COVID-19: Where Things Stand as of June 24, 2021 – MRSC

June 24, 2021 by Jill Dvorkin Category: Open Public Meetings Act , Utilities - Billing and Collection , Operating Policies , COVID-19

Washington State is just days away from the much-anticipated June 30 reopening of the economy, first announced by Governor Jay Inslee in May. In advance of the official reopening, the governor has been amending guidance and easing industry-specific restrictions. Day-to-day life is feeling more normal than at any time since the start of the pandemicthanks to increased vaccination rates and a decreased prevalence of the COVID-19 disease.

This blog sets forth our understanding of where things stand now and what things may look like starting June 30. We dont know all the details yet, so some of this information is speculative based on what weve been hearing from the state and other organizations. We will publish a new blog post and e-newsletter on or around June 30 once the state has made the official announcements. We also post updates to our COVID-19 Governors Proclamations and State Guidance page as they become available, so feel free to bookmark that page.

All employers (including local governments) are required to follow Department of Labor & Industries (L&I) COVID-19 Safety and Health Requirements and Guidance, which includes worker education, basic sanitation requirements, and mask and social distancing requirements for unvaccinated employees (see our blog post Face Masks in the Local Government Workplace).

In addition to these L&I rules, the governor had developed guidance specific to various industries and activities. The governor has recently rescinded and/or consolidated guidance for several of these industries and activities, including construction, manufacturing, and outdoor recreation, as outlined in this memo. The guidance that remains in effect can be found in the COVID-19 Reopening Guidance for Businesses and Workers. The two guidance documents weve referenced most with regard to local government operationsthe Professional Servicesand Miscellaneous Venues guidance (both updated on June 2)remain in effect at this time. The Miscellaneous Venues guidance continues to apply to public meetings, as set forth in the OPMA Proclamation 20-28.14 as extended by Proclamation 20-28.15 (which also remains in effect). See our blog post Face Masks and In-Person Public Meetings for current guidance on public meetings.

The governor announced this week that he isrescinding three emergency proclamationsrelated to COVID-19, including Proclamation 20-46 et seq. regarding high-risk workers.Proclamation 20-46.4rescinds this proclamation effective 11:59 PM on June 28, 2021. The proclamation has been substantially replaced byESSB 5115, the Health Emergency Labor Standards Act (HELSA), which took effect May 11, 2021. For more information on HELSA, see the Department of Labor & IndustriesQ&A on Protecting High-Risk Employees from Discrimination During Public Health Emergencies.

The other proclamations rescinded were Proclamation 20-30, which had suspended statutory job search requirements for applicants seeking unemployment benefits, and Proclamation 20-76, which limited fees that third-party delivery services could charge restaurants.

The existing state eviction moratorium expires June 30, 2021, but the governor has announced that there will be a new eviction moratorium bridge in place from July 1-September 30. This will not be an extension of the existing moratorium, but rather a new order with new provisions to support renters and landlords until resources and programs become available and to allow for a transition to the tenant protections established in E2SSB 5160. The full proclamation and details will be released in coming days, but the governors news release provides a summary.

Other new legislation impacting evictions include HB 1236 (effective May 10, 2021), which sets forth a series of just causes for landlords to pursue eviction, including nonpayment of rent and utilities, violations of nuisance clauses, or if the owner intends to occupy or sell the unit, and E2SHB 1277 (effective July 25, 2021), which provides funding for state rental assistance programs.

Some local jurisdictions are also extending their own eviction moratoriums, such as Kirkland (see Ordinance No. O-4759) and Kenmore (see Emergency Rule 20-03.6 and Ordinance No. 21-0525, which prohibits landlords from pursuing collection unless they have certified they have made good faith efforts to obtain rental assistance and includes a required certification form).

The utility shutoff and late fee prohibitions in Proclamation 20-23.15 are still in effect through 11:59 PM on July 31, 2021, or the termination of the governors state of emergency, whichever comes first. The federal government has approved funding to provide relief to utilities and utility customers for more information, see our blog posts New Federal Funding for Rent and Utility Assistance and American Rescue Plan Provides More Relief to Local Governments.

While we expect significant easing of restrictions starting June 30, 2021, we do not expect the declaration of emergency set forth in February 2020 through Proclamation 20-05 to be rescinded yet. Governor Inslees press release announcing the reopening included the clarification that the announcement does not mean that Washingtons state of emergency will lift on June 30.

Here is what we understand things may look like starting June 30, however we do not have confirmation:

Regarding public meetings, our current understanding is that the OPMA Proclamation 20-28.15 will remain in effect. This means there will continue to be a remote meeting requirement, with an optional in-person component. However, we expect most restrictions for the in-person component to be lifted, consistent with any changes to the Miscellaneous Venues guidance. Masking will probably remain a requirement for unvaccinated individuals per the Washington State Secretary of HealthsOrder 20-03.2regarding facial coverings, and likely social distancing recommendations for unvaccinated attendees per CDC guidance.

As stated earlier, well publish a new blog post around June 30 once we have more details, so stay tuned for more information. In the meantime, check our COVID-19 Governors Proclamations and State Guidance page for additional updates.

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COVID-19: Where Things Stand as of June 24, 2021 - MRSC