S. 6182--A 2
175-b.] Rules and regulations.
[175-c] 175-A. Review by court.
[175-d] 175-B. Violations remedies.
§ 173. APIARY INDUSTRY ADVISORY COMMITTEE. 1. THERE IS HEREBY ESTAB-
LISHED WITHIN THE DEPARTMENT AN APIARY INDUSTRY ADVISORY COMMITTEE WHICH
SHALL CONSIST OF NO MORE THAN FIFTEEN MEMBERS TO BE APPOINTED BY THE
COMMISSIONER BASED ON THEIR EXPERIENCE AND EXPERTISE IN THE APIARY
INDUSTRY. OF THE MEMBERS SO APPOINTED, AT LEAST TWO MEMBERS SHALL REPRE-
SENT EACH OF THE THREE SECTORS OF THE APIARY INDUSTRY, COMMERCIAL BEEK-
EEPERS, PART-TIME BEEKEEPERS AND HOBBYIST BEEKEEPERS; AT LEAST ONE
MEMBER SHALL REPRESENT THE HORTICULTURE OR VEGETABLE INDUSTRY AND ONE
MEMBER SHALL BE AN OFFICER OR EMPLOYEE OF THE CORNELL COOPERATIVE EXTEN-
SION SERVICE. MEMBERS SHALL BE APPOINTED FOR A TERM OF THREE YEARS AND
MAY SERVE UNTIL THEIR SUCCESSORS ARE CHOSEN PROVIDED, HOWEVER, THAT OF
THE MEMBERS FIRST APPOINTED, FIVE SHALL SERVE FOR A TERM OF ONE YEAR,
FIVE SHALL SERVE FOR A TERM OF TWO YEARS, AND FIVE SHALL SERVE FOR A
TERM OF THREE YEARS. MEMBERS SHALL SERVE WITHOUT SALARY. THE COMMISSION-
ER OR HIS OR HER DESIGNEE SHALL BE THE CHAIRPERSON OF THE COMMITTEE.
2. THE DUTIES AND RESPONSIBILITIES OF THE APIARY INDUSTRY ADVISORY
COMMITTEE SHALL INCLUDE PROVIDING ADVICE, COMMENTS AND RECOMMENDATIONS
TO THE COMMISSIONER REGARDING STATE GOVERNMENT PLANS, POLICIES AND
PROGRAMS AFFECTING THE APIARY INDUSTRY AND SUCH OTHER MATTERS AS THE
COMMISSIONER MAY REQUEST IN RELATION TO THIS ARTICLE.
3. THE ADVISORY COMMITTEE SHALL MEET AT LEAST ONCE ANNUALLY, AT TIMES
AND PLACES SET BY THE COMMISSIONER.
4. THE COMMISSIONER MAY ASK OTHER INDIVIDUALS TO ATTEND THE COMMIT-
TEE'S MEETINGS OR WORK WITH IT AS NEEDED.
§ 173-A. DEFINITIONS. WHEN USED IN THIS ARTICLE:
1. "APIARY" SHALL MEAN ANY LOCATION USED FOR RAISING HONEYBEES OR
PRODUCING HONEY OR OTHER BEE RELATED PRODUCTS.
2. "COLONY" SHALL MEAN ANY PRODUCTION UNIT OF BEES.
3. "NUCLEUS COLONY" SHALL MEAN A STARTER COLONY, CONSISTING OF A
LAYING QUEEN AND UP TO FIVE FRAMES OF BROOD AND BEES.
4. "BEEKEEPER" SHALL MEAN ANY INDIVIDUAL OR ENTITY THAT MAINTAINS
MANAGED HONEYBEES FOR PROFIT, RESEARCH, RECREATIONAL, OR EDUCATIONAL
§ 173-B. Eradication of bee diseases and certain insects affecting
bees. The commissioner may cause inspections to be made of apiaries in
the state for the discovery of infectious, contagious or communicable
diseases and for the discovery of insects and parasitic organisms
adversely affecting bees, and for the discovery of species or subspecies
of bees which have been determined by him to cause injury, directly or
indirectly, to this state's [useful] MANAGED bee population, crops, or
other plants. THE COMMISSIONER SHALL PROVIDE A BEEKEEPER OR HIS OR HER
DESIGNATED AGENT WITH ADVANCE NOTICE OF ANY INSPECTION OF AN APIARY. He
OR SHE may also cause investigations to be made as to the best method
for the eradication of diseases of bees, insects or parasitic organisms
adversely affecting bees, or for the eradication of species or subspe-
cies of bees which have been determined by him OR HER to cause injury,
directly or indirectly, to this state's [useful] MANAGED bee population,
crops, or other plants and he OR SHE may plan and execute appropriate
methods for such eradication.
The commissioner shall have access to all apiaries, structures, appli-
ances or premises where bees or honey or comb used in apiaries may be.
He OR SHE may open any hive, colony, package or receptacle of any kind
containing or which he OR SHE has reason to believe contains any bees,
S. 6182--A 3
comb, bee products, used beekeeping appliances, or anything else which
is capable of transmitting contagious or infectious diseases of bees or
which is capable of harboring insects or parasitic organisms adversely
affecting bees, or species or subspecies of bees which have been deter-
mined by him OR HER to cause injury, directly or indirectly, to this
state's [useful] MANAGED bee population, crops, or other plants.
§ 173-C. COOPERATIVE HONEYBEE HEALTH IMPROVEMENT PROGRAM. 1. IN
SUPPORT OF THE DUTIES OUTLINED IN THIS ARTICLE, AS WELL AS THE GOALS AND
OBJECTIVES SET FORTH IN THE NEW YORK STATE POLLINATOR PROTECTION PLAN
(JUNE, 2016) AND ANY SUBSEQUENT VERSIONS OF THE PLAN; THE COMMISSIONER
SHALL CREATE A COOPERATIVE HONEYBEE HEALTH IMPROVEMENT PROGRAM WHICH
(A) ALL BEEKEEPERS SHALL PROVIDE TO THE COMMISSIONER THE NUMBER OF
MANAGED COLONIES AND THE COUNTY IN WHICH EACH OF THESE COLONIES IS
LOCATED; AND CURRENT CONTACT INFORMATION OF THE INDIVIDUAL OR INDIVID-
UALS RESPONSIBLE FOR THE CARE OF THESE BEES. ALL BEEKEEPERS SHALL ALSO
INDICATE WHETHER THEY INTEND TO SELL NUCLEUS COLONIES ("NUCS"). THIS
INFORMATION SHALL BE UPDATED AND PROVIDED TO THE COMMISSIONER ON AN
(B) THE DEPARTMENT SHALL USE THIS INFORMATION TO COMMUNICATE THE INCI-
DENCE OF INFECTIOUS DISEASES AND PARASITES AT THE COUNTY LEVEL TO BEEK-
EEPERS AND BEE CLUBS. THE DEPARTMENT SHALL ALSO USE THIS INFORMATION TO
ESTABLISH THE BOUNDARIES OF DISEASE AND PARASITE INFESTATIONS IN THE
AREA SURROUNDING A CONFIRMED DISEASE OR PARASITE INFESTATION.
(C) ANY INDIVIDUAL OR BUSINESS THAT INTENDS TO SELL NUCLEUS COLONIES
("NUCS") PRODUCED WITHIN AND OFFERED FOR SALE TO OTHER PERSONS IN NEW
YORK MUST FIRST HAVE AN INSPECTION OF THE OPERATION BY THE DEPARTMENT
WHICH INSPECTIONS SHALL CONTINUE ON AN ANNUAL BASIS, SO LONG AS "NUCS"
ARE OFFERED FOR SALE. THESE INSPECTIONS SHALL ASCERTAIN WHETHER THE
OPERATION IS FREE FROM AMERICAN FOULBROOD AND WHETHER LEVELS OF OTHER
INFECTIOUS DISEASES AND PARASITES IN THE OPERATION RENDER THE "NUCS"
UNFIT FOR SALE. OPERATIONS FOUND TO BE INFESTED WITH AMERICAN FOULBROOD
SHALL BE PROHIBITED FROM SELLING "NUCS" FOR A PERIOD OF ONE YEAR, OR
UNTIL THE OPERATION IS INSPECTED AND FOUND TO BE FREE FROM AMERICAN
(D) NO PERSON SHALL TRANSPORT, MOVE, BUY, SELL, POSSESS, BARTER, OFFER
FOR SALE OR BARTER, DELIVER, OR OFFER FOR TRANSPORTATION ANY SPECIES OR
SUBSPECIES OF BEES WHICH HAVE BEEN DETERMINED BY THE COMMISSIONER TO
CAUSE INJURY, DIRECTLY OR INDIRECTLY, TO THE PUBLIC SAFETY OR TO THIS
STATE'S MANAGED BEE POPULATION, CROPS, OR OTHER PLANTS; PROVIDED, HOWEV-
ER, THAT THE COMMISSIONER MAY, AT HIS OR HER DISCRETION, EXEMPT THE
TRANSPORTATION, SALE, POSSESSION, MOVEMENT, OR DELIVERY OF SUCH BEES
USED FOR SCIENTIFIC OR EDUCATIONAL PURPOSES UNDER SUCH SAFEGUARDS AS HE
OR SHE MAY DEEM NECESSARY.
(E) EVERY SHIPMENT OF LIVE BEES IN CAGES OR PACKAGES WITHOUT COMB INTO
THIS STATE FROM ANOTHER STATE OR FOREIGN COUNTRY, SHALL BE ACCOMPANIED
BY A PERMIT ISSUED BY THE COMMISSIONER, OR BY A CERTIFICATE OF FREEDOM
FROM DISEASE EXECUTED BY AN OFFICIAL OF SUCH STATE OR FOREIGN COUNTRY
RECOGNIZED BY THE COMMISSIONER.
(F) EVERY SHIPMENT OF A COLONY OF BEES, USED COMB, USED BEEKEEPING
EQUIPMENT, OR LIVE BEES ON COMB INTO THIS STATE FROM ANOTHER STATE OR
FOREIGN COUNTRY, SHALL BE ACCOMPANIED BY A PERMIT ISSUED BY THE COMMIS-
SIONER OR BY A CERTIFICATE OF FREEDOM FROM DISEASES AND PARASITIC ORGAN-
ISMS ADVERSELY AFFECTING BEES AND FROM SPECIES OR SUBSPECIES OF BEES
WHICH HAVE BEEN DETERMINED BY THE COMMISSIONER TO CAUSE INJURY DIRECTLY
OR INDIRECTLY, TO THE PUBLIC SAFETY OR TO THE STATE'S MANAGED BEE POPU-
S. 6182--A 4
LATION, CROPS, OR OTHER PLANTS; AND CERTIFYING THAT A PROPER INSPECTION
WAS MADE NOT EARLIER THAN SIXTY DAYS PRECEDING THE DATE OF SHIPMENT.
SUCH CERTIFICATE SHALL BE EXECUTED BY THE CERTIFYING OFFICIAL OF SUCH
STATE OR FOREIGN COUNTRY. A DUPLICATE OF SUCH CERTIFICATE MUST BE
RECEIVED BY THE DEPARTMENT BEFORE ANY SUCH SHIPMENT ENTERS THE STATE.
EVERY TRANSPORTATION COMPANY UPON RECEIPT OF SUCH SHIPMENT SHALL IMME-
DIATELY NOTIFY THE COMMISSIONER THEREOF, GIVING THE NAME AND ADDRESS OF
THE CONSIGNOR OR CONSIGNEE.
2. THE GOALS OF THE COOPERATIVE HONEYBEE HEALTH IMPROVEMENT PROGRAM
SHALL BE TO:
(A) DOCUMENT THE HEALTH OF THE STATE'S MANAGED POLLINATOR POPULATION,
INCLUDING THE PRESENCE OF PARASITES, DISEASES, AND ENVIRONMENTAL THREATS
TO THE STATE'S POPULATION OF MANAGED POLLINATORS;
(B) PROVIDE INFORMATION ON HONEYBEE HEALTH TO BEEKEEPERS, STAKEHOLDERS
AND ACADEMIA TO INFORM RESEARCH AND BEST MANAGEMENT PRACTICES RELATED TO
(C) DOCUMENT THE ANNUAL POPULATION OF MANAGED POLLINATORS IN EACH
COUNTY WITHIN NEW YORK STATE; AND
(D) COLLECT CONTACT INFORMATION FOR EACH BEEKEEPER TO ALLOW FOR BETTER
COMMUNICATION AMONG THE DEPARTMENT AND BEEKEEPERS RELATING TO THE INCI-
DENCE OF PARASITES, DISEASE AND OTHER HEALTH THREATS THAT COULD BE TRAN-
SMITTED WITHIN THE FLIGHT RANGE OF MANAGED POLLINATORS.
3. THERE SHALL BE NO FEE OR OTHER REGISTRATION COST FOR ENROLLMENT IN
THE COOPERATIVE HONEYBEE HEALTH IMPROVEMENT PROGRAM.
4. THE INFORMATION PROVIDED TO THE COMMISSIONER AS REQUIRED BY PARA-
GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL BE CONSIDERED CONFI-
DENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE, EXCEPT SUCH INFORMATION
SHALL NOT BE CONSIDERED CONFIDENTIAL AS DEEMED NECESSARY BY THE COMMIS-
SIONER TO IMPLEMENT THE PURPOSES OF THIS ARTICLE. IF THE COMMISSIONER
DEEMS IT NECESSARY TO RELEASE SUCH INFORMATION, HE OR SHE SHALL PROVIDE
WRITTEN NOTICE TO THE BEEKEEPER AT LEAST TWENTY-ONE DAYS BEFORE RELEAS-
ING SUCH INFORMATION.
§ 174. Keeping of diseased and banned bees prohibited; existence of
disease to be reported.
1. No person shall keep in his OR HER possession or under his OR HER
care any colony of bees affected with a contagious or infectious disease
or infested by [insects] DISEASE or parasitic organisms adversely
affecting bees, or by species or subspecies of bees which have been
determined by the commissioner to cause injury, directly or indirectly,
to THE PUBLIC SAFETY OR TO this state's [useful] MANAGED bee population,
crops, or other plants. Any person who [knows that any bees owned or
controlled by him are affected with, or have been exposed to, any conta-
gious or infectious disease, insects or parasitic organisms adversely
affecting bees, or by species or subspecies of bees which have been
determined by the commissioner to cause injury, directly or indirectly,
to this state's useful bee population, crops, or other plants,]: (A)
KNOWS THAT ANY BEES OWNED OR CONTROLLED BY HIM OR HER EXCEED DISEASE OR
PARASITE TOLERANCES THAT ARE ESTABLISHED IN REGULATION BY THE COMMIS-
SIONER; OR (B) KNOWS THAT ANY BEES OWNED OR CONTROLLED BY HIM OR HER ARE
A SPECIES OR SUBSPECIES OF BEES THAT HAVE BEEN DETERMINED BY THE COMMIS-
SIONER TO CAUSE INJURY, DIRECTLY OR INDIRECTLY, TO THE PUBLIC SAFETY OR
TO THIS STATE'S MANAGED BEE POPULATION, CROPS, OR OTHER PLANTS, shall at
once report such fact to the commissioner, stating all facts known to
him OR HER with reference to said contagion, infection, or exposure.
2. No person shall hide or conceal any bees or used beekeeping equip-
ment from [the inspector] DEPARTMENT EMPLOYEES OR OFFICIALS or give
S. 6182--A 5
false information in any manner pertaining to this article. No person
shall resist, impede or hinder the commissioner or his OR HER duly
authorized representatives in the discharge of his OR HER or their
3. Whenever the commissioner or his OR HER duly authorized represen-
tatives shall determine that any colony of bees, bee material, struc-
tures or appliances is infected with, or has been exposed to, contagious
or infectious diseases of bees, or is infested with or has been exposed
to insects or parasitic organisms adversely affecting bees, or to
species or subspecies of bees which have been determined by the commis-
sioner to cause injury, directly or indirectly, to this state's [useful]
MANAGED bee population, crops, or other plants, said colonies of bees
and material, structures or appliances shall be immediately placed under
quarantine and a written notice thereof shall be served on the owner or
caretaker. No person shall move, tamper with, handle, or otherwise
disturb or molest or cause to be moved, tampered with, handled, or
otherwise disturbed or molested any colonies, materials, or appliances
so quarantined without a written permit from the commissioner or his OR
HER duly authorized representatives.
4. All species and subspecies of bees which have been determined by
the commissioner to cause injury, directly or indirectly, to THE PUBLIC
SAFETY OR TO this state's [useful] MANAGED bee population, crops, or
other plants and all bees, beehives, bee fixtures or appurtenances
infected with, or exposed to, contagious or infectious diseases of bees,
or infested with, or exposed to, insects or parasitic organisms adverse-
ly affecting bees, or with or to species or subspecies of bees which
have been determined by him to cause injury, directly or indirectly, to
this state's [useful] MANAGED bee population, crops, or other plants,
are hereby declared to be nuisances to be abated as hereinafter
5. If any inspection made by the commissioner or his OR HER duly
authorized representative discloses that any apiary, appliances, struc-
tures, colonies or comb constitute a nuisance within the meaning of this
section, the commissioner or his OR HER duly authorized representatives
may with the co-operation and consent of the owner or person in charge
immediately proceed to abate the nuisance by destroying or treating such
colonies and equipment, or he OR SHE may order the owner or person in
charge to destroy or treat such colonies or equipment as may be deemed
advisable. In case the owner or person in charge will not consent to
the abatement of the nuisance by immediate destruction or treatment, the
commissioner or his OR HER duly authorized representative shall notify
[in writing] the owner, occupant or person in charge of the premises IN
WRITING that such nuisance exists and order that the same be abated
within five days after a date which shall be specified in said order.
Such order shall contain directions setting forth the method or methods
which shall be taken to abate the nuisance and shall be served upon the
owner, occupant or person in charge of the premises either personally or
by registered or certified mail.
6. If the order directs the destruction of any bees, hives, fixtures
or appurtenances and the owner thereof considers himself OR HERSELF to
be aggrieved thereby, he OR SHE may, within five days from the receipt
of the order, present to the commissioner a request for a review. Writ-
ten notice of such request must be served by mail upon the commissioner.
Upon receipt of such notice, the commissioner shall cause an investi-
gation to be made. The request for a review shall act to stay all
proceedings until the matter has been investigated and a final determi-
S. 6182--A 6
nation rendered by the commissioner. During the time specified in the
order and during any extended time permitted by reason of such review
the quarantined colonies and equipment shall not be removed, molested or
tampered with except by written permission of the commissioner or his OR
HER duly authorized representative. No damage shall be awarded to the
owner for the loss of any apiary, bees, hives, apiary appliance, or bee
product destroyed under the provisions of this section or any regulation
or order made in pursuance thereof.
7. Persons keeping bees shall keep them in hives of such construction
that the frames and combs may be easily removed without damaging them
for examination of the brood for the purpose of determining whether
disease exists in the brood.
8. No person shall expose in any place to which bees have access any
bee product, hive or other apiary appliance in such manner that conta-
gious or infectious diseases of bees may be disseminated therefrom.
9. The commissioner may promulgate rules and regulations to establish
appropriate tolerance levels for [insects] DISEASES or parasitic organ-
isms adversely affecting bees within hives, fixtures, structures or
appurtenances. Beehives conforming with such established tolerance
levels shall not be considered nuisances under this section. If upon
inspection a hive is found to exceed such tolerance levels, the commis-
sioner may consider such apiary to be a nuisance and may order the
destruction or treatment of the apiary as set forth in subdivisions
four, five and six of this section.
§ 175. [Transportation of bees and bee material. 1. No person shall
transport, move, sell, barter, offer for sale or barter, deliver, or
offer for transportation any colony of bees, used comb, used beekeeping
material, or live bees unless it be within the beekeeper's own premises
without a permit from the commissioner, except that colonies of bees and
used beekeeping equipment which are not infected with or have not been
exposed to bee disease, and which are not infested with and have not
been exposed to insects or parasitic organisms adversely affecting bees,
or to species or subspecies of bees which have been determined by the
commissioner to cause injury, directly or indirectly, to this state's
useful bee population, crops, or other plants may be moved or trans-
ported without a permit provided that the commissioner has been notified
in writing of such intention not less than ten days before the bees and
equipment are moved.
2. No person shall transport, move, buy, sell, possess, barter, offer
for sale or barter, deliver, or offer for transportation any species or
subspecies of bees which have been determined by the commissioner to
cause injury, directly or indirectly, to this state's useful bee popu-
lation, crops, or other plants, provided, that the commissioner may at
his discretion exempt the transportation, sale, possession, movement, or
delivery of such bees for scientific or educational purposes under such
safeguards as he may deem necessary.
3. Every shipment of live bees in cages or packages without comb into
this state from another state or foreign country, shall be accompanied
by a permit issued by the commissioner, or by a certificate of freedom
from disease executed by an official of such state or foreign country
recognized by the commissioner.
4. Every shipment of a colony of bees, used comb, used beekeeping
equipment, or live bees on comb into this state from another state or
foreign country, shall be accompanied by a permit issued by the commis-
sioner or by a certificate of freedom from disease, from insects and
parasitic organisms adversely affecting bees and from species or subspe-
S. 6182--A 7
cies of bees which have been determined by the commissioner to cause
injury directly or indirectly, to this state's useful bee population,
crops or other plants and certifying that a proper inspection was made
not earlier than sixty days preceding the date of shipment. Such certif-
icate shall be executed by an official of such state or foreign country
recognized by the commissioner. A duplicate of such certificate shall be
mailed to the commissioner before any such shipment enters this state.
Every transportation company upon receipt of such shipment shall imme-
diately notify the commissioner thereof, giving the name and address of
the consignor and consignee.
§ 175-b.] Rules and regulations. The commissioner is hereby author-
ized, after public hearing, to adopt, promulgate and issue such rules
and regulations as he may deem necessary to carry out and give full
force and effect to the provisions of this article, including, but not
limited to, the designation of species or subspecies of bees determined
by him OR HER to cause injury, directly or indirectly, to THE PUBLIC
SAFETY OR TO this state's [useful] MANAGED bee population, crops, or
other plants. Such rules and regulations shall be filed and open for
public inspection at the principal office of the department and shall
have the force and effect of law.
[§ 175-c.] § 175-A. Review by court. The action of the commissioner
on a request for review as authorized by section one hundred [seventy-
five herein] SEVENTY-FOUR OF THIS ARTICLE may be reviewed in the manner
provided by article seventy-eight of the civil practice law and rules,
provided, however, that a stay shall not be granted by the court or a
justice thereof pending final determination of the matter except on
notice to the commissioner. The decision of the commissioner shall be
final unless within thirty days from the receipt of written notice ther-
eof a proceeding is instituted to review the same.
[§ 175-d.] § 175-B. Violations; remedies. The commissioner may insti-
tute such action at law or in equity as may be necessary to enforce
compliance with any provision of this article or of any rule or regu-
lation promulgated thereunder and in addition to any other remedy
prescribed in article three of this chapter or otherwise may apply for
relief by injunction if necessary to protect the public interest or
abate a nuisance as defined in this article without alleging or proving
that an adequate remedy at law does not exist. Such application may be
made to the supreme court in any district or county as provided by the
civil practice act and the rules of practice of the court, or to the
supreme court in the third judicial district.
§ 3. The subdivision heading and paragraph c of subdivision 9 of
section 301 of the agriculture and markets law, the subdivision heading
as amended by chapter 440 of the laws of 1993 and paragraph c as amended
by chapter 536 of the laws of 2008, are amended to read as follows:
"Gross sales [value]" means the proceeds from the sale of:
c. Honey, ROYAL JELLY, BEE POLLEN, PROPOLIS and beeswax produced by
bees in hives located on [an otherwise qualified farm operation but
which does not independently satisfy the gross sales requirement] LAND
USED IN AGRICULTURAL PRODUCTION IN CONJUNCTION WITH THE SAME OR AN
OTHERWISE QUALIFIED FARM OPERATION;
§ 4. Paragraph (e) of subdivision 2 of section 483 of the real proper-
ty tax law, as amended by chapter 35 of the laws of 2016, is amended to
read as follows:
(e) structures and buildings used in the production of honey, ROYAL
JELLY, BEE POLLEN, PROPOLIS and beeswax including those structures and
buildings used for the storage of bees. For purposes of this section,
S. 6182--A 8
this shall not include those structures or buildings and portions there-
of used for the sale of maple syrup or sale of honey and beeswax. The
term "structures and buildings" shall not include silos, bulk milk tanks
or coolers, or manure storage, handling and treatment facilities as such
terms are used in section four hundred eighty-three-a of this title.
§ 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.