Wednesday evening, Governor Andrew Cuomo issued another Executive Order during this COVID-19 crisis. Executive Order 205 that specifically addresses concerns about persons traveling to New York State from states that are experiencing significant increases in COVID-19 cases. Entitled “Quarantine Restrictions on Travelers Entering New York State”, Executive Order 205 aims to prevent the transmission rate of the novel coronavirus from increasing in New York State. A copy of Executive Order 205 can be found here.
Pursuant to Executive Order 205, the New York State Health Commissioner will issue a travel advisory to be communicated widely at all major points of entry into New York, including on highway message boards and in all New York airports, that provides:
- All travelers entering New York from a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, will be required to quarantine for a period of 14 days consistent with Department of Health regulations for quarantine. Currently, the states that fall within this category are Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Texas and Utah. Washington had been included on this list but was removed when it was determined that they were on the list due to incorrect data;
- The Health Commissioner may issue additional protocols for essential workers, or for other extraordinary circumstances, when a quarantine is not possible, provided such measures continue to safeguard the public health;
- The criteria and the protocols will be coordinated with New Jersey and Connecticut Commissioners of Health, in order to ensure that the tristate area is protected from community transmission of COVID-19, while permitting free travel between and among the states. New Jersey and Connecticut have issued similar travel advisories in their respective states;
- Any violation of a quarantine or isolation order issued to an individual pursuant to the Health Commissioner’s travel advisory by a local department of health or state department of health may be enforced pursuant to article 21 of the public health law, and non-compliance may additionally be deemed a violation pursuant to section 12 of the public health law subject to a civil penalty of up to $10,000;
- The Health Commissioner shall make public the impacted jurisdictions on its website; and
- The travel advisory is effective at 12:01 a.m. on June 25, 2020, until rescinded by the Health Commissioner.