NY Rac, Pari-Mut Wag & Breeding L § 1320 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 13 - Destination Resort Gaming Title 2 - Facility Determination and Licensing 1320 - Siting Evaluation.

§  1320.  Siting evaluation. In determining whether an applicant shall be eligible for a gaming facility license, the board shall evaluate  and issue  a finding of how each applicant proposes to advance the following objectives.   1. The decision by the board  to  select  a  gaming  facility  license applicant  shall  be  weighted  by  seventy  percent  based  on economic activity and business development factors including:  (a) realizing maximum capital investment exclusive of land acquisition and infrastructure improvements;  (b) maximizing revenues received by the state and localities;  (c) providing the  highest  number  of  quality  jobs  in  the  gaming facility;  (d)  building  a gaming facility of the highest caliber with a variety of quality amenities to be included as part of the gaming facility;  (e) offering the highest and best value to patrons to create a  secure and robust gaming market in the region and the state;  (f)  providing  a  market  analysis detailing the benefits of the site location of the gaming facility and  the  estimated  recapture  rate  of gaming-related  spending  by  residents  travelling  to  an out-of-state gaming facility;  (g) offering the  fastest  time  to  completion  of  the  full  gaming facility;  (h)  demonstrating  the  ability to fully finance the gaming facility; and  (i) demonstrating experience in the development  and  operation  of  a quality gaming facility.   2.  The  decision  by  the  board  to select a gaming facility license applicant shall be weighted by twenty percent based on local impact  and siting factors including:  (a)  mitigating  potential  impacts  on host and nearby municipalities which might result from the  development  or  operation  of  the  gaming facility;  (b) gaining public support in the host and nearby municipalities which may  be demonstrated through the passage of local laws or public comment received by the board or gaming applicant;  (c)  operating  in  partnership  with  and  promoting  local   hotels, restaurants  and  retail  facilities so that patrons experience the full diversified regional tourism industry; and  (d)  establishing  a  fair  and  reasonable  partnership   with   live entertainment  venues  that  may  be impacted by a gaming facility under which  the  gaming  facility  actively  supports  the  mission  and  the operation of the impacted entertainment venues.   3.  The  decision  by  the  board  to select a gaming facility license applicant  shall  be  weighted  by  ten  percent  based   on   workforce enhancement factors including:  (a)  implementing  a  workforce  development  plan  that  utilizes the existing labor force, including the  estimated  number  of  construction jobs  a  proposed  gaming  facility  will  generate,  the development of workforce training programs that serve the unemployed  and  methods  for accessing employment at the gaming facility;  (b)  taking additional measures to address problem gambling including, but not limited to, training of gaming  employees  to  identify  patrons exhibiting problems with gambling;  (c)  utilizing  sustainable  development principles including, but not limited to:  (1)  having  new  and  renovation  construction  certified  under  the appropriate  certification  category  in  the  Leadership  in Energy and  Environmental Design Green Building Rating System created by the  United States Green Building Council;  (2) efforts to mitigate vehicle trips;  (3) efforts to conserve water and manage storm water;  (4)  demonstrating  that  electrical and HVAC equipment and appliances will be Energy Star labeled where available;  (5)  procuring  or  generating  on-site  ten  percent  of  its  annual electricity consumption from renewable sources; and  (6)  developing  an  ongoing  plan  to  submeter and monitor all major sources of energy consumption and undertake regular efforts to  maintain and improve energy efficiency of buildings in their systems;  (d)  establishing,  funding  and maintaining human resource hiring and training practices that promote the development of a skilled and diverse workforce and access to  promotion  opportunities  through  a  workforce training program that:  (1)  establishes  transparent  career  paths  with measurable criteria within the gaming facility that lead  to  increased  responsibility  and higher  pay grades that are designed to allow employees to pursue career advancement and promotion;  (2) provides employee access to additional resources, such as  tuition reimbursement  or  stipend  policies, to enable employees to acquire the education or job training  needed  to  advance  career  paths  based  on increased responsibility and pay grades; and  (3) establishes an on-site child day care program;  (e)  purchasing,  whenever  possible,  domestically  manufactured slot machines for installation in the gaming facility;  (f) implementing a workforce development plan that:  (1) incorporates an affirmative action program of equal opportunity by which the applicant guarantees to provide equal employment opportunities to all employees qualified for licensure in all  employment  categories, including persons with disabilities;  (2) utilizes the existing labor force in the state;  (3)  estimates  the number of construction jobs a gaming facility will generate and provides  for  equal  employment  opportunities  and  which includes  specific  goals  for  the utilization of minorities, women and veterans on those construction jobs;  (4) identifies workforce  training  programs  offered  by  the  gaming facility; and  (5)  identifies  the  methods  for  accessing employment at the gaming facility; and  (g) demonstrating that the applicant has an agreement  with  organized labor,  including hospitality services, and has the support of organized labor for its application, which specifies:  (1) the number of employees to be employed  at  the  gaming  facility, including  detailed  information  on  the  pay  rate  and  benefits  for employees and contractors in the gaming facility and all  infrastructure improvements related to the project; and  (2) detailed plans for assuring labor harmony during all phases of the construction,  reconstruction,  renovation, development and operation of the gaming facility.