LCO 1 of 15 General Assembly Substitute Bill No. 6930 January Session, 2025 AN ACT CONCERNING THE SOCIAL EQUITY COUNCIL'S RECOMMENDATIONS REGARDING SOCIAL EQUITY PLANS, STRATEGIC PLANNING, ETHICS, LICENSE RENEWAL FEES AND FINANCIAL ASSISTANCE APPLICATIONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 21a-420d of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective from passage): 2 (a) There is established a Social Equity Council, which shall be within 3 the Department of Economic and Community Development for 4 administrative purposes only. 5 (b) The Social Equity Council shall consist of seventeen members as 6 follows: 7 (1) One appointed by the speaker of the House of Representatives, 8 who has a professional background of not less than five years working 9 in the field of either social justice or civil rights; 10 (2) One appointed by the president pro tempore of the Senate, who 11 has a professional background of not less than five years working in the 12 field of either social justice or civil rights; 13 (3) One appointed by the majority leader of the House of 14 Representatives, who has a professional background of not less than five 15 Substitute Bill No. 6930 LCO 2 of 15 years working in the field of economic development to help minority-16 owned businesses; 17 (4) One appointed by the majority leader of the Senate, who has a 18 professional background of not less than five years in providing access 19 to capital to minorities, as defined in section 32-9n; 20 (5) One appointed by the minority leader of the House of 21 Representatives, who is from a community that has been 22 disproportionately harmed by cannabis prohibition and enforcement; 23 (6) One appointed by the minority leader of the Senate, who has a 24 professional background of not less than five years in providing access 25 to capital to minorities, as defined in section 32-9n; 26 (7) Two appointed by the chairperson of the Black and Puerto Rican 27 Caucus of the General Assembly, one of whom shall be designated by 28 the chairperson of the Black Caucus of the General Assembly and one of 29 whom shall be designated by the chairperson of the Puerto Rican and 30 Latino Caucus of the General Assembly; 31 (8) Five appointed by the Governor, one who is from a community 32 that has been disproportionately harmed by cannabis prohibition and 33 enforcement, one who has a professional background of not less than 34 five years working in the field of economic development and one who 35 is an executive branch official focused on workforce development; 36 (9) The Commissioner of Consumer Protection, or the commissioner's 37 designee; 38 (10) The Commissioner of Economic and Community Development, 39 or the commissioner's designee; 40 (11) The State Treasurer, or the State Treasurer's designee; and 41 (12) The Secretary of the Office of Policy and Management, or the 42 secretary's designee. 43 Substitute Bill No. 6930 LCO 3 of 15 (c) (1) In making the appointments in subsection (b) of this section, 44 the appointing authority shall use best efforts to make appointments 45 that reflect the racial, gender and geographic diversity of the population 46 of the state. 47 (2) Members appointed by the Governor shall serve a term of four 48 years from the time of appointment and members appointed by any 49 other appointing authority shall serve a term of three years from the 50 time of appointment. The appointing authority shall fill any vacancy for 51 the unexpired term. 52 (3) (A) The Governor shall appoint an interim executive director to 53 operationalize and support the Social Equity Council until, 54 notwithstanding the provisions of section 4-9a, the council appoints an 55 executive director. Subject to the provisions of chapter 67, and within 56 available appropriations, the council may thereafter appoint an 57 executive director and such other employees as may be necessary for the 58 discharge of the duties of the council. 59 (B) Not later than July 1, 2024, the council shall adopt bylaws 60 specifying which duties are retained by the members of the council and 61 which duties are delegated to the executive director. 62 (C) The council may, by a simple majority vote of the members of the 63 council, take any formal personnel action concerning the executive 64 director for any reason. 65 (D) In addition to the council's authority under subparagraph (C) of 66 this subdivision, if a final review board consisting of the chairperson 67 and the members of the council appointed under subdivisions (1), (2), 68 (5) and (6) of subsection (b) of this section determines, by a simple 69 majority vote of the members of the final review board, that removing 70 the executive director is in the best interest of serving the council's 71 mission, such final review board shall issue a letter to the council 72 recommending that the council remove the executive director. 73 (4) The Governor shall appoint the chairperson of the council from 74 Substitute Bill No. 6930 LCO 4 of 15 among the members of the council. The chairperson shall directly 75 supervise, establish annual goals for and conduct an annual 76 performance review of the executive director. 77 (5) The chairperson and executive director shall jointly develop, and 78 the council shall review and approve, (A) the budgetary information 79 that the council is required to annually submit to the Secretary of the 80 Office of Policy and Management pursuant to subdivision (2) of 81 subsection (c) of section 21a-420f, (B) allocations of moneys in the social 82 equity and innovation account, established under section 21a-420f, that 83 the council determines, under subparagraph (B) of subdivision (1) of 84 subsection (b) of section 21a-420f, further the principles of equity, [as 85 defined in section 21a-420,] and (C) any plans for expenditures to 86 provide (i) access to capital for businesses, (ii) technical assistance for 87 the start-up and operation of a business, (iii) funding for workforce 88 education, (iv) funding for community investments, and (v) funding for 89 investments in disproportionately impacted areas. 90 (d) A majority of the members of the Social Equity Council shall 91 constitute a quorum for the transaction of any business. The members 92 of the council shall serve without compensation, but shall, within 93 available appropriations, be reimbursed for expenses necessarily 94 incurred in the performance of their duties. Any member who fails to 95 attend three consecutive meetings held after May 24, 2022, or who fails 96 to attend fifty per cent of all meetings held during any calendar year 97 beginning on or after January 1, 2023, shall be deemed to have resigned 98 from office. The appointing authority shall fill the vacancy for the 99 unexpired term of any member who is deemed to have resigned from 100 office under this subsection, and shall use best efforts to ensure such 101 appointment reflects the racial, gender and geographic diversity of the 102 population of the state. 103 (e) The Social Equity Council may (1) request, and shall receive, from 104 any state agency such information and assistance as the council may 105 require, (2) use such funds as may be available from federal, state or 106 other sources and may enter into contracts to carry out the purposes of 107 Substitute Bill No. 6930 LCO 5 of 15 the council, including, but not limited to, contracts or agreements with 108 Connecticut Innovations, Incorporated, constituent units of the state 109 system of higher education, regional workforce development boards 110 and community development financial institutions, (3) utilize voluntary 111 and uncompensated services of private individuals, state or federal 112 agencies and organizations as may, from time to time, be offered and 113 needed, (4) accept any gift, donation or bequest for the purpose of 114 performing the duties of the council, (5) hold public hearings, (6) 115 establish such standing committees, as necessary, to perform the duties 116 of the council, and (7) adopt regulations, in accordance with chapter 54, 117 as the council may deem necessary to carry out the duties of the council. 118 (f) The Social Equity Council shall promote and encourage full 119 participation in the cannabis industry by persons from communities 120 that have been disproportionately harmed by cannabis prohibition and 121 enforcement. 122 (g) Not later than forty-five days after June 22, 2021, or at a later date 123 determined by the Social Equity Council, the council shall establish 124 criteria for proposals to conduct a study under this section and the 125 Secretary of the Office of Policy and Management shall post on the State 126 Contracting Portal a request for proposals to conduct a study, and shall 127 select an independent third party to conduct such study and provide 128 detailed findings of fact regarding the following matters in the state or 129 other matters determined by the council: 130 (1) Historical and present-day social, economic and familial 131 consequences of cannabis prohibition, the criminalization and 132 stigmatization of cannabis use and related public policies; 133 (2) Historical and present-day structures, patterns, causes and 134 consequences of intentional and unintentional racial discrimination and 135 racial disparities in the development, application and enforcement of 136 cannabis prohibition and related public policies; 137 (3) Foreseeable long-term social, economic and familial consequences 138 of unremedied past racial discrimination and disparities arising from 139 Substitute Bill No. 6930 LCO 6 of 15 past and continued cannabis prohibition, stigmatization and 140 criminalization; 141 (4) Existing patterns of racial discrimination and racial disparities in 142 access to entrepreneurship, employment and other economic benefits 143 arising in the lawful palliative use cannabis sector as established 144 pursuant to chapter 420f; and 145 (5) Any other matters that the council deems relevant and feasible for 146 study for the purpose of making reasonable and practical 147 recommendations for the establishment of an equitable and lawful 148 adult-use cannabis business sector in this state. 149 (h) Not later than January 1, 2022, the Social Equity Council shall, 150 taking into account the results of the study conducted in accordance 151 with subsection (g) of this section, make written recommendations, in 152 accordance with the provisions of section 11-4a, to the Governor and the 153 joint standing committees of the General Assembly having cognizance 154 of matters relating to finance, revenue and bonding, consumer 155 protection and the judiciary regarding legislation to implement the 156 provisions of this section. The council shall make recommendations 157 regarding: 158 (1) Creating programs to ensure that individuals from communities 159 that have been disproportionately harmed by cannabis prohibition and 160 enforcement are provided equal access to licenses for cannabis 161 establishments; 162 (2) Specifying additional qualifications for social equity applicants; 163 (3) Providing for expedited or priority license processing for each 164 license as a retailer, hybrid retailer, cultivator, micro-cultivator, product 165 manufacturer, food and beverage manufacturer, product packager, 166 transporter and delivery service license for social equity applicants; 167 (4) Establishing minimum criteria for any cannabis establishment 168 licensed on or after January 1, 2022, that is not owned by a social equity 169 Substitute Bill No. 6930 LCO 7 of 15 applicant, to comply with an approved workforce development plan to 170 reinvest or provide employment and training opportunities for 171 individuals in disproportionately impacted areas; 172 (5) Establishing criteria for a social equity plan for any cannabis 173 establishment licensed on or after January 1, 2022, to further the 174 principles of equity; [, as defined in section 21a-420;] 175 (6) Recruiting individuals from communities that have been 176 disproportionately harmed by cannabis prohibition and enforcement to 177 enroll in the workforce training program established pursuant to section 178 21a-421g; 179 (7) Potential uses for revenue generated under RERACA to further 180 equity; 181 (8) Encouraging participation of investors, cannabis establishments, 182 and entrepreneurs in the cannabis business accelerator program 183 established pursuant to section 21a-421f; 184 (9) Establishing a process to best ensure that social equity applicants 185 have access to the capital and training needed to own and operate a 186 cannabis establishment; and 187 (10) Developing a vendor list of women-owned and minority-owned 188 businesses that cannabis establishments may contract with for necessary 189 services, including, but not limited to, office supplies, information 190 technology infrastructure and cleaning services. 191 (i) (1) Not later than August 1, 2021, and annually thereafter until July 192 31, 2023, the Social Equity Council shall use the most recent five-year 193 United States Census Bureau American Community Survey estimates 194 or any successor data to determine one or more United States census 195 tracts in the state that are a disproportionately impacted area and shall 196 publish a list of such tracts on the council's Internet web site. 197 (2) Not later than August 1, 2023, the council shall use poverty rate 198 data from the most recent five-year United States Census Bureau 199 Substitute Bill No. 6930 LCO 8 of 15 American Community Survey estimates, population data from the most 200 recent decennial census and conviction information from databases 201 managed by the Department of Emergency Services and Public 202 Protection to identify all United States census tracts in the state that are 203 disproportionately impacted areas and shall publish a list of such tracts 204 on the council's Internet web site. In identifying which census tracts in 205 this state are disproportionately impacted areas and preparing such list, 206 the council shall: 207 (A) Not deem any census tract with a poverty rate that is less than the 208 state-wide poverty rate to be a disproportionately impacted area; 209 (B) After eliminating the census tracts described in subparagraph (A) 210 of this subdivision, rank the remaining census tracts in order from the 211 census tract with the greatest historical conviction rate for drug-related 212 offenses to the census tract with the lowest historical conviction rate for 213 drug-related offenses; and 214 (C) Include census tracts in the order of rank described in 215 subparagraph (B) of this subdivision until including the next census 216 tract would cause the total population of all included census tracts to 217 exceed twenty-five per cent of the state's population. 218 (j) After developing criteria for workforce development plans as 219 described in subdivision (4) of subsection (h) of this section, the Social 220 Equity Council shall review and approve or deny in writing any such 221 plan submitted by a producer under section 21a-420l or a hybrid-retailer 222 under section 21a-420u. 223 (k) The Social Equity Council shall develop criteria for evaluating the 224 ownership and control of any equity joint venture created under section 225 21a-420m, 21a-420u, 21a-420j or 21a-420aa and shall review and approve 226 or deny in writing such equity joint venture prior to such equity joint 227 venture being licensed under section 21a-420m, 21a-420u, 21a-420j or 228 21a-420aa. The council shall not approve any equity joint venture 229 applicant which shares with an equity joint venture any individual 230 owner who meets the criteria established in subparagraphs (A) and (B) 231 Substitute Bill No. 6930 LCO 9 of 15 of subdivision (51) of section 21a-420, other than an individual owner in 232 their capacity as a backer licensed under section 21a-420o. 233 (l) The Social Equity Council shall, upon receipt of funds from 234 producers in accordance with subdivision (5) of subsection (b) of section 235 21a-420l, develop a program to assist social equity applicants to open 236 not more than two micro-cultivator establishment businesses in total. 237 Producers shall provide mentorship to such social equity applicants. 238 The council shall, with the department, determine a system to select 239 social equity applicants to participate in such program without 240 participating in a lottery or request for proposals. 241 (m) (1) The Social Equity Council shall review and either approve or 242 deny, in writing, any social equity plan submitted by a cannabis 243 establishment as part of the cannabis establishment's final license 244 application. The council shall approve or deny such social equity plan 245 not later than thirty days after such social equity plan is submitted to 246 the council. If the council denies any such social equity plan, the 247 applicant may revise and resubmit such social equity plan without 248 prejudice. 249 (2) (A) Each licensed cannabis establishment shall (i) maintain an 250 active social equity plan at all times while such cannabis establishment 251 is in operation, and (ii) not later than March 1, 2026, and annually 252 thereafter, submit to the council a report disclosing the impact such 253 social equity plan had on the disproportionately impacted area in which 254 such cannabis establishment is located during the preceding calendar 255 year. 256 (B) The council shall review each report submitted pursuant to 257 subparagraph (A)(ii) of this subdivision and may, not later than sixty 258 days after completing such review, request that the licensed cannabis 259 establishment that submitted such report revise such cannabis 260 establishment's social equity plan to ensure that such social equity plan 261 furthers the principles of equity. 262 [(2)] (3) Not later than July 1, 2024, the council shall update the criteria 263 Substitute Bill No. 6930 LCO 10 of 15 for social equity plans described in subdivision (5) of subsection (h) of 264 this section to include a specific, points-based rubric to evaluate social 265 equity plans. 266 (n) The Social Equity Council shall approve the amounts, grantees 267 and purposes of any grants made by the council from the social equity 268 and innovation account or the Cannabis Social Equity and Innovation 269 Fund, established under section 21a-420f, and any contract executed by 270 and between the council and a grant maker shall require that the 271 amounts, grantees and purposes of any subgrants made by such grant 272 maker shall be approved by the council. 273 (o) Not later than July 1, 2024, and quarterly thereafter, the Social 274 Equity Council shall prepare and submit a report, in accordance with 275 the provisions of section 11-4a, to the Governor, the speaker of the 276 House of Representatives, the president pro tempore of the Senate, the 277 majority leader of the House of Representatives, the majority leader of 278 the Senate, the minority leader of the House of Representatives, the 279 minority leader of the Senate and the joint standing committees of the 280 General Assembly having cognizance of matters relating to 281 appropriations and consumer protection. The report shall include, but 282 need not be limited to: 283 (1) The fiscal-year-to-date expenditures of the council, which 284 expenditures shall disclose, at a minimum: (A) All expenditures made 285 for personal services and the fringe benefit costs associated therewith; 286 (B) all expenditures made for consultants retained for the purpose of 287 reviewing applications for social equity applicant status; (C) all 288 expenditures made to provide businesses with access to capital and the 289 number of businesses that received access to such capital; (D) all 290 expenditures made to provide technical assistance for the start-up and 291 operation of businesses and the number of businesses that received such 292 assistance; (E) all expenditures made to fund workforce education, the 293 number of persons served by the workforce education programs 294 supported by such expenditures and the number of persons successfully 295 placed in relevant professional roles after completing such workforce 296 Substitute Bill No. 6930 LCO 11 of 15 education programs; (F) all expenditures made to fund community 297 investment grants, the amounts, grantees and purposes of such grants 298 and, if any of such grants were made to a grant maker, the amounts, 299 grantees and purposes of any subgrants made by such grant maker; (G) 300 all expenditures made for promotional or branding items and which 301 promotional or branding items were purchased; (H) all expenditures 302 made for advertising or marketing campaigns; (I) all expenditures made 303 to advertising or marketing firms; (J) all expenditures made for 304 sponsorships; (K) all expenditures made for other community outreach; 305 (L) all expenditures made for travel; and (M) all other expenditures not 306 described in subparagraphs (A) to (L), inclusive, of this subdivision; and 307 (2) The status of the council's performance of the council's 308 responsibilities in the licensing process under RERACA, including, but 309 not limited to: (A) The number of applications for social equity applicant 310 status, social equity plans and workforce development plans pending 311 before the council, categorized into the number of applications, social 312 equity plans and workforce development plans pending before the 313 council for (i) less than thirty days, (ii) at least thirty days but less than 314 sixty days, (iii) at least sixty days but less than ninety days, and (iv) at 315 least ninety days; (B) the number of applications for social equity 316 applicant status, social equity plans and workforce development plans 317 approved during the then current fiscal year, broken down by license 318 type; and (C) the number of applications for social equity applicant 319 status, social equity plans and workforce development plans denied 320 during the then current fiscal year, broken down by license type. 321 (p) Not later than July 1, 2024, and monthly thereafter, the executive 322 director of the council shall prepare and submit a report, in accordance 323 with the provisions of section 11-4a, to the council and the Black and 324 Puerto Rican Caucus of the General Assembly. The report shall include, 325 but need not be limited to: 326 (1) The expenditures the council plans to make during the month 327 immediately following submission of such report, which expenditures 328 shall disclose, at a minimum: (A) All expenditures the council plans to 329 Substitute Bill No. 6930 LCO 12 of 15 make for consultants retained for the purpose of reviewing applications 330 for social equity applicant status; (B) all expenditures the council plans 331 to make to fund community investment grants, the amounts, grantees 332 and purposes of such grants and, if any of such grants are to be made to 333 a grant maker, the amounts, grantees and purposes of any subgrants to 334 be made by such grant maker; (C) all expenditures the council plans to 335 make for promotional or branding items, for advertising or marketing 336 campaigns, to advertising or marketing firms and for sponsorships; (D) 337 all expenditures the council plans to make for community outreach; and 338 (E) all expenditures the council plans to make for travel; and 339 (2) The status of the council's performance of the council's 340 responsibilities in the licensing process under RERACA, including, but 341 not limited to, the following information for the date of such report: (A) 342 The number of applications for social equity applicant status that are 343 pending before the council and the date each such application was 344 submitted, broken down by license type, municipality, assembly district 345 and senate district; (B) the number of social equity plans that are 346 pending before the council and the date each such social equity plan was 347 submitted, broken down by license type; and (C) the number of 348 workforce development plans that are pending before the council and 349 the date each such workforce development plan was submitted, broken 350 down by license type. 351 (q) Not later than October 1, 2025, the council shall develop and 352 submit a strategic plan to the Governor and the joint standing 353 committees of the General Assembly having cognizance of matters 354 relating to appropriations and consumer protection. The strategic plan 355 shall include a framework that outlines the council's goals, planned 356 actions and priorities for the three-year period beginning October 1, 357 2025, and ending September 30, 2028. 358 (r) Not later than October 1, 2025, the council shall develop and adopt 359 an ethical code of conduct for council members and staff. 360 (s) Not later than January 1, 2026, and annually thereafter, the 361 Substitute Bill No. 6930 LCO 13 of 15 members of the council and council staff shall complete an ethics 362 training course focusing on disproportionately impacted areas and the 363 cannabis industry. 364 Sec. 2. Section 21a-420h of the general statutes is repealed and the 365 following is substituted in lieu thereof (Effective from passage): 366 The Social Equity Council shall adopt regulations, in accordance with 367 the provisions of chapter 54, to prevent the sale or change in ownership 368 or control of a cannabis establishment license awarded to a social equity 369 applicant to someone other than another qualifying social equity 370 applicant during the period of provisional licensure, and for three years 371 following the issuance of a final license, unless the backer of such 372 licensee has died or has a condition, including, but not limited to, a 373 physical illness or loss of skill or deterioration due to the aging process, 374 emotional disorder or mental illness that would interfere with the 375 backer's ability to operate. If the council approves any sale or change in 376 ownership or control of a cannabis establishment license awarded to a 377 social equity applicant during the three-year period following issuance 378 of a final license, and such sale or change in ownership or control is 379 made to anyone other than another qualifying social equity applicant, 380 the cannabis establishment licensee shall be treated as a cannabis 381 establishment licensee without social equity status beginning on the 382 date of such approval and such cannabis licensee shall no longer be 383 eligible to pay a reduced license renewal fee. Notwithstanding the 384 requirements of sections 4-168 to 4-172, inclusive, in order to effectuate 385 this section, prior to adopting such regulations and not later than 386 October 1, 2021, the council shall issue policies and procedures to 387 implement the provisions of this section that shall have the force and 388 effect of law. The council shall post all policies and procedures on its 389 Internet web site and submit such policies and procedures to the 390 Secretary of the State for posting on the eRegulations System, at least 391 fifteen days prior to the effective date of any policy or procedure. Any 392 such policy or procedure shall no longer be effective upon the earlier of 393 either the adoption of the policy or procedure as a final regulation under 394 section 4-172 or forty-eight months from July 1, 2021, if such regulations 395 Substitute Bill No. 6930 LCO 14 of 15 have not been submitted to the legislative regulation review committee 396 for consideration under section 4-170. Any violation of such policies and 397 procedures or any violation of such regulations related to the sale or 398 change in ownership may be referred by the Social Equity Council to the 399 department for administrative enforcement action, which may result in 400 a fine of not more than ten million dollars or action against the 401 establishment's license. 402 Sec. 3. Section 21a-421i of the general statutes is repealed and the 403 following is substituted in lieu thereof (Effective from passage): 404 [(a) As used in this section, "Social Equity Council", "cannabis 405 establishment" and "social equity applicant" have the same meanings as 406 provided in section 21a-420.] 407 [(b)] (a) (1) The Department of Economic and Community 408 Development and the Social Equity Council shall jointly develop and 409 establish: 410 (A) A revolving loan program for the purposes of subdivision (1) of 411 subsection (b) of section 21a-421h, including (i) requirements for loan 412 eligibility under the program, (ii) an application form and the 413 information and documentation required to be submitted with such 414 application, (iii) the terms of the loans to be offered, including the rates 415 of interest to be charged and the length of the loans, (iv) a plan for 416 publicizing and marketing the program, and (v) any other requirements 417 necessary to implement the program; and 418 (B) Application forms, applicant requirements and any other 419 provisions the department and the council deem necessary for the 420 purposes of subdivisions (2) to (4), inclusive, of subsection (b) of section 421 21a-421h. 422 (2) The department and the council shall post on the Internet web 423 sites of the Department of Economic and Community Development and 424 the Department of Consumer Protection information concerning the 425 loan program and other available funding under this section. 426 Substitute Bill No. 6930 LCO 15 of 15 (b) (1) The Department of Economic and Community Development 427 and the Social Equity Council shall approve or deny an application 428 described in subdivision (1) of subsection (a) of this section not later 429 than one hundred twenty days after the department and the council 430 receive a completed application form and all information and 431 documentation required to be submitted with such application form. 432 (2) If the department and the council deny an application as set forth 433 in subdivision (1) of this subsection, the applicant may reapply without 434 prejudice by submitting a new application as set forth in subdivision (1) 435 of subsection (a) of this section. 436 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 21a-420d Sec. 2 from passage 21a-420h Sec. 3 from passage 21a-421i Statement of Legislative Commissioners: In Section 1(c)(5)(B), "as defined in section 21a-420," was bracketed for consistency; in Section 1(h)(5), "equity, as defined in section 21a-420;" was changed to "equity; [as defined in section 21a-420;]" for consistency; and in Section 1(q), "ending on September" was changed to "ending September" for consistency. GL Joint Favorable Subst. -LCO