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S01751 Summary:

Add Art 29-A §§530 & 531, Ag & Mkts L
Requires applicants for a license to grow adult-use or medical cannabis to submit an energy efficiency plan to the department of agriculture and markets; sets resource efficiency requirements for such cannabis growers.
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S01751 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 13, 2023
        Introduced  by  Sens. HINCHEY, COONEY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to cannabis
          grower energy efficiency
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The agriculture and markets law is amended by adding a new
     2  article 29-A to read as follows:
     3                                ARTICLE 29-A
     4                             GROWTH OF CANNABIS
     5  Section 530. Definitions.
     6          531. Cannabis grower energy efficiency.
     7    § 530. Definitions. As used in this article, the following terms shall
     8  have the following meanings:
     9    1. "Cannabis" means all or parts of the plant of the genus cannabis.
    10    2. "Concentrated cannabis" means: (a)  the  separated  resin,  whether
    11  crude  or  purified, obtained from cannabis; or (b) a material, prepara-
    12  tion, mixture, compound or other  substance  which  contains  more  than
    13  three-tenths  of  one percent by weight or by volume of delta-9 tetrahy-
    14  drocannabinol, or its isomer, delta-8 dibenzopyran numbering system,  or
    15  delta-1  tetrahydrocannabinol  or  its  isomer,  delta 1 (6) monoterpene
    16  numbering system or which exceeds an amount of delta-9  tetrahydrocanna-
    17  binol  or its isomer, delta 1 (6) monoterpene numbering system per serv-
    18  ing or per product determined by the commissioner.
    19    3.  "Cannabis  cultivation"  means  the  planting,  growing,  cloning,
    20  harvesting, drying, curing, grading and/or trimming of cannabis, or such
    21  other cultivation related processes as determined by the commissioner.
    22    4.  "Adult-use cannabis" means any cannabis, concentrated cannabis, or
    23  cannabis-infused or extracted  products,  or  products  which  otherwise
    24  contain  or  are  derived  from cannabis, and which have been authorized
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1751                             2
     1  pursuant to the laws of this state for distribution to  and  for  lawful
     2  use by persons twenty-one years of age or older.
     3    5.  "Medical  cannabis"  means  cannabis  intended  and approved for a
     4  certified medical use, as determined by the commissioner of health.
     5    6. "Cannabis grower" means any person, partnership, limited  liability
     6  company,  corporation,  joint  venture,  association, or other entity or
     7  organization authorized or licensed pursuant to the laws of  this  state
     8  to  engage  in  the business of cannabis cultivation for the sale and/or
     9  distribution of adult-use cannabis and/or medical cannabis.
    10    7. "Lighting power density" or "LPD" means a  screening  measure  that
    11  represents  the  load  of any lighting equipment in any defined area, as
    12  calculated by the watts needed per square foot for the intended  use  of
    13  such lighting equipment.
    14    8.  "Photosynthetic  photon  efficacy"  or  "PPE"  means a measure for
    15  comparing the efficiency of different manufacturers' lighting  fixtures,
    16  as expressed by micromoles per joule.
    17    9. "HVAC" means a heating, ventilation, and/or air conditioning system
    18  used for indoor temperature and ventilation management.
    19    10.  "Ductless  split  HVAC unit" shall mean a ductless HVAC unit that
    20  includes at least one outdoor and one indoor unit connected by refriger-
    21  ant tubing and electrical wiring.
    22    11. "Variable refrigerant flow HVAC unit" shall mean an HVAC  unit  or
    23  system  that  uses  refrigerant  as  its  cooling and heating medium and
    24  allows for varying degrees of cooling or  heating  in  different  areas,
    25  thus reducing energy consumption.
    26    12.  "Automated  watering  system"  shall  mean a watering system with
    27  minimum manual intervention, other than surveillance, including, but not
    28  be limited to drip irrigation or flood tables.
    29    13. "Watering event" shall mean a single event where a cannabis grower
    30  waters all or a portion of cannabis crops being grown by  such  cannabis
    31  grower.
    32    §  531.  Cannabis grower energy efficiency. 1. (a) Any applicant for a
    33  license to operate as a cannabis grower under the  laws  of  this  state
    34  shall  submit  to  the  commissioner a cannabis grower energy efficiency
    35  plan in accordance with the provisions of this subdivision.
    36    (b) A cannabis grower energy efficiency  plan  submitted  pursuant  to
    37  paragraph (2) of this subdivision shall contain the following:
    38    (i)  The  applicant's  expected  energy needs to operate as a cannabis
    39  grower, including estimates of monthly electricity  and  gas  usage,  to
    40  what extent such applicant expects to procure energy from a local utili-
    41  ty  or  from  on-site  generation, and whether such applicant intends to
    42  adopt a sustainable energy use and energy conservation policy;
    43    (ii) The applicant's expected water needs, including  estimated  water
    44  draw,  and  whether  such applicant intends to adopt a sustainable water
    45  use and water conservation policy;
    46    (iii) The  applicant's  expected  waste  management  needs,  including
    47  whether such applicant intends to adopt a waste reduction policy; and
    48    (iv)  A  description  of  the applicant's plan for compliance with the
    49  provisions of subdivision two of this section.
    50    2. Any cannabis grower licensed or otherwise authorized to operate  as
    51  such  under  the  laws  of  this  state  shall comply with the following
    52  resource efficiency requirements:
    53    (a) (i) The lighting power  densities  for  space  used  for  cannabis
    54  cultivation  shall  not  exceed an average of thirty-six watts per gross
    55  square inch of such space; or

        S. 1751                             3
     1    (ii) All installed lighting  equipment  shall  meet  a  photosynthetic
     2  photon  efficacy  of  no  less than 2.2 micromoles per joule fixture and
     3  shall have been featured on the Design Lights Consortium's Horticultural
     4  Specification Qualified Products List. In  the  event  that  the  Design
     5  Lights  Consortium's  requirement  for  minimum  efficacy  is changed to
     6  exceed 2.2 micromoles per joule fixture, compliance with such new  mini-
     7  mum PPE shall satisfy the requirements of this subparagraph.
     8    (b) (i) High-efficiency ductless split HVAC units shall be used by any
     9  cannabis  grower  operating  in a space of less than six thousand square
    10  feet; and
    11    (ii) Variable refrigerant flow HVAC units shall be used by any  canna-
    12  bis grower operating in a space of six thousand square feet or greater.
    13    (c)  (i) Automated watering systems shall be used to irrigate cannabis
    14  crops.
    15    (ii) A cannabis grower shall measure water runoff from  each  cannabis
    16  crop  watering  event, and shall maintain an average of less than twenty
    17  percent water runoff across all cannabis crop watering events.
    18    (d) HVAC condensate, dehumidification water, excess water runoff  from
    19  watering  events,  and  other  wastewater  produced  during the cannabis
    20  cultivation process shall be captured and filtered to the  best  of  the
    21  cannabis  grower's ability to achieve the quality needed to be reused in
    22  subsequent watering events.
    23    § 2. This act shall take effect on the first of January next  succeed-
    24  ing the date upon which it shall have become a law. Effective immediate-
    25  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    26  necessary for the implementation of this act on its effective  date  are
    27  authorized to be made and completed on or before such effective date.
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