SF 4557

as introduced - 91st Legislature (2019 - 2020) Posted on 05/05/2020 07:39am

A bill for an act
relating to economic development; providing a process for allowing certain low-risk
businesses to safely reopen during a peacetime emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin LOW-RISK BUSINESS OPERATION DURING PEACETIME
EMERGENCY; WAIVER PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Business" means any for-profit or nonprofit business entity that due to an executive
order or orders issued during a peacetime public health emergency period was required to
either significantly reduce operation of the business or cease all operation of the business
during the effective period of the executive order or orders.
new text end

new text begin (c) "Commissioner" means the commissioner of employment and economic development.
new text end

new text begin (d) "Department" means the Department of Employment and Economic Development.
new text end

new text begin (e) "Low-risk business" means a business that has been determined to have the potential
to operate in a safe manner either at full capacity or reduced capacity during a peacetime
public health emergency period.
new text end

new text begin (f) "Peacetime public health emergency period" means the duration of any peacetime
emergency declared by the governor in an executive order that relates to COVID-19, but
ending no later than January 31, 2021.
new text end

new text begin Subd. 2. new text end

new text begin Identification of low-risk businesses; waiver application. new text end

new text begin (a) The
commissioner, in consultation with the commissioner of health, shall identify businesses,
by type or category, that are either low risk or could adopt procedures to make the business
low risk for putting the health and safety of a business owner, workers, and the general
public at risk due to potential exposure of the owner, workers, and the general public to
COVID-19.
new text end

new text begin (b) By April 30, 2020, the commissioner shall make available on the department's website
a list of the low-risk business categories identified that are eligible to apply for a waiver for
safe operation during a peacetime public health emergency period under this section.
new text end

new text begin (c) The commissioner shall develop an application and waiver process for low-risk
businesses to submit a plan for safe operation during a peacetime emergency. The application
shall be made available in an easily accessible format on the department's website.
new text end

new text begin Subd. 3. new text end

new text begin Application; plan requirements. new text end

new text begin A low-risk business seeking to obtain a
waiver to operate during a peacetime emergency shall submit to the commissioner a plan
for safe operation that includes the following:
new text end

new text begin (1) the name, location, and mailing address of the business;
new text end

new text begin (2) the name and contact information of the waiver applicant;
new text end

new text begin (3) a description of the type or category of business;
new text end

new text begin (4) a proposal to minimize, or eliminate if possible, physical interactions among
employees and with and between customers;
new text end

new text begin (5) a strategy to ensure that appropriate health, hygiene, and safety measures are in place
in work areas, which may include but are not limited to:
new text end

new text begin (i) limiting, or eliminating if possible, physical interaction between employees, through
such measures as physical distancing, split shifts, staggered meal breaks, and flexible working
arrangements;
new text end

new text begin (ii) limiting, or eliminating if possible, physical interaction with and between customers,
through such measures as taking online or phone orders, contactless delivery or managed
entry, and physical distancing both inside and outside the business premises;
new text end

new text begin (iii) encouragement and education about hygiene basics of handwashing and use of
sanitizers;
new text end

new text begin (iv) frequent cleaning of work areas and business premises, especially counters and other
frequently touched surfaces; and
new text end

new text begin (v) the use of protective equipment for staff as appropriate;
new text end

new text begin (6) a plan to limit business activity to only what is necessary during the peacetime public
health emergency period;
new text end

new text begin (7) any other information the commissioner requests to assist in making a determination
regarding the safe operation of the business; and
new text end

new text begin (8) a statement of agreement that the business will meet any testing protocols established
and comply with other safety recommendations made by the commissioner of health or by
the Centers for Disease Control and Prevention related to COVID-19.
new text end

new text begin Subd. 4. new text end

new text begin Waiver; issuance. new text end

new text begin (a) Within five business days of the date the commissioner
receives an application and plan under subdivision 3, the commissioner shall issue or deny
a waiver to operate under this section.
new text end

new text begin (b) The commissioner of health shall provide technical assistance to the commissioner
as needed to approve submitted plans.
new text end

new text begin (c) The commissioner must provide written communication regarding incompleteness
to a business as soon as practicable after the business submits a plan.
new text end

new text begin (d) A business receiving a waiver to operate must post the waiver issued by the
commissioner at the place of business so that the waiver is easily visible to the public.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin A waiver for safe operation issued under this section may be
rescinded if a business that was issued a waiver does not adhere to the safe operation plan
filed by the business with the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end