LBD14815-04-4
A. 9991 2
18. (A) FOR PURPOSES OF THIS SUBDIVISION:
(I) THE TERM "PUBLIC UTILITY" INCLUDES A COMBINED GAS AND ELECTRIC
CORPORATION, AN ELECTRIC CORPORATION, A GAS CORPORATION, THE LONG ISLAND
POWER AUTHORITY AND THE NEW YORK POWER AUTHORITY;
(II) THE TERM "DROUGHT" MEANS MODERATE, SEVERE, OR EXTREME DROUGHT
CONDITIONS AS MEASURED BY THE PALMER DROUGHT SEVERITY INDEX;
(III) THE TERM "HEIGHTENED POTENTIAL FOR FOREST FIRES" MEANS A UNITED
STATES FOREST SERVICE FIRE DANGER RATING OF "HIGH," "VERY HIGH," OR
"EXTREME"; AND
(IV) THE TERM "WEATHER EVENT" SHALL INCLUDE PRECIPITATION, AMBIENT
ATMOSPHERIC TEMPERATURE, WIND, HUMIDITY, TROPICAL CYCLONE, NOR'EASTER,
TORNADO, DERECHO, MICROBURST, FLOOD, DROUGHT, OR FOREST FIRE.
(B) EACH PUBLIC UTILITY SHALL SUBMIT TO THE COMMISSION AND TO THE
COUNTY EXECUTIVE OR CHIEF ELECTED OFFICIAL OF EACH COUNTY WITHIN ITS
SERVICE TERRITORY A CLIMATE CHANGE IMPACT STATEMENT ("STATEMENT")
CONTAINING, WITHOUT LIMITATION, ALL OF THE ELEMENTS SET FORTH IN PARA-
GRAPH (H) OF THIS SUBDIVISION, IN ACCORDANCE WITH THE APPLICABLE SCHED-
ULE FOR SUCH SUBMISSIONS SET FORTH IN PARAGRAPHS (C), (D) AND (E) OF
THIS SUBDIVISION. FOR THE PURPOSES OF A PUBLIC UTILITY OPERATING WITHIN
THE CITY OF NEW YORK, SUCH PUBLIC UTILITY SHALL FILE A COPY OF ITS
CLIMATE CHANGE IMPACT STATEMENT WITH THE EMERGENCY MANAGEMENT OFFICE OF
THE CITY OF NEW YORK.
(C) IN TWO THOUSAND SIXTEEN, AND EVERY FIFTH YEAR THEREAFTER, ON OR
BEFORE THE FIRST DAY OF JUNE, THE LONG ISLAND POWER AUTHORITY, WITH THE
ASSISTANCE OF THE SERVICE PROVIDER OR PROVIDERS, AND THE NEW YORK POWER
AUTHORITY SHALL EACH SUBMIT TO THE COMMISSION AND TO THE COUNTY EXECU-
TIVE OR CHIEF ELECTED OFFICIAL OF EACH COUNTY WITHIN THEIR RESPECTIVE
SERVICE TERRITORIES A CLIMATE CHANGE IMPACT STATEMENT BASED ON THE FIVE
CALENDAR YEARS IMMEDIATELY PRECEDING THE SUBMISSION DATE.
(D) IN TWO THOUSAND SEVENTEEN, AND EVERY FIFTH YEAR THEREAFTER, ON OR
BEFORE THE FIRST DAY OF JUNE, EACH COMBINED GAS AND ELECTRIC CORPORATION
SHALL SUBMIT TO THE COMMISSION AND TO THE COUNTY EXECUTIVE OR CHIEF
ELECTED OFFICIAL OF EACH COUNTY WITHIN ITS SERVICE TERRITORY A CLIMATE
CHANGE IMPACT STATEMENT BASED ON THE FIVE CALENDAR YEARS IMMEDIATELY
PRECEDING THE SUBMISSION DATE.
(E) IN TWO THOUSAND EIGHTEEN, AND EVERY FIFTH YEAR THEREAFTER, ON OR
BEFORE THE FIRST DAY OF JUNE, EACH GAS CORPORATION AND ELECTRIC CORPO-
RATION SHALL SUBMIT TO THE COMMISSION AND TO THE COUNTY EXECUTIVE OR
CHIEF ELECTED OFFICIAL OF EACH COUNTY WITHIN THEIR RESPECTIVE SERVICE
TERRITORIES, A CLIMATE CHANGE IMPACT STATEMENT BASED ON THE FIVE CALEN-
DAR YEARS IMMEDIATELY PRECEDING THE SUBMISSION DATE.
(F) IN THE EVENT THAT AT ANY TIME BETWEEN THE CLOSE OF THE REPORTING
PERIOD AND THE SCHEDULED SUBMISSION OF A CLIMATE CHANGE IMPACT STATEMENT
A WEATHER EVENT OCCURS THAT COULD POTENTIALLY ALTER ONE OR MORE MATERIAL
ELEMENTS IN THE STATEMENT, THEN THE PUBLIC UTILITY SHALL PROMPTLY
REQUEST AN EXTENSION OF TIME FROM THE COMMISSION TO INCORPORATE SUCH NEW
INFORMATION INTO THE STATEMENT. ANY EXTENSION GRANTED BY THE COMMISSION
SHALL NOT EXTEND THE PUBLIC UTILITY'S TIME TO SUBMIT THE STATEMENT BY
MORE THAN SIXTY DAYS.
(G) THE CLIMATE CHANGE IMPACT STATEMENT SHALL DESCRIBE THE PUBLIC
UTILITY'S EFFORTS OVER THE COURSE OF THE PREVIOUS FIVE CALENDAR YEARS TO
ASCERTAIN THE MOST CURRENT CREDIBLE INFORMATION ABOUT CLIMATE CHANGE,
SET FORTH THAT INFORMATION, ASSESS, BASED ON THAT INFORMATION, THE PROB-
ABLE IMPACTS OF CLIMATE CHANGE ON THE PUBLIC UTILITY'S INFRASTRUCTURE
AND OPERATIONS OVER THE NEXT TWENTY YEARS OR SUCH OTHER TIME PERIOD AS
THE COMMISSION MAY DETERMINE BY REGULATION, AND DESCRIBE HOW THE PUBLIC
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UTILITY HAS INCORPORATED AND/OR WILL INCORPORATE THE PROBABLE IMPACTS OF
CLIMATE CHANGE INTO THE PUBLIC UTILITY'S FUTURE OPERATIONS, MAINTENANCE,
PLANNING, INFRASTRUCTURE DESIGN AND CONSTRUCTION, AND EMERGENCY PREPARA-
TIONS.
(H) EACH CLIMATE CHANGE IMPACT STATEMENT SUBMITTED PURSUANT TO THIS
SUBDIVISION SHALL CONTAIN, AT A MINIMUM, THE FOLLOWING:
(I) THE NAME OF THE CHIEF EXECUTIVE OFFICER OF THE PUBLIC UTILITY AND
THE NAME AND TITLE OF EACH PUBLIC UTILITY OFFICER OR EMPLOYEE PRINCIPAL-
LY RESPONSIBLE FOR THE PREPARATION OF THE CLIMATE CHANGE IMPACT STATE-
MENT. IN ADDITION, THE PUBLIC UTILITY SHALL PREPARE SEPARATELY AND
SUBMIT TO THE COMMISSION A LIST, BY NAME AND POSITION OR JOB TITLE, OF
ALL EMPLOYEES OF THE REPORTING PUBLIC UTILITY WHO DIRECTLY PARTICIPATED
IN THE PREPARATION OF THE STATEMENT, EXCLUDING THOSE EMPLOYEES WHO
PROVIDED SOLELY CLERICAL SERVICES. FOR EACH SUCH PARTICIPATING EMPLOYEE
BRIEFLY STATE THE NATURE OF HIS OR HER INVOLVEMENT AND THE TOTAL NUMBER
OF WORK HOURS SUCH EMPLOYEE DEVOTED TO THE PREPARATION OF THE STATEMENT.
(II) A LIST, BY NAME AND AFFILIATION, OF ALL CONSULTANTS, CONTRACTORS
AND ANY OTHER PERSON OR ENTITY NOT IDENTIFIED IN SUBPARAGRAPH (I) OF
THIS PARAGRAPH RETAINED BY THE REPORTING PUBLIC UTILITY TO PREPARE OR
ASSIST IN THE PREPARATION OF THE STATEMENT. FOR EACH SUCH PERSON OR
ENTITY STATE THE NATURE OF THE SERVICES PROVIDED INCLUDING THE NUMBER OF
HOURS INVOLVED AND THE COSTS OF SUCH SERVICES TO THE PUBLIC UTILITY.
(III) A LIST OF ALL GOVERNMENT, TECHNICAL, ACADEMIC AND OTHER REPORTS
OR INFORMATION CONSULTED OR CONSIDERED DURING THE PREPARATION OF THE
STATEMENT AND, IF ANY OF THESE MATERIALS WERE FOUND BY THE REPORTING
PUBLIC UTILITY TO BE NOT CREDIBLE, THE GROUNDS FOR SUCH FINDING. IDENTI-
FY AND STATE THE FACTS AND RESULTS OF ANY REPORTING YEAR WEATHER EVENT
THAT THE PUBLIC UTILITY BELIEVES HAD A MATERIAL IMPACT ON ITS PLANNING
OR PREPARATION.
(IV) A STATEMENT SETTING FORTH IN DETAIL THE CONCLUSIONS DRAWN BY THE
REPORTING PUBLIC UTILITY FROM THE INFORMATION IDENTIFIED IN SUBPARAGRAPH
(III) OF THIS PARAGRAPH, REGARDING CLIMATE CHANGE AND RELATED WEATHER
EVENTS WITH RESPECT TO THEIR PROBABLE IMPACTS ON THE REPORTING PUBLIC
UTILITY'S PAST AND FUTURE OPERATIONS, MAINTENANCE, PLANNING, INFRASTRUC-
TURE DESIGN AND CONSTRUCTION, AND EMERGENCY PREPARATIONS.
(V) A DESCRIPTION OF ANY MEASURES THE REPORTING PUBLIC UTILITY HAS
UNDERTAKEN TO INCORPORATE ITS CONCLUSIONS ABOUT THE PROBABLE IMPACTS OF
CLIMATE CHANGE AND RELATED WEATHER EVENTS INTO ITS FUTURE OPERATIONS,
MAINTENANCE, PLANNING, INFRASTRUCTURE DESIGN AND CONSTRUCTION, AND EMER-
GENCY PREPARATIONS.
(VI) COPIES OF THE APPROPRIATE CURRENT AND PROPOSED FEDERAL EMERGENCY
MANAGEMENT AGENCY FLOOD PLAIN MAPS AND SUCH OTHER FLOOD PLAIN MAPS THAT
THE COMMISSION MAY DETERMINE BY REGULATION TO BE APPROPRIATE, WHICH MAP
OR MAPS THE REPORTING PUBLIC UTILITY SHALL MODIFY TO SHOW THE LOCATION
OF THE REPORTING PUBLIC UTILITY'S INFRASTRUCTURE WITHIN PREDICTED ONE
HUNDRED YEAR AND FIVE HUNDRED YEAR FLOOD ZONES.
(VII) IF ANY OF THE REPORTING PUBLIC UTILITY'S INFRASTRUCTURE IS
LOCATED ON LAND FOR WHICH THERE IS NO CURRENT OR PROPOSED FEDERAL EMER-
GENCY MANAGEMENT AGENCY OR OTHER COMMISSION APPROVED FLOOD PLAIN MAP, A
CURRENT UNITED STATES GEOLOGICAL SURVEY MAP MODIFIED TO SHOW THE
LOCATION OF THE REPORTING PUBLIC UTILITY'S INFRASTRUCTURE AND AN ASSESS-
MENT BY THE PUBLIC UTILITY CONCERNING THE RISK TO SUCH INFRASTRUCTURE
FROM FLOODING, STORM SURGE, WAVE ACTION OR OTHER WATER DAMAGE.
(VIII) FOR ANY STATEMENT SUBMITTED BY THE LONG ISLAND POWER AUTHORITY,
THE NEW YORK POWER AUTHORITY OR ANY COMBINED GAS AND ELECTRIC CORPO-
RATION, A DESCRIPTION OF ANY CHANGES IN PROCEDURES, PRACTICES OR
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RESOURCES, INCLUDING CHANGES IN PERSONNEL, RESULTING FROM THE CONSE-
QUENCES OF EACH AND EVERY WEATHER EVENT THAT CAUSED DAMAGE OF ONE
MILLION DOLLARS OR MORE TO THE INFRASTRUCTURE OF THE REPORTING PUBLIC
UTILITY DURING THE FIVE CALENDAR YEARS IMMEDIATELY PRECEDING THE YEAR OF
THE STATEMENT; FOR EVERY OTHER PUBLIC UTILITY NOT COVERED BY THE PRECED-
ING SENTENCE, DESCRIBE ANY CHANGES IN PROCEDURES, PRACTICES OR
RESOURCES, INCLUDING CHANGES IN PERSONNEL, RESULTING FROM THE CONSE-
QUENCES OF EACH AND EVERY WEATHER EVENT THAT CAUSED DAMAGE OF TWO
HUNDRED FIFTY THOUSAND DOLLARS OR MORE TO THE INFRASTRUCTURE OF THE
REPORTING PUBLIC UTILITY DURING THE FIVE CALENDAR YEARS PRIOR TO THE
YEAR OF THE STATEMENT.
(IX) A DESCRIPTION OF THE (A) FLOOD HARDENING STANDARD OR STANDARDS,
(B) WIND HARDENING STANDARD OR STANDARDS, (C) ICE AND SNOW HARDENING
STANDARD OR STANDARDS, AND (D) VEGETATION CONTROL STANDARD OR STANDARDS
THAT THE PUBLIC UTILITY CURRENTLY APPLIES TO ITS INFRASTRUCTURE, AND A
DESCRIPTION OF HOW THE PUBLIC UTILITY APPLIES EACH SUCH STANDARD. IF THE
PUBLIC UTILITY PROPOSES TO APPLY A DIFFERENT STANDARD IN THE FUTURE, THE
PUBLIC UTILITY SHALL IDENTIFY EACH SUCH PROPOSED CHANGE IN EACH SUCH
STANDARD AND DESCRIBE HOW IT PROPOSES TO APPLY SUCH CHANGED STANDARD.
(X) A DESCRIPTION OF HOW EXTREME AMBIENT AIR TEMPERATURE HAS AFFECTED
THE PUBLIC UTILITY'S OPERATIONS, MAINTENANCE, PLANNING, INFRASTRUCTURE
DESIGN AND CONSTRUCTION, AND EMERGENCY PREPARATIONS DURING THE FIVE
CALENDAR YEARS PRIOR TO THE YEAR OF THE STATEMENT.
(XI) A DESCRIPTION OF HOW THE PUBLIC UTILITY PROPOSES TO REDUCE THE
IMPACT OF EXTREME ELEVATED AMBIENT AIR TEMPERATURE ON ITS FUTURE OPER-
ATIONS, MAINTENANCE, PLANNING, INFRASTRUCTURE DESIGN AND CONSTRUCTION,
AND EMERGENCY PREPARATIONS.
(XII) A DESCRIPTION OF DROUGHT CONDITIONS WITHIN THE PUBLIC UTILITY'S
SERVICE AREA DURING THE REPORTING PERIOD AND WHETHER SUCH CONDITIONS
HAVE CREATED A HEIGHTENED POTENTIAL FOR FOREST FIRES OR OTHER RISKS OF
INFRASTRUCTURE DAMAGE.
(XIII) SUCH OTHER INFORMATION AS THE COMMISSION MAY DETERMINE BY REGU-
LATION IS APPROPRIATE.
(XIV) IN A PUBLIC UTILITY'S SECOND STATEMENT AND EACH SUBSEQUENT
STATEMENT, A DESCRIPTION OF HOW THE PUBLIC UTILITY'S UNDERSTANDING OF
CLIMATE CHANGE HAS EVOLVED SINCE THE PREVIOUS STATEMENT, AND A DETAILED
LISTING OF THE OPERATING, MAINTENANCE, PLANNING, DESIGN, CONSTRUCTION,
AND EMERGENCY PREPARATION IMPROVEMENTS THE PUBLIC UTILITY HAS MADE BASED
ON ITS EVOLVED UNDERSTANDING OF CLIMATE CHANGE.
(I) WITHIN THIRTY DAYS OF RECEIPT OF A PUBLIC UTILITY'S CLIMATE CHANGE
IMPACT STATEMENT THE COMMISSION SHALL PUBLISH THE STATEMENT IN THE STATE
REGISTER INITIATING A SIXTY DAY PUBLIC COMMENT PERIOD.
(J) UPON COMPLETION OF THE PUBLIC COMMENT PERIOD FOR EACH CLIMATE
CHANGE IMPACT STATEMENT, THE COMMISSION SHALL PREPARE AND ISSUE AN EVAL-
UATION OF THE STATEMENT BASED ON THE INFORMATION AVAILABLE TO IT,
INCLUDING INFORMATION IN THE STATEMENT AND TAKING INTO CONSIDERATION THE
PUBLIC COMMENTS SUBMITTED TO THE DEPARTMENT, AND SHALL TAKE SUCH OTHER
ACTION AS THE COMMISSION DEEMS APPROPRIATE. THE COMMISSION SHALL TRANS-
MIT ITS EVALUATION OF THE CLIMATE CHANGE IMPACT STATEMENT TO THE REPORT-
ING PUBLIC UTILITY AND MAKE SUCH EVALUATION AVAILABLE TO THE PUBLIC
WITHIN THREE BUSINESS DAYS OF ISSUANCE.
(K) THE COMMISSION SHALL DETERMINE THE SCHEDULING OF THE ISSUANCE OF
ITS EVALUATION OF A CLIMATE CHANGE IMPACT STATEMENT, BUT SHALL COMPLETE
THE ISSUANCE OF EACH SUCH EVALUATION NO LATER THAN NINE MONTHS AFTER THE
END OF THE PUBLIC COMMENT PERIOD FOR THE SUBJECT CLIMATE CHANGE IMPACT
STATEMENT.
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(L) NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW, RULE OR REGULATION,
THE COMMISSION SHALL HAVE THE POWER TO PRESCRIBE ADDITIONAL INFORMATION
TO BE SUBMITTED IN CLIMATE CHANGE IMPACT STATEMENTS, AND MAY PRESCRIBE
ADDITIONAL REPORTING REQUIREMENTS INCLUDING THE FINANCIAL STATUS OR
OTHER CONDITION OF A PUBLIC UTILITY.
(M) THE COMMISSION MAY WAIVE A PUBLIC UTILITY'S OBLIGATION TO FILE A
CLIMATE CHANGE IMPACT STATEMENT IN TWO THOUSAND SEVENTEEN PURSUANT TO
PARAGRAPH (D) OF THIS SUBDIVISION IF THE COMMISSION DETERMINES, UPON THE
PUBLIC UTILITY'S REQUEST, APPROPRIATE NOTICE TO THE LEGISLATURE AND THE
PUBLIC OF SUCH REQUEST AND A FORTY-FIVE-DAY PUBLIC COMMENT PERIOD, THAT
THE PUBLIC UTILITY IS SUBJECT TO A COMMISSION RATE ORDER ISSUED AFTER
TWO THOUSAND ELEVEN WHICH FOLLOWED A COMMISSION PROCEEDING IN WHICH THE
PUBLIC UTILITY'S FORMAL RESPONSE TO CLIMATE CHANGE ISSUES WAS SUFFICIENT
TO ENABLE THE COMMISSION TO MAKE A DETERMINATION THAT THE PUBLIC UTILI-
TY'S RESPONSE TO CLIMATE CHANGE FOR THE PERIOD ENDING IN TWO THOUSAND
TWENTY-ONE IS REASONABLY LIKELY TO ENABLE THE PUBLIC UTILITY TO PROVIDE
SAFE AND RELIABLE SERVICE AT JUST AND REASONABLE RATES.
(N) THE COMMISSION MAY MODIFY THE CLIMATE CHANGE IMPACT STATEMENT
FILING REQUIREMENTS SET FORTH IN THIS SUBDIVISION AS SUCH REQUIREMENTS
APPLY TO A GAS CORPORATION, ELECTRIC CORPORATION, THE LONG ISLAND POWER
AUTHORITY OR THE NEW YORK POWER AUTHORITY, UPON SUCH PUBLIC UTILITY'S
REQUEST AND SUBJECT TO APPROPRIATE NOTICE TO THE LEGISLATURE AND THE
PUBLIC AND A FORTY-FIVE-DAY PUBLIC COMMENT PERIOD, IF THE COMMISSION
FINDS THAT THE REQUIRED INFORMATION IS NOT RELEVANT TO THE PUBLIC UTILI-
TY'S SERVICE OR SERVICE TERRITORY, THE PUBLIC UTILITY'S ADOPTION OF THE
FINDINGS AND PRACTICES SET FORTH IN THE STATEMENT OF AN ADJACENT PUBLIC
UTILITY IS LIKELY TO ENABLE THE PUBLIC UTILITY TO RESPOND ADEQUATELY TO
CLIMATE CHANGE WHILE AVOIDING UNNECESSARY COST, OR THAT DEVELOPING OR
COLLECTING CERTAIN INFORMATION WOULD PRESENT AN UNDUE HARDSHIP FOR THE
PUBLIC UTILITY. A PUBLIC UTILITY GRANTED A MODIFICATION PURSUANT TO
THIS PARAGRAPH SHALL, NOTWITHSTANDING SUCH MODIFICATION, COMPLY WITH
EVERY OTHER APPLICABLE REQUIREMENT IN THIS SUBDIVISION.
S 4. Section 1020-f of the public authorities law, as added by chapter
517 of the laws of 1986, is amended by adding a new subdivision (ii) to
read as follows:
(II) IN TWO THOUSAND SIXTEEN, AND EVERY FIFTH YEAR THEREAFTER, ON OR
BEFORE THE FIRST DAY OF JUNE, THE LONG ISLAND POWER AUTHORITY, WITH THE
ASSISTANCE OF THE SERVICE PROVIDER OR PROVIDERS, SHALL SUBMIT TO THE
PUBLIC SERVICE COMMISSION AND TO THE COUNTY EXECUTIVE OR CHIEF ELECTED
OFFICIAL OF EACH COUNTY IN WHICH THE LONG ISLAND POWER AUTHORITY OPER-
ATES A CLIMATE CHANGE IMPACT STATEMENT PREPARED IN COMPLIANCE WITH
SUBDIVISION EIGHTEEN OF SECTION SIXTY-SIX OF THE PUBLIC SERVICE LAW. ALL
SUBSTANTIVE REQUIREMENTS AND PROCEDURES SET FORTH IN SUCH SUBDIVISION
SHALL APPLY TO THE LONG ISLAND POWER AUTHORITY AND TO THE CLIMATE CHANGE
IMPACT STATEMENT SUBMITTED BY SUCH POWER AUTHORITY.
S 5. The opening paragraph of section 1014 of the public authorities
law is designated subdivision 1 and a new subdivision 2 is added to read
as follows:
2. NOTWITHSTANDING ANY PROVISION OF LAW, INCLUDING SUBDIVISION ONE OF
THIS SECTION, TO THE CONTRARY, IN TWO THOUSAND SIXTEEN, AND EVERY FIFTH
YEAR THEREAFTER, ON OR BEFORE THE FIRST DAY OF JUNE, THE NEW YORK POWER
AUTHORITY SHALL SUBMIT TO THE PUBLIC SERVICE COMMISSION AND TO THE COUN-
TY EXECUTIVE OR CHIEF ELECTED OFFICIAL OF EACH COUNTY IN WHICH THE NEW
YORK POWER AUTHORITY OPERATES A CLIMATE CHANGE IMPACT STATEMENT PREPARED
IN COMPLIANCE WITH SUBDIVISION EIGHTEEN OF SECTION SIXTY-SIX OF THE
PUBLIC SERVICE LAW; PROVIDED, HOWEVER, THAT FOR THE CITY OF NEW YORK,
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THE NEW YORK POWER AUTHORITY SHALL FILE A COPY OF SUCH STATEMENT WITH
THE EMERGENCY MANAGEMENT OFFICE OF THE CITY OF NEW YORK. ALL SUBSTAN-
TIVE REQUIREMENTS AND PROCEDURES SET FORTH IN SUCH SUBDIVISION SHALL
APPLY TO THE CLIMATE CHANGE IMPACT STATEMENT SUBMITTED BY SUCH POWER
AUTHORITY.
S 6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.