5 minute read | March.20.2020
On the evening of March 19, 2020, California Governor Gavin Newson issued Executive Order N-33-20, which requires all individuals living in the State of California to stay home or at their place of residence except “as needed to maintain continuity of operations of the federal critical infrastructure sectors,” as outlined by the Cybersecurity and Infrastructure Security Agency (CISA). This order, which applies to 40 million California residents, is intended to slow the spread of the novel Coronavirus (COVID-19). In issuing the Order, Governor Newsom suggested that 56 percent of Californians (more than 25 million people) could be infected over the next eight weeks. Although the Order states it is to go into effect immediately and shall stay in effect until further notice, Governor Newsom also emphasized this is “not a permanent state.”
CISA’s 16 Critical Infrastructure Sectors
CISA identifies 16 critical infrastructure sectors whose assets, systems, and networks are considered so vital to the United States that their incapacitation or destruction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. CISA lists the 16 critical infrastructure sectors on its website, including:
For additional clarity, CISA’s website includes for each sector a sector-specific plan that describe the types of services that are deemed essential within those sectors. Moreover, the Order explains that California may designate additional sectors as “critical” if needed.
Also on March 19, CISA issued “Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in Covid-19 Response.”[1] CISA also issued a series of “FAQs” regarding its guidance, which are available here. As reflected in the list above, CISA’s guidance speaks to both the federal critical infrastructure sectors and the workers needed to maintain it. This indicates that not all workers who perform services in these sectors may be deemed critical, and therefore some individuals may be required to stay home.
Additional Considerations
When can Californians leave their homes?
The Order explains that Californians are permitted to leave their homes to access necessities such as food, prescriptions, and health care. It further explains that if individuals must leave their homes, whether because they are employed in the critical infrastructure sectors or for another permissible reason, they should practice social distancing. In a press conference on March 19, Governor Newsom indicated Californians may still go outside for exercise or (for example) to walk their dogs, but they must practice social distancing. In this regard, the Order appears consistent with the Shelter-In-Place orders issued by six Bay Area counties earlier this week.
Do I still have to follow my California city/county shelter in place order?
As of March 20, over 20 California cities and counties have issued their own shelter in place orders, including:
[1] Although the CISA’s website, to which Executive Order N-33-20 cites, includes “Commercial Facilities” as a critical infrastructure, CISA’s March 19, 2020 guidance does not. Similarly, CISA’s website includes “Dams” as a critical infrastructure sector, although “Dams” is not listed as a separate sector in the guidance. We will continue to monitor for any additional clarification.
[2] See Executive Order N-33-20 (“…all residents are directed to immediately heed the current State public health directives, which I ordered the Department of Public Health to develop for the current statewide status of COVID-19”).