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A05647 Summary:

BILL NOA05647
 
SAME ASNo Same As
 
SPONSORZinerman
 
COSPNSR
 
MLTSPNSR
 
Amd §3, add §62-a, Cannabis L; add §312, Fin Serv L
 
Establishes the Cannabis Community Reinvestment Act; includes requirements for cannabis operators; includes the obligation to reinvest in communities disproportionately impacted by cannabis prohibition including, if applicable, the community such operator is located in; provides for the review of reinvestment plans by the department of financial services.
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A05647 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5647
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2025
                                       ___________
 
        Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
          tee on Economic Development
 
        AN  ACT  to  amend  the  cannabis law and the financial services law, in
          relation to establishing the Cannabis Community Reinvestment Act
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and cited as the "Cannabis Communi-
     2  ty Reinvestment Act".
     3    § 2. Section 3 of the cannabis law is amended by adding a new subdivi-
     4  sion 37-a to read as follows:
     5    37-a. "Operator" means a licensee that acts as a cannabis producer for
     6  the  cultivation of cannabis, a cannabis processor, a cannabis distribu-
     7  tor and/or a cannabis retailer, provided that such business has operated
     8  for at least two years.
     9    § 3. The cannabis law is amended by adding a new section 62-a to  read
    10  as follows:
    11    §  62-a.  Applications  by  operators. Any application submitted by an
    12  operator shall include a plan to reinvest in communities  disproportion-
    13  ately  impacted  by  cannabis  prohibition including, if applicable, the
    14  community such operator is located in. The operator shall contribute  at
    15  least  two percent of their annual profits to communities disproportion-
    16  ately impacted pursuant to paragraph (g) of subdivision five of  section
    17  eighty-seven  of  this  article. The board shall determine the necessary
    18  criteria for such plan and shall establish a scoring system to determine
    19  if such operators have fulfilled their obligation under this section.
    20    § 4. The financial services law is amended by adding a new section 312
    21  to read as follows:
    22    § 312. Evaluation of reinvestment plans. The department shall evaluate
    23  the plans by operators, as defined in section three of the cannabis law,
    24  to reinvest in specified communities and provide for the enforcement  of
    25  the cannabis community reinvestment act, pursuant to section sixty-two-a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06013-01-5

        A. 5647                             2
 
     1  of  the cannabis law, in consultation with the board.  If the department
     2  determines that an operator is failing to properly  serve  disadvantaged
     3  communities, specifically the community they are serving, if applicable,
     4  or  does  not  possess  and/or  properly execute a social impact program
     5  within their business model, such operator shall be notified  and  their
     6  license  shall be marked for further review. The department shall deter-
     7  mine what necessary steps such operator shall take to fulfill the  obli-
     8  gations  under this section and provide such information to the operator
     9  within thirty days of marking such operator for further  review.    Such
    10  operator  will then have sixty days to take such steps.  Notwithstanding
    11  any provision of law to the contrary, if the department determines  that
    12  such  steps  or substantially similar steps, as determined by the board,
    13  were not taken, the department may revoke  such  operator's  license  or
    14  licenses.  The  department shall establish an appeals process for opera-
    15  tors that have had their licenses revoked.  If such  revocation  occurs,
    16  such license or licenses shall be auctioned off to another individual or
    17  business that qualifies under section eighty-seven of the cannabis law.
    18    §  5.  This  act  shall take effect on the sixtieth day after it shall
    19  have become a law. Effective immediately, the addition, amendment and/or
    20  repeal of any rule or regulation necessary  for  the  implementation  of
    21  this  act  on its effective date are authorized to be made and completed
    22  on or before such effective date.
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