The Vermont Statutes Online
The Statutes below include the actions of the 2024 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 3 Appendix: Executive Orders
Chapter 020: Internal Security and Public Safety
Executive Order No. 20-1 (No. 67-82) [Cadre of the Vermont State Guard]
WHEREAS, the Reserve Components of the military services, including the National Guard of the State of Vermont, are now considered to be the immediate back-up force of the Active Armed Forces; and
WHEREAS, on short notice, the National Guard of the State of Vermont could be deployed out of Vermont in order to back-up the Active Armed Forces; and
WHEREAS, once the Vermont National Guard has been mobilized and departs the state, the State of Vermont loses its effective back-up force for public safety and the security of the state; and
WHEREAS, in order to be duly prepared for an emergency situation,
NOW, THEREFORE, I, Richard A. Snelling, Governor of the State of Vermont, under and by virtue of the authority vested in me by the Constitution and the Laws of the State of Vermont, order as follows:
SEC. (1) The Cadre of the Vermont State Guard is organized.
SEC. (2) The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to organize and maintain the formation of the Vermont State Guard Cadre in an inactive status without pay, to serve for an indefinite period and until relieved by proper authority.
Dated April 26, 1982.
Executive Order No. 20-2 (No. 12-85) [Activation of Vermont National Guard for Assistance of Civilian Authorities in City of Barre]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-3 (No. 51-87) [Order Into Service of Vermont National Guardsmen for Assistance to Civilians and Authorities of State and Bennington County]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-4 (No. 58-88) [Veterans’ Advisory Council]
Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
Executive Order No. 20-5 (No. 77-89) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Washington County]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-6 (No. 82-90) [Designation of Vermont State Police as State Clearinghouse for Missing and Exploited Children]
WHEREAS, the Missing Children’s Assistance Act, passed by the United States Congress in 1984, established a National Center for Missing and Exploited Children; and
WHEREAS, the National Center is designed to help in establishing, maintaining and providing support information networks for state clearinghouses on missing and exploited children; and
WHEREAS, a state clearinghouse is necessary in order to maintain records, disseminate information on reported missing children and to assist local, state and federal agencies as well as family members on cases relating to missing and exploiting children; and
WHEREAS, each state clearinghouse serves as a state based extension of the national effort to provide training, education, and public information relating to missing and exploited children; and
WHEREAS, the Vermont General Assembly by enactment of Title 20, chapter 112, has mandated that the Commissioner of the Department of Public Safety cooperate with and support all law enforcement agencies in matters relating to missing persons, and when necessary in order to protect a missing person from harm, to coordinate all efforts to search for the missing person.
NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the powers vested in me as Governor of the State of Vermont, do hereby designate the Vermont State Police, Department of Public Safety, as the state clearinghouse for missing and exploited children. The Vermont State Police shall contract with the National Center for Missing and Exploited Children and coordinate with other state clearinghouse agencies in order to receive and provide training, education, and public information relating to missing and exploited children.
This Executive Order takes effect upon signing.
Dated January 12, 1990.
Executive Order No. 20-7 (No. 06-91) [Utilization of National Guard to Carry Out Vermont’s Drug Enforcement Support Plan]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-8 (No. 03-95) [Activation of National Guard to Assist Vermont State Police and the City of Burlington]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-9 (No. 04-95) [Declaration of State of Emergency for Caledonia, Chittenden, Essex, Lamoille, Orleans and Washington Counties]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-10 (No. 05-95) [Activation of National Guard to Assist State and Local Officials in Stabilizing Conditions Resulting From Flooding]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-11 (No. 08-96) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for State of Vermont]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-12 (No. 11-96) [Declaration of State of Emergency for Windham and Windsor Counties]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-13 (No. 12-96) [Activation of National Guard to Assist in Flood Recovery Operations in Windham County]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-14 (No. 01-97) [Declaration of State of Emergency for Franklin, Lamoille, and Orleans Counties]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-15 (No. 02-97) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Franklin, Lamoille, and Orleans Counties]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-16 (No. 01-98) [Declaration of State of Emergency for Grand Isle County]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-17 (No. 02-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Grand Isle County]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-18 (No. 03-98) [Declaration of State of Emergency for Chittenden, Franklin, and Addison Counties]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-19 (No. 04-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Chittenden, Franklin, and Addison Counties]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-20 (No. 06-98) [Declaration of State of Emergency for Addison, Orange, Washington, and Windsor Counties]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-21 (No. 07-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Addison, Orange, Washington, and Windsor Counties]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-22 (No. 08-99) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Town of Springfield]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-23 (No. 09-99) [Activation of National Guard to Assist in Recovery Operations and Security in Town of Springfield]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-24 (No. 10-99) [Vermont National Guard Trust Fund]
WHEREAS, upon deactivation of the members of the Vermont Army National Guard after World War I, the company funds of various units comprising the First Infantry Regiment, Vermont National Guard, were turned over to the federal government, more specifically the War Department (the forerunner of the Department of Defense);
WHEREAS, in 1927, the War Department returned the company funds to the Adjutant General for the Vermont Army National Guard, Brigadier General Herbert T. Johnson, to benefit the present and future elements of any reconstituted and/or reactivated regiment;
WHEREAS, in 1927, the Honorable John E. Weeks, Governor of the State of Vermont, by special order 54, dated 21 June 1927, created a special committee to review the receipt of these funds and to make recommendations;
WHEREAS, on 30 June 1927, upon the recommendation of the special committee, the Governor established the 172d Infantry Memorial Trust Fund;
WHEREAS, the 172d Infantry constituted the reorganized units of Vermont National Guard units that served in World War I;
WHEREAS, on 1 July 1960, the fund was redesignated by Executive Order (no number) of the Honorable Robert T. Stafford, Governor of the State of Vermont, as the “Vermont Army National Guard Memorial Trust Fund;”
WHEREAS, as of this date, the “Vermont Army National Guard Trust Fund” is still a functional fund but with the changes in the force structure over the last 40 years, there is a need to revise the fund.
NOW THEREFORE, BE IT RESOLVED, that I, Howard Dean, by virtue of the power vested in me as Governor, do hereby reconstitute the “Vermont Army National Guard Memorial Trust Fund” as the “Vermont National Guard Trust Fund” (hereinafter referred to as the “Trust”) and establish a Trust Fund Board with the duties and responsibilities as follows:
1. The Trust will be for the benefit of all members of the Vermont National Guard.
2. The Trust Fund Board will be chaired by the Adjutant General for the State of Vermont, and be comprised of the Deputy Adjutant General for the State of Vermont, the Vermont Army National Guard Assistant Adjutant General, and the Air National Guard Assistant Adjutant General. A majority of the sitting members shall constitute a quorum and action taken by the board under the provisions of this Executive Order may be authorized by a majority of members present and voting at any regular or special meeting. The members of the board will not receive any remuneration for their participation on the board except for the reimbursement of reasonable business expenses and/or operational costs.
3. The Trust Fund shall be administered by the board and effectuate the policies and purposes of this Executive Order. Deposits to the currently existing monies shall be made to the fund from moneys appropriated thereto by the general assembly from time to time and from any other source, private or public, as approved by the board. Unexpended balances and any earnings shall not revert to the general fund but shall remain in the fund for use in accord with the purposes of this Executive Order.
4. The original purpose of the Fund was to benefit the members of the Vermont National Guard in time of federal activation during an emergency and, in keeping with that purpose, the fund will continue to be used for members of the Vermont National Guard in times of federal activation during emergencies, war, rebellion, humanitarian effort, operations other that war and in times of state active duty. The board will establish rules and regulations governing the expenditure of funds under these conditions.
5. In further keeping with the original intent of the fund, the Board may disburse part of fund as a discretionary fund to be used for the purpose of the betterment of the members of the Vermont National Guard. But under no circumstance will this allocation and disbursement reduce the total fund to an amount lower than $30,000, an amount to be used for the purposes stated in paragraph 4 above.
6. The Fund, principle and interest, will be invested and reinvested in commercially reasonable investment vehicles as approved by the Board.
7. If the Board deems necessary, the Board may contract with and/or hire investment consultants, brokers, counselors, or the like and the cost therefore, will be borne by the fund.
This Executive Order shall take effect upon signing.
Dated October 8, 1999.
Executive Order No. 20-25 (No. 05-00) [Declaration of State of Emergency and Activation of Emergency-Disaster Preparedness Plan for Addison, Bennington, Windham and Windsor Counties]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-26 (No. 10-01) [Reconstitution of the Vermont Terrorism Task Force]
Superseded by Executive Order No. 01-03 (codified as Executive Order No. 20-29), dated February 20, 2003.
Executive Order No. 20-27 (No. 04-02) [Reestablishment of the Veterans Advisory Council]
Superseded by Executive Order No. 08-03 (codified as Executive Order No. 20-30), dated May 13, 2003.
Executive Order No. 20-28 (No. 05-02) [Declaration of State of Emergency for the County of Caledonia]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-29 (No. 01-03) [Governor’s Homeland Security Advisory Council]
Superseded and replaced by Executive Order No. 29-48 (codified as Executive Order No. 04-13), dated April 4, 2013.
Executive Order No. 20-30 (No. 08-03) [Governor’s Veterans Advisory Council]
Superseded and replaced by Executive Order No. 20-54 (codified as Executive Order No. 17-17), dated October 3, 2017.
Executive Order No. 20-31 (No. 03-05) [Designation Of The National Incident Management System (NIMS) As The Basis For All Incident Management In The State]
Superseded and replaced by Executive Order No. 07-12 (codified as Executive Order No. 20-45), dated April 12, 2012.
Executive Order No. 20-32 (No. 05-05) [Activation of National Guard to Assist in Hurricane Recovery Operations and Security in the State of Louisiana]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-33 (No. 02-06) [Vermont Communications Board]
Superseded and replaced by Executive Order No. 20-35 (codified as Executive Order No. 08-07), dated November 14, 2007.
Executive Order No. 20-34 (No. 04-07) [Declaration of State of Emergency and Activation of Emergency Operations Plan for State of Vermont]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-35 (No. 08-07) [Vermont Communications Board]
Superseded and replaced by Executive Order No. 04-08 (codified as Executive Order No. 20-36), dated October 28, 2008.
Executive Order No. 20-36 (No. 04-08) [Vermont Communications Board]
Superseded and replaced by Executive Order No. 20-44 (codified as Executive Order No. 02-12), dated January 17, 2012.
Executive Order No. 20-37 (No. 05-08) [Declaration of State of Emergency and Activation of Emergency Operations Plan for Bennington, Orange, Windham, and Windsor Counties]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 20-38 (No. 03-11) [Declaration of Emergency]
Pursuant to the authority vested in me as Governor of Vermont under 20 V.S.A. Section 9, and as a result of excessive wind and rainfall combined with water runoff and resulting damages which occurred beginning April 23, 2011 and considered ongoing at this time, I hereby declare a State of Emergency for the State of Vermont.
I further order and direct the activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to alleviate hardship and suffering of citizens and communities impacted by the emergency event.
This Executive Order shall take effect upon signing.
Dated May 5, 2011.
ADDENDUM TO EXECUTIVE ORDER No. 03-11
Pursuant to 20 V.S.A. § 13, I, Peter Shumlin, hereby proclaim that the state of emergency declared in Executive Order #03-11, dated May 5, 2011, has terminated effective June 6, 2011 at 11:59 PM.
Dated June 8, 2011.
Executive Order No. 20-39 (No. 04-11) [Champlain Flooding Guard Call-Out]
WHEREAS, on May 5, 2011, there exists an emergency within the State, to wit, flooding along the shores of Lake Champlain affecting Grand Isle, Franklin, Chittenden, and Addison Counties.
NOW, THEREFORE, I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution and laws of the State of Vermont, including Chapter II, Section 20, of the Constitution of the State of Vermont, and Title 20 V.S.A. §§ 601 and 603, hereby order as follows:
SEC. (1) The National Guard of the State of Vermont is called out.
SEC. (2) The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to alleviate hardship and suffering of citizens and communities in Vermont that are impacted by flooding.
SEC. (3) In furtherance of the authorization and direction contained in SEC. (2) hereof, the Adjutant General is authorized to use such of the National Guard of the State of Vermont as he may deem necessary.
SEC. (4) I HEREBY AUTHORIZE AND DIRECT THE Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority.
Dated May 5, 2011.
ADDENDUM TO EXECUTIVE ORDER No. 04-11
WHEREAS, pursuant to Executive Order 04-11, the National Guard of the State of Vermont has provided services in support of the emergency management operations of the State of Vermont in connection with the State of Emergency declared in Executive Order No. 03-11; and
WHEREAS, by addendum to Executive Order No. 03-11, June 8, 2011, that state of emergency terminated effective June 6, 2011 at 11:59 p.m.;
NOW THEREFORE I, Peter Shumlin, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 04-11, effective June 6, 2011, at 11:59 p.m.
Dated June 14, 2011.
Executive Order No. 20-40 (No. 06-11) [Barre Flooding Guard Call-Out]
WHEREAS, on May 27, 2011, there exists an emergency within the State, to wit: wide spread flooding throughout the State of Vermont, to include but not limited to the following counties: Washington, Orange, Essex, Lamoille, Caledonia, Rutland, Orleans and Chittenden.
NOW, THEREFORE, I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution of Laws of the State of Vermont, including Chapter II, Section 20, of the Constitution of the State of Vermont, and Title 20 V.S.A. §§ 601 and 603, do hereby order as follows:
SEC. (1) The National Guard of the State of Vermont is called out.
SEC. (2) The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to alleviate hardship and suffering of citizens and communities in Vermont that are impacted by flooding.
SEC. (3) In furtherance of the authorization and direction contained in SEC. (2) hereof, the Adjutant General is authorized to use such of the National Guard of the State of Vermont as he may deem necessary.
SEC. (4) I hereby authorize and direct the Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority.
Dated May 27, 2011.
ADDENDUM TO EXECUTIVE ORDER No. 06-11
WHEREAS, pursuant to Executive Order 06-11, the National Guard of the State of Vermont has provided services in support of the emergency management operations of the State of Vermont in connection with the State of Emergency declared in Executive Order No. 03-11; and
WHEREAS, by addendum to Executive Order No. 03-11, June 8, 2011, that state of emergency terminated effective June 6, 2011 at 11:59 p.m.;
NOW THEREFORE I, Peter Shumlin, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 06-11, effective June 6, 2011, at 11:59 p.m.
Dated June 14, 2011.
Executive Order No. 20-41 (No. 11-11) [State of Emergency, Call-Out of Guard]
As of August 27, 2011, a state of emergency exists within the State. In particular, Vermont faces the imminent likelihood of extremely high winds, excessive rain and flooding from Hurricane Irene and related storms, with the likelihood of widespread damage. The State of Vermont, through its various agencies, is taking steps to prepare for the anticipated storm.
Accordingly, I, Peter Shumlin, pursuant to the authority vested in me by the Vermont Constitution, Chapter II, Section 20 and 20 V.S.A. sections 9, 601 and 603, do hereby order as follows:
1. I declare a state of emergency for the State of Vermont;
2. I hereby call out the National Guard of the State of Vermont;
3. I authorize and direct the Adjutant General of the State of Vermont to take all appropriate steps to alleviate hardship and suffering of citizens and communities throughout Vermont that are impacted by the hurricane and associated storms;
4. I hereby authorize and direct the Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority.
Dated August 27, 2011.
ADDENDUM TO EXECUTIVE ORDER No. 11-11
[Terminating Guard Call-Out]
WHEREAS, pursuant to Executive Order No. 11-11, the National Guard of the State of Vermont has provided services in support of the emergency management operations of the State of Vermont in connection with the State of Emergency declared in Executive Order No. 11-11 incident to Tropical Storm Irene; and
WHEREAS, the National Guard of the State of Vermont, having served ably and with distinction in Vermont’s time of extraordinary need, has completed its mission;
NOW THEREFORE I, Peter Shumlin, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 11-11 relative thereto effective this 23rd day of November, 2011.
Dated November 23, 2011.
Executive Order No. 20-42 (No. 17-11) [Vermont Military Humanitarian Service Medal]
I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution and Laws of the State of Vermont, do order as follows:
SEC. (1) There is hereby established a Vermont Military Humanitarian Service Medal with accompanying ribbons and appurtenances for award by the Adjutant General. Individuals eligible for the medal are members of the Vermont National Guard and the Vermont State Guard when in active service, who, subsequent to August 27, 2011, distinguished themselves by meritorious participation in a military act or operation of a humanitarian nature. The Adjutant General will determine types of acts or operations that warrant award of the medal.
SEC. (2) The Vermont Military Humanitarian Service Medal and ribbons and appurtenances thereto shall be of appropriate design approved by the Adjutant General and shall be awarded by the Adjutant General under uniform regulations, as prescribed by the Adjutant General.
SEC. (3) No more than one Vermont Military Humanitarian Service Medal shall be awarded to any one person, but for each subsequent participation in a humanitarian act or operation justifying such an award, a suitable device may be awarded to be worn with that medal as prescribed by appropriate regulations of the Vermont National Guard.
SEC. (4) The Vermont Military Humanitarian Service Medal or device may be awarded posthumously, and when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Adjutant General.
Dated November 23, 2011.
Executive Order No. 20-43 (No. 18-11) [Vermont National Guard Civilian Humanitarian Service Medal]
I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution and Laws of the State of Vermont, do order as follows:
SEC. (1) There is hereby established a Vermont National Guard Civilian Humanitarian Service Medal with accompanying ribbons and appurtenances for award by the Adjutant General. Those eligible for the medal are individuals, government employees, organizations, corporations, associations and other groups that have made a substantial contribution to the Vermont National Guard, and subsequent to August 27, 2011, have distinguished themselves by meritorious participation and support to a military act or operation of a humanitarian nature. The Adjutant General will determine types of acts or operations that warrant award of the medal.
SEC. (2) The Vermont National Guard Civilian Humanitarian Service Medal and ribbons and appurtenances thereto shall be of appropriate design approved by the Adjutant General and shall be awarded by the Adjutant General under uniform regulations, as prescribed by the Adjutant General.
SEC. (3) No more than one Vermont National Guard Civilian Humanitarian Service Medal shall be awarded to any one individual, but for each subsequent participation in a humanitarian act or operation justifying such an award, a suitable device may be awarded to be worn with that medal as prescribed by appropriate regulations of the Vermont National Guard.
SEC. (4) The Vermont National Guard Civilian Humanitarian Service Medal or device may be awarded posthumously, and when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Adjutant General.
Dated November 23, 2011.
Executive Order No. 20-44 (No. 02-12) [Vermont Communications Board]
Superseded and replaced by Executive Order No. 20-57 (codified as Executive Order No. 05-19), dated July 9, 2019.
Executive Order No. 20-45 (No. 07-12) [Designation of The National Incident Management System (NIMS) as the Basis for all Incident Management in the State]
WHEREAS, Homeland Security Directive (HSPD)-5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS) to provide a consistent nationwide approach for Federal, State, local, and tribal governments to work together to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and
WHEREAS, Presidential Policy Directive (PPD)-8 describes the approach to national preparedness, including the National Preparedness System, as the instrument the nation will employ to build, sustain, and deliver core capabilities; and
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources improve the State’s ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of NIMS are integral to various incident management activities, including emergency management training programs.
NOW THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby re-establish the National Incident Management System (NIMS) as the State standard for incident management.
This Order supersedes and replaces Executive Order # 03-05 (codified as No. 20-31).
Dated April 12, 2012.
Executive Order No. 20-46 (No. 11-12) [Declaration of State of Emergency — Storm Sandy]
As of October 28, 2012, a state of emergency exists within the State due to Storm Sandy. The State of Vermont, through its various agencies, is taking steps to prepare for the anticipated storm.
NOW, THEREFORE, I, Peter Shumlin, pursuant to the authority vested in me as Governor of the State of Vermont by the Vermont Constitution, Chapter II, § 20 and 20 V.S.A. §§ 8, 9 do hereby declare a state of emergency for the State of Vermont. I further order and direct activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to protect the public and to alleviate hardship and suffering of citizens and communities impacted by the emergency event.
ADDENDUM TO EXECUTIVE ORDER No. 11-12
Pursuant to 20 V.S.A. § 13, I, Peter Shumlin, pursuant to the authority vested in me as Governor of the State of Vermont, hereby proclaim that the state of emergency declared in Executive Order No. 11-12, dated October 29, 2012, has terminated effective November 9, 2012 at 12:00 PM.
Dated November 9, 2012.
Executive Order No. 20-47 (No. 13-12) [Vermont National Guard Trust Fund Board]
WHEREAS, upon deactivation of members of the Vermont Army National Guard after World War I, the company funds of units comprising the First Infantry Regiment, Vermont National Guard, were turned over to the federal War Department (now the Department of Defense); and
WHEREAS, in 1927, the War Department returned the company funds to the Adjutant General for the Vermont Army National Guard, Brigadier General Herbert T. Johnson, to benefit the present and future elements of any reconstituted and/or reactivated regiment; and
WHEREAS, in 1927, Governor John E. Weeks, by special order 54, dated June 21, 1927, created a special committee to review the receipt of these funds and to make recommendations; and
WHEREAS, on June 30, 1927, upon the recommendation of the special committee, the Governor established the 172d Infantry Memorial Trust Fund — the 172d Infantry being the reorganized units of Vermont National Guard units that served in World War I; and
WHEREAS, on July 1, 1960, the fund was re-designated by Executive Order (no number) of Governor Robert T. Stafford as the “Vermont Army National Guard Memorial Trust Fund”; and
WHEREAS, on October 8, 1999, Governor Howard Dean reconstituted the fund as the “Vermont National Guard Trust Fund” and established the Trust Fund Board;
NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby amend the duties and responsibilities of the Trust Fund Board as follows:
I. Composition, Appointments, and Process
The Trust Fund Board shall be chaired by the Adjutant General for the State of Vermont, or his/her designee. The Adjutant General shall appoint members to the Board and shall appoint not less than three members. A majority of the sitting members shall constitute a quorum and action taken by the Board under this Executive Order may be authorized by a majority of members present and voting at any regular or special meeting. The members of the board will not receive any remuneration by the State of Vermont for their participation on the Board.
II. Charge
The Board shall administer the Trust Fund and effectuate the policies and purposes of this Executive Order. Deposits to the currently existing monies shall be made to the Fund from moneys appropriated thereto by the General Assembly from time to time and from any other source, private or public, as approved by the Board. Unexpended balances and any earnings shall not revert to the general fund but shall remain in the fund for use in accord with the purposes of this Executive Order.
The Trust will be for the benefit of all members of the Vermont National Guard.
The original purpose of the Fund was to benefit members of the Vermont National Guard in times of federal activation during an emergency and, in keeping with that purpose, the Fund will continue to be used for members of the Vermont National Guard in times of federal activation during emergencies, war, rebellion, humanitarian effort, operations other that war and in times of state active duty. The Board will establish rules and regulations governing the expenditure of funds under these conditions.
In further keeping with the original intent of the Fund, the Board may disburse part of the Fund as a discretionary fund for the purpose of betterment of the members of the Vermont National Guard. Under no circumstance will this allocation and disbursement reduce the total Fund to an amount lower than $30,000, to be used for the purposes stated in the preceding paragraph.
The Fund, principle and interest, will be invested and reinvested in commercially reasonable investment vehicles as approved by the Board.
If the Board deems necessary, the Board may contract with and/or hire investment consultants, brokers, counselors, or the like and the cost therefore, will be borne by the Fund.
III. Effective Date
This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor.
Dated November 8, 2012.
Executive Order No. 20-48 (No. 04-13) [Governor’s Emergency Preparedness Advisory Council]
Superseded and replaced by Executive Order No. 20-58.
Executive Order No. 20-49 (No. 05-13) [Public Safety Broadband Network Commission]
Superseded and replaced by Executive Order No. 20-57 (codified as Executive Order No. 05-19), dated July 9, 2019.
Executive Order No. 20-50 (No. 05-15) [State of Emergency in Washington County, Call-Out of Guard]
As of July 19, 2015, a state of emergency exists within Washington County due to excessive rainfall. In particular, the town of Barre, located in Washington County, is experiencing severe flooding due to unusually heavy rain and thunderstorms, with the likelihood of significant damage.
Accordingly, I, Peter Shumlin, pursuant to the authority vested in me by the Vermont Constitution, Chapter II, § 20 and 20 V.S.A. §§ 9, 601, and 603, do hereby order as follows:
1. I declare a state of emergency for Washington County;
2. I hereby call out the National Guard of the State of Vermont;
3. I authorize and direct the Adjutant General of the State of Vermont to take all appropriate steps to alleviate hardship and suffering of citizens and communities throughout Washington County that are impacted by the recent storms and flooding;
4. I hereby authorize and direct the Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority; and
5. I further order and direct activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to protect the public and to alleviate hardship and suffering of citizens and communities impacted by the emergency event.
Dated July 20, 2015
Executive Order No. 20-51 (No. 10-17) [Activation of Vermont National Guard for Special Duty]
Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of Laws of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601, 603 and 366, and having determined that the necessity of public service requires it, hereby order and direct the Adjutant General of Vermont to order into service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont for the performance of special duty for the purpose of responding to and providing support for a recovery mission at Mt. Pisgah in Westmore, Vermont.
The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to assist in the performance of this special duty.
Payment for personnel performing the State service shall be in accordance with the provisions of 20 V.S.A. § 603.
This Order shall take effect upon signing.
Dated May 17, 2017.
ADDENDUM TO EXECUTIVE ORDER No. 10-17
WHEREAS, pursuant to Executive Order 10-17, the Vermont National Guard has provided special duty services for the purpose of responding to and providing support for a recovery mission at Mt. Pisgah in Westmore, Vermont.
WHEREAS, the recovery mission has been successfully completed effective May 19, 2017.
NOW THEREFORE, I, Philip B. Scott, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 10-17, effective May 20, 2017 at 00:01.
Dated May 31, 2017.
Executive Order No. 20-52 (No. 14-17) [Activation of Vermont National Guard in the Aftermath of Tropical System Harvey in the State of Texas]
Pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of Laws of the State of Vermont, Chapter II, Section 20, and pursuant to a request from the Governor of Texas pursuant to the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, for the provision of aid and assistance in the aftermath of the Tropical System Harvey declared disaster, I hereby order into service four (4) personnel of the National Guard for the purpose of providing crucial public affairs support to the Defense Support to Civilians mission and conduct media operations. These assets will bolster public affairs capabilities as the mission continues to transition into logistics distribution and long-term life support of affected areas in the Joint Operations Area in the State of Texas.
This Order shall take effect upon signing.
Dated September 5, 2017.
Executive Order No. 20-53 (No. 16-17) [Activation of Vermont National Guard to Assist with Hurricane Irma]
As of September 11, 2017, the President of the United States had signed a Major Disaster Declaration for the State of Florida and Emergency Declarations for the States of Alabama, Georgia and South Carolina, the United States Territories of Puerto Rico and the Virgin Islands and the Seminole Tribe of Florida and the Governor of the State of North Carolina declared a State of Emergency, all as a result of extremely high winds, excessive rain and flooding from Hurricane Irma and related storms, and the devastating impacts and widespread damage which was anticipated and which in fact occurred. The States, Territories and Tribes affected by Hurricane Irma are responding to property damage and the human toll taken by the storm.
Accordingly, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard, by the Constitution of the State of Vermont, Chapter II, Section 20, and by Title 20, Chapter 4 of Vermont Statutes Annotated, and pursuant to requests from the Governors of affected States and Territories in accordance with the Emergency Management Assistance Compact, I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the requesting States and Territories in their efforts to respond to the conditions created or caused by Hurricane Irma and associated storms in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the requesting States and Territories, any and all units of the National Guard of the State of Vermont as he may deem appropriate to carry out the purposes of this Order, to serve for an indefinite period and until relieved by proper authority.
This Order shall take effect upon signing and shall amend and restate Executive Order 16-17 originally issued September 8, 2017, and ratify all deployments made since the original issuance of this Executive Order.
Dated September 13, 2017.
Executive Order No. 20-54 (No. 17-17) [Governor’s Veterans Advisory Council]
WHEREAS, since the founding of our nation, the members of our armed forces have stood courageously against the enemies of freedom and liberty; and
WHEREAS, Vermont is currently home to more than 49,000 men and women who have served their State and country in the armed services, many at great personal sacrifice; and
WHEREAS, the conflicts overseas spanning nearly two decades bring a new generation of Veterans to Vermont; and
WHEREAS, all Vermonters are grateful for the sacrifices of our Veterans who have served our country with distinction; and
WHEREAS, as a society, we place a special responsibility on ourselves to care for our Veterans, or in the words of Calvin Coolidge, “The Nation which forgets its defenders will itself be forgotten”; and
WHEREAS, the military experience of many Vermont Veterans has created special, long-term needs requiring recognition and assistance; and
WHEREAS, the aging population of our Veterans continues to create significant new demands on public services; and
WHEREAS, for their well-being, the voices of the Veteran community must be heard clearly by the State’s political leaders at the highest level in a forum conducive to a free exchange of ideas.
NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby reconstitute the Governor’s Veterans Advisory Council to advise on public policy relating to Vermont’s Veterans as follows:
The Council shall advise the Governor on the full spectrum of Veterans’ needs and how State government can best address the interests of Veterans.
The Council shall be comprised of not more than fifteen (15) members and not more than four (4) alternate members appointed by the Governor. The Council will reflect the diversity of service and experience of Vermont Veterans. Council members shall serve on the Council for a term of two years. The Governor shall appoint the Chair and Vice-Chair of the Council. The Adjutant General of the Vermont National Guard or designee, the CEO of the Vermont Veterans’ Home or designee, and the Director of the White River Junction Veteran’s Affairs (VA) Medical Center or designee shall serve as ex-officio members of the Council.
The appointees to the Council will be broadly representative of the Veteran community and may include members of Veterans Service Organizations (VSOs), Vermont National Guard, Vermont Veterans’ Home, the VA Medical Center and Veterans Benefits Office, Vermont General Assembly, the healthcare community, and individuals not having served in the military with an interest in Veterans’ affairs. The Office of Veterans Affairs will staff the Council.
I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not fulltime State employees pursuant to 32 V.S.A. § 1010(e).
This Executive Order supersedes and replaces Executive Order No. 08-03 dated May 13, 2003 (codified as Executive Order 20-30). This Executive Order shall take effect upon signing.
Dated October 3, 2017.
Executive Order No. 20-55 (No. 03-18) [Governor’s Community Violence Prevention Task Force]
WHEREAS, we need a forum for honest, respectful and fact-based discussions about how all Vermonters can play a role to reduce the risk of violence in our communities, including identifying root causes and developing avenues for open conversations about behavior, mental health, firearm safety, the breakdown of civil discourse and personal responsibility; and
WHEREAS, there is no single solution and Vermonters themselves must be part of any effort to ensure supportive communities, healthy families and positive school climate that are based on inclusion and promoting resiliency and acknowledging these contribute to positive social and emotional development in children; and
WHEREAS, Vermont is not immune to the risk of extreme violence in our schools and communities as evidenced by the recent events in Fair Haven, Vermont which resulted in criminal charges being brought against an 18-year-old former student in connection with what court records show to be a detailed plan to conduct a mass shooting at his former high school in Fair Haven, Vermont; and
WHEREAS, Vermont is currently one of the healthiest and safest states in America with many of the best - and safest - schools in the country; and
WHEREAS, we are also reminded, while we can plan for the eventuality of these horrific events, this is an opportunity to focus our efforts on understanding and addressing the root causes of violent behavior.
NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Community Violence Prevention Task Force as follows:
I. Composition and Appointments.
The Governor’s Community Violence Prevention Task Force shall consist of not more than 14 members to be appointed by the Governor from inside and outside of State government. The State members shall include the Governor’s Commissioner of Public Safety, the Secretary of the Agency of Health and Human Services, the Commissioner of the Department of Mental Health, the Agency of Education School Security Liaison Officer and the Secretary of the Agency of Digital Services or designees.
The remaining appointees to the Task Force will be broadly representative of stakeholders and may include, but not be limited to, mental health care professionals, teachers, students, school officials, sportsmen and/r licensed gun dealers, veterans, security consultants, health care providers, first responders, states attorneys and cybersecurity professionals.
The Task Force will be co-chaired by no more than three members designated by the Governor.
The Task Force may, in its discretion, establish interagency working groups to support its mission, drawing membership from any agency or department of the executive branch of State government, including, but not limited to the Department of Health, Department of Children and Families and the Agency of Education.
The Task Force may also, in its discretion, consult with private sector professionals outside of the Task Force for information and advice on best practices.
II. Community Violence Prevention Task Force Charge and Process.
The mission of the Task Force will be to identify the primary root causes of behavior that leads to violence against others in schools and communities and lead the State’s response to address these issues by ensuring full interagency and intra-agency coordination among state and local governments and schools. The Task Force will identify strategies and lessons learned, relying on credible research and successful community-based violence prevention programs.
The Community Violence Prevention Task Force will be advisory to the Governor. The Task Force shall meet at the call of the Chair(s), but not less frequently than monthly. The Task Force shall:
1. Assess high-quality primary research, including evidence-based Vermont data to the extent it is available regarding the underlying causes of violent behavior in communities. At the request of the House of Representatives by way of Resolution, this review will also consider the connection between excessive video game playing and the propensity to engage in gun violence;
2. Identify best practices for schools and communities to prevent violent behavior including, but not limited to, identifying warning signs and how to report them, recommending ways to improve prevention and reporting of bullying and harassment and closing the operational gaps among the Department of Children and Families, the Department of Mental Health, the Agency of Education, law enforcement and our schools;
3. Identify opportunities to strengthen existing support systems to ensure every school and community has a local rapid reaction/early intervention team involving educators, mental health/social service professionals and law enforcement when concerning behavioral issues are identified;
4. Review opportunities for expanding school safety prevention and preparedness capacity in the Agency of Education and the Department of Public Safety and supporting the work of the Vermont School Safety Center;
5. Evaluate the adequacy of protections for individuals (students and adults) reporting threats, including consideration of shield laws;
6. Explore the feasibility of stronger open source intelligence gathering by the Vermont Intelligence Center and the cybersecurity center with Norwich University once established; and
7. Review existing State health, mental health, education and criminal laws, regulations, policies, and programs and propose appropriate legislative changes, including changes to eliminate redundancy and break down barriers faced by communities and schools in coordinating action with State government.
The Task Force will report to the Governor and make recommendations December 1, 2018, June 1, 2019 and December 1, 2019.
In consultation with the Vermont School Safety Center, the Task Force will do all things necessary to carry out the purpose of this Executive Order.
Meetings of the Task Force will be public. The Task Force will hold at least one (1) meeting in each region of the State. The Task Force shall invite public comment and participation to the greatest extent practicable.
The Community Violence Prevention Task Force shall receive administrative and staff support from the Office of the Governor, and public health data support from the Vermont Departments of Health and Mental Health.
III. Effective Date.
This Executive Order shall take effect upon execution and shall expire December 31, 2019.
Dated April 19, 2018.
Executive Order No. 20-56 (No. 01-19) [State Emergency Management Plan Promulgation]
Signed January 4, 2019; expired by its own terms effective December 31, 2023.
Executive Order No. 20-57 (No. 05-19) [Emergency Communications Advisory Council]
WHEREAS, in 2012, Congress enacted The Middle Class Tax Relief and Job Creation Act that created FirstNet, the authority within the National Telecommunications and Information Administration (NTIA) to oversee the building, deployment and operation of the Nationwide Public Safety Broadband Network (NPSBN); and
WHEREAS, by Executive Order 05-13 (codified as Executive Order 20-49), effective April 30, 2013, Governor Peter Shumlin created the Vermont Public Safety Broadband Network Commission (“Commission”), to help plan, develop, and implement an interoperable wireless network to support the communication needs of Vermont’s first responders and others; and
WHEREAS, after four years of study and consideration, in consultation with a professional technical consultant, the first responder community and the Treasurer’s Office, and after a competitive process conducted to assess the alternatives and an independent review conducted on behalf of the Agency of Digital Services, at its November 20, 2017 meeting the Commission voted to recommend the Governor opt-in to the FirstNet solution for the State of Vermont, thus fulfilling the Commission’s charge to advise the Governor on issues related to the development of a public safety broadband network in Vermont; and
WHEREAS, on November 29, 2017, Governor Philip B. Scott officially “opted-in” to the federal FirstNet plan, allowing FirstNet and AT to begin deployment of the NPSBN in Vermont; and
WHEREAS, the initial deployment of the NPSBN will take place over a five-year period from 2018-2022 and will require feedback and evaluation from Vermont’s public safety community; and
WHEREAS, the deployment of broadband technology interfaces with other types of emergency communication, such as Next Generation 911, Land Mobile Radio, microwave and fiber-based systems; and
WHEREAS, it is in the best interest of the Vermont public safety community to plan for the use of this evolving technology.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby amend and reconstitute the Commission as follows:
I. Composition and Appointments.
The Vermont Public Safety Broadband Network Commission is hereby renamed the “Emergency Communications Advisory Council.”
The Council shall include the Commissioner of the Department of Public Safety, or designee, the Director of Vermont Emergency Management and the Statewide Interoperability Coordinator from the Department of Public Safety and the Colonel of the Vermont State Police, or designee; the Executive Director of the Enhanced 9-1-1 Board, or designee; the Commissioner of the Department of Public Service, or designee; the Secretary of the Agency of Transportation, or designee; and the Secretary of Digital Services, or designee.
The Governor shall appoint members from the Vermont State Firefighters Association; Professional Firefighters of Vermont; Vermont Fire Coalition; municipal law enforcement; Sheriffs; Emergency Medical Service personnel; and one at-large member.
These Council members Council members shall be appointed by the Governor to three-year terms, except that the Governor shall stagger initial appointments so that the terms of no more than four members expire during a calendar year. In appointing Council members, the Governor shall give due consideration to the different geographical regions of the State, and the need for balance between rural and urban areas. Council members shall serve at the pleasure of the Governor.
All Council members shall be voting members.
II. Charge.
The purpose of the Council shall be the following:
• Advise the Governor on issues related to the NPSBN and on emergency communications, generally, in Vermont;
• Advise on the needs of Vermont’s public safety community as it relates to FirstNet and the need for an interoperable, robust, reliable and affordable cellular broadband network, including advice on the placement of fixed network assets and deployables;
• Advise on protocols and policies related to the NPSBN and, as needed, on emergency communications generally; and
• Advise on planning activities needed to prepare Vermont’s public safety community for emergency communications technology transitions.
The Council shall report to the Governor bi-annually on the NPSBN in Vermont and nationally, and shall include information regarding the use of grant money received in Vermont for coordination efforts during the initial deployment phases of the NPSBN.
III. Council Process.
The Commissioner of the department of Public Safety shall appoint the Chair of the Council, which may be the Commissioner. The Council shall meet at the call of the Chair and shall keep the Governor apprised on the State’s overall interactions with FirstNet and the deployment of the NPSBN in Vermont and emergency communications generally. The Council may select a Vice Chair. If necessary, the Council may designate an Executive Committee and other subcommittees. A majority of members shall constitute a quorum.
The Council shall receive administrative support from the Department of Public Safety and meet on an as-needed basis.
Members who are not otherwise employed by the State, a County or a municipality may receive per diem compensation in accordance with 32 V.S.A. § 1010(e).
IV. Effective Date.
This Executive Order shall take effect upon signing and shall supersede and replace Executive Order 05-13 (codified as Executive Order 20-49), dated April 30, 2019 and Executive Order No. 02-12 (codified as E.O. 20-44), dated January 17, 2012.
Dated July 9, 2019
Executive Order No. 20-58 (No. 06-19) [Governor’s Emergency Preparedness Advisory Council]
WHEREAS, Vermont must be prepared to prevent, respond to, recover from, mitigate and protect Vermonters from all natural and man-made hazards; and
WHEREAS, Vermont must be prepared to prevent, and protect Vermonters from terrorism, homegrown violent extremists and evolving threats both domestic and foreign; and
WHEREAS, the Governor is responsible for coordinating, to the fullest extent possible, the emergency management plans and program of the State; and
WHEREAS, it is imperative that there be the greatest possible coordination and communication among federal, state and local governments, the Vermont National Guard, first responders, law enforcement, emergency managers, public health officials, regional planning commissions and private community organizations, including faith-based organizations in order to provide the Governor with advice and counsel on approaches to strengthen and improve our homeland security and emergency preparedness.
NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as the Governor of the State of Vermont, do hereby order and direct:
The ‘Governor’s Emergency Preparedness Advisory Council‘ (Council) is reconstituted as set forth below:
I. Composition and Appointments
The Council shall include members from the following interested parties to be appointed by the Governor: volunteer fire service; career fire service; emergency medical services; municipal police; sheriffs; state fusion center (in Vermont, known as the Vermont Information Center); federal government; municipal government; local emergency management; private community organizations; the Vermont utility industry; hospitals; public health officials; statewide interoperability governing body; disability inclusion working group; a state Citizen Corps representative; and faith-based organizations.
The Council shall include the following ex officio members or their designees: the Secretary of Civil and Military Affairs, the Adjutant General, the Secretary of Administration, the Secretary of the Agency of Agriculture, Food and Markets, the Secretary of the Agency of Transportation, the Secretary of the Agency of Digital Services, the Secretary of the Agency of Education, the Secretary of the Agency of Human Services, the Commissioner of Health, the Commissioner of Public Safety, the E-911 Director, the state Homeland Security Advisor, the Colonel of the Vermont State Police, the Director of the Division of Emergency Management, the Chief Information Security Officer and the Statewide Interoperability Coordinator.
The Governor shall invite the Speaker of the House, the Lieutenant Governor and a member of the Senate appointed by the Committee on Committees to participate on the Council.
The Governor may consult with private sector professionals outside of the Council for information and advice. All State Agencies and Departments, as well as the Attorney General and the Executive Director of the Office of State’s Attorneys and Sheriffs shall participate upon request of the Governor or the Chair of the Council, as needs dictate.
The Governor shall appoint the Chair of the Council.
II. Charge
The mission of the Council shall be to assess the State’s overall homeland security and emergency preparedness programs, policies, and communications and provide for coordinated input by stakeholders in the preparation, implementation, evaluation and revision of the current systems.
Further, the Council shall consider the interdependencies between the private sector, non-profit organizations, faith-based and community organizations, and all levels of government, including local, state and federal with the goal of maximizing these relationships and reducing duplication of effort. The Council shall advise on the allocation of funding to support the programs while mindful of available financial resources and fiscal realities.
III. Council Process
The Council shall meet at the call of the Chair and shall advise the Governor, as needed, on the State’s overall threat and hazard preparedness, policies and communications.
Administrative and staff support shall be provided by the Department of Public Safety.
The Council may adopt operating guidelines which are consistent with this Executive Order.
IV. Effective Date
This Executive Order shall be effective as of July 15, 2019 and shall expire on July 15, 2024.
This Executive Order supersedes and replaces Executive Order# 04-13 (codified as Executive Order No. 20-48).
Dated: July 17, 2019
ADDENDUM 1 TO EXECUTIVE ORDER 06-19
[Governor's Emergency Preparedness Advisory Council Extension]
WHEREAS, on July 17, 2019, the Governor issued Executive Order 06-19 which established the Governor's Emergency Preparedness Advisory Council (“GEPAC Executive Order”), to provide the Governor with advice and counsel on approaches to strengthen and improve our homeland security and emergency preparedness; and
WHEREAS, the mission of the GEPAC is to assess the State's overall homeland security and emergency preparedness programs, policies, and communications and provide for coordinated input by federal, state and local governments, the Vermont National Guard, first responders, law enforcement, emergency managers, public health officials, regional planning commissions and private community organizations, including faith-based organizations in the preparation, implementation, evaluation and revision of the current systems; and
WHEREAS, understanding the GEPAC serves a critical public health and safety function, the Governor has determined to rescind its 2024 expiration. NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as the Governor of the State of Vermont, do hereby order and direct that effective July 15, 2024, the expiration of Executive Order 06-19 (codified as Executive Order No. 20-58), is hereby rescinded.
September 19, 2024.
Executive Order No. 20-59 (No. 01-20) [Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), in the United States; and
WHEREAS, this rapidly evolving global situation required the Governor to direct the Vermont Department of Health (VDH) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed Vermont Emergency Management (VEM) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (SEOC), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, we now know that while most individuals affected by COVID-19 will experience mild flu-like symptoms, some individuals, especially those who are elderly or already have severe underlying chronic health conditions will have more serious symptoms and require hospitalization; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been detected in the region and this transmission is expected to continue; and
WHEREAS, if no mitigation steps are taken, COVID-19 would likely spread in Vermont at a rate similar to the rate of spread in other states and countries, and the number of persons requiring medical care could exceed locally available resources; and
WHEREAS, it is critical we take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and
WHEREAS, Vermonters must come together as we have before in a crisis, to do our part to protect the very ill and elderly by preventing and slowing the spread of this virus and ensure those who experience the most severe symptoms have access to the care they need.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard, by the Constitution of the State of Vermont, Chapter II, Section 20 and under 20 V.S.A. §§ 8, 9 and 11 and Chapter 29, hereby declare a State of Emergency for the State of Vermont.
IT IS HEREBY ORDERED:
1. All State licensed nursing homes (as defined in 33 V.S.A. § 7102(7)), the Vermont Psychiatric Care Hospital (VPCH) and Middlesex Therapeutic Community Residence shall prohibit visitor access to reduce facility-based transmission. This prohibition shall not apply to medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of the Vermont Department of Health.
2. All State licensed assisted living residences (as defined in 33 V.S.A. § 7102(1)), Level III residential care homes (33 V.S.A. 7102(10)(A)), and intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), shall prohibit visitor access to reduce facility-based transmission. This prohibition shall not apply to two designated visitors, medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of the Vermont Department of Health.
3. All State therapeutic community residences (as defined in 33 V.S.A. § 7102(11)), and Level IV residential care homes (33 V.S.A. § 7102(10)(B)), shall restrict visitor access as necessary to reduce facility-based transmission. This restriction shall not apply to medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of the Vermont Department of Health.
A “non-essential gathering” does not include normal operations at airports, bus or railway stations where persons may be in transit; typical office, construction, manufacturing, grocery, food production, retail and retail banking, professional or other employment environments; gatherings of the press; or operations of the Vermont Judiciary or General Assembly consistent with their constitutional authority. Questions from commercial entities, employers, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.
4. All hospitals (as defined in 18 V.S.A. § 1902), except VPCH, shall develop visitation policies and procedures that conform to a minimum standard which shall be developed by the Agency of Human Services to restrict visitor access to reduce facility-based transmission.
5. In order to limit exposure and protect state employees, all non-essential out-of-state travel by State employees for State business is hereby suspended. The Secretary of Administration shall, in consultation with the Commissioner of Health, develop guidance for employees returning from out-of-state travel. The Secretary of Administration shall also, in consultation with the Commissioner of Human Resources, encourage and facilitate telework among those State employees with the capacity to work remotely.
6. To help preserve and maintain public health, I hereby prohibit all large non-essential mass gatherings of more than 250 people in a single room or single space at the same time for social and recreational activities, such as an auditorium, stadium, arena, large conference room, meeting hall, cafeteria, theater, or any other confined indoor or confined outdoor space.
A “non-essential mass gathering” does not “notinclude normal operations at airports, bus or railway stations where 250 or more persons may be in transit. It also does not include typical office environments or retail or grocery stores where large numbers of people are present, but where it is unusual for them to be within arm’s length of one another. Questions from commercial recreational entities, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.
7. In preparing for and responding to COVID-19, all agencies of the state shall use and employ state personnel, equipment, and facilities or perform any and all activities consistent with the direction of VDH and the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan.
8. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by COVID-19 in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.
9. The Department of Financial Regulation shall, in consultation with the Departments of Labor, Tax, and Finance and Management, collect data on the state’s demographics and analyze the potential and actual impacts of a COVID-19 outbreak on the state’s population, the labor force and the economy, including state revenues.
10. In order to limit the spread of COVID-19 through community contacts, DPS shall, in consultation with VDH, coordinate the allocation of statewide investigatory resources to enhance VDH capacity for contact tracing.
11. The Commissioner of Motor Vehicles is hereby directed to develop a plan to extend DMV licensing and registration renewal deadlines and other statutory and regulatory DMV requirements to mitigate contagion risk by reducing customer traffic throughout all DMV district offices.
12. While many are concerned about the welfare of their children in the pre-K-through-12 schools, suspension of school at this time is not recommended by the Commissioner of Health as of the date of this Order. The Secretary of Education is hereby directed to develop a contingency plan for school closings necessitated by COVID-19 for such time as this may be recommended by VDH and VEM.
13. I hereby direct that no school superintendent or school board shall cause a student or parent to be penalized for student absences that are the result of following medical advice or the guidance of VDH or arising from the concerns of parents or guardians relating to COVID-19.
14. The Commissioner of Health shall oversee the investigation, coordination and mitigation efforts for the duration of this Order. All local boards of health shall consult with and abide by the recommendations of the Commissioner of Health prior to taking any action regarding isolation or quarantine of an individual(s). Town health officers shall work with and assist the Department as directed by the Commissioner of Health.
15. Relevant rules governing medical services shall be suspended to the extent necessary to permit such personnel to provide paramedicine, transportation to destinations including hospitals and places other than hospitals or health care facilities, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Commissioner of Health.
16. Relevant rules governing nursing services shall be suspended to the extent necessary to permit such personnel to provide medical care, including but not limited to administration of medicine, prescribing of medication, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Secretary of State in consultation with the Commissioner of Health.
17. The Agency of Commerce and Community Development shall work with U.S. Small Business Administration (SBA) and Vermont Small Business Development Center (SBDC) to survey businesses to determine the economic impact of losses for the disaster period as compared to the same period of the preceding year for the purpose of applying to the U.S. Small Business Administration (SBA) for SBA Economic Injury Disaster Loans.
18. To ensure that workers affected by COVID-19 have access to wage replacement programs, I hereby direct the Department of Labor to extend unemployment insurance to those Vermonters following the instructions of their healthcare providers to self-isolate or quarantine; to remove the work search requirement for those workers affected by temporary closure of a business; and to temporarily suspend any mechanisms that would delay the release of funds to claimants. Further, I hereby direct the Commissioner of Labor to work with the Legislature on other opportunities to extend benefits to workers affected by COVID-19.
19. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.
This Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with VDH and DPS/VEM, shall assess the emergency and determine whether to amend or extend this Order.
ADDENDUM 1 TO EXECUTIVE ORDER 01-20
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of Health and the Department of Public Safety/Division of Vermont Emergency Management, to amend the Executive Order to further restrict the size of mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility; and
WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health in the interest of furthering “social distancing” and is expected to help prevent and reduce the spread of COVID-19.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby amend and restate Section 6 of the Executive Order to further restrict the size of “mass gatherings,” as follows:
6. To help preserve and maintain public health, I hereby prohibit all non-essential mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility at the same time for social, recreational or entertainment activities, such as an auditorium, stadium, arena, large conference room, meeting hall, cafeteria, theater, bar, restaurant, gym or any other confined indoor or confined outdoor space.
A “non-essential mass gathering” does not include normal operations at airports, bus or railway stations where persons may be in transit. It also does not include typical office environments or retail or grocery stores where large numbers of people are present, but where it is unusual for them to be within arm’s length of one another. Questions from commercial entities, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.
Dated March 16, 2020
ADDENDUM 2 TO EXECUTIVE ORDER NO. 01-20
ORDER PROHIBITING GATHERINGS OF 50 PEOPLE OR 50% OF PERMITTED OCCUPANCY, WHICHEVER IS LESS, AND ON-PREMISES CONSUMPTION OF FOOD AND DRINK
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and
WHEREAS, after receiving updated recommendations from the CDC, social distancing and mitigation efforts recommended by the Vermont Department of Health, and in consultation with neighboring states for a regional approach, the Governor has determined it is necessary to close all bars and restaurants statewide through April 6, 2020, although food service establishments may continue to offer takeout and delivery service; and
WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby amend and restate Section 6 of the Executive Order to further restrict the size of “mass gatherings,” and prohibit on-premises consumption of food or drink as follows:
6. To help preserve and maintain public health, except as set forth below, I hereby prohibit all non-essential mass gatherings of fifty (50) people or fifty percent (50%) of the occupancy of a facility, whichever is less, at the same time for social, recreational or entertainment activities, such as an auditorium, stadium, arena, large conference room, meeting hall, theater, gymnasium, fitness center, library or any other confined indoor or confined outdoor space.
A “non-essential mass gathering” does not include normal operations at airports, bus or railway stations where persons may be in transit. It also does not include typical office environments or retail or grocery stores where large numbers of people are present, but where it is unusual for them to be within arm’s length of one another. Questions from commercial entities, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.
Effective Tuesday, March 17, 2020 at 2:00 p.m. and continuing in full force and effect until April 6, 2020, any restaurant, bar, or establishment that offers food or drink shall not permit on-premises consumption of food or drink; provided however, such establishments may continue to offer food for take-out and by delivery. On or before April 6, 2020, the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order as it relates to restaurants, bars, or establishments that offer food or drink.
Dated: March 16, 2020
ADDENDUM 3 TO EXECUTIVE ORDER NO. 01-20
Suspension of all Non-Essential Adult Elective Surgery and Medical and Surgical Procedures
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and
WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and
WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness; and
WHEREAS, to aggressively address COVID-19, conservation of critical resources such as ventilators and Personal Protective Equipment (PPE) is essential, as well as limiting exposure of patients and staff to COVID-19; and
WHEREAS, after receiving updated recommendations from the U.S. Surgeon General and the U.S. College of Surgeons, the Centers for Medicare & Medicaid, and in consultation with the Commissioner of the Department of Health and the Vermont Association of Hospitals and Health Systems, the Governor has determined it is necessary to suspend all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures; and
WHEREAS, the suspension of all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures will be critical in helping to protect patients, reduce exposure to healthcare providers and preserve critical personal protective equipment (PPE), which is in critical demand around the country; and
WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order all clinicians in Vermont to expedite postponement of all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures in the safest but most expedient way possible.
At all times, the supply of personal protective equipment (PPE), hospital and intensive care unit beds, and ventilators should be considered, even in areas that are not currently dealing with COVID-19 infections. While case-by-case evaluations will be made by clinicians, the following factors are to be considered as to whether planned surgery should proceed:
• Current and projected COVID-19 cases in the facility and region
• Supply of PPE to the facilities in the system
• Staffing availability
• Bed availability, especially intensive care unit (ICU) beds
• Ventilator availability
• Health and age of the patient, especially given the risks of concurrent COVID-19 infection during recovery
• Urgency of the procedure
This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order as it relates to the suspension of adult elective surgery and medical and surgical procedures, including all dental procedures.
Dated March 20, 2020
AMENDMENT TO ADDENDUM 3 TO EXECUTIVE ORDER 01-20
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and
WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness; and
WHEREAS, to aggressively address COVID-19, conservation of critical resources such as ventilators and Personal Protective Equipment (PPE) is essential, as well as limiting exposure of patients and staff to COVID-19; and
WHEREAS, after receiving updated recommendations from the U.S. Surgeon General and the U.S. College of Surgeons, the Centers for Medicare & Medicaid, and in consultation with the Commissioner of the Department of Health and the Vermont Association of Hospitals and Health Systems, the Governor determined it was necessary to suspend all non-essential adult elective surgery and medical and surgical procedures, including dental procedures, pursuant to Addendum 3 to the Executive Order as of March 20, 2020, in order to help protect patients, reduce exposure to healthcare providers and preserve PPE; and
WHEREAS, the Governor, in consultation with the Commissioner of the Department of Health and representatives of Vermont healthcare providers, has determined a limited resumption of outpatient services, including clinic visits, diagnostic imaging and limited outpatient surgeries and procedures is appropriate at this time.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby authorize the Commissioner of the Vermont Department of Public Health to issue mitigation requirements and procedures for the resumption of clinic visits, diagnostic imaging and such outpatient surgeries and procedures that have a minimal impact on inpatient hospital bed capacity and PPE levels, including those performed in the office or ambulatory surgical care setting.
The Commissioner of the Department of Public Health, with the approval of the Governor, may, from time-to-time, update and modify the mitigation requirements and procedures regarding the resumption of additional adult elective surgery and medical and surgical procedures, including dental procedures.
If the Commissioner of the Vermont Department of Health has determined that a COVID-19 outbreak has occurred and providers cannot safely care for Vermonters in a way that (1) limits the exposure of patients and staff to COVID-19; (2) preserves PPE and ventilators; and (3) preserves inpatient hospital capacity, it will notify and require all providers in the region to return to the standards set out in Addendum 3 to the Executive Order. Depending on the severity of the outbreak, the Vermont Department of Health may require all Vermont providers to return to those standards.
This Amendment to Addendum 3 to the Executive Order shall take effect upon signing and, except as amended hereby, Addendum 3 to the Executive Order, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend Addendum 3, as amended.
Dated May 4, 2020
ADDENDUM 4 TO EXECUTIVE ORDER 01-20
Closure of Close-Contact Businesses and Further Restrictions of the Size of Mass Gatherings
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, since that time, the number of cases of COVID-19 which have been tested as presumptively positive in the State has grown exponentially; and
WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and
WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to reduce close contact among individuals, including the temporary closure of bars and restaurants, schools and daycare facilities other than those providing childcare services as needed for the children of essential personnel and DMV district offices; limiting the size of mass gatherings; and postponing all non-essential medical procedures; and
WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has determined it is necessary to cease all in-person operations of businesses which, by the very nature of their business, are unable to comply with Centers for Disease Control (CDC) guidelines regarding social distancing; and
WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has determined it is necessary to further reduce the size of mass gatherings; and
WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order as follows:
1. No later than 8:00 p.m. on Monday, March 23, 2020, gymnasiums, fitness centers and similar exercise facilities, hair salons and barbers, nail salons, spas and tattoo parlors shall cease all in-person operations.
2. For the avoidance of doubt, at this time, subject to closures and limitations provided in prior orders, all other businesses may remain open, but must, to the extent practicable, implement CDC guidance to ensure social distancing, including:
• maintaining a distance of 6 feet between person;
• ensuring employees practice appropriate hygiene measures, including regular, thorough handwashing;
• ensuring that employees who are sick remain home; and
• regularly cleaning and disinfecting frequently touched objects and surfaces.
3 I hereby further amend and restate Section 6 of the Executive Order to prohibit all non-essential gatherings of more than ten (10) people at the same time in a space such as an auditorium, stadium, arena, large conference room, meeting hall, theater or any other confined indoor or confined outdoor space which encourages congregation.
4. All public and private enterprises shall post appropriate notices requiring compliance with recommendations by the CDC and the Commissioner of the Vermont Department of Health including, at a minimum, those set forth above in Section 2.
This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.
Dated March 20, 2020
ADDENDUM 5 TO EXECUTIVE ORDER 01-20
Order to Work From Home for all Businesses and Non-Profits
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, since that time, the number of cases of COVID-19 which have been tested as presumptively positive in the State has grown exponentially; and
WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and
WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to reduce close contact among individuals, including the closure of bars and restaurants, schools and day care centers and close contact businesses, limiting the size of mass gatherings and postponing all non-essential medical procedures; and
WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has determined it is necessary to require all businesses and not-for-profit entities in the state to utilize telecommuting, to the maximum extent possible; and
WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order, effective on Monday, March 23, 2020 at 8:00 p.m., all businesses and not-for-profit entities in the state to put into place, to the maximum extent possible, telecommuting or work from home procedures.
This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.
Dated: March 23, 2020
ADDENDUM 6 TO EXECUTIVE ORDER 01-20
[Stay Home/Stay Safe]
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, since that time, the number of cases of COVID-19 which have been tested as presumptively positive in the State has grown exponentially and unfortunately the State has seen its first deaths from this disease; and
WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and
WHEREAS, VDH is urging all residents of the State to limit normal everyday activities outside of the home and to practice social distancing at all times to limit the spread of this highly contagious and potentially deadly virus; and
WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the Department of Health (VDH), the Governor has directed a number of mitigation strategies for the State in order to reduce close contact among individuals, including the closure of bars and restaurants, schools and day care centers and close contact businesses; limiting the size of mass gatherings; postponing all non-essential medical procedures; and ordering all businesses to implement telecommuting where possible; and
WHEREAS, the Governor understands most Vermonters, Vermont communities and Vermont businesses recognize the potentially disastrous effects of COVID-19 if we were to continue business as usual, and have taken responsible, common sense, and creative measures to conduct our businesses and our lives in a manner consistent with CDC and Vermont Department of Health social distancing guidelines; and
WHEREAS, nonetheless, further measures are needed to reduce the spread of COVID-19 to, avoid needless illness and deaths while ensuring the continuity of functions critical to public health and safety and our economic and national security.
NOW THEREFORE, in order to restrict and minimize all unnecessary activities outside of the home or place of residence during the state of emergency, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following:
1. To preserve the public health and safety, to ensure the healthcare delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, Vermonters are directed to stay at home or in their place of residence, leaving only for essential reasons such as: personal safety; groceries or medicine; curbside pick-up of goods, meals or beverages; medical care; exercise; care of others; and work, as set forth further below. Vermonters shall significantly restrict normal activities outside the home or place of residence, consistent with CDC guidance, to help stop the spread of the virus.
2. As previously directed, all workers shall work remotely when possible.
3. Except as set forth below, effective Wednesday, March 25, 2020 at 5 p.m., subject to closures and limitations provided in prior orders, all businesses and not-for-profit entities in the state shall suspend in-person business operations. These businesses and not-for-profit entities are encouraged to develop business strategies, procedures and practices such as using an on-line presence, telephone and web-based service delivery and phone or on-line orders for curb-side pick-up and delivery.
The Vermont Agency of Commerce and Community Development (ACCD), shall develop a process for responding to questions regarding acceptable continuation of business operations.
4. All businesses, governmental entities and not-for-profit entities shall develop strategies, procedures and practices designed for strict adherence to CDC and VDH guidance to ensure recommended social distancing, including, to the extent possible:
a. maintaining a distance of 6 feet between persons;
b. requiring employees to practice appropriate hygiene measures, including regular, thorough handwashing;
c. requiring employees who are sick remain home; and
d. regularly cleaning and disinfecting frequently touched objects and surfaces.
5. Businesses and entities providing services or functions deemed critical to public health and safety, as well as economic and national security shall remain in operation, and, except as set forth in Section 4 above, shall not be subject to the in-person restrictions set forth in Section 3.
6. Services or functions in Vermont deemed critical to public health and safety, as well as economic and national security include:
a. health care operations such as COVID-19 testing and clinical research, hospital personnel and other healthcare providers, public health workers and other healthcare service providers, laboratory services, caregivers, logistics, technology, security and custodial support, blood and plasma donors and mortuary services;
b. law enforcement, public safety and first responders, including fire, ambulance services, emergency medical technicians and emergency management personnel;
c. critical infrastructure including utilities, telecommunication, airports and transportation infrastructure;
d. construction necessary to support the COVID-19 response and maintain critical infrastructure;
e. critical manufacturing, including food and animal feed manufacturing, processing and supply, pharmaceuticals and other manufacturing necessary to support the COVID-19 response as well as economic and national security;
f. retail serving basic human needs such as grocery stores, pharmacies, other retail that sells food, beverage, animal feed and essential supplies, provided, these retail operations shall be conducted through on-line and telephone orders for delivery and curb-side pickup to the extent possible;
g. fuel products and supply;
h. hardware stores, provided, these retail operations shall be conducted through on-line and telephone orders for delivery and curb-side pickup to the extent possible;
i. transportation sector and agricultural sector equipment parts, repair and maintenance, provided these retail operations shall be conducted through on-line and telephone orders for delivery and curb-side pickup to the extent possible;
j. trash collection and disposal, recycling and operations and maintenance of drinking water and wastewater/drainage infrastructure;
k. agriculture and farms, animal shelters, production and delivery of seed, chemicals and fertilizers, CSAs and veterinarians;
l. lodging, to the extent required to support COVID-19 response, critical infrastructure and national security;
m. other building and property services for the safety, sanitation and operations of residences or other businesses;
n mail and shipping services;
o news media;
p. banks and related financial institutions, provided, however, routine retail banking operations shall be limited to transactions conducted through automated teller machines, drive-through services and online and telephone services;
q. providers of necessities and services to economically disadvantaged populations; and
r. other vendors of technical, security, logistics, custodial and equipment repair and maintenance services necessary to support the COVID-19 response, critical infrastructure and national security.
7. ACCD shall develop additional guidance as to which businesses are determined to be critical to public health and safety, as well as economic and national security.
Other businesses may be determined to be critical to public health and safety, as well as economic and national security after requesting an opinion from ACCD. ACCD shall consider:
• whether a business is necessary in order to properly respond to this emergency;
• whether a business transaction or the performance of services requires in-person contact;
• implications for business operations in Vermont, taking into account the economic and societal impacts as well as supply chain dependencies that are geographically distributed; and
• such other factors as the Secretary of ACCD shall determine, in consultation with the Commissioner of the Department of Health and the Commissioner of Public Safety.
8. Essential state and local government functions will also remain open, including offices that provide essential government services.
Except as otherwise set forth herein, this Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.
Dated: March 24, 2020
AMENDMENT TO ADDENDUM 6 TO EXECUTIVE ORDER 01-20
[Stay Home/Stay Safe: Restart Phase VI]
WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 900 cases and over 50 related deaths; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and
WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the Department of Health (VDH), the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness; and
WHEREAS, after consultation with the Commissioner of the Department of Health, the Governor determined it was necessary to require Vermonters to stay home and to limit travel to essential activities only, and suspend the operation of all non-essential businesses and non-profit governmental services pursuant to Addendum 6 to the Executive Order as of March 24, 2020 (Stay Home/Stay Safe), in order to help reduce the spread of COVID-19; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy and continues to do so with a limited reopening of retail businesses.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby authorize the Secretary of the Agency of Commerce and Community Development (ACCD) to issue mitigation requirements and procedures for the limited, incremental and phased resumption of business, non-profit and government entity operations which had previously been determined to be non-critical services under Stay Home/Stay Safe, effective Monday, May 18, 2020. The limited, incremental, and phased resumption of business, non-profit and government entity operations shall begin with non-essential retail; and mitigation requirements and procedures issued by the Secretary shall require implementation of appropriate occupancy limits and physical distancing, health and sanitation and training measures.
1. The Secretary of the Agency of Commerce and Community Development (ACCD), in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize additional limited, incremental, and phased resumption of business, non-profit and government entity operations and update and modify the mitigation requirements and procedures regarding the resumption of business, non-profit and government entity operations.
If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and businesses and non-profit and government entities cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19 and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all businesses and non-profit and government entities to return to certain standards of operation.
2. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements issued by ACCD.
3. All businesses and not-for profit and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.
4. Addendum 2 to the Executive Order dated March 16, 2020, which prohibited on-premises consumption of food or drink, Addendum 4 to the Executive Order dated March 20, 2020, which suspended the operation of close contact businesses, and Addendum 5 to the Executive Order dated March 23, 2020, which required all businesses, and non-profit and government entities to implement telework procedures to the extent possible, shall remain in full force and effect.
This Amendment to Addendum 6 to the Executive Order shall take effect upon signing and, except as amended hereby, Addendum 6 to the Executive Order, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend Addendum 6, as amended.
Dated May 13, 2020
ADDENDUM 7 TO EXECUTIVE ORDER NO. 01-20
[Quarantine Restrictions on Travelers Arriving in Vermont]
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, aggressive and sustained efforts are necessary to slow the spread of the COVID-19 virus and lessen the strain on Vermont’s healthcare system; and
WHEREAS, the COVID-19 virus continues to spread and threatens to overwhelm the State’s ability to respond; and
WHEREAS, due to extensive community transmission of COVID-19 in our neighboring states of New York, New Jersey and Connecticut, the Centers for Disease Control and prevention (“CDC”), has advised residents of those states to refrain from non-essential domestic travel for 14 days effective immediately; and
WHEREAS, many Vermonters are returning to Vermont as the weather warms; and
WHEREAS, Vermont recognizes and understands the desire of many of our second-home owners who are residents in regions of the country where COVID-19 is viewed as a greater threat to return to their homes in Vermont; and
WHEREAS, on March 24, 2020, the Governor issued an Executive Order directing all Vermonters to stay at home or in their place of residence, leaving only for essential reasons and further directing all businesses and non-profit entities to cease operations unless these entities provide services or functions deemed critical to public health and safety (“Stay Home/Stay Safe”); and
WHEREAS, Stay Home/Stay Safe made clear commercial lodging shall be suspended unless required to support COVID-19 response, critical infrastructure and national security; and
WHEREAS, the Governor has determined, in light of the significant risk posed by the further spread of this dangerous disease to Vermonters and the viability of our health care system, to direct residents and non-residents alike coming from outside the State to self-monitor and home-quarantine for a period of 14 days.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following:
1. To preserve the public health and safety, to ensure the healthcare delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, any person, resident or non-resident, travelling into Vermont for anything other than an essential purpose, must immediately self-quarantine for 14 days or the balance of 14 days dating from the day of arrival.
2. “Essential purpose” for purposes of this quarantine restriction shall mean travel required for personal safety; food, beverage or medicine; medical care; care of others; and to perform work, services or functions deemed critical to public health and safety, as well as economic and national security, as set forth in Stay Home/Stay Safe.
3. The Agency of Transportation and the Department of Motor Vehicles are hereby directed to post this guidance at all major points of entry into Vermont, on highway message boards and at the Burlington International Airport and all other Vermont airports.
4. Guidance for self-quarantine shall be made available by the Vermont Department of Health.
5. Visitors are instructed not to travel to Vermont if they are displaying symptoms or if they are travelling from cities and regions identified as COVID-19 “hot spots,” including, among others, the states of Florida and Louisiana and the cities of Detroit, Chicago and New York City. In addition, residents of New York, New Jersey and Connecticut should stay in their home states in strict compliance with CDC travel guidance issued Saturday, March 28, 2020. This is essential if you will be in close contact with people who are older adults or have a severe chronic health condition.
6. For the purpose of clarifying Stay Home/Stay Safe as it relates to the suspension of lodging operations, “lodging” shall include, but not be limited to, hotels, motels, bed and breakfasts, inns, short term rentals, such as those made available through VRBO, Homeaway, AirBnb and other services, parks for recreational vehicles and campgrounds, all public and private camping facilities including those managed by the Vermont Department of Parks and Recreation. Lodging may be provided for the following purposes:
a. Housing vulnerable populations (emergency shelter for homeless individuals) as arranged through the state.
b. Providing accommodations for health care workers, or other workers deemed necessary to support public health, public safety or critical infrastructure.
c. Use of lodging properties being as quarantine facilities as arranged by the state.
d. Limited verifiable extenuating circumstances for the care and safety of Vermonters.
On-line reservations shall be suspended and lodging providers shall post a prominent notice on their web platforms which advises potential guests that reservations for lodging in Vermont, as allowed above, shall be accepted by phone only.
Lodging providers may permit existing guests to remain through the end of their scheduled stay, however, may not allow extended stay or new reservations, except for the purposes set forth above.
7. All state agencies and departments, including the offices of elected officials in the Executive Branch, which register, regulate or otherwise have contact information regarding lodging facilities, shall provide an electronic advisory regarding the suspension of lodging operations, consistent with this Executive Order.
8. The Vermont State Police and all county and municipal law enforcement agencies shall monitor the compliance with this Executive Order by lodging providers and notify the Office of the Attorney General regarding potential non-compliance using a reporting method prescribed by the Department of Public Safety.
9. The Attorney General shall take such steps as he deems necessary and reasonable to ensure the compliance of lodging providers with this Executive Order.
Except as otherwise set forth herein, this Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.
Dated: March 30, 2020
ADDENDUM 8 TO EXECUTIVE ORDER NO. 01-20
[Non-Congregate Sheltering in Vermont; Extension of Certain Deadlines Relating to Closures of DMV and Bars and Restaurants]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), in the United States; and
WHEREAS, the Governor directed the Vermont Department of Health (VDH) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed Vermont Emergency Management (VEM) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (SEOC), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID19 in Vermont; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a State of Emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the coronavirus (COVID-19) pandemic, under which FEMA’s Regional Administrators have been delegated authority to approve requests for non-congregate sheltering for the duration of the Secretary of Health and Human Services’ declaration of a Public Health Emergency for COVID-19; and
WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts, including the provision of non-congregate sheltering, to save lives, to protect property and public health, and to ensure public safety in this Public Health Emergency.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order as follows:
1. Local governments, state agencies and private non-profit organizations statewide shall:
a. To the extent not already in place, arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.
b. To the extent not already in place, implement a temporary quarantine and isolation program utilizing non-congregate solutions including hotels, motels, dormitories, or other forms of non-congregate shelter for current clients and vulnerable populations for the purpose of providing adequate social distancing between all individuals who are reasonably believed to have been exposed to or infected with COVID-19, or recovering from COVID-19.
c. Local governments and private non-profit organizations, which determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders and health care workers who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, shall provide alternative non-congregate housing to this population of first responders and health care workers.
This Section 1 shall take effect as of March 1, 2020 and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.
2. In accordance with the Executive Order, Addendum 2 was issued to suspend on-premises consumption of food or drink at any restaurant, bar, or establishment that offers food or drink. In accordance with the Executive Order, Directive 3 was issued to direct the Department of Motor Vehicles (DMV) to suspend in-person visits to the DMV district offices. Effective upon signature, this Section 2 shall clarify that both Addendum 2 and Directive 3 are subject to Addendum 6 to the Executive Order (Stay Home, Stay Safe), and both the Addendum and the Directive are hereby extended and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.
This Addendum shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.
Dated: April 3, 2020
ADDENDUM 9 TO EXECUTIVE ORDER 01-20
[Extension of State of Emergency Declared March 13, 2020; Other COVID-19 Related Directives and Clarifications]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (“COVID-19”), in the United States; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS/VEM”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and
WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including:
• Directive 1 issued March 15, 2020, to all School Boards and Superintendents for Continuity of Education Planning which closed all schools to in-person education and required planning for education continuity;
• Addendum 1 to the Executive Order issued March 16, 2020, which modified the Executive Order to prohibit all non-essential mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility at the same time for social, recreational or entertainment activities;
• Addendum 2 to the Executive Order issued March 17, 2020 ordering restaurants, bars, or establishments that offer food or drink to suspend on-premises consumption of food or drink;
• Directive 2 issued March 17, 2020 to all School Boards, Superintendents, and Child Care Programs to close childcare centers and provide for services to children of Essential Persons during the closure period in response to COVID-19;
• Directive 3 issued March 18, 2020 directing Department of Motor Vehicle services to provide online, by mail or phone, and suspend all in-person transactions;
• Directive 4 issued March 19, 2020 to the Department of Liquor and Lottery authorizing take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption;
• Addendum 3 to the Executive Order issued March 20, 2020, requiring the postponement of all non-essential adult elective surgery and medical and surgical procedures;
• Addendum 4 to the Executive Order issued March 21, 2020, which suspended the operation of close-contact businesses and further restricted the size of mass gatherings;
• Addendum 5 to the Executive Order issued March 23, 2020, which ordered all businesses and non-profits to institute work from home procedures to the extent possible;
• Addendum 6 to the Executive Order issued March 24, 2020, which ordered all Vermonters to stay home, stay safe with the exception of those performing critical services (“Stay Home/Stay Safe”);
• Directive 5 issued March 25, 2020 clarifying schools for preK-12 students shall remain dismissed for in-person instruction for the remainder of the 2019-2020 school year and required schools to have continuity of learning plans for remote learning implemented on or before Monday, April 13, 2020;
• Addendum 7 to the Executive Order issued March 30, 2020, which imposed quarantine restrictions on travelers arriving in Vermont and clarified the closure of lodging operations;
• Addendum 8 to the Executive Order issued April 3, 2020, which clarified the Governor’s direction to provide non-congregate sheltering in Vermont and extended certain deadlines relating to closures of DMV and bars and restaurants; and
WHEREAS, as of April 5, 2020, the United States had experienced 337,646 cases of COVID-19 with 9,648 COVID-19-related deaths; Quebec had experienced 7,944 cases of COVID-19 with 94 COVID-19-related deaths; New York had experienced 122,911 cases of COVID-19 with 4,161 COVID-19-related deaths; Massachusetts had experienced over 12,500 cases of COVID-19 with 231 COVID-19-related deaths; New Hampshire had experienced 621 cases of COVID-19 with 9 COVID-19-related deaths; and Vermont had experienced 512 cases of COVID-19 with 22 COVID-19-related deaths; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Friday, May 15, 2020; and
WHEREAS, the Governor has further determined to issue a rule which clarifies the scope of the providers and situations protected by 20 V.S.A. § 20 in order to remove barriers to health care facility surge capacity planning; and
WHEREAS, the Governor has determined to authorize lodging facilities to resume acceptance of reservations for stays and events beginning June 15, 2020, subject to further action as needed to respond to continued COVID-19 response, as well as issue other directions and clarifications.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Friday, May 15, 2020.
IT IS FURTHER ORDERED:
1. The Executive Order and all Directives and Addenda issued thereunder shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend the State of Emergency.
2. Lodging Reservations. Addendum 7 to the Executive Order is hereby supplemented to authorize lodging operators to immediately accept reservations for stays and events occurring on or after June 15, 2020; provided, however, the Governor, in consultation with the Commissioner of VDH and the Commissioner of DPS/VEM, shall assess the emergency and determine whether to amend or extend this date.
3. Stay Home/Stay Safe Guidance. For the purpose of clarifying Stay Home/Stay Safe, the Secretary of the Agency of Commerce and Community Development (“ACCD”) is directed to provide guidance as follows:
A. As it relates to the suspension of real estate activities, clarify existing guidance regarding real estate sales and brokerage to ensure guidance applies to all real estate sales, including those for sale by owner.
On-line real estate sites shall post a prominent notice on their web platforms which advises potential sellers and purchasers that all in-person real estate transactions are temporarily suspended.
Real estate functions that can be conducted online, by phone or email may continue.
B. As it relates to Financial, Legal and Professional Services and Municipalities, clarify existing guidelines to the extent necessary to facilitate assistance to Vermonters seeking to take advantage of state and federal financial support made available in response to the economic impacts of COVID-19.
4. Motor Vehicle Inspections. In order to alleviate in-person contact at locations offering vehicle inspections,the Department of Motor Vehicles is hereby directed to extend inspections for motor vehicles other than school buses and motor buses, for 60 days for inspections due in April 2020 (a green “4”).
5. Directive to State Agencies Regarding Non-Congregate Temporary Housing. Effective as of March 1, 2020, State Agencies which determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders, including Department of Corrections personnel, health care workers and others critical to the COVID-19 response, such as critical infrastructure construction and maintenance, who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, shall provide alternative non-congregate housing to this population of first responders, health care workers and others critical to the COVID-19 response.
6. COVID-19 Emergency Response Services. In accordance with the authority granted to the Governor pursuant to 20 V.S.A. §§ 8 and 9 to make, amend, and rescind necessary orders, rules, and regulations for emergency management purposes, I hereby adopt the following rule for the purpose of interpreting the scope of 20 V.S.A. § 20 relating to legal immunity for Health Care Facilities, Health Care Providers, and Health Care Volunteers, as defined herein, who are providing COVID-19 related emergency management services or response activities. The intent of this rule is to clarify that under protections afforded by 20 V.S.A. § 20, Health Care Facilities, Health Care Providers, and Health Care Volunteers would be immune from civil liability for any death, injury, or loss resulting from COVID-19 related emergency management services or response activities, except in the case of willful misconduct or gross negligence.
A. For purposes of this Addendum 9 to the Executive Order, the following terms are defined as set forth below; provided, however, these definitions are intended to provide further detail to the scope of the immunities provided in 20 V.S.A. § 20 and are not intended to limit or narrow the scope of the immunities provided therein:
i. “All-hazards” for purposes of the existing State of Emergency means the COVID-19 outbreak in Vermont which has been determined by the Governor to pose a threat or may pose a threat to public safety in Vermont.
ii. “Emergency functions” include, for purposes of this order, services provided by the public safety, firefighting services, police services, sheriff’s department services, medical and health services, including those services provided by Health Care Providers and Health Care Volunteers, rescue, communications, evacuation of persons, emergency welfare services, protection of critical infrastructure, emergency transportation, other functions related to civilian protection, and all other activities necessary or incidental to the preparation for and carrying out of these functions.
iii. “Emergency management” means the preparation for and implementation of all emergency functions, other than the functions for which military forces or other federal agencies are primarily responsible, to prevent, plan for, mitigate, and support response and recovery efforts from all hazards. Emergency management includes the equipping, exercising, and training designed to ensure that this state and its communities are prepared to deal with all-hazards.
iv. “Health Care Facilities” means State licensed nursing homes (as defined in 33 V.S.A. § 7102(7)) and Middlesex Therapeutic Community Residence, all State licensed assisted living residences (as defined in 33 V.S.A. § 7102(1)), Level III residential care homes (33 V.S.A. 7102(10)(A)), intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), all State therapeutic community residences (as defined in 33 V.S.A. § 7102(11)), Level IV residential care homes (33 V.S.A. § 7102(10)(B)), all hospitals (as defined in 18 V.S.A. § 1902) and all alternate or temporary hospital sites and other isolation, quarantine or housing sites designated by the Commissioner of PSD/VEM for the treatment of, or alternate shelter for those who have been exposed to or infected with COVID-19.
v. “Health Care Providers” means all health care providers as defined by 18 V.S.A. § 9432(9), including volunteers, who are providing health care services in response to the COVID-19 outbreak and are authorized to do so.
vi. “Health Care Volunteers” means all volunteers or medical or nursing students who do not have licensure who are providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak and are authorized to do so.
B. For Health Care Facilities and Health Care Providers, an emergency management service or response activity, includes, but may not be limited to:
i. Expedited postponement of non-essential adult elective surgery and medical and surgical procedures, including dental procedures, in the safest but most expedient way possible, as ordered by Addendum 3 of the Executive Order, if elective surgeries and medical and surgical procedures are performed at the Health Care Facility or by the Health Care Provider;
ii. Cancelling or denying elective surgeries or procedures or routine care to the extent determined necessary for the health, safety and welfare of a patient or as necessary to respond to the COVID-19 outbreak;
iii. Redeployment or cross training of staff not typically assigned to such duties, to the extent necessary to respond to the COVID-19 outbreak;
iv. Planning, or enacting, crisis standard-of-care measures, including, but not limited to, modifying numbers of beds, preserving PPE, and triaging access to services or equipment as necessary to respond to the COVID-19 outbreak; and
v. Reduced record-keeping to the extent necessary for Health Care Providers to respond to the COVID-19 outbreak.
C. For Health Care Volunteers, “emergency management services or response activities” also includes providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak.
D. Nothing contained in this Executive Order shall alter existing law with respect to gross negligence or willful misconduct.
This Addendum 9 shall take effect upon signing and shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.
Dated April 10, 2020
ADDENDUM 10 TO EXECUTIVE ORDER 01-20
Work Smart & Stay Safe -Restart VT: Phase I
WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and a little more than a month later Vermont has experienced over 760 cases and 30 related deaths; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes on transactions, and suspending the operation of businesses which are not deemed critical; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, as we move forward, businesses, governments and employees must understand that how they work is essential to resuming and maintaining business operations, to stay safe and save lives.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:
1. Health and Safety Requirements. The State shall undertake a phased approach to reopen the economy, balancing the need to restore and strengthen our overall social and economic wellbeing with the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date. In order to achieve this balance, all businesses and non-profit and governmental entities, including employees and contractors of governmental entities, which are operating or will be operating during the declared State of Emergency, shall implement the following physical distancing, health and sanitation measures in accordance with Vermont Department of Health and CDC guidelines:
a. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).
b. Employees must observe strict social distancing of 6 feet while on the job.
c. Employees must wear non-medical cloth face coverings (bandanna, scarf, or non-medical mask, etc.) over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or “sneeze guard” is acceptable in lieu of a mask.
d. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected at the beginning, middle and end of each shift and prior to transfer from one person to another.
e. No more than 2 people shall occupy one vehicle when conducting work.
2. Customer and General Public Mask Use. Customers and the public in general, are encouraged to wear cloth face coverings any time they are interacting with others from outside their households.
3. Phased Restart. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.
To safely reopen certain business, non-profit and governmental operations not determined to be critical pursuant to the Governor’s Stay Home/Stay Safe order, ACCD shall, in consultation with VDH and the Department of Public Safety/Vermont Emergency Management, support the development of plans and sector strategies to allow for phased, data-driven reopening.
Subject to compliance by all affected businesses and non-profit and government entities with the health and safety requirements above, Phase 1 of this effort, effective April 20, 2020, will allow the following:
a. ACCD in consultation with VDH and the DPS/VEM shall issue guidance, which authorizes “micro-crews,” or no more than two (2) persons per location/job, to perform outdoor work and construction work in unoccupied structures. Supporting operations may resume with the minimum number of employees necessary to support curbside pick-up and delivery services, and in accordance with the guidance issued by ACCD.
b. ACCD shall clarify guidance for commercial retail operations, including those that operate in an outdoor setting, that they may resume operations with the minimum number of employees necessary to support curbside pick-up, delivery services, and warehouse or distribution operations in support of curbside, or delivery. All orders must occur over the phone or online and no in-store transactions are allowed at this time.
c. Services operating with a single worker (such as appraisers, realtors, municipal clerks, attorneys, property managers, pet care operators and others), may resume operations so long as no more than 2 persons (service provider and client) are present at one time.
d. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety requirements set forth above.
e. In accordance with Addendum 5 to the Executive Order (Order to Work From Home for all Businesses and Non-Profits) and Stay Home Stay Safe, all businesses, non-profit entities and government entities shall continue procedures to support work from home and telecommuting for all workers to the extent possible.
f. All businesses, not-for profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.
This Addendum 10 shall take effect upon signing and shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.
Dated April 17, 2020
ADDENDUM 11 TO EXECUTIVE ORDER 01-20
[Work Smart & Stay Safe — Restart VT: Phase II]
WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and a month and a half later Vermont has experienced over 800 cases and over 40 related deaths; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which are not deemed critical; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has determined to begin a cautious, incremental and evidence-based approach to restarting Vermont’s economy; and
WHEREAS, as we move forward, businesses, governments and employees must understand that how they work is essential to resuming and maintaining business operations, to stay safe and save lives.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:
1. Health and Safety Requirements. The State shall continue a phased approach to reopen the economy, balancing the need to restore and strengthen our overall social and economic wellbeing with the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date. In order to achieve this balance, all businesses and non-profit and governmental entities, including employees and contractors of governmental entities, which are operating or will be operating during the declared State of Emergency, shall implement the following physical distancing, health and sanitation measures in accordance with Vermont Department of Health, CDC and Agency of Commerce and Community Development (ACCD) guidelines:
a. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).
b. Employees must observe strict social distancing of six feet while on the job.
c. Employees must wear face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or “sneeze guard” is acceptable in lieu of a mask.
d. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected at the beginning, middle and end of each shift and prior to transfer from one person to another.
e. No more than two (2) people shall occupy one vehicle when conducting work.
f. To the extent feasible, prior to the commencement of each work shift, pre-screening, including temperature checks and survey shall be required to verify each employee has no symptoms of respiratory illness (fever, cough, and/or shortness of breath).
g. Signs must be posted at all entrances clearly indicating that no one may enter if they have symptoms of respiratory illness.
h. No congregation of employees shall be permitted on site.
i. No workers who have knowledge of contact with a worker who is diagnosed with COVID-19 shall be permitted on site and shall quarantine for 14 days.
j. Indoor workspaces where more than two (2) employees are working must have good air circulation.
k. All operations shall designate a health officer on-site at every shift responsible for ensuring compliance with Addendum 10 and this Addendum 11 to the Executive Order and applicable ACCD Guidance. This person shall have the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements.
l. All employees, including those already working (except healthcare workers, first responders, and others already trained in infection control, personal protection/universal precautions), must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA, or another training program that meets or exceeds the VOSHA-provided standard.
2. Training Requirements. All employers shall provide training and a written copy of standard operating procedures to be developed by the Vermont Occupational Safety and Health Agency (VOSHA), in consultation with VDH, on, at a minimum:
a. The signs and symptoms of COVID-19 and an explanation of how the disease is spread;
b. Information on appropriate social distancing and personal hygiene practices, including those set forth in this Addendum 11 to the Executive Order and applicable ACCD Guidance; and
c. The types, proper use, limitations, location, handling, decontamination, removal, and disposal of any PPE being used.
Employers may adopt another training program that meets or exceeds the VOSHA-provided standard, or additional policies and procedures that are applicable to the employment environment and employees’ duties, which shall not be less restrictive than those developed by VOSHA.
All businesses and non-profit and government entities in operation must complete and document mandatory health and safety training by May 4, 2020.
3. Customer and General Public Mask Use. Customers and the public in general, are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households.
4. Phased Restart. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.
Subject to compliance by all affected businesses and non-profit and government entities with the health and safety requirements set forth above and ACCD guidance developed in consultation with VDH and the Department of Public Safety/Division of Emergency Management, Phase 2 of this effort, effective April 27, 2020, will allow the following:
a. “Micro-crews” or no more than five (5) persons per location/job, to perform outdoor work and construction work in unoccupied structures.
b. Manufacturing and distribution operations may resume with a maximum of 5 (five) employees in any location if they are low-density and ensure employees are at least six feet apart at all times.
c. Supporting operations may continue with the minimum number of employees necessary to support curbside pick-up and delivery services, and in accordance with the guidance issued by ACCD.
d. Resumption of in-person shopping at outdoor retail operations, such as garden centers and greenhouses offering mulch, stone, plant, tree, seed sales; provided, however, these operations shall not permit any more than a maximum of 10 total people including customers and staff.
Outdoor retail operations shall take steps to schedule or stage customer visits, such as waiting in cars until ready, to ensure no congregation.
e. Libraries may allow for curbside pickup for lending in accordance with guidance issued by the Department of Libraries.
5. Farmers Market. Subject to compliance with the health and safety requirements set forth above and ACCD guidance developed in consultation with VDH and the Department of Public Safety/Division of Emergency Management, effective May 1, 2020, farmers markets may open using limited in-person operations to ensure consumer access to quality, healthy food; provided, however:
a. Farmer’s markets must adhere to all municipal ordinances and regulatory and permitting requirements prior to opening.
b. Farmer’s markets must significantly alter their business practices to eliminate crowds and reduce contact between vendors and customers, including a transition away from shopping and social events to primarily a food distribution system.
c. Farmers markets shall use a “pre-order, local food pick-up” model to the extent possible and comply with any additional guidance issued by the Agency of Agriculture and Food Markets (AAFM).
6. Education and Compliance. VOSHA, VDH inspectors and AAFM inspectors shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and governmental entities have the information necessary to comply with the health and safety requirements of this Addendum 11 to the Executive Order.
7. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements set forth above.
8. In accordance with Addendum 5 to the Executive Order (Order to Work From Home for all Businesses and Non-Profits) and Stay Home Stay Safe, all businesses, non-profit entities and government entities shall continue procedures to support work from home and telecommuting for all workers to the extent possible.
9. All businesses, not-for-profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.
This Addendum 11 shall take effect upon signing and, except as modified in this Addendum 11, the Executive Order and all Addenda thereto and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.
Dated April 24, 2020
ADDENDUM 12 TO EXECUTIVE ORDER 01-20
[Work Smart & Stay Safe — Restart VT: Phase III]
WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 860 cases and over 45 related deaths; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which are not deemed critical; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy; and
WHEREAS, as we move forward, businesses, governments and employees must understand that how they work is essential to resuming and maintaining business operations, to stay safe and save lives.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:
1. Health and Safety Requirements. The State shall continue a phased approach to reopen the economy, balancing the need to restore and strengthen our overall social and economic wellbeing with the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date. As previously established in Addendum 11 to the Executive Order, in order to achieve this balance, all businesses and non-profit and government entities, including employees and contractors of government entities, which are operating or will be operating during the declared State of Emergency, shall implement the following physical distancing, health and sanitation measures in accordance with Vermont Department of Health, CDC and Agency of Commerce and Community Development (ACCD) guidelines:
a. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).
b. Employees must observe strict social distancing of six feet while on the job. Businesses and non-profit or government entities shall ensure customers observe strict social distancing of six feet while on location, to the extent possible.
c. Employees must wear face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or “sneeze guard” is acceptable in lieu of a mask.
d. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected regularly.
e. No more than two people shall occupy one vehicle when conducting work.
f. Prior to the commencement of each work shift, pre-screening, including temperature checks and health survey shall be required to verify each employee has no symptoms of respiratory illness (fever, cough, and/or shortness of breath). At the present time non-contact thermometers are in short supply, however employers shall immediately order, and use their best efforts to obtain, thermometers in order to conduct routine temperature checks.
g. Signs must be posted at all entrances clearly indicating that no one may enter if they have symptoms of respiratory illness.
h. No congregation of employees shall be permitted on site.
i. No workers who have knowledge of contact with a worker who is diagnosed with COVID-19 shall be permitted on site and shall quarantine for 14 days.
j. Indoor workspaces where more than 2 employees are working must have good air circulation.
k. All operations shall designate a health officer on-site at every shift responsible for ensuring compliance with the Executive Order and the Addenda thereto and applicable ACCD Guidance. This person shall have the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements.
l. All employees, including those already working (except healthcare workers, first responders, and others already trained in infection control, personal protection/universal precautions), must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA, or another training program that meets or exceeds the VOSHA-provided standard.
2. Enhanced Training Requirements. On April 27, 2020, Vermont Occupational Safety and Health Agency (VOSHA) developed a minimum level of health and safety training to be completed by all employees and documented by businesses and non-profit and government entities in operation, no later than May 4, 2020. VOSHA has undertaken the preparation of translated versions of the training, and those employees and employers who require translated versions shall have an additional week from the date of release of the translation to complete and document the training. VOSHA training establishes a minimum standard for training which will not be sufficient for all businesses and non-profit and government entities to reopen safely during the COVID-19 pandemic.
Except as set forth below, employers, or industries, trade associations, chambers of commerce or similar representative organizations acting on behalf of employers, shall adopt a training program prior to reopening. In many cases, this will require a plan that augments the VOSHA training standards with additional policies and procedures customized to the unique nature of the entity or sector-specific employment environment. Consideration shall be given to the ability of a particular industry sector or business or non-profit or government entity to deliver goods or services in a manner that does not put either employees or the public at risk of exposure to the COVID-19 virus during an outbreak.
Augmented plans should assess the need to:
• Adopt a phased approach to reopening which provides sufficient opportunity to operate first in a low density and low contact environment before making the incremental changes needed to accommodate more moderate density activity while continuing to maintain health and safety.
• Update physical and administrative safety systems to accommodate COVID-19 VDH/CDC/VOSHA guidelines, health monitoring, including temperature checks, cleaning and sanitizing methods and physical distancing measures.
• Take appropriate measures to protect employees at greater risk of contact by virtue of their occupational role or setting.
ACCD shall provide guidance and examples for developing health and safety training plans.
All businesses and non-profit and government entities who have suspended operations for 7 or more days under Addendum 6 to the Executive Order (Stay Home/Stay Safe) shall have on file a health and safety training plan prior to reopening. The plan shall be made available to VOSHA or to any employee upon request.
Notwithstanding the foregoing, businesses and non-profits and government entities with fewer than 10 employees at any one office or site of operation, may elect to implement the VOSHA training.
3. Customer and General Public Mask Use. Customers and the public in general, are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households. Businesses and non-profit and government entities may require customers or clients to wear masks.
4. Mask Use on Public Transit Conveyances or in Mass Transportation Facilities. The traveling and commuting public shall wear face coverings over their nose and mouth any time they are using public transportation conveyances, including busses, trains and ride services and when in a mass transportation station or terminal, including airports.
5. Phased Restart. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.
Subject to compliance by all affected businesses and non-profit and government entities with the health and safety requirements set forth above and ACCD guidance developed in consultation with VDH and the Department of Public Safety/Division of Emergency Management, Phase 3 of this effort, effective May 4, 2020, will allow the following:
a. Small crews of no more than ten (10) persons per location/job, to perform outdoor work and construction work in unoccupied job sites. An unoccupied job site may be a single unit in a commercial or residential structure. “Unoccupied,” may include sites vacated for the duration of the construction work.
b. Manufacturing and distribution operations may resume with a maximum of ten (10) employees in any location if they are low-density and ensure employees are at least six feet apart at all times.
c. Supporting operations may continue with the minimum number of employees necessary to support curbside pick-up and delivery services, and in accordance with the guidance issued by ACCD.
6. Manufacturing, construction, and distribution operations. Subject to (1) compliance with the health and safety requirements set forth above and ACCD guidance and (2) the development of enhanced training programs as set forth above, effective May 11, 2020, manufacturing, construction, and distribution operations may restart with as few employees as necessary to permit full operations while continuing to maintain health and safety.
7. Education and Compliance. VOSHA, VDH inspectors and AAFM inspectors shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and government entities have awareness of and access to the information necessary to comply with the health and safety requirements of this Addendum 12 to the Executive Order.
8. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements set forth above.
9. In accordance with Addendum 5 to the Executive Order (Order to Work From Home for all Businesses and Non-Profits) and Stay Home/Stay Safe, all businesses, non-profit entities and government entities shall continue procedures to support work from home and telecommuting for all workers to the extent possible.
10. All businesses, not-for-profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.
This Addendum 12 shall take effect upon signing and, except as modified in this Addendum 12, the Executive Order and all Addenda thereto and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.
Dated May 1, 2020
ADDENDUM 13 TO EXECUTIVE ORDER 01-20
[Play Smart and Play Safe: Restart Phase V]
WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 900 cases and over 50 related deaths; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which are not deemed critical; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy and recognizes the need to address expanded recreational and social opportunities for Vermonters as well; and
WHEREAS, as we move forward, Vermonters must understand that how they recreate and socialize is essential to staying safe and saving lives.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:
1. Play Smart and Play Safe. Addendum 6 to the Executive Order (Stay Home/Stay Safe), is hereby amended to make clear Vermonters may leave home to get fresh air and exercise and resume limited social interactions and gatherings of 10 or fewer, preferably in outdoor settings, provided that physical distancing and protocols for hygiene consistent with guidance from VDH and the Centers for Disease Control (CDC), are observed. To keep disease from spreading this means:
• Always staying home and away from others if you are sick with COVID-19, have recently been exposed to someone who has COVID-19, or just don’t feel well.
• Keeping a 6-foot distance from others when you meet people outside of your household.
• Frequently washing your hands (hand sanitizer is acceptable when soap and water are not available).
• Coughing and sneezing into your elbow (even if you are wearing a facial covering).
• Wearing a facial covering over your nose and mouth, as set forth further in Section 3 below.
Vermonters may leave home to participate in outdoor recreation and outdoor fitness activities that require low or no direct physical contact.
With respect to these limited social interactions or gatherings of 10 or fewer:
• Vermonters must prioritize protecting those at higher risk for severe illness.
• Continue to limit non-essential travel; all travel should be limited to Vermont to the extent possible and when you do travel, limit non-essential stops. Anyone who leaves Vermont for more than one day for non-essential travel is required to quarantine at home for 14-days upon their return.
Older adults (age 65 and over), and people with underlying medical conditions, like heart and lung disease or diabetes, are more likely to develop severe illness. They should continue to shelter in place, and family and friends should do everything they can to help keep them safe.
2. Trusted Households. Members of one household may choose to socialize — and allow children to play — with members of another household, such as family, neighbors or friends known to be following VDH/CDC health and safety precautions. The Commissioner of VDH is hereby directed to issue guidance on recommended practices which allow Vermonters to reconnect with small groups of family and friends from “trusted households” in ways that allow them to relax some physical distancing.
3. General Public Mask Use. All Vermonters are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households, including in congregate outdoor settings. Masks are not recommended for strenuous outdoor activity. Businesses and non-profit and government entities may require customers or clients to wear masks.
4. Phased Restart: Phrase 5, Outdoor Recreation. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers, employees and the general public to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.
Effective May 7, 2020, all businesses and non-profit and government entities which support or offer outdoor recreation and outdoor fitness activities that require low or no direct physical contact may begin operations, subject to compliance with the health and safety guidelines and training requirements set out below, and applicable Agency of Commerce and Community Development (ACCD) guidance. These include, but are not limited to state and municipal parks, recreation associations, trail networks, golf courses, big game check stations and guided expeditions. Campgrounds, marinas and beaches shall not be opened at this time. In addition, all businesses and non-profit and government entities which support or offer outdoor recreation and fitness activities must implement the following measures:
• Require Vermonters participating in outdoor recreation and fitness activities to “arrive, play and leave.” Groups may not congregate before or after activities, for example, no tailgating.
• Post signage and institute registration processes that reinforce outdoor facilities are only open to Vermonters and those who have met the 14-day quarantine requirement.
• Post signage, discouraging contact sports and games.
• Eliminate services or transactions that result in touch points and/or staff-customer interactions that are not absolutely necessary.
• Reduce high contact surfaces and common areas, including closing waiting areas, removing picnic tables, closing play structures, and offering only rental equipment that can and will be thoroughly disinfected between users.
• Close indoor facilities that require in-person transactions (such as lobbies, pro-shops and other small retail operations, bars and restaurants), and deliver goods and services for curbside pickup, delivery or via online portals.
• Restroom facilities may only be opened if they can be regularly cleaned and disinfected in accordance with VDH/CDC guidelines.
5. Health and Safety Requirements. All businesses and non-profit and government entities which support or offer outdoor recreation and fitness activities shall implement the following physical distancing, health and sanitation measures in accordance with VDH, CDC and ACCD guidelines:
a. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).
b. Employees must observe strict social distancing of six feet while on the job. Businesses and non-profit or government entities shall ensure customers observe strict social distancing of six feet while on location, to the extent possible.
c. Employees must wear face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or “sneeze guard” is acceptable in lieu of a mask.
d. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected regularly.
e. No more than two people shall occupy one vehicle when conducting work.
f. Prior to the commencement of each work shift, pre-screening, including temperature checks and health survey shall be required to verify each employee has no symptoms of respiratory illness (fever, cough, and/or shortness of breath). At the present time non-contact thermometers are in short supply, however employers shall immediately order, and use their best efforts to obtain, thermometers in order to conduct routine temperature checks.
g. Signs must be posted at all entrances clearly indicating that no one may enter if they have symptoms of respiratory illness.
h. No congregation of employees shall be permitted on site, except for necessary work.
i. No workers who have knowledge of contact with a worker who is diagnosed with COVID-19 shall be permitted on site and shall quarantine for 14 days.
j. Indoor workspaces where more than two employees are working must have good air circulation.
k. All operations shall designate a health officer on-site at every shift responsible for ensuring compliance with the Executive Order and the Addenda thereto and applicable ACCD Guidance. This person shall have the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements.
l. All employees, including those already working (except healthcare workers, first responders, and others already trained in infection control, personal protection/universal precautions), must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA, or another training program that meets or exceeds the VOSHA-provided standard.
6. Enhanced Training Requirements. Businesses and non-profit and government entities, with over 10 employees, which support or offer outdoor recreation and fitness activities, or trade associations, chambers of commerce or similar representative organizations acting on behalf of employers, shall adopt a health and safety training program prior to reopening. In many cases, this will require a plan that augments the VOSHA training standards with additional policies and procedures customized to the unique nature of the entity or sector-specific employment environment. Consideration shall be given to the ability of a particular industry sector or business or non-profit or government entity to deliver goods or services in a manner that does not put either employees or the public at risk of exposure to the COVID-19 virus during an outbreak. The plan shall be made available to VOSHA or to any employee upon request.
Augmented plans should assess the need to:
• Adopt a phased approach to reopening which provides sufficient opportunity to operate first in a low density and low contact environment before making the incremental changes needed to accommodate more moderate density activity while continuing to maintain health and safety.
• Update physical and administrative safety systems to accommodate COVID-19 VDH/CDC/VOSHA guidelines, health monitoring, including temperature checks, cleaning and sanitizing methods and physical distancing measures.
• Take appropriate measures to protect employees at greater risk of contact by virtue of their occupational role or setting.
ACCD shall provide guidance and examples for developing health and safety training plans.
7. Education and Compliance. State agencies and departments which may regulate businesses and non-profit and government entities which support or offer outdoor recreation and fitness activities shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and government entities have awareness of and access to the information necessary to comply with the health and safety requirements of this Addendum 13 to the Executive Order.
8. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements set forth above.
9. All businesses, not-for profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.
This Addendum 13 shall take effect upon signing and, except as modified in this Addendum 13, the Executive Order and all Addenda thereto and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.
Dated May 6, 2020
ADDENDUM 14 TO EXECUTIVE ORDER 01-20
[Extension of State of Emergency Declared March 13, 2020; Be Smart/Stay Safe]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (“COVID-19”), in the United States; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS/VEM”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and
WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including:
• Directive 1 issued March 15, 2020, to all School Boards and Superintendents for Continuity of Education Planning which closed all schools to in-person education and required planning for education continuity;
• Addendum 1 to the Executive Order issued March 16, 2020, which modified the Executive Order to prohibit all non-essential mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility at the same time for social, recreational or entertainment activities;
• Addendum 2 to the Executive Order issued March 17, 2020 ordering restaurants, bars, or establishments that offer food or drink to suspend on-premises consumption of food or drink;
• Directive 2 issued March 17, 2020 to all School Boards, Superintendents, and Child Care Programs to close childcare centers and provide for services to children of Essential Persons during the closure period in response to COVID-19;
• Directive 3 issued March 18, 2020 directing Department of Motor Vehicle services to provide online, by mail or phone, and suspend all in-person transactions;
• Directive 4 issued March 19, 2020 to the Department of Liquor and Lottery authorizing take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off-premise consumption;
• Addendum 3 to the Executive Order issued March 20, 2020, requiring the postponement of all non-essential adult elective surgery and medical and surgical procedures;
• Addendum 4 to the Executive Order issued March 21, 2020, which suspended the operation of close-contact businesses and further restricted the size of mass gatherings;
• Addendum 5 to the Executive Order issued March 23, 2020, which ordered all businesses and non-profits to institute work from home procedures to the extent possible;
• Addendum 6 to the Executive Order issued March 24, 2020, which ordered all Vermonters to stay home, stay safe with the exception of those performing critical services (“Stay Home/Stay Safe”);
• Directive 5 issued March 25, 2020 clarifying schools for preK-12 students shall remain dismissed for in-person instruction for the remainder of the 2019-2020 school year and required schools to have continuity of learning plans for remote learning implemented on or before Monday, April 13, 2020;
• Addendum 7 to the Executive Order issued March 30, 2020, which imposed quarantine restrictions on travelers arriving in Vermont and clarified the closure of lodging operations;
• Addendum 8 to the Executive Order issued April 3, 2020, which clarified the Governor’s direction to provide non-congregate sheltering in Vermont and extended certain deadlines relating to closures of DMV and bars and restaurants; and
• Addendum 9 to the Executive Order issued April 10, 2020, which extended the Executive order through May 15 and made other directives and clarifications.
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, as of April 17, 2020, the Governor began to undertake a phased approach set forth below, to reopen the economy, addressing the need to restore and strengthen the State’s overall social and economic wellbeing while including measures for the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date:
• Phase 1 set forth in Addendum 10 to the Executive Order issued April 17, 2020, which outlined principles and safety precautions for a phased restart of the Vermont economy, allowed small crews for outside construction or other outdoor trade jobs, and single-worker professional services and clarified guidance for retailers to allow additional operations using delivery and curbside service;
• Phase 2 set forth in Addendum 11 to the Executive Order issued April 24, 2020, which allowed an expansion of small crews for construction and resumption of manufacturing and distribution operations with small crews, in-person shopping at outdoor retail operations and farmers markets and offered clarity for library operations;
• Phase 3 set forth in Addendum 12 to the Executive Order issued May 1. 2020, which required enhanced training for larger operations and mask use on public transit and in public transportation facilities, and allowed further phased expansion, up to full operations, of construction, manufacturing and distribution operations;
• Phase 4 set forth in an Amendment to Addendum 3 to the Executive Order issued May 4, 2020, which allowed for the phased restart of elective medical and surgical procedures;
• Phase 5 set forth in Addendum 13 to the Executive Order issued May 6, 2020, which expanded some outdoor recreation and allowed limited social interactions; and
• Phase 6 set forth in an Amendment to Addendum 6 to the Executive Order (Stay Home/Stay Safe) issued May 13, 2020, which allowed for limited resumption of retail operations which were not deemed critical under Stay Home/Stay Safe; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Monday, June 15, 2020; and
WHEREAS, the Governor has further determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to further modify Addendum 6 to the Executive Order to expand the range of activities and travel Vermonters may enjoy with an understanding that VDH and CDC health and safety measures should be followed; and
WHEREAS, the Governor has determined to authorize lodging facilities to resume operations on a limited basis beginning May 22, 2020, subject to further action as needed to respond to continued COVID-19 response.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Monday, June 15, 2020.
IT IS FURTHER ORDERED:
1. Except as set forth herein, the Executive Order and all Directives and Addenda, as amended, issued thereunder shall continue in full force and effect until midnight on June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend the State of Emergency.
2. Be Smart/Stay Safe: Section 1 of Addendum 6 of the Executive Order (Stay Home/Stay Safe), is hereby amended and restated as follows:
To preserve the public health and safety, to ensure the healthcare delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, Vermonters are encouraged to limit their exposure to disease outside their homes or places of residence as much as possible.
Vermonters should travel only as needed:
• For personal safety, medical care and care of others;
• For work, although all workers should continue to work remotely whenever possible;
• For shopping and services available at all businesses and non-profit and government entities determined to be critical and those which have been authorized to resume operations;
• To get fresh air and exercise by taking advantage of outdoor recreation and outdoor fitness activities that require low or no direct physical contact;
• For limited social interactions and gatherings of 10 or fewer, preferably in outdoor settings; and
• For in-state stays at available lodging, campground and marina facilities.
To keep disease from spreading, Vermonters should maintain physical distancing and protocols for hygiene recommended in guidance from CDC, VDH and other designated state agencies and departments. This means:
• Always staying home and away from others if you are sick with COVID-19, have recently been exposed to someone who has COVID-19, or just don’t feel well;
• Keeping a 6-foot distance from others when you meet people outside of your household;
• Frequently washing your hands (hand sanitizer is acceptable when soap and water are not available);
• Coughing and sneezing into your elbow (even if you are wearing a facial covering);
• Wearing a facial covering over your nose and mouth when you are in close proximity to others from outside your household; and
• Limiting travel to within Vermont to the extent possible and when you do travel, limit non-essential stops.
Older adults (age 65 and over), and people with underlying medical conditions, like heart and lung disease or diabetes, are more likely to develop severe illness. They should continue to shelter in place, and Vermonters should do everything they can to help keep them safe.
3. General Public Mask Use. All Vermonters are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households, including in congregate outdoor settings where it is not possible to maintain physical distancing. Masks are not recommended for strenuous outdoor activity, anyone under the age of 2, anyone with a medical condition that is complicated or irritated by a facial covering, or anyone with difficulty breathing. Masks are not required when eating in outdoor settings. Businesses and non-profit and government entities may require customers or clients to wear masks. The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein.
4. Lodging Operations. Addendum 6 and Addendum 7 to the Executive Order are hereby modified to allow the limited resumption of lodging operations, including hotels, motels, bed and breakfasts, inns, short term rentals, such as those made available through VRBO, Homeaway, AirBnb and other services, parks for recreational vehicles and campgrounds, all public and private camping facilities including those managed by the Vermont Department of Parks and Recreation, and marinas.
Lodging may be provided for the following purposes:
a. Housing vulnerable populations (emergency shelter for homeless individuals) as arranged through the state;
b. Providing accommodations for health care workers, other workers deemed necessary to support public health, public safety or critical infrastructure and workers entering the state for authorized work;
c. Use of lodging properties as quarantine facilities as arranged by the state; and
d. Lodging for Vermont residents and others who certify self-quarantine for a minimum of 14 days prior to lodging overnight in Vermont.
On-line reservations may be resumed as of the date of this Addendum for stays beginning May 22, 2020. Lodging providers, and the online platforms that facilitate rentals and reservations, shall clearly post a prominent notice on their web platforms which advises potential guests of the health and safety requirements currently applicable to lodging and gatherings in Vermont.
The Secretary of the Agency of Commerce and Community Development (ACCD) shall issue mitigation requirements and procedures which require implementation of appropriate occupancy limits for stays and events and physical distancing, health and sanitation and training measures. The Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize additional limited, incremental, and phased resumption of lodging operations and update and modify the mitigation requirements and procedures regarding the resumption of lodging operations.
If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and lodging operations cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19 and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all lodging operations to return to certain standards of operation.
5. For the sake of clarity, Addendum 2 to the Executive Order dated March 16, 2020, which prohibited on-premises consumption of food or drink, Addendum 4 to the Executive Order dated March 20, 2020, which suspended the operation of close contact businesses, and Addendum 5 to the Executive Order dated March 23, 2020, which required all businesses, and non-profit and government entities to implement telework procedures to the extent possible, shall remain in full force and effect. Addendum 6 to the Executive Order dated March 24, 2020 (Stay Home/Stay Safe) shall remain in effect except as modified by Addendum 10, Addendum 11, Addendum 12, Addendum 13, Amendment, this Addendum 14 and mitigation requirements and procedures for the limited, incremental and phased resumption of business, non-profit and government entity operations issued by the Secretary of ACCD with the approval of the Governor. Businesses and non-profit and government entities which have not been authorized to resume operations as of the date of this Executive Order shall be addressed at a later date.
This Addendum 14 shall take effect upon signing and shall continue in full force and effect until midnight on June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.
Dated May 15, 2020
ADDENDUM 15 TO EXECUTIVE ORDER 01-20
[Outdoor Restaurants, Bars and Other Establishments that Offer Food and Drink]
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Governor, in consultation with Vermont Department of Health (“VDH”), and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including the issuance of Addendum 2 to the Executive Order issued March 17, 2020 ordering restaurants, bars, or establishments that offer food or drink to suspend on-premises consumption of food or drink; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, as of April 17, 2020, the Governor began to undertake a phased approach to reopen the economy, addressing the need to restore and strengthen the State’s overall social and economic wellbeing while including measures for the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH, to consent to issuance by the Secretary of the Agency of Commerce and Community Development (ACCD), the limited, incremental, and phased resumption of restaurant and bar operations, subject to further action as needed to respond to continued COVID-19 response; and
WHEREAS, the Governor has further determined to provide clarity regarding the suspension of fairs and festivals in 2020.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:
1. Restaurant and Bar Operations. Effective May 22, 2020, Addendum 2 to the Executive Order is hereby modified to allow the limited resumption of restaurant and bar operations in accordance with the general health and safety requirements and the mitigation requirements and procedures regarding restaurant operations issued by the Secretary of ACCD.
If the Commissioner of VDH has determined that a COVID-19 outbreak has occurred and restaurant and bar operations cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19 and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all restaurant or bar operations to return to certain standards of operation.
2. State Regulation. Effective May 22, 2020, the rules of the Board of the Department of Liquor and Lottery (Board) are hereby amended or rescinded, or shall be interpreted as necessary, to allow first, third and fourth class licensees to offer outdoor consumption of beverage alcohol with, or independent of the sale of food, as follows:
• Licensees must submit a notice document to the Department of Liquor and Lottery (DLL), using an on-line form available at liquorcontrol.vermont.gov, to indicate intent to apply for an initial or modified Outdoor Consumption Permit. Upon submission of the notice, licensees may begin to offer outdoor consumption of beverage alcohol with, or independent of the sale of food in accordance with ACCD guidance.
• Licensees must describe the area to be used for outdoor consumption of beverage alcohol and include in this description what physical barrier will define the perimeter of the area to be used.
• A licensee must have a legal control over, local authority to use or a legally binding agreement to use, the area it is applying to utilize.
• A licensee shall immediately submit its Outdoor Consumption Permit application to DLL for approval.
• DLL shall make best efforts to process all permit applications within 48 hours of submission.
• Applicants shall have until June 12, 2020 to obtain the approval of the local jurisdiction and may operate in accordance with the DLL permit pending that determination.
• Permits disapproved by a local jurisdiction shall be deemed disapproved by DLL.
DLL will waive all fees for an application for an initial or modified Outdoor Consumption Permit.
The Board shall not penalize any licensee who is in compliance with the terms of this Executive Order and any approved guidance issued hereunder.
Restaurants, bars, or other establishments that offers food or drink may continue to offer food and beverage alcohol for take-out and delivery.
3. Local Ordinance and Regulation. Enforcement of all municipal ordinances and regulations requiring an applicant to receive an approval or permit for outdoor food and beverage service is hereby suspended until such time as the local jurisdiction has acted to disapprove an Outdoor Consumption Permit issued by DLL hereunder. All applications may be subject to review and approval by the local jurisdiction and reasonable conditions may be imposed, provided that nothing in this Order shall require a municipality to approve an Outdoor Consumption Permit.
Failure of a local jurisdiction to impose conditions on, or disapprove, an Outdoor Consumption Permit on or before June 12, 2020 shall be deemed approval.
4. Fairs and Festivals. Vermonters planning fairs and festivals require certainty given the long lead time necessary for the successful operation of these fairs and festivals. For the sake of clarity, in light of the importance of maintaining the public health outcomes achieved to date, and continuing to make more progress in suppressing, containing and eliminating the spread of the virus, how people gather, and in what quantity, will continue to change in the months ahead. This will be problematic for large event planning purposes over the next 3-4 months and therefore traditional fairs and festivals are hereby cancelled until further notice.
This shall not prevent fairgrounds and other indoor and outdoor venues from operating for sporting, entertainment, concerts and other events in accordance with then applicable VDH/ACCD guidance on gathering size, occupancy limits, distancing and other health and safety requirements.
This Addendum 15 shall take effect upon signing and shall continue in full force and effect until midnight on June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.
Dated May 22, 2020
ADDENDUM 16 TO EXECUTIVE ORDER 01-20
[Close Contact Businesses; Large Social Gatherings]
WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced almost 1,000 cases and over 50 related deaths; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Executive Order expressly recognized the critical need to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities and imposed a limit on the size of mass gatherings; and
WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the Department of Health (VDH), the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness, including suspension of the operations of close contact businesses, additional limits on the size of gatherings and self-quarantine requirements for those travelling to Vermont to stay; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy and continues to do so with the limited reopening of close contact businesses and incremental increases to the size of gatherings.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby supplement Addendum 4 to the Executive Order to direct the Secretary of the Agency of Commerce and Community Development (ACCD) to issue mitigation requirements and procedures for the limited, incremental and phased resumption of close contact businesses such as gymnasiums, fitness centers and similar exercise facilities, nail salons, spas and tattoo parlors business, effective June 1, 2020. The limited, incremental, and phased resumption of close contact businesses shall require implementation of appropriate occupancy limits and physical distancing, health and sanitation and training measures.
IT IS FURTHER ORDERED:
1. Large Gatherings. As of June 1, 2020, Section 6 of the Executive Order and Addendum 4 to the Executive Order are amended to allow social gatherings of up to twenty-five (25) people at the same time in any confined indoor or outdoor space which encourages congregation; provided however, to the extent the Secretary of ACCD has established occupancy limits for business and non-profit and government entity operations, including, but not limited to, retail, recreational, dining, worship and event spaces in order to ensure appropriate physical distancing, applicable occupancy limits shall apply. Absent an established occupancy limit, the limit on social gatherings as set forth herein and modified by the Secretary of ACCD, shall apply.
Questions from commercial entities, employers, event sponsors and others shall be directed to ACCD which shall provide appropriate guidance.
2. Authority of the Secretary. The Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize the additional limited, incremental, and phased resumption of close contact businesses, and update and modify the mitigation requirements and procedures regarding the resumption of close contact businesses.
If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and close contact businesses cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19; and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all businesses and non-profit and government entities to return to certain standards of operation.
Further, the Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize additional limited and incremental increases to gathering size.
If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and Vermonters cannot safely congregate in gatherings due to increased risk of exposure to COVID-19, he is hereby authorized, with approval of the Governor, to decrease the size of gatherings as necessary to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities.
This Addendum 16 to the Executive Order shall take effect upon signing and shall continue in full force and effect until June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.
Dated May 29, 2020
ADDENDUM 17 TO EXECUTIVE ORDER 01-20
[Modified Quarantine Restrictions on Travelers Arriving in Vermont; Municipal Regulation of Bars and Restaurants]
WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 1,000 cases and 55 related deaths; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Executive Order expressly recognized the critical need to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and
WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of VDH, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness, including self-quarantine requirements for residents and non-residents travelling to Vermont to stay; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy and continues to do so with the modification of the State’s quarantine requirements to facilitate travel into Vermont without home-quarantine for a period of fourteen (14) days, based on data regarding rates of COVID-19 infection; and
WHEREAS, the impact of COVID-19 on the Northeast United States has been significant with approximately 41 percent of all confirmed U.S. cases located within a 5-hour drive of the Vermont border, however, analysis by the State has found many counties in New York and New England currently have a low active case count making the risk of COVID-19 transmission for those traveling from those counties to Vermont low.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following:
1. Amendment to Addendum 7 to the Executive Order. Effective Monday, June 8. 2020, Addendum 7 to the Executive Order is hereby further amended to allow travel without quarantine restrictions to and from the counties of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut and New York with 400 or fewer active cases of COVID-19 per million, and as further set forth in guidance issued by the Secretary of the Agency of Commerce and Community Development (ACCD).
2. The Commissioner of the Department of Financial Regulation (DFR) shall report to the Governor on a weekly basis on the regional data regarding rates of COVID-19 infection, by county, for New York and each New England state. The list of qualifying counties shall be updated weekly and posted to the website of ACCD.
3. The Secretary of ACCD, in consultation with the Commissioner of DFR and the Commissioner of VDH, with the approval of the Governor, may, from time-to-time, determine quarantine requirements designed with reference to state and regional COVID-19 infection rates to be the least restrictive means necessary to preserve the public health and safety, ensure the healthcare delivery system is capable of serving all, and help protect those at the highest risk and vulnerability.
4. The Agency of Transportation and the Department of Motor Vehicles are hereby directed to post this guidance at all major points of entry into Vermont, on highway message boards and at the Burlington International Airport and all other Vermont airports.
5. Guidance for self-quarantine shall be made available by ACCD and VDH.
6. Vermonters planning to travel out of state should understand that each state may have its own quarantine policy unique to the needs of that jurisdiction to address the COVID-19 crisis. Vermonters are expected to be familiar with and respect the quarantine policies of these states when travelling.
7. Restaurant, Bar and Catering Operations; State Regulation. For the sake of clarity, Addendum 14 to the Executive Order is intended to authorize the Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, to, from time-to-time, implement the additional limited, incremental, and phased resumption of indoor and outdoor restaurant, bar and catering businesses, and update and modify the mitigation requirements and procedures regarding the resumption of those businesses.
Further, for the sake of clarity, the Board of the Department of Liquor and Lottery (Board) is hereby directed to amend, rescind, or interpret its rules, procedures and permitting requirements as necessary, to allow first, third and fourth class licensees, licensed caterers and licensed manufacturers to resume operations in accordance with ACCD guidance for both outdoor and indoor restaurant and bar operations and catering events.
8. Municipal Ordinances and Regulations for the Restart of Bars. The legislative body of each municipality may enact local requirements which are more strict than the guidance issued by ACCD regarding the operation of bars, catering facilities and restaurants, to address an outbreak of COVID-19 in the municipality.
Except as otherwise set forth herein, Addendum 7 to the Executive Order as amended in Addendum 14 to the Executive Order and as amended herein, and this Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.
Dated June 5, 2020.
AMENDED AND RESTATED EXECUTIVE ORDER NO. 01-20
[Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), in the United States; and
WHEREAS, this rapidly evolving global situation required the Governor to direct the Vermont Department of Health (VDH) to activate the Health Operations Center (HOC) in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed Vermont Emergency Management (VEM) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (SEOC), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, we learned that while most individuals affected by COVID-19 will experience mild flu-like symptoms, some individuals, especially those who are elderly or already have severe underlying chronic health conditions will have more serious symptoms and require hospitalization; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19 (extended April 10 and May 15, 2020); and
WHEREAS, at the federal level, three separate emergency declarations were declared and remain in effect: a Health and Human Services (HHS) Public Health Emergency (January 31, 2020 renewed April 21, 2020), a Stafford Act Emergency (March 13, 2020), and a National Emergency (March 13, 2020); and
WHEREAS, all states in the region, including Vermont, have experienced community transmission of COVID-19 which has led to hundreds of thousands of cases and thousands of deaths, with at least one-third of all cases nationally found within a five hour drive of Vermont’s borders; and
WHEREAS, the Governor, in consultation with VDH, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this health emergency including issuing an Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would have threatened to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, licensing and regulatory flexibility needed to facilitate the medical response, health and safety requirements, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability, and federal emergency funding; and
WHEREAS, the General Assembly has passed no fewer than seven COVID-19-related measures dependent on the existence of a declared State of Emergency, including three delivered to the Governor as recently as June 9, 2020, that support health care providers, provide flexibility to the Office of Professional Responsibility, VDH and the Green Mountain Care Board with respect to health care and social service provider licensing, ensure expanded health insurance coverage, facilitate prescription renewals, provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer service disconnection, protect Vermonters in a public meeting settings and provide municipalities flexibility with budgeting and municipal taxes; and
WHEREAS, in order to ensure policies made during the State of Emergency endure the health emergency, time is needed to determine the long term actions needed by the Governor and the Legislature to sustain the health and safety of Vermonters, Vermont’s medical care systems and the Vermont economy.
NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as the Governor of Vermont and Commander-in-Chief, Vermont National Guard, by the Constitution of the State of Vermont, Chapter II, Section 20 and under 20 V.S.A. §§ 8, 9 and 11 and Chapter 29, hereby declare the State of Emergency for the State of Vermont shall be continued and extended through midnight on Wednesday, July 15, 2020. The Executive Order, as supplemented and amended, is hereby amended and restated as follows:
1. Emergency Management Response.
a. In preparing for and responding to COVID-19, all agencies of the State shall use and employ state personnel, equipment, and facilities or perform any and all activities consistent with the direction of VDH and the Department of Public Safety (DPS)/VEM.
b. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by COVID-19 in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.
c. The Commissioner of VDH shall oversee the investigation, coordination and mitigation efforts for the duration of this Order. All local boards of health shall consult with and abide by the recommendations of the Commissioner of VDH prior to taking any action regarding isolation or quarantine of an individual(s). Town health officers shall work with and assist VDH as directed by the Commissioner of VDH.
d. Non-Congregate Housing. Effective March 1, 2020, local governments, state agencies and private non-profit organizations statewide shall:
i. To the extent not already in place, and at the discretion of the Agency of Human Services (AHS), arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.
ii. To the extent not already in place, implement a temporary quarantine and isolation program utilizing non-congregate solutions including hotels, motels, dormitories, or other forms of non-congregate shelter for current clients and vulnerable populations for the purpose of providing adequate social distancing between all individuals who are reasonably believed to have been exposed to or infected with COVID-19, or recovering from COVID-19.
iii. To the extent they determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders including Department of Corrections personnel, health care workers and others critical to the COVID-19 response, such as critical infrastructure construction and maintenance, who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, provide alternative non-congregate housing to this population of first responders, health care workers and others critical to the COVID-19 response.
iv. To the extent the AHS determines there is a need to provide non-congregate housing to the general public for the purpose of minimizing the impact of outbreaks and exposure to COVID-19 among family units and vulnerable populations in the same household, such non-congregate housing shall be offered.
2. Health Care Facility Visitation.
a. All State licensed nursing homes (as defined in 33 V.S.A. § 7102(7)), assisted living residences (as defined in 33 V.S.A. § 7102(1)), Level III residential care homes (33 V.S.A. 7102(10)(A)), and intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), the Vermont Psychiatric Care Hospital (VPCH) and Middlesex Therapeutic Community Residence shall comply with visitor access guidance promulgated by the State to reduce potential transmission. These restrictions shall not apply to medically necessary personnel or visitors for residents receiving end of life care.
b. All State therapeutic community residences (as defined in 33 V.S.A. § 7102(11)), and Level IV residential care homes (33 V.S.A. § 7102(10)(B)), shall restrict visitor access as necessary to reduce facility-based transmission. This restriction shall not apply to medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of VDH.
c. All hospitals (as defined in 18 V.S.A. § 1902), except VPCH, shall maintain visitation policies and procedures that conform to a minimum standard which shall be developed by the AHS to restrict visitor access to reduce facility-based transmission.
d. The Secretary of AHS, in consultation with the Commissioner of VDH, and with the approval of the Governor, is hereby delegated the authority to authorize additional limited, incremental, and phased resumption of health care facility visitation and update and modify the requirements and procedures regarding the resumption of health care visitations.
3. Health Care Regulation and Licensing.
a. Relevant rules governing medical services shall be suspended to the extent necessary to permit such personnel to provide paramedicine, transportation to destinations including hospitals and places other than hospitals or health care facilities, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Commissioner of VDH.
b. Relevant rules governing nursing services shall be suspended to the extent necessary to permit such personnel to provide medical care, including but not limited to administration of medicine, prescribing of medication, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Secretary of State in consultation with the Commissioner of VDH.
4. Non-Essential Medical and Surgical Procedures.
a. Clinicians in Vermont shall operate only in accordance with the mitigation requirements and procedures issued by the Commissioner of VDH for clinic visits, diagnostic imaging, surgeries and procedures, including those performed in the office or ambulatory surgical care setting and dental procedures.
b. The Commissioner of VDH, with the approval of the Governor, may update and modify the mitigation requirements and procedures regarding the resumption of additional adult elective surgery and medical and surgical procedures, including dental procedures.
5. Unemployment Insurance.
a. To ensure that workers affected by COVID-19 have access to wage replacement programs, I hereby direct the Department of Labor (VDOL) to extend unemployment insurance to those Vermonters following the instructions of their health care providers to self-isolate or quarantine; to remove the work search requirement for those workers affected by temporary closure of a businesses; and to temporarily suspend any mechanisms that would delay the release of funds to claimants.
b. I hereby direct the Commissioner of VDOL to relieve employers of charges for benefits paid to an individual for reasons related to COVID-19 for the duration of the Emergency Declaration.
6. State Travel Policy. In order to limit exposure and protect State employees, all non-essential out-of-state travel by State employees for State business is hereby suspended.
The Secretary of Administration shall, in consultation with the Commissioner of VDH, develop guidance for employees returning from all out-of-state travel. This guidance shall reference existing State quarantine requirements, if any, which shall apply regardless of the purpose of the travel.
The Secretary of Administration, in consultation with the Commissioner of VDH, and with the approval of the Governor, is hereby delegated the authority to authorize waivers and update and modify the requirements and procedures regarding the resumption of employee travel for State business.
7. Stay Safe. To preserve the public health and safety, to ensure the health care delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, Vermonters are encouraged to limit their exposure to disease outside their homes or places of residence as much as possible.
a. Vermonters should travel only as needed:
i. For personal safety, medical care and care of others;
ii. For work, although all workers should continue to work remotely whenever possible;
iii. For shopping and services available at all businesses and non-profit and government entities;
iv. To get fresh air and exercise by taking advantage of outdoor recreation and outdoor fitness activities that require low or no direct physical contact;
v. For limited social interactions and gatherings at or below the current gathering size limit set forth in ACCD and VDH guidance, preferably in outdoor settings; and
vi. For in-state stays at available lodging, campground and marina facilities.
b. To keep disease from spreading, Vermonters should maintain physical distancing and protocols for hygiene recommended in guidance from CDC, VDH and other designated state agencies and departments. This means:
i. Except as needed for medical care, staying home and away from others if you are sick with COVID-19, have recently been exposed to someone who has COVID-19, or just don’t feel well;
ii. Keeping a six-foot distance from others when you meet people outside of your household;
iii. Frequently washing your hands (hand sanitizer is acceptable when soap and water are not available);
iv. Coughing and sneezing into your elbow or a tissue (even if you are wearing a facial covering);
v. Wearing a facial covering over your nose and mouth when you are in close proximity to others from outside your household; and
vi. Limiting travel to within Vermont to the extent possible and when you do travel, limit non-essential stops.
c. Individuals Who May be at Higher Risk. Older adults (age 65 and older) and people of any age who have serious underlying medical conditions, for example, heart and lung disease or diabetes might be at higher risk for severe illness from COVID-19 and should call their health care professional with concerns about COVID-19 and underlying health conditions or if they are sick.
Additional guidance for individuals at higher risk can be found on the Vermont Department of Health website.
d. All public and private enterprises shall post appropriate notices requiring compliance with recommendations by the CDC and the Commissioner of VDH including, at a minimum, those set forth above.
e. Trusted Households. Members of one household may choose to socialize-and allow children to play - with members of another household, such as family, neighbors or friends known to be following VDH/CDC health and safety precautions. Vermonters should follow VDH guidance on recommended practices which allow connection with small groups of family and friends from “trusted households” in ways that allow them to relax some physical distancing.
f. Mask Use. All Vermonters are encouraged to wear facial coverings over their nose and mouth any time they are interacting with others from outside their households, especially in congregate settings where it is not possible to maintain physical distancing. Masks are not recommended for strenuous outdoor activity, anyone under the age of 2, anyone with a medical condition that is complicated or irritated by a facial covering, or anyone with difficulty breathing. Businesses and non-profit and government entities may require customers or clients to wear masks.
The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein.
g. Mask Use on Public Transit Conveyances or in Mass Transportation Facilities. The traveling and commuting public shall wear face coverings over their nose and mouth any time they are using public transportation conveyances, including busses, trains, and ride services and when in a mass transportation station or terminal, including airports.
h. Gathering Size. Social gatherings shall be limited to up to twenty-five (25) people at the same time in any confined indoor or outdoor space which encourages congregation; provided, however, to the extent the Secretary of the Agency of Commerce and Community Development (ACCD) has established occupancy limits for business and non-profit and government entity operations, including, but not limited to, retail, recreational, dining, worship and event spaces in order to ensure appropriate physical distancing, applicable occupancy limits shall apply. Absent an established occupancy limit, the limit on social gatherings as set forth herein and modified by the Secretary of ACCD from time to time, with the approval of the Governor, shall apply.
i. Quarantine.
i. Effective Monday, June 8, 2020, travel is permitted without quarantine restrictions to and from those counties of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut and New York as set forth in guidance issued by the Secretary of ACCD.
ii. The Commissioner of the Department of Financial Regulation (DFR) shall report to the Governor on a weekly basis on the regional data regarding rates of COVID-19 infection, by county, for New York and each New England state, and as may otherwise be requested. The list of qualifying counties shall be updated weekly and posted to the website of ACCD.
iii. Travelers, including Vermonters, who visit or are from a county other than the counties identified in ACCD guidance as non-quarantine counties must still quarantine upon arrival or return to Vermont.
Effective June 15, 2020, visitors to Vermont may complete either: (i) a 14-day quarantine; or (ii) a 7-day quarantine followed by a negative test in their home state and enter Vermont without further quarantine restrictions if they drive directly from their home via their personal vehicle.
Alternatively, visitors may complete either: (i) a 14-day quarantine; or (ii) a 7-day quarantine followed by a negative test — in a Vermont lodging establishment regardless of destination origin or manner of travel (travelers must stay in their quarantine location for the duration of quarantine other than to travel to and from a test site).
iv. To preserve the public health and safety, to ensure the health care delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, any person, resident or non-resident, travelling into Vermont for anything other than daily commute for authorized work, health care, groceries, family visitation or recreation, must comply with guidance issued by the Secretary of ACCD.
v. The Agency of Transportation and the Department of Motor Vehicles are hereby directed to post this guidance at all major points of entry into Vermont, on highway message boards and at the Burlington International Airport and all other Vermont airports.
vi. Guidance for self-quarantine shall be published by ACCD and VDH on their public websites.
vii. Vermonters planning to travel out-of-state should understand that each state may have its own quarantine policy unique to the needs of that jurisdiction to address the COVID-19 crisis. Vermonters are expected to be familiar with and respect the quarantine policies of these states when travelling.
8. Fairs and Festivals. Vermonters planning fairs and festivals require certainty given the long lead time necessary for the successful operation of these fairs and festivals. For the sake of clarity, in light of the importance of maintaining the public health outcomes achieved to date, and continuing to make more progress in suppressing, containing and eliminating the spread of the virus, how people gather, and in what quantity, will continue to change in the months ahead. This will be problematic for large event planning purposes over the next 3-4 months, and therefore, traditional fairs and festivals are hereby cancelled until further notice.
This shall not prevent fairgrounds and other indoor and outdoor venues from operating for sporting, entertainment, concerts and other events in accordance with then applicable VDH/ACCD guidance on gathering size, occupancy limits, distancing and other health and safety requirements.
9. Work Safe.
a. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of Vermont’s economic recovery will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.
b. For the health and safety of all Vermonters, all business, non-profit and government entity operations, including close contact businesses, gyms and fitness facilities, bars, restaurants and other food services and recreational resources such as lodging, campgrounds, marinas, playgrounds and team sports, shall only operate in accordance with the occupancy limits and physical distancing, health and sanitation and training requirements set forth in ACCD Work Safe Guidance.
Businesses and non-profit and government entities which are not authorized to operate as of the date of this Amended and Restated Executive Order shall be addressed at a later date.
Businesses and not-for-profit entities in the state that do not meet ACCD occupancy limits and physical distancing, health and sanitation and training requirements shall suspend in-person business operations.
c. All businesses and not-for profit and government entities are encouraged to continue business strategies, procedures and practices to maximize use of online presence, telephone and web-based service delivery and phone or online orders for curb-side pick-up and delivery.
d. For the sake of clarity, municipal services shall be made available to Vermonters seeking to perform authorized functions, such as recordings required for real estate, financial and other legal transactions, as well as services required so economically disadvantaged populations can access available benefits.
e. Telework. All businesses and non-profit and government entities shall encourage and facilitate telework among those employees with the capacity to work remotely when practical without impeding productivity. Employers shall accommodate the needs of high risk individuals, those workers who may have child care needs which cannot be met due to the closure of schools or child care facilities for reasons relating to COVID-19 and those individuals with concerns about personal health circumstances.
f. Education and Compliance. The Vermont Occupational Safety and Health Administration, Health inspectors, AAFM inspectors, and Department of Liquor and Lottery enforcement officers shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and governmental entities have the information necessary to comply with the health and safety requirements set forth in ACCD Work Safe Guidance.
g. Economic Recovery. ACCD shall work with the Vermont business and non-profit community, the General Assembly, the U.S. Small Business Administration (SBA) and other federal funders and the Vermont Small Business Development Center (SBDC) to ensure Vermont businesses have the resources needed to address the economic impact of losses for the period of the declaration of emergency as compared to the same period of the preceding year for the purpose of obtaining available loan, grant and other assistance.
10. Liquor Regulation.
a. Gubernatorial Directive 4 issued March 19, 2020, authorizing take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption, shall remain in full force and effect.
b. Effective May 22, 2020, the rules of the Board of the Department of Liquor and Lottery are hereby amended or rescinded, or shall be interpreted as necessary, to allow first, third and fourth class licensees to offer outdoor consumption of beverage alcohol with, or independent of the sale of food, as follows:
i. Licensees must submit a notice document to the Department of Liquor and Lottery (DLL), using an on-line form available at liquorcontrol.vermont.gov, to indicate intent to apply for an initial or modified Outdoor Consumption Permit. Upon submission of the notice, licensees may begin to offer outdoor consumption of beverage alcohol with, or independent of the sale of food in accordance with ACCD guidance.
ii. Licensees must describe the area to be used for outdoor consumption of beverage alcohol and include in this description what physical barrier will define the perimeter of the area to be used.
iii. A licensee must have a legal control over, local authority to use or a legally binding agreement to use, the area it is applying to utilize.
iv A licensee shall immediately submit its Outdoor Consumption Permit application to DLL for approval.
v. DLL shall make best efforts to process all permit applications within 48 hours of submission.
vi. Applicants shall obtain the approval of the local jurisdiction and may operate in accordance with the DLL permit pending that determination.
vii. Permits disapproved by a local jurisdiction shall be deemed disapproved by DLL.
c. DLL shall waive all fees for an application for an initial or modified Outdoor Consumption Permit.
d. The Board shall not penalize any licensee who is in compliance with the terms of this Amended and Restated Executive Order and any approved guidance issued hereunder.
e. Any restaurant, bar, or establishment that offers food or drink may continue to offer food and beverage alcohol, including spirit-based drinks and malt and vinous product for take-out and by delivery.
f. Local Ordinance and Regulation. Enforcement of all municipal ordinances and regulations requiring an applicant to receive an approval or permit for outdoor food and beverage service is hereby suspended until such time as the local jurisdiction has acted to disapprove an Outdoor Consumption Permit issued by DLL. All applications may be subject to review and approval by the local jurisdiction and reasonable conditions may be imposed, provided that nothing in this Order shall require a municipality to approve an Outdoor Consumption Permit.
Failure of a local jurisdiction to impose conditions on, or disapprove, an Outdoor Consumption Permit within 30 days of submission shall be deemed approval.
11. Authority of the Secretary of ACCD.
a. The Secretary of ACCD, in consultation with the Commissioner of DFR and the Commissioner of VDH, with the approval of the Governor, may determine quarantine requirements designed with reference to state and regional COVID-19 infection rates to be the least restrictive means necessary to preserve the public health and safety, ensure the health care delivery system is capable of serving all, and help protect those at the highest risk and vulnerability.
b. The Secretary ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may implement the limited, incremental, and phased resumption of all business, non-profit and government entity operations, including close contact businesses, bars, restaurants and food services and recreational resources, and update and modify the mitigation requirements and procedures regarding the resumption of business, non-profit and government entity operations.
c. The Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may modify applicable gathering size limitations.
12. Education and Child Care.
a. I hereby direct that no school superintendent or school shall cause a student or parent to be penalized for student absences that are the result of following medical advice or the guidance of VDH or to address the concerns of parents or guardians in response to COVID-19.
b. I hereby modify and clarify Gubernatorial Directive 1 issued March 15, 2020, Directive 2 issued March 17, 2020 and Directive 5 issued March 26, 2020 (Education Directives), to all School Boards and Superintendents, to delegate to the Secretary of the Agency of Education (AOE) the authority to direct the resumption of in-person instruction in public and independent schools, as well as authorize other uses of school facilities in accordance with appropriate occupancy limits and physical distancing, health and sanitation and training measures, subject to the approval of the Governor.
School districts are directed to continue to pay school staff, regardless of whether employees are required to report to work to support the emergency response through July 1, 2020. Except as modified herein, and as modified by the Secretary of AOE with the approval of the Governor, the Education Directives shall remain in full force and effect.
c. For the health and safety of all Vermonters, child care providers shall only operate in accordance with the occupancy limits and physical distancing, health and sanitation and training requirements set forth in guidance issued by the Secretary of the AHS.
d. The Secretary AHS, in consultation with the Commissioner of VDH, and with the approval of the Governor, may implement the resumption of all child care provider operations.
13. Motor Vehicles.
a. Gubernatorial Directive 3 issued March 18, 2020, as amended June 1, 2020, regarding Department of Motor Vehicles (DMV) operations, shall remain in full force and effect.
b. Motor Vehicle Inspections. In order to alleviate in-person contact at locations offering vehicle inspections, DMV is hereby directed to extend inspections for motor vehicles other than school buses and motor buses, for 60 days for inspections due in April 2020 (a green “4”).
14. Authority of the Commissioner of VDH. If the Commissioner of VDH determines that a COVID-19 outbreak has occurred and businesses and non-profit and government entities cannot safely operate or large groups cannot safely congregate, in a way that 1) limits the exposure of Vermonters and visitors to COVID-19 and 2) does not threaten to overwhelm our hospitals and health care resources, he shall advise the Governor on the appropriate return to more limited standards of operation and civilian mobility.
15. COVID-19 Emergency Response Services. In accordance with the authority granted to the Governor pursuant to 20 V.S.A. §§ 8 and 9 to make, amend, and rescind necessary orders, rules, and regulations for emergency management purposes, I hereby adopt the following rule for the purpose of interpreting the scope of 20 V.S.A. § 20 relating to legal immunity for Health Care Facilities, Health Care Providers, and Health Care Volunteers, as defined herein, who are providing COVID-19 related emergency management services or response activities. The intent of this rule is to clarify that under protections afforded by 20 V.S.A. § 20, Health Care Facilities, Health Care Providers, and Health Care Volunteers would be immune from civil liability for any death, injury, or loss resulting from COVID-19 related emergency management services or response activities, except in the case of willful misconduct or gross negligence.
a. For purposes of this Amended and Restated Executive Order, the following terms are defined as set forth below; provided, however, these definitions are intended to provide further detail to the scope of the immunities provided in 20 V.S.A. § 20 and are not intended to limit or narrow the scope of the immunities provided therein:
i. “All-hazards” for purposes of the existing State of Emergency means the COVID-19 outbreak in Vermont which has been determined by the Governor to pose a threat or may pose a threat to public safety in Vermont.
ii. “Emergency functions” include, for purposes of this order, services provided by the public safety, firefighting services, police services, sheriff’s department services, medical and health services, including those services provided by Health Care Providers and Health Care Volunteers, rescue, communications, evacuation of persons, emergency welfare services, protection of critical infrastructure, emergency transportation, other functions related to civilian protection, and all other activities necessary or incidental to the preparation for and carrying out of these functions.
iii. “Emergency management” means the preparation for and implementation of all emergency functions, other than the functions for which military forces or other federal agencies are primarily responsible, to prevent, plan for, mitigate, and support response and recovery efforts from all hazards. Emergency management includes the equipping, exercising, and training designed to ensure that this state and its communities are prepared to deal with all-hazards.
iv. “Health Care Facilities” means State licensed nursing homes (as defined in 33 V.S.A. § 7102(7)) and Middlesex Therapeutic Community Residence, all State licensed assisted living residences (as defined in 33 V.S.A. § 7102(1)), Level III residential care homes (33 V.S.A. 7102(10)(A)), intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), all State therapeutic community residences (as defined in 33 V.S.A. § 7102(11)), Level IV residential care homes (33 V.S.A. § 7102(10)(B)), all hospitals (as defined in 18 V.S.A. § 1902) and all alternate or temporary hospital sites and other isolation, quarantine or housing sites designated by the Commissioner of PSD/VEM for the treatment of, or alternate shelter for those who have been exposed to or infected with COVID-19.
v. “Health Care Providers” means all health care providers as defined by 18 V.S.A. § 9432(9), including volunteers, who are providing health care services in response to the COVID-19 outbreak and are authorized to do so.
vi. “Health Care Volunteers” means all volunteers or medical or nursing students who do not have licensure who are providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak and are authorized to do so.
b. For Health Care Facilities and Health Care Providers, an emergency management service or response activity, includes, but may not be limited to:
i. Expedited postponement of non-essential adult elective surgery and medical and surgical procedures, including dental procedures, in the safest but most expedient way possible, as ordered by Addendum 3 of the Executive Order, if elective surgeries and medical and surgical procedures are performed at the Health Care Facility or by the Health Care Provider;
ii. Cancelling or denying elective surgeries or procedures or routine care to the extent determined necessary for the health, safety and welfare of a patient or as necessary to respond to the COVID-19 outbreak;
iii. Redeployment or cross training of staff not typically assigned to such duties, to the extent necessary to respond to the COVID-19 outbreak;
iv. Planning, or enacting, crisis standard-of-care measures, including, but not limited to, modifying numbers of beds, preserving PPE, and triaging access to services or equipment as necessary to respond to the COVID-19 outbreak; and
v. Reduced record-keeping to the extent necessary for Health Care Providers to respond to the COVID-19 outbreak.
c. For Health Care Volunteers, “emergency management services or response activities” also includes providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak.
d. Nothing contained in this Amended and Restated Executive Order shall alter existing law with respect to gross negligence or willful misconduct.
16. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall, as appropriate, issue recommendations, directives and orders as circumstances may require.
This Amended and Restated Executive Order shall take effect upon signing and supersede the original Executive Order, as amended and Addenda thereto. This Amended and Restated Executive Order shall continue in full force and effect until midnight on July 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Amended and Restated Executive Order.
Dated: June 15, 2020
ADDENDUM 1 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Extension of State of Emergency Declared March 13, 2020]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (“COVID-19”), in the United States; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS/VEM”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and
WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, National Guard resources standing by to implement hospital surge capacity, workplace health and safety requirements, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability and federal emergency funding; and
WHEREAS, the General Assembly has passed a number of COVID-19-related measures dependent on the existence of a declared State of Emergency, provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer service disconnection, protect Vermonters in a public meeting settings and provide municipalities flexibility with budgeting and municipal taxes; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Saturday, August 15, 2020.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Saturday, August 15, 2020.
IT IS FURTHER ORDERED:
1. Except as set forth herein, the Amended and Restated Executive Order issued June 5, 2020, and all Directives issued thereunder shall continue in full force and effect until midnight on August 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend the State of Emergency.
2. Emergency Food Distribution. Section 1 of the Amended and Restated Executive Order (Emergency Management Response), is hereby amended and clarified regarding emergency feeding to add the following new subsection (e):
e. Emergency Feeding. The Department of Public Safety and Agency of Human Services shall coordinate and execute emergency feeding operations at their discretion for the following populations:
i. Those who test positive for or have been exposed to COVID-19 that do not require hospitalization but need isolation or quarantine,
ii. High-risk individuals including but not limited to people over 65 or with certain underlying health conditions and vulnerable populations in non-congregate shelter environments, and
iii. Populations that face greater food insecurity due to the economic impact of COVID-19.
DPS and AHS shall continuously assess the need to provide emergency feeding as a life-saving and life-sustaining commodity to those populations which are identified in medium to long term recovery efforts from the COVID-19 Pandemic.
3. Authority of the Secretary of ACCD. With respect to quarantine requirements, effective July 1, 2020, the Secretary of ACCD, in consultation with the Commissioner of DFR and the Commissioner of VDH, with the approval of the Governor, may permit travel without quarantine restrictions to and from counties of states in addition to New York and the New England states.
This Addendum 1 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on August 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.
Dated July 15, 2020
ADDENDUM 2 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 01-20
[Strengthening the Use of Facial Coverings]
Rescinded by Addendum 15 to Amended and Restated Executive Order No. 01-20 (codified as Executive Order 20-59), dated April 30, 2021.
ADDENDUM 3 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 01-20
[Extension of State of Emergency Declared March 13, 2020]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus (“COVID-19”) and then to implement measures to keep Vermonters healthy and safe; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and state officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and
WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, National Guard resources standing by to implement hospital surge capacity and for emergency food distribution, workplace health and safety requirements, a mandate for facial coverings, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability and federal emergency funding; and
WHEREAS, the General Assembly has passed a number of COVID-19-related measures dependent on the existence of a declared State of Emergency which provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer service disconnection, protect Vermonters in public meeting settings and provide municipalities flexibility with budgeting and municipal taxes; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Tuesday, September 15, 2020 and provide flexibility to cities and towns to act to further restrict group size and limit the hours of alcohol sales in bars and clubs in their jurisdictions.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Tuesday, September 15, 2020.
IT IS FURTHER ORDERED:
1. Except as set forth herein, the Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on September 15, 2020, at which time the Governor, in consultation with the VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.
2. Authority of Vermont Cities and Towns.
A. Gathering Size. Notwithstanding gathering size limitations established by Executive Order or guidance issued by the Agency of Commerce and Community Development, the legislative body of each city and town may enact local requirements regarding gathering size limitations that are more restrictive than those established by the State.
B. Alcohol Sales. The Rules of the Department of Liquor and Lottery (DLL) are hereby supplemented to authorize the legislative body of each city and town to prescribe shorter hours than those hours set forth in the Rules of DLL, for the sale by bars and clubs licensed by DLL of malt, vinous, spiritous and spirit-based beverages.
3. Temporary License Plates. The Commissioner of the Department of Motor Vehicles shall develop processes for the issuance of temporary electronic in-transit registration plates and permits for all types of vehicles which are sold and transported to or within and registered in Vermont. These temporary plates and permits shall be valid for up to 60 days.
This Addendum 3 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on September 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.
Dated August 14, 2020
ADDENDUM 4 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Expansion of Child Care to School-Age Children in Family Child Care Homes]
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency (“Executive Order”), as amended and restated June 15, 2020 (“Amended and Restated Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Governor, in consultation with the Vermont Department of Health (VDH), Department of Public Safety/Division of Emergency Management (DPS), the Vermont Agency of Human Services (AHS) and the Agency of Education (AoE), initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended, and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, in mid-April, the Governor began to undertake a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, this cautious, data-driven approach has allowed for the restart of every sector of the Vermont economy to some degree, while maintaining containment of the spread of COVID-19; and
WHEREAS, based on the best scientific evidence available to the experts at VDH, AoE and leading pediatric medical professionals and educators, the Governor imposed a statewide uniform start date for Vermont schools of September 8, 2020; and
WHEREAS, an analysis of AoE’s enrollment data, by county and grade, estimates if 25% of K-6 students require child care during remote learning days, the number of day care openings required could exceed 10,000; and
WHEREAS, multiple return to school models being pursued throughout the state create a significant, immediate need for child care for school age child care on remote learning days as families return to work.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following measures to rapidly expand child care capacity in the State for school age children.
1. Expand Child Care to School-Age Children in Family Child Care Homes. In accordance with the authority granted to the Governor pursuant to 20 V.S.A. §§ 8 and 9 to make, amend, and rescind necessary orders, rules, and regulations for emergency management purposes, I hereby adopt the following rule for the purpose of interpreting the scope of 33 V.S.A. § 3511(7), relating to the exceptions to limits on child care provided in family home settings. The intent of this rule is to clarify an exception for remote learning is consistent with the policy intent of the exceptions afforded by 33 V.S.A. § 3511(7), which allows exceptions for school closing days, snow days and vacation days. This clarification will result in an increase in school age full-time child care capacity statewide.
A. For purposes of this Addendum 4 to the Amended and Restated Executive Order, the following term is defined as set forth below to provide further detail to the scope of the exceptions provided in 33 V.S.A. § 3511(7). The following term is defined as set forth below:
(i) “Family child care home” means a child care facility which provides care on a regular basis in the caregiver’s own residence for not more than 10 children at any one time. Of this number, up to six children may be provided care on a full-time basis and the remainder on a part-time basis. As used in this subdivision, care of a child on a part-time basis shall mean care of a school-age child for not more than four hours a day. These limits shall not include children who reside in the residence of the caregiver.
These part-time school-age children may be cared for in a family child care home on a full-day basis during school closing days, remote-learning days, snow days, and vacation days which occur during the school year.
2. Authority of the Secretary of the Agency of Human Services. With respect to child care programs, the Secretary of AHS shall oversee the implementation of this Addendum 4 to the Amended and Restated Executive Order and I hereby delegate to the Secretary of AHS such further authority to undertake measures to expand the State’s capacity for school-age child care, which may include, but not be limited to:
A. Supporting the development of child care facilities for school age children to receive child care on remote learning days. These sites would allow for flexibility based on the region’s K-12 education models. These sites could be established in school buildings, recreational buildings, municipal buildings and summer camp buildings to leverage existing spaces that historically care for children. These sites could also be established upon application by employers, or in collaboration between the State and employers.
B. With the approval of the Governor, making the necessary orders and making, amending and rescinding the necessary rules and regulations to carry out the provisions of this Addendum 4 to the Amended and Restated Executive Order. This may include, but not be limited to, such changes necessary to collaborate with community partners and employers to operate these new child care facilities similarly to summer recreation programs and day camps.
C. Expediting administrative processing and increasing administrative flexibility for applicants seeking to become a regulated child care program, which may include granting provisional licensure to programs while they pursue full licensure, granting variances to licensing regulations and expedited division reviews.
3. All State Agencies shall collaborate and align resources as directed by the Secretary of AHS, in consultation with the Governor, to support child care providers in accordance with this Addendum 4 to the Amended and Restated Executive Order.
4. State Agencies shall collaborate on continuity of mental health services to children and their families as directed by the Secretary of AHS, in consultation with the Governor.
5. All child care providers shall follow guidance issued by the Agency of Commerce and Community Development and VDH to ensure all children and employees are safe and healthy.
Addendum 4 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on September 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.
Dated August 18, 2020
ADDENDUM 5 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Extension of State Emergency Declared March 13, 2020]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus (“COVID-19”) and then to implement measures to keep Vermonters healthy and safe; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and state officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of September 9, 2020, the State has experienced 1,654 cases and 58 deaths which are COVID-19 related; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and
WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, National Guard resources standing by to implement hospital surge capacity and for emergency food distribution, workplace health and safety requirements, a mandate for facial coverings, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability and federal emergency funding; and
WHEREAS, the General Assembly has passed a number of COVID-19-related measures dependent on the existence of a declared State of Emergency which provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer service disconnection, protect Vermonters in public meeting settings and provide municipalities flexibility with budgeting and municipal taxes; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Tuesday, September 15, 2020, clarify the use of facial coverings when engaged in strenuous activity and clarify the delegated authority of the Secretary of Administration for State agency and department return to the worksite.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Thursday, October 15, 2020.
IT IS FURTHER ORDERED:
1. Except as set forth herein, the Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on October 15, 2020, at which time the Governor, in consultation with the VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.
2. Masks or Cloth Facial Coverings Required in Public Wherever Close Contact is Unavoidable. Section 7(f) of the Amended and Restated Executive Order regarding Mask Use is hereby amended in part to clarify mask use when engaged in strenuous activity, as follows:
Nothing in this Order or any other State health and safety guidance shall require the use of a mask or cloth facial covering when someone is engaged in strenuous exercise or activity when physical distance of six (6) feet can be consistently maintained, for anyone under the age of 2, any child or adult with a medical or developmental issue or challenge that is complicated or irritated by a facial covering, anyone with difficulty breathing or as further set forth in guidance issued by VDH.
3. Authority of the Secretary of the Agency of Administration. For the sake of clarity, the Secretary of the Agency of Administration is delegated the authority, in consultation with the Commissioner of VDH and with the approval of the Governor, to issue guidance to State agencies, departments and employees on return to the worksite, with the exception of DMV which shall be responsible for implementing its Continuity of Operations Plan. The Secretary, in consultation with the Commissioner of VDH and the Secretary of the Agency of Commerce and Community Development, may update and modify the mitigation requirements and procedures regarding the return to the worksite of State government entity operations.
This Addendum 5 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on October 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.
Dated September 11, 2020
ADDENDUM 6 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Extension of State Emergency Declared March 13, 2020]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus (“COVID-19”) and then to implement measures to keep Vermonters healthy and safe; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and state officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of October 13, 2020, the State has experienced 1,886 cases and 58 deaths which are COVID-19 related; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and
WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, National Guard resources standing by to implement hospital surge capacity and for emergency food distribution, workplace health and safety requirements, a mandate for facial coverings, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability and federal emergency funding; and
WHEREAS, the General Assembly has passed a number of COVID-19-related measures dependent on the existence of a declared State of Emergency which provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer service disconnection, protect Vermonters in public meeting settings, stay the statute of limitations in civil litigation, supplement child care assistance and provide municipalities flexibility with budgeting and municipal taxes; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Sunday, November 15, 2020.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Sunday, November 15, 2020.
IT IS FURTHER ORDERED:
1. The Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on November 15, 2020, at which time the Governor, in consultation with the VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.
This Addendum 6 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on November 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.
Dated October 15, 2020
ADDENDUM 7 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Limiting Skating Facility Availability]
WHEREAS, as of October 16, 2020, the operations of New Hampshire skating facilities were closed by the Governor for two weeks in response to a COVID-19 outbreak which to date has resulted in 158 cases among 23 different ice hockey teams; and
WHEREAS, a COVID-19 outbreak among hockey leagues in central Vermont has expanded to 18 people; and
WHEREAS, in order to avoid an influx of new users into Vermont ice rinks/skating facilities, the Governor has determined to limit certain availability to Vermont ice rinks/skating facilities.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order all indoor ice rinks/skating facilities to freeze their schedules and not take any additional reservations for use of the facilities for the period beginning October 16, 2020 at 5:00 p.m., through midnight on October 30, 2020.
The Vermont Agency of Commerce and Community Development (ACCD), in consultation with the Vermont Department of Health and the Agency of Natural Resources, shall review existing guidelines to determine if a more aggressive response is needed to prevent further spread of COVID-19 related to indoor skating, hockey and other indoor recreational facilities.
This Addendum 7 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on October 30, 2020.
Dated October 16, 2020
ADDENDUM 8 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Extension of State of Emergency Declared March 13, 2020; Stay Safe/Stay Working/Stay in School]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus (“COVID-19”) and then to implement measures to keep Vermonters healthy and safe; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and State officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of November 13, 2020, the State has experienced 2,651 cases and 59 deaths which are COVID-19 related; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a State of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and
WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor undertook a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, despite months of success, statewide there is an acceleration in COVID-19 transmission; from November 8, 2020 to November 12, 2020, the number of new cases reported statewide increased at a rate as high as 50% per day (from 23 to 47 to 72 and to 109 cases); and
WHEREAS, in accordance with the Executive Order, as amended and restated, the Commissioner of VDH has determined that COVID-19 outbreaks have occurred, attributing this surge to a number of factors, primarily increased informal social gatherings involving alcohol, both indoors and outdoors, among people of different households, thus increasing the exposure of Vermonters and visitors to COVID-19, spreading the disease into more homes and workplaces and threatening to overwhelm our hospitals and health care resources; and
WHEREAS, the Commissioner has advised the Governor on the appropriate return to more limited standards of operation and social gatherings in order to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, minimize the risk to the public, maintain the health and safety of Vermonters and limit the spread of infection in our communities and within our healthcare facilities; and
WHEREAS, without a return to more limited standards of operation and social gatherings, as well as a requirement for greater cooperation by Vermonters with VDH contact tracing efforts, COVID-19 would likely continue to spread in Vermont at a rate similar to the rate of spread in other states and countries, and the number of persons requiring medical care could exceed available resources; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH, that with Vermont’s aggressive advances in the areas of contact tracing, surveillance testing and diagnostic and surveillance testing, it is possible to limit standards of operation and social gatherings, while keeping Vermonters working and our children in school; and
WHEREAS, Vermonters must come together as we have before in this crisis, to do our part to protect the very ill and elderly, ensure those who experience the most severe symptoms have access to the care they need, and keep our schools and economy open, by preventing and slowing the spread of this virus; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Tuesday, December 15, 2020.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Tuesday, December 15, 2020.
IT IS FURTHER ORDERED:
1. Except as modified herein, the Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on December 15, 2020, at which time the Governor, in consultation with VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.
2. Temporary Limitations on Business Operations and Social Gatherings; Requirement for Cooperation with VDH Contact Tracing.
a. Multiple Household Social Gatherings Suspended. Because data shows that between October 1, 2020 and November 13th, 2020 71% of the cases in Vermont associated with an outbreak are associated with a private party or social gathering, attendance at all public and private social, recreational and entertainment gatherings, indoor and outdoor, including large social gatherings incidental to ceremonies, holiday gatherings, parties and celebrations, shall be limited to participation with only members of a single household. For the sake of clarity, nothing in this Order prohibits the gathering of members living in the same residence. Individuals who live alone may gather with no more than one other household. Further, nothing in this order requires anyone to remain in a dangerous, unhealthy or otherwise unsafe household; likewise, nothing in this order prevents someone from taking in, housing, sheltering or assisting another individual or individuals to relieve them of a dangerous, unhealthy or otherwise unsafe household. Finally, limited outdoor fitness activities involving no more than two individuals from different households are permitted, provided these activities can be enjoyed while adhering to physical distancing and mask requirements, and require no physical contact. This includes, but is not limited to biking, hiking, walking, running and other outdoor fitness activities.
b. Restaurant Hours and Seating Limits. All 1st class licensees permitted to remain open, must be closed to in-person dining at 10:00 p.m., but may provide food and beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders through curbside pick-up, drive-through, and delivery services for off-site consumption after 10:00 p.m. in accordance with Agency of Commerce and Community Development (“ACCD”) Guidance. Restaurants must provide seated dining service only and to no more than one household per table in accordance with Section 2(a) above as well as the occupancy limits set forth in ACCD Guidance.
c. Closure of Bars and Social Clubs. Premises operating under a license, other than a 2d Class license, issued by the Department of Liquor and Lottery, Division of Liquor Control, shall suspend or modify operations as follows:
i. All “Clubs” as defined by 7 V.S.A. § 2(7) shall suspend on-premises operations.
ii. 1st Class licensees who hold a Restaurant License issued by VDH for an on-site kitchen equipped to provide menu service must accompany all beverage alcohol orders with food; serve only those patrons who are seated; and continue to abide by existing health and safety guidance issued by ACCD.
iii. All other 1st Class licensees, including Clubs, shall suspend operations.
iv. All 4th Class licensees shall suspend operations.
v. All premises suspending or modifying operations hereunder may offer or continue to offer take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product.
d. Contact Log. All restaurants and other public accommodations which host organized non-essential activities shall maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information, including name, address, phone number and email address for 30 days in the event contact tracing is required by VDH. For the sake of clarity, this requirement applies to all employees and all guests in every party.
e. Consent to Contact. All customers, members and guests providing information in accordance with section 2(d) above, consent to be contacted by the VDH Contact Tracing Team.
f. Contact Tracing Compliance. To preserve the public health and safety, to ensure the health and safety of the State, and to prevent the spread of COVID-19, Vermonters are directed to comply with requests made by the VDH Contact Tracing Team. Vermonters who have been identified as a case or a close contact are required to:
i. Promptly answer calls or otherwise respond to the VDH Contact Tracing Team;
ii. Provide full, complete and truthful information concerning places they have been, activities they have engaged in and persons with whom the individual has had close contact, including contact information when possible;
iii. Comply with all VDH recommended quarantine and isolation periods and testing.
g. Recreational Sports. All recreational sports programs, including organized and/or informal recreational youth and adult league sports, practices, games and tournaments, are hereby suspended. This suspension shall not apply to school-sponsored sports activities which are subject to applicable Agency of Education Guidance.
h. Returning College Students. All students who are returning home from a college or university, in-state or out of state, shall quarantine at home for fourteen days, with a test for COVID-19 strongly encouraged, or quarantine for no less than seven (7) days at which time they must be tested for COVID-19.
i. Telework. All businesses, not-for-profit entities and municipal government entities in the State shall reinstitute, to the maximum extent possible, or reemphasize to the extent necessary, telecommuting or work from home procedures. In person meetings are strongly discouraged and all meetings should be held by telephone or electronically to avoid in person meetings whenever possible.
Effective Saturday, November 14, 2020 at 10:00 p.m.:
Failure to comply with this provision may result in referral to the Office of the Attorney General for enforcement.
This Addendum 8 to the Amended and Restated Executive Order shall take effect as of Friday, November 13, 2020 and shall continue in full force and effect until midnight on December 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend the Executive Order.
Dated November 20, 2020
ADDENDUM 9 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Extension of State of Emergency Declared March 13, 2020]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus (“COVID-19”), and then to implement measures to keep Vermonters healthy and safe; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and State officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of December 14, 2020, the State has experienced 5,857 cases and 96 deaths which are COVID-19 related; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and
WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor undertook a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, despite months of success, statewide there was an acceleration in COVID-19 transmission in November 2020; and
WHEREAS, Vermonters must come together as we have before in this crisis, to do our part to protect the very ill and elderly, ensure those who experience the most severe symptoms have access to the care they need, and keep our schools and economy open, by preventing and slowing the spread of this virus; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Friday, January 15, 2021.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Friday, January 15, 2021.
IT IS FURTHER ORDERED:
Except as modified herein, the Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on January 15, 2021, at which time the Governor, in consultation with VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.
This Addendum 9 to the Amended and Restated Executive Order shall take effect upon execution and shall continue in full force and effect until midnight on January 15, 2021, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend the Executive Order.
Dated December 15, 2020
ADDENDUM 10 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Extension of State of Emergency Declared March 13, 2020]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus (“COVID-19”) and then to implement measures to keep Vermonters healthy and safe; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and State officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of January 14, 2021, the State has experienced 9,573 cases (an increase of over 3,700 cases in a one-month period), and 164 deaths (68 additional deaths in a one-month period) which are COVID-19 related; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and
WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor undertook a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, despite months of success over the summer and into the fall of 2020 for Vermont, statewide, in the Northeast and across the nation there has been an acceleration in COVID-19 cases, leading to more hospitalization and fatalities; and
WHEREAS, Vermonters must come together as we have before in this crisis, to do our part to protect the very ill and elderly, ensure those who experience the most severe symptoms have access to the care they need, and keep our schools and economy open, by preventing and slowing the spread of this virus; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Monday, February 15, 2021.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Monday, February 15, 2021.
IT IS FURTHER ORDERED:
Except as modified herein, the Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on February 15, 2021, at which time the Governor, in consultation with VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.
This Addendum 10 to the Amended and Restated Executive Order shall take effect upon execution and shall continue in full force and effect until midnight on February 15, 2021, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend the Executive Order.
Dated January 15, 2021
ADDENDUM 11 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Extension of State of Emergency Declared March 13, 2020]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus (“COVID-19”) and then to implement measures to keep Vermonters healthy and safe; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and State officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of February 14, 2021, the State has experienced 13,862 cases (an increase of over 4,200 cases in a one-month period), and 190 deaths (26 additional deaths in a one-month period) which are COVID-19 related; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and
WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor undertook a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, while the Governor is optimistic that the COVID-19 vaccine in Vermont will eventually bring much needed relief, the roll-out of the vaccine will be a methodical, deliberate process designed to protect the Vermonters most vulnerable to severe illness or death from COVID; and
WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, National Guard resources standing by to assist with the COVID-19 response, workplace health and safety requirements, public gathering limitations, a mandate for facial coverings, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability, moratoria on evictions and utility service disconnection, and federal emergency funding; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Monday, March 15, 2021.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Monday, March 15, 2021.
IT IS FURTHER ORDERED:
Except as modified herein, the Executive Order, as Amended and Restated June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on March 15, 2021, at which time the Governor, in consultation with VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.
This Addendum 11 to the Amended and Restated Executive Order shall take effect upon execution and shall continue in full force and effect until midnight on March 15, 2021, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend the Executive Order.
Dated February 15, 2021
ADDENDUM 12 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Extension of State of Emergency Declared March 13, 2020]
WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus (“COVID-19”) and then to implement measures to keep Vermonters healthy and safe; and
WHEREAS, the United States Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, which was renewed effective January 21, 2021 for 90 days and, as advised in a letter to the Governor dated January 22, 2021 from the Acting Secretary of HHS, will likely remain in place for the entirety of 2021; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response, mitigation and, most recently, vaccination efforts and share information with local and State officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of March 14, 2021, the State has experienced 16,890 cases, and tragically surpassed 200 deaths which are COVID-19 related; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on February 24, 2021, President Biden provided notice to the United States Congress that the national emergency declaration for the COVID-19 pandemic, originally issued by former President Trump on March 13, 2020, will continue in effect beyond March 1, 2021; and
WHEREAS, following the issuance of the Executive Order, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in the COVID-19 health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken at that time, the number of COVID-19 cases and COVID-19 related deaths in the State would have had a much more devastating effect on Vermonters and threatened to overwhelm the capacity of the Vermont health care system; and
WHEREAS, beginning in April 2020, the Governor undertook a cautious, measured and data- based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, the mitigation measures taken in 2020, including mandatory mask-wearing among other mandatory health and safety protocols, substantial federal financial aid, food distribution and emergency housing, prepared Vermonters, our healthcare institutions and our schools for the spike in COVID-19 cases in late fall and early winter to such an extent Vermont was able to avoid a substantial roll-back of Vermont’s economic restart efforts; and
WHEREAS, the COVID-19 vaccine in Vermont is bringing much needed relief and, together with federal efforts, the Governor is proceeding to roll out vaccine delivery in a methodical, deliberate process designed to protect the Vermonters most vulnerable to severe illness or death from COVID, as well as return our children to school full-time as quickly as possible; and
WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including robust vaccine implementation, protections for residents of long term and other medical care facilities, National Guard resources standing by to assist with the COVID-19 response, workplace health and safety requirements, public gathering limitations, a mandate for facial coverings, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability, enhanced protections to prevent evictions and utility service disconnection and access to federal emergency funding; and
WHEREAS, the Governor has determined to ease restrictions on access to a junior operator’s license by Vermont’s young drivers who were unable to obtain a learner’s permit during the period of March through June 2020, while maintaining roadway safety for the public; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Thursday, April 15, 2021.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Thursday, April 15, 2021.
IT IS FURTHER ORDERED:
1. Except as modified herein, the Executive Order, as Amended and Restated June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on April 15, 2021, at which time the Governor, in consultation with VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.
2. Junior Operator’s Licenses. Effective March 13, 2021, the Commissioner of the Department of Motor Vehicles is hereby directed to issue a junior operator’s license to any individual who was eligible but unable to obtain a learner’s permit from March 13, 2020 through June 30, 2020 due to the COVID-19 emergency, but otherwise complies with the requirements of 23 V.S.A. § 607. For the sake of clarity, an individual must have held a learner’s permit for at least 8 consecutive months between the period March 13, 2020-March 13, 2021 before being issued a junior operator’s license in accordance with this provision.
This Addendum 12 to the Amended and Restated Executive Order shall take effect upon execution and shall continue in full force and effect until midnight on April 15, 2021, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend the Executive Order.
Dated March 15, 2021
ADDENDUM 13 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Extended Expansion of Unemployment Benefits and Employer Contribution Relief]
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency (“Executive Order”), as amended and restated June 15, 2020 (“Amended and Restated Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Governor, in consultation with the Vermont Department of Health (VDH), Department of Public Safety/Division of Emergency Management (DPS), the Vermont Agency of Human Services (AHS) and the Agency of Education (AoE), initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended, to, among other things, direct the Commissioner of the Department of Labor to extend unemployment insurance to those Vermonters following the instructions of their health care providers to self-isolate or quarantine; to remove the work search requirement for those workers affected by temporary closure of a business; to temporarily suspend any mechanisms that would delay the release of funds to claimants; and to relieve employers of charges for benefits paid to an individual for reasons related to COVID-19 for the duration of the Emergency Declaration; and
WHEREAS, in 2020 the COVID-19 pandemic rendered thousands of Vermonters jobless through no fault of their own, when they were laid off because their employers were forced to close their doors or severely restrict the services they could offer to the public; and
WHEREAS, other Vermonters were forced to leave employment to care for children or family members who could no longer attend school, day care, or other services or who were ill or under quarantine; and
WHEREAS, many Vermont employers lost significant income or revenue because they were limited in their capacity to serve the general public or open their doors in an effort to slow the spread of COVID-19; and
WHEREAS, in 2020 Acts and Resolves No. 91 (the “Act”), Section 30, the General Assembly reiterated the Governor’s policies of ensuring unemployment insurance for those Vermonters who temporarily or permanently lost their jobs due to COVID-19, and relief for employers from charges for benefits paid to an individual for circumstances related to COVID-19, however the Act did not fully contemplate the duration of the pandemic or the severity of its economic consequences; and
WHEREAS, the Act’s COVID-19 emergency provisions expire March 31, 2021; and
WHEREAS, the Act conferred on the Commissioner of Labor the authority to extend benefit charge relief to employers as appropriate in light of the terms of any emergency order issued by the Governor and any other relevant conditions or factors.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11, 21 V.S.A. § 1325(a)(3)(C) and other laws, do hereby order and direct the Commissioner of Labor to extend unemployment benefits and benefit charge relief as follows:
(1) Effective March 31, 2021, the emergency provisions of 21 V.S.A. §§ 1325(a)(1)(G), (H) and 21 V.S.A. § 1325(a)(3), shall be extended to provide unemployment benefit charge relief to employers for employees who separate from employment for a COVID-19 qualifying reason, as appropriate in light of the terms of this Order and any other relevant conditions or factors.
(2) Effective March 31, 2021, the emergency provisions of 21 V.S.A. § 1344(a)(2)(A), shall be extended to provide unemployment benefits to individuals who are forced to leave their employment for a COVID-19 qualifying reason.
This Addendum 13 to the Amended and Restated Executive Order shall take effect upon execution and shall continue in full force and effect until midnight on April 15, 2021, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend the Executive Order.
Dated April 1, 2021
ADDENDUM 14 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Extension of State of Emergency Declared March 13, 2020
WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus (“COVID-19”) and then to implement measures to keep Vermonters healthy and safe; and
WHEREAS, the United States Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, which was renewed effective January 21, 2021 for 90 days and, as advised in a letter to the Governor dated January 22, 2021 from the Acting Secretary of HHS, will likely remain in place for the entirety of 2021; and
WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and
WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response, mitigation and, most recently, vaccination efforts and share information with local and State officials; and
WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of March 14, 2021, the State has experienced 16,890 cases, and tragically surpassed 200 deaths which are COVID-19 related; and
WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on February 24, 2021, President Biden provided notice to the United States Congress that the national emergency declaration for the COVID-19 pandemic, originally issued by former President Trump on March 13, 2020, will continue in effect beyond March 1, 2021; and
WHEREAS, following the issuance of the Executive Order, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in the COVID-19 health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken at that time, the number of COVID-19 cases and COVID-19 related deaths in the State would have had a much more devastating effect on Vermonters and threatened to overwhelm the capacity of the Vermont health care system; and
WHEREAS, beginning in April 2020, the Governor undertook a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, the mitigation measures taken in 2020, including mandatory mask-wearing among other mandatory health and safety protocols, substantial federal financial aid, food distribution and emergency housing, prepared Vermonters, our healthcare institutions and our schools for the spike in COVID-19 cases in late fall and early winter to such an extent Vermont was able to avoid a substantial roll-back of Vermont’s economic restart efforts; and
WHEREAS, the COVID-19 vaccine in Vermont is bringing much needed relief and, together with federal efforts, the Governor is proceeding to roll out vaccine delivery in a methodical, deliberate process designed to protect the Vermonters most vulnerable to severe illness or death from COVID, as well as return our children to school full-time as quickly as possible; and
WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including robust vaccine implementation, protections for residents of long term and other medical care facilities, National Guard resources standing by to assist with the COVID-19 response, workplace health and safety requirements, public gathering limitations, a mandate for facial coverings, expanded housing and meal delivery systems and associated federal emergency funding, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability and enhanced protections to prevent evictions and utility service disconnection; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Saturday, May 15, 2021.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Saturday, May 15, 2021.
IT IS FURTHER ORDERED:
1. Except as modified herein, the Executive Order, as Amended and Restated June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2021, at which time the Governor, in consultation with VDH and DPS shall assess the emergency and associated recovery measures and determine whether to amend or extend the State of Emergency.
This Addendum 14 to the Amended and Restated Executive Order shall take effect upon execution and shall continue in full force and effect until midnight on May 15, 2021, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and associated recovery measures and determine whether to amend or extend the Executive Order.
Dated April 15, 2021
ADDENDUM 15 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20
[Use of Facial Coverings and Temporary Restrictions on Hours of Operation]
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency (“Executive Order”), as amended and restated June 15, 2020 (“Amended and Restated Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, all states in the region, including Vermont, have experienced community transmission of COVID-19 which has led to hundreds of thousands of cases and thousands of deaths within a five hour drive of Vermont’s borders; and
WHEREAS, the Governor, in consultation with the Vermont Department of Health (VDH), has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this health emergency including issuing the Executive Order, as amended and restated, and Directives issued pursuant to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, beginning in April 2020, the Governor undertook a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities to protect the most vulnerable, while reopening business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, in connection with the Governor’s cautious, measured and data-based approach to restarting Vermont’s economy in a safe and effective way, on April 20, 2020, the Governor issued Addendum 10 to the Executive Order that established health and safety requirements to be followed by all employers and employees, including mandatory facial coverings for employees when in the presence of others, and strongly encouraged all Vermonters to wear facial coverings when in the presence of others; and
WHEREAS, on May 1, 2020 the Governor issued Addendum 12 to the Executive Order that required facial coverings on public transit conveyances, including ride services, and in mass transportation facilities; and
WHEREAS, on June 15, 2020, the Governor issued an Amended and Restated Executive Order which reiterated existing mask policies and recommended Vermonters use facial coverings when in contact with individuals from outside their household, and especially when maintaining a physical distance of six feet was not possible; and
WHEREAS, on July 24, 2020, in anticipation of colder weather, more frequent indoor gatherings and the coming flu season, the Governor issued Addendum 2 to the Amended and Restated Executive Order directing all Vermonters to wear masks or cloth facial coverings over their nose and mouth in most instances when they are in public spaces, and in contact with others from outside their households; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken by the Governor, the number of COVID-19 hospitalizations and COVID-19 related deaths in the State would have had a much more devastating effect on Vermonters and threatened to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the mitigation measures taken in 2020, including significant testing and contact tracing capacity, mask-wearing and other health and safety protocols, substantial federal financial aid, food distribution and emergency housing, prepared Vermonters, healthcare institutions and schools for the spike in COVID-19 cases in late fall and early winter to such an extent Vermont was able to avoid a substantial roll-back of Vermont’s ongoing restart efforts; and
WHEREAS, thanks to the initiation of Vermont’s nation-leading vaccination program and continued adherence by Vermonters to the State’s safety measures and substantial uptake of vaccine, Vermont is now seeing significant decreases in its rate of hospitalizations and deaths; and
WHEREAS, this trend has allowed the Agency of Commerce and Community Development (ACCD), in consultation with VDH, with the approval of the Governor, to release the Vermont Forward Roadmap to Reopening: Phased Reopening Plan (“Vermont Forward”), to relieve restrictions on the operations of businesses and non-profit and government entities as certain vaccination goals are met; and
WHEREAS, the CDC has recently acknowledged, and the science and data strongly indicate that, transmission of COVID-19 in outdoor settings is very rare, the Governor, in consultation with VDH, the Department of Financial Regulation and the Department of Public Safety, has determined that the data and conditions in Vermont support further reducing restrictions on all Vermonters when outside.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, Chapter II, Section 20 and under 20 V.S.A. §§ 8, 9 and 11, hereby order the amendment of the Amended and Restated Executive Order as follows:
1. Rescission of Addendum. Addendum 2 to the Amended and Restated Executive Order is hereby rescinded.
2. Mask Use. Section 7(f) of the Amended and Restated Executive Order regarding Mask Use is hereby amended in its entirety to read as follows:
(f) Masks or Cloth Facial Coverings.
As of Friday, April 30, 2021, Vermonters are no longer required to wear face coverings over nose and mouth when they are in outdoor public spaces, provided sustained or prolonged close contact with individuals from outside their household can be avoided.
For clarity, “sustained or prolonged contact” is defined as more than several minutes. “Close contact” is defined as being less than six-feet from an individual from outside your household. For example, masking would not be required when passing someone on the sidewalk or at an outdoor market. Put another way, when you are outdoors, masks are only required when you are in a crowd or with multiple other households where you cannot avoid close contact.
The Commissioner of VDH, with the approval of the Governor, is hereby delegated the authority to implement and update guidance regarding the use of masks or cloth facial coverings required indoors or outdoors in public.
Nothing in this Order or any other State health and safety guidance shall require the use of a mask or cloth facial covering when someone is engaged in strenuous exercise or activity, for anyone under the age of 2, any child or adult with a medical or developmental issue or challenge that is complicated or irritated by a facial covering, anyone with difficulty breathing or as further set forth in guidance issued by VDH. A person who declines to wear a mask or cloth face covering because of a medical or developmental issue, or difficulty breathing, shall not be required to produce documentation, or other evidence, verifying the condition.
Businesses and non-profit and government entities shall continue to implement measures notifying customers or clients of the requirement to wear masks or facial coverings in public indoor spaces. This notice may include, but shall not be limited to, posting signage stating that masks or cloth facial coverings are required and denial of entry or service to customers or clients who decline to wear masks or facial coverings.
For the sake of clarity, the requirements for masks or facial coverings or permitted alternatives in specific circumstances shall continue to apply as set forth in the following guidance:
• Vermont Forward, permitting limited alternatives to face masks in limited workplace settings, as well as some flexibility on use of masks or facial coverings in other circumstances, such as when eating in a restaurant;
• A Strong and Healthy Year: Safety and Health Guidance for Vermont Schools, Spring 2021 issued by the Secretary of the Agency of Education (AoE);
• Health Guidance for Childcare and School Age Camps/Care issued by the VDH, AoE and the Department for Children and Families;
• Guidance to Healthcare Providers issued by the VDH; and
• Other as set by a designated Secretary or Commissioner, with the approval of the Governor.
The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein. Businesses may also enact more strict requirements regarding mask use than those set forth herein.
To support further relaxation of restrictions, and a return to normal operations and full mobility, municipalities and businesses should encourage all residents, employees and customers to be vaccinated at the earliest opportunity.
3. Temporary Limitations on Business Operations and Social Gatherings. Notwithstanding anything to the contrary in the Vermont Forward plan, restaurants, catering, food service, social clubs and bars must cease service at 10:00 pm each night, until the Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, lifts this restriction.
4. Unemployment Insurance; Work Search. Effective May 9, 2021, Section 5(a) of the Amended and Restated Executive Order is hereby modified to direct the Commissioner of the Department of Labor to reinstitute the work search requirement for all workers seeking unemployment benefits.
This Addendum 15 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on May 15, 2021, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.
Dated April 30, 2021
ADDENDUM 16 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 01-20
[Extension of State of Emergency Declared March 13, 2020; and Use of Facial Coverings]
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency (“Executive Order”), as amended and restated June 15, 2020 (“Amended and Restated Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, all states in the region, including Vermont, have experienced community transmission of COVID-19 which led to hundreds of thousands of cases and thousands of deaths within a five hour drive of Vermont’s borders; and
WHEREAS, the Governor, in consultation with the Vermont Department of Health (VDH), has initiated sustained efforts to protect property and public health, and to ensure public safety in this health emergency including issuing the Executive Order, as amended and restated, and Directives issued pursuant to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and
WHEREAS, beginning in April 2020, the Governor undertook a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities to protect the most vulnerable, while reopening business, non-profit, government and recreation sectors in a safe and effective way; and
WHEREAS, in connection with the Governor’s cautious, measured and data-based approach to restarting Vermont’s economy in a safe and effective way, on April 20, 2020, the Governor issued Addendum 10 to the Executive Order that established health and safety requirements to be followed by all employers and employees, including mandatory facial coverings for employees when in the presence of others, and strongly encouraged all Vermonters to wear facial coverings when in the presence of others; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken by the Governor, the number of COVID-19 hospitalizations and COVID-19 related deaths in the State would have had a much more devastating effect on Vermonters and threatened to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the mitigation measures taken in 2020 and 2021, including significant testing and contact tracing capacity, mask-wearing and other health and safety protocols, substantial federal financial aid, food distribution and emergency housing, prepared Vermonters, healthcare institutions and schools for the spike in COVID-19 cases in late fall and early winter to such an extent Vermont was able to avoid a substantial roll-back of Vermont’s ongoing restart efforts; and
WHEREAS, thanks to the initiation of Vermont’s nation-leading vaccination program and continued adherence by Vermonters to the State’s safety measures and substantial uptake of vaccine, Vermont is now seeing significant decreases in its rate of hospitalizations and deaths; and
WHEREAS, this trend has allowed the Agency of Commerce and Community Development (ACCD), in consultation with VDH, with the approval of the Governor, to release the Vermont Forward Roadmap to Reopening: Phased Reopening Plan (“Vermont Forward”), to relieve restrictions on the operations of businesses and non-profit and government entities as certain vaccination goals are met; and
WHEREAS, the CDC has recently issued new guidance, based on the science and data, that COVID-19 vaccines are highly effective at preventing COVID-19 infections and, in the very rare instances where a fully vaccinated person contracts the virus, that fully vaccinated person has a far less severe, often asymptomatic, case and there is low risk of transmitting COVID-19 to unvaccinated people; and
WHEREAS, in light of this updated CDC guidance the Governor, in consultation with VDH and the Department of Public Safety, has determined that the data and conditions in Vermont support removing facial covering requirements for fully vaccinated people in most situations; and
WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, licensing and regulatory flexibility needed to facilitate the medical response, health and safety requirements, expanded housing and meal delivery systems, moratoria on evictions and water and sewer service disconnection, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability, and federal emergency funding; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and the Department of Public Safety, based on the best science and data available, to extend the State of Emergency for the State of Vermont, effective Saturday May 15, 2021 through Tuesday, June 15, 2021.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare, effective Saturday May 15, 2021, the State of Emergency for the State of Vermont shall be extended through midnight on Tuesday, June 15, 2021.
IT IS FURTHER ORDERED:
1. Effective May 15, 2021, the Executive Order, as Amended and Restated June 5, 2020, and all amendments, Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on June 15, 2021, at which time the Governor, in consultation with VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.
2. Mask Use. Section 7(f) of the Amended and Restated Executive Order regarding Mask Use is hereby amended in its entirety to read as follows:
(f) Masks or Cloth Facial Coverings.
(i) Fully Vaccinated People. Effective immediately, fully vaccinated people can resume activities without wearing a face covering over nose and mouth or physically distancing, except where required by federal, State or local laws, rules, and regulations, including local business and workplace guidance.
For the purposes of this section, people are considered fully vaccinated for COVID-19 two weeks after they have received the second dose in a series of the Pfizer or Moderna vaccine, or 2 weeks after they have received a single-dose of the Johnson and Johnson vaccine.
(ii) Unvaccinated People. Unvaccinated people are not required to wear face coverings over nose and mouth when they are in outdoor public spaces, provided sustained or prolonged close contact with other unvaccinated people from outside their household can be avoided.
For the purposes of this section, people of all ages, including children, are considered unvaccinated when they have not completed a vaccination series.
For clarity, “sustained or prolonged contact” is defined as more than several minutes. “Close contact” is defined as being less than six feet from an individual from outside your household. For example, masking would not be required when passing someone on the sidewalk or at an outdoor market. Put another way, when you are outdoors, masks are only required when you are in a crowd or with multiple other households where you cannot avoid close contact.
The Commissioner of VDH, with the approval of the Governor, is hereby delegated the authority to implement and update guidance required for unvaccinated people regarding the use of masks or cloth facial coverings indoors or outdoors in in public.
Nothing in this Order or any other State health and safety guidance shall require the use of a mask or cloth facial covering by any person when someone is engaged in strenuous exercise or activity, for anyone under the age of 2, any child or adult with a medical or developmental issue or challenge that is complicated or irritated by a facial covering, anyone with difficulty breathing or as further set forth in guidance issued by VDH. A person who declines to wear a mask or cloth face covering because of a medical or developmental issue, or difficulty breathing, shall not be required to produce documentation, or other evidence, verifying the condition.
Businesses and non-profit and government entities shall continue to implement measures notifying unvaccinated customers or clients of the requirement to wear masks or facial coverings in public indoor spaces. This notice may include, but shall not be limited to, posting signage stating that masks or cloth facial coverings are required and denial of entry or service to customers or clients who decline to wear masks or facial coverings.
For the sake of clarity, the requirements for masks or facial coverings or permitted alternatives in specific circumstances shall continue to apply as set forth in the following guidance:
• Vermont Forward, permitting limited alternatives to face masks in limited workplace settings, as well as some flexibility on use of masks or facial coverings in other circumstances, such as when eating in a restaurant;
• A Strong and Healthy Year: Safety and Health Guidance for Vermont Schools, Spring 2021 issued by the Secretary of the Agency of Education (AoE);
• Health Guidance for Childcare and School Age Camps/Care issued by the VDH, AoE and the Department for Children and Families;
• Guidance to Healthcare Providers issued by the VDH; and
• Other as set by a designated Secretary or Commissioner, with the approval of the Governor.
The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein. Businesses may also enact more strict requirements regarding mask use than those set forth herein.
To support further relaxation of restrictions, and a return to normal operations and full mobility, municipalities and businesses should encourage all residents, employees and customers to be vaccinated at the earliest opportunity.
This Addendum 16 to the Amended and Restated Executive Order shall take effect upon signing. Effective May 15, 2021, the Amended and Restated Executive Order shall continue in full force and effect until midnight on June 15, 2021, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend the Amended and Restated Executive Order, including the Addenda and Directives thereto.
Dated May 14, 2021
GUBERNATORIAL DIRECTIVE TO ALL SCHOOL BOARDS AND SUPERINTENDENTS
DIRECTIVE 1 — CONTINUITY OF EDUCATION PLANNING
WHEREAS, on Friday, March 13, 2020, the Governor issued an Executive Order declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of Health and the Secretary of Education, to proceed with an orderly dismissal of schools in Vermont to support both the State’s response to COVID-19 and the needs of children and families across Vermont; and
WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health and is expected to help prevent and reduce the spread of COVID-19.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby direct the governing bodies of all public and independent schools as follows:
1. All public schools and independent schools shall be dismissed, and all school related activities shall be cancelled, no later than Wednesday, March 18, 2020.
2. No student shall be required to be in school Monday, March 16, 2020 or Tuesday, March 17, 2020, if necessary, to address the concerns of parents or guardians in response to COVID-19.
3. In order to meet the needs of students and prepare for the potential for an extended dismissal, each school district and independent school must develop a Continuity of Education Plan that includes, at a minimum:
a. Meal service for those students who need it;
b. Continued services for children with disabilities and special needs;
c. District-based options, developed in collaboration with the State, that meet the childcare needs of healthcare workers and other Vermonters essential to the response (such as doctors, nurses, healthcare technicians, emergency medical service providers, fire service, law enforcement officers, emergency management officials and National Guard personnel);
d. Systems for ensuring maintenance of education for students, such as educational materials and assignments, when schools are dismissed Tuesday; and
e. Developing a remote learning plan that ensures continuity of education if schools are dismissed for an extended period.
4. School districts with Continuity of Education Plans in place that meet these directives may elect to close before Wednesday, March 18, 2020. All schools shall be closed for instruction at the end of the school day on Tuesday.
5. All schools shall remain operational for administrators, teachers and staff to sustain essential services and to plan and implement continuity of education through remote learning.
6. All school administrators, teachers and staff shall follow guidance issued by the Department of Health to ensure a healthy workplace.
7. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.
8. The Secretary of Education shall oversee the implementation of this Directive and I hereby delegate to the Secretary of Education such authority as may be necessary for this implementation. All local school officials and governing bodies shall consult with and abide by the direction of the Secretary of Education with respect to compliance with this Directive. School officials shall work with and assist the Agency of Education as directed by the Secretary of Education.
This Directive shall take effect upon signing and shall continue in full force and effect until April 6, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Department of Public Safety/Division of Emergency Management and the Agency of Education shall assess the emergency and determine whether to amend or extend this Directive.
Dated March 15, 2020
GUBERNATORIAL DIRECTIVE TO ALL SCHOOL BOARDS, SUPERINTENDENTS, AND CHILD CARE PROGRAMS
DIRECTIVE 2 — PROVISION OF SERVICES TO CHILDREN OF ESSENTIAL PERSONS DURING CLOSURE PERIOD IN RESPONSE TO COVID-19
WHEREAS, on Friday, March 13, 2020, the Governor issued an Executive Order declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on Sunday, March 15, 2020, the Governor issued a Directive to all school boards and superintendents dismissing schools from March 18, 2020 through April 6, 2020 (“Closure Period”) and regarding Continuity of Education Planning, which Directive remains in full force and effect except as amended herein; and
WHEREAS, that Directive delegated authority to the Secretary of the Agency of Education (“Education Secretary”) to oversee its implementation, including with respect to provision of care for children of Essential Persons, defined below, during the Closure Period; and
WHEREAS, provision of services for the children of Essential Persons from 0 through grade 8 during the Closure Period is necessary to support the State of Vermont in its response to COVID-19 and the needs of children and families of Essential Persons across Vermont; and
WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health and is expected to help provide the necessary care and services to prevent and reduce the spread of COVID-19.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby direct as follows:
1. Except as set forth below, all state regulated child care programs shall be closed no later than Wednesday, March 18, 2020 through April 6, 2020 (“Closure Period”).
2 I hereby amend my Directive to the Education Secretary of March 15, 2020 as set forth below regarding provision of care for students who are children of Essential Persons, as defined below.
3. Provision of services for children of Essential Persons: With respect to provision of services for children of Essential Persons, this Directive provides emergency operating guidelines and applies to all schools under the authority of the Education Secretary for pre-K through grade 8 and all state-licensed child care programs. I encourage other private child care programs, private schools and independent schools to do their utmost to fulfill the spirit and guidance of this Directive.
4. Essential Persons are those absolutely critical to the State’s response to COVID-19 and continued public health and safety. Specifically, “Essential Persons” are defined as staff and providers of child care and education services (including custodial and kitchen staff and other support staff) for children of other Essential Persons, including custodial and kitchen staff; providers of healthcare including but not limited to workers at clinics, hospitals, Federally Qualified Health Centers (FQHCs); nursing homes, long-term care and post-acute care facilities, respite houses, VNAs; designated agencies, emergency medical services; criminal justice personnel including those in law enforcement, courts, and correctional services; public health employees; firefighters; Vermont National Guard personnel called to duty for this response; other first responders; and state employees determined to be essential for response to this crisis by the State Emergency Operations Center.
5. Every child care program, school and school district has different circumstances and needs. However, the State will do everything possible to provide overarching guidance through Vermont Department of Health (“VDH”), Vermont Agency of Education (“VAOE”), Vermont Department of Children and Families, Child Development Division (“DCF” and “CDD”) on approaches to operating during the Closure Period for services to children of Essential Persons, including hygiene and social distancing within schools and facilities as directed by VDH.
6. With respect to schools under the authority of the Education Secretary, the Education Secretary shall ensure that:
a. School employees are to report to work in accordance with applicable labor agreements and as required by their employers to assist with providing services to children of Essential Persons and Continuity of Education Planning as previously directed.
b. During the Closure Period, schools are directed to provide care to, at a minimum, students through grade 8 who are children of Essential Persons. In providing this care, schools must practice hygiene and social distancing best practices as set forth by VDH guidance.
c. Districts plan for and provide as resources allow extended care — before and after normal school hours and days — to students who are children of Essential Persons, recognizing that COVID-19 response may require extended working hours by our Essential Persons.
d. Schools providing pre-K services under Act 166 continue to receive funding allocated to them during the Closure Period and all schools shall continue to receive State Education Fund allocations for enrolled students, regardless of actual daily attendance, throughout the Closure Period.
e. Schools and school districts, in cooperation with state agencies, work to support families most impacted by this crisis, including, but not limited to, low-income families. During the Closure Period, school districts are expected to work with their schools and communities to continue to provide meals to their students, utilizing the Education Secretary’s authority to assist with necessary waivers and to provide additional guidance on meal continuity.
f. Planning occurs to provide additional funding as may be needed to schools to ensure continuity of services to children of Essential Persons during the Closure Period.
g. Districts are encouraged to utilize facilities to minimize the total number of children and staff in any one facility.
7. With respect to child care programs, the Secretary of the Agency of Human Services (“Human Services Secretary”) shall oversee the implementation of this Directive and I hereby delegate to the Human Services Secretary such authority as may be necessary for this implementation in accordance with the below:
a. During the Closure Period, state-licensed child care programs are asked to provide care to, at a minimum, their own enrollees who are children of Essential Persons. In providing this care, child care centers must practice hygiene and social distancing best practices as set forth by VDH.
b. State-licensed child care centers are encouraged to also provide extended care — before and after normal operating hours — to enrollees who are children of Essential Persons and to work with CDD to provide care for those not presently enrollees in their facilities who are children of Essential Persons.
c. Our licensing office of CDD will work with licensed child care centers to use best judgment to waive to the fullest extent possible all relevant licensing rules in order to permit child care centers to serve children of Essential Persons during the Closure Period.
d. During the Closure Period, the State shall continue to provide current levels of tuition payments on behalf of eligible families to: (a) all child care programs serving CCFAP-eligible children; and (b) child care programs and schools providing services under Act 166 for pre-K students.
e. CDD shall have authority, using its best judgment, to waive to the fullest extent possible all relevant licensing rules and regulations, including penalties, in order to permit licensed child care programs to serve children of Essential Persons during the Closure Period.
f. The Human Services Secretary shall develop options for additional per-child-served funding to all child care centers that serve children of Essential Persons during the Closure Period.
8. To support child care centers in staying open, supporting their employees, and remaining in business during this emergency and afterward, all State Agencies shall collaborate and align resources as directed by the Human Services Secretary, in consultation with the Governor, to support child care providers in accordance with this Directive.
9. State Agencies shall collaborate on continuity of mental health services to children and their families during the Closure Period, as directed by the Human Services Secretary, in consultation with the Governor.
10. All child care providers, school administrators, teachers and staff shall follow guidance issued by the Department of Health to ensure a healthy workplace during the Closure Period.
11. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.
This Directive shall take effect upon signing and shall continue in full force and effect until April 6, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management, and the Agency of Education shall assess the emergency and determine whether to amend or extend this Directive.
Dated March 17, 2020
GUBERNATORIAL DIRECTIVE TO THE DEPARTMENT OF MOTOR VEHICLES
DIRECTIVE 3 — DEPARTMENT OF MOTOR VEHICLES SUSPENSION OF IN-PERSON TRANSACTIONS
WHEREAS, on Friday, March 13, 2020, the Governor issued an Executive Order declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, since that time, many additional cases of COVID-19 have been tested as presumptively positive in the State; and
WHEREAS, the Governor and the Department of Health have been very clear that social distancing measures are essential in order to curb the rapid spread of COVID-19 and minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities; and
WHEREAS, the Governor, in consultation with the Commissioner of the Department of Health and the Commissioner of the Department of Motor Vehicles (“DMV”), has determined that consistent with current guidance it is essential to restrict in-person visits to the DMV district offices; and
WHEREAS, on Monday, March 16, 2020, the Governor announced that the Department of Motor Vehicles (“DMV”) will be extending license and registration renewals for 90 days beyond their effective expiration date beginning March 13, 2020 in order to limit in-person visits to the DMV district offices; and
WHEREAS, as of the close of business on Thursday, March 19, 2020, DMV shall provide online, mail and phone services, and suspend all in-person transactions; and
WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health and is expected to help prevent and reduce the spread of COVID-19.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby direct the Department of Motor Vehicles as follows:
1. DMV services shall be provided online, by mail or phone, and all in-person transactions shall be suspended for the period of the State of Emergency.
2 In order to meet the needs of DMV customers, the Commissioner of the DMV shall develop a Continuity of DMV Services Plan that includes, at a minimum:
a. Effective March 13, 2020, license and registration renewals shall be extended for 90 days beyond their effective expiration date.
b. All license and non-driver ID renewal applications shall be processed by mail or on-line, so long as the applicant photographs that would otherwise be non-compliant with state law, shall be compliant with the federal government’s REAL ID Act.
c. Registrations and filings for the International Registration plan (IRP) and the International Fuel Tax Agreement (IFTA) shall be extended for 90 days beyond their effective expiration date.
d. Temporary registration certificates and number plates shall be valid for 90 days.
e. Driver permits or license examinations postponed shall be scheduled within a reasonable period of time following the termination of the state of emergency.
f. “Lemon law” complaints received during the state of emergency period or complaints which were pending at the commencement of the state of emergency which may need to be postponed shall be heard within a reasonable period of time following the termination of the state of emergency.
3. The Commissioner of Motor vehicles shall develop such policies and procedures necessary to facilitate the processing of registrations, renewals, transfer registrations and other services by mail, phone and on-line and address the concerns of DMV customers.
4. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.
5. The Commissioner of the Department of Motor Vehicles shall oversee the implementation of this Directive.
This Directive shall take effect upon signing and shall continue in full force and effect until April 6, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Department of Public Safety/Division of Emergency Management and the Department of Motor Vehicles shall assess the emergency and determine whether to amend or extend this Directive.
Dated March 18, 2020
AMENDMENT TO GOVERNOR’S DIRECTIVE 3 TO THE DEPARTMENT OF MOTOR VEHICLES
WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced almost 1,000 cases and over 50 related deaths; and
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, the Executive Order expressly recognized the critical need to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities and directed the Commissioner of the Department of Motor Vehicles (DMV) to develop a plan to extend DMV licensing and registration renewal deadlines and other statutory and regulatory DMV requirements to mitigate contagion risk by reducing customer traffic throughout all DMV district offices; and
WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the VDH, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness, including, among numerous other measures, suspension of all in-person transactions at the DMV; and
WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and
WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy and continues to do so with the limited reopening of in-person operations at the DMV.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby modify Directive 3 to the DMV issued March 18, 2020 to authorize the Commissioner of DMV to resume limited in-person DMV transactions, including the resumption of driver’s license examinations, but only in accordance with appropriate occupancy limits and physical distancing, health and sanitation and training measures, subject to the approval of the Governor.
1. Continuity of DMV Services Plan. In order to meet the needs of DMV customers, the Commissioner of the DMV shall modify the COVID-19 related Continuity of DMV Services Plan to allow for the implementation of an incremental phased and evidence-based approach to resumption of DMV operations. The Commissioner DMV shall develop such policies and procedures necessary to facilitate the continued processing of registrations, renewals, transfer registrations and other services to the extent possible by mail, phone and on-line and undertake the measures needed to safely resume in-person services as needed to safely, effectively and efficiently address the concerns of DMV customers.
2. Commissioner Authority. The Commissioner of DMV shall oversee the implementation of this Directive, as amended.
This Directive, as amended, shall take effect upon signing and shall continue in full force and effect until June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Department of Public Safety/Division of Emergency Management and the Department of Motor Vehicles shall assess the emergency and determine whether to amend or extend this Directive, as amended.
Dated June 1, 2020
GUBERNATORIAL DIRECTIVE TO THE BOARD AND COMMISSIONER OF THE DEPARTMENT OF LIQUOR AND LOTTERY
DIRECTIVE 4 —REGULATORY AMENDMENTS
Amended March 20, 2020WHEREAS, on Friday, March 13, 2020, the Governor issued an Executive Order declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, since that time, many additional cases of COVID-19 have been tested as presumptively positive in the State; and
WHEREAS, on Monday, March 16, the Governor imposed additional social distancing measures in order to mitigate the spread of COVID-19 including the prohibition of on-premises consumption of food or drink at any restaurant, bar, or establishment that offers food or drink, effective Tuesday, March 17, 2020 at 2:00 p.m. and continuing in full force and effect until April 6, 2020; and
WHEREAS, restaurants, bars and establishments that offer food or drink may continue to offer food for take-out and by delivery; and
WHEREAS, alcohol sales can make up over 40% of the revenue of restaurants and establishments that offer food or drink; and
WHEREAS, it is critical the State avoid adverse economic impacts where possible; and
WHEREAS, in light of the significant economic impacts being imposed on restaurants and establishments that offer food or drink and their employees, as well as the social distancing measures being asked of Vermonters, the Governor has determined to permit “to-go” sales and delivery of beverage alcohol with the purchase of a meal, as well as the delivery of alcohol product by licensed retail stores.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, specifically 20 V.S.A. § 8(b)(1), hereby order that the rules of the Board of the Department of Liquor and Lottery (“Board”) are hereby amended or rescinded, as necessary, to permit “to-go” sales and delivery of beverage alcohol with the purchase of a meal, as well as the delivery of alcohol product by licensed retail stores, as follows:
1. 1st class licensees are hereby authorized to allow for take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption.
2. 2nd and 4th class licensees shall be authorized to allow for delivery and curbside pickup of un-opened containers of spirits, spirit-based product and malt and vinous product.
3. Other licensees who serve food, or who partner with entities who serve food, are authorized to allow for take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption.
4. The permissible hours for delivery shall be from 10:00 a.m. until 11:00 p.m.
5. For deliveries, the licensee shall be able to travel from town to town or from place to place carrying orders for delivery of any alcohol product they are licensed to sell and authorized to deliver hereunder without a delivery permit, provided the following conditions are met:
a. The person making the delivery is at least 18 years old and is certified to sell or serve alcohol by the Board.
b. All deliveries shall be in person to a physical building or residence.
c. Licensees shall maintain an inspectable log of all deliveries made and such log shall at a minimum include:
i. Name of recipient and physical address in Vermont to where the product was delivered;
ii. How ID was verified;
iii. A signature of recipient at least twenty-one (21) years of age;
iv. Complete description of the product and quantity delivered;
v. Time of delivery;
vi. The name of the employee making the delivery.
6. Any additional guidance or recommendations by the Commissioner or the Board in this regard shall be subject to the Governor’s review and approval. Any order of the Board relating to this matter following the declaration of the State of Emergency, which has not received the approval of the Governor, is hereby rescinded.
7. The Board shall not penalize any 1st class or 2nd class licensee who is in compliance with the terms of this Directive and any approved guidance issued hereunder.
This Directive shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with VDH and DPS/VEM, shall assess the emergency and determine whether to amend or extend this Directive.
Dated March 19, 2020
GUBERNATORIAL DIRECTIVE TO ALL SCHOOL BOARDS AND SUPERINTENDENTS AND CHILD CARE PROVIDERS
DIRECTIVE 5 — CONTINUITY OF LEARNING PLANNING
PROVISION OF SERVICES TO CHILDREN OF ESSENTIAL PERSONS DURING CLOSURE PERIOD IN RESPONSE TO COVID-19
WHEREAS, on Friday, March 13, 2020, the Governor issued an Executive Order (“Executive Order”), declaring a State of Emergency for the State of Vermont in response to COVID-19; and
WHEREAS, since that time, the number of additional cases of COVID-19 has grown exponentially and sadly, but not surprisingly Vermont is experiencing its fatal impact; and
WHEREAS, on March 15, 2020, the Governor issued a Directive to all School Boards and Superintendents (“School Continuity Directive”), dismissing schools from March 18, 2020 through April 6, 2020 (“Closure Period”) and directing Continuity of Education Planning; and
WHEREAS, the School Continuity Directive delegated authority to the Secretary of the Agency of Education (“Education Secretary”) to oversee its implementation, including with respect to addressing the child care needs of healthcare workers and other Vermonters essential to the COVID-19 response (“Essential Persons”), during the Closure Period; and
WHEREAS, on March 17, 2020, the Governor issued a Directive to all School Boards, Superintendents and Child Care Providers (“Child Care Directive”), to close all routine child care operations and provide for the care of the infants, pre-k children and children through grade 8 of Essential Persons, during the Closure Period; and
WHEREAS, on March 24, 2020, the Governor issued Addendum 6 to the Executive Order (“Stay Home/Stay Safe”), which puts additional restrictive measures in place to minimize all unnecessary activities outside the home to slow the spread of COVID-19 and protect the public; and
WHEREAS, Stay Home/Stay Safe was implemented in consultation with the Commissioner of the Vermont Department of Health (“VDH”) and directs Vermonters to stay at home, leaving only for essential reasons critical to health and safety; closes all businesses and not-for-profit entities; and provides exemptions for certain critical businesses employing Essential Persons; and
WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH, the Secretary of the Agency of Human Services and the Secretary of Education, to dismiss schools in Vermont through the end of the year and provide clarity regarding child care for Essential Persons; and
WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health and is expected to help provide the necessary care and services to prevent and reduce the spread of COVID-19.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby direct the governing bodies of all public and independent schools as follows:
1. Schools for preK-12 students shall remain dismissed for in-person instruction for the remainder of the 2019-2020 school year, unless otherwise ordered by the Governor if the COVID-19 response should allow.
2. Schools are required to have continuity of learning plans for remote learning implemented on or before Monday, April 13, 2020.
3. The Secretary of the Agency of Education shall issue guidance on or before Friday, May 8, 2020 on end of school year gatherings and graduations.
4. Schools districts are encouraged to utilize facilities and staff to assist in child care for Essential Persons so long as they adhere to health guidance issued by VDH for operations of child care programs during the COVID-19 response.
5. “Essential Persons” are employees of businesses and entities providing services or functions deemed critical to public health and safety, as well as economic and national security as described in Stay Home/Stay Safe and supplemental guidance issued by the Agency of Commerce and Community Development; provided, however, child care being provided to Essential Persons during the State of Emergency shall only be utilized by Essential Persons (a) when there is no parent, guardian or other arranged care in the home to care for the child; or (b) in the event of exigent circumstances necessary for the health and safety of the child. Further, in the event of child care capacity constraints, the children of healthcare providers and other essential healthcare system employees, first responders and essential government employees with primary responsibility for execution of the COVID-19 response shall receive priority placement.
6. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.
Except as set forth in this Directive, the School Continuity Directive and the Child Care Directive shall remain in full force and effect. This Directive shall take effect upon signing and shall continue in full force and effect until such time as the Governor, in consultation with the Vermont Department of Health, the Department of Public Safety/Division of Emergency Management and the Agency of Education shall assess the emergency and determine whether to amend or terminate this Directive.
Dated March 26, 2020
GUBERNATORIAL DIRECTIVE TO ALL SCHOOL BOARD AND SUPERINTENDENTS
DIRECTIVE 6 — UNIFORM SCHOOL REOPENING
WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency (“Executive Order”), as amended and restated June 15, 2020 (“Amended and Restated Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and
WHEREAS, on March 1, 2020, the Governor issued Directive 1 to all School Boards and Superintendents for Continuity of Education Planning in order proceed with an orderly dismissal of schools in Vermont to support both the State’s response to COVID-19 and the needs of children and families across Vermont; and
WHEREAS, this decision was based on the best scientific evidence available to the experts at the Vermont Department of Health (VDH) and helped to prevent and reduce the spread of COVID-19; and
WHEREAS, at this time, based on the best scientific evidence available to the experts at VDH and leading pediatric medical professionals and educators, I have determined to impose a statewide uniform start date for Vermont schools.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby direct the governing bodies of all public and independent schools as follows:
1. Except as set forth herein, all public schools and independent schools shall be opened for in person or remote classroom instruction on, but not prior to, Tuesday, September 8, 2020 in accordance with the health and safety guidance issued by VDH and the Agency of Education.
2. Schools that primarily serve students with disabilities may start their instructional operations prior to September 8, 2020 based on student needs.
3. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.
4. The Secretary of Education shall oversee the implementation of this Directive and I hereby delegate to the Secretary of Education such authority as may be necessary for this implementation. All local school officials and governing bodies shall consult with and abide by the direction of the Secretary of Education with respect to compliance with this Directive. School officials shall work with and assist the Agency of Education as directed by the Secretary of Education.
This Directive shall take effect upon signing.
Dated July 29, 2020
Executive Order No. 20-60 (No. 03-20) [Governor’s Public Safety Reform Initiative]
WHEREAS, just two months ago, this country watched the tragic death of George Floyd, and while Vermont has been committed to fair and impartial policing for some time, we must acknowledge work remains to be done; and
WHEREAS, Vermont’s Constitution requires every officer of the State in authority, whether judicial or executive or military, to swear an oath that, in the execution of their office, they will do equal right and justice to all persons, to the best of their ability, according to law; and
WHEREAS, this oath imposes upon all state officers, including our state-wide elected officials, our judges, our prosecutors and our law enforcement officers an awesome responsibility and we must do all we can to ensure our officers and our institutions are prepared, in fact, to do equal right and justice to all persons; and
WHEREAS, in January of this year, the Department of Public Safety (DPS) put forth an outline for modernizing policing and public safety in Vermont, which is based, in part, on more than 50 years of studies, reports and legislative drafts; and
WHEREAS, in June of this year, together with law enforcement and community leaders, DPS drafted a comprehensive 10-point strategy to accelerate progress in the organization of state law enforcement operations, modernizing our data collection and reporting technology; expanding alternative crisis response methodologies such as field mental health workers; providing enhanced statewide model policies in key areas, including use of force; modernizing hiring practices, training and supervisor selection; and developing community oversight models; and
WHEREAS, nationally, community representatives, law enforcement representatives and other advocacy groups are debating the risks and benefits of these and other measures such as an end to qualified immunity for law enforcement officers, removal of police from schools, banning the use of certain military equipment and techniques and banning certain surveillance techniques, all of which merit open and informed debate and consideration in Vermont’s communities and in the Legislature; and
WHEREAS, the scope of this Order is to use the current lawful authority of the Governor and the resources available to the Executive Branch to accelerate the modernization of public safety operations throughout Vermont.
NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as the Governor, do hereby order and direct as follows:
I. Short Term Priorities.
A. Community Participation. The Commissioner of DPS shall, in consultation with the Executive Director of Racial Equity, actively engage with communities, particularly those communities that have been historically marginalized or harmed by policing, as we develop and deploy best policing practices. Only through extensive outreach and participation can we achieve the goals outlined in the DPS’s 10-point strategy, move forward on these initiatives and develop equitable processes that ensure equitable outcomes.
B. Hiring and Promotion Practices. State and local law enforcement agencies must recruit, hire, retain and promote officers who reflect the values and diversity of the communities they serve. In furtherance of DPS’s ongoing work in this area, on or before October 1, 2020, the Commissioner of DPS shall work with community representatives and other interested parties to develop model processes and begin to implement enhancements to systems for hiring interviews in selection processes, background investigations and polygraph and psychological examinations, for purposes of hiring and promotion, including the hiring of police executives in Vermont. The Vermont Criminal Justice Training Council (CJTC) shall consider the model processes developed by DPS for adoption by all law enforcement agencies statewide.
On or before December 1, 2020, the Commissioner shall, in consultation with the Commissioner of Human Resources and the Executive Director of Racial Equity, develop additional initiatives to reach out to a more diverse hiring pool. This shall include measurable assessments of those efforts and outcomes.
C. Data. DPS, in consultation with the Agency of Digital Services (ADS), shall prioritize the adoption of an updated statewide computer aided dispatch and records management data system that is standardized and mandatory for all agencies related to use of force, traffic stops, arrests, mental health and other related topics. Further, that system shall make data more swiftly and fully available to communities, Vermonters and researchers using a variety of modern tools ranging from easily accessible dashboards to raw data - excluding personally identifying information on any person. The Commissioner of DPS and the Secretary of ADS shall provide a weekly status update to the Governor on the progress toward statewide implementation of this system.
D. Body Worn Cameras. As we look forward to a time when all law enforcement agencies in the State will be using body worn cameras, the State will require clear, consistent statewide policies governing their use, including universal policy on activation / de-activation, privacy issues, and release of camera footage.
The Commissioner of DPS is hereby directed to expedite work to 1) identify the scope of need for cameras by all Vermont law enforcement agencies; and 2) in collaboration with Vermont community representatives, and in consultation with the Executive Director of Racial Equity and other stakeholders, develop for the consideration of the CJTC, a statewide model policy on body worn cameras for all law enforcement agencies and officers for use statewide.
E. Use of Force Policy. On or before October 1, 2020, the Commissioner of DPS, in consultation with the Executive Director of Racial Equity, community representatives and other interested parties shall develop, for the consideration of the CJTC, a statewide model policy on the use of force for all law enforcement agencies and officers. The model policy shall establish a statewide definition for what constitutes a use of force by police, and include best practices on when use of force shall be prohibited, such as in response to peaceful protests, and under what circumstances proportional use of force may be necessary. The model policy shall also address when and under what circumstances police military equipment shall be prohibited and when and under what circumstances it may be necessary.
At this time Vermont’s State Police and local police agencies do not possess or use invasive surveillance technologies, advanced autonomous weaponry, facial recognition software or predictive policing technologies. It shall be the policy of the State that these technologies and techniques shall not be adopted by any law enforcement agency without express authorization under State law.
Further, it shall be the policy of the State that a police agency’s failure to adopt the statewide model use of force policy shall result in limitations on state funding and access to training for the agency.
F. Training. The Commissioner has proposed a detailed plan for comprehensive law enforcement training modernization. I hereby direct the Commissioners of DPS, Corrections, Motor Vehicles and Fish and Wildlife, as a members of the CJTC, together with the new Executive Director of the Council, to coordinate and lead the efforts of the Council to develop and use updated, statewide training, schedules and methods. On or before December 1, 2020, the Commissioner of DPS shall report to the Governor on the status of these efforts.
G. Improper Conduct Allegations. The process of investigating improper conduct allegations must be easily accessible and as transparent as possible, while protecting the privacy of both the accused and the complainant. Investigations must have swift and consistent outcomes and include community oversight.
Working with community representatives and other interested parties to develop the most suitable models, on or before October 1, 2020, the Commissioner of DPS, in consultation with the Executive Director of Racial Equity and the CJTC, shall recommend to the Governor a statewide model policy for investigating allegations of improper conduct. This process should consider different models used outside of Vermont, including those involving civilian investigators or investigators from other agencies.
II. Development of Legislative Proposals for 2021.
A. Universal Reporting Portal for Improper Conduct Allegations. On or before October 1, 2020, working with community representatives and other interested parties, the Commissioner of DPS shall develop, for the Governor’s consideration, a legislative framework for uniform, statewide release of data and information regarding misconduct allegations. This shall include a proposal for development and implementation of a centralized statewide reporting portal and universal phone number for reporting allegations of misconduct.
B. Use of Force Investigation and Review. On or before October 1, 2020, working with community representatives and other interested parties, the Commissioner of DPS shall propose, for consideration by the Governor, a statutory mandate that all lethal force used by law enforcement and all deaths in custody are investigated by the Vermont State Police Major Crime Unit and reviewed independently by the Office of the Attorney General and a State’s Attorney in a manner that is free from both actual and apparent conflicts of interest.
C. Community Oversight Models. On or before December 1, 2020, the Commissioner of DPS, in consultation with the Office of Attorney General’s Division of Human Rights, and community representatives, shall recommend to the Governor one or more models of civilian oversight of law enforcement and develop a statutory framework for the consideration of the Governor. Any such statutory framework shall include provisions designed to create civilian oversight boards which minimize the risk of conflicts of interest, and the appearance of conflicts of interest between those serving on local civilian oversight boards and law enforcement executives or officers of a given locality. Once such example would be civilian oversight of law enforcement on a county-wide basis structured in a manner that avoids both actual and apparent conflicts of interest.
This Executive Order shall take effect upon execution.
Dated August 20, 2020
Executive Order No. 20-61 (No. 05-20) [Emergency Guard Call-Out for Hospital Systems Restoration]
Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601, and having determined the protection of health and safety and the preservation of the lives of the people of the State requires it, I hereby order and direct the Adjutant General of Vermont to order into service a force of the National Guard for the purpose of assisting in cybersecurity operations beginning November 1, 2020.
The need for National Guard assistance is a direct result of a known cyberattack on University of Vermont Medical Center information technology systems which occurred on October 28, 2020.
Payment for personnel performing the State service shall be in accordance with the provisions of 20 V.S.A. § 603.
This Order shall take effect upon signing and shall terminate at midnight, November 8, 2020 unless extended by the Governor.
Dated October 31, 2020
ADDENDUM TO EXECUTIVE ORDER 05-20
[Emergency Guard Call-Out for Hospital Systems Restoration]
Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601, and having determined the protection of health and safety and the preservation of the lives of the people of the State requires it, I hereby order and direct the Adjutant General of Vermont to extend the service of a force of the National Guard for the purpose of assisting in cybersecurity operations, which began November 1, 2020, through November 14, 2020 at midnight, unless extended by the Governor.
This Addendum to Executive Order 05-20 shall be effective as of November 8, 2020.
Dated November 9, 2020
ADDENDUM 2 TO EXECUTIVE ORDER 05-20
[Emergency Guard Call-Out for Hospital Systems Restoration]
Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601, and having determined the protection of health and safety and the preservation of the lives of the people of the State requires it, I hereby order and direct the Adjutant General of Vermont to extend the service of a force of the National Guard for the purpose of assisting in cybersecurity operations, which began November 1, 2020, through December 15, 2020 and coterminous with the Governor’s Amended and Restated Executive Order 01-20, unless sooner rescinded by the Governor.
This Addendum to Executive Order 05-20 shall be effective as of November 14, 2020.
Dated November 17, 2020
Executive Order No. 20-62 (No. 03-22) [Search and Rescue Council]
WHEREAS, in 2013, the General Assembly enacted Act 26 of the Laws of 2013, An Act Relating to Search and Rescue, which created coordinated processes for state and local search and rescue response through the Commissioner of Public Safety, as well as establish an Amber Alert Program and a Search and Rescue Council; and
WHEREAS, after eight years of successfully working to improve search and rescue operations throughout the State, the Search and Rescue Council statutory authority sunset and was repealed as of July 1, 2021; and
WHEREAS, it is in the best interest of Vermonters and the Vermont public safety community to continue the work of the Search and Rescue Council.
NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby the recreate and establish the Search and Rescue Council (“Council”), as follows:
I. Composition and Appointments
A. Membership. The Council shall be composed of eight members who shall serve two-year terms commencing on July 1 of each odd-numbered year. Members of the Council shall be as follows:
1. The Search and Rescue Coordinator;
2. The Vermont State Police Search and Rescue Team Leader;
3. One member of the Department of Fish and Wildlife, appointed by the Commissioner of the Department;
4. One member of the public with experience in search and rescue operations, appointed by the Governor;
5. One member of the National Ski Patrol or the Green Mountain Club with experience in search and rescue operations, appointed by the Governor;
6. One member of a professional or volunteer search and rescue organization, appointed by the Governor; and
7. One member of a professional or volunteer search and rescue organization, appointed by the Governor; andvolunteer and one career firefighter, each of whom has completed the Vermont Basic Search and Rescue course or equivalent and NIMS Incident Command training IS100 and IS200.
The appointed members shall be appointed to reflect the different geographic regions of the State.
The Council shall elect a Chair from its membership.
The Council shall receive administrative support from the Department of Public Safety.
II. Charge
A. The Council shall be responsible for analyzing the performance of search and rescue operations conducted in the State
B. The Council shall:
1) meet quarterly and upon the call of the Chair;
2) establish and review and update the search and rescue training and equipment standards that shall be required of members of the Search and Rescue Team;
3) review completed search and rescue operations and make recommendations to search and rescue resources on how those operations may be improved; and
4) at its discretion and subject to the provisions of 32 V.S.A. § 5, apply for and accept contributions, capital grants, gifts, services, and funds from any source.
C. The Council shall prepare a report for the Commissioner of the Department of Public Safety no later than January 15 of each year. At a minimum, the report shall detail mission statistics, describe the status of outreach and education and training, make recommendations, if any, needed for improved operations and include such other information requested by the Commissioner.
Members who are not otherwise employed by the State, a County or a municipality may receive per diem compensation in accordance with 32 V.S.A. § 1010(e).
III. Effective Date
This Executive Order shall take effect upon signing and shall be retroactive to July 1, 2021. The members of the Search and Rescue Council who have been appointed by the Governor to serve through July 1, 2023 shall serve out their current terms.
Dated March 22, 2022
[Expires December 31, 2026.]
Executive Order No. 20-63 (No. 05-22) [Governor’s Violence Prevention Task Force]
WHEREAS, April 19, 2018, I issued Executive Order, No. 03-18, establishing a Governor’s Community Violence Prevention Task Force as a forum for honest, respectful, and fact-based discussions about how Vermonters can reduce the risk of violence in our communities, including identifying root causes and developing open conversations about behavior, mental health, firearm safety, restoring civil discourse and personal responsibility; and
WHEREAS, the Task Force submitted its final report to me on May 31, 2019, and was disbanded with the expiration of the Executive Order on December 31, 2019; and
WHEREAS, the Task Force’s final report suggested multiple initiatives to prevent large-scale violence and mitigate its effects in our state, many of which have been proposed to the Legislature and taken up, including increased funding for early mental health interventions and initiating behavioral threat assessments in Vermont schools; and
WHEREAS, while Vermont is one of the healthiest and safest states in America, like the rest of the country, Vermont is experiencing staffing shortages in critical professions, including public safety and law enforcement, social work, and health care, at the same time it is facing spikes in rates of violent crime, organized drug crime and overdoses, and mental health crises; and
WHEREAS, on August 17, 2022, I issued my Public Safety Enhancement and Violence Reduction 10-Point Action Plan, a framework to address Vermont’s recent increase in violent crime, including gun crimes, drug trafficking and domestic violence; and
WHEREAS, on September 1, 2022, I appointed a Director of Violence Prevention to bring focus, clarity and discipline to a longer-term prevention strategy that prioritizes early interventions for children and families; and
WHEREAS, the Director of Violence Prevention will lead a reconstituted Violence Prevention Task Force made up of Executive Branch officers responsible for law enforcement and prosecution, and social service interventions; and
WHEREAS, the Violence Prevention Task Force is directed to implement specific and measurable community violence prevention policies and strategies across state government, with an emphasis on preventing gun crimes in schools and in community settings.
NOW THEREFORE, BE IT RESOLVED, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Violence Prevention Task Force as follows:
I. Composition and Appointments
The Governor’s Violence Prevention Task Force shall consist of senior executive branch officials, including the Governor’s Secretaries of the Agencies of Human Services, Education and Digital Services; the Commissioners of Public Safety, Mental Health, Corrections, Children and Families and Health; the Chief of the Criminal Justice Division of the Office of the Attorney General; and the Executive Director of the Office of State’s Attorneys and Sheriffs, or designee.
The Task Force will be chaired by the Director of Violence Prevention.
The Task Force is directed to work cooperatively and collaboratively across the Executive Branch enterprise to accomplish its charge.
The Task Force should consult, as appropriate and necessary, with the Vermont School Safety Center, the Vermont Association of Chiefs of Police, the Vermont Sheriff’s Association, the Vermont Center for Crime Victim Services, the Criminal Justice Council, the Defender General, the Vermont League of Cities and Towns and other community stakeholders and private sector professionals identified by the Task Force, for information, insights, and advice.
II. Violence Prevention Task Force Charge and Process
The Task Force shall:
A. Coordinate policy implementation across state government to help address violence against others in schools and communities;
B. Identify needed reform of existing criminal justice laws, regulations, policies, and programs and propose – and advocate for – legislative and programmatic changes to better deter and prevent violent crimes and hold offenders accountable;
C. Coordinate federal funding opportunities to better prevent community violence, facilitate better use of ERPO implementation/enhancements and significantly improve school safety and school violence prevention; and
D. Perform other duties with respect to violence prevention initiatives as the Governor may direct.
The Violence Prevention Task Force will be advisory to the Governor and will report to him regularly on its view of the effectiveness of violence prevention policy.
The Violence Prevention Task Force shall receive administrative, and staff support from the Office of the Governor and data support from the Agency of Digital Services, the Agency of Human Services, and the Department of Public Safety.
III. Effective Date
This Executive Order shall take effect upon execution and shall expire December 31, 2026.
Dated October 5, 2022
Executive Order No. 20-64 (Amended and Restated No. 03-23) [Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage]
WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“Flood of 2023”); and
WHEREAS, on July 10, 2023, the President declared that an emergency exists in the State of Vermont; and
WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington area July 7, 2023, and excessive rain, flooding, water runoff, erosion and resulting damages statewide during the period July 9-11, 2023, were not going to be isolated incidents, but rather part of series of events which would continue throughout the coming week, with widespread flooding, repeated flash flooding, water runoff, erosion and mudslides due to inundated soils and slope instability, statewide, the Governor, in consultation with FEMA, requested a Presidential Declaration of a Major Disaster for the period July 7, 2023, and continuing; and
WHEREAS, on July 14, 2023, the President issued a Major Disaster Declaration based on flooding beginning on July 7, 2023, and continuing through July 21, 2023; and
WHEREAS, the scope and severity of the Flood of 2023 exceeded that of Hurricane Irene in 2011; and
WHEREAS, one year later, Vermont again faces the imminent likelihood of excessive rain combined with water runoff, flooding, erosion and resulting damages from July 10, 2024 - July 12, 2024 with the potential for widespread damage and posing a threat to property and public safety in Vermont; and
WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard to take steps to prepare for the anticipated July 2024 storm as well as continue the ongoing recovery work from the Flood of 2023.
NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws and the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, I hereby declare a State of Emergency for the State of Vermont
IT IS HEREBY ORDERED:
1. The Director of the Division of Emergency Management (VEM) shall activate the Vermont State Emergency Operations Plan and coordinate statewide hazard mitigation, support response and recovery efforts to preserve public safety and property in Vermont.
2. In preparing for and responding to this State of Emergency, all agencies of the State shall use and employ State personnel, equipment and facilities or perform any and all activities consistent with the direction of the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan
3. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.
4. Relevant rules and permitting requirements shall be suspended to the extent necessary to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State.
5. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.
This Executive Order shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.
Dated July 10, 2024.
ADDENDUM 1 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23
[Declaration of State Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage]
WHEREAS, one year after I issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“July 2023 Severe Storm”), Vermont again experienced excessive rain combined with water runoff, flooding, erosion and resulting damages July 10, 2024 into July 11, 2024 (“July 2024 Severe Storm”), which caused two known fatalities and widespread damage, and threatened property and public safety in Vermont; and
WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard to immediately address the aftermath of the July 2024 Severe Storm as well as continue the ongoing recovery work from the July 2023 Severe Storm).
NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws and the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, I hereby declare a State of Emergency for the State of Vermont.
IT IS HEREBY ORDERED:
1. The Director of the Division of Emergency Management (VEM) shall activate the Vermont State Emergency Operations Plan and coordinate statewide hazard mitigation, support response and recovery efforts to preserve public safety and property in Vermont.
2. All agencies of the State shall use and employ State personnel, equipment and facilities or perform any and all activities consistent with the direction of the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan and this Emergency Declaration, as amended and restated.
3. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by the July 2023 and 2024 Severe Storms to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Emergency Declaration, as amended and restated.
4. Relevant rules and permitting requirements shall be suspended or modified as set forth in this Emergency Declaration, as amended and restated, to the extent necessary to respond to the conditions created or caused by the 2023 and 2024 Severe Storms to conduct hazard mitigation, support response and recovery efforts and address critical housing needs to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State.
PROFESSIONAL REGULATION
5. The Secretary of State is hereby directed to waive such rules and requirements as may be necessary to issue a temporary license to professionals who hold a valid license, certificate, or registration in any other U.S. jurisdiction needed to provide professional services to protect the public peace, health and safety and to preserve the lives and property of the people of the State in Vermont for the period of this Emergency Declaration, as amended and restated. These professionals must be licensed, certified, or registered in good standing in another U.S. jurisdiction or jurisdictions and not subject to any professional disciplinary proceedings in any other U.S. jurisdiction. This shall include professions requiring a Vermont firearms certification.
Profession types shall include, pharmacists, architects, engineers, foresters, land surveyors, pollution abatement facility operators, property inspectors, residential contractors, wastewater/water system designers, well drillers, security agencies, security guards and security employees, the firearm certification for security professionals and such other profession types regulated by the Office of Professional Regulation as the Director, in consultation with the Office of the Governor, may determine necessary to provide professional services in connection with this emergency until the termination of this Emergency Declaration, as amended and restated. The Office of Professional Regulation is hereby directed to issue instructions and guidance in furtherance of this Emergency Declaration, as amended and restated.
6. To relieve the immediate licensing renewal burden on essential professionals, I am hereby issuing an emergency rule in accordance with 20 V.S.A. § 8(b)(1) to extend the July 31, 2024 professional license renewal deadline, including the payment of licensing fees, late penalties, and continuing education requirements, for six (6) months for engineers, land surveyors and foresters licensed in Vermont as of July 1, 2024; provided, however, upon renewal, the licensing period for the engineers shall be August 1, 2024 through July 31, 2026 and the licensing period for land surveyors and foresters will be October 1, 2024 through September 30, 2026.
7. The Vermont Department of Public Safety, Division of Fire Safety is hereby directed to waive such rules and requirements as necessary to issue a temporary license, certification or registration to profession types equivalent to the Vermont Oil Heat Technicians, Vermont Propane Technicians, Vermont S-License Plumbers and Vermont S-License Electricians and such other profession types regulated by the Division of Fire Safety as the Director may determine necessary to provide professional services in connection with this emergency until the termination of this Emergency Declaration, as amended and restated. These professionals shall hold a valid license, certification or registration in good standing in another U.S. jurisdiction or jurisdictions and shall not be subject to any professional disciplinary proceedings in any other U.S. jurisdiction.
The Director of the Division of Fire Safety shall provide guidance on how licensed, certified, or registered professionals from other U.S. jurisdiction(s) can obtain the temporary emergency license, certification or registration.
8. The Electrical Licensing Board shall allow a licensed Journeyman Electrician working under the supervision of a Vermont licensed Master Electrician to work on a site without direct supervision throughout the period of this Emergency Declaration, as amended and restated. The Director of Fire Safety is hereby directed to issue instructions and guidance in furtherance of this Emergency Declaration, as amended and restated.
This Executive Order shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.
ENVIRONMENTAL REGULATORY RELIEF
9. In accordance with 20 V.S.A. §§ 8, 9 and 11, I hereby waive Act 250 Land Use Permit conditions on gravel pit and rock quarry extraction, asphalt plants and concrete plants, including operating hours, noise and blasting, crushing, limits on area, rate, depth, or volume of extraction, and related trucking to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, for purposes of this Emergency Declaration, as amended and restated. The Natural Resources Board and its successor the Land Use Review Board (the “Board”) through the Chair, District Commissions and District Coordinators shall allow gravel pits and rock quarries, permitted and unpermitted, to be accessed consistent with this Emergency Declaration to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, on demand as set forth in this Emergency Declaration.
a) Where there is gravel or rock fill needed for the July 2024 Severe Storm remediation or recovery that cannot reasonably be met from permitted sources, as determined in the sole discretion the Agency of Transportation, the Agency of Transportation shall implement this waiver without further action from the Board, District Coordinators or District Commissions.
b) The Board shall issue instructions and guidance for State and town contractors for the purpose of documenting the use of materials from gravel pits, quarries, asphalt plants, and concrete plants in accordance with this Emergency Declaration, as amended and restated.
c) This Emergency Declaration, as amended and restated, shall not be construed to waive any other applicable laws or other applicable existing Land Use Permit conditions relating to gravel pits and quarries, permitted and unpermitted and asphalt plant and concrete plant operations.
d) Upon the expiration of this Emergency Declaration, but not later than November 15, 2024, all gravel pits, rock quarries, asphalt plant and concrete plant operations must come into compliance with all applicable Act 250 permitting requirements, including permitted hours, extraction limits or other conditions. All operations, permitted and unpermitted, shall return to pre-emergency operations and conditions, including removal of any temporary infrastructure and reclamation of all operation areas utilized in accordance with this Emergency Declaration, as amended and restated, to standards prescribed by the Board, which may extend full reclamation based on seasonal considerations or for other good cause shown.
10. In order to meet the needs of the State, municipalities and property owners as they implement measures to protect health and safety and preserve lives and property of the people of the State, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through September 1, 2024 to:
a) Waive the production and fuel use limits for hot mix asphalt plants currently operating under an Air Pollution Control Permit to Operate and being used for emergency road repair. The Secretary of ANR will provide guidance on the implementation of this waiver and, in consultation with the Secretary of the Agency of Transportation (VTrans), the waiver of such other current limits as may be needed to facilitate the production of hot mix asphalt to be used for emergency road repair.
b) ANR shall waive the certification limits of the Coventry Landfill and transfer station operating hours to allow longer hours and weekend days. ANR shall also waive the daily tonnage limits to allow transfer stations to increase throughput without being limited by daily capacity limits.
c) ANR shall authorize transfer stations to 1) store flood debris and construction and demolition (C& D) waste outside of the tipping building (or the designated storage areas) without the need for a certification amendment or approval from the State; and 2) manage household hazardous wastes, whitegoods (with refrigerants) electronics, mercury containing bulbs, batteries, propane tanks and tires so long as these dangerous and hazardous wastes can be managed and stored safely.
11. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety and preserve and restore access to property, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through December 31, 2024 to:
a) Modify ANR’s Stream Alteration Rules, §27-506 (Authorizations Under the General Permit) and §27-601 (Purpose; Application; Public Notice) by suspending the requirement that ANR provide notice of draft permit decisions and a public comment period for individual and general permit authorizations issued for the repair or replacement of infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety.
b) For those projects that are not eligible for authorization as emergency protective measures under §27-701 (Purpose and Applicability of Emergency Protective Measures) of the Stream Alteration Rules but are still necessary to repair or replace infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety, ANR shall not require public notice of draft permitting decisions, or a public comment period on draft decisions.
c) ANR shall post the final permit decisions to the Environmental Notice Bulletin.
12. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through July 14, 2025 to:
a) Modify the notice requirements for dam safety orders required under 10 V.S.A. § 1085(1),10 V.S.A. § 7712, and 10 V.S.A. § 7714 by requiring a 10-day notice period instead of a 30-day notice period.
b) )ANR shall post the final permit decisions to the Environmental Notice Bulletin.
13. ANR shall allow all uses and activities in a Class I or Class II wetland and its buffer without a permit when required for:
a) emergency repair, cleanup, or maintenance of structures and facilities (including utility poles and lines, public transportation facilities, bulkheads, docks, piers, pilings, paved areas, houses, or other buildings), or emergency actions required to provide for public health, safety and welfare for disaster relief in connection with this Emergency Declaration, as amended and restated, and any associated federal Major Disaster Declaration;
b) the operation of existing hydroelectric facilities in accordance with all applicable requirements established by federal and state agencies which may involve dredging, draining and/or altering the flow of water into or out of a wetland; and
c) cleanup activities for spills of oil or hazardous materials, when performed in connection with damages occurring in connection with the July 2024 Severe Storm.
MOTOR VEHICLE REGULATION
14. Pursuant to 49 CFR § 390.23, motor carriers providing direct assistance to the emergency in Vermont are granted extended emergency relief from 49 CFR § 395.3 (maximum driving time for property-carrying vehicles) as set forth in this Emergency Declaration and guidance issued by the Commissioner of the Department of Motor Vehicles (DMV).
a) Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as water pump-outs, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food, fuel and gravel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.
b) This relief for motor carriers is effective as of July 10, 2024 and will expire on August 9, 2024 at midnight.
c) Upon termination of direct assistance to this emergency relief effort, no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive in commerce until the driver has met the requirements of Title 49 CFR 395.3(a), (b) and (c
The Commissioner of DMV is hereby directed to issue instructions and guidance in furtherance of applicable federal law and rule and this Emergency Declaration.
DEBRIS REMOVAL
15. Pursuant to my authority in 20 V.S.A. § 36, and notwithstanding any other provision of state law, I hereby direct the Agency of Transportation (VTrans), in coordination with the Department of Public Safety (DPS), the Chief Recovery Officer and ANR, to clear or remove debris and wreckage that may threaten public health or safety, or public or private property at the discretion of VTrans, as directed by the Secretary of VTrans. This directive shall be exercised when the affected local government, corporation, organization, or individual has unconditionally authorized the removal of debris and wreckage.
In the case of removal of debris or wreckage from private property, the owner shall first agree to indemnify the State government against any claim arising from the removal and VTrans may move the debris and wreckage to the public Right of Way to sort and remove it following the requirements municipalities must meet to be eligible for reimbursement from FEMA. VTrans shall carry out this directive until such time as it is determined by the Governor that removal of debris and wreckage from the July 2023 and 2024 Severe Storms is equitable from community to community and household to household; and removal of debris and wreckage is substantially complete.
16. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.
This First Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.
Dated: July 13, 2024.
ADDENDUM 2 TO THE AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23
[Declaration of State of Emergency, Guard Call-Out and Continued Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage]
WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“Flood of 2023”); and
WHEREAS, on July 10, 2023, the President declared that an emergency exists in the State of Vermont; and
WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington area July 7, 2023, and excessive rain, flooding, water runoff, erosion and resulting damages statewide during the period July 9-11, 2023, were not going to be isolated incidents, but rather part of series of events which would continue throughout the coming week, with widespread flooding, repeated flash flooding, water runoff, erosion and mudslides due to inundated soils and slope instability, statewide, the Governor, in consultation with FEMA, requested a Presidential Declaration of a Major Disaster for the period July 7, 2023, and continuing; and
WHEREAS, on July 14, 2023, the President issued a Major Disaster Declaration based on flooding beginning on July 7, 2023, and continuing through July 21, 2023; and
WHEREAS, the scope and severity of the Flood of 2023 exceeded that of Hurricane Irene in 2011; and
WHEREAS, exactly one year later, the remnants of Hurricane Beryl caused excessive rain combined with water runoff, flooding, erosion and widespread damages to property and public infrastructure in Vermont from July 10, 2024 to July 12, 2024, for which Vermont recently requested a Presidential Major Disaster Declaration; and
WHEREAS, July 30, 2024 Washington and Caledonia Counties experienced devastating flooding caused by excessive rainfall, with erosion, landslides and widespread damages to property and public infrastructure, for which Vermont is currently assessing damages with the intent of requesting another Presidential Major Disaster Declaration; and
WHEREAS, the remnants of Hurricane Debby now threaten Vermont with the imminent likelihood of excessive rain combined with water runoff, flooding, erosion, landslides and resulting damages beginning August 9, 2024 and ongoing, with the likelihood of new and exacerbated widespread damage, and posing new threats to property and public safety in Vermont; and
WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard, to continue to manage the ongoing recovery work from the Flood of 2023, continue to manage the existing 2024 flooding emergencies, as well as take steps to prepare for the anticipated August 2024 storm; and
WHEREAS, the ongoing nature of the July 2024 flooding has resulted in widespread debris and wreckage in waterways and on public and private property, which is beyond the capacity of many residents and communities to manage in a timely manner; and
WHEREAS, remaining debris and wreckage is widespread and threatens public health and safety, and the economic recovery of many rural communities and residents throughout Vermont; and
WHEREAS, the State must take action to not only remove, but ensure debris, including stumps, can be temporarily and permanently staged and disposed of.
NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws and the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, I hereby declare a State of Emergency for the State of Vermont
IT IS HEREBY ORDERED:
1. The Director of the Division of Emergency Management (VEM) shall maintain the activation of the Vermont State Emergency Operations Plan and continue to coordinate statewide hazard mitigation, and support response and recovery efforts to preserve public safety and property in Vermont.
2. In preparing for and responding to this State of Emergency, all agencies of the State shall use and employ State personnel, equipment and facilities or perform any and all activities consistent with the direction of the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan.
3. I hereby re-authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.
4. Relevant rules and permitting requirements shall be suspended to the extent necessary to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, including, but not limited to, those rules and permitting requirements specified in Addendum 1 to this Amended and Restated Executive Order No. 3-23, and as set forth herein
ENVIRONMENTAL REGULATORY RELIEF
5. In accordance with 20 V.S.A. §§ 8, 9 and 11, I hereby waive Act 250 Land Use Permit conditions on gravel pit and rock quarry extraction, asphalt plants and concrete plants, including operating hours, noise and blasting, crushing, limits on area, rate, depth, or volume of extraction, and related trucking to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, for purposes of this Emergency Declaration, as amended and restated. The Natural Resources Board and its successor the Land Use Review Board (the “Board”) through the chair, district commissions and district coordinators shall allow gravel pits and rock quarries, permitted and unpermitted, to be accessed consistent with this Emergency Declaration to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, on demand as set forth in this Emergency Declaration.
a) Where there is gravel or rock fill needed for 2024 Severe Storm remediation or recovery that cannot reasonably be met from permitted sources, as determined in the sole discretion of the Agency of Transportation, the Agency of Transportation shall implement this waiver without further action from the Board, district coordinators or district commissions.
b) The Board shall issue instructions and guidance for State and town contractors for the purpose of documenting the use of materials from gravel pits, quarries, asphalt plants, and concrete plants in accordance with this Emergency Declaration, as amended and restated.
c) This Emergency Declaration, as amended and restated, shall not be construed to waive any other applicable laws or other applicable existing Land Use Permit conditions relating to gravel pits and quarries, permitted and unpermitted and asphalt plant and concrete plant operations.
d) Upon the expiration of this Emergency Declaration, but not later than December 15, 2024, all gravel pits, rock quarries, asphalt plant and concrete plant operations must come into compliance with all applicable Act 250 permitting requirements, including permitted hours, extraction limits or other conditions. All operations, permitted and unpermitted, shall return to pre-emergency operations and conditions, including removal of any temporary infrastructure and reclamation of all operation areas utilized in accordance with this Emergency Declaration, as amended and restated, to standards prescribed by the Board, which may extend full reclamation based on seasonal considerations or for other good cause shown.
6. In order to meet the needs of the State, municipalities and property owners as they implement measures to protect health and safety and preserve lives and property of the people of the State, the secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through October 1, 2024 to:
a) Waive the production and fuel use limits for hot mix asphalt plants currently operating under an Air Pollution Control Permit to Operate and being used for emergency road repair. The secretary of ANR will provide guidance on the implementation of this waiver and, in consultation with the secretary of the Agency of Transportation (AOT), the waiver of such other current limits as may be needed to facilitate the production of hot mix asphalt to be used for emergency road repair.
b) ANR shall waive the certification limits of the Coventry Landfill and transfer station operating hours to allow longer hours and weekend days. ANR shall also waive the daily tonnage limits to allow transfer stations to increase throughput without being limited by daily capacity limits.
c) ANR shall authorize transfer stations to 1) store flood debris and construction and demolition (C & D) waste outside of the tipping building (or the designated storage areas) without the need for a certification amendment or approval from the State; and 2) manage household hazardous wastes, whitegoods (with refrigerants) electronics, mercury containing bulbs, batteries, propane tanks and tires so long as these dangerous and hazardous wastes can be managed and stored safely.
d) ANR shall authorize the storage of flood debris, including stumps, in exhausted gravel pits and rock quarries and other areas designated by AoT and VEM in consultation with ANR, without the need for additional permitting or permit amendments.
7. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety and preserve and restore access to property, the secretary of ANR is hereby directed, effective July 10, 2024 through December 31, 2024 to:
a) Modify ANR’s Stream Alteration Rules, § 27-506 (Authorizations Under the General Permit) and § 27-601 (Purpose; Application; Public Notice) by suspending the requirement that ANR provide notice of draft permit decisions and a public comment period for individual and general permit authorizations issued for the repair or replacement of infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety.
b) For those projects that are not eligible for authorization as emergency protective measures under § 27-701 (Purpose and Applicability of Emergency Protective Measures) of the Stream Alteration Rules but are still necessary to repair or replace infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety, ANR shall not require public notice of draft permitting decisions, or a public comment period on draft decisions.
c) ANR shall post the final permit decisions to the Environmental Notice Bulletin.
8. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety, the secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through September 14, 2025 to:
a) Modify the notice requirements for dam safety orders required under 10 V.S.A. § 1085(1),10 V.S.A. § 7712, and 10 V.S.A. § 7714 by requiring a 10-day notice period instead of a 30-day notice period.
b) ANR shall post the final permit decisions to the Environmental Notice Bulletin.
9. ANR shall allow all uses and activities in a Class I or Class II wetland and its buffer without a permit when required for:
a) emergency repair, cleanup, or maintenance of structures and facilities (including utility poles and lines, public transportation facilities, bulkheads, docks, piers, pilings, paved areas, houses, or other buildings), or emergency actions required to provide for public health, safety and welfare for disaster relief in connection with this Emergency Declaration, as amended and restated, and any associated federal Major Disaster Declaration;
b) the operation of existing hydroelectric facilities in accordance with all applicable requirements established by federal and state agencies which may involve dredging, draining and/or altering the flow of water into or out of a wetland; and
c) cleanup activities for spills of oil or hazardous materials, when performed in connection with damages occurring in connection with the July and August 2024 Severe Storms.
ENVIRONMENTAL REGULATORY RELIEF
10. Pursuant to 49 CFR § 390.23, motor carriers providing direct assistance to the emergency in Vermont are granted extended emergency relief from 49 CFR § 395.3 (maximum driving time for property-carrying vehicles) as set forth in this Emergency Declaration and guidance issued by the Commissioner of the Department of Motor Vehicles (DMV).
a) Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as water pump-outs, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as food, fuel, and gravel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.
b) This relief for motor carriers is effective as of July 10, 2024, was originally set to expire August 9, 2024, but is now extended for another 30-day period through September 8, 2024 at midnight.
c) Upon termination of direct assistance to this emergency relief effort, no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive in commerce until the driver has met the requirements of Title 49 CFR 395.3(a), (b) and (c).
The Commissioner of DMV is hereby directed to issue instructions and guidance in furtherance of applicable federal law and rule and this Emergency Declaration, as amended and restated.
DEBRIS REMOVAL
11. Pursuant to my authority in 20 V.S.A. §§ 8, 9, 11 and 36, and notwithstanding any other provision of state law or rule, I hereby direct the Agency of Transportation (AOT), in coordination with the Department of Public Safety (DPS), the Chief Recovery Officer and ANR, to clear, remove and store or dispose of debris and wreckage that may threaten public health or safety, or public or private property at the discretion of AOT, as directed by the secretary of AOT. This directive shall be exercised when the affected local government, corporation, organization, or individual has unconditionally authorized the removal of debris and wreckage.
In the case of removal of debris or wreckage from private property, the owner shall first agree to indemnify the State government against any claim arising from the removal and AOT may move the debris and wreckage to the public Right of Way to sort and remove it following the requirements municipalities must meet to be eligible for reimbursement from FEMA. AOT shall carry out this directive until such time as it is determined by the Governor that removal of debris and wreckage from the July 2023 and July and August 2024 Severe Storms is equitable from community to community and household to household; and removal of debris and wreckage is substantially complete.
12. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.
This Second Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.
Dated August 8, 2024.
ADDENDUM 3 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23
[Housing Response to Storm-Related Damage]
WHEREAS, one year after I issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“July 2023 Severe Storm”), Vermont again experienced excessive rain combined with water runoff, flooding, erosion and resulting damages July 10, 2024 into July 11, 2024 and July 30, 2024 (“July 2024 Severe Storms”), which caused two known fatalities and widespread damage, and threatened property and public safety in Vermont; and
WHEREAS, following the July 2023 Severe Storm, 44 manufactured homes were condemned by the State, 16 properties were FEMA-designated “destroyed” properties and 3,168 households were approved for FEMA Housing Assistance; and
WHEREAS, following the July 10, 2024 Severe Storm, we know as of the morning of July 29, 2024, there were 2,407 residential damage reports to the State’s emergency 2-1-1 call center, including 111 renters: 192 callers reported significant damage to the first floor of their homes, 154 callers reported their homes were uninhabitable, 149 callers needed assistance to remain in their homes, 238 reported damage to their foundations and an additional 109 reported damage to walls and roofs; and
WHEREAS, unfortunately, Vermont is now anticipating another major rain and flood event August 9 as Tropical Depression Debby approaches, and the Governor has requested a federal Emergency Declaration from the President in anticipation of this all-hazards event; and
WHEREAS, prior to the July 2023 and July 2024 Severe Storms, Vermont’s statewide housing and homelessness crisis was widely recognized by Vermont’s State, federal and local leaders as one of the biggest issues facing our State today, with many calling for additional action, including some declaring the housing crisis must be priority No. 1, and others calling for a Governor’s Declaration of a State of Emergency; and
WHEREAS, there was demonstrated tri-partisan support for significant legislative changes to local zoning and state law and regulation to facilitate home building and housing unit generation throughout the 2023-2024 biennium; and
WHEREAS, the express purpose and policy underlying the State Emergency Management laws (Title 20, Chapter 1) recognize the “increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from all-hazards” and anticipate the need to adequately prepare the State “to deal with such disasters or emergencies; to provide for the common defense; to protect the public peace, health, and safety; and to preserve the lives and property of the people of the State;” and
WHEREAS, over the last 15 years, Vermont has begun to experience rain and flooding events with unforeseen frequency and severity; and
WHEREAS, the Governor’s emergency management duties and obligations require the preparation for and implementation of all emergency functions related to civilian protection and the prevention, planning, mitigation and support required for response and recovery efforts from all-hazards; and
WHEREAS, for the sake of clarity, “hazard mitigation” means any action taken to reduce or eliminate the threat to persons or property from all-hazards; and
WHEREAS, it is clear the July 2023 and July 2024 Severe Storms and inevitable future natural disasters have exacerbated and will continue to exacerbate Vermont’s housing crisis; and
WHEREAS, Vermont finds itself in a situation where providing temporary housing for the victims of natural disasters is a futile mission in the face of the housing crisis; and
WHEREAS, meaningful action to provide temporary housing is not possible without meaningful action to facilitate prudent, environmentally responsible manufactured home placement and housing development; and
WHEREAS, I have determined it is necessary to prioritize the Governor’s Mobile Home Unit Task Team Initiative to expedite the siting and placement of at least 100 manufactured home units in existing registered State manufactured home parks in Fiscal Year 2025.
NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws.
IT IS HEREBY ORDERED:
1. Mobilization of State Housing Resources. In accordance with Title 20 V.S.A. § 8, the Governor has determined the need to utilize the services and facilities of the Agency of Commerce and Community Development (ACCD), the Agency of Transportation (AOT), the Department of Housing and Community Development (DHCD), the Vermont State Housing Authority (VSHA) and the Governor’s Mobile Home Unit Task Team. ACCD, AOT, DHCD, VSHA and the Governor’s Mobile Home Unit Task Team shall use and employ state personnel, equipment, and facilities to perform any and all activities consistent with the direction of the Office of the Governor and ACCD.
2. Act 250 Permit Requirements. The goal of the Governor’s Mobile Home Unit Task Team Initiative is to site and place at least 100 manufactured home units on existing lots in existing registered State manufactured home parks in Fiscal Year 2025. The Natural Resources Board, and its successor the Land Use Review Board (the “Board”), through the Chair, District Commissions and District Coordinators shall deem the siting of one or more manufactured homes on existing lots in a manufactured home park, that was registered with the State on or before July 10, 2024, and which complies with conditions A-I in Section 3 below, does not constitute a “material change” or a “substantial change” for purposes of Act 250 permitting. Notwithstanding the foregoing, if a manufactured home park or pre-existing lot has an existing Act 250 permit, the manufactured home shall be in accordance with identified conditions.
3. Wastewater and Potable Water Supply Rule Suspension. Subject to certain conditions, the Agency of Natural Resources (ANR) currently grants Wastewater and Potable Water Supply permit exemptions for the reconstruction of a building or when i) its associated potable water supplies and waste water systems were substantially completed before January 1, 2007 and all improved and unimproved lots that were in existence before January 1, 2007 or ii) if it has an associated potable water supply or wastewater system which was permitted by the Secretary on or after January 1, 2007, and the building or structure has been voluntarily removed or destroyed by fire, flooding, or other force majeure. To qualify for the exemption, a building or structure reconstruction must occur within 4 years of its removal or destruction (“4- year lookback”). (See Rule 1-302 and Rule 1-303, Subchapter 3 of Chapter 1 of the ANR Environmental Protection Rules.)
The 4-year lookback in the ANR rules presents a significant hurdle for the siting and placement of manufactured home units on suitable existing vacant manufactured home lots. Therefore, in accordance with 20 V.S.A. §§ 8, 9 and 11, the Governor hereby temporarily modifies ANR Rule 1-302 and Rule 1-303 relating to Permit Exemption for Reconstruction and “Clean Slate” Permit Exemption and suspends the 4-year lookback (ANR Rule 1-302(a)(2)) solely for the purpose of facilitating the siting of new manufactured homes in connection with the Governor’s Manufactured Home Unit Task Team Initiative, subject to the following:
a) The manufactured home park is in compliance with all conditions of permits issued under ANR Rules on or after January 1, 2007.
b) The replacement manufactured home connects to the existing water service line or water service pipe and existing sanitary sewer service line that were connected to the previously existing building or structure. For the sake of clarity, replacement of lines and pipes necessary for purposes of siting new manufactured home units shall be deemed minor replacements.
c) The manufactured home does not increase design flow or modify other operational requirements of the existing potable water supply or wastewater system.
d) The entire footprint of the manufactured home, except for that portion of the manufactured home that is a deck or porch, is constructed within 50 feet of any outside wall of the previously existing building or structure that is being replaced.
e) No other actions are taken or caused to be taken that under the ANR Environmental Protection Rules requires the issuance of a permit or permit amendment.
f) The manufactured home park was registered with DHCD as of July 10, 2024.
g) The manufactured home park is in compliance with those portions of the Vermont Environmental Protection Chapter 21 Water Supply Rule which codify federal public water supply requirements.
h) A licensed designer certifies that the existing portions of the potable water supply are not a failed supply, and the existing portions of the wastewater system are not a failed system.
i) The Governor’s Manufactured Home Unit Task Team shall notify ANR of each new manufactured home unit placement.
For the sake of clarity, in the event a licensed designer is unable to certify that the existing portions of the potable water supply are not a failed supply and/or the existing portions of the wastewater system are not a failed system, on a site that otherwise complies with conditions A-I in this Section 3, the potable water supply shall be deemed a failed supply or the system shall be deemed a failed system and ANR shall grant a variance for a replacement system. The installation of a new manufactured home unit with 3 or fewer bedrooms at an existing registered manufactured home park lot with existing wastewater and water supply infrastructure, shall not constitute an increase in design flow for that lot.
The Governor’s Manufactured Home Unit Task Team, in consultation with DHCD, ANR, VSHA and a licensed designer, shall conduct due diligence on the park and the lots specific to wastewater and potable water supply systems, as follows:
a) Complete the ANR Checklist for Mobile Home Park Task Force Initial Screening dated July 10, 2024.
b) Review ACCD and ANR records related to water and wastewater complaints.
c) Conduct an in-person site visit.
d) Interview with the applicable manufacture home park owners.
4. Governor’s Manufactured Home Unit Task Team Purchasing Authority for Housing Deficit Mitigation. The Secretary of Administration is hereby directed to waive State purchasing rules and procedures as she may deem prudent and necessary for the purpose of expediting the acquisition of manufactured home units, including for the preparation or equipping of manufactured home unit sites, the payment of transportation charges and all other equipment, material or charges deemed necessary by the Governor’s Manufactured Home Unit Task Team.
Further, the Department of Buildings and General Services, Office of Purchasing and Contracting is hereby directed to work with the Governor’s Manufactured Home Unit Task Team to contract for and purchase materials, supplies, commodities, and equipment necessary for the repair, construction, and equipping of home units to ensure efficient execution of the Governor’s Manufactured Home Unit Task Team Initiative.
5. Retroactivity Shield. State law, rules and permitting suspended in accordance with this Emergency Declaration, as amended and restated, shall not be enforced retroactively by State permitting and regulatory bodies; except that State regulatory bodies shall retain the authority to address any situations that result in failure of the wastewater system and/or the potable water supply as defined by the Wastewater System and Potable Water Supply Rules.
This Third Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.
Dated August 9, 2024.
