance, manufacturing, design, operation, inspection,

security, and construction for essential products, services, supply chain, and COVID-19 relief
efforts.
• Workers performing services to animals in human care, including zoos and aquariums.
• Engineers performing or supporting safety inspections.
• Veterinary nurses, technicians, veterinarians, and other services supporting individuals and
organizations with service animals, search and rescue dogs, and support animals.
• Workers providing dependent care services, including childcare, eldercare, and other service providers
necessary to maintain a comprehensive, supportive environment for individuals and caregivers
needing these services.

CRITICAL MANUFACTURING
• Workers necessary for the manufacturing of metals (including steel and aluminum), industrial minerals,
semiconductors, materials and products needed for medical supply chains and for supply chains
associated with transportation, aerospace, energy, communications, information technology, food and
agriculture, chemical manufacturing, nuclear facilities, wood products, commodities used as fuel for
power generation facilities, the operation of dams, water and wastewater treatment, processing and
reprocessing of solid waste, emergency services, and the defense industrial base. Additionally, workers
needed to maintain the continuity of these manufacturing functions and associated supply chains, and
workers necessary to maintain a manufacturing operation in warm standby.
• Workers necessary for the manufacturing of materials and products needed to manufacture medical
equipment, PPE, and sanctioned substitutes for PPE.
• Workers necessary for mining and production of critical minerals, materials and associated essential
supply chains, and workers engaged in the manufacture and maintenance of equipment and other
infrastructure necessary for mining production and distribution.
• Workers who produce or manufacture parts or equipment that supports continued operations for any
essential services and increase in remote workforce, including computing and communication devices,
semiconductors, and equipment such as security tools for Security Operations Centers (SOCs) or data
centers.
• Workers manufacturing or providing parts and equipment that enable the maintenance and continued
operation of essential businesses and facilities.

HAZARDOUS MATERIALS
• Workers who manage hazardous materials associated with any other essential activity, including but not
limited to healthcare waste (medical, pharmaceuticals, medical material production, and testing
operations from laboratories processing and testing kits) and energy (including nuclear facilities).
• Workers who support hazardous materials response and cleanup.
• Workers who maintain digital systems infrastructure supporting hazardous materials management
operations.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

FINANCIAL SERVICES
• Workers who are needed to provide, process, and maintain systems for processing, verification, and
recording of financial transactions and services, including payment, clearing, and settlement; wholesale
funding; insurance services; consumer and commercial lending; public accounting; and capital markets
activities.
• Workers who are needed to maintain orderly market operations to ensure the continuity of financial
transactions and services.
• Workers who are needed to provide business, commercial, and consumer access to bank and non-bank
financial services and lending services, including ATMs, lending and money transmission, lockbox
banking, and to move currency, checks, securities, and payments (e.g., armored cash carriers).
• Workers who support financial operations and those staffing call centers, such as those staffing data and
security operations centers, managing physical security, or providing accounting services.
• Workers supporting production and distribution of debit and credit cards.
• Workers providing electronic point of sale support personnel for essential businesses and workers.
• Workers who support law enforcement requests and support regulatory compliance efforts critical to
national security, such as meeting anti-money laundering and countering terrorist financing and sanctions
screening requirements.

CHEMICAL
• Workers supporting the chemical and industrial gas supply chains, including workers at chemical
manufacturing plants, laboratories, distribution facilities, and workers who transport basic raw chemical
materials to the producers of industrial and consumer goods, including hand sanitizers, food and food
additives, pharmaceuticals, paintings and coatings, textiles, building materials, plumbing, electrical, 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, PPE, chemical consumer
and institutional products, disinfectants, fragrances, 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 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 (including those in glass container manufacturing) 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.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

DEFENSE INDUSTRIAL BASE

• Workers who support the essential services required to meet national security commitments to the
federal government and U.S. Military, including, but are not limited to, space and aerospace workers,
nuclear matters workers, mechanical and software engineers (various disciplines), manufacturing and
production workers, IT support, security staff, security personnel, intelligence support, aircraft and
weapon system mechanics and maintainers, and sanitary workers who maintain the hygienic viability of
necessary facilities.
• Personnel working for companies, and their subcontractors, who perform under contract or sub-contract
to the Department of Defense (DoD) and the Department of Energy (DoE) (on nuclear matters), as well as
personnel at government owned/government operated and government-owned/contractor operated
facilities, and who provide materials and services to DoE (on nuclear matters) and the DoD, including
support for weapon systems, software systems and cybersecurity, defense and intelligence
communications, surveillance, sale of U.S. defense articles and services for export to foreign allies and
partners (as authorized by the U.S. government), and space systems and other activities in support of our
military, intelligence, and space forces.

COMMERCIAL FACILITIES
• Workers who support the supply chain of building materials from production through application and
installation, including cabinetry, fixtures, doors, cement, hardware, plumbing (including parts and
services), electrical, heating and cooling, refrigeration, appliances, paint and coatings, and workers who
provide services that enable repair materials and equipment for essential functions.
• Workers supporting ecommerce of essential goods through distribution, warehouse, call center facilities,
and other essential operational support functions, that accept, store, and process goods, and that
facilitate their transportation and delivery.
• Workers in retail and non-retail businesses – and necessary merchant wholesalers and distributors -
necessary to provide access to hardware and building materials, consumer electronics, technology
products, appliances, emergency preparedness supplies, home exercise and fitness supplies, and
home school instructional supplies.
• Workers distributing, servicing, repairing, installing residential and commercial HVAC systems, boilers,
furnaces and other heating, cooling, refrigeration, and ventilation equipment.
• Workers supporting the operations of commercial buildings that are critical to safety, security, and the
continuance of essential activities, such as on-site property managers, building engineers, security staff,
fire safety directors, janitorial personnel, and service technicians (e.g., mechanical, HVAC, plumbers,
electricians, and elevator).
• Management and staff at hotels and other temporary lodging facilities that provide for COVID-19
mitigation, containment, and treatment measures or provide accommodations for essential workers.

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 Essential Critical Infrastructure Workforce
EXHIBIT B

RESIDENTIAL/SHELTER FACILITIES, HOUSING AND REAL ESTATE, AND RELATED

SERVICES
• Workers who support food, shelter, and social services, and other necessities of life for needy groups and
individuals, including in-need populations and COVID-19 responders, including travelling medical staff.
• Workers in animal shelters.
• Workers responsible for the leasing of residential properties to provide individuals and families with ready
access to available housing.
• Workers responsible for handling property management, maintenance, and related service calls who can
coordinate the response to emergency “at-home” situations requiring immediate attention, as well as
facilitate the reception of deliveries, mail, and other necessary services.
• Workers performing housing and commercial construction related activities, including those supporting
the sale, transportation, and installation of manufactured homes.
• Workers supporting government functions related to the building and development process, such as
inspections, permitting, and plan review services that can be modified to protect the public health, but
fundamentally should continue and enable the continuity of the construction industry (e.g., allow
qualified private third-party inspections in case of federal government shutdown).
• Workers performing services in support of the elderly and disabled populations who coordinate a variety
of services, including health care appointments and activities of daily living.
• Workers responsible for the movement and provisioning of household goods.

HYGIENE PRODUCTS AND SERVICES

• Workers who produce hygiene products.
• Workers in laundromats, laundry services, and dry cleaners.
• Workers providing personal and household goods, repair, and maintenance.
• Workers providing disinfection services for all essential facilities and modes of transportation and who
support the sanitation of all food manufacturing processes and operations from wholesale to retail.
• Workers necessary for the installation, maintenance, distribution, and manufacturing of water and space
heating equipment and its components.
• Support required for continuity of services, including commercial disinfectant services, janitorial and
cleaning personnel, and support personnel functions that need freedom of movement to access facilities
in support of front-line workers.
• Workers supporting the production of home cleaning, pest control, and other essential products
necessary to clean, disinfect, sanitize, and ensure the cleanliness of residential homes, shelters, and
commercial facilities.
• Workers supporting agriculture irrigation infrastructure.
• Workers supporting the production of home cleaning and pest control products.

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 EXHIBIT C

Rules Relating to
COVID-19 Health Screening Process and Travel Self-Quarantine

§1 Purpose and Authority

§2 Definitions
§3 Health Screening
§4 Mandatory Self-Quarantine
§5 Order of Self-Quarantine
§6 Defenses
§7 Costs to be Paid by Quarantined Person
§8 Criminal Penalties

§1 Purpose and Authority. These rules are adopted pursuant to sections 127A-11,
12, 13, 25, 29, and 31, Hawaii Revised Statutes, to respond to the COVID-19 emergency
declared by the Governor and have the force and effect of law.

§2 Definitions. “Health Screening” means a process used to detect the presence of

a communicable or dangerous disease in an individual and may include checking a person’s
temperature through thermal temperature screening, and the administration of one or more
questionnaires used to conduct surveillance of disease activity or to determine to whom a
diagnostic tool is administered.

“Mandatory State of Hawaii Travel and Health Form” means a form or questionnaire
developed by the State for travelers. It may be amended from time to time by the Director of
Emergency Management, and amendments shall be posted on the websites for the Governor and
the Hawaii Emergency Management Agency.

“Order for Self-Quarantine” means an order from the Director of Emergency

Management directing a mandatory self-quarantine. It may be amended from time to time by the
Director of Emergency Management, and amendments shall be posted on the websites for the
Governor and the Hawaii Emergency Management Agency.

“Thermal screening” means a non-contact means of measuring a person’s temperature.

§3 Health Screening. All persons entering the State of Hawaiʻi shall submit to a
health screening as determined by the Director of Emergency Management to be necessary to
prevent the spread of COVID-19 to protect the public health and safety. Any person violates this
section if the person intentionally or knowingly:
(1) Refuses or fails to truthfully, accurately or fully complete a Mandatory State
of Hawaii Travel and Health Form; or
(2) Refuses or fails to undergo thermal screening.
 EXHIBIT C

§4 Mandatory Self-Quarantine. All persons entering the State of Hawaiʻi shall be

subject to mandatory self-quarantine, except those persons who are exempted by the Governor’s
Proclamation Related to the COVID-19 Emergency (“Proclamation”) or who have been
exempted by the Director of Emergency Management. The period of self-quarantine shall begin
from the time of entry into the State and shall last 14 days or the duration of the person’s
presence in the State, whichever is shorter.

§5 Order of Self Quarantine. Any person subject to self-quarantine violates this

section if the person intentionally or knowingly:
(1) Refuses or fails to truthfully, accurately or fully complete the Order for Self-
Quarantine;
(2) Refuses or fails to enter or remain within the confines of the quarantine location
designated by the person to the Director of Emergency Management or the
Director’s authorized representative for the period of self-quarantine;
(3) Refuses or fails to follow any of the orders contained within the Order for Self-
Quarantine; or
(4) Refuses or fails to obey the orders of the Director of Emergency Management or
the Director’s authorized representative.

§6 Defenses. It shall be an affirmative defense to a violation of Section 5 of these

rules if the person:
(1) Breaks self-quarantine for the sole purpose of performing critical
infrastructure functions, wears appropriate protective gear, and follows the
safe practices identified in the Proclamation; or
(2) Is otherwise exempt from the self-quarantine requirements.

§7 Costs to be Paid by Quarantined Person. Any person under the mandatory self-
quarantine prescribed by these rules shall be responsible for all costs associated with that
person’s quarantine, including transport, lodging, food, medical care, and any other expenses to
sustain the person during the self-quarantine period.

§8 Criminal Penalties. (a) Any person violating any of these rules shall be guilty
of a misdemeanor and upon conviction, the person shall be fined not more than $5,000, or
imprisoned not more than one year, or both.
(b) Penalties prescribed by these rules are in addition to any other lawful penalties
established by law.
 EXHIBIT D

Rules Relating to Child Care Services Under

Chapter 17-798.2, Hawaii Administrative Rules

§1 Purpose and authority

§2 Eligibility requirements
§3 Method of computing child care payment
§4 Mandatory Reporting

§1 Purpose and authority. These rules are adopted

pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii
Revised Statutes, to respond to the COVID-19 emergency
declared by the Governor. The following amendments are
necessary to enable the Department of Human Services to
assist families who need child care services due to impacts
of the COVID-19 pandemic emergency. These rules have the
force and effect of law.

§2 Eligibility requirements. Section 17-798.2-9,

Hawaii Administrative Rules, is amended to read as follows:

Ҥ17-798.2-9 Eligibility requirements. (a) Depending

upon availability of funds, all children eligible for child
care assistance shall reside with the eligible caretaker
and meet the following requirements:
(1) Be under age thirteen years;
(2) Be thirteen through seventeen years of age with a
physical or mental incapacity that prevents the
child from doing self-care; or
(3) Receive child protective services, and the need
for child care is specified in the family unit’s
case plan as ordered by the court.
(b) A caretaker shall be eligible for child care,
provided the caretaker:
(1) Has a monthly gross income verified through
documentation that does not exceed eighty-five
percent of the State Median Income for a family
of the same size except for:
(A) Individuals who are licensed by the
department or organizations under the
authority of the department, as foster
parents; [or]
(B) Family units receiving child protective
services; [and] or
(C) Family units impacted by any federal-,
state-, or county-declared emergency
proclamation related to a man-made or

1 of 8 
 EXHIBIT D

natural disaster, or public health

pandemic situation;
(2) Meets one of the following conditions:
(A) Is engaged in employment in exchange
for wages or salary;
(B) Has a written offer of employment that
is scheduled to start within two weeks;
(C) Needs child care for up to thirty
calendar days during a break in
employment, if employment is scheduled
to resume within thirty days;
(D) Needs up to thirty consecutive days in
a twelve-month period for the caretaker
with or without a work history to job
search, when there is no one to care
for the child, not to exceed the
maximum child care rates as provided
under section 17-798.2-12;
(E) Is enrolled in and attends an
educational program or job training,
vocational, or employment training.
This includes the break time between
classes for the day;
(F) Is participating in the FTW program or
a treatment program as required by
section 17-656.1-10, except for a
participant in the Food Stamp
Employment and Training program, and
the FTW participant is involved in the
required activities written in the FTW
employment or individualized service
plan;
(G) Is receiving child protective services
and the need for child care is
specified in the family unit’s case
plan as ordered by the court;
(H) Is in a two-parent family unit where
one of the caretakers is in an approved
activity and the other caretaker is
determined to have a disability which
prevents the caretaker from providing
care for their own child. Proof of
disability and inability to provide
care of the caretaker’s own eligible
child shall be verified by the written
report of a State-licensed physician,
psychologist, or psychiatrist. In the

2 of 8 
 
 EXHIBIT D

case of a temporary disability, the

written report shall be submitted every
six months;
(I) Is a caretaker participating in an
approved activity and has a temporary
disability that prevents him or her
from engaging in that activity and
providing care for his or her own child
until the activity can be resumed.
Proof of the temporary disability
condition and duration, and inability
to care for the caretaker’s own child
shall be verified by the written report
of a State-licensed physician,
psychologist, or psychiatrist. The
written report shall be reviewed every
thirty days;
(J) Is a caretaker whose child is approved
for participation in the Preschool Open
Doors program; [or]
(K) Is a caretaker under the age eighteen
years who meets any eligibility
condition cited in section 17-798.2-
9(b)(2)(A) through (J), retains custody
of his or her own child, and does not
reside in the same household with his
or her adult caretaker[.]; or
(L) Is a caretaker impacted by any federal-
, state-, or county-declared emergency
proclamation related to a man-made or
natural disaster, or public health
pandemic situation and who needs child
care to search for employment or
prepare for resuming employment; and
(3) Shall establish a reasonable relationship between
the time during which the caretaker participates
in an activity and the time during which child
care is needed.
(c) Child care providers and caregivers:
(1) Shall meet the following conditions in order that
child care payments may be authorized:
(A) Be eighteen years old or older;
(B) Afford caretakers unlimited access to their
children, including written records
concerning their children, during normal
hours of provider operation and whenever the
children are in the care of the provider;

3 of 8 
 EXHIBIT D

(C) Be a department regulated or license-exempt

child care provider, including in-home care
providers. License-exempt providers shall be
listed with the department and shall submit
a written statement to the department that
shall attest to their:
(i) Willingness to provide care;
(ii) Rate that will be charged;
(iii) Assurance that the provider
premises are safe from hazards in
accord with subparagraphs (G) and (H);
and
(iv) Address and telephone number;
(D) Have no known history of child abuse or
neglect, physical, psychological or
psychiatric problems, or criminal
convictions that may adversely affect or
interfere with the care of children;
(E) Provide consent, on forms supplied by the
department, to conduct a background check.
The background check shall be conducted in
accord with sections 17-891.1-3, 17-892.1-3,
17-895-3, or 17-896-3;
Provide consent, on forms supplied by the
department, to conduct an additional
fingerprint check through the Federal Bureau
of Investigations (FBI), except for the
child’s grandparents, great-grandparents,
siblings living in a separate residence and
who are at least eighteen years old, and
aunts or uncles;
(F) Be free of tuberculosis as indicated by a
skin test or chest x-ray completed within
the last twenty-four months of child care;
and
(G) Have a child care facility or home with an
installed smoke detector, unobstructed
emergency exits, and an emergency exit plan.
(2) Shall not be one of the following:
(A) Parents, biological or legal;
(B) Step-parents living in the household;
(C) Guardians, or members of the family unit
that receives government financial
assistance payments, including essential
persons;
(D) Providers who are not in compliance with
State or county regulatory requirements;

4 of 8 
 
 EXHIBIT D

(E) Individuals under the age of eighteen years;

(F) Other individuals determined by the
department to pose a risk to the health and
safety of the child;
(G) A sibling of the child needing care who
resides in the same home as the child; or
(H) A caretaker.
(d) The department shall:
(1) Verify that the child and caretaker meet the
eligibility requirements as described in this
chapter;
(2) Establish the eligibility of the child care
provider and caregiver selected by the caretaker,
following the provisions of section 17-798.2-
9(c).
(3) Allow, at the department’s option, for the
presumptive eligibility of a license-exempt
provider selected by the caretaker upon receipt
by the department of the completed and signed
child care certificate and provider confirmation
forms and consent forms for conducting a
background check, provided that the presumptive
eligibility shall end upon completion of the
background check;
(4) Authorize the initial and subsequent monthly
child care payments based on sections 17-798.2-9,
17-798.2-10, 17-798.2-12, 17-798.2-13, 17-798.2-
14, 17-798.2-15,17-798.2-16, 17-798.2-17, 17-
798.2-18, 17-798.2-20, 17-798.2-21, 17-798.2-29,
and 17-798.2-35;
(5) Review eligibility no less than every six months
and whenever changes that affect eligibility are
reported; and
(6) Track and monitor appropriateness and utilization
of child care and payments.”

§3 Method of computing child care payment. Section

17-798.2-14,
Hawaii Administrative Rules, is amended to read as follows:

Ҥ17-798.2-14 Method of computing child care payment.

(a) The following will be used to compute the child care
payment:
(1) Monthly gross income;
(2) The caretaker’s hours of activity, except for
individuals identified in sections 17-798.2-
9(b)(2)(G) [and], (J), and (L)[:];

5 of 8 
 
 EXHIBIT D

(3) The caretaker’s relationship to the child who

reside with the caretaker, and the age of the
child who needs care;
(4) The child care provider;
(5) The cost and hours of child care;
(6) The type of child care; and
(7) The need for care.
(b) The child care payment amount shall be determined
by:
(1) Counting the caretaker’s activity hours to be
engaged in for the month, as referenced in
section 17-798.2-14(a)(2), comparing these
activity hours with the child care hours needed,
and always choosing the lesser hours; provide
that:
(A) This is not needed for child protective
services reasons as ordered by the court;
(B) This is not required for the Preschool Open
Doors program; [and]
(C) In the case of a caretaker who is
temporarily disabled in accordance with
subparagraph 17-798.2-9(b)(2)(I), the
activity hours shall be the same as the
activity hours that the caretaker had prior
to the temporary disability[.]; and
(D) This is not required for a caretaker
impacted by any federal-, state-, or county-
declared emergency proclamation related to a
man-made or natural disaster, or public
health pandemic situation and who needs
child care to search for employment or
prepare for resuming employment.
(2) Identifying the type of child care selected and
approved for each qualifying child, and using the
child care rate table, Exhibit I, to select the
appropriate rate for the care type that supports
the hours needed for child care; provided that:
(A) For child protective services need is based
on the number of hours of child care
specified in the court order; [and]
(B) For the Preschool Open Doors program need is
based on the number of hours child care
requested by a caretaker[.]; and
(C) For a caretaker impacted by any federal-,
state-, or county-declared emergency
proclamation related to a man-made or

6 of 8 
 
 EXHIBIT D

natural disaster, or public health pandemic

situation, need is based on full-time care.
(3) Comparing the child care allowance determined by
subparagraphs (b)(1) and (2) and the actual child
care cost, and choosing the lesser amount.
(4) Determining the family unit’s co-payment
(conversely, the percentage of the department’s
maximum rate allowable) based on the family
unit’s monthly gross income, and using the co-
payment rates established in Exhibit III, dated
October 1, 2009, attached at the end of this
chapter.
(5) Subtracting the family unit’s co-payment from the
amount determined in subparagraph (b)(3).
(c) The family unit shall be responsible for any
child care costs in excess of the maximum child care rates
specified in section 17-798.2-12.
(d) The family unit shall be responsible to pay its
share of the childcare cost directly to the provider.
(e) The department shall project the family unit’s
eligibility and monthly payments prospectively for the
eligibility period.
(1) The initial payment shall be calculated from the
date of eligibility to the end of the month,
which may be for less than a full month, and
shall be considered the first month of the
eligibility period.
(2) When changes are reported during the eligibility
period, the monthly payments shall be
prospectively calculated for the remainder of the
eligibility period.”

§4 Mandatory reporting. Section 17-798.2-15, Hawaii

Administrative Rules, is amended to read as follows:

Ҥ17-798.2-15 Mandatory reporting.(a) A caretaker who

is a recipient of child care payments shall be responsible
to report to the department within ten calendar days when
the following changes occur:
(1) Monthly gross income and the source of the
household income when it is in excess of the eighty-five
per cent of the State Median Income for a family of the
same size, except for:
(A) Department-licensed foster parents with
approved activities that need child care;
[or]

7 of 8 
 
 EXHIBIT D

(B) Family units that receive child protective

services[.]; or
(C) Family units that are impacted by any
federal-, state-, or county-declared
emergency proclamation related to a man-made
or natural disaster, or public health
pandemic situation.
(2) Address changes, including:
(A) Place of residence; and
(B) Mailing address;
(3) Household composition;
(4) Marital status;
(5) Child care provider;
(6) Cost of care;
(7) Child care type;
(8) Loss of activity,
(A) Except for family units that receive only
Preschool Open Doors services; [or]
(B) Except for family units that receive child
protective services; [and] or
(C) Except for family units that are impacted by
any federal-, state-, or county-declared
emergency proclamation related to a man-made
or natural disaster, or public health
pandemic situation; and
(9) Closure of the child protective services case.
(b) Changes may be reported in writing, in person, or
by telephone, and shall be supported by verifying
documentation.
(c) When changes are reported pursuant to this
section, the department shall take action on the reported
changes and calculate payments for the balance of the
eligibility period, after timely and adequate notice.
(1) Changes that are reported within ten calendar
days of the occurrence shall be implemented in
the first month following the month in which the
change was reported;
(2) Changes that are reported after ten calendar days
of the occurrence, that result in a higher
payment, shall be implemented in the second month
following the month in which the change was
reported; and
(3) Changes that are reported that result in a lower
payment shall be implemented in the first month
following the month in which the change was
reported, and the department shall recover any
overpayments from the date of the occurrence.”

8 of 8 
 
 EXHIBIT E

Rules Relating to Notaries Public

§1 Purpose and authority

§2 Social distancing
§3 Notarial Acts Utilizing Audio-Visual Technology

§1 Purpose and authority. These rules are adopted pursuant

to sections 127A-12, 13, 25, 29, and 31, Hawaii Revised
Statutes, to respond to the COVID-19 emergency declared by the
Governor, specifically to enable Hawaii notaries to perform
notarial acts while complying with social distancing
guidelines. These rules have the force and effect of law.

§2 Social distancing. (a) The notary public shall take

every reasonable precaution to perform notarial acts in
compliance with all orders and social distancing guidelines
relating to the COVID-19 emergency.
(b) Notaries public will not be required to perform
notarial acts if they believe social distancing guidelines
to ensure health and safety cannot be followed.

§3 Notarial Acts Utilizing Audio-Visual Technology.

Notarial acts may be performed by utilizing audio-visual
technology, provided there is compliance with the
following conditions:
(1) The notary public shall have personal knowledge of
the signer or obtain satisfactory evidence of the
identity of the signer by requiring presentation of a
current government-issued identification card or
document that contains the signer’s photograph and
signature to the notary public during the video
conference.
Transmittal of the signer’s identification for
purposes of verification to the notary public prior
to or after the video conference shall not satisfy
this condition;
(2) The notary public shall confirm via observation
during the video conference that the signer appears
to be aware of significance of the transaction
requiring a notarial act and is willing to perform
such a transaction;
(3) The video conferencing shall allow for direct
interaction between the person and the notary
public and shall not be pre-recorded;
 EXHIBIT E

(4) The notary public shall confirm as is reasonably

possible that the signer is physically situated
in this State;
(5) The notary public shall create an audio-visual
recording of the performance of the notarial act,
which shall be kept as part of the notary public's
record and stored as an unsecured audio-visual
recording or on a secured external digital storage
such as a flash drive, DVD, or external hard drive;
(6) The notary public shall deposit with the office of
the attorney general the external digital storage and
the notarial record books within ninety days of the
notary public’s date of the resignation, expiration
of any term of office as a notary, or removal from or
abandonment of office as a notary. The notary
public’s representative shall provide the same upon
the notary public’s death;
(7) The notary public shall obtain the signed document
that requires notarization by fax or electronic
format on the same date it was signed within fourteen
days of signing and the notarization date shall be
the same as the date of signature;
(8) The notary public may notarize the transmitted copy
of the document and transmit the same back to the
signer;
(9) The notary public shall add a statement to the
notarized document as follows: “This notarial act
involved the use of communication technology
enabled by emergency order”;
(10) The notary public shall enter in the record book
that the notarial act was performed pursuant to
Executive Order 20-02; and
(11) The notary public may repeat notarization of the
original signed document as of the date of
execution provided the notary public receives such
original signed document together with the
electronically notarized copy within 60 days after
the date of execution.

2 of 2 
 EXHIBIT F
1

Kamaʻāina Renew & Stronger Hawaiʻi

Healing Hawaiʻi Economy Rebuild Phase 4:
Phase 1: Stabilization Phase 2: Phase 3: Resilience
Reopening Long-term Recovery

STAY AT HOME SAFER AT HOME ACT WITH CARE RECOVERY NEW NORMAL
(Major Disruption) (Moderate Disruption) (Minor Disruption) (Minimal Disruption) (No Disruption)

Impact Levels informed by

health, economic, and community-based indicators
Impact level may vary by County
June 10, 2020 1
 State Reopening Strategy for Businesses and Operations EXHIBIT F
June 10, 2020
(Strategy will be implemented by County and is subject to change)
STAY AT HOME SAFER AT HOME ACT WITH CARE RECOVERY NEW NORMAL
(Major Disruption) (Moderate Disruption) (Minor Disruption) (Minimal Disruption) (No Disruption)
BUSINESSES & OPERATIONS
Accommodations
Agriculture, non-food
Auto dealerships, car washes
Bars
Childcare
Education facilities (K-12, higher)
Healthcare, social assistance, government
Indoor gathering places, including places of worship
Indoor exercise facilities, including gyms and fitness centers
Large venues, clubs
Manufacturing, construction
Museums, theaters
Office settings
Outdoor spaces
Personal services
Restaurants
Retail & Repair
Shopping malls
Fully open with
Essential only with physical Open with physical distancing Open with adjusted
Closed adjusted
distancing and Safe Practices and Safe Practices Safe Practices
Safe Practices
In all cases, businesses and operations must follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening.
 EXHIBIT G

Sunshine Law and UIPA

Chapter 92, HRS, Part I. Meetings, is suspended to the extent necessary to

enable boards as defined in Section 92-2, to conduct meetings without any board
members or members of the public physically present in the same location. The
physical locations of the board members need not be listed on the agenda.

Boards are discouraged from meeting during the emergency disaster relief period
and should only be meeting as necessary to comply with a law, operational
necessity, or in furtherance of emergency responses to COVID-19.

If a board holds a meeting:

 Notice of meetings must be electronically posted and electronically

provided to notification lists consistent with section 92-7; however,
posting at the site of the meeting or at a centralized location in a public
building is not required.

 Board packets, consistent with Section 92-7.5, must be electronically

posted as soon as practicable under current conditions.

 Boards must accept written testimony from the public.

 Boards must comply with the requirements to keep and electronically

post meeting minutes consistent with Section 92-9.

 The quorum requirements in Section 92-15 must be met for all meetings.

If a board has the staffing, technological and other resources to hold a secure
video-teleconference (i.e., video and audio), it must in good faith attempt to
provide the public with the opportunity to observe the meeting as it happens and
an opportunity to provide oral testimony. No board action shall be invalid if the
board’s good faith efforts to implement remote technology for public observations
and comments do not work.

If a board does not have the staffing, technological or other resources to hold a
secure video-teleconference (i.e., it is limited to audio only), it must provide the
public with the opportunity to listen to the teleconference as it happens and
should make a good faith effort to provide the public with the opportunity to
provide oral testimony.

Boards are encouraged to consider the following guidelines:

 Board members should be clearly visible and/or audible consistent with

the remote technology used by the board.
 EXHIBIT G

 At the start of all meetings, the presiding officer should announce the
names of the participating members.

 For audio-only teleconferencing, each speaker should repeat their name

before making remarks.

 Votes should be conducted by roll call so that it is clear how each board
member voted.

 To preserve the executive nature of any portion of a meeting closed to the

public, the presiding officer should confirm with staff that no unauthorized
person is present and has access to the executive session.

 When resources exist to readily do so, boards should record meetings and
make the recordings electronically available to the public as soon as
practicable after a meeting.

Notwithstanding the above, board meetings whose agendas have already been
noticed as of the date of this Proclamation may proceed under the provisions of
the Sixth Supplemental Emergency Proclamation.

Chapter 92F, HRS, uniform information practices act, and Chapters 71 and
73, Title 2 of the Hawaii Administrative Rules, are suspended to the extent they
contain any deadlines for agencies, including deadlines for the OIP, relating to
requests for government records and/or complaints to OIP. As resources
permit, agencies are encouraged to respond to requests for government records
(UIPA Requests). To balance the needs of the public with the resources
available to government agencies during the COVID-19 crisis, agencies must
comply with the following minimum requirements:

 Agencies must acknowledge receipt of UIPA Requests. If a request is not

acknowledged, the requester may ask the Office of Information Practices
to verify that the agency received the UIPA Request.

 Agencies must retain UIPA Requests and may not destroy requested
records while a UIPA Request is pending.

 As resources permit, agencies shall in good faith:

o respond to UIPA Requests for information that do not require
redaction or substantial review of records without substantial delay;
and
o prioritize responding to UIPA Requests made in the public interest
where the requestor has the primary intent and actual ability to
widely disseminate the requested information to the general public.
 EXHIBIT G

 Requests for government records not answered during the emergency

relief period must be answered in a reasonable period of time when the
suspension of laws is lifted.
 EXHIBIT H

RULES RELATING TO
SAFETY GUIDELINES FOR
BARBERS AND BEAUTY
OPERATORS

§1 Purpose and authority

§2 Social distancing
§3 Definitions
§4 Barber shops and beauty shops; sanitation
§5 COVID-19 infection mitigation and social distancing;
preopening and ongoing safety protocol
§6 Closures

§1 Purpose and authority. These rules are adopted

pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii Revised
Statutes, to respond to the COVID-19 emergency declared by the
Governor, specifically to enable Hawaii licensed barbers and
beauty operators to perform services while complying with social
distancing guidelines. These rules have the force and effect of
law.

§2 Social distancing. The barber or beauty operator shall

take every reasonable precaution to operate in compliance with
all orders and social distancing guidelines relating to the
COVID-19 emergency.

§3 Definitions.
"Department" means Department of Commerce and Consumer
Affairs.
"Disinfection" means the process that eliminates many
or all pathogenic organisms, except bacterial spores, on
inanimate objects.
"Operator" means barber as defined in section 438-1,
Hawaii Revised Statutes and beauty operator as defined in
section 439-1, Hawaii Revised Statutes.
"Sanitation" means the treatment of a clean surface
for the destruction of micro-organisms including
pathogens.
"Shop" means all barber shops as defined in section
438-1, Hawaii Revised Statutes and beauty shops as defined
in section 439-1, Hawaii Revised Statutes.
"State" means the State of Hawaii.
"Sterilization" means a process that destroys or
eliminates all forms of microbial life by physical or
chemical methods.
"Ventilation" means the production and maintenance by
natural or mechanical means of atmospheric conditions

1 of 6
 EXHIBIT H

favorable to health and comfort.

§4 Barber shops and beauty shops; sanitation. (a)

General sanitation requirements.
(1) No person shall operate a shop in connection
with any other business or dwelling unless there
is a partition from the floor to the ceiling,
separating the shop from such other business or
dwelling. Nothing here shall prohibit the sale
of tobacco, newspapers, or shoe shining in
shops.
(2) No shop shall be used as a living, cooking, or
sleeping facility, nor shall any such facility
adjoining a shop have a direct opening into
such shop.
(3) Articles of food and beverages, except water,
shall not be sold, kept for sale, or stored in
any shop, and shops shall be separated by a
tight partition or separate entry from any
place where articles of food and beverages are
sold, kept for sale, or stored.
(4) The walls, floors, ceilings, furniture and
fixtures, and all other parts and surfaces of
every shop shall be kept clean at all times.
(5) Every shop shall be kept in good repair, and
shall be properly and adequately lighted and
ventilated.
(6) Every shop shall be provided with adequate
sanitary facilities, including toilets, hot and
cold running water, and sinks or wash basins.
Plumbing shall comply with the applicable
county plumbing code. Toilets shall be located
in suitably and properly ventilated toilet
rooms with self-closing doors.
(b) Sanitary practice requirements.
(1) No operator shall use in any shop any astringent
in lump or styptic pencil form, sponge, lump
alum, powder puff, neck duster, shaving brush,
or shaving mug on a customer.
(2) No operator shall stop the flow of blood by
using alum or other material unless applied in
liquid form or in powdered form applied with a
clean towel.
(3) No operator shall use razors, shears, scissors,
clippers, tweezers, finger bowls, or combs, or

2 of 6
 EXHIBIT H

any like article on any customer unless the

item has been thoroughly cleaned and
disinfected since last used. All such
instruments shall be thoroughly cleaned and
disinfected by a method recommended by the
Centers for Disease Control and Prevention, the
Environmental Protection Agency, and/or the
Occupational Safety and Health Administration.
After disinfecting, instruments shall be stored
in a manner to prevent contamination, or be
disinfected again immediately before re-use.
All disinfectants shall be approved by the
Environmental Protection Agency.
(4) No operator shall remove or attempt to remove
any wart, mole, pimple, ingrown hair, or
undertake any like treatment unless properly
trained in medical science. Cleaning of ears is
prohibited.
(5) Every operator shall wash his or her hands
thoroughly with soap and hot water and dry his
or her hands with sanitary towels or hand drying
devices immediately before attending any person,
and shall wear at all times a clean uniform or
outer coat or apron.
(6) Towels or other fabrics that come in contact
with the skin or hair of a customer shall not be
used on more than one customer without being
laundered in an acceptable manner or subjected
to a sterilizing process approved by the Center
for Disease Control and Prevention before again
being used on a customer.
(7) Prior to serving any customer, the headrest of
any chair to be used by said customer shall be
properly disinfected and covered with a clean
towel or a clean sheet of paper.
(8) All towels and other linens used in any shop
shall be kept in a closed cabinet at all times
when not in use.
(9) All creams, tonics, cosmetics, and other
applications used for customers shall be kept in
clean closed containers.
(10) A clean strip of cotton, towel, or paper band
shall be placed around the neck of each customer
served, so that at no time will hair, cloth, or
cape come in contact with the neck or skin on the

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customer.
(11) No person shall commit any insanitary practice or
act in a shop sink or wash basin, such as
brushing teeth, expectorating, or gargling.

§5 COVID-19 infection mitigation and social

distancing; preopening and ongoing safety protocol.
(a) Preopening safety protocols.
(1) Thoroughly clean and disinfect all fixtures,
furnishings, equipment, doorways, work
stations, and restrooms. Check and replace
various filters such as heating, ventilation,
air conditioning, and hair dryers.
Disinfectants shall be EPA-registered and
labeled as bactericidal, virucidal and
fungicidal.
(2) Evaluate the layout and arrange seats at least
six feet apart. Consider adding spacing
between booths, shampoo sinks, divider shields,
sneeze shields, and/or alternative work
schedules to accomplish this. Consider using
the front and rear doorways to establish one-
way traffic through the shop. Remove items
such as candy dishes, self-serve coffee,
product samples, magazines, and paper reading
products from the common area.
(3) Have hand sanitizer available for all employees
and clients.
(4) Take inventory of personal protective equipment
(PPE), cleaning products, and EPA-registered
disinfecting products, and order supplies, if
necessary.
(5) Establish new policies requiring employees to
wear a face covering as described and
recommended by the CDC at all times when in the
shop, except while eating or drinking in a
break room. Salons may consider providing face
coverings to clients. Clients should wear a
face covering as described and recommended by
the CDC to the extent possible while receiving
services.
(6) Establish new schedules of employees and
appointment policies to minimize the risk of
overcrowding inside the shop. There should be
no more than ten people in the shop at any time

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including staff, provided the six-feet social

distancing requirements are met. These
policies shall be in writing and shall be
posted to advise the public of the new
policies.
(7) Shop owners shall provide training, educational
materials, and reinforcement on proper
sanitation, hand-washing, cough and sneeze
etiquette, and shall ensure that breakrooms are
thoroughly cleaned and sanitized and not used
for congregating by employees.
(b) Ongoing Safety Considerations After Opening
(1) Consider seeing clients by appointment only.
Limit the number of persons in the waiting area
of the shop. It is recommended that clients
wait outside the shop until the operator is
ready to serve them.
(2) The use of a face covering as described and
recommended by the CDC is mandatory for all
employees at all times while in the shop.
Placing a clean towel over the face of the
client while at the sink is a good way to
protect their mouth, nose and eyes. Minimize
to the greatest degree possible, up-close,
direct face-to-face contact with clients.
(3) Before and after each client, require staff to
wash hands with soap and water for at least 20
seconds; properly clean and disinfect all
workstations, shampoo, manicure and pedicure
bowls, implements, and tools; ensure single use
and porous items, such as disposable capes or
cardboard nail files, are new; and follow
manufacturer’s requirements for product use,
formulations, and/or disposal. Consider
placing paper drapes or laundered towels on
chairs.
(4) Employees should frequently wash their hands
after using the phones, computer, cash register
or credit card machine. Wipe all surfaces
between each use.
(5) Advise employees and clients to stay at home if
they are not feeling well. Consider pre-
screening clients and ask if they have traveled
outside the county or experienced any COVID-19
symptoms in the past 14 days. Decline services

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for any client that answers yes.

(6) Discontinue the practice of physical social
greetings, such as hugs or handshakes.
(c) Any Operator who contracts COVID-19 or any other
contagious or infectious disease in a communicable
form shall not attend any person in any shop, nor
shall any person afflicted with such disease in
communicable form receive any treatment in any such
establishment. Any operator afflicted with any such
disease shall return to work in a shop only upon a
written statement from a physician that it is safe
for him or her to return to work.

§6 Closures. Upon inspection, if any shop is found in

violation of these rules, it may be closed immediately by public
health officials or by the Department.

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