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

                                  1123

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BRINDISI
  -- 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 act shall require the negotiation
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  traditionally
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 procure-
ment 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-
ANT TO A COMPETITIVE BIDDING PROCESS OR A REQUEST FOR PROPOSAL  PROCESS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06228-01-5
              

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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
MUNICIPALITIES TO INCORPORATE CONSIDERATION OF  THE  LOWEST  RESPONSIBLE

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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. 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 AWARDEE.
  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.
  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:

A. 1123                             4

  (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, and the  opening  paragraph
of  subdivision  11 of section 163 of the state finance law, as added by
chapter 83 of the laws of 1995, and subdivision 7 as amended by  section
10  of  part L of chapter 55 of the laws of 2012, 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, starting April  first,  two  thousand  twelve,  and
ending  March  thirty-first,  two  thousand fifteen, may, for commodity,
service and technology contracts require electronic  submission  as  the
sole method for the submission of bids for the solicitation. State agen-
cies shall undertake no more than eighty-five such electronic bid solic-
itations, none of which shall be reverse auctions, prior to April first,
two  thousand  fifteen.  In  addition,  state agencies may conduct up to
twenty reverse auctions through electronic means, prior to April  first,

A. 1123                             5

two  thousand  fifteen.  Prior to requiring the electronic submission of
bids, the agency shall make a determination, which shall  be  documented
in the procurement record, that electronic submission affords a fair and
equal opportunity for offerers to submit responsive offers. Within thir-
ty  days  of the completion of the eighty-fifth electronic bid solicita-
tion, or by April first, two thousand fifteen, whichever is earlier, the
commissioner shall prepare a report  assessing  the  use  of  electronic
submissions  and  make  recommendations  regarding  future  use  of this
procurement method. In addition, within thirty days of the completion of
the twentieth reverse auction through  electronic  means,  or  by  April
first,  two  thousand  fifteen,  whichever  is earlier, the commissioner
shall prepare a report assessing the use  of  reverse  auctions  through
electronic  means  and make recommendations regarding future use of this
procurement method. Such reports shall be published on  the  website  of
the  office of general services. 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 evaluation 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

A. 1123                             6

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.
  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.
  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
April 1, 2015; and provided, further, however, that  the  amendments  to

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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.