Bill Text: NY S06243 | 2021-2022 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO AGRICULTURE [S06243 Detail]
Download: New_York-2021-S06243-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6243 2021-2022 Regular Sessions IN SENATE April 19, 2021 ___________ Introduced by Sen. HINCHEY -- 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. LBD09477-01-1S. 6243 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; orS. 6243 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.
