Executive Order No. 116: Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19 (North Carolina, March 10, 2020)

Summary

North Carolina Governor Roy Cooper's Executive Order No. 116, dated March 10, 2020, declares a State of Emergency to coordinate the state's response to COVID-19, citing multiple confirmed cases in North Carolina as of that date. It delegates the Governor's emergency authority to Erik A. Hooks, Secretary of the North Carolina Department of Public Safety, who serves as Chief Coordinating Officer. Its 25 sections include waivers of maximum hours of service and certain height and weight limits for vehicles carrying supplies, the prohibition against excessive pricing under N.C. Gen. Stat. §§ 75-37 and 75-38, the Governor's Novel Coronavirus Task Force on COVID-19, laboratory testing, out-of-state health care licensure, and waivers of purchase and contract rules. The order is effective immediately and remains in effect until rescinded.

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State of North Carolina

ROY COOPER
GOVERNOR

MARCH 10, 2020

EXECUTIVE ORDER NO. 116

DECLARATION OF A STATE OF EMERGENCY TO COORDINATE RESPONSE
AND PROTECTIVE ACTIONS TO PREVENT THE SPREAD OF COVID-19

WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death by
the SARS-CoV-2 virus, which is a new strain of coronavirus previously unidentified in humans and
which can spread from person to person; and

WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency
of International Concern on January 30, 2020; and

WHEREAS, the Centers for Disease Control and Prevention (“CDC”) has warned of the high
public health threat posed by COVID-19 globally and in the United States and has deemed it necessary
to prohibit or restrict travel to areas designated by the CDC; and

WHEREAS, on January 31, 2020, the United States Department of Health and Human
Services Secretary declared a public health emergency in the United States for COVID-19 under
Section 319 of the Public Health Service Act; and

WHEREAS, the North Carolina Department of Health and Human Services (*“NCDHHS”)
confirmed multiple cases of COVID-19 in North Carolina as of March 10, 2020; and

WHEREAS, NCDHHS has organized a Public Health Incident Management Team to manage
the public health impacts of COVID-19 in this state; and

WHEREAS, health insurance companies have begun to waive the costs for COVID-19 testing
and are encouraged to continue to ensure ease of access to health care for diagnostics and treatment
without regard to the issue of cost or a patient’s ability to pay; and

WHEREAS, first responders and health care professionals remain integral to ensuring the state
is best situated to respond to and mitigate the threat posed by COVID-19 and such first responders and
health care professionals should have the availability of all necessary personal protective equipment
and continue to follow all necessary response protocols; and

WHEREAS, N.C. Gen. Stat. §§ 166A-19.10 and 166A-19.20 authorize the undersigned to
declare a state of emergency and exercise the powers and duties set forth therein to direct and aid in
response to, recovery from, and mitigation against emergencies; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(b)(3), the undersigned, with the
concurrence of the Council of State, may regulate and control the flow of vehicular traffic and the
congregation of persons in public places or buildings; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(b)(4), the undersigned, with the
concurrence of the Council of State, may waive a provision of any regulation or ordinance of a state
agency which restricts the immediate relief of human suffering; and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(b)(5), the undersigned, with the
concurrence of the Council of State, may perform and exercise other such functions, powers and duties
as are necessary to promote and secure the safety and protection of the civilian population; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.10(b)(7), the undersigned has authority to
requisition state property and state resources to utilize state services, equipment, supplies and facilities
in response to a state of emergency; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.70, the undersigned may declare that the
health, safety, or economic well-being of persons or property requires that the maximum hours of
service for drivers prescribed by N.C. Gen. Stat. § 20-381 and similar rules should be waived for
essentials, as defined in N.C. Gen. Stat. § 166A-19.70(f)(3), for assisting in the restoration of utility
services; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.70(g), upon the recommendation of the
North Carolina Commissioner of Agriculture and the existence of an imminent threat of severe
economic loss of livestock, poultry or crops ready to be harvested, the Governor shall direct the
North Carolina Department of Public Safety (“DPS”) to temporarily suspend weighing vehicles used
to transport livestock, poultry or crops to include timber ready to be harvested; and

WHEREAS, 49 C.F.R. § 390.23 allows the governor of a state to suspend the rules and
regulations under 49 C.F.R. §§ 390-399 for up to thirty (30) days if the governor determines that an
emergency condition exists; and

WHEREAS, the undersigned, in consultation with the Secretary of NCDHHS, has determined
it is necessary and appropriate to act to ensure that COVID-19 remains controlled and that residents
and visitors in North Carolina remain safe and secure; and

WHEREAS, the undersigned has sought and obtained concurrence from the Council of State
consistent with the Governor’s emergency powers authority in N.C. Gen. Stat. § 166A-19.30.

NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the
laws of the State of North Carolina, IT IS ORDERED:

Section 1. State of Emergency

I hereby declare a State of Emergency, as defined in N.C. Gen. Stat. §§ 166A-19.3(6) and
166A-19.3(19) for the State of North Carolina based on the public health emergency posed by
COVID-19.

The emergency area, as defined in N.C. Gen. Stat. §§ 166A-19.3(7) and 166A-19.20(b) is the
State of North Carolina (the “Emergency Area”).

Section 2. Application

All state and local government entities and agencies are ordered to cooperate in the
implementation of the provisions of this declaration and the provisions of the North Carolina
Emergency Operations Plan (the “Plan”’). ,

Section 3. Delegation of Authority

I delegate to Erik A. Hooks, the Secretary of the North Carolina Department of Public Safety
(“DPS”), or his designee, the power and authority granted to and required of me by Article 1A of
Chapter 166A of the North Carolina General Statutes for the purpose of implementing the Plan and
deploying the State Emergency Response Team to take the appropriate actions necessary to promote
and secure the safety and protection of the populace in North Carolina.

Secretary Hooks, or his designee, shall implement the Plan in coordination with the Secretary
of the Department of Health and Human Services, Dr. Mandy Cohen, and the State Health Director,
Dr. Elizabeth Tilson.

Section 4. Exercise of Powers

Further, Secretary Hooks, as Chief Coordinating Officer for the State of North Carolina, shall
exercise the powers prescribed in N.C. Gen. Stat. §§ 143B-602 and 166A-19.11.
Section 5. Maximum Hours of Service

In order to ensure adequacy and location of supplies and resources to respond to COVID-19,
DPS, in conjunction with the North Carolina Department of Transportation (‘DOT”), shall waive the
maximum hours of service for drivers prescribed by DPS pursuant to N.C. Gen. Stat. § 20-381, if the
driver is transporting medical supplies and other equipment in support of the Plan or other efforts to
address the public health threat posed by COVID-19, through the duration of the State of Emergency
or until further notice.

Section 6. Height and Weight Restrictions

DPS, in conjunction with DOT, shall waive certain size and weight restrictions and penalties
arising under N.C. Gen. Stat. §§ 20-116, 20-118, and 20-119, certain registration requirements and
penalties arising under N.C. Gen. Stat. §§ 105-449.45, 105-449.47, and 105-449.49 for vehicles
throughout the Emergency Area involved in transporting medical supplies and other equipment in
support of the Plan or other efforts to address the public health threat posed by COVID-19.
Furthermore, pursuant to N.C. Gen. Stat. § 20-118.1, DPS shall temporarily suspend weighing vehicles
throughout the Emergency Area used to transport medical supplies and other equipment in support of
the Plan or other efforts to address the public health threat posed by COVID-19. Furthermore, pursuant
to N.C. Gen. Stat. § 20-118.1, DPS shall temporarily suspend weighing vehicles used to transport
livestock, poultry, or crops to include timber ready to be harvested and feed to livestock and poultry in
the Emergency Area.

Section 7. Unwaived Size and Weight Restrictions

]. | Notwithstanding the waivers set forth above in Section 6, size and weight restrictions and
penalties have not been waived under the following conditions:

a. When the vehicle weight exceeds the maximum gross weight criteria established by
the manufacturer (GVWR) or 90,000 pounds gross weight, whichever is less.

b. When the tandem axle weight exceeds 42,000 pounds and the single axle weight
exceeds 22,000 pounds.

c. When a vehicle and vehicle combination exceed twelve (12) feet in width and the total
overall vehicle combination's length exceeds seventy-five (75) feet from bumper to
bumper.

d. Vehicles and vehicle combinations subject to exemptions or permits by authority of
this Executive Order shall not be exempt from the requirement of having (i) a yellow
banner on the front and rear that is seven (7) feet long and eighteen (18) inches wide
and bears the legend “Oversized Load” in ten (10) inch black letters, 1.5 inches wide
and (ii) red flags measuring eighteen (18) inches square on all sides at the widest point
of the load. When operating between sunset and sunrise, a certified escort shall be
required for loads exceeding eight (8) feet 6 inches in width.

Il. Vehicles subject to this Executive Order shall adhere to the following conditions:

a. The size and weight exemption for vehicles will be allowed on all DOT designated
routes, except those routes designated as light traffic roads under N.C. Gen. Stat. § 20-
118. This Order shall not be in effect on bridges posted pursuant to N.C. Gen. Stat. §
136-72.

b. The waiver of regulations under Title 49 of the Code of Federal Regulations (“Federal
Motor Carrier Safety Regulations”) does not apply to the Commercial Drivers’ License
and Insurance Requirements. This waiver shall be in effect for thirty (30) days or the
duration of the emergency, whichever is less.

c. Upon request by law enforcement officers, exempted vehicles must produce
documentation sufficient to establish that their loads are limited to medical supplies
and other equipment to be used in support of the Plan or other efforts to address the
public health threat posed by COVID-19.

Ill. The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections
5 through 8 of this Executive Order in a manner that does not endanger North Carolina
motorists.
Section 8. Additional Transportation Waivers

Vehicles subject to this Executive Order shall be exempt from the following registration
requirements:

a. The requirement to obtain a temporary trip permit and pay the associated $50.00 fee listed
in N.C. Gen. Stat.§ 105-449.49.

b. The requirement of filing a quarterly fuel tax return as the exemption in N.C. Gen. Stat.§
105-449.45(b)(1) applies.

c. The registration requirements under N.C. Gen. Stat.§ 20-382.1 concerning intrastate for
hire authority and N.C. Gen. Stat.§ 20-382 concerning interstate for-hire authority;
however, vehicles shall maintain insurance as required as required by law.

d. Non-participants in North Carolina’s International Registration Plan and International Fuel
Tax Agreement will be permitted to enter North Carolina in accordance with the
exemptions identified by this Executive Order.

Section 9. Consumer Protection

Pursuant to N.C. Gen. Stat. § 166A-19.23, this declaration triggers the prohibition against
excessive pricing as provided in N.C. Gen. Stat. §§ 75-37 and 75-38.

I further hereby encourage the North Carolina Attorney General to use all resources available
to monitor reports of abusive trade practices towards consumers and make readily available
opportunities to report price gouging as well as unfair and deceptive trade practice under Chapter 75
of the North Carolina General Statutes to the public.

Section 10. Task Force

I hereby memorialize the establishment of the Governor’s Novel Coronavirus Task Force on
COVID-19 (‘Task Force”). The Director of Emergency Management and the State Health Director
shall continue to serve as co-chairs of the Task Force. The Task Force shall continue to work with
state, local, and federal partners in responding to challenges posed by COVID-19.

Section 11. State Employee Policy Guidance

a. I hereby authorize hiring of temporary employees and contractors to support NCDHHS
and local health departments in responding to the threats posed by COVID-19.

b. I hereby authorize the State Health Director to monitor areas of concentration of COVID-
19 and make recommendations regarding travel restrictions for travel of state employees
conducting state business. Agencies shall have the authority to cancel, restrict or postpone
travel of state employees as needed to protect the wellbeing of others. Agencies are urged
to cancel travel to restricted areas (as defined by the Division of Public Health of NCDHHS
and the CDC). Exceptions to travel restrictions may be needed based on the unique
circumstances or job duties of state employees.

Section 12. Public Health Surveillance and Control Measures

Notwithstanding the public health authorities in place under Chapter 130A of the North
Carolina General Statutes, | hereby order the State Health Director to work with local health directors
to implement public health surveillance and control measures where appropriate for individuals who
have been diagnosed with or are at risk of contracting COVID-19 in order to control or mitigate spread
of the disease. | hereby order the State Health Director to utilize all authorities under N.C. Gen. Stat.
Chapter 130A to obtain information and records necessary to prevent, control, or investigate COVID-
19.

Section 13. Laboratory Testing

I hereby order the State Health Director to work with the State Laboratory of Public Health to
maximize the availability of laboratory testing for COVID-19.

I further encourage private laboratories and universities to take all reasonable steps to expand
COVID-19 testing capacity.
Section 14. Right of Entry and Disinfection for Local Health Departments and
NCDHHS Secretary

With the concurrence of the Council of State and notwithstanding the public health authorities
in place under Chapter 130A of the North Carolina General Statutes, I hereby grant local health
departments, the Secretary of NCDHHS, and Division of Public Health employees serving the
Secretary of NCDHHS’ agents, and on her direction, a right of entry into public places for the purposes
of assisting with or investigating potential COVID-19 cases or exposure and requiring cleaning and
disinfecting measures to help control transmission of COVID-19.

Section 15. Cleaning of Regulated Facilities

With the concurrence of the Council of State, I hereby waive restrictions related to the type of
product or chemical concentration used to control COVID-19 at facilities whose sanitation is regulated
by NCDHHS, if conducted and handled in a safe manner and approved by the local health department
in consultation with the Division of Public Health of NCDHHS. The State Health Director may issue
additional orders or regulations consistent with the state’s Public Health Law to regulate the sanitation
of public facilities regulated by NCDHHS or local health departments.

Section 16. Out of State Health Care Licensure and Additional Testing Resources

With the concurrence of the Council of State, I hereby temporarily waive North Carolina
licensure requirements for health care and behavioral health care personnel who are licensed in another
state, territory, or the District of Columbia to provide health care services within the Emergency Area.

With the concurrence of the Council of State, and in the interest of alleviating immediate
human suffering, nothing in Subchapters 32B, 32M, or 32S of Article 21 of the North Carolina
Administrative Code shall be interpreted to prevent physicians, nurse practitioners, and physician
assistants from issuing a standing order for qualified agents or employees who are working under the
direct supervision of a physician, physician assistant or nurse practitioner to collect throat or
nasopharyngeal swab specimens from individuals suspected of suffering from a COVID-19 infection,
for purposes of testing.

Section 17, Federal Support
I further direct Secretary Hooks, or his designee, to seek assistance from any and all agencies

of the United States Government as may be needed to address the emergency and seek reimbursement
for costs incurred by the state in responding to this emergency.

Section 18. Local County Public Health Aid Funding Formula

With the concurrence of the Council of State, | hereby grant the Secretary of NCDHHS, or her
designee, the authority to waive the formula requirements of ISA NCAC 18A .2901 and adjust aid-to-
county funding, if a local health department’s resources are diverted in response to COVID-19.

Section 19. Access to State Funds

] hereby order access to the State Emergency Response and Disaster Relief Fund to the extent
necessary to cover costs associated with responding to this State of Emergency as provided in N.C.
Gen. Stat. § 166A-19.42, including but not limited to the substance of this Executive Order.

Section 20. Purchase and Contract Regulation Waivers

With the concurrence of the Council of State, | hereby temporarily waive Sections .0301
through .0317 of Chapter 5B in Title 1 in the North Carolina Administrative Code to the extent
necessary to permit NCDHHS, DPS, and local governmental entities to enter into contracts to secure
resources and equipment needed to respond to COVID-19.

In addition to the provisions in Section I 1, further order all components of state government
to expedite and prioritize the leasing of real property, including but not limited to, laboratories and
health care facilities in order to provide the state with the resources needed to address COVID-19.
Section 21. Cost Sharing Reduction

Pursuant to N.C. Gen. Stat. § 166A-19.30(a)(1), I hereby direct NCDHHS and the North
Carolina Department of Insurance to immediately work with health insurance plans operating in the
state to identify any burdens for testing for COVID-19 as well as access to prescription drugs and
telehealth services, as needed, in order to reduce cost-sharing (including, but not limited to, co-pays,
deductibles, or coinsurance) to zero for all medically necessary screening and testing for COVID-19.

Section 22. Clinical Coverage Policy

With the concurrence of the Council of State, and in order to provide the immediate relief of
human suffering, I hereby temporarily waive the regulatory requirements and suspend the enforcement
of the statutory requirements under N.C. Gen. Stat. § 108A-54.2 for modifications of Medicaid Clinical
Coverage Policy.

I order the NCDHHS, Division of Health Benefits to create coverage policies necessary for
Medicaid and Health Choice Beneficiaries to receive medically necessary services for testing and
treatment of COVID-19 and to create coverage policies or modify existing policies that will allow
beneficiaries to continue to receive necessary services without disruption during the State of
Emergency.

Section 23. Inapplicability of Section 166A-19.30(c)

This Executive Order does not prohibit or restrict lawfully possessed firearms or ammunition
or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages
as provided in N.C. Gen. Stat. § 166A-19.30(c).

Section 24. Distribution

1 hereby order that this Executive Order be: (1) distributed to the news media and other
organizations calculated to bring its contents to the attention of the general public; (2) promptly filed
with the Secretary of DPS, the Secretary of State, and the superior court clerks in the counties to which
it applies, unless the circumstances of the State of Emergency would prevent or impede such filing;
and (3) distributed to others as necessary to ensure proper implementation of this Executive Order.

Section 25. Effective Date

This Executive Order is effective immediately and shall remain in effect until rescinded.

IN WITNESS WHEREOF, | have hereunto signed my name and affixed the Great Seal of
the State of North Carolina at the Capitol in the City of Raleigh, this 10th day of March in the year of
our Lord two thousand and twenty.

| Roy Cooler
Governor

ATTEST:

Elaine F. Marsh
Secretary of eel

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