2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 2 - Facility Determination and Licensing: Upstate Gaming Facilities › 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.