N.Y. Comp. Codes R. & Regs. tit. 9 § 121.4

Current through Register Vol. 46, No. 36, September 4, 2024

Section 121.4 - Commitment to Social and Economic Equity

(a) An applicant or licensee, as defined in section 118.1 of this Title, shall be required to demonstrate their commitment to the social and economic equity goals of the Cannabis Law as part of the application process. Such commitment may be demonstrated by the design and implementation of a community impact plan.

(1) A community impact plan shall show an applicant's or licensee's plan for how the applicant or licensee will benefit communities, and individuals from communities that were disproportionately impacted by the enforcement of cannabis prohibition, which shall include, but not be limited to:

(i) identification of the community or communities and individuals disproportionately impacted that the applicant or licensee plans to benefit;

(ii) a description of:

(a) the benefits that the applicant or licensee will provide to the community or individuals disproportionately impacted, including, but not limited to, workforce opportunities, community resources, education, and other community building programs;

(b) the scale or size of the disproportionately impacted target beneficiaries; and

(c) the plan for implementation, including, but not limited to, actions, activities and engagements that will be performed by the applicant or licensee and frequency of engagement with the community or individuals disproportionately impacted;

(iii) a demonstrated need of the proposed benefit to the community and individuals disproportionately impacted, including, but not limited to, economic and social impact;

(iv) identifiable resources the applicant or licensee will use to execute the community impact plan, including, but not limited to:

(a) by written agreement, a demonstrable partnership or relationship with a community-based organization or other association;

(b) estimated expenses, if any, the applicant or licensee will incur to execute the community impact plan and its activities;

(c) the applicant's or licensee's demonstrated ability, knowledge, expertise or experience; and

(d) any other information or documentation evidencing community engagement.

(v) a description of the applicant's or licensee's strategy to measure, track, and record the performance and execution of the community impact plan that identifies qualitative and quantitative metrics, and includes frequency of tracking such metrics;

(vi) a statement by the applicant or licensee supporting its ability to execute on the community impact plan as described in the application based on the suitability and appropriateness of the metrics the applicant or licensee will use to measure the success of the community impact plan; and the nexus described between the community impact plan's desired outcome, implementation strategy, and the applicant's or licensee's demonstrated ability to execute the community impact plan; and

(vii) any other requirements for a community impact plan as determined by the Board.

(b) Any person, vendor, contractor, entity or individual knowingly engaged in business with an enterprise revealed to be fraudulently qualified as social and economic equity licensee may be permanently barred from receiving a license from the Office after investigation.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 121.4

Adopted New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/27/2023