NM Governor’s Extended Public Health Orders

The New Mexico Governor’s New Public Health Executive Orders

December 2, 2020 to December 30, 2020

Full Public Health Order Here

Re-opening of businesses in the state of New Mexico, as of today, December 2, is now determined by a tiered county system. Each county is classified either Red, Yellow or Green. The most restrictive red phase is relaxed somewhat from the full 2 week shutdown that ended today, but it is still extremely restrictive and not yet up to the original Phase 1 guidelines. There were originally 3 Phases for safe re-opening given by the state in May. Each phase relaxed restrictions more than the one prior. Most states went into Phase 3 of their re-opening plans by July. New Mexico however, has remained in the preparation stage since March, not yet being allowed to enter into Phase 1. Now the phases have changed and the color charts have been introduced. It has been confusing to businesses, residents and guests, as the guidelines have changed on a regular basis. All of the counties in New Mexico are now considered red with the exception of San Miguel County who is yellow.

How is each level determined?

The two key health metrics that are used to determine where a county sits within the tiered framework are pulled identified within the state’s gating criteria, the set of public health data points tracked and measured by the state Medical Advisory Team and others: The per-capita incidence of new COVID-19 cases and average COVID-19 test positivity over a statistically meaningful period of time. These are also the same metrics the state has used to classify counties for the purposes of gauging the risk level for limited public school re-openings and limited nursing home visitations.

Counties at the Green Level must have both a new COVID-19 case incidence rate of no greater than 8 cases per 100,000 inhabitants during the most recent two-week period, and an average percent of positive COVID-19 test results over the most recent 14-day period less than or equal to 5%.

Counties at the Yellow Level must have either a new COVID-19 case incidence rate of no greater than 8 cases per 100,000 inhabitants during the most recent two-week period, or an average percent of positive COVID-19 test results over the most recent 14-day period less than or equal to 5%.

Counties at the Red Level are those with a new COVID-19 case incident rate of greater than 8 cases per 100,000 inhabitants during the most recent two-week period and an average percent of positive COVID-19 test results over the most recent 14-day period greater than 5%.

These data are measured and kept at cv.nmhealth.org. It is to be updated on Wednesdays every 2 weeks.

RED LEVEL

Rules for counties at the Red Level are those with a new COVID-19 case incident rate of greater than 8 cases per 100,000 inhabitants during the most recent two-week period and an average percent of positive COVID-19 test results over the most recent 14-day period greater than 5%.

• Essential businesses (non-retail): No capacity restrictions but must limit operations to only those absolutely necessary to carry out essential functions
• Essential retail spaces: 25% of maximum capacity or 75 customers at one time, whichever is smaller
• Food and drink establishments: No indoor dining permitted; 25% of maximum capacity for outdoor dining; any establishment serving alcohol must close by 9:00 pm each night
• Close-contact businesses: 25% of maximum capacity or 10 customers at one time, whichever is smaller
• Outdoor recreational facilities (this includes ski basins): 25% of maximum capacity (unless required to have less capacity under the state’s COVID Safe Practices. Each business in each category must comply with their individual safe practices set by the state. See here: Guidelines for Each Category Here
• Close-contact recreational facilities: Must Remain closed
• All other businesses: 25% of maximum capacity or 75 customers at one time, whichever is smaller
• Houses of worship: 25% of maximum capacity
• Places of lodging: 40% of maximum occupancy for those that have completed NM Safe Certified training; 25% of maximum occupancy for all others; 5 guests maximum for vacation rentals
• Mass gatherings limit: 5 persons and no more than10 vehicles may attend an in-car gathering

YELLOW LEVEL

Counties at the Yellow Level have either a new COVID-19 case incidence rate of no greater than 8 cases per 100,000 inhabitants during the most recent two-week period, or an average percent of positive COVID-19 test results over the most recent 14-day period less than or equal to 5%.

• Essential businesses (non-retail): No capacity restrictions but operations must be limited to only those absolutely necessary to carry out essential functions
• Essential retail spaces: 25% of maximum capacity or 125 customers at one time, whichever is smaller
• Food and drink establishments: 25% of maximum capacity for indoor dining; 75% of maximum capacity for outdoors dining; any establishment serving alcohol must close by 10 p.m. each night
• Close-contact businesses: 25% of maximum capacity or 20 customers at one time, whichever is smaller
• Outdoor recreational facilities: 25% of maximum capacity (unless required to have less capacity under the state’s COVID-Safe Practices)
• Close-contact recreational facilities: Remain closed
• All other businesses: 25% of maximum capacity or 125 customers at one time, whichever is smaller
• Houses of worship: 25% of maximum capacity
• Places of lodging: 60% of maximum occupancy for those that have completed NM Safe Certified training; 25% of maximum occupancy for all others; 5 guests maximum for vacation rentals
• Mass gatherings limit: 10 persons; 25 vehicles

GREEN LEVEL

Counties at the Green Level have both a new COVID-19 case incidence rate of no greater than 8 cases per 100,000 inhabitants during the most recent two-week period, and an average percent of positive COVID-19 test results over the most recent 14-day period less than or equal to 5%.

• Essential businesses (non-retail): No capacity restrictions but operations must be limited to only those absolutely necessary to carry out essential functions
• Essential retail spaces: 50% of maximum capacity
• Food and drink establishments: 50% of maximum capacity for indoor dining; 75% of maximum capacity for outdoor dining
• Close-contact businesses: 50% of maximum capacity
• Outdoor recreational facilities: 50% of maximum capacity (unless required to have less capacity under the state’s COVID-Safe Practices)
• Close-contact recreational facilities: Still Remain closed
• All other businesses: 50% of maximum capacity
• Houses of worship: 50% of maximum capacity
• Places of lodging: 75% of maximum occupancy for those that have completed NM Safe Certified training; 40% of maximum occupancy for all others; 10 guests maximum for vacation rentals
• Mass gatherings limit: 20 persons, 100 vehicles