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2 <br />gradual reopening of certain non-critical businesses that planned for and provided safe <br />workplaces. <br />Our increased preparedness to treat those most vulnerable to COVID-19 allows us to continue <br />slowly and safely reopening our economy in accordance with guidance from MDH, the <br />Department of Employment and Economic Development (“DEED”), and the Department of <br />Labor and Industry (“DLI”). Businesses reentering the economy must ensure compliance with <br />the Minnesota Occupational Safety and Health Act of 1973, Minnesota Statutes 2019, Chapter <br />182 (“Minnesota OSHA Standards”), in addition to guidelines related to COVID-19 set forth by <br />MDH and the Centers for Disease Control and Prevention (“MDH and CDC Guidelines”). <br />Despite the progress we have made since declaring the COVID-19 peacetime emergency, certain <br />establishments—including those in which people gather and linger, those with communal <br />facilities, and those in which close physical contact is expected—continue to pose a public health <br />risk. We continue to carefully consider and provide opportunities for such businesses to scale up <br />their operations. <br />Likewise, certain non-work activities outside of the home are conducive to social distancing and <br />hygiene, while others raise significant public health risks. Indoor activities pose higher risks than <br />outdoor activities. Activities resulting in increased respiration rates pose higher risk than <br />sedentary activities. Unpredictable settings are riskier than more predictable settings. Large <br />social gatherings for extended time periods increase the risk of transmission between households. <br />But the risks of transmission are diminished in transitory settings, such as retail establishments, <br />where individual interactions and contact are more limited in duration. <br />In Minnesota Statutes 2019, section 12.02, the Minnesota Legislature conferred upon the <br />Governor emergency powers to “(1) ensure that preparations of this state will be adequate to deal <br />with disasters, (2) generally protect the public peace, health, and safety, and (3) preserve the <br />lives and property of the people of the state.” Pursuant to Minnesota Statutes 2019, section <br />12.21, subdivision 1, the Governor has general authority to control the state’s emergency <br />management as well as carry out the provisions of Minnesota’s Emergency Management Act. <br />Minnesota Statutes 2019, section 12.21, subdivision 3(7), authorizes the Governor to cooperate <br />with federal and state agencies in “matters pertaining to the emergency management of the state <br />and nation.” This includes “the direction or control of . . . the conduct of persons in the state, <br />including entrance or exit from any stricken or threatened public place, occupancy of facilities, <br />and . . . public meetings or gatherings.” Pursuant to subdivision 3 of that same section, the <br />Governor may “make, amend, and rescind the necessary orders and rules to carry out the <br />provisions” of Minnesota Statutes 2019, Chapter 12. When approved by the Executive Council <br />and filed in the Office of the Secretary of State, such orders and rules have the force and effect of <br />law during the peacetime emergency. Any inconsistent rules or ordinances of any agency or <br />political subdivision of the state are suspended during the pendency of the emergency <br />For these reasons, I order as follows: <br />1. Executive Order 20-63 is rescinded as of Tuesday, June 9, 2020 at 11:59 pm.