4/23/2020 As lawmakers seek to exempt construction from governor’s shutdown order, Wolf doubles down – The PLS Reporter

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4/23/2020 As lawmakers seek to exempt construction from governor’s shutdown order, Wolf doubles down – The PLS Reporter

https://theplsreporter.com/as-lawmakers-seek-to-exempt-construction-from-governors-shutdown-order-wolf-doubles-down/ 2/6

BY: JUSTIN SWEITZER(HTTPS://THEPLSREPORTER.COM/AUTHOR/JUSTINSWEITZERMYPLS-COM/) APRIL 2, 2020

Governors across the country have restricted businessoperations and limited social gatherings in an attemptto curtail the spread of the novel coronavirus. ButPennsylvania Gov. Tom Wolf is resisting pushbackfrom critics who say his administration’s list ofbusinesses that may remain open during the COVID-19 outbreak is arbitrary and overly-restrictive.

The March 19 order urging all “non-life-sustaining”businesses to close has left some industries — like theconstruction trades — calling on Wolf to make theorder more �exible. The administration responded byimplementing a waiver process that allows theDepartment of Community and EconomicDevelopment to make case-by-case determinations onwhether a business can remain open or not. 

But some lawmakers and construction industryleaders say the case-by-case waivers don’t go farenough. House Speaker Mike Turzai (R-Allegheny) ispushing legislation that would require DCED to issuean industry-wide waiver exempting public and privateconstruction from Wolf’s order, as long as they complywith social distancing guidelines set by the Centers forDisease Control and Prevention.

Turzai says the legislation, House Bill 2400, has over100 co-sponsors and could receive a committee voteas early as next week.

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4/23/2020 As lawmakers seek to exempt construction from governor’s shutdown order, Wolf doubles down – The PLS Reporter

https://theplsreporter.com/as-lawmakers-seek-to-exempt-construction-from-governors-shutdown-order-wolf-doubles-down/ 3/6

“Folks need purpose and hope. They need jobs to takecare of themselves and their families,” Turzai said in astatement. “We need to allow economic activity thatcan be safely done following CDC protocols formitigation to move forward. Let’s start withconstruction. Projects started, small and large, needto continue. Mitigation efforts are or can be put inplace.”

A spokesperson for Wolf said Thursday that thegovernor does not support Turzai’s legislation.

Construction leaders largely share Turzai’sassessment. Jon O’Brien, the executive director of theKeystone Contractors Association, told The PLSReporter that the General Contractors Association ofPennsylvania has developed a COVID-19 safety plan(https://www.keystonecontractors.com/resources/Documents/PA%20COVID%2019%20Plan%20for%20Construction.pdf?mc_cid=e7de6cda95&mc_eid=f469f422e6) thatcontractors intend to use if they are allowed to goback to work. 

The plan outlines a number of precautions thatcontractors would take, including setting uphandwashing stations, altering schedules to reduceperson-to-person contact, conduct risk and taskhazard analyses for projects and job sites, while alsodisinfecting reusable supplies and equipment. 

O’Brien said that the GCAP safety plan, coupled withthe fact that many job sites like schools and otherbuildings are now unoccupied due to businessclosures, presents an opportunity to continueconstruction in a safe manner. 

“I think we all want the same thing. We want ahealthy Pennsylvania, we want a strong economy inPennsylvania and we feel that we have the righttechnique, procedures and practices in place to makesure our workers are safe on job sites,” O’Brien said. 

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4/23/2020 As lawmakers seek to exempt construction from governor’s shutdown order, Wolf doubles down – The PLS Reporter

https://theplsreporter.com/as-lawmakers-seek-to-exempt-construction-from-governors-shutdown-order-wolf-doubles-down/ 4/6

Other states have been more lenient with whatconstruction is allowed to continue. New York Gov.Andrew Cuomo’s list of essential businesses(https://esd.ny.gov/guidance-executive-order-2026) includes emergency construction, work onhealth care facilities, roads and bridges, as well asaffordable housing and homeless shelters. Meanwhile,Maryland Gov. Larry Hogan listed commercial andresidential construction companies(https://governor.maryland.gov/wp-content/uploads/2020/03/OLC-Interpretive-Guidance-COVID19-04.pdf) as essential businessesunder his order.

Wolf’s list of life-sustaining businesses originally onlyallowed for emergency repairs, but it has since beenamended to allow for construction at health carefacilities. O’Brien added that Wolf’s of�ce has saidthat construction projects at Pennsylvania schools arenot subject to the business closure order. 

To date, the administration has received over 34,000requests for waivers and approved over 15,000,according to the Department of Community andEconomic Development. Over 8,600 waiver requestshave been denied. The department also determinedthat another 8,000 businesses do not need waiversunder the governor’s order, a departmentspokesperson said. 

O’Brien said that while the waiver process is well-meaning, it’s not being executed as effectively as somewould like. He pointed to contractors who submittedthe same waiver requests to DCED multiple times,only to have them denied at �rst but approved later bydifferent staff members. 

“I think the governor’s intentions are in the rightplace for sure,” O’Brien said, noting that theadministration’s decision to issue waivers on a case-by-case basis demonstrates that the order was toorestrictive. “I think we’re seeing now that perhaps thisshotgun approach wasn’t the best approach.”

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4/23/2020 As lawmakers seek to exempt construction from governor’s shutdown order, Wolf doubles down – The PLS Reporter

https://theplsreporter.com/as-lawmakers-seek-to-exempt-construction-from-governors-shutdown-order-wolf-doubles-down/ 5/6

But while DCED will be �elded waiver applicationsthrough April 3, the relief that Turzai and otherlawmakers are looking for isn’t going to get supportfrom Wolf. 

Lyndsay Kensinger, a spokesperson for the governor,told The PLS Reporter that Wolf does not supportexempting public and private construction from hisorder, suggesting that it could lessen the impact of hisefforts to reduce the spread of COVID-19.

Kensinger said that claims that attempt to framePennsylvania as an outlier with its approach toconstruction are “completely false,” adding that theNational Governors Association has sought guidancefrom the Wolf Administration on COVID-19mitigation efforts.

“The governor’s highest priority remains protectingPennsylvanians’ health and safety as the state worksto mitigate the spread of COVID-19. As we prepare forthe surge, we should be focused on theimplementation of our mitigation plan,” Kensingersaid. “Now is not the time to ease up on strongmitigation tactics that can help �atten the curve andease the burden likely to be placed on our healthcaresystem.”

Justin Sweitzer is a State Government Reporter for ThePLS Reporter. Have a question, comment or tip? Email:justinsweitzer@mypls.com(mailto:justinsweitzer@mypls.com).

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4/23/2020 As lawmakers seek to exempt construction from governor’s shutdown order, Wolf doubles down – The PLS Reporter

https://theplsreporter.com/as-lawmakers-seek-to-exempt-construction-from-governors-shutdown-order-wolf-doubles-down/ 6/6

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