Senate Bill S1751

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1751
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section  1. The agriculture and markets law is amended by adding a new
 article 29-A to read as follows:
                               ARTICLE 29-A
                            GROWTH OF CANNABIS
 SECTION 530. DEFINITIONS.
         531. CANNABIS GROWER ENERGY EFFICIENCY.
   § 530. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "CANNABIS" MEANS ALL OR PARTS OF THE PLANT OF THE GENUS CANNABIS.
   2. "CONCENTRATED CANNABIS" MEANS: (A)  THE  SEPARATED  RESIN,  WHETHER
 CRUDE  OR  PURIFIED, OBTAINED FROM CANNABIS; OR (B) A MATERIAL, PREPARA-
 TION, MIXTURE, COMPOUND OR OTHER  SUBSTANCE  WHICH  CONTAINS  MORE  THAN
 THREE-TENTHS  OF  ONE PERCENT BY WEIGHT OR BY VOLUME OF DELTA-9 TETRAHY-
 DROCANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM,  OR
 DELTA-1  TETRAHYDROCANNABINOL  OR  ITS  ISOMER,  DELTA 1 (6) MONOTERPENE
 NUMBERING SYSTEM OR WHICH EXCEEDS AN AMOUNT OF DELTA-9  TETRAHYDROCANNA-
 BINOL  OR ITS ISOMER, DELTA 1 (6) MONOTERPENE NUMBERING SYSTEM PER SERV-
 ING OR PER PRODUCT DETERMINED BY THE COMMISSIONER.
   3.  "CANNABIS  CULTIVATION"  MEANS  THE  PLANTING,  GROWING,  CLONING,
 HARVESTING, DRYING, CURING, GRADING AND/OR TRIMMING OF CANNABIS, OR SUCH
 OTHER CULTIVATION RELATED PROCESSES AS DETERMINED BY THE COMMISSIONER.
   4.  "ADULT-USE CANNABIS" MEANS ANY CANNABIS, CONCENTRATED CANNABIS, OR
 CANNABIS-INFUSED OR EXTRACTED  PRODUCTS,  OR  PRODUCTS  WHICH  OTHERWISE
 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.
                                                            LBD04092-01-3
 S. 1751                             2
              

 
 PURSUANT TO THE LAWS OF THIS STATE FOR DISTRIBUTION TO  AND  FOR  LAWFUL
 USE BY PERSONS TWENTY-ONE YEARS OF AGE OR OLDER.
   5.  "MEDICAL  CANNABIS"  MEANS  CANNABIS  INTENDED  AND APPROVED FOR A
 CERTIFIED MEDICAL USE, AS DETERMINED BY THE COMMISSIONER OF HEALTH.
   6. "CANNABIS GROWER" MEANS ANY PERSON, PARTNERSHIP, LIMITED  LIABILITY
 COMPANY,  CORPORATION,  JOINT  VENTURE,  ASSOCIATION, OR OTHER ENTITY OR
 ORGANIZATION AUTHORIZED OR LICENSED PURSUANT TO THE LAWS OF  THIS  STATE
 TO  ENGAGE  IN  THE BUSINESS OF CANNABIS CULTIVATION FOR THE SALE AND/OR
 DISTRIBUTION OF ADULT-USE CANNABIS AND/OR MEDICAL CANNABIS.
   7. "LIGHTING POWER DENSITY" OR "LPD" MEANS A  SCREENING  MEASURE  THAT
 REPRESENTS  THE  LOAD  OF ANY LIGHTING EQUIPMENT IN ANY DEFINED AREA, AS
 CALCULATED BY THE WATTS NEEDED PER SQUARE FOOT FOR THE INTENDED  USE  OF
 SUCH LIGHTING EQUIPMENT.
   8.  "PHOTOSYNTHETIC  PHOTON  EFFICACY"  OR  "PPE"  MEANS A MEASURE FOR
 COMPARING THE EFFICIENCY OF DIFFERENT MANUFACTURERS' LIGHTING  FIXTURES,
 AS EXPRESSED BY MICROMOLES PER JOULE.
   9. "HVAC" MEANS A HEATING, VENTILATION, AND/OR AIR CONDITIONING SYSTEM
 USED FOR INDOOR TEMPERATURE AND VENTILATION MANAGEMENT.
   10.  "DUCTLESS  SPLIT  HVAC UNIT" SHALL MEAN A DUCTLESS HVAC UNIT THAT
 INCLUDES AT LEAST ONE OUTDOOR AND ONE INDOOR UNIT CONNECTED BY REFRIGER-
 ANT TUBING AND ELECTRICAL WIRING.
   11. "VARIABLE REFRIGERANT FLOW HVAC UNIT" SHALL MEAN AN HVAC  UNIT  OR
 SYSTEM  THAT  USES  REFRIGERANT  AS  ITS  COOLING AND HEATING MEDIUM AND
 ALLOWS FOR VARYING DEGREES OF COOLING OR  HEATING  IN  DIFFERENT  AREAS,
 THUS REDUCING ENERGY CONSUMPTION.
   12.  "AUTOMATED  WATERING  SYSTEM"  SHALL  MEAN A WATERING SYSTEM WITH
 MINIMUM MANUAL INTERVENTION, OTHER THAN SURVEILLANCE, INCLUDING, BUT NOT
 BE LIMITED TO DRIP IRRIGATION OR FLOOD TABLES.
   13. "WATERING EVENT" SHALL MEAN A SINGLE EVENT WHERE A CANNABIS GROWER
 WATERS ALL OR A PORTION OF CANNABIS CROPS BEING GROWN BY  SUCH  CANNABIS
 GROWER.
   §  531.  CANNABIS GROWER ENERGY EFFICIENCY. 1. (A) ANY APPLICANT FOR A
 LICENSE TO OPERATE AS A CANNABIS GROWER UNDER THE  LAWS  OF  THIS  STATE
 SHALL  SUBMIT  TO  THE  COMMISSIONER A CANNABIS GROWER ENERGY EFFICIENCY
 PLAN IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   (B) A CANNABIS GROWER ENERGY EFFICIENCY  PLAN  SUBMITTED  PURSUANT  TO
 PARAGRAPH (2) OF THIS SUBDIVISION SHALL CONTAIN THE FOLLOWING:
   (I)  THE  APPLICANT'S  EXPECTED  ENERGY NEEDS TO OPERATE AS A CANNABIS
 GROWER, INCLUDING ESTIMATES OF MONTHLY ELECTRICITY  AND  GAS  USAGE,  TO
 WHAT EXTENT SUCH APPLICANT EXPECTS TO PROCURE ENERGY FROM A LOCAL UTILI-
 TY  OR  FROM  ON-SITE  GENERATION, AND WHETHER SUCH APPLICANT INTENDS TO
 ADOPT A SUSTAINABLE ENERGY USE AND ENERGY CONSERVATION POLICY;
   (II) THE APPLICANT'S EXPECTED WATER NEEDS, INCLUDING  ESTIMATED  WATER
 DRAW,  AND  WHETHER  SUCH APPLICANT INTENDS TO ADOPT A SUSTAINABLE WATER
 USE AND WATER CONSERVATION POLICY;
   (III) THE  APPLICANT'S  EXPECTED  WASTE  MANAGEMENT  NEEDS,  INCLUDING
 WHETHER SUCH APPLICANT INTENDS TO ADOPT A WASTE REDUCTION POLICY; AND
   (IV)  A  DESCRIPTION  OF  THE APPLICANT'S PLAN FOR COMPLIANCE WITH THE
 PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
   2. ANY CANNABIS GROWER LICENSED OR OTHERWISE AUTHORIZED TO OPERATE  AS
 SUCH  UNDER  THE  LAWS  OF  THIS  STATE  SHALL COMPLY WITH THE FOLLOWING
 RESOURCE EFFICIENCY REQUIREMENTS:
   (A) (I) THE LIGHTING POWER  DENSITIES  FOR  SPACE  USED  FOR  CANNABIS
 CULTIVATION  SHALL  NOT  EXCEED AN AVERAGE OF THIRTY-SIX WATTS PER GROSS
 SQUARE INCH OF SUCH SPACE; OR
 S. 1751                             3
 
   (II) ALL INSTALLED LIGHTING  EQUIPMENT  SHALL  MEET  A  PHOTOSYNTHETIC
 PHOTON  EFFICACY  OF  NO  LESS THAN 2.2 MICROMOLES PER JOULE FIXTURE AND
 SHALL HAVE BEEN FEATURED ON THE DESIGN LIGHTS CONSORTIUM'S HORTICULTURAL
 SPECIFICATION QUALIFIED PRODUCTS LIST. IN  THE  EVENT  THAT  THE  DESIGN
 LIGHTS  CONSORTIUM'S  REQUIREMENT  FOR  MINIMUM  EFFICACY  IS CHANGED TO
 EXCEED 2.2 MICROMOLES PER JOULE FIXTURE, COMPLIANCE WITH SUCH NEW  MINI-
 MUM PPE SHALL SATISFY THE REQUIREMENTS OF THIS SUBPARAGRAPH.
   (B) (I) HIGH-EFFICIENCY DUCTLESS SPLIT HVAC UNITS SHALL BE USED BY ANY
 CANNABIS  GROWER  OPERATING  IN A SPACE OF LESS THAN SIX THOUSAND SQUARE
 FEET; AND
   (II) VARIABLE REFRIGERANT FLOW HVAC UNITS SHALL BE USED BY ANY  CANNA-
 BIS GROWER OPERATING IN A SPACE OF SIX THOUSAND SQUARE FEET OR GREATER.
   (C)  (I) AUTOMATED WATERING SYSTEMS SHALL BE USED TO IRRIGATE CANNABIS
 CROPS.
   (II) A CANNABIS GROWER SHALL MEASURE WATER RUNOFF FROM  EACH  CANNABIS
 CROP  WATERING  EVENT, AND SHALL MAINTAIN AN AVERAGE OF LESS THAN TWENTY
 PERCENT WATER RUNOFF ACROSS ALL CANNABIS CROP WATERING EVENTS.
   (D) HVAC CONDENSATE, DEHUMIDIFICATION WATER, EXCESS WATER RUNOFF  FROM
 WATERING  EVENTS,  AND  OTHER  WASTEWATER  PRODUCED  DURING THE CANNABIS
 CULTIVATION PROCESS SHALL BE CAPTURED AND FILTERED TO THE  BEST  OF  THE
 CANNABIS  GROWER'S ABILITY TO ACHIEVE THE QUALITY NEEDED TO BE REUSED IN
 SUBSEQUENT WATERING EVENTS.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.