With protestors afoot outside the Capitol building in Harrisburg, Governor Wolf provided additional information on the Commonwealth’s plans to begin reopening businesses, including construction sites, within Pennsylvania.  Per the Governor, “limited construction” activities will be permitted to resume on May 8, to the extent such activities can occur in compliance with job site regulations the Commonwealth has yet to release.  The May 8 date provides developers, contractors, business owners and potential home owners with some hope that their projects can begin (or continue) in a little under three weeks.  However, it is unclear what is meant by “limited construction” and what job site regulations will be required by the Commonwealth.

We will monitor the Commonwealth’s updates and, in the meantime, we encourage you to refer to guidance that has been issued by the Commonwealth and the McNees COVID-19 Resource Center.

Steve Matzura, Andrew Levy and Austin Wolfe recently issued a client alert updating our clients on newly required safety measures for COVID-19 in the workplace.  The first half of the alert is below, but you should contact one of the authors for more details or the full alert.

The Pennsylvania Department of Health issued an Order effective April 15 requiring social distancing, cleaning, use of masks for employees and visitors, and other mandatory mitigation protocols for businesses authorized to maintain in-person operations during the ongoing COVID-19 emergency (except for healthcare providers). This Order expands on the Department of Health’s prior order effective April 6 that required building safety and cleaning measures for certain businesses.  Employers have only a few days to comply with the April 15 Order, as it becomes enforceable on April 19, 2020 at 8:00 PM. Continue Reading Workplace Regulations: PA Newly Required Safety Measures for COVID-19

Thank you to our friends at Capitol Buzz and the McNees Government Relations Group (MSSG) for a great update on bills working their way through the PA General Assembly, which affect public meetings and hearings, construction activities and more.  A few highlights are below, but you should read the entire Capitol Buzz post.

On Tuesday, along strict party lines, the Pennsylvania House of Representatives passed a Republican-sponsored proposal to allow many businesses impacted by Gov. Tom Wolf’s business shutdown order to reopen amid the COVID-19 pandemic.

The House passed Senate Bill 613, which includes language introduced by House Republicans last week to reopen the state’s workforce while practicing social distancing and other mitigation efforts outlined by the federal Centers for Disease Control (CDC) and the Cybersecurity and Infrastructure Security Agency (CISA). The legislation was sent Continue Reading Updates On Public Meetings & Hearings, Construction Activities, and More from the General Assembly

Here is a headline most developers and builders would not want to see associated with their project: “’Life-sustaining’ casino? Construction continued in South Philly despite Gov. Wolf’s coronavirus shutdown. At least two workers have tested positive.”  Per the above Philadelphia Inquirer article, what has made matters worse for the developer are claims from many trades that the developer, a very large international development company, “wasn’t doing enough to protect them from being infected.”  Moreover, the developer’s “waiver” from the Governor’s Order, that essentially closed all non-life-sustaining businesses (more information available throughout this blog) to combat the COVID-19 coronavirus, is now at risk.

The story provides a great example of what not to do to if you want your business to avoid bad public relations, sick and upset employees and contractors, potential related lawsuits, and putting your waiver at risk.  Below are three short lessons pulled from the article: Continue Reading A Story of Warning for Developers & Builders Operating in Pennsylvania

The Pennsylvania Department of State has issued new guidelines for real estate transactions initiated on or before March 5, 2020.  Under the new guidelines, a real estate transaction for the sale of an existing home may proceed with in-person inspections, appraisals, final walk-throughs and title insurance activities if the home was under a signed contract as of March 5, 2020.  For new construction, the same in-person activities are permitted if a contract entered on or before March 5, 2020, provides for closing and delivery of the home to the purchaser on or after March 6, 2020.  The new guidelines reiterate that all remote real estate business is permissible, including virtual or telework operation for desktop appraisals and any appraisal that does not require entrance into a physical location. Continue Reading New Guidelines for Real Estate Transactions from PA Department of State

Our Corporate & Tax Group has provided excellent insight on the CARES Act.  Below is a snippet from their recent post on the McNees Auto Dealer Blog that deals with tax related relief under the CARES Act.  All business owners, COOs, etc. would be well served to familiarize themselves with this information:

With guidance from the Small Business Administration (“SBA”) and the Internal Revenue Service (“IRS”) still forthcoming, and the existing guidance changing, many business are struggling to understand their options under the Coronavirus Aid, Relief and Economic Security Act (“Act”).  We previously published guidance on the Payroll Protection Program (“PPP”) and Disaster Relief Loans which can be found here.  In addition to those loan offerings, the Act also created other relief options for businesses some of which can be used in conjunction with the PPP loans.

More information and the remainder of the post are available on the McNees Auto Dealer Blog.

In response to the COVID-19 pandemic, the Pennsylvania Department of Environmental Protection (“PADEP”) recently announced the availability of a process for requesting temporary suspensions of environmental permitting and regulatory compliance obligations.  Regulated entities experiencing difficulties due to COVID-19 in meeting the terms and conditions of their environmental permits or complying with environmental regulatory provisions should consider submitting a form request to PADEP for relief.  Completed forms must be submitted to RA-EPCOVID19SuspReq@pa.gov.  While PADEP’s offices remain closed, program staff continue to work remotely to process submitted requests.

Unless a temporary suspension is granted Continue Reading PADEP Responds to COVID-19: How to Ask PADEP for a Temporary Suspension of Environmental Compliance Obligations

If your head hurts, it might be because you are one of the many who have been thrown off the Life-Sustaining Business Roller Coaster, which has had more ups, downs, loops, and spin-arounds than any coaster at Hershey Park.

At 4:00 P.M. yesterday, Governor Wolf released an updated FAQ for Life-Sustaining Business (“Updated FAQ”).  Perhaps the most glaring change is that “[a]ll exemption requests MUST be submitted no later than 5:00 P.M. on Friday, April 3, 2020.”  (Emphasis added.) We have heard the more than 32,000 waiver applications have understandably overwhelmed the Department of Community and Economic Development (“DCED”), which is charged with reviewing waiver applications.

The Updated FAQ has been revised significantly Continue Reading WAIVER DEADLINE & New FAQ Updates for Life-Sustaining Businesses

The Cybersecurity and Infrastructure Security Agency (“CISA”), which executes the Secretary of Homeland Security’s authorities to secure critical infrastructure, updated its guidance on “what is” and “what is not” essential critical infrastructure to include housing construction.  The addition is significant because Governor Wolf ordered all non-life-sustaining businesses in Pennsylvania to close their physical locations, including housing construction job sites, to slow the spread of COVID-19 (“Governor’s Order”).  Interestingly, the Commonwealth’s webpage that provides information on the Governor’s Order specifically references CISA.  It states: “Business guidance has been updated after conversations with businesses, stakeholders, and individuals and has been aligned with the Cybersecurity and Infrastructure Security Agency advisory released.”  Continue Reading Housing Construction: “Essential Critical Infrastructure” Says U.S. Dept. of Homeland Security

During the COVID-19 pandemic, real estate professionals have struggled to get documents notarized while respecting social distancing requirements. The Revised Uniform Law on Notarial Acts (RULONA), after all, requires an individual making a statement or executing a document to “appear personally” before the notarial officer. Recent direction issued by the Department of State which can be found here, however, indicates that the physical presence requirement in RULONA will be relaxed on a temporary basis for certain types of real estate transactions.

For personal residential real estate transactions Continue Reading **UPDATE: In-Person Notary Requirements Relaxed for Real Estate Transactions**