S T A T E O F N E W Y O R K
________________________________________________________________________
6283
2025-2026 Regular Sessions
I N A S S E M B L Y
March 3, 2025
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Introduced by M. of A. KELLES, SIMONE, BICHOTTE HERMELYN -- read once
and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the public hous-
ing law, in relation to enacting the "sustainable affordable housing
and sprawl prevention act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "sustaina-
ble affordable housing and sprawl prevention act".
§ 2. The environmental conservation law is amended by adding a new
section 8-0119 to read as follows:
§ 8-0119. CERTAIN ACTIONS EXEMPT OR SUBJECT TO LIMITED REVIEW.
1. EXEMPT ACTIONS FOR CONSTRUCTION OF RESIDENTIAL DWELLINGS. (A)
NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, QUALIFYING
ACTIONS WITH RESPECT TO THE CONSTRUCTION OF A NEW MULTIPLE DWELLING OR
MORE THAN ONE CONTIGUOUS MULTIPLE DWELLINGS, INCLUDING BUILDING PERMITS,
VARIANCES, SUBDIVISION APPROVALS, SITE PLAN APPROVALS, AND ZONING TEXT
AMENDMENTS, THAT MEET THE FOLLOWING THRESHOLDS SHALL BE AUTOMATICALLY
DETERMINED NOT TO HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT AND SHALL
BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS UNDER THIS ARTICLE
OR ANY RULES OR REGULATIONS PROMULGATED PURSUANT HERETO:
(I) FEWER THAN TEN TOTAL RESIDENTIAL UNITS IN MUNICIPALITIES THAT HAVE
NOT ADOPTED ZONING OR SUBDIVISION REGULATIONS;
(II) FEWER THAN FIFTY TOTAL RESIDENTIAL UNITS IN A BUILDING IN WHICH
NO MORE THAN TWENTY PERCENT OF THE FLOOR AREA CONSISTS OF COMMERCIAL OR
COMMUNITY FACILITY USES NOT TO BE CONNECTED AT THE COMMENCEMENT OF HABI-
TATION TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS
INCLUDING SEWAGE TREATMENT WORKS;
(III) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF NINETY THOU-
SAND PERSONS OR LESS, FEWER THAN TWO HUNDRED TOTAL RESIDENTIAL UNITS IN
A BUILDING IN WHICH NO MORE THAN TWENTY PERCENT OF THE FLOOR AREA
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03754-02-5
A. 6283 2
CONSISTS OF COMMERCIAL OR COMMUNITY FACILITY USES TO BE CONNECTED AT THE
COMMENCEMENT OF HABITATION TO EXISTING COMMUNITY OR PUBLIC WATER AND
SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS;
(IV) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF GREATER THAN
NINETY THOUSAND BUT LESS THAN ONE MILLION, FEWER THAN FIVE HUNDRED TOTAL
RESIDENTIAL UNITS IN A BUILDING IN WHICH NO MORE THAN TWENTY PERCENT OF
THE FLOOR AREA CONSISTS OF COMMERCIAL OR COMMUNITY FACILITY USES TO BE
CONNECTED AT THE COMMENCEMENT OF HABITATION TO EXISTING COMMUNITY OR
PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS; OR
(V) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS,
FEWER THAN ONE THOUSAND TOTAL RESIDENTIAL UNITS IN A BUILDING IN WHICH
NO MORE THAN TWENTY PERCENT OF THE FLOOR AREA CONSISTS OF COMMERCIAL OR
COMMUNITY FACILITY USES TO BE CONNECTED AT THE COMMENCEMENT OF HABITA-
TION TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUD-
ING SEWAGE TREATMENT WORKS.
(B) TO BE DETERMINED AS A "QUALIFYING ACTION" UNDER PARAGRAPH (A) OF
THIS SUBDIVISION, SUCH MULTIPLE DWELLING SHALL:
(I) BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN
URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU;
(II) BE LOCATED ON PREVIOUSLY DISTURBED LAND;
(III) QUALIFY AS AFFORDABLE HOUSING, AS SHALL BE DETERMINED BY THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL, RELATIVE TO THE MUNICIPALITY
OR COUNTY, AS SHALL BE DETERMINED BY THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL, IN WHICH IT IS LOCATED;
(IV) NOT BE LOCATED IN AN AREA:
(1) PROJECTED TO EXPERIENCE FLOODING IN THE EVENT OF SEA LEVEL RISE
GREATER THAN OR EQUAL TO THE HIGH-MEDIUM PROJECTION BY YEAR TWENTY-ONE
HUNDRED AS SET FORTH IN REGULATIONS PROMULGATED PURSUANT TO SECTION
3-0319 OF THIS CHAPTER, OR ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE
SEA LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
(2) DESIGNATED AS A SPECIAL FLOOD HAZARD AREA BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY, PROVIDED THAT THIS PROVISION SHALL NOT APPLY TO MUNI-
CIPALITIES THAT HAVE ADOPTED A BUILDING CODE THAT MITIGATES FLOOD HAZARD
RISK BY REQUIRING NEW CONSTRUCTION TO BE ELEVATED ABOVE THE BASE FLOOD
ELEVATION AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY; OR
(3) DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPARTMENT;
(V) COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT PURSUANT TO THE
FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABIL-
ITY ACT (42 U.S.C. CHAPTER 103), AND COMPLETE TESTING FOR LEAD WATER
AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE SUBMITTED
BY THE PROPOSED DEVELOPER OF SUCH MULTIPLE DWELLING TO THE LOCAL AGENCY
RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH MULTIPLE
DWELLING. IF THE PHASE I ENVIRONMENTAL SITE ASSESSMENT FINDS CONTAM-
INATION THAT EXCEEDS ACCEPTABLE LEVELS OF CONTAMINANTS FOR RESIDENTIAL
USE AS SET FORTH IN REGULATIONS PROMULGATED PURSUANT TO TITLES THIRTEEN
AND FOURTEEN OF ARTICLE TWENTY-SEVEN AND TITLE FIVE OF ARTICLE FIFTY-SIX
OF THIS CHAPTER AND RELATED REGULATIONS GOVERNING ENVIRONMENTAL REMEDI-
ATION, THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE APPLI-
CATION MAY REQUIRE REMEDIATION OF THE SITE TO APPLICABLE STANDARDS FOR
RESIDENTIAL USE PRIOR TO THE ISSUING OF A CONSTRUCTION PERMIT FOR
CONSTRUCTION OF A MULTIPLE DWELLING;
(VI) RECEIVE A WRITTEN CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL
PROFESSIONAL, AS SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT IN REGU-
LATION, THAT THE CONSTRUCTION OF SUCH MULTIPLE DWELLING WILL NOT VIOLATE
ANY STATE WETLAND LAWS UNDER ARTICLES TWENTY-FOUR AND TWENTY-FIVE OF
THIS CHAPTER, OR ANY RULES OR REGULATIONS PROMULGATED THERETO;
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(VII) RECEIVE A WRITTEN CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL
PROFESSIONAL, AS SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT IN REGU-
LATION, THAT CONSTRUCTION OF SUCH MULTIPLE DWELLING, AS PROPOSED, WILL
NOT VIOLATE ANY DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC
HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; AND
(VIII) RECEIVE CERTIFICATION BY AN ARCHITECT LICENSED BY THE STATE
THAT THE BUILDING HAS BEEN DESIGNED TO MEET ONE OR MORE OF THE FOLLOWING
BUILDING STANDARDS:
(1) THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN BUILDING RATING
SYSTEM (LEED) PUBLISHED BY THE UNITED STATES GREEN BUILDING COUNCIL FOR
THE CATEGORY OF CERTIFIED GOLD, AT MINIMUM, AS DETERMINED BY A LEED
ACCREDITED PROFESSIONAL;
(2) ENTERPRISE GREEN COMMUNITIES REVIEW AND CERTIFICATION; OR
(3) PASSIVE HOUSE INSTITUTE PASSIVE HOUSE CERTIFICATION.
2. ACTIONS WITH RESPECT TO CONSTRUCTION OF MULTIPLE DWELLINGS SUBJECT
TO LIMITED REVIEW. (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO
THE CONTRARY, ACTIONS WITH RESPECT TO THE CONSTRUCTION OF NEW MULTIPLE
DWELLINGS THAT ARE NOT EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SUBDIVI-
SION ONE OF THIS SECTION, AND THAT ARE QUALIFYING ACTIONS, SHALL NOT BE
SUBJECT TO ANY ENVIRONMENTAL REVIEW STANDARDS UNDER THIS ARTICLE, OR
RULES OR REGULATIONS PROMULGATED THERETO, THAT DO NOT CONSIST OF CORE
ENVIRONMENTAL CONCERNS, AS SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT
IN REGULATION. TOPICS OF REVIEW THAT SHALL BE EXEMPT UNDER THIS SUBDIVI-
SION AS FAILING TO MEET THE STANDARD OF CORE ENVIRONMENTAL CONCERNS
SHALL INCLUDE, BUT NOT BE LIMITED TO, TRAFFIC IMPACTS, CASTING OF SHAD-
ING OR SHADOWS, IMPACTS ON VIEWS FROM NEIGHBORING BUILDINGS, CONSISTENCY
WITH COMMUNITY CHARACTER, IMPACTS ON NEIGHBORHOOD CHARACTER, AND THE
RESOURCES OF LOCAL SCHOOL SYSTEMS; EXCEPT THAT, IN THE CASE OF A DISAD-
VANTAGED COMMUNITY, SUCH TOPICS OF CONCERN MAY INCLUDE TRAFFIC IMPACTS
AND THE RESOURCES OF LOCAL SCHOOL SYSTEMS.
(B) TO BE DETERMINED AS A "QUALIFYING ACTION" UNDER PARAGRAPH (A) OF
THIS SUBDIVISION, THE PROPOSED MULTIPLE DWELLING SHALL:
(I) BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN
URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU;
(II) BE LOCATED ON PREVIOUSLY DISTURBED LAND;
(III) QUALIFY AS AFFORDABLE HOUSING, AS SHALL BE DETERMINED BY THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL, RELATIVE TO THE MUNICIPALITY
OR COUNTY, AS SHALL BE DETERMINED BY THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL, IN WHICH IT IS LOCATED; AND
(IV) NOT BE LOCATED IN AN AREA:
(1) PROJECTED TO EXPERIENCE FLOODING IN THE EVENT OF SEA LEVEL RISE
GREATER THAN OR EQUAL TO THE HIGH-MEDIUM PROJECTION BY YEAR TWENTY-ONE
HUNDRED AS SET FORTH IN REGULATIONS PROMULGATED PURSUANT TO SECTION
3-0319 OF THIS CHAPTER, OR ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE
SEA LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
(2) DESIGNATED AS A SPECIAL FLOOD HAZARD AREA BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY, PROVIDED THAT THIS PROVISION SHALL NOT APPLY TO MUNI-
CIPALITIES THAT HAVE ADOPTED A BUILDING CODE THAT MITIGATES FLOOD HAZARD
RISK BY REQUIRING NEW CONSTRUCTION TO BE ELEVATED ABOVE THE BASE FLOOD
ELEVATION AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ; OR
(3) DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPARTMENT.
3. MANDATORY REVIEW. EVERY ACTION THAT IS A QUALIFYING ACTION UNDER
SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE SUBJECTED TO A DETERMI-
NATION BY THE LOCAL PERMITTING AUTHORITY OF WHETHER SUCH ACTION IS
EXEMPT UNDER SUBDIVISION ONE OF THIS SECTION, AND IF SUCH ACTION IS NOT
EXEMPT UNDER SUBDIVISION ONE OF THIS SECTION, WHETHER SUCH ACTION IS
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EXEMPT UNDER SUBDIVISION TWO OF THIS SECTION. IF, AFTER SIXTY DAYS, THE
LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR
SUCH MULTIPLE DWELLING HAS FAILED TO RETURN SUCH A DETERMINATION, THE
APPLICANT MAY APPEAL TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
FOR A DETERMINATION, AND IN SUCH CASE THE DIVISION SHALL RENDER A DETER-
MINATION WITHIN SIXTY DAYS OF RECEIPT OF THE APPLICATION.
4. HISTORIC SITES. AN ACTION OTHERWISE EXEMPT FROM ENVIRONMENTAL
REVIEW REQUIREMENTS UNDER SUBDIVISION ONE OF THIS SECTION MAY BE
REQUIRED TO UNDERGO ENVIRONMENTAL REVIEW PURSUANT TO THIS ARTICLE OR THE
RULES OR REGULATIONS PROMULGATED PURSUANT HERETO ON THE BASIS THAT THE
MULTIPLE DWELLING WOULD BE CONSTRUCTED WHOLLY OR PARTIALLY WITHIN A
HISTORIC SITE, PROVIDED, HOWEVER THAT SUCH ACTION AFFECTS A CONTRIBUTING
PROPERTY WITHIN SUCH HISTORIC SITE, AND PROVIDED FURTHER THAT SUCH ENVI-
RONMENTAL REVIEW IS LIMITED IN ITS SCOPE TO SUCH CONTRIBUTING PROPERTY.
AN ACTION SHALL NOT BE REQUIRED TO UNDERGO AN ENVIRONMENTAL REVIEW UNDER
THIS SUBDIVISION SOLELY ON THE BASIS THAT SUCH THE PROPOSED MULTIPLE
DWELLING WOULD BE SUBSTANTIALLY CONTIGUOUS TO A HISTORIC SITE, OR
LOCATED IN A NEIGHBORHOOD CONTAINING HISTORIC SITES.
5. WASTEWATER TREATMENT AND STORMWATER MANAGEMENT. (A) AN ACTION
EXEMPT FROM ENVIRONMENTAL REVIEW REQUIREMENTS UNDER SUBDIVISION ONE OR
TWO OF THIS SECTION MAY PROVIDE CONCEPT PLANS TO EITHER THE APPROPRIATE
LOCAL GOVERNMENTAL ENTITY OR THE DEPARTMENT THAT DEMONSTRATE THAT THE
MULTIPLE DWELLING WILL HAVE ADEQUATE WASTEWATER TREATMENT TO ACCOMMODATE
THE COMPLETED MULTIPLE DWELLING FOR NO LESS THAN THIRTY YEARS. THE
DEPARTMENT SHALL ESTABLISH A METHOD BY WHICH DEVELOPERS OF PROPOSED
MULTIPLE DWELLINGS MAY SUBMIT SUCH CONCEPT PLANS PURSUANT TO THIS PARA-
GRAPH. UPON SUBMISSION OF SUCH CONCEPT PLANS, THE LOCAL GOVERNMENTAL
ENTITY OR THE DEPARTMENT, AS APPLICABLE, SHALL APPROVE OR DENY SUCH
CONCEPT WASTEWATER TREATMENT PLANS NO LATER THAN THIRTY DAYS AFTER
SUBMISSION OF SUCH PLANS.
(B) AN ACTION EXEMPT FROM ENVIRONMENTAL REVIEW REQUIREMENTS UNDER
SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE REQUIRED TO MAINTAIN
COMPLIANCE WITH ALL APPLICABLE STORMWATER REGULATIONS.
6. DISADVANTAGED COMMUNITIES. THE DEPARTMENT SHALL REQUIRE, BY RULE OR
REGULATION, THAT QUALIFYING ACTIONS WITH RESPECT TO THE CONSTRUCTION OF
NEW MULTIPLE DWELLINGS SHALL NOT:
(A) CONTRIBUTE MORE THAN A DE MINIMIS AMOUNT OF POLLUTION OR ANY
DISPROPORTIONATE POLLUTION BURDEN AFTER THE COMPLETION OF CONSTRUCTION;
OR
(B) DIRECTLY DISPLACE LOW-INCOME HOUSEHOLDS BY REDUCING, IN AGGRE-
GATE, THEIR RESIDENTIAL HOUSING OPPORTUNITIES IN A DISADVANTAGED COMMU-
NITY.
7. AUTHORITY OF THE COMMISSIONER. THE COMMISSIONER SHALL BE AUTHORIZED
TO CONSULT WITH ANY OTHER STATE OR LOCAL AGENCY AND TO PROMULGATE AND/OR
AMEND ANY RULES AND/OR REGULATIONS SUCH COMMISSIONER SHALL DEEM NECES-
SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION; PROVIDED,
HOWEVER, THAT THE DEPARTMENT AND THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL SHALL JOINTLY PROMULGATE SUCH RULES AND REGULATIONS AS THEY
SHALL DEEM NECESSARY FOR THE IMPLEMENTATION OF SUBDIVISION SIX OF THIS
SECTION.
§ 3. Section 8-0105 of the environmental conservation law is amended
by adding six new subdivisions 11, 12, 13, 14, 15 and 16 to read as
follows:
11. "HISTORIC SITE" MEANS A HISTORIC BUILDING, STRUCTURE, FACILITY,
SITE OR DISTRICT, OR PREHISTORIC SITE THAT IS LISTED ON THE NATIONAL
REGISTER OF HISTORIC PLACES (36 CFR PARTS 60 AND 63), OR THAT IS LISTED
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ON THE STATE REGISTER OF HISTORIC PLACES OR THAT HAS BEEN DETERMINED BY
THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION TO BE
ELIGIBLE FOR LISTING ON THE STATE REGISTER OF HISTORIC PLACES PURSUANT
TO SECTION 14.07 OR 14.09 OF THE PARKS, RECREATION AND HISTORIC PRESER-
VATION LAW, OR HISTORIC BUILDINGS LISTED AS LANDMARKS BY THE NEW YORK
CITY LANDMARKS PRESERVATION COMMISSION.
12. "CONTRIBUTING PROPERTY" MEANS A BUILDING, STRUCTURE, FACILITY, OR
SITE LOCATED WITHIN A HISTORIC SITE OR DISTRICT THAT WHOLLY OR PARTIALLY
CONTRIBUTES TO SUCH DESIGNATION AS A HISTORIC SITE.
13. "DWELLING" MEANS ANY BUILDING OR STRUCTURE OR PORTION THEREOF
WHICH IS OCCUPIED OR INTENDED TO BE OCCUPIED IN WHOLE OR IN PART AS THE
HOME, RESIDENCE, OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS.
14. "MULTIPLE DWELLING" MEANS A DWELLING THAT IS EITHER RENTED,
LEASED, LET OR HIRED OUT, OR SOLD, TO BE OCCUPIED, OR IS OCCUPIED AS THE
RESIDENCE OR HOME OF FOUR OR MORE SEPARATE INDIVIDUALS OR GROUPS OF
INDIVIDUALS LIVING INDEPENDENTLY OF EACH OTHER, INCLUDING, BUT NOT
LIMITED TO, APARTMENTS, CONDOMINIUMS, AND TOWNHOUSES. A "MULTIPLE DWELL-
ING" SHALL NOT BE DEEMED TO INCLUDE A CLASS B MULTIPLE DWELLING AS
DEFINED BY SECTION FOUR OF THE MULTIPLE DWELLING LAW, OR A HOSPITAL,
CONVENT, MONASTERY, RESIDENTIAL CARE FACILITY, OR A BUILDING USED WHOLLY
FOR COMMERCIAL PURPOSES.
15. "RESIDENTIAL UNIT" MEANS A ROOM OR GROUP OF ROOMS WITHIN A MULTI-
PLE DWELLING THAT IS DESIGNATED AS THE LIVING QUARTERS FOR AN INDIVIDUAL
OR GROUP OF INDIVIDUALS LIVING INDEPENDENTLY FROM OTHER INDIVIDUALS
OCCUPYING SUCH MULTIPLE DWELLING.
16. "PREVIOUSLY DISTURBED LAND" SHALL MEAN A PARCEL OR LOT OF LAND
THAT WAS OCCUPIED OR FORMERLY OCCUPIED BY A BUILDING OR OTHERWISE
IMPROVED OR UTILIZED ONE YEAR PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
VISION, AND WAS NOT MOST RECENTLY USED FOR COMMERCIAL AGRICULTURAL
PURPOSES.
§ 4. Section 600 of the public housing law is amended by adding a new
subdivision 6 to read as follows:
6. A COVERED HOUSING AGENCY IN THIS STATE SHALL BE SUBJECT, AS APPLI-
CABLE, TO THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVA-
TION LAW AND ANY RULES AND/OR REGULATIONS PROMULGATED THERETO.
§ 5. 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 to be made and
completed on or before such effective date.