S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7909
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law  and
   the tax law, in relation to the casino siting home rule
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 1314 of  the  racing,  pari-mutuel
 wagering  and breeding law, as added by chapter 174 of the laws of 2013,
 is amended to read as follows:
   2. As a condition of filing, each potential license  applicant  [must]
 SHALL demonstrate to the [board's satisfaction] BOARD that local support
 has been demonstrated THROUGH THE ENACTMENT OF LOCAL LAWS OR RESOLUTIONS
 IN SUPPORT BY THE HOST MUNICIPALITY AND COUNTY.
   §  2.  Paragraph  (b)  of subdivision 2 of section 1320 of the racing,
 pari-mutuel wagering and breeding law, as added by chapter  174  of  the
 laws of 2013, is amended to read as follows:
   (b) gaining public support in the host and nearby municipalities which
 [may]  SHALL  be  demonstrated  through the [passage] ENACTMENT of local
 laws [or public comment received by the board or gaming applicant];
   § 3. Section 1366 of the racing,  pari-mutuel  wagering  and  breeding
 law,  as added by chapter 174 of the laws of 2013, is amended to read as
 follows:
   § 1366. Zoning.  1. THE STATE, ANY MUNICIPAL CORPORATION OR ANY AGENCY
 OR AUTHORITY THEREOF SHALL BE PROHIBITED FROM ACQUIRING  LAND  NECESSARY
 FOR  THE  CONSTRUCTION  OR  DEVELOPMENT OF A CLASS THREE GAMING FACILITY
 PURSUANT TO THIS ARTICLE.
   2. Notwithstanding any inconsistent provision of law,  gaming  author-
 ized  at a location pursuant to this article shall be deemed an approved
 activity for such location under the relevant  city,  county,  town,  or
 village land use or zoning ordinances, rules, or regulations.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04932-01-1
              

 A. 7909                             2
 
   3.  THE REQUIREMENTS SET FORTH IN THIS SECTION SHALL BE IN ADDITION TO
 THE REQUIREMENTS OF THE PROVISIONS OF THE  STATE  ENVIRONMENTAL  QUALITY
 REVIEW ACT UNDER ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND
 ITS  IMPLEMENTING  REGULATIONS WHICH ARE CODIFIED IN 6 NYCRR 617 AND ANY
 OTHER GENERAL LAWS RELATING TO LAND USE AND ANY AMENDMENTS THERETO.
   §  4.  The opening paragraph of subdivision b of section 1617-a of the
 tax law, as amended by section 1 of part SS of chapter 60 of the laws of
 2016, is amended to read as follows:
   Such rules and regulations shall provide, as a condition of licensure,
 that racetracks to be licensed are certified to be  in  compliance  with
 all state and local fire and safety codes, that the gaming commission is
 afforded  adequate  space, infrastructure, and amenities consistent with
 industry standards for such video lottery gaming operations as found  at
 racetracks  in  other  states,  that racetrack employees involved in the
 operation of video lottery gaming pursuant to this section are  licensed
 by  the  gaming commission and such other terms and conditions of licen-
 sure as the gaming commission may establish. Notwithstanding any  incon-
 sistent  provision  of law, video lottery gaming at a racetrack pursuant
 to this section shall be deemed an approved activity for such  racetrack
 under  the  relevant  city,  county, town, or village land use or zoning
 ordinances, rules, or regulations  AND  SHALL  BE  IN  ADDITION  TO  THE
 REQUIREMENTS OF THE PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW
 ACT  UNDER  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ITS
 IMPLEMENTING REGULATIONS WHICH ARE CODIFIED IN 6 NYCRR 617 AND ANY OTHER
 GENERAL LAWS RELATING TO LAND USE AND ANY AMENDMENTS HERETO.  No  entity
 licensed  by the gaming commission operating video lottery gaming pursu-
 ant to this section may house such gaming activity in a structure deemed
 or approved by the division as "temporary" for a duration of longer than
 eighteen-months. Nothing in  this  section  shall  prohibit  the  gaming
 commission  from  licensing an entity to operate video lottery gaming at
 an existing racetrack as authorized in this subdivision whether or not a
 different entity is licensed to conduct  horse  racing  and  pari-mutuel
 wagering  at  such  racetrack  pursuant  to  article two or three of the
 racing, pari-mutuel wagering and breeding law.
   § 5. This act shall take effect immediately.