Energy and Water Usage Report Now Required in Massachusetts Marijuana Cultivator License Renewal

Foley Hoag LLP - Cannabis and the Law

Foley Hoag LLP - Cannabis and the Law

[author: Courtney Suggs]

In November 2019, the Massachusetts Cannabis Control Commission (CCC) released new regulations dictating that Marijuana Cultivators engaged in indoor cultivation must include a report of their energy and water usage over the 12-month period preceding the date of their license renewal applications. This requirement is outlined in 935 CMR 500.103(4)(c). All applications for renewal filed on or after July 1, 2020 must include this required documentation.

The Cannabis PowerScore is specified by the Massachusetts CCC as an approved form and manner for reporting energy and water performance. The Cannabis PowerScore is a free energy, water, and waste benchmarking tool provided by the Resource Innovation Institute (RII), a non-profit focused on advancing resource efficiency for cannabis cultivators. Upgrades to PowerScore were funded by the Massachusetts Department of Energy Resources.

PowerScore’s brief survey asks questions about the energy, water, and waste practices at a facility and provides a measure of a facility’s resource efficiency relative to similar facilities. The survey provides an indicator of the competitiveness of a grow environment and tips on improving profitability.

RII offers two pathways for Massachusetts Marijuana Cultivators. The first, PowerScore Comply, allows users to simply comply with energy and water reporting requirements. Cultivators will report information on energy consumption by fuel (monthly, including consumption and demand), water consumption (gallons per month), on-site energy generation (monthly), and cannabis yield by weight (annual). The second pathway, PowerScore Comply & Benchmark, enables cultivators to comply and learn how to improve their performance toward a more resource-efficient and profitable facility. Cultivators will print the PowerScore report and include it as part of their renewal applications.

These new regulations are designed to ensure that cultivators continually look for new ways to reduce energy usage and costs and use best management practices to mitigate other environmental impacts.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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