S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   59

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the state finance law, the economic development law, the
  general  municipal  law and the public authorities law, in relation to
  considering net economic impact in procurement contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "competitive procurement act".
  S 2. Legislative findings. The legislature hereby finds that in  order
to  assure the economically sound use of public funds for the benefit of
the entire state and to facilitate the  acquisition  of  facilities  and
commodities  of  maximum quality, this article shall require the negoti-
ation  of  such  procurement  contracts  for  public  works  and  public
purchases to make the net economic impact of such contract a priority in
awarding such procurement contracts. Although the economic impact tradi-
tionally  includes  evaluation  of  the  direct,  indirect,  and induced
impacts of a contract on the economy  of  this  state,  the  legislature
further  finds that the "net economic impact" must include consideration
of the lowest responsible bid and best  value  as  additional  component
criteria in determining the overall economic impact of a contract on the
state's  economy.  Therefore,  it  is  in  the public's best interest to
incorporate the lowest responsible bid and best value criteria into  the
net  economic  impact  criterion in order to award the most economically
viable procurement contracts in New York state.
  S 3. The state finance law is amended by adding a new section 139-l to
read as follows:
  S 139-L. NET ECONOMIC IMPACT IN PROCUREMENT CONTRACTS.    1.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A CONTRACT IS
TO BE AWARDED BY A STATE AGENCY, PUBLIC AUTHORITY OR MUNICIPALITY PURSU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01079-01-1

A. 59                               2

ANT  TO A COMPETITIVE BIDDING PROCESS OR A REQUEST FOR PROPOSAL PROCESS,
SUCH STATE AGENCY, PUBLIC AUTHORITY OR MUNICIPALITY SHALL  REQUIRE  THAT
ANY  PROPOSAL  SUBMITTED BY A PROSPECTIVE CONTRACTOR IN RESPONSE THERETO
INCLUDE  AN  ECONOMIC  IMPACT  STATEMENT  DETAILING  HOW AN AWARD OF THE
CONTRACT TO THE PARTICULAR CONTRACTOR WOULD BENEFIT THE ECONOMY  OF  NEW
YORK STATE AND SHALL PROVIDE THAT NET ECONOMIC IMPACT WILL BE CONSIDERED
IN  MAKING THE AWARD. THE WEIGHT TO BE GIVEN TO SUCH NET ECONOMIC IMPACT
CRITERION RELATIVE TO OTHER CRITERIA USED  TO  EVALUATE  THE  PROPOSALS,
INCLUDING  LOWEST RESPONSIBLE BIDDER AND BEST VALUE, SHALL BE DETERMINED
BY THE CONTRACTING AGENCY, AUTHORITY OR MUNICIPALITY ON A CASE  BY  CASE
BASIS.  THE  STATE  AGENCY, PUBLIC AUTHORITY, OR MUNICIPALITY SHALL GIVE
PRIORITY TO THE NET ECONOMIC IMPACT CRITERION WHEREVER  PRACTICABLE  AND
SET FORTH THE BASIS FOR ITS AWARD IN WRITING.
  2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING DEFINITIONS:
  (A) "NET ECONOMIC IMPACT" MEANS THE MEASURE  OF  ECONOMIC  STIMULATION
THAT  OCCURS  FROM PURCHASING TRANSACTIONS THAT HAVE OCCURRED WITHIN THE
LOCAL ECONOMY OF NEW YORK STATE AND  THE  LOWEST  RESPONSIBLE  BID.  NET
ECONOMIC  IMPACT SHALL BE MEASURED BY DIRECT IMPACT, INDIRECT IMPACT AND
INDUCED IMPACT, AS WELL AS LOWEST RESPONSIBLE BID AND BEST VALUE,  WHICH
ARE DEFINED AS:
  (1)  "DIRECT  IMPACT"  MEANS  THE  AMOUNT  OF DIRECT ECONOMIC ACTIVITY
GENERATED BY THE PURCHASING TRANSACTION, OR  BUSINESS  TRANSACTIONS,  IN
QUESTION.  THE  SETS  OF  NUMBERS  USED TO DETERMINE DIRECT IMPACT ARE A
RESULT OF DEVELOPING PER CAPITA NUMBERS BASED ON  ACTUAL  ECONOMIC  DATA
SUPPLIED BY TRANSACTION MANAGEMENT, ATTENDANCE FIGURES, AND OTHER FINAN-
CIAL  INFORMATION  FOR  ALL  TRANSACTION-RELATED  ACTIVITIES, AS WELL AS
USING AVAILABLE TRANSACTION  INDUSTRY  AVERAGE  PER  CAPITA  EXPENDITURE
LEVELS FOR VARIOUS ITEMS.
  (2) "INDIRECT IMPACT" INCLUDES ECONOMIC ACTIVITY FELT BY BUSINESSES AS
AN INDIRECT RESULT OF THE PURCHASING OR BUSINESS TRANSACTION.
  (3)  "INDUCED  IMPACT"  IS THE IMPACT GENERATED WHEN THOSE SURROUNDING
BUSINESSES PURCHASE ADDITIONAL PRODUCTS  AND  SERVICES,  AND  HIRE  MORE
EMPLOYEES TO MEET THE DEMAND BROUGHT ON BY DIRECT AND INDIRECT IMPACTS.
  (4)  "LOWEST  RESPONSIBLE BIDDER" MEANS ANY PERSON, FIRM, CORPORATION,
SUCCESSOR CORPORATION, CONTRACTOR OR SUBCONTRACTOR WHO (I)  SUBMITS  THE
LOWEST  RESPONSIBLE  BID  AND  (II)  IS  NOT  DISQUALIFIED ON ANY OF THE
GROUNDS PROVIDED BY LAW, RULE OR REGULATION.
  (5) "BEST VALUE" MEANS THE SAME AS IN SUBDIVISION ONE OF  SECTION  ONE
HUNDRED SIXTY-THREE OF THIS CHAPTER.
  (B) "MUNICIPALITY" SHALL MEAN ANY CITY, TOWN, VILLAGE, COUNTY, MUNICI-
PAL  CORPORATION,  DISTRICT CORPORATION, DISTRICT OR ANY OFFICE, DEPART-
MENT OR AGENCY, THEREOF.
  (C) "STATE AGENCY" SHALL, NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,
MEAN  ANY  STATE  DEPARTMENT,  BOARD, BUREAU, DIVISION, OFFICE, COUNCIL,
COMMITTEE OR OFFICER OF THE STATE, OR THE STATE UNIVERSITY OF NEW  YORK,
OR THE SENIOR COLLEGES OF THE CITY UNIVERSITY OF NEW YORK, OR ANY PUBLIC
BENEFIT  CORPORATION  OR  COMMISSION  AT  LEAST ONE OF WHOSE MEMBERS ARE
APPOINTED BY THE GOVERNOR.
  3. THE COMPTROLLER AND THE COMMISSIONER OF THE DEPARTMENT OF  ECONOMIC
DEVELOPMENT SHALL ESTABLISH, THROUGH THE PROMULGATION OF RULES AND REGU-
LATIONS,  AND IN CONSULTATION WITH THE HEADS OF STATE AGENCIES, A METHOD
FOR STRUCTURING REQUESTS  FOR  PROPOSALS  TO  REQUIRE  INCLUSION  OF  AN
ECONOMIC  IMPACT  STATEMENT AND IN EVALUATING RESPONSES TO SUCH REQUESTS
FOR PROPOSALS. THE COMPTROLLER SHALL ALSO ESTABLISH THROUGH THE  PROMUL-
GATION OF RULES AND REGULATIONS GUIDELINES FOR AGENCIES, AUTHORITIES AND

A. 59                               3

MUNICIPALITIES  TO  INCORPORATE  CONSIDERATION OF THE LOWEST RESPONSIBLE
BIDDER CRITERIA INTO THE NET ECONOMIC IMPACT FORMULA. SUCH NET  ECONOMIC
IMPACT  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, CONSIDERATION OF WHERE
SUBCONTRACTORS  USED  BY  CONTRACTORS TO FULFILL A CONTRACT ARE LOCATED,
HOW MANY JOBS IN THE STATE, IF ANY, WILL BE CREATED BY THE  AWARDING  OF
SUCH  A  CONTRACT,  AND THE ESTIMATED TAX REVENUE AND ANCILLARY ECONOMIC
ACTIVITY THAT WOULD BE GENERATED IN THE STATE THROUGH  THE  AWARDING  OF
SUCH  CONTRACTS AND SUBSEQUENT SUBCONTRACTS, LOWEST RESPONSIBLE BID, AND
BEST VALUE. SUCH RULES AND REGULATIONS SHALL INCLUDE A PROCEDURE WHEREBY
A STATE AGENCY, PUBLIC AUTHORITY OR MUNICIPALITY MAY  REQUEST  A  WAIVER
FROM THE REQUIREMENTS OF THIS SECTION.
  4. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CONTRACTS FOR
WHICH  A  STATE AGENCY, PUBLIC AUTHORITY, OR MUNICIPALITY RECEIVES FUNDS
ADMINISTERED BY THE FEDERAL GOVERNMENT, EXCEPT TO THE  EXTENT  THAT  THE
FEDERAL  GOVERNMENT  WOULD  NOT  WITHHOLD  SUCH FUNDS OWING TO THE STATE
AGENCY'S, PUBLIC AUTHORITY'S, OR  MUNICIPALITY'S  COMPLIANCE  WITH  THIS
SECTION.
  (B)  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO CONTRACTS
BETWEEN A STATE AGENCY, PUBLIC AUTHORITY, OR MUNICIPALITY IN  NEGOTIATED
RECIPROCITY  FOR  GOODS  OR SERVICES, EXCEPT TO THE EXTENT THAT SUCH NET
ECONOMIC IMPACT SHALL NOT UNDERMINE SUCH RECIPROCAL CONTRACT AGREEMENT.
  5. ANY PERSON, FIRM, CORPORATION, SUCCESSOR CORPORATION, LABOR  ORGAN-
IZATION, CONTRACTOR OR SUBCONTRACTOR MAY, WITHIN TEN DAYS AFTER A BID IS
ACCEPTED,  FILE  AN  APPLICATION  TO CHALLENGE THE DETERMINATION.   UPON
RECEIPT OF SUCH APPLICATION, THE COMPTROLLER, OR HIS  OR  HER  DESIGNEE,
SHALL  CONDUCT  A  HEARING TO DETERMINE THE VALIDITY OF THE APPLICATION.
NOTICE SHALL BE GIVEN TO THE APPLICANT AND TO THE PROPOSED CONTRACT  BID
AWARDEE  OF  THE  DATE, TIME AND PLACE OF THE HEARING. THE APPLICANT AND
THE PROPOSED CONTRACT BID AWARDEE SHALL  BE  GIVEN  THE  OPPORTUNITY  TO
PRESENT  EVIDENCE AND WITNESSES ON THEIR BEHALF. THE COMPTROLLER, OR HIS
OR HER DESIGNEE, PRESIDING OVER SUCH HEARING SHALL ISSUE A WRITTEN DECI-
SION WITH FINDINGS OF FACT WHETHER THE PROPOSED CONTRACT BID AWARDEE  IS
VALID  DETERMINATION.  SUCH  CONTRACT SHALL NOT BE AWARDED PRIOR TO SUCH
DECISION. THE AWARDING AGENCY, AUTHORITY, OR MUNICIPALITY  SHALL  NOTIFY
ALL  BIDDERS  REGARDING THE SELECTION OF ITS PROPOSED CONTRACT BID AWAR-
DEE.
  S 4. The opening paragraph and paragraph c of subdivision 2, the open-
ing paragraph and subparagraphs (ii), (v) and (vi) of  paragraph  a  and
subparagraph  (i)  of paragraph b of subdivision 3 of section 163 of the
state finance law, as added by chapter 83  of  the  laws  of  1995,  are
amended to read as follows:
  The  objective  of state procurement is to facilitate each state agen-
cy's mission while protecting the interests of the state and its taxpay-
ers and promoting fairness in contracting with the  business  community.
The  state's  procurement  process  shall  be guided by the NET ECONOMIC
IMPACT, PURSUANT TO SECTION ONE HUNDRED THIRTY-NINE-L OF  THIS  CHAPTER,
OF A CONTRACT ON THE STATE AND THE following principles:
  c.  To  encourage  the  investment  of  the private and not-for-profit
sectors in New York state by making reasonable efforts  to  ensure  that
offerers  are  apprised  of procurement opportunities; by specifying the
elements of a responsive bid and disclosing  the  process  for  awarding
contracts  including,  if  applicable,  the  relative  importance and/or
weight of [cost] NET ECONOMIC IMPACT and the overall technical criterion
for evaluating offers; and by  ensuring  the  procurement  is  conducted
accordingly.

A. 59                               4

  State  agency  procurement practices for commodities shall incorporate
NET ECONOMIC IMPACT, PURSUANT TO SECTION ONE  HUNDRED  THIRTY-NINE-L  OF
THIS CHAPTER, AND THEN the following:
  (ii)  Commodities  contracts  shall be awarded on the basis of [lowest
price to] NET ECONOMIC IMPACT OF a responsive and  responsible  offerer;
or,  in  the  case of multiple awards, in accordance with paragraph c of
subdivision ten of this section.
  (v) Consistent with guidelines issued by the state  procurement  coun-
cil,  state  agencies may competitively purchase commodities procured in
accordance with this article in lieu of using centralized contracts when
the resultant [price is less] NET ECONOMIC IMPACT IS  GREATER  than  the
centralized contract [price].
  (vi)  When  justified  by [price] NET ECONOMIC IMPACT, state agencies,
and hospitals and facilities managed and controlled  by  state  agencies
eligible  pursuant to section twenty-eight hundred three-a of the public
health law, shall be eligible to make purchases pursuant  to  guidelines
issued  by the state procurement council from a consortium or comparable
entity in lieu of using centralized contracts for commodities.
  (i) determine, in cooperation with the state procurement  council  and
state  agencies,  the  identity,  form,  function  and  utility of those
commodities which shall be made  available  on  or  through  centralized
contracts. CRITERIA SHALL INCLUDE THE NET ECONOMIC IMPACT, AS DEFINED IN
SECTION  ONE  HUNDRED THIRTY-NINE-L OF THIS CHAPTER, ON NEW YORK STATE'S
ECONOMY. Criteria may include, but need not be limited  to,  the  avail-
ability  of  a  volume  discount, prior use of the commodity among state
agencies and the relative cost of establishing the contract, its  antic-
ipated  use  and expected actual savings for the state. The commissioner
may also act as a broker for state agencies to procure commodities.
  S 5. The opening paragraph and paragraph d of subdivision 4 of section
163 of the state finance law, as added by chapter  83  of  the  laws  of
1995, are amended to read as follows:
  State  agency procurement practices for services shall incorporate THE
NET ECONOMIC IMPACT, AS DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-L  OF
THIS CHAPTER, AND THEN the following:
  d.  Service contracts shall be awarded on the basis of [best value to]
NET ECONOMIC IMPACT OF a responsive and responsible offerer; or, in  the
case  of  multiple awards, in accordance with paragraph c of subdivision
ten of this section.
  S 6. Subdivision 7, paragraphs a and b of subdivision 9,  the  opening
paragraph  and  paragraph  a of subdivision 10, the opening paragraph of
subdivision 11 and paragraph (i) of subdivision 14 of section 163 of the
state finance law, as added by chapter 83 of the laws of 1995,  subdivi-
sion  7 as amended by section 10 of part FF of chapter 56 of the laws of
2010, and paragraph (i) of subdivision 14 as amended by  chapter  95  of
the laws of 2000, are amended to read as follows:
  7. Method of procurement. Consistent with the requirements of subdivi-
sions  three and four of this section, state agencies shall select among
permissible methods of procurement including, but  not  limited  to,  an
invitation for bid, request for proposals or other means of solicitation
pursuant  to  guidelines  issued by the state procurement council. State
agencies may accept bids  electronically  including  submission  of  the
statement of non-collusion required by section one hundred thirty-nine-d
of  this chapter and may, for technology contracts and, in addition, for
the period from July first, two thousand ten, to July first,  two  thou-
sand  twelve,  fuels (home heating, diesel, gasoline, natural gas), road
salt, recycled paper, tires,  telecommunications  equipment,  industrial

A. 59                               5

supplies  (tools, equipment), bituminous materials, drainage and culvert
pipe, and road aggregate (gravel), require electronic submission as  the
sole  method  for  the submission of bids for the solicitation, provided
that  the  agency has made a determination, which shall be documented in
the procurement record, that such method affords a fair and equal oppor-
tunity for offerers to submit responsive offers. Except where  otherwise
provided  by  law, procurements shall be competitive, and state agencies
shall conduct formal competitive  procurements  to  the  maximum  extent
practicable.  State  agencies  shall  document  the determination of the
method of procurement and the basis of award in the procurement  record.
Where the basis for award is the best [value] NET ECONOMIC IMPACT offer,
the  state  agency  shall  document,  in  the  procurement record and in
advance of the initial receipt of offers, the determination of the eval-
uation criteria, which whenever possible, shall be quantifiable, and the
process to be used in the determination of  best  [value]  NET  ECONOMIC
IMPACT  and  the  manner  in  which the evaluation process and selection
shall be conducted.
  a. The commissioner or a state agency shall select  a  formal  compet-
itive  procurement  process in accordance with guidelines established by
the state procurement council and  document  its  determination  in  the
procurement  record. The process shall include, but is not limited to, a
clear statement of need; a description of  the  required  specifications
governing  performance  and  related  factors;  a reasonable process for
ensuring a competitive field; a fair and equal opportunity for  offerers
to  submit  responsive  offers; and a balanced and fair method of award.
Where the basis for the award  is  best  [value]  NET  ECONOMIC  IMPACT,
documentation  in  the  procurement  record  shall,  where  practicable,
include a quantification of the  application  of  the  criteria  to  the
rating  of proposals and the evaluation results, or, where not practica-
ble, such other justification which demonstrates that best  [value]  NET
ECONOMIC IMPACT will be achieved.
  b.  The  solicitation  shall  prescribe  the minimum specifications or
requirements that must be met in order to be considered  responsive  and
shall  describe  and disclose the general manner in which the evaluation
and selection shall be conducted. Where  appropriate,  the  solicitation
shall  identify  the  relative  importance  and/or  weight of [cost] NET
ECONOMIC IMPACT and the overall technical criterion to be considered  by
a state agency in its determination of best [value] NET ECONOMIC IMPACT.
  Contracts  for  commodities  shall  be awarded on the basis of [lowest
price to] NET ECONOMIC IMPACT OF a responsive and  responsible  offerer,
PURSUANT   TO   SECTION  ONE  HUNDRED  THIRTY-NINE-L  OF  THIS  CHAPTER.
Contracts for services shall be awarded on the basis of best [value] NET
ECONOMIC IMPACT from a responsive and responsible offerer,  PURSUANT  TO
SECTION  ONE HUNDRED THIRTY-NINE-L OF THIS CHAPTER.  Multiple awards for
services and commodities shall be conducted in accordance with paragraph
c of this subdivision.
  a. Selection and  award  shall  be  a  written  determination  in  the
procurement  record  made  by  the  commissioner  or a state agency in a
manner consistent with the provisions of the solicitation. In the  event
two offers are found to be substantially equivalent, [price] NET ECONOM-
IC  IMPACT  shall  be  the basis for determining the award recipient or,
when [price] NET ECONOMIC IMPACT and  other  factors  are  found  to  be
substantially equivalent, the determination of the commissioner or agen-
cy  head  to  award  a  contract to one or more of such bidders shall be
final. The basis for determining the award shall be  documented  in  the
procurement record.

A. 59                               6

  It  shall  be  the  responsibility of the head of each state agency to
periodically sample the results of the procurement process to  test  for
reasonableness; to ensure that the results withstand public scrutiny and
that  the  quality  and  the  price  of the purchase makes sense; and to
ensure that purchasing is conducted in a manner consistent with the best
NET ECONOMIC IMPACT interests of the state.
  (i)  a  listing  of  individual  and  centralized contracts, including
vendor name, comptroller approval dates, NET  ECONOMIC  IMPACT  OF  SUCH
CONTRACTS,  dollar  value  of such contracts, the state agency which let
the contract and/or  state  agencies  which  purchased  off  centralized
contracts, expenditures made on each such contract and by which agencies
during the fiscal year and life to date, citing contract category codes,
source  selection  method, including ["lowest price", "best value",] NET
ECONOMIC IMPACT, sole source, single source,  negotiated  and  emergency
procurement subtotaled by agency and by type of commodity or service;
  S  7. Subdivision 1 of section 142 of the economic development law, as
amended by chapter 137 of the laws  of  2008,  is  amended  to  read  as
follows:
  1.  The  commissioner  shall  publish  on  a daily basis a procurement
opportunities newsletter, which shall  contain  notices  of  procurement
contract  opportunities and any other information the commissioner deems
necessary to effectuate the purposes of this article INCLUDING, BUT  NOT
LIMITED  TO,  ANY  CHANGES  IN  THE LAW, RULES AND REGULATIONS REGARDING
PROCUREMENT CONTRACTS. Notices  of  procurement  contract  opportunities
shall be available on the internet for at least fifteen days.
  S  8.  Section 100-a of the general municipal law, as added by chapter
363 of the laws of 1964, is amended to read as follows:
  S 100-a. Declaration of policy. [It] NOTWITHSTANDING ANY PROVISION  OF
THIS  ARTICLE TO THE CONTRARY, IT is hereby declared to be the policy of
this state that this article  shall  [be  construed]  CONSIDER  THE  NET
ECONOMIC  IMPACT, AS DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-L OF THE
STATE FINANCE LAW, AS THE PRIORITY in the negotiation of  contracts  for
public  works  and  public purchases to which political subdivisions [or
and district] AND/OR DISTRICTS therein [is] ARE a party so as to  assure
the  prudent  and economical use of public moneys for the benefit of all
the inhabitants of the state and to facilitate the acquisition of facil-
ities and commodities of maximum quality [at the lowest possible cost].
  S 9. Subdivision 1 of section 2879 of the public authorities  law,  as
amended  by  chapter  564  of  the  laws  of 1988, is amended to read as
follows:
  1. Every public authority and public benefit corporation,  a  majority
of  the  members  of  which  consist  of persons either appointed by the
governor or who serve as members by virtue of holding a civil office  of
the state, or a combination thereof, (such entities to be hereinafter in
this  section  referred  to  as "corporation") shall adopt by resolution
comprehensive guidelines which detail the corporation's operative policy
and instructions regarding the use, awarding, monitoring  and  reporting
of  procurement contracts.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
RULE OR REGULATION, SUCH GUIDELINES SHALL INCLUDE, BUT  NOT  BE  LIMITED
TO,  MAKING  CONSIDERATION  OF  THE  NET  ECONOMIC IMPACT, AS DEFINED IN
SECTION ONE HUNDRED THIRTY-NINE-L OF THE STATE FINANCE LAW, THE PRIORITY
IN AWARDING PROCUREMENT CONTRACTS. Guidelines  approved  by  the  corpo-
ration shall be annually reviewed and approved by the corporation.
  S  10.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law; provided, however, the  provisions  of
this  act  shall  be  applied  to all contracts entered into on or after

A. 59                               7

April 1, 2011; and provided, further, however, that  the  amendments  to
the  provisions of section 163 of the state finance law made by sections
four, five and six of this act shall  not  affect  the  repeal  of  such
section  and shall be deemed repealed therewith.  Effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for the implementation of this act on its effective date is author-
ized and directed to be made and completed on or before such date.