2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 2-A - Facility Determination and Licensing: Additional Gaming Facilities › 1321-J - Siting Evaluation.

§ 1321-j. Siting evaluation. In determining whether an applicant shall
be  eligible for a gaming facility license, the board shall evaluate and
make a determination of how  each  applicant  proposes  to  advance  the
following objectives with consideration given to the differences between
proposed  projects  related to whether it is a conversion of an existing
video lottery gaming facility or  new  facility  construction,  and  the
proposed  location.  The  board  shall  also  conduct an analysis of the
revenue impact of each applicant's proposed gaming facility on  existing
facilities and potential new facilities.
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  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;
(e) offering the highest and best value to patrons to create a  secure
and robust gaming market in the region and the state;
(f) 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  a  reasonable  and  feasible  construction  schedule 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 ten percent based on local impact 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)  operating  in  partnership  with  and  promoting  local   hotels,
restaurants  and  retail  facilities so that patrons experience the full
diversified regional tourism industry; and
(c)  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) utilizes the existing labor force in the state;
(2) 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
service-disabled veterans on those construction jobs;
(3)  identifies  workforce  training  programs  offered  by the gaming
facility; and
(4) identifies the methods for  accessing  employment  at  the  gaming
facility; and
(5)  incorporates  a  workforce  diversity  framework, which is scored
under subdivision four of this section.
(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.
4. The decision by the board  to  select  a  gaming  facility  license
applicant  shall  be  weighted  by  ten  percent  based  on  a diversity
framework. Diversity framework factors shall include, but not be limited
to, the following:
(a) workforce demographics including current employment of minorities,
women and service-disabled veterans in permanent and part-time  jobs  at
the applicant's gaming facilities;
(b) diversity in the ownership and leadership of the corporate entity;
(c) efforts the applicant is currently undertaking to ensure diversity
at  its  facilities  and  plans  to  undertake at this proposed facility
including:
(1)   establishing   mentorship   opportunities   and  other  business
development programs;
(2) incorporating 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 minorities, women and persons with disabilities;
(3) providing specific goals for the inclusion  of  minorities,  women
and veterans on construction jobs;
(4)  ensuring that any contractors or subcontractors to any contractor
make good faith efforts to provide minorities,  women  and  veterans  an
opportunity to participate in the workforce;
(5) working and partnering with minority-owned businesses;
(6)  developing  a  plan of action that shall promote diversity in its
business model,  financing,  employment  goals,  and  other  social  and
economic equity roles in the gaming industry; and
(7) any such further criteria as the board shall see fit for inclusion
after  consultation  with  the division of minority and women's business
development in the department of economic development.