I asked this question in an email to the FAA and this is their response:
"The policy for non-compliant avionics after the mandate will likely remain as it is today i.e., SIL and SDA set to zero regardless of the airspace it's operated in. Owners of these aircraft could still request an ATC deviation authorization per
91.225 to operate in rule compliant airspace after the mandate. As long as these conditions are met, AFS would not contact an owner of a non-compliant aircraft."
SIL is Source Integrity Level
SDA is System Design Assurance
Both of these are pieces of the info that is sent on an ADS-B "Out" broadcast by your aircraft and they tell that ground system whether the system is compliant or not.
From the response I got, it sounds like currently they don't plan to contact anyone for not having a compliant system as long as they are not flying in the mandated airspaces. They are also saying that you can still get clearance into ADS-B airspace if you follow the regs in
91.225 (g).
Matt