STATE OF NEW YORK ________________________________________________________________________ 4040 2025-2026 Regular Sessions IN SENATE January 31, 2025 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 AN ACT to amend the administrative code of the city of New York, in relation to establishing city community improvement projects The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Title 25 of the administrative code of the city of New York 2 is amended by adding a new chapter 5-A to read as follows: 3 CHAPTER 5-A 4 CITY COMMUNITY IMPROVEMENT PROJECTS 5 § 25-501 Authorization for the establishment of city community 6 improvement projects. Pursuant to the provisions of this chapter, commu- 7 nity improvement projects shall be established and extended as herein- 8 after provided. 9 § 25-502 Definitions. As used in this chapter: 10 a. "Average full valuation of taxable real property" means the valu- 11 ation obtained by taking the assessed valuation of taxable real property 12 in the boundaries of the project as it appears upon the last completed 13 and four preceding assessment rolls of the city and dividing each by the 14 applicable state equalization rate as determined by the state board of 15 equalization and assessment pursuant to article twelve of the real prop- 16 erty tax law for each of the assessment rolls and dividing the sum of 17 the quotients thus obtained by five. 18 b. "Project" means a community improvement project established pursu- 19 ant to this chapter. 20 c. "Project charge" means a levy imposed on behalf of a project as 21 provided in the project plan. 22 d. "Project management association" means the association established 23 pursuant to section 25-514 of this chapter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08394-01-5S. 4040 2 1 e. "Project plan" or "plan" means a proposal as defined in section 2 25-505 of this chapter. 3 f. "Owner" means homeowner of record. 4 g. "Tenant" means an occupant pursuant to a lease of a dwelling unit, 5 other than an owner. 6 § 25-503 Contents of the project plan. The project plan shall contain 7 the following: 8 a. a map of the project; 9 b. the written report or reports of the city council containing: 10 (1) a description of the boundaries of the project proposed for estab- 11 lishment or extension in a manner sufficient to identify the lands 12 included; 13 (2) a description of the present and proposed uses of such lands; 14 (3) the improvements proposed and the maximum cost thereof; 15 (4) the total annual amount proposed to be expended for improvements, 16 maintenance and operation; 17 (5) the proposed source or sources of financing; 18 (6) the proposed time for implementation and completion of the project 19 plan; 20 (7) any proposed rules and regulations to be applicable to the 21 project; 22 (8) a list of the properties to be benefited, and a statement of the 23 method or methods by which the expenses of a project will be imposed 24 upon benefited real property, in proportion to the benefit received by 25 such property, to defray the cost thereof, including operation and main- 26 tenance. Notwithstanding any inconsistent provision of section 25-507 of 27 this chapter, the plan may provide that all or any class or category of 28 real property which is exempt by law from real property taxation and 29 which would not benefit from the establishment or extension of the 30 project may nevertheless be included within the boundaries of the 31 project, but such property shall not be subject to any project charge; 32 (9) a statement identifying the project management association for the 33 project; and 34 (10) any other item or matter required to be incorporated therein by 35 the city council. 36 § 25-504 Powers of the city council. Upon establishment of a project 37 pursuant to the provisions of this chapter, the city council shall have 38 authority to exercise the following powers with respect to such project, 39 subject to the provisions of this chapter: 40 a. To provide for community improvements located on or within munici- 41 pally or community owned or leased property within the boundaries of the 42 project, including but not limited to: 43 (1) closing, opening, widening, narrowing, or repair of existing 44 shared driveways; 45 (2) retrofits or repair of private sewers; and 46 (3) rehabilitation or removal of existing structures or infrastructure 47 as required; 48 b. To provide for the operation and maintenance of any community 49 improvement; and 50 c. To provide for additional maintenance or other additional services 51 required for the enjoyment and protection of the property and the 52 enhancement of the community, whether or not in conjunction with 53 improvements authorized by this section, including but not limited to: 54 (1) enhanced sanitation services; and 55 (2) services to enhance the security of persons and property within 56 the boundaries of the project.S. 4040 3 1 § 25-505 Project plan. a. The mayor may provide for the preparation of 2 a project plan upon the written petition, signed and acknowledged, of: 3 (1) the owners of at least fifty-one percent of the assessed valuation 4 of all the taxable real property within the boundaries of the project 5 proposed for establishment or extension, as shown upon the latest 6 completed assessment roll of the city; and 7 (2) at least fifty-one percent of the owners of real property within 8 the area included in the project proposed for establishment or exten- 9 sion. 10 b. The establishment or extension of a project shall be based upon the 11 project plan filed in the office of the city clerk, except as provided 12 in subdivision c of this section. 13 c. The project plan shall first be submitted to the city planning 14 commission which shall forward a copy within five days to the city coun- 15 cil and to the council member or members representing the council 16 district or districts in which the proposed project is located, to the 17 community board or boards for the community district or districts in 18 which the proposed project is located, and to the respective borough 19 board and borough president, if the plan involves properties located in 20 two or more community districts. Each community board shall notify the 21 public of the proposed plan in accordance with the requirements estab- 22 lished by the city planning commission, and may conduct a public hearing 23 and submit a written recommendation to the city planning commission not 24 later than thirty days after receipt of the plan. The city planning 25 commission shall review the plan and recommendations, and, after a 26 public hearing, prepare a report. The city planning commission shall 27 submit its report to the mayor, to the affected borough president, to 28 the city council and to the council member or members representing the 29 council district or districts in which the proposed district is located, 30 together with copies of any recommendation of a community board, within 31 sixty days from the date of expiration of the community board's period 32 for reviewing the plan and submitting recommendations. This report shall 33 certify the city planning commission's unqualified approval, disapproval 34 or qualified approval with recommendations for modifications of the 35 district plan. A copy of this report together with the original project 36 plan shall be transmitted for filing with the city clerk. In the event 37 the city planning commission shall fail to submit its report within 38 ninety-five days of receipt of the original project plan, it shall be 39 required to immediately transmit the original plan to the city clerk for 40 filing and no report of the city planning commission shall be necessary. 41 d. All project plans shall conform with the requirements of this chap- 42 ter. The mayor may determine that the plan or any part of the plan, 43 shall be prepared by, or under the supervision of city officers and 44 employees to be designated by the mayor, or by persons or firms to be 45 employed for that purpose. Except as otherwise provided in this chapter, 46 the expense incurred for the preparation of the plan or part of the plan 47 shall be a city charge. 48 e. If the city shall thereafter establish or extend the project or 49 provide the improvements or additional services or contract for the 50 required services, the expense incurred by the city for the preparation 51 of the plan or any part of the plan shall be deemed to be part of the 52 cost of the improvement, or the rendering of additional services, and 53 the city shall be reimbursed in the amount paid, or the portion of that 54 amount which the city council, at a public hearing held pursuant to this 55 chapter, shall allocate against the project.S. 4040 4 1 § 25-506 Notice and hearing. a. After the filing of the project plan 2 in the office of the city clerk, the city council may adopt a resolution 3 and shall enter the same in the minutes of its proceedings. This resol- 4 ution shall contain a copy of the project plan, any report of the city 5 planning commission or board, the fact that a project plan is on file in 6 the city clerk's office for public inspection and the time when and the 7 place where the city council will meet and hold a public hearing to hear 8 all persons interested in the subject thereof. 9 b. The resolution shall also contain a statement that any owner of 10 real property, deemed benefited and therefore within the boundaries of 11 the project, objecting to the plan must file an objection at the office 12 of the city clerk within thirty days of the conclusion of the hearing on 13 forms made available by the clerk, and, further, that if (1) owners of 14 at least fifty-one percent of the assessed valuation of all the benefit- 15 ed real property situated within the boundaries of the project proposed 16 for establishment or extension, as shown upon the latest completed 17 assessment roll of the city, or (2) at least fifty-one percent of the 18 owners of benefited real property within the area included in the 19 project proposed for establishment or extension, so file their 20 objections, the project will not be established or extended. 21 c. The city council shall cause a copy of the resolution or a summary 22 thereof to be published at least once in the city record or a newspaper 23 in general circulation in the city, the first publication to be not less 24 than ten nor more than thirty days before the day set for the hearing 25 required by this section. In addition, not less than ten nor more than 26 thirty days before the date set for the hearing, the city council shall 27 cause a copy of the resolution or a summary thereof to be mailed to each 28 owner of real property within the boundaries of the proposed project at 29 the address shown on the latest city assessment roll, to such other 30 persons as are registered with the city to receive tax bills concerning 31 real property within the boundaries of the proposed project, and to the 32 tenants of each building within the boundaries of the proposed project. 33 If the city council publishes or mails a summary of the resolution, such 34 summary shall include the business address of the city clerk, a state- 35 ment that copies of the resolution shall be made available free of 36 charge to the public, the improvements proposed and the maximum cost 37 thereof, the total annual amount proposed to be expended for improve- 38 ments, maintenance and operation, and a statement indicating the rights 39 of owners to object pursuant to subdivision b of this section. 40 d. The resolution may further state the place, other than the city 41 clerk's office, where the project plan may be inspected in advance of 42 the hearing, if the city council determines that, in the public inter- 43 est, any additional place of inspection is necessary or desirable. 44 § 25-507 Establishment or extension of the project. a. Not earlier 45 than thirty days after the conclusion of the last day of the public 46 hearing held pursuant to section 25-506 of this chapter, the city coun- 47 cil shall determine: 48 (1) whether the notice of hearing for all hearings required to be held 49 was published and mailed as required by law and is otherwise sufficient; 50 (2) except as otherwise provided in section 25-503 of this chapter, 51 whether all the real property within the boundaries of the proposed 52 project or extension will benefit from the establishment or extension of 53 the project; 54 (3) whether all the real property benefited is included within the 55 limits of the proposed project or extension; andS. 4040 5 1 (4) whether the establishment or extension of the project is in the 2 public interest. 3 b. (1) If the city council shall determine the question of paragraph 4 four of subdivision a of this section in the negative, or if the requi- 5 site number of owners shall have filed their objections as provided in 6 section 25-506 of this chapter, the city council shall adopt a resol- 7 ution disapproving the establishment or extension of the project, stat- 8 ing the reasons for its determination and enter the same in the minutes 9 of its proceedings. Thereafter no plan for the establishment or exten- 10 sion of a project to include any part of the property proposed to be 11 included in the disapproved project may be prepared as provided in 12 section 25-505 of this chapter until the expiration of at least one year 13 from the date of disapproval. 14 (2) If the city council shall find that notice was incorrectly or 15 insufficiently given or that, except as otherwise provided in section 16 25-506 of this chapter, any part or portion of the real property within 17 the boundaries of the proposed project or extension is not benefited 18 thereby or that certain property benefited thereby has not been included 19 therein, it shall call a further hearing at a definite place and time 20 not less than ten nor more than thirty days after this determination. In 21 the resolution calling such hearing, it shall specify the necessary 22 changes, if any, to the boundaries of the proposed project or extension 23 to be made in order that, except as otherwise provided in section 25-503 24 of this chapter, all of the real property and only that real property as 25 is deemed benefited shall be included within the boundaries of the 26 proposed project or extension. Such a further hearing shall also be 27 required in the event that the city council proposes to amend the 28 project plan to reduce improvements or services or provide additional 29 improvements or services not included in the original plan prior to the 30 establishment of the project. Notice of the further hearing shall be 31 published and mailed in the manner provided in section 25-506 of this 32 chapter, except that, where boundaries are to be altered, this notice 33 shall also specify the manner in which it is proposed to alter the boun- 34 daries of the proposed project or extension. The further hearing shall 35 be conducted in the same manner as the original hearing. 36 c. If and when the city council shall determine in the affirmative all 37 of the questions set forth in subdivision a of this section, and 38 provided that the requisite number of owners shall not have objected as 39 provided in section 25-506 of this chapter, it may adopt a local law 40 approving the establishment or extension of the project as the bounda- 41 ries shall be finally determined and the construction of the improvement 42 or providing of the service in the project area. Such local law shall 43 become effective only upon compliance with section 25-508 of this chap- 44 ter. 45 d. Upon the recommendation of the project management association and 46 after a public hearing, the city council may adopt a local law at any 47 time prior to or after the establishment of a project to change the 48 method of assessment as set forth in the plan. Notice of such public 49 hearing and a description of the proposed change shall be given in the 50 manner set forth in section 25-506 of this chapter. 51 § 25-508 Review by the state comptroller. a. The state comptroller 52 shall review as provided in this section: (1) the establishment or 53 extension of a project; and (2) the amendment of a project plan pursuant 54 to subdivision c of section 25-510 of this chapter. 55 b. Within twenty days after the adoption of a local law by the city 56 council pursuant to section 25-507 or subdivision c of section 25-510 ofS. 4040 6 1 this chapter, the mayor shall forward the following information to the 2 state comptroller at Albany, New York: 3 (1) an itemized statement of the then outstanding indebtedness of the 4 city for all purposes, as evidenced by bonds, bond anticipation notes, 5 capital notes, deferred payment notes and budget notes; the amount of 6 budgetary appropriations for the payment of any outstanding indebt- 7 edness, whether or not appropriations have been realized as cash; the 8 amount of indebtedness proposed to be contracted for the improvement, 9 and the amounts, purposes and probable date of issuance of any bonds, 10 bond anticipation notes, capital notes, deferred payment notes and budg- 11 et notes which the city has authorized to be issued but which in fact 12 have not been issued to date; 13 (2) a statement of the total assessed valuation of the taxable real 14 property situated in the proposed project or extension of a project, as 15 shown on the latest completed and four preceding assessment rolls of the 16 city and of the amount of city real property taxes levied against such 17 property in the preceding fiscal year; 18 (3) a statement of the average full valuation of the taxable real 19 property of the city determined in accordance with the provisions of 20 paragraph seven-a of section 2.00 of the local finance law; and 21 (4) a statement, the form of which shall be determined by the state 22 comptroller, attesting that the provisions of this chapter have been 23 met, signed and verified by the mayor. 24 c. The state comptroller shall review the information submitted pursu- 25 ant to paragraphs one, two and three of subdivision b of this section to 26 determine that the tax and debt limitations provided in section 25-512 27 of this chapter will not be exceeded by the establishment or extension 28 of the project. 29 d. The state comptroller shall notify the city of such state comp- 30 troller's determination within sixty days of the receipt of the items 31 specified in subdivision b of this section. Unless the state comptroller 32 determines within such time that the tax and debt limitations provided 33 in section 25-512 of this chapter will be exceeded by the establishment 34 or extension of the project or that the statement required by paragraph 35 four of subdivision b of this section does not comply with the 36 provisions of such paragraph, the city may proceed with the establish- 37 ment or extension of the project upon receipt of the notice from the 38 state comptroller of such state comptroller's determination. 39 e. Upon the city's compliance with any other requirements established 40 by law, the local law adopted pursuant to section 25-507 of this chapter 41 shall become effective. 42 § 25-509 Publication; filing; judicial review. a. The city clerk shall 43 cause a certified copy of the local law adopted pursuant to the 44 provisions of this chapter establishing or extending any project, or 45 increasing the maximum total amount proposed to be expended for the 46 improvement in any project or extension, or changing the method of 47 assessment, or authorizing the project to incur debt to provide for 48 additional improvements or services within the boundaries of the 49 project, to be duly recorded in the city clerk's office within ten days 50 after such local law becomes effective. When so recorded this local law 51 shall be presumptive evidence of the regularity of the proceedings for 52 the establishment or extension of the project, of the proceedings insti- 53 tuted for the construction of any improvement and of all other actions 54 taken in relation to it. 55 b. Within ten days after the local law becomes effective, the city 56 clerk shall, in addition to any other filing required by law, cause aS. 4040 7 1 certified copy thereof to be filed in the office of the state comp- 2 troller at Albany, New York, and within two weeks thereafter shall cause 3 a copy of the local law or a summary thereof to be published at least 4 once in the city record or a newspaper of general circulation in the 5 city. 6 c. This local law shall be final and conclusive unless a proceeding to 7 review is commenced in accordance with this subdivision. Any person 8 aggrieved by any local law adopted pursuant to this chapter may seek 9 judicial review of the local law in the manner provided by article 10 seventy-eight of the civil practice law and rules, provided the proceed- 11 ing is commenced within thirty days from the date of the publication of 12 the copy or summary of the local law pursuant to subdivision b of this 13 section. No review shall be had unless the petitioner shall give an 14 undertaking approved by the supreme court, or a justice thereof, as to 15 form, amount and sufficiency of sureties, that, in the event of failure 16 to modify the local law, such petitioner will pay to the city all costs 17 and expenses as are incurred by it on account of the proceedings, as 18 shall be determined by the court. In the event that upon this review 19 there shall be any modification by the court of the local law, the court 20 shall direct the modification by judgment which shall be final and 21 conclusive, and the city clerk shall cause the judgment to be recorded 22 and filed in the same places and manner as was the local law which was 23 modified. 24 § 25-510 Amendments to the project plan. a. At any time after the 25 establishment or extension of a project pursuant to the provisions of 26 this chapter, the project plan upon which the establishment or extension 27 was based, may, upon the recommendation of the project management asso- 28 ciation, be amended by the city council after compliance with the proce- 29 dures set forth in this section. 30 b. Amendments to the project plan which provide for additional 31 improvements or services or any change in the method of assessment upon 32 which the project charge is based, or an increase only in the amount to 33 be expended annually for improvements, services, maintenance and opera- 34 tion may be adopted by local law, provided that the city council shall, 35 after a public hearing, determine that it is in the public interest to 36 authorize the additional improvements, services or increase in the maxi- 37 mum annual amount and that the tax and debt limits prescribed in section 38 25-512 of this chapter will not be exceeded. The city council shall give 39 notice of the hearing by publication of a notice in at least one newspa- 40 per having general circulation in the district specifying the time when 41 and the place where the hearing will be held and stating the increase 42 proposed in the maximum amount to be expended annually. This notice 43 shall be published once at least ten days prior to the date specified 44 for the hearing. 45 c. Amendments to the project plan which provide for the project to 46 incur indebtedness in order to provide for additional improvements or 47 which provide for an increase in the total maximum amount to be expended 48 for improvements in the district, may be adopted by local law, provided 49 that the city council shall, after a public hearing, determine that it 50 is in the public interest to authorize the project to incur indebtedness 51 to provide for additional improvements or to increase the maximum total 52 amount to be expended for improvements in the project area and that the 53 tax and debt limits prescribed in section 25-512 of this chapter will 54 not be exceeded. Notice of the hearing shall be published and mailed in 55 the manner provided in section 25-506 of this chapter. The local law 56 adopted pursuant to this subdivision shall not be effective untilS. 4040 8 1 reviewed by the state comptroller in accordance with section 25-508 of 2 this chapter. 3 § 25-511 Expense of the project. a. The expense incurred in the 4 construction or operation of any improvement or provision of additional 5 services in a project area pursuant to this chapter shall be financed in 6 accordance with the project plan upon which the establishment or exten- 7 sion of the project was based. Services for which property owners within 8 the boundaries of the project are charged pursuant to the plan must be 9 in addition to or an enhancement of those provided by the city prior to 10 the project's establishment. The expense and cost apportioned to bene- 11 fited real property in accordance with the plan shall be a charge upon 12 each benefited parcel of real property within the boundaries of the 13 project. 14 b. The charge upon benefited real property pursuant to this chapter 15 shall be imposed as provided in the project plan. If the formula 16 includes an ad valorem component, this component shall be determined by 17 the assessed value of each parcel as entered on the latest completed 18 assessment roll used by the city for the levy of general city taxes. The 19 charge shall be determined, levied and collected in the same manner, at 20 the same time and by the same officers, as general city taxes are levied 21 and collected. 22 c. When a project has been established pursuant to this chapter, the 23 city may, for the purpose of providing funds for making capital improve- 24 ments within the boundaries of such project, issue and sell bonds or 25 other municipal obligations as provided in the local finance law and 26 other applicable laws and statutes. Principal and interest payments on 27 these bonds or other municipal obligations may be made in whole or in 28 part from the proceeds of charges imposed upon benefited real property 29 within the boundaries of the project. 30 § 25-512 Tax and debt limitations. a. The aggregate amount of 31 outstanding indebtedness that is incurred to provide funds for capital 32 improvements pursuant to this chapter shall be chargeable against the 33 city's constitutional debt limit and may not exceed ten percent of the 34 amount allowable under that limit. The aggregate amount of outstanding 35 indebtedness that is incurred to provide funds for capital improvements 36 pursuant to this chapter and that is chargeable against the property 37 within the district may not exceed seven percent of the average full 38 valuation of taxable real property in the district. 39 b. The project charge, exclusive of debt service, levied in a given 40 year against real property in a project area may not exceed twenty 41 percent of the total general city taxes levied in that year against the 42 taxable real property in the project area. The project charge so levied 43 shall be included in the total amount, if any, that the city is permit- 44 ted by law to raise in that year by a tax on real property. 45 § 25-513 Expenditure of project funds. a. The proceeds of any charge 46 imposed pursuant to this chapter shall be held by the comptroller and 47 shall be separately accounted for in the books and records of the city. 48 None of the proceeds collected pursuant to this chapter shall be used 49 for any purposes other than those set forth in the project plan. These 50 funds may be paid out for project purposes in accordance with the gener- 51 al procedures for payment of other city expenditures. 52 b. All contracts for improvements, goods or services to be provided 53 for the project shall be subject to all applicable provisions of the law 54 relating to the letting of contracts by the city. 55 § 25-514 Project management association. a. There shall be a project 56 management association for each project established pursuant to theS. 4040 9 1 provisions of this chapter (which shall pursuant to the not-for-profit 2 corporation law have one or more classes of membership, voting or 3 nonvoting) for the purpose of carrying out such activities as may be 4 prescribed in the plan. Notwithstanding any inconsistent provision of 5 paragraph (e) of section six hundred eleven of the not-for-profit corpo- 6 ration law, the certificate of incorporation or by-laws of such associ- 7 ation shall provide for voting representation of owners of property and 8 tenants within the boundaries of the project, and may provide that the 9 votes of members who are property owners be weighted in proportion to 10 the assessment levied or to be levied against the properties within the 11 boundaries of the project, provided that in no case shall the total 12 number of votes assigned to any one such member or to any number of such 13 members under common ownership or control exceed thirty-three and one- 14 third percent of the total number of votes which may be cast. 15 b. The board of directors of the association shall be composed of 16 representatives of owners and tenants within the boundaries of the 17 project, provided, however, that not less than a majority of its members 18 shall represent owners, and provided further that tenants of commercial 19 space and dwelling units within the boundaries of the project shall also 20 be represented on the board. The board shall include, in addition, four 21 members, one member appointed by each of the following: the mayor, the 22 comptroller, the borough president of the borough in which the project 23 is located and the council member representing the council district in 24 which the proposed project is located, or if the proposed project is 25 located in more than one council district, by the speaker of the city 26 council after consultation with the council members representing the 27 council districts in which the proposed project is located. The addi- 28 tional four members shall serve as the incorporators of the association 29 pursuant to the not-for-profit corporation law. The association may be 30 incorporated prior to the effective date of any project established 31 pursuant to this chapter. 32 c. In addition to such other powers as are conferred on it by law, the 33 project management association may make recommendations to the city 34 council with respect to any matter involving or relating to the project. 35 d. For such consideration as it may deem appropriate and consistent 36 with the powers granted pursuant to section 25-504 of this chapter, the 37 city council may license or grant to the project management association 38 the right to undertake or permit commercial activities or other private 39 uses of the streets or other parts of the project area in which the city 40 has any real property interest. 41 § 25-515 Dissolution. a. Any project established or extended pursuant 42 to the provisions of this chapter, where there is no indebtedness, 43 outstanding and unpaid, incurred to accomplish any of the purposes of 44 the project, may be dissolved by local law of the city council upon its 45 own motion or upon the written petition of (1) the owners of at least 46 fifty-one percent or more of the total assessed valuation of all bene- 47 fited real property included in the boundaries of the district and (2) 48 at least fifty-one percent of the owners of benefited real property 49 within the area included in the project. The city council shall request 50 and consider the recommendations of the project management association 51 concerning any proposed dissolution; provided that if the association 52 has not submitted recommendations to the city council within sixty days 53 after request therefor, the city council may adopt any such proposed 54 dissolution without considering such recommendations. In the event of 55 dissolution, all assets of the project shall revert to the city.S. 4040 10 1 b. A certified copy of the order of dissolution shall be filed with 2 the state comptroller at Albany, New York. 3 § 25-516 Severability. If any provision of any section of this chapter 4 or the application thereof to any person or circumstance shall be 5 adjudged invalid by any court of competent jurisdiction, such order or 6 judgment shall be confined in its operation to the controversy in which 7 it was rendered and shall not affect or invalidate the remainder of any 8 provisions of any section of this chapter or the application of any part 9 thereof to any other person or circumstance and to this end the 10 provisions of each section of this chapter are hereby declared to be 11 severable. 12 § 2. This act shall take effect on the ninetieth day after it shall 13 have become a law.