COVID-19 UPDATE: Governor Baker Announces New Restrictions Designed to Curb the Spike of COVID-19: Business Capacity, Gathering Limits, and Hospital Requirements Updated

Today, Governor Baker announced new statewide restrictions designed to curb the recent spike in COVID-19 cases in Massachusetts. These restrictions will go into effect starting Saturday, December 26 and be in place for at least 2 weeks. It is the goal of the Baker-Polito Administration to keep these measures temporary, but extensions may be required based on public health data. 

New Business Restrictions

The new statewide requirements include, but are not limited to:

  • Indoor and outdoor gathering limits for private property, public spaces and event venues have been reduced to 25 people outdoors and 10 people indoors.
  • Office limitations will be reduced to 25% of total capacity.
  • Capacities for restaurants, personal services, retail, libraries, lodging, theaters, performance venues, places of worship, museums, cultural facilities and others will be reduced to 25%.
  • Workers and staff will not count towards the occupancy count for restaurants, personal services, places of worship and retail businesses such as grocery stores.
  • All other sector-specific guidance remains in place.

For the most up-to-date guidance, requirements and information on the Commonwealth’s COVID-19 response, please visit: mass.gov/reopening.

Updated Hospital Guidance

In order to preserve bed capacity, today it was also announced that effective 12:01am on December 26, all hospitals must postpone or cancel all non-essential in-patient elective invasive procedures, unless postponement would lead to high-risk or significant clinical decline of an individuals health. Additionally, hospitals are advised not to schedule new in-patient non-essential elective procedures until further notice by the Department of Public Health. Ambulatory, outpatient treatment, and preventive procedures (such as mammograms or cancer screenings) are not impacted. In-patient and emergency services are also not affected by this order.

Boston Mayor Marty Walsh Announces a City-Wide Rollback to Modified Phase II: Greater Boston Communities Expected to Follow Suit

Today, Mayor Marty Walsh announced that the City of Boston will rollback to a modified Phase II based on the most recent public health metrics for a minimum of 3 weeks. In his announcement, Mayor Walsh also indicated that Lynn, Newton, Somerville, Brockton, Winthrop, and Arlington are moving forward with similar actions today. In the City of Boston, these actions go into effect on Wednesday, December 16.
Changes in this update include but are not limited to:

  • Museums, movie theaters, aquariums, and indoor event spaces will temporarily close to in-person use.
  • Indoor recreational and athletic facilities will close for general use.
  • Indoor facilities for lower contact activities will also temporarily close, including bowling alleys, batting cages, driving ranges, and rock climbing gyms.

Activities that continue as part of Phase II include:

  • Retail stores and personal services like hair salons and barber shops can remain open.
  • Office space will remain limited to 40% capacity.

Additionally, indoor dining at restaurants and bars may continue, with strict adherence to City Guidelines and State Sector Specific Protocols.

Recent Statewide Actions

As a reminder, last week Governor Baker announced a statewide rollback to Phase III, Step 1 in the Commonwealth’s Reopening Plan. In the Executive Order, Governor Baker also announced updates to the the protocols governing workspaces, restaurants and indoor dining, and office capacities. These requirements went into effect on Sunday, December 13.
Sector specific guidance has been updated. All information related to Massachusetts’ Reopening Plan can be found by visiting mass.gov/reopening.

COVID-19 Update: Governor Announces Statewide Rollback to Step III, Phase 1 Reopening; Workplace, Office, Retail and Restaurant Guidance Revised; DPH Releases Updated Return to Work Guidance

The Baker-Polito Administration announced several actions yesterday and today in an effort to contain the recent COVID-19 case rise in the Commonwealth.

Governor Announces Statewide Rollback to Phase III, Step 1
This afternoon, Governor Baker announced a statewide rollback to Phase III, Step 1 in the Commonwealth’s Reopening Plan. In the Executive Order, Governor Baker also announced updates to the the protocols governing workspaces, restaurants and indoor dining, and office capacities. These requirements will go into effect on Sunday, December 13.

Changes in this update include but are not limited to:

  • Gyms, stores, offices, and church capacity will be reduced to 40%.
  • The maximum indoor capacity for private gatherings remains at 10 people, while the maximum outdoor capacity for private gatherings will now be 25. The full revised gatherings order can be found by clicking here.
  • Restaurant table capacity will be reduced to 6 persons and total dining time will be limited to 90 minutes.
  • Restaurant diners will be required to wear masks unless actively eating or drinking.
  • Workers will be required to wear masks in all common areas and meeting rooms even where 6ft. social distancing guidelines can be maintained.
  • Employers are asked to allow remote work and telecommuting where possible.

Sector specific guidance will be updated to reflect these changes this week. All information related to Massachusetts’ Reopening Plan can be found by visiting mass.gov/reopening.

DPH Releases Revised Return to Work Guidance
On December 7, 2020, the Department of Public Health revised its return to work guidance, which outlines when workers should quarantine or isolate, and provides guidance on when isolation can end. The guidance also outlines qualifying circumstances that could potentially shorten a strict quarantine period.

An earlier posting of this update incorrectly indicated that restaurant capacity would be decreased to 40%. The post was updated on December 8, 2020 @ 5:25pm.

COVID-19 Update: Governor Baker Announces Phase 3 Start Date, Amends E.O. Tolling State Permits; SJC Releases Updated Operations Order; DPU Begins Energy Relief Plan for C&I Customers; MBTA Announces Flex Pass Pilot

Governor Baker Announces Phase 3 Start Date

Today Governor Baker announced that Phase 3 will begin on Monday, July 6. While Phase 3 is anticipated to be in place until there is an effective treatment or vaccine for COVID-19, Governor Baker indicated that Phase 3 will be implemented in two steps.

Businesses allowed to reopen at this point in Phase 3 include but are not limited to:

  • Fitness Centers and Health Clubs
  • Museums and Aquariums
  • Movie Theaters and Performance Halls (at limited capacity)
  • Casinos (with additional minimum protocols set by the Massachusetts Gaming Commission)

Additionally, the Baker-Polito Administration has updated the guidance related to gatherings. The new guidance related to indoor gatherings will allow eight people per 1000SF, with a maximum of 25 people. Outdoor enclosed gatherings will be limited to 25% of the capacity, with a maximum of 100 people. This updated guidance will be effective Monday, July 6, except for the City of Boston, where it will be implemented Monday, July 13. For all guidance, orders and updates related to the Commonwealth’s reopening plan please visit: www.mass.gov/reopening

Governor Baker Amends State Permit Tolling Order

This morning, Governor Baker signed an Executive Order rescinding and replacing his March 26 Order to suspend relevant permitting deadlines and extend out the validity of state permits.

Importantly, this updated order addressed NAIOP’s significant concerns with the previous order’s appeals language. In the updated order, any individual whose right to appeal would have expired between March 10, 2020 and July 1, 2020 shall have until August 10, 2020 to proceed with their appeal. Any person whose right to appeal expires after July 1, 2020 will be held to the regular or statutory deadline, or by August 10, 2020, whichever is later.

NAIOP advocated strongly for this Executive Order given the extraordinary impact of the previous order on projects throughout the Commonwealth, and we were pleased to see our concerns addressed in the final language. A huge thank you to the NAIOP members who provided their expertise and insight throughout this process.

SJC Releases Updated Order Regarding Court Operations

On June 24, the Massachusetts Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials and limiting court house access until at least July 13, 2020. In addition, the order affirmed that there will be no further extensions of deadlines or civil statutes of limitations beyond June 30, 2020, “unless there is a new surge in COVID-19 cases in the Commonwealth and the SJC determines a new or extended tolling period is needed) and that appeal periods on local permits will begin to run on July 1, 2020.

DPU Begins Energy Relief Plan for Commercial and Industrial Customers

On June 26, the Massachusetts Department of Public Utilities (DPU) approved the commencement of a program designed to assist companies that have fallen into arrears on gas or electricity payments during the COVID-19 pandemic. Full implementation of the program will begin after the March 10 State of Emergency is lifted and current customer protections expire. The Customer Outreach Plan will consist of four phases. You can read the full order by clicking here. Any company having trouble paying their electric or gas bills due to COVID-19 should contact their distribution company for further information.

MBTA Announces Five-Day Flex Pass Pilot for Commuter Rail mTicket

Yesterday, July 1, the MBTA began the new Five-day Flex Pass on mTicket pilot, a program designed to allow greater flexibility for commuter rail passengers as employers and employees explore staggered schedules and telework policies due to the COVID-19 pandemic. The pilot will take place from July 1 – September 30, 2020 and is only available within the mTicket app. Once purchased, the Flex Pass provides five one-day passes that can be used at any time in a 30-day period. This pass, available for all zones and interzones, is a 10% discount when compared to five round-trip tickets.

COVID-19 Update: Boston Announces Office Reopening Framework

Today, Mayor Marty Walsh announced a new framework for all office spaces located within Boston. Starting June 1, office spaces located within the City of Boston will be required to limit capacity to no more than 25 percent of the maximum occupancy level during phase 1. This framework is in place as an operational recommendation to be used as a reference in line with Federal and State-wide mandates.

These operational recommendations apply to operations during Phase 1 of the Commonwealth’s phased reopening plan, and are subject to revision and modification during subsequent phases or as necessitated by public health considerations. The City’s operational recommendations include, but are not limited to:

  • Identify and clearly communicate a workplace coordinator who will be responsible for COVID-19 and the impact to the workplace.
  • Providing personal protective gear for any employee whose job functions requires it, as identified in the hazard assessment, including training on how to put on and remove equipment safely.
  • Limiting the number of people in an elevator at a time to no more than four. All individuals must wear face coverings in elevators, except where unsafe due to medical condition or disability.
  • Stair usage should be limited to one direction (down) except in cases of emergency.
  • Regular sanitization of handrails, buttons, door handles and other high-touch frequency areas.
  • Establish accommodation and leave policies for employees that are consistent with federal standards.

We encourage all of our members and member-organizations to review the City’s framework. These operational recommendations incorporate the Commonwealth’s Sector Specific Workplace Safety Standards for Office Spaces and supplement them with recommendations based on guidance from the CDC, U.S. Chamber of Commerce, and industry associations to offer best practices for preparing and returning to the physical workplace, preparing your workforce, and ensuring continuity of operations. NAIOP presented to the City regarding Industry Best Practices and we are pleased to see that many of our recommendations have been incorporated into this guidance.

The Mayor has made it very clear that the City hope’s employees who can work from home continue to do so throughout this recovery in order to limit potential exposure and allow for a successful and resilient reopening.

NAIOP will continue to advocate for policies, Executive Orders and legislation that address how this public health crisis is affecting real estate and overall economic development. We are working on numerous initiatives. Please feel free to reach out to CEO Tamara Small or Government Affairs Associate Anastasia Nicolaou if you have any questions.