Illinois Compiled Statutes 410 ILCS 705/30-10 – Application
Current as of: 2024 | Check for updates
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(a) When applying for a license, the applicant shall electronically submit the following in such form as the Department of Agriculture may direct:
(1) the nonrefundable application fee of $5,000 to be
(1) the nonrefundable application fee of $5,000 to be
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deposited into the Cannabis Regulation Fund, or another amount as the Department of Agriculture may set by rule after January 1, 2021;
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(2) the legal name of the craft grower;
(3) the proposed physical address of the craft grower;
(4) the name, address, social security number, and
Terms Used In Illinois Compiled Statutes 410 ILCS 705/30-10
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(3) the proposed physical address of the craft grower;
(4) the name, address, social security number, and
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date of birth of each principal officer and board member of the craft grower; each principal officer and board member shall be at least 21 years of age;
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(5) the details of any administrative or judicial
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proceeding in which any of the principal officers or board members of the craft grower (i) pled guilty, were convicted, were fined, or had a registration or license suspended or revoked or (ii) managed or served on the board of a business or non-profit organization that pled guilty, was convicted, was fined, or had a registration or license suspended or revoked;
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(6) proposed operating bylaws that include procedures
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for the oversight of the craft grower, including the development and implementation of a plant monitoring system, accurate recordkeeping, staffing plan, and security plan approved by the Illinois State Police that are in accordance with the rules issued by the Department of Agriculture under this Act; a physical inventory shall be performed of all plants and on a weekly basis by the craft grower;
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(7) verification from the Illinois State Police that
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all background checks of the prospective principal officers, board members, and agents of the cannabis business establishment have been conducted;
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(8) a copy of the current local zoning ordinance or
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permit and verification that the proposed craft grower is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;
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(9) proposed employment practices, in which the
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applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;
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(10) whether an applicant can demonstrate experience
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in or business practices that promote economic empowerment in Disproportionately Impacted Areas;
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(11) experience with the cultivation of agricultural
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or horticultural products, operating an agriculturally related business, or operating a horticultural business;
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(12) a description of the enclosed, locked facility
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where cannabis will be grown, harvested, manufactured, packaged, or otherwise prepared for distribution to a dispensing organization or other cannabis business establishment;
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(13) a survey of the enclosed, locked facility,
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including the space used for cultivation;
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(14) cultivation, processing, inventory, and
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packaging plans;
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(15) a description of the applicant’s experience with
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agricultural cultivation techniques and industry standards;
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(16) a list of any academic degrees, certifications,
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or relevant experience of all prospective principal officers, board members, and agents of the related business;
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(17) the identity of every person having a financial
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or voting interest of 5% or greater in the craft grower operation, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person;
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(18) a plan describing how the craft grower will
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address each of the following:
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(i) energy needs, including estimates of monthly
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electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;
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(ii) water needs, including estimated water draw
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and if it has or will adopt a sustainable water use and water conservation policy; and
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(iii) waste management, including if it has or
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will adopt a waste reduction policy;
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(19) a recycling plan:
(A) Purchaser packaging, including cartridges,
(A) Purchaser packaging, including cartridges,
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shall be accepted by the applicant and recycled.
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(B) Any recyclable waste generated by the craft
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grower facility shall be recycled per applicable State and local laws, ordinances, and rules.
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(C) Any cannabis waste, liquid waste, or
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hazardous waste shall be disposed of in accordance with 8 Ill. Adm. Code 1000.460, except, to the greatest extent feasible, all cannabis plant waste will be rendered unusable by grinding and incorporating the cannabis plant waste with compostable mixed waste to be disposed of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);
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(20) a commitment to comply with local waste
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provisions: a craft grower facility must remain in compliance with applicable State and federal environmental requirements, including, but not limited to:
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(A) storing, securing, and managing all
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recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable State and local laws, ordinances, and rules; and
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(B) disposing liquid waste containing cannabis or
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byproducts of cannabis processing in compliance with all applicable State and federal requirements, including, but not limited to, the cannabis cultivation facility’s permits under Title X of the Environmental Protection Act;
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(21) a commitment to a technology standard for
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resource efficiency of the craft grower facility.
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(A) A craft grower facility commits to use
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resources efficiently, including energy and water. For the following, a cannabis cultivation facility commits to meet or exceed the technology standard identified in paragraphs (i), (ii), (iii), and (iv), which may be modified by rule:
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(i) lighting systems, including light bulbs;
(ii) HVAC system;
(iii) water application system to the crop;
(ii) HVAC system;
(iii) water application system to the crop;
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and
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(iv) filtration system for removing
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contaminants from wastewater.
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(B) Lighting. The Lighting Power Densities (LPD)
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for cultivation space commits to not exceed an average of 36 watts per gross square foot of active and growing space canopy, or all installed lighting technology shall meet a photosynthetic photon efficacy (PPE) of no less than 2.2 micromoles per joule fixture and shall be featured on the DesignLights Consortium (DLC) Horticultural Specification Qualified Products List (QPL). In the event that DLC requirement for minimum efficacy exceeds 2.2 micromoles per joule fixture, that PPE shall become the new standard.
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(C) HVAC.
(i) For cannabis grow operations with less
(i) For cannabis grow operations with less
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than 6,000 square feet of canopy, the licensee commits that all HVAC units will be high-efficiency ductless split HVAC units, or other more energy efficient equipment.
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(ii) For cannabis grow operations with 6,000
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square feet of canopy or more, the licensee commits that all HVAC units will be variable refrigerant flow HVAC units, or other more energy efficient equipment.
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(D) Water application.
(i) The craft grower facility commits to use
(i) The craft grower facility commits to use
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automated watering systems, including, but not limited to, drip irrigation and flood tables, to irrigate cannabis crop.
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(ii) The craft grower facility commits to
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measure runoff from watering events and report this volume in its water usage plan, and that on average, watering events shall have no more than 20% of runoff of water.
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(E) Filtration. The craft grower commits that
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HVAC condensate, dehumidification water, excess runoff, and other wastewater produced by the craft grower facility shall be captured and filtered to the best of the facility’s ability to achieve the quality needed to be reused in subsequent watering rounds.
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(F) Reporting energy use and efficiency as
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required by rule; and
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(22) any other information required by rule.
(b) Applicants must submit all required information, including the information required in Section 30-15, to the Department of Agriculture. Failure by an applicant to submit all required information may result in the application being disqualified.
(c) If the Department of Agriculture receives an application with missing information, the Department of Agriculture may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified.
(b) Applicants must submit all required information, including the information required in Section 30-15, to the Department of Agriculture. Failure by an applicant to submit all required information may result in the application being disqualified.
(c) If the Department of Agriculture receives an application with missing information, the Department of Agriculture may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified.