S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  265--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced  by  M.  of A. JAFFEE, COOK, MOSLEY, STECK, ARROYO, ABINANTI,
   FAHY, L. ROSENTHAL, OTIS, TITONE, BLAKE,  GALEF,  JENNE,  JEAN-PIERRE,
   D'URSO -- Multi-Sponsored by -- M. of A. DINOWITZ, ENGLEBRIGHT, GLICK,
   PERRY,  RIVERA, SIMON, WALKER -- read once and referred to the Commit-
   tee on Environmental Conservation --  reported  and  referred  to  the
   Committee  on  Ways  and Means -- recommitted to the Committee on Ways
   and Means in accordance with Assembly Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the environmental conservation law, the public health
   law and the real property law, in relation to  enacting  the  "private
   well testing act"
 
   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 "private well testing act".
   § 2. Subdivision 1 of section 3-0315 of the environmental conservation
 law,  as  amended  by  section 12 of part T of chapter 57 of the laws of
 2017, is amended to read as follows:
   1. The department in conjunction with the commissioner of health shall
 create and maintain a geographic information system, and associated data
 storage and analytical systems for purposes of collecting, streamlining,
 and visualizing integrated  data,  permits,  and  relevant  sites  about
 drinking  water  quality  including,  but  not limited to, incorporating
 supply well and monitoring well data, emerging contaminant  data,  water
 quality  monitoring  data,  pertinent data from remediation and landfill
 sites, permitted discharge locations and other  potential  contamination
 risks  to water supplies. Such system shall also incorporate information
 from the source water assessment program collected by the department  of
 health,  INFORMATION COLLECTED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN
 OF THE PUBLIC HEALTH LAW,  data  from  annual  water  supply  statements
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03024-03-8

 A. 265--A                           2
 
 prepared  pursuant  to  section  eleven  hundred fifty-one of the public
 health law, information from the database pursuant to title fourteen  of
 article  twenty-seven  of  this  chapter,  and  any  other existing data
 regarding  soil  and groundwater contamination currently gathered by the
 department, as well as data on contamination that is  readily  available
 from  the  United  States geological survey and other sources determined
 appropriate by the department. In addition to  facilitating  interagency
 coordination  and  predictive  analysis  to  protect water quality, such
 system shall provide state agency information to the  public  through  a
 website,  within  reasonable  limitations  to ensure confidentiality and
 security.
   § 3. Section 206 of the public health law is amended by adding  a  new
 subdivision 31 to read as follows:
   31.  THE  COMMISSIONER  IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES
 AND REGULATIONS TO ESTABLISH STANDARDS FOR THE TESTING OF DRINKING WATER
 FROM PRIVATELY OWNED WELLS. SUCH STANDARDS  SHALL  APPLY  TO  ANY  WATER
 WELLS SUBJECT TO SUBDIVISION EIGHTEEN OF THIS SECTION, AS ADDED BY CHAP-
 TER  THREE  HUNDRED  NINETY-FIVE OF THE LAWS OF NINETEEN HUNDRED NINETY-
 NINE. SUCH TESTING SHALL BE TO DETERMINE THE QUALITY, SAFETY AND  EXIST-
 ING LEVEL OF CONTAMINATION OF DRINKING WATER FROM PRIVATELY OWNED WELLS.
   §  4.  Subdivision  1  of  section  1100  of the public health law, as
 amended by chapter 655 of the laws  of  1978,  is  amended  to  read  as
 follows:
   1.  The  department  may make rules and regulations for the protection
 from contamination of any or all public OR PRIVATE supplies  of  potable
 waters  and  water supplies of the state or United States, institutions,
 parks, reservations or posts and their sources within the state, and the
 commissioner of environmental protection of the city of New York and the
 board of water supply of the city of New York may make  such  rules  and
 regulations subject to the approval of the department for the protection
 from  contamination  of any or all public OR PRIVATE supplies of potable
 waters and their sources within the state where the  same  constitute  a
 part of the source of the public OR PRIVATE water supply of said city.
   §  5. The public health law is amended by adding a new section 1111 to
 read as follows:
   § 1111. PRIVATE WELL TESTING. 1.  (A) THE DEPARTMENT SHALL  PROMULGATE
 REGULATIONS  PROVIDING  FOR  THE  TESTING OF DRINKING WATER FROM PRIVATE
 WELLS LOCATED ON REAL PROPERTY SUBJECT TO THIS SECTION.
   (B) ANY CONTRACT FOR THE SALE OF REAL PROPERTY, INCLUDING  A  MULTIPLE
 FAMILY DWELLING AS DEFINED IN SECTION EIGHT HUNDRED TWO OF THE EXECUTIVE
 LAW,  WHICH IS SERVED BY A PRIVATE WELL THAT IS THE POTABLE WATER SUPPLY
 FOR SUCH PROPERTY SHALL INCLUDE A PROVISION REQUIRING AS A CONDITION  OF
 SALE,  THE  TESTING  OF  SUCH  WATER  SUPPLY  FOR AT LEAST THE STANDARDS
 PRESCRIBED PURSUANT TO THIS SECTION. PROVISIONS OF  THIS  SECTION  SHALL
 NOT  APPLY  TO  PROPERTY WHERE THE POTABLE WATER SUPPLY HAS FIVE OR MORE
 SERVICE CONNECTIONS OR THAT REGULARLY SERVES AN AVERAGE  OF  TWENTY-FIVE
 OR MORE INDIVIDUALS DAILY FOR AT LEAST SIXTY DAYS OUT OF THE YEAR.
   (C) WATER SAMPLING SHALL BE DONE, PREFERABLY BY A LABORATORY CERTIFIED
 BY THE DEPARTMENT, IN THE FOLLOWING MANNER:
   (I)  IF  THERE  IS  NO WATER TREATMENT SYSTEM IN USE ON THE WATER WELL
 BEING TESTED, SAMPLES SHALL BE COLLECTED  FROM  A  PRIMARY  COLD  WATER,
 NON-AERATED  SPIGOT OR TAP THAT DRAWS FROM OR FEEDS WATER TO THE POTABLE
 WATER SYSTEM FROM SUCH WATER;
   (II) WHERE A WATER TREATMENT SYSTEM IS IN  USE  ON  THE  WATER  SUPPLY
 SYSTEM, THE SAMPLE SHALL BE COLLECTED AS FOLLOWS:

 A. 265--A                           3
 
   (A)  THE  WATER  TREATMENT  SYSTEM  SHALL BE DISCONNECTED OR OTHERWISE
 DISABLED PRIOR TO THE COLLECTION OF THE WATER SAMPLE; OR
   (B)  THE  SAMPLE  SHALL  BE COLLECTED AT A LOCATION PRIOR TO THE WATER
 TREATMENT SYSTEM; OR
   (III) IN THE CASE OF A NEW WELL CONSTRUCTION  AND  INSTALLATION  WHERE
 THERE  IS  NO  SPIGOT  OR TAP ON THE SUBJECT PROPERTY, THE SAMPLE MAY BE
 COLLECTED DIRECTLY AT THE WELLHEAD, UTILIZING A RAW WATER SAMPLE.
   2. EVERY WATER TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION SHALL BE
 CONDUCTED BY A  LABORATORY  CERTIFIED  BY  THE  DEPARTMENT  PURSUANT  TO
 SECTION  FIVE  HUNDRED  TWO  OF  THIS CHAPTER TO TEST FOR DRINKING WATER
 CONSTITUENTS AND SHALL INCLUDE BUT NOT BE LIMITED TO A TEST FOR AT LEAST
 THE FOLLOWING CONSTITUENTS: BACTERIA (TOTAL COLIFORM); SODIUM; NITRITES;
 NITRATES; IRON; MANGANESE; IRON PLUS MANGANESE; PH; ALL VOLATILE ORGANIC
 COMPOUNDS FOR WHICH MAXIMUM CONSTITUENT  LEVELS  HAVE  BEEN  ESTABLISHED
 PURSUANT TO PUBLIC HEALTH REGULATIONS; AND LEAD.
   3. (A) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, AND LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT
 TO  ARTICLE  THREE  OF THIS CHAPTER MAY RECOMMEND ADDITIONAL TESTING FOR
 CONSTITUENTS THAT APPEAR ON A COUNTY OR REGIONAL BASIS INCLUDING BUT NOT
 LIMITED TO ARSENIC, BARIUM,  FLUORIDE,  MERCURY,  METHANE,  RADIUM,  AND
 RADON.
   (B)  THE  DEPARTMENT  MAY,  BY RULE OR REGULATION, EXCLUDE OR LIMIT BY
 GEOGRAPHIC AREA OR GEOLOGIC  FORMATION,  OR  BASED  UPON  WELL  RECORDED
 INFORMATION,  ANY  CONSTITUENT  LISTED  IN  THIS  SECTION  DEEMED BY THE
 DEPARTMENT AS NOT SIGNIFICANT IN A COUNTY OR IN ANY SPECIFIC AREA WITHIN
 A COUNTY AND SUCH AREA OF FORMATION NEED NOT BE TESTED AS  PART  OF  ANY
 WATER TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION.
   (C)  FOR  EACH  CONSTITUENT  TO  BE TESTED FOR IN ACCORDANCE WITH THIS
 SECTION, THE DEPARTMENT SHALL ESTABLISH, BY REGULATION  A  MAXIMUM  TIME
 PERIOD  FOR  WHICH  A TEST RESULT SHALL REMAIN VALID FOR THE PURPOSES OF
 THIS SECTION  WITHOUT  NECESSITATING  RETESTING  FOR  SUCH  CONSTITUENT;
 PROVIDED,  HOWEVER,  SUCH  TIME PERIOD SHALL NOT EXCEED TWELVE MONTHS. A
 RETEST OF THE WATER SUPPLY  SHALL  NOT  BE  REQUIRED  PURSUANT  TO  THIS
 SECTION  IF  THE  CONTRACT  OF SALE IS ENTERED INTO WITHIN THE PERIOD OF
 TEST VALIDITY ESTABLISHED PURSUANT TO THIS PARAGRAPH.    NOTWITHSTANDING
 ANY  PROVISION  OF  THIS  PARAGRAPH  TO THE CONTRARY, A BUYER AND SELLER
 SUBJECT TO THE PROVISIONS OF THIS SECTION MAY MUTUALLY AGREE  TO  RETEST
 FOR  A CONSTITUENT EVEN THOUGH THE MAXIMUM TIME PERIOD FOR TEST VALIDITY
 FOR THE  CONSTITUENT  ESTABLISHED  PURSUANT  TO  THIS  SECTION  HAS  NOT
 EXPIRED.
   4.  (A)  ANY WATER TEST RESULTS PROVIDED BY A LABORATORY TO THE PERSON
 OR PERSONS REQUESTING THE TEST SHALL  INCLUDE  THE  MAXIMUM  CONSTITUENT
 LEVELS  OR OTHER ESTABLISHED WATER QUALITY STANDARDS, IF ANY, PRESCRIBED
 BY THE DEPARTMENT FOR EACH CONSTITUENT TESTED AND SHALL  BE  TRANSMITTED
 ON  A  STANDARDIZED PRIVATE WELL WATER TEST REPORTING FORM PRESCRIBED BY
 THE DEPARTMENT. THE FORM SHALL REFER THE BUYER AND SELLER  OF  THE  REAL
 PROPERTY  IN  QUESTION  TO  THE  APPROPRIATE OFFICE OR PERSON WITHIN THE
 DEPARTMENT, OR THE DEPARTMENT'S WEBSITE FOR INFORMATION REGARDING  REME-
 DIATION ALTERNATIVES.
   (B)  WITHIN  TEN  BUSINESS  DAYS AFTER COMPLETION OF THE WATER TEST, A
 LABORATORY SHALL SUBMIT THE WATER TEST RESULTS TO  THE  DEPARTMENT  WITH
 THE FOLLOWING INFORMATION:
   (I)  A STATEMENT THAT THE TESTING IS FOR THE PURPOSE OF COMPLYING WITH
 THE "PRIVATE WELL TESTING ACT";
   (II) THE LOCATION OF THE REAL PROPERTY, DESCRIBED  BY  BLOCK  AND  LOT
 NUMBER, STREET ADDRESS, MUNICIPALITY, AND COUNTY;

 A. 265--A                           4
 
   (III) THE NAME AND MAILING ADDRESS OF THE PERSON OR PERSONS MAKING THE
 REQUEST FOR THE TEST;
   (IV)  AN AFFIDAVIT STATING THE DATE AND TIME THAT THE WATER SAMPLE WAS
 COLLECTED AND THE SPECIFIC POINT OF COLLECTION AND THE  LEGAL  NAME  AND
 MAILING  ADDRESS  OF  THE  PERSON  OR  PERSONS  COLLECTING THE RAW WATER
 SAMPLES;
   (V) THE DATE AND TIME THE SAMPLE WAS ANALYZED BY THE LABORATORY; AND
   (VI) SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE  DEPARTMENT,  IN
 CONSULTATION  WITH  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION AND
 APPROPRIATE LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT  TO  ARTICLE
 THREE OF THIS CHAPTER.
   (C)  THE  DEPARTMENT MAY REQUIRE LABORATORIES TO SUBMIT ELECTRONICALLY
 THE INFORMATION REQUIRED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (D) A LABORATORY SHALL NOT RELEASE WATER TEST RESULTS  TO  ANY  PERSON
 EXCEPT  THE BUYER OR SELLER OF THE REAL PROPERTY AT ISSUE AS PROVIDED IN
 SUBDIVISION ONE OF THIS SECTION, THE LESSOR  OF  THE  REAL  PROPERTY  AS
 PROVIDED  IN  SUBDIVISION  SIX OF THIS SECTION, ANY PERSON AUTHORIZED BY
 THE BUYER, SELLER, OR LESSOR, AS THE CASE MAY BE, THE DEPARTMENT, OR ANY
 PERSON DESIGNATED BY COURT ORDER.
   (E) THE DEPARTMENT SHALL MAKE THE DATA ACCUMULATED FROM THE WATER TEST
 RESULTS SUBMITTED BY LABORATORIES PURSUANT TO THIS SECTION AVAILABLE  TO
 COUNTIES,   MUNICIPALITIES,  OR  OTHER  GOVERNMENTAL  ENTITIES  FOR  THE
 PURPOSES OF STUDYING GROUNDWATER SUPPLIES OR CONTAMINATION IN THE STATE;
 PROVIDED, HOWEVER, THAT IDENTIFYING INFORMATION IS REMOVED.
   (F) THE RESULTS OF WATER WELL TESTS SHALL BE PROVIDED TO  THE  DEPART-
 MENT  OF  ENVIRONMENTAL  CONSERVATION  FOR  INCLUSION  IN  THE STATEWIDE
 GROUNDWATER REMEDIATION STRATEGY DEVELOPED IN  ACCORDANCE  WITH  SECTION
 15-3109  OF THE ENVIRONMENTAL CONSERVATION LAW AND THE GEOGRAPHIC INFOR-
 MATION SYSTEM DEVELOPED IN ACCORDANCE WITH SECTION 3-0315 OF  THE  ENVI-
 RONMENTAL CONSERVATION LAW.
   5. THE DEPARTMENT, WITHIN TEN BUSINESS DAYS AFTER RECEIVING ANY REPORT
 OF  A  WATER TEST FAILURE IN ACCORDANCE WITH THIS SECTION, SHALL PROVIDE
 NOTICE OF SUCH WATER TEST FAILURE TO THE APPROPRIATE LOCAL HEALTH ORGAN-
 IZATIONS ESTABLISHED PURSUANT TO ARTICLE  THREE  OF  THIS  CHAPTER.  THE
 APPROPRIATE  LOCAL  HEALTH ORGANIZATIONS ESTABLISHED PURSUANT TO ARTICLE
 THREE OF THIS CHAPTER SHALL ISSUE A GENERAL NOTICE  TO  OWNERS  OF  REAL
 PROPERTY  SERVED  BY  PRIVATE  WELLS LOCATED IN THE VICINITY OF THE REAL
 PROPERTY EXPERIENCING THE WATER TEST FAILURE SUGGESTING OR  RECOMMENDING
 THAT  THOSE  PROPERTY OWNERS MAY WISH TO HAVE THEIR PRIVATE WELLS TESTED
 FOR AT LEAST THE CONSTITUENTS AT ISSUE. THE SPECIFIC ADDRESS OR LOCATION
 OF THE PRIVATE WELL THAT FAILED A WATER TEST SHALL NOT BE IDENTIFIED  IN
 THE  NOTICE OR BY ANY OTHER MEANS OR IN ANY OTHER MANNER. THE DEPARTMENT
 SHALL ESTABLISH CRITERIA FOR NOTIFICATION WHICH MAY INCLUDE,  BUT  SHALL
 NOT  BE  LIMITED  TO, THE MAXIMUM CONSTITUENT LEVEL, THE LEVEL OF EXCEE-
 DANCE REPORTED, AND THE DISTANCE OR LOCATION OF THE  PROPERTIES  IN  THE
 VICINITY OF THE CONTAMINATED WELL FOR WHICH TESTING IS RECOMMENDED.
   6.  WITHIN  TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT
 LEAST ONCE EVERY FIVE YEARS THEREAFTER, THE LESSOR OF ANY REAL  PROPERTY
 THE  POTABLE  WATER  SUPPLY  FOR WHICH IS A PRIVATE WELL SHALL TEST THAT
 WATER SUPPLY IN THE MANNER ESTABLISHED PURSUANT TO THIS SECTION  FOR  AT
 LEAST  THE  CONSTITUENTS REQUIRED PURSUANT TO SUBDIVISIONS TWO AND THREE
 OF THIS SECTION. WITHIN THIRTY  DAYS  AFTER  THE  RECEIPT  OF  THE  TEST
 RESULTS,  THE  LESSOR  SHALL ALSO PROVIDE A WRITTEN COPY THEREOF TO EACH
 LESSEE OF A RENTAL UNIT ON THE PROPERTY. THE LESSOR SHALL ALSO PROVIDE A
 WRITTEN COPY OF THE MOST RECENT TEST RESULTS TO A NEW LESSEE OF A RENTAL
 UNIT ON THE PROPERTY.

 A. 265--A                           5
 
   7. (A) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, AND LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT
 TO ARTICLE THREE OF THIS CHAPTER SHALL ESTABLISH  A  PUBLIC  INFORMATION
 AND  EDUCATION PROGRAM TO INFORM THE PUBLIC AND APPROPRIATE PROFESSIONAL
 DISCIPLINES  OF  THE  ENACTMENT OF THIS SECTION AND THE SUBSTANCE OF ITS
 PROVISIONS AND REQUIREMENTS, THE POTENTIAL HEALTH EFFECTS  OF  CONSUMING
 WATER  FROM A PRIVATE WELL THAT DOES NOT MEET MAXIMUM CONSTITUENT LEVELS
 AND OTHER ESTABLISHED WATER QUALITY STANDARDS, THE POTENTIAL PRESENCE OF
 RADIUM IN AT LEAST SOME POTABLE GROUNDWATER SUPPLIES IN THE  STATE,  THE
 GEOGRAPHIC  AREAS  IN THE STATE SUBJECT TO AN ACTUAL OR POTENTIAL THREAT
 OF DANGER FROM  CONTAMINATED  GROUNDWATER,  THE  IMPORTANCE  OF  TESTING
 PRIVATE  WELLS REGULARLY FOR CONSTITUENTS, AND SUGGESTED WATER TREATMENT
 TECHNIQUES, EQUIPMENT STRATEGIES AND PUBLIC  FUNDING  SOURCES  AVAILABLE
 FOR  TREATING  WATER  FROM  PRIVATE  WELLS THAT HAVE FAILED A WATER TEST
 CONDUCTED IN ACCORDANCE WITH THIS SECTION.
   (B) THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC A GENERAL COMPI-
 LATION OF WATER TEST RESULTS DATA ARRANGED OR IDENTIFIED BY  COUNTY  AND
 MUNICIPALITY  OR APPROPRIATE GEOGRAPHIC AREA THEREIN, BUT WHICH DOES NOT
 INCLUDE SPECIFIC ADDRESS OR LOCATION INFORMATION.
   8. WITHIN THREE YEARS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 DEPARTMENT  SHALL PREPARE AND TRANSMIT TO THE GOVERNOR AND LEGISLATURE A
 REPORT ON THE IMPLEMENTATION AND OPERATION OF THIS SECTION. SUCH  REPORT
 SHALL  ALSO  DESCRIBE THE BENEFITS AND DEFICIENCIES REALIZED AS A RESULT
 OF THIS SECTION AND INCLUDE RECOMMENDATIONS FOR ANY APPROPRIATE LEGISLA-
 TIVE ACTION. THE REPORT SHALL ALSO BE MADE AVAILABLE TO THE  PUBLIC  AND
 BE POSTED ON THE DEPARTMENT'S WEBSITE.
   §  6.  The real property law is amended by adding a new section 468 to
 read as follows:
   § 468. PRIVATE WELL TESTING REQUIREMENTS.  1. EVERY CONTRACT  FOR  THE
 SALE  OF  REAL PROPERTY, INCLUDING A MULTIPLE FAMILY DWELLING AS DEFINED
 IN SECTION EIGHT HUNDRED TWO OF THE EXECUTIVE LAW, WHICH IS SERVED BY  A
 PRIVATE  WELL  THAT  IS THE POTABLE WATER SUPPLY FOR SUCH PROPERTY SHALL
 INCLUDE A PROVISION REQUIRING AS A CONDITION OF  SALE,  THE  TESTING  OF
 SUCH  WATER  SUPPLY  FOR  AT  LEAST THE STANDARDS PRESCRIBED PURSUANT TO
 SECTION ELEVEN HUNDRED ELEVEN OF THE PUBLIC HEALTH  LAW.  PROVISIONS  OF
 THIS  SECTION SHALL NOT APPLY TO PROPERTY WHERE THE POTABLE WATER SUPPLY
 HAS FIVE OR MORE SERVICE CONNECTIONS OR THAT REGULARLY SERVES AN AVERAGE
 OF TWENTY-FIVE OR MORE INDIVIDUALS DAILY FOR AT LEAST SIXTY DAYS OUT  OF
 THE YEAR.
   2.  CLOSING OF TITLE ON THE SALE OF SUCH REAL PROPERTY SHALL NOT OCCUR
 UNLESS BOTH THE BUYER AND THE SELLER HAVE RECEIVED AND REVIEWED  A  COPY
 OF  THE  WATER TEST RESULTS. AT CLOSING, THE BUYER AND SELLER BOTH SHALL
 CERTIFY IN WRITING THAT THEY HAVE RECEIVED AND REVIEWED THE  WATER  TEST
 RESULTS.
   3. THE REQUIREMENTS OF THIS SECTION MAY NOT BE WAIVED.
   § 7. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.