Assembly Bill A9644

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9644
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  estab-
   lishing the office of urban agriculture
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 2-C of the  agriculture  and
 markets  law, as added by chapter 862 of the laws of 1986, is amended to
 read as follows:
               [COMMUNITY GARDENS] OFFICE OF URBAN AGRICULTURE
   § 2. Section 31-f of the agriculture and markets law,  as  amended  by
 chapter 272 of the laws of 2019, is amended to read as follows:
   §  31-f.  Legislative  findings.  The  legislature  hereby  finds  and
 declares that [community gardens] URBAN AGRICULTURE provide  significant
 health,  educational,  ECONOMIC,  and  social  benefits  to  the general
 public, especially for those who reside in urban and suburban  areas  of
 this  state.  Furthermore,  it  is the articulated public policy of this
 state to promote and foster growth in [the number of community  gardens]
 URBAN  AGRICULTURE, INCLUDING BUT NOT LIMITED TO, URBAN FARMS, COMMUNITY
 GARDENS, FARMERS MARKETS, AND COMMUNITY SUPPORTED  AGRICULTURE  and  the
 acreage  of  [such  gardens] URBAN AGRICULTURE THROUGHOUT THE STATE. The
 [community garden] URBAN AGRICULTURE movement continues to  provide  low
 cost  food  that  is fresh and nutritious for those who may be unable to
 readily afford or have easy access to fresh fruits  and  vegetables  for
 themselves  or  their  families, ALLOWS COMMUNITIES TO GROW FOOD THAT IS
 CULTURALLY RELEVANT AND SIGNIFICANT, promotes public health and healthi-
 er  individual  lifestyles  by  encouraging  better  eating  habits  and
 increased physical activity by growing their own food, ENCOURAGES OWNER-
 SHIP  IN AGRICULTURAL ENTERPRISES FOR SOCIALLY DISADVANTAGED FARMERS WHO
 HAVE HISTORICALLY BEEN EXCLUDED FROM THE INDUSTRY, fosters the retention
 and expansion of open  spaces,[  particularly  in  urban  environments,]
 enhances  urban and suburban environmental quality and community beauti-
 fication, provides inexpensive community building activities, recreation
 and physical exercise for all age groups, establishes a safe  place  for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14371-03-2
 A. 9644                             2
 
 community involvement and helps to reduce the incidence of crime, engen-
 ders  a  closer  relationship  between urban residents, nature and their
 local environment, and fosters green job training and ecological  educa-
 tion  at  all  levels. It is therefore the intent of the legislature and
 the purpose of this article to foster growth in  the  number,  size  and
 scope  of [community gardens] URBAN AGRICULTURE STRUCTURES in this state
 by encouraging state agencies, municipalities  and  private  parties  in
 their  efforts  to  promote  [community  gardens] URBAN FARMS, COMMUNITY
 GARDENS, FARMERS MARKETS, COMMUNITY SUPPORTED AGRICULTURE, AND ANY OTHER
 AGRICULTURAL STRUCTURES IN URBAN AREAS.
   § 3. Section 31-g of the agriculture and  markets  law,  as  added  by
 chapter  862 of the laws of 1986 and subdivisions 2 and 3 as amended and
 subdivision 4-a as added by chapter 528 of the laws of 2013, is  amended
 to read as follows:
   § 31-g. Definitions.  As  used in this article, unless another meaning
 is clearly indicated:
   1. "Community garden" shall mean public or private  lands  upon  which
 citizens of the state have the opportunity to garden on lands which they
 do not individually own.
   2.  "COMMUNITY SUPPORTED AGRICULTURE PARTNERSHIPS" OR "CSA" SHALL MEAN
 A SYSTEM THAT CONNECTS FARMERS AND CONSUMERS BY ALLOWING THE CONSUMER TO
 INVEST IN FARMERS BY SUBSCRIBING TO A HARVEST OF A CERTAIN FARM OR GROUP
 OF FARMS, USUALLY DONE BY CROP SEASON BUT MAY BE YEAR ROUND.
   3. "COMMUNITY OWNED GROCERY  STORE"  SHALL  MEAN  LOCAL  STOCK  CORPO-
 RATIONS, OWNED BY RESIDENTS WHO BUY SHARES IN THE BUSINESS.
   4.  "Garden"  shall mean a piece or parcel of land appropriate for the
 cultivation of herbs, fruits, flowers,  nuts,  honey,  poultry  for  egg
 production,   maple  syrup,  ornamental  or  vegetable  plants,  nursery
 products, or vegetables.
   [3.] 5. "Municipality" shall mean any  county,  town,  village,  city,
 school  district,  board  of  cooperative  educational  services,  other
 special district, or any office or agency thereof.
   [4.] 6. "Office" shall mean the office of  [community  gardens]  URBAN
 AGRICULTURE.
   [4-a.]  7.  "State  agency" shall mean any department, bureau, commis-
 sion, board, public authority or other agency of  the  state,  including
 any  public  benefit  corporation  of which any member of whose board is
 appointed by the governor.
   [5.] 8. "URBAN AGRICULTURE" SHALL MEAN  FOOD  SYSTEMS  WHERE  FOOD  IS
 PRODUCED  WITHIN  AN  URBAN  AREA  AND MARKETED TO CONSUMERS WITHIN THAT
 AREA. URBAN AGRICULTURAL STRUCTURES MAY INCLUDE URBAN  FARMS,  COMMUNITY
 SUPPORTED  AGRICULTURE, COMMUNITY GARDENS, AND OTHER AGRICULTURAL STRUC-
 TURES IN URBAN AREAS.
   9. "URBAN FARMING" SHALL MEAN THE PRODUCTION OF AGRICULTURAL  PRODUCTS
 SUCH  AS  PRODUCE  AND  ANIMAL PRODUCTS, THIS MAY INCLUDE GROWING CROPS,
 ANIMAL HUSBANDRY, BEEKEEPING, AQUACULTURE OR AQUAPONICS, VERTICAL  FARM-
 ING,   AND  NON-FOOD  PRODUCTS  SUCH  AS  PRODUCING  SEEDS,  CULTIVATING
 SEEDLINGS, AND GROWING FLOWERS.
   10. "Use" shall mean to avail oneself of or to employ without  convey-
 ance of title gardens on vacant public lands by any individual or organ-
 ization.
   [6.]  11.  "Vacant public land" shall mean any land owned by the state
 or a public corporation including a municipality that is not in use  for
 a  public  purpose,  is otherwise unoccupied, idle or not being actively
 utilized for a period of at least six months and is suitable for  garden
 use.
 A. 9644                             3
 
   §  4.  Section  31-h  of  the agriculture and markets law, as added by
 chapter 862 of the laws of 1986, subdivision 2 as amended by chapter 528
 of the laws of 2013, paragraph e of subdivision 2 as amended by  chapter
 525  of the laws of 2014, and paragraph f of subdivision 2 as amended by
 chapter 272 of the laws of 2019, is amended to read as follows:
   § 31-h. Office  of  [community  gardens]  URBAN  AGRICULTURE;  powers;
 duties. 1. The commissioner shall establish  within  the  department  an
 office  of  [community  gardens]  URBAN AGRICULTURE which shall have the
 authority and responsibility for carrying out  the  provisions  of  this
 article  in  cooperation  with  the  state  department  of environmental
 conservation, the state education department, the department  of  state,
 cooperative extensions and other state agencies and municipalities.
   2. The duties of the office shall include:
   a.  [Upon  request,  the  office shall assist in the identification of
 vacant public land within a given geographical location] IN  COOPERATION
 WITH  MUNICIPALITIES  AND  LAND  BANKS, IDENTIFY, MAINTAIN, AND UPDATE A
 COMPREHENSIVE LIST OF VACANT PUBLIC LAND IN  URBAN  AND  SUBURBAN  AREAS
 ACROSS  THE  STATE and provide information regarding agency jurisdiction
 and the relative suitability of such  lands  for  [community  gardening]
 URBAN AGRICULTURE purposes;
   b. Serve as a coordinator on behalf of interested community groups and
 the  appropriate state or local agencies to facilitate the use of vacant
 public lands for [community garden] URBAN AGRICULTURE.  IF  COORDINATING
 FOR USE AS A COMMUNITY GARDEN FOR A NOMINAL OR NO COST TO THE COMMUNITY,
 use  for  not  less  than one growing season by receiving and forwarding
 with recommendation completed applications to the appropriate  state  or
 municipal  agency.   IF LEASING FOR A REASONABLE PRICE FOR AN URBAN FARM
 OR OTHER ENTREPRENEURIAL AGRICULTURE ENDEAVOR, LEASE FOR NOT  LESS  THAN
 FIVE  YEARS OR FIVE GROWING SEASONS, WHICHEVER IS LONGER AND RELEVANT TO
 THE FARM. Provided, further, that  the  office  [may]  SHALL  develop  a
 single  [recommended]  application form to be used by [community groups]
 INDIVIDUALS when applying to state agencies [or municipalities] for  use
 of vacant public land for [community garden] URBAN AGRICULTURE PURPOSES,
 AND A RECOMMENDED APPLICATION FORM TO BE USED BY INDIVIDUALS WHEN APPLY-
 ING  TO  MUNICIPALITIES FOR USE OF VACANT PUBLIC LAND FOR URBAN AGRICUL-
 TURE purposes;
   c. Support and encourage contact between [community  garden  programs]
 URBAN  AGRICULTURE STRUCTURES already in existence and those programs in
 the initial stages of development;
   d. Seek and provide such assistance, to the extent funds or grants may
 become available, for the purposes identified in this article;
   e. Assist, support and encourage contact [and cooperation between, and
 the cooperative sharing of resources between community  garden  groups],
 PARTNERSHIPS,   DISTRIBUTIONS,   COOPERATIONS,  AND  COMMUNITY  OUTREACH
 BETWEEN URBAN AGRICULTURAL BUSINESSES AND ORGANIZATIONS, COMMUNITY OWNED
 GROCERY STORES, school garden programs and local voluntary food  assist-
 ance  programs,  such  as community food pantries, soup kitchens, senior
 centers, and  other  community  and  not-for-profit  organizations  that
 provide or distribute food to the elderly, poor, and disadvantaged. Such
 support  can  include  the provision of surplus community garden food or
 other agricultural products to  such  local  voluntary  food  assistance
 programs; and
   f.  Assist,  support  and  encourage communication, and the sharing of
 resources between [community garden] URBAN AGRICULTURAL  BUSINESSES  AND
 organizations,  the  New  York  Harvest  For  New York Kids Week program
 established by the department pursuant to subdivision five-b of  section
 A. 9644                             4
 
 sixteen  of this chapter and individual farm-to-school and school garden
 programs, and, where applicable, the department of health,  the  depart-
 ment  of state, the office of children and family services and the divi-
 sion of housing and community renewal.
   G.  MAY  MAKE AGREEMENTS WITH URBAN AGRICULTURAL BUSINESSES AND ORGAN-
 IZATIONS FOR ASSISTANCE IN PROMULGATING THE PROGRAMS AND EFFORTS OF  THE
 OFFICE.  THE  COMMISSIONER IS HEREBY AUTHORIZED TO ENTER INTO AGREEMENTS
 WITH URBAN AGRICULTURAL BUSINESSES AND ORGANIZATIONS AT NO  DIRECT  COST
 TO  SUPPORT  EXPANSION,  ACCESS, EDUCATION, AND DEVELOPMENT OF NEW URBAN
 AGRICULTURE STRUCTURES, PARTICULARLY FOR SOCIALLY DISADVANTAGED  FARMERS
 AND IN FOOD INSECURE COMMUNITIES.
   §  5.  Section  31-i of the agriculture and markets law, as amended by
 chapter 528 of the laws of 2013, is amended to read as follows:
   § 31-i. Use of state or municipally owned land for [community gardens]
 URBAN AGRICULTURE.  1. Any state agency or municipality  with  title  in
 fee  or of a lesser interest to vacant public land may permit [community
 organizations to use such lands for community gardening] USE, LEASE,  OR
 SELL  SUCH  LANDS  FOR  URBAN  AGRICULTURE  purposes. [Such] WHEN use of
 vacant public land may be conditioned  on  the  [community  organization
 possessing]  POSSESSION  OF  liability insurance and accepting liability
 for injury or damage resulting from use of the vacant  public  land  for
 [community gardening] URBAN AGRICULTURE purposes.
   2.  State  agencies and municipalities which have received an applica-
 tion for use, LEASE, OR SALE of  public  lands  for  [community  garden]
 URBAN  AGRICULTURE purposes shall respond to the applicant within thirty
 days and make a final determination within one hundred eighty days.
   § 6. Section 31-j of the agriculture and markets law,  as  amended  by
 chapter 635 of the laws of 2021, is amended to read as follows:
   §  31-j.  [Community  gardens]  URBAN  AGRICULTURE  task force. 1. The
 commissioner shall convene [a community gardens]  AN  URBAN  AGRICULTURE
 task  force  to  identify  and develop ways to encourage state agencies,
 municipalities and private parties to establish  and  expand  [community
 gardens]   URBAN  AGRICULTURE  and  the  activities  conducted  by  such
 [gardens] ENTITIES AND BRIDGE THE GAP BETWEEN URBAN  AGRICULTURAL  BUSI-
 NESS AND ORGANIZATIONS AND URBAN FOOD INSECURITY.
   2.  The  task  force shall be [chaired by the commissioner, or by such
 officer or employee of the department as  shall  be  designated  by  the
 commissioner.  The  membership  of  the task force may include represen-
 tation from appropriate state agencies and members that represent exist-
 ing  community  gardens,  counties,  cities,  towns,  villages,   school
 districts,  other  special use districts, public authorities and cooper-
 ative extension services. Membership of the task force shall include  at
 least two representatives from organizations dedicated to the promotion,
 expansion  or  protection  of  community  gardens.]  COMPRISED  OF  NINE
 MEMBERS. SUCH TASK FORCE SHALL  HAVE  ONE  EX-OFFICIO  CHAIRPERSON,  WHO
 SHALL  BE  THE COMMISSIONER OR HIS OR HER DESIGNEE. TWO MEMBERS SHALL BE
 APPOINTED BY THE GOVERNOR, TWO MEMBERS SHALL BE APPOINTED BY THE  TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE,  TWO MEMBERS SHALL BE APPOINTED BY THE
 SPEAKER OF  THE ASSEMBLY, ONE MEMBER SHALL BE APPOINTED BY THE  MINORITY
 LEADER  OF THE  SENATE AND ONE MEMBER SHALL BE APPOINTED BY THE MINORITY
 LEADER OF THE ASSEMBLY. THIS TASK FORCE SHALL BE COMPOSED OF EXPERTS  IN
 URBAN AGRICULTURE AND INDIVIDUALS THAT MEET THE FOLLOWING CRITERIA:
   (A) OWNS AND OPERATES AN URBAN AGRICULTURAL BUSINESS OR ORGANIZATION;
   (B) IS ON THE BOARD OF A COMMUNITY OWNED GROCERY STORE OR COOP;
   (C) REPRESENTATIVE FROM AN ORGANIZATION WORKING ON FOOD INSECURITY AND
 FOOD APARTHEIDS;
 A. 9644                             5
 
   (D) REPRESENTATIVE CULTURALLY ENGAGED COMMUNITY ORGANIZATION; AND
   (E)  APPOINTMENTS  SHOULD  REFLECT  THE  DIVERSITY  OF  BACKGROUND AND
 CULTURES OF URBAN COMMUNITIES AROUND THE STATE.
   3. The commissioner, may request the assistance of state  agencies  to
 carry out the work of the task force.
   4.  (a)  The  goals of the task force [may] SHALL include, but are not
 limited to, the study, evaluation and  development  of  recommendations:
 (i)  to encourage the establishment and expansion of [community gardens]
 URBAN AGRICULTURE by state agencies, municipal governments  and  private
 parties,  (ii) to encourage cooperation between the activities and oper-
 ations of  [community  gardens]  URBAN  AGRICULTURE,  HEALTHY  INCENTIVE
 PROGRAMS,  and provision of donated food to local voluntary food assist-
 ance programs for the poor and disadvantaged,  (iii)  [to  increase  the
 benefits  that  community  gardens may provide to the local community in
 which they are located, (iv)] TO ENCOURAGE COOPERATION  WITH URBAN AGRI-
 CULTURE ORGANIZATIONS TO  INCREASE  THE  OPPORTUNITIES  FOR  IMMIGRANTS,
 THOSE  WHO  ARE  UNDOCUMENTED, REFUGEES, TEMPORARY PROTECTED STATUS, AND
 OTHER STATUS, TO PARTICIPATE IN URBAN  AGRICULTURE,  (IV)  to  encourage
 cooperation  with  [community-based]  URBAN AGRICULTURE organizations to
 increase the opportunities for seniors, those aged sixty years of age or
 older, to participate in [community gardens] URBAN AGRICULTURE,  (v)  to
 encourage the expansion of the production of fresh fruits and vegetables
 in  areas  served  by [community gardens] URBAN AGRICULTURE so that such
 fresh produce can be consumed locally to help encourage  healthier  life
 styles  and  wellness,  and  to  help  reduce the incidence of adult and
 childhood obesity, [(vi) to develop after school  programs  that  estab-
 lish,  maintain and expand community gardens, and (vii) to encourage the
 development and expansion  of  community  gardens  in  food  deserts  as
 defined  in  section  two  hundred  sixty  of  this chapter] AND (VI) TO
 ADDRESS THE ISSUE OF FOOD INSECURITY IN URBAN AREAS BY EXPANDING  ACCESS
 FOR  UNDERSERVED,  NUTRITIONALLY DEFICIENT URBAN COMMUNITIES TO HEALTHY,
 LOCALLY PRODUCED FOOD.
   (b) In achieving the goals of the  task  force,  the  task  force  may
 consider  recommendations that: (i) encourage the execution of conserva-
 tion easements by state agencies, municipalities or private  parties  to
 establish or protect [community gardens] URBAN AGRICULTURE, (ii) encour-
 age the creation of mechanisms to transfer development rights to protect
 [community  gardens]  URBAN AGRICULTURE or encourage the donation, SALE,
 or lease of lands  for  [community  gardens]  URBAN  AGRICULTURE,  (iii)
 development  of model zoning codes, local land use laws or other munici-
 pal policies that could encourage  the  establishment  or  retention  of
 [community gardens] URBAN AGRICULTURE, and (iv) DEVELOP AND IDENTIFY NEW
 AND  INNOVATIVE  METHODS  TO  INCREASE  THE  PRODUCTION,  MARKETING  AND
 DISTRIBUTION OF LOCALLY PRODUCED, FRESH FOOD IN URBAN COMMUNITIES IN NEW
 YORK STATE, (V) ENCOURAGE THE CREATION OF NEW  URBAN  AGRICULTURE,  (VI)
 DEVELOP  AND  IDENTIFY  MECHANISMS  FOR URBAN AGRICULTURE TO ADDRESS THE
 ISSUE OF URBAN FOOD INSECURITY, SUCH AS FOOD SUPPLY  NETWORKS  IN  URBAN
 AREAS INCLUDING THROUGH, BUT NOT LIMITED TO LOCAL GROCERS, COOPERATIONS,
 AND  FARMERS MARKETS,  AND (VII) any other activity to achieve the goals
 deemed appropriate by the task force according to the provisions of this
 article.
   5. [The task force shall submit a  report  to  the  governor  and  the
 legislature on or before January first, two thousand twenty-three and on
 or  before  January first of each fifth year thereafter on the status of
 community gardens in New York state. Such report shall include:
   (a) the number, nature and geographic location of community gardens;
 A. 9644                             6

   (b) a description of the costs,  benefits  and  impacts  of  community
 gardens;
   (c)  an assessment of the successes, failures and barriers in develop-
 ing, maintaining and expanding community gardens;
   (d) lists of funding sources available to develop and expand community
 gardens along with the requirements for obtaining the funding;
   (e) an assessment of the funding, requirements and barriers for double
 the number of existing community gardens;
   (f) a discussion of the goals outlined in  subdivision  four  of  this
 section  and  a description of the steps and projects undertaken to meet
 the goals for the task force as established in this section;
   (g) an action plan for doubling the number of community gardens in the
 state of New York;
   (h) recommendations for developing, maintaining and expanding communi-
 ty gardens in food deserts; and
   (i) any other recommendations or  assessments  the  task  force  deems
 appropriate for the report.
   Between  report  due dates, the commissioner shall maintain the neces-
 sary records and data required to satisfy such report  requirements  and
 to  satisfy  information  requests  received  from  the governor and the
 legislature between such report due dates.] THE TASK FORCE  SHALL  WRITE
 ONE  REPORT  TO  THE LEGISLATURE AND THE GOVERNOR, NO LATER THAN SIXTEEN
 MONTHS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOU-
 SAND  TWENTY-TWO  WHICH AMENDED THIS SECTION. THE REPORT TO THE GOVERNOR
 AND THE LEGISLATURE SHALL INCLUDE THE TASK FORCE'S ACTIVITIES,  FINDINGS
 AND RECOMMENDATIONS.
   §  7.  The  agriculture  and  markets  law  is amended by adding a new
 section 31-k to read as follows:
   § 31-K. OFFICE OF URBAN AGRICULTURE WEBSITE AND  INTERACTIVE  MAP.  1.
 THE  DEPARTMENT  SHALL  ESTABLISH  A  WEBSITE  TO  PROMOTE  THE WORK AND
 PROGRAMS OF THE OFFICE OF URBAN AGRICULTURE. THE  WEBSITE  MUST  INCLUDE
 MUNICIPAL  VACANT  LAND  AVAILABLE FOR URBAN AGRICULTURE. THE DEPARTMENT
 MUST PROVIDE AN OPPORTUNITY TO PRIVATE ENTITIES  TO  LIST  THEIR  VACANT
 LAND  FOR  THE PURPOSES OF URBAN AGRICULTURE ON THE WEBSITE. THE WEBSITE
 MUST INCLUDE, BUT IS NOT LIMITED TO:
   (A) NAME, LOCATION,  HOURS  OF  OPERATION,  CONTACT  INFORMATION,  AND
 HYPERLINKS,  AS  AVAILABLE,  TO  ALL MUNICIPALITIES AND PRIVATE ENTITIES
 WITH VACANT LAND FOR URBAN AGRICULTURE.
   (B) THE WEBSITE SHOULD HAVE AN INTERACTIVE MAP WHERE A USER  MAY  FIND
 VACANT  LAND  FOR  URBAN  AGRICULTURE.  THIS  INFORMATION SHOULD ALSO BE
 SEARCHABLE BY TOWN/CITY,  COUNTY,  REGION  OR  ANY  OTHER  CRITERIA  THE
 COMMISSIONER DEEMS RELEVANT.
   (C)  THE  WEBSITE  MUST  MAKE CLEAR DISTINCTIONS BETWEEN MUNICIPAL AND
 PRIVATE ENTITY LAND, AND WHETHER IT  IS  FOR  USE,  DONATION,  SALE,  OR
 LEASE.
   2. THE DEPARTMENT SHALL ESTABLISH PROCEDURES AND TIMELINES FOR MUNICI-
 PALITIES  AND  PRIVATE  ENTITIES TO PROVIDE UPDATED INFORMATION DETAILED
 ABOVE FOR THE WEBSITE. IN THESE PROCEDURES, THE DEPARTMENT MUST  PROVIDE
 A  SYSTEM  IN  WHICH  THE INFORMATION REQUIRED IN THE WEBSITE IS UPDATED
 MONTHLY AND PROVIDE CONTINUOUS MAINTENANCE AS NEEDED.
   3. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AND TAKE  ALL
 OTHER  ACTIONS  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION  OF  THIS
 SECTION.  NOTHING IN THIS SECTION SHALL PROHIBIT OR  LIMIT  THE  DEPART-
 MENT'S  ABILITY  TO EXPAND ACCESS TO THIS VACANT LAND FOR URBAN AGRICUL-
 TURE MAP TO ALL NEW YORKERS, SUCH AS CREATING A  MOBILE  PHONE  APPLICA-
 TION.
 A. 9644                             7
 
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.