A 11562

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   11562
                           I N  A S S E M B L Y
                               June 1, 2026
                                ___________
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Bronson) --
   read once and referred to the Committee on Ways and Means
 AN ACT to amend the cannabis law and the labor law, in relation to labor
   peace agreements and the cannabis wage industry board;  and  repealing
   certain provisions of the cannabis law relating thereto
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Subdivision  29  of  section  3  of  the  cannabis  law  is
 REPEALED.
   §  2  . Subdivision 24 of section 10 of the cannabis law is amended to
 read as follows:
   24. The board shall, two years after the first retail sale pursuant to
 this chapter, review the impact of licenses issued pursuant  to  article
 four  of  this chapter with substantial market share for any category of
 licensure, to determine if such licensees are impairing the  achievement
 of the goals of inclusion of social equity licensees, fairness for small
 businesses  and  distressed  farmers,  adequate supplies of cannabis and
 prevention of dominant marketplace participation in the cannabis  indus-
 try. The board may modify the terms of the licensee's license consistent
 with  the  determination  and  to  better  achieve those goals. Any such
 modification may be appealed by the licensee for  a  formal  hearing  as
 provided  in  section  seventeen  of this article. For any licensee such
 review shall include violations of New York state labor law  [and  labor
 peace  agreements]. Further, an existing collective bargaining agreement
 shall not be infringed or voided by any licensee who after  such  review
 suffers from a reduction in market share.
   § 3. Subparagraphs (iii), (iv) and (v) of paragraph (a) of subdivision
 1 of section 35 of the cannabis law are amended to read as follows:
   (iii)  [that  the  applicant  has entered into a labor peace agreement
 with a bona fide labor organization that is actively engaged in  repres-
 enting  or  attempting  to  represent  the applicant's employees and the
 maintenance of such a labor peace agreement shall be an ongoing material
 condition of certification;
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16055-03-6
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   (iv)] the applicant's status as a for-profit business entity  or  not-
 for-profit corporation; and
   [(v)]  (IV)  the application shall include the name, residence address
 and title of each of the officers and directors and the name  and  resi-
 dence address of any person or entity that is a member of the applicant.
 Each  such person, if an individual, or lawful representative if a legal
 entity, shall submit an affidavit with the application setting forth:
   (A) any position of  management,  interest  or  ownership  during  the
 preceding ten years of a ten per centum or greater interest in any other
 cannabis business, or applicant, located in or outside this state, manu-
 facturing or distributing drugs including indirect management, interest,
 or ownership of parent companies, subsidiaries, or affiliates;
   (B)  whether  such person or any such business has been convicted of a
 felony or had a registration or license  suspended  or  revoked  in  any
 administrative or judicial proceeding, and if applicable, the history of
 violations  or  administrative  penalties with respect to any license to
 cultivate, manufacture, distribute or sell adult-use cannabis or medical
 cannabis; and
   (C) such other information as the board may reasonably require.
   § 4. Subparagraphs (vi), (vii) and (viii) of paragraph (a) of subdivi-
 sion 3 of section 35 of the cannabis law are amended to read as follows:
   (vi) the applicant and its managing officers are of good moral charac-
 ter; AND
   (vii) [the applicant has entered into a labor peace agreement  with  a
 bona fide labor organization that is actively engaged in representing or
 attempting  to  represent the applicant's employees; and the maintenance
 of such a labor peace agreement shall be an ongoing  material  condition
 of registration; and
   (viii)]  the applicant satisfies any other conditions as determined by
 the board.
   § 5. Paragraph (a) of subdivision 6 and subdivision 7 of section 35 of
 the cannabis law are amended to read as follows:
   (a) The board shall renew a registration unless [he or she] THE  BOARD
 determines and finds that:
   (i)  the  applicant  is  unlikely  to  maintain or be able to maintain
 effective control against diversion;
   (ii) the applicant is unlikely to comply with all state laws  applica-
 ble to the activities in which it may engage under the registration;
   (iii)  it  is  not  in  the  public interest to renew the registration
 because the number of registered organizations in an area  is  excessive
 to reasonably serve the area; OR
   (iv)  [the applicant has either violated or terminated its labor peace
 agreement; or
   (v)] the applicant has substantively  violated  the  laws  of  another
 jurisdiction,  in which they operate or have operated a cannabis license
 or registration, related to the operation of a cannabis business.
   7. The board may suspend or terminate the registration of a registered
 organization, on grounds and using procedures under this article  relat-
 ing to a license, to the extent consistent with this article. [The board
 shall  suspend  or terminate the registration in the event that a regis-
 tered organization violates or terminates  the  applicable  labor  peace
 agreement.]  Conduct  in  compliance with this article which may violate
 conflicting federal law, shall not be grounds to suspend or terminate  a
 registration.
   §  6. Paragraph (i) of subdivision 1 of section 64 of the cannabis law
 is amended to read as follows:
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   (i) [the applicant has entered into a labor  peace  agreement  with  a
 bona-fide labor organization that is actively engaged in representing or
 attempting  to  represent the applicant's employees, and the maintenance
 of such a labor peace agreement shall be an ongoing  material  condition
 of licensure.] In evaluating applications from entities with twenty-five
 or more employees, the office shall give consideration to whether appli-
 cants have entered into an agreement with a statewide or local bona-fide
 building  and  construction trades organization for construction work on
 its licensed facilities;
   § 7. Subdivision 5 of section 66 of the cannabis law is REPEALED.
   § 7-a. Section 66 of the cannabis law  is  amended  by  adding  a  new
 subdivision 5 to read as follows:
   5.  EACH APPLICANT OR RENEWAL APPLICANT, SHALL PROVIDE THE FULL OWNER-
 SHIP STRUCTURE OF  THE  LICENSEE,  ANY  MANAGEMENT  SERVICE  AGREEMENTS,
 INCLUDING  THE  FULL  OWNERSHIP  STRUCTURE OF THE COMPANY PROVIDING SUCH
 SERVICES, AND A REPORT TO THE BOARD THAT WILL BE MADE PUBLICLY AVAILABLE
 ON THE OFFICE'S WEBSITE ON THE FOLLOWING DATA:
   (A) THE RANGE OF SALARY AND/OR HOURLY RATES OF PAY  OFFERED  FOR  EACH
 JOB TITLE; AND
   (B)  THE  AVERAGE  NUMBER OF HOURS SCHEDULED OR OFFERED FOR EACH POSI-
 TION.
   § 8. Section 665 of the labor law is renumbered section 669 and a  new
 section 665 is added to read as follows:
   § 665. CANNABIS INDUSTRY WAGE BOARD. 1.  THE COMMISSIONER SHALL HEREBY
 CONVENE  A  CANNABIS  INDUSTRY  WAGE  BOARD.  THE  WAGE  BOARD  SHALL BE
 COMPRISED OF THREE MEMBERS: ONE REPRESENTATIVE OF  THE  NEW  YORK  STATE
 LICENSED  CANNABIS  INDUSTRY;  ONE  REPRESENTATIVE OF THE NEW YORK STATE
 AFL-CIO; AND ONE MEMBER APPOINTED BY  THE  COMMISSIONER,  WHO  SHALL  BE
 SELECTED FROM THE GENERAL PUBLIC AND DESIGNATED AS CHAIRPERSON. THE WAGE
 BOARD  SHALL HOLD ITS FIRST HEARING NO LATER THAN MARCH FIRST, TWO THOU-
 SAND TWENTY-SEVEN.  THE MEMBERS OF THE BOARD SHALL NOT RECEIVE A  SALARY
 OR  OTHER  COMPENSATION BUT SHALL BE PAID ACTUAL AND NECESSARY TRAVELING
 EXPENSES WHILE ENGAGED IN THE PERFORMANCE OF THEIR DUTIES.
   2. TWO-THIRDS OF THE MEMBERS OF THE BOARD SHALL CONSTITUTE  A  QUORUM.
 THE  CHAIRPERSON  MAY  FROM  TIME  TO TIME FORMULATE RULES GOVERNING THE
 MANNER IN WHICH THE WAGE BOARD SHALL FUNCTION  AND  PERFORM  ITS  DUTIES
 UNDER THIS ARTICLE.
   3.  THE  WAGE  BOARD  SHALL HAVE POWER TO CONDUCT PUBLIC HEARINGS. THE
 BOARD MAY ALSO CONSULT WITH CANNABIS EMPLOYERS,  CANNABIS  WORKERS,  AND
 THEIR  RESPECTIVE  REPRESENTATIVES,  IN  THE  OCCUPATION  OR OCCUPATIONS
 INVOLVED, AND WITH SUCH OTHER PERSONS, AS IT SHALL DETERMINE. THE  BOARD
 SHALL ALSO HAVE POWER TO ADMINISTER OATHS AND TO REQUIRE BY SUBPOENA THE
 ATTENDANCE  AND TESTIMONY OF WITNESSES, AND THE PRODUCTION OF ALL BOOKS,
 RECORDS, AND OTHER EVIDENCE RELATIVE TO ANY MATTERS UNDER INQUIRY.  SUCH
 SUBPOENAS SHALL BE SIGNED AND ISSUED BY THE CHAIRPERSON OF THE BOARD AND
 SHALL BE SERVED AND HAVE THE SAME EFFECT AS IF ISSUED OUT OF THE SUPREME
 COURT.    THE  BOARD  SHALL HAVE POWER TO CAUSE DEPOSITIONS OF WITNESSES
 RESIDING WITHIN  OR  WITHOUT  THE  STATE  TO  BE  TAKEN  IN  THE  MANNER
 PRESCRIBED  FOR  LIKE DEPOSITIONS IN CIVIL ACTIONS IN THE SUPREME COURT.
 THE BOARD SHALL NOT BE BOUND BY COMMON LAW OR STATUTORY RULES OF  PROCE-
 DURE OR EVIDENCE.
   4.  THE  WAGE  BOARD SHALL ONLY MEET WITHIN THE STATE AND MUST HOLD AT
 LEAST THREE HEARINGS AT WHICH THE PUBLIC WILL BE AFFORDED AN OPPORTUNITY
 TO PROVIDE COMMENTS. AT LEAST ONE SPANISH LANGUAGE INTERPRETER SHALL  BE
 PRESENT  AT EACH PUBLIC HEARING TO INTERPRET ORAL TESTIMONY DELIVERED IN
 SPANISH. WHERE A WITNESS REVEALS  THE  NEED  FOR  AN  INTERPRETER  IN  A
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 LANGUAGE  OTHER  THAN SPANISH, TO THE EXTENT PRACTICABLE, AN INTERPRETER
 IN THAT LANGUAGE SHALL BE PROVIDED. ANY MATERIALS ADVERTISING SUCH HEAR-
 INGS SHALL BE BILINGUAL IN ENGLISH AND SPANISH.  ANY  WRITTEN  MATERIALS
 DISBURSED AT THE HEARING OR SUBSEQUENT TO THE HEARING, INCLUDING WRITTEN
 TESTIMONY  AND HEARING TRANSCRIPTS, SHALL BE AVAILABLE IN ENGLISH, SPAN-
 ISH, AND, TO THE EXTENT PRACTICABLE, ANY OTHER LANGUAGE UPON REQUEST.
   5. THE WAGE BOARD SHALL MAKE A REPORT TO THE GOVERNOR AND THE LEGISLA-
 TURE, INCLUDING, BUT NOT LIMITED TO, ITS RECOMMENDATIONS AS  TO  MINIMUM
 HOURLY  WAGES.  THE REPORT SHALL RECOMMEND PROSPECTIVE WAGE INCREASES IN
 THE SAME MANNER AS MINIMUM WAGE INCREASES PURSUANT TO SUBDIVISION 1-B OF
 SECTION SIX HUNDRED FIFTY-TWO OF THIS ARTICLE. THE REPORT SHALL  INCLUDE
 SPECIFIC  RECOMMENDATIONS  FOR  WORKERS  IN EACH OF THE FOLLOWING AREAS:
 CULTIVATION; PROCESSING AND  PACKAGING;  DISTRIBUTION;  AND  RETAIL  AND
 DELIVERY. THE BOARD SHALL HAVE THE DISCRETION TO INCLUDE SPECIFIC RECOM-
 MENDATIONS  FOR  ADDITIONAL CLASSIFICATIONS OF CANNABIS INDUSTRY WORKER,
 AND AN INDUSTRY-WIDE MINIMUM WAGE FOR WORKERS NOT  CAPTURED  WITHIN  ANY
 SPECIFIC CLASSIFICATION, AND SHALL HAVE THE DISCRETION TO DETERMINE THAT
 WAGES  IN  THE  INDUSTRY ARE ADEQUATE. THE REPORT AND RECOMMENDATIONS OF
 THE BOARD SHALL BE SUBMITTED ONLY AFTER A VOTE OF NOT LESS THAN A MAJOR-
 ITY OF ALL ITS MEMBERS IN SUPPORT OF SUCH  REPORT  AND  RECOMMENDATIONS.
 SUCH  REPORT SHALL BE SUBMITTED NO LATER THAN DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-SEVEN.
   6. NOTHING CONTAINED IN THE WAGE  BOARD'S  REPORT  OR  RECOMMENDATIONS
 SHALL  DIMINISH  OR  LIMIT ANY RIGHTS, PROTECTIONS, BENEFITS OR ENTITLE-
 MENTS CURRENTLY ENJOYED BY AND/OR AVAILABLE TO ANY  CANNABIS  WORKER  IN
 THE STATE.
   7. THE COMMISSIONER SHALL COMPLY WITH SECTION SIX HUNDRED FIFTY-SIX OF
 THIS  ARTICLE  UPON  RECEIPT  OF  THE  WAGE BOARD'S RECOMMENDATIONS. THE
 COMMISSIONER MAY RECONVENE THE SAME WAGE BOARD OR  APPOINT  A  NEW  WAGE
 BOARD IN COMPLIANCE WITH SECTION SIX HUNDRED FIFTY-NINE OF THIS ARTICLE.
   §  9.  This  act  shall  take  effect  immediately; provided, however,
 sections seven-a and eight of this act shall  take  effect  January  31,
 2027.